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

Ohio House Bill 59 (Prior Session Legislation)

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

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

Spectrum: Partisan Bill (Republican 34-1)

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

Download: Ohio-2013-HB59-Introduced.html

As Pending in the House Finance and Appropriations Committee (L# 0009-3)

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 59

Representative Amstutz

A BILL

To amend sections 9.03, 9.15, 9.231, 9.239, 9.24,

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

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

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

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

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

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

122.075, 122.083, 122.17, 122.28, 122.30, 122.31,

122.32, 122.33, 122.34, 122.35, 122.36, 122.657,

122.658, 122.66, 122.67, 122.68, 122.69, 122.70,

122.701, 122.76, 122.85, 122.861, 123.01, 123.10,

123.11, 123.201, 123.21, 123.27, 124.11, 124.14,

124.141, 124.18, 124.30, 124.341, 124.381, 124.57,

125.05, 125.21, 125.212, 125.28, 125.602, 125.603,

125.832, 125.836, 126.07, 126.14, 126.32, 126.35,

126.45, 126.46, 126.47, 126.48, 127.14, 127.16,

133.06, 140.01, 140.03, 140.05, 145.01, 145.012,

145.22, 149.01, 149.43, 151.11, 152.09, 153.692,

154.01, 154.17, 154.20, 154.22, 154.23, 154.25,

156.02, 156.03, 156.04, 156.05, 164.27, 166.02,

166.03, 166.04, 166.08, 166.25, 169.02, 173.03,

173.14, 173.17, 173.19, 173.20, 173.21, 173.23,

173.25, 173.26, 173.27, 173.28, 173.39, 173.391,

173.392, 173.394, 173.40, 173.401, 173.402,

173.403, 173.404, 173.42, 173.43, 173.431,

173.432, 173.434, 173.45, 173.47, 173.48, 173.50,

173.501, 173.99, 191.01, 191.02, 191.04, 191.06,

307.07, 307.673, 307.674, 307.86, 317.08, 317.32,

317.321, 317.36, 321.35, 321.44, 329.04, 329.051,

329.06, 329.14, 339.02, 339.05, 339.06, 339.07,

340.01, 340.011, 340.02, 340.021, 340.03, 340.031,

340.032, 340.04, 340.05, 340.07, 340.09, 340.091,

340.10, 340.11, 340.12, 340.13, 340.15, 340.16,

341.192, 351.021, 715.691, 731.091, 737.41,

742.14, 755.06, 901.21, 901.22, 901.23, 903.11,

903.99, 905.06, 909.15, 924.06, 927.54, 955.201,

956.07, 956.18, 991.03, 991.04, 991.06, 1321.46,

1337.11, 1347.08, 1501.011, 1501.45, 1509.01,

1509.02, 1509.062, 1509.10, 1509.11, 1509.50,

1509.73, 1511.02, 1511.022, 1519.05, 1531.06,

1531.17, 1545.071, 1547.99, 1551.33, 1551.35,

1555.15, 1711.07, 1724.03, 1739.061, 1751.01,

1751.11, 1751.12, 1751.14, 1751.271, 1751.31,

1751.60, 1923.14, 2101.24, 2108.05, 2113.041,

2113.06, 2117.061, 2117.25, 2133.01, 2133.25,

2151.011, 2151.3514, 2151.362, 2151.86, 2152.54,

2152.59, 2303.201, 2305.234, 2307.65, 2317.02,

2317.422, 2505.02, 2743.02, 2744.05, 2901.13,

2901.30, 2903.33, 2907.22, 2913.40,2913.401,

2919.271, 2921.01, 2921.13, 2921.22, 2921.36,

2921.38, 2923.126, 2925.03, 2929.13, 2929.15,

2930.01, 2935.03, 2935.33, 2945.37, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2951.041,

2967.22, 2981.12, 3101.051, 3107.083, 3109.15,

3111.04, 3111.72, 3119.29, 3119.54, 3121.441,

3121.89, 3121.891, 3121.892, 3121.893, 3121.898,

3123.958, 3125.18, 3125.36, 3301.07, 3301.0714,

3301.0715, 3301.0723, 3301.15, 3302.01, 3302.03,

3302.22, 3304.231, 3307.51, 3309.21, 3310.01,

3310.02, 3310.03, 3310.05, 3310.06, 3310.08,

3310.56, 3311.0510, 3311.22, 3311.231, 3311.38,

3311.78, 3312.08, 3313.372, 3313.376, 3313.42,

3313.48, 3313.483, 3313.484, 3313.488, 3313.4810,

3313.533, 3313.539, 3313.603, 3313.62, 3313.64,

3313.646, 3313.65, 3313.714, 3313.715, 3313.83,

3313.841, 3313.843, 3313.845, 3313.847, 3313.88,

3313.978, 3313.98, 3313.981, 3314.015, 3314.017,

3314.029, 3314.03, 3314.05, 3314.072, 3314.074,

3314.08, 3314.083, 3314.084, 3314.087, 3314.09,

3314.091, 3314.11, 3314.26, 3315.40, 3315.42,

3316.041, 3316.06, 3317.01, 3317.013, 3317.021,

3317.023, 3317.0212, 3317.03, 3317.032, 3317.05,

3317.06, 3317.08, 3317.10, 3317.12, 3317.14,

3317.141, 3317.18, 3317.19, 3317.20, 3317.50,

3317.51, 3318.011, 3318.031, 3318.08, 3318.31,

3318.36, 3318.363, 3319.07, 3319.073, 3319.17,

3319.22, 3319.235, 3319.57, 3321.01, 3321.05,

3323.021, 3323.03, 3323.04, 3323.07, 3323.08,

3323.09, 3323.091, 3323.13, 3323.14, 3323.141,

3323.142, 3326.11, 3326.20, 3326.31, 3326.32,

3326.33, 3326.34, 3326.38, 3326.45, 3327.01,

3333.041, 3333.82, 3335.35, 3335.36, 3335.37,

3335.38, 3345.05, 3345.12, 3353.01, 3353.06,

3365.01, 3365.02, 3365.07, 3365.12, 3383.01,

3383.07, 3501.01, 3599.45, 3701.023, 3701.024,

3701.027, 3701.13, 3701.132, 3701.243, 3701.261,

3701.262, 3701.264, 3701.342, 3701.344, 3701.507,

3701.74, 3701.741, 3701.742, 3701.78, 3701.83,

3701.881, 3701.921, 3701.922, 3701.99, 3702.51,

3702.521, 3702.55, 3702.62, 3702.74, 3702.91,

3704.144, 3706.01, 3707.511, 3709.01, 3709.051,

3709.10, 3712.051, 3712.07, 3712.09, 3713.06,

3714.07, 3717.08, 3718.06, 3719.61, 3721.01,

3721.011, 3721.02, 3721.022, 3721.024, 3721.027,

3721.042, 3721.071, 3721.08, 3721.10, 3721.12,

3721.121, 3721.13, 3721.14, 3721.15, 3721.16,

3721.17, 3721.19, 3721.50, 3721.51, 3721.511,

3721.512, 3721.513, 3721.52, 3721.53, 3721.531,

3721.532, 3721.533, 3721.54, 3721.541, 3721.55,

3721.56, 3721.57, 3721.58, 3727.01, 3734.28,

100

3734.57, 3734.901, 3734.907, 3735.58, 3737.02,

101

3737.83, 3737.841, 3737.88, 3742.30, 3742.31,

102

3742.32, 3742.51, 3745.11, 3745.113, 3769.08,

103

3769.088, 3770.02, 3770.06, 3772.03, 3772.062,

104

3772.091, 3781.112, 3793.01, 3793.031, 3793.032,

105

3793.051, 3793.10, 3793.11, 3793.12, 3793.13,

106

3793.14, 3793.15, 3793.16, 3793.18, 3793.22,

107

3793.31, 3793.32, 3793.33, 3793.34, 3793.35,

108

3793.36, 3793.37, 3793.38, 3793.39, 3798.01,

109

3901.3814, 3903.14, 3905.40, 3905.483, 3905.862,

110

3916.06, 3923.24, 3923.241, 3923.281, 3923.443,

111

3923.49, 3923.50, 3923.601, 3923.83, 3924.41,

112

3924.42, 3963.01, 3963.04, 4104.33, 4112.01,

113

4112.12, 4112.31, 4115.034, 4115.32, 4117.06,

114

4117.14, 4117.15, 4121.50, 4123.32, 4131.03,

115

4141.162, 4301.10, 4301.30, 4301.43, 4305.131,

116

4501.21, 4503.62, 4506.07, 4507.03, 4507.06,

117

4507.51, 4510.038, 4510.45, 4511.19, 4511.191,

118

4701.03, 4707.02, 4707.073, 4707.10, 4709.11,

119

4715.36, 4715.372, 4717.03, 4717.06, 4717.07,

120

4717.10, 4717.14, 4717.15, 4719.01, 4723.18,

121

4723.35, 4723.481, 4725.03, 4725.16, 4729.51,

122

4729.54, 4729.69, 4729.80, 4729.81, 4729.99,

123

4730.411, 4731.151, 4731.23, 4731.65, 4731.71,

124

4734.41, 4745.01, 4751.01, 4751.02, 4751.03,

125

4751.04, 4751.041, 4751.05, 4751.06, 4751.07,

126

4751.08, 4751.10, 4751.11, 4751.12, 4751.13,

127

4753.071, 4755.481, 4758.10, 4758.11, 4761.01,

128

4906.20, 5101.01, 5101.11, 5101.141, 5101.16,

129

5101.162, 5101.18, 5101.181, 5101.183, 5101.184,

130

5101.26, 5101.271, 5101.272, 5101.273, 5101.30,

131

5101.31, 5101.34, 5101.35, 5101.36, 5101.46,

132

5101.461, 5101.47, 5101.49, 5101.50, 5101.501,

133

5101.502, 5101.51, 5101.511, 5101.512, 5101.513,

134

5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,

135

5101.521, 5101.522, 5101.524, 5101.527, 5101.571,

136

5101.572, 5101.573, 5101.574, 5101.575, 5101.58,

137

5101.59, 5101.591, 5101.60, 5101.61, 5101.80,

138

5101.801, 5103.02, 5103.0323, 5103.13, 5103.42,

139

5104.012, 5104.013, 5104.02, 5104.021, 5104.03,

140

5104.08, 5104.11, 5104.12, 5104.32, 5107.10,

141

5107.14, 5107.16, 5107.20, 5107.24, 5107.26,

142

5107.42, 5107.64, 5111.01, 5111.011, 5111.013,

143

5111.016, 5111.018, 5111.0112, 5111.0114,

144

5111.0116, 5111.0117, 5111.0118, 5111.0119,

145

5111.02, 5111.021, 5111.022, 5111.023, 5111.024,

146

5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,

147

5111.0211, 5111.0212, 5111.0213, 5111.0214,

148

5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,

149

5111.034, 5111.035, 5111.04, 5111.042, 5111.05,

150

5111.051, 5111.052, 5111.053, 5111.054, 5111.06,

151

5111.061, 5111.062, 5111.063, 5111.07, 5111.071,

152

5111.08, 5111.081, 5111.082, 5111.083, 5111.084,

153

5111.085, 5111.086, 5111.09, 5111.091, 5111.092,

154

5111.10, 5111.101, 5111.102, 5111.11, 5111.111,

155

5111.112, 5111.113, 5111.114, 5111.12, 5111.121,

156

5111.13, 5111.14, 5111.141, 5111.15, 5111.151,

157

5111.16, 5111.161, 5111.162, 5111.163, 5111.17,

158

5111.171, 5111.172, 5111.173, 5111.174, 5111.175,

159

5111.177, 5111.178, 5111.179, 5111.1710,

160

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

161

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

162

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

163

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

164

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

165

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

166

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

167

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

168

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

169

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

170

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

171

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

172

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

173

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

174

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

175

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

176

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

177

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

178

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

179

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

180

5111.686, 5111.687, 5111.688, 5111.689, 5111.71,

181

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

182

5111.84, 5111.85, 5111.851, 5111.852, 5111.853,

183

5111.854, 5111.855, 5111.856, 5111.86, 5111.861,

184

5111.862, 5111.863, 5111.864, 5111.865, 5111.87,

185

5111.871, 5111.872, 5111.873, 5111.874, 5111.875,

186

5111.876, 5111.877, 5111.878, 5111.879, 5111.88,

187

5111.881, 5111.882, 5111.885, 5111.886, 5111.887,

188

5111.888, 5111.889, 5111.8810, 5111.89, 5111.891,

189

5111.892, 5111.894, 5111.90, 5111.91, 5111.911,

190

5111.912, 5111.914, 5111.915, 5111.92, 5111.93,

191

5111.94, 5111.941, 5111.943, 5111.944, 5111.945,

192

5111.96, 5111.97, 5111.98, 5111.981, 5111.982,

193

5111.99, 5112.01, 5112.03, 5112.04, 5112.05,

194

5112.06, 5112.07, 5112.08, 5112.09, 5112.10,

195

5112.11, 5112.17, 5112.18, 5112.19, 5112.21,

196

5112.30, 5112.31, 5112.32, 5112.33, 5112.331,

197

5112.34, 5112.341, 5112.35, 5112.37, 5112.371,

198

5112.38, 5112.39, 5112.40, 5112.41, 5112.42,

199

5112.43, 5112.44, 5112.45, 5112.46, 5112.47,

200

5112.48, 5112.99, 5112.991, 5115.20, 5117.10,

201

5119.01, 5119.012, 5119.02, 5119.04, 5119.06,

202

5119.061, 5119.07, 5119.071, 5119.072, 5119.08,

203

5119.10, 5119.101, 5119.11, 5119.12, 5119.14,

204

5119.16, 5119.161, 5119.17, 5119.18, 5119.20,

205

5119.201, 5119.202, 5119.21, 5119.22, 5119.221,

206

5119.23, 5119.24, 5119.27, 5119.30, 5119.33,

207

5119.34, 5119.35, 5119.351, 5119.36, 5119.42,

208

5119.43, 5119.44, 5119.46, 5119.51, 5119.52,

209

5119.53, 5119.57, 5119.60, 5119.61, 5119.611,

210

5119.612, 5119.613, 5119.62, 5119.621, 5119.622,

211

5119.63, 5119.631, 5119.69, 5119.691, 5119.99,

212

5120.07, 5120.09, 5120.135, 5120.17, 5120.171,

213

5120.652, 5120.654, 5121.051, 5121.30, 5121.32,

214

5121.33, 5121.34, 5121.35, 5121.36, 5121.37,

215

5121.38, 5121.40, 5121.42, 5121.43, 5121.44,

216

5121.45, 5121.46, 5121.47, 5121.49, 5121.50,

217

5121.51, 5121.52, 5121.55, 5122.01, 5122.03,

218

5122.10, 5122.11, 5122.12, 5122.13, 5122.15,

219

5122.17, 5122.18, 5122.19, 5122.20, 5122.21,

220

5122.23, 5122.25, 5122.26, 5122.27, 5122.271,

221

5122.31, 5122.311, 5122.32, 5122.33, 5122.34,

222

5122.341, 5122.39, 5122.43, 5122.44, 5122.45,

223

5122.46, 5122.47, 5123.01, 5123.021, 5123.022,

224

5123.03, 5123.0412, 5123.0417, 5123.09, 5123.171,

225

5123.19, 5123.192, 5123.197, 5123.198, 5123.38,

226

5123.61, 5123.86, 5126.01, 5126.026, 5126.05,

227

5126.051, 5126.054, 5126.055, 5126.24, 5139.03,

228

5139.04, 5139.08, 5139.34, 5145.162, 5145.18,

229

5153.16, 5302.221, 5309.082, 5505.12, 5507.46,

230

5511.03, 5701.13, 5703.052, 5703.059, 5703.21,

231

5703.37, 5703.82, 5705.19, 5705.221, 5705.412,

232

5709.17, 5709.212, 5709.75, 5725.18, 5726.20,

233

5727.26, 5727.75, 5727.84, 5727.89, 5728.10,

234

5729.03, 5731.39, 5733.01, 5733.06, 5733.11,

235

5733.98, 5735.01, 5735.012, 5735.12, 5735.34,

236

5739.01, 5739.09, 5739.12, 5739.13, 5741.01,

237

5741.12, 5741.17, 5743.081, 5743.15, 5743.56,

238

5745.12, 5747.01, 5747.02, 5747.022, 5747.025,

239

5747.08, 5747.10, 5747.11, 5747.113, 5747.122,

240

5747.13, 5747.21, 5747.47, 5747.501, 5747.98,

241

5749.02, 5749.06, 5749.07, 5749.17, 5751.01,

242

5751.014, 5751.07, 5751.081, 5751.09, 5751.20,

243

5751.21, 5753.01, 5753.03, 5753.07, 5815.28,

244

5905.02, 5910.02, 5910.07, 5919.34, 5924.502,

245

5924.503, 5924.504, 5924.506, 6109.21, and

246

6111.037; to amend, for the purpose of adopting

247

new section numbers as indicated in parentheses,

248

sections 173.394 (173.38), 173.40 (173.52),

249

173.401 (173.521), 173.402 (173.524), 173.403

250

(173.53), 173.404 (173.55), 3313.847 (3317.30),

251

3333.90 (3333.59), 3353.01 (3333.89), 3353.05

252

(3333.91), 3353.06 (3333.92), 3353.07 (3333.93),

253

3353.11 (3333.94), 3383.01 (123.28), 3383.07

254

(123.281), 3721.50 (5168.40), 3721.51 (5168.42),

255

3721.511 (5168.43), 3721.512 (5168.44), 3721.513

256

(5168.45), 3721.52 (5168.46), 3721.53 (5168.47),

257

3721.531 (5168.48), 3721.532 (5168.49), 3721.533

258

(5168.50), 3721.54 (5168.51), 3721.541 (5168.52),

259

3721.55 (5168.53), 3721.56 (5168.54), 3721.57

260

(5168.55), 3721.58 (5168.56), 3737.883 (3737.884),

261

3793.01 (5119.01), 3793.031 (5119.201), 3793.032

262

(5119.47), 3793.051 (5119.161), 3793.10 (5119.38),

263

3793.11 (5119.39), 3793.12 (5119.61), 3793.13

264

(5119.27), 3793.14 (5119.26), 3793.15 (5119.17),

265

3793.16 (5119.188), 3793.18 (5119.30), 3793.22

266

(5119.49), 3793.31 (5119.90), 3793.32 (5119.91),

267

3793.33 (5119.92), 3793.34 (5119.93), 3793.35

268

(5119.94), 3793.36 (5119.95), 3793.37 (5119.96),

269

3793.38 (5119.97), 3793.39 (5119.98), 5101.271

270

(5160.45), 5101.31 (5164.756), 5101.50 (5161.05),

271

5101.501 (5161.06), 5101.502 (5161.02), 5101.51

272

(5161.10), 5101.511 (5161.11), 5101.5110

273

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

274

5101.516 (5161.22), 5101.517 (5161.24), 5101.519

275

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

276

5101.522 (5161.17), 5101.524 (5161.20), 5101.527

277

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

278

5101.573 (5160.40), 5101.574 (5160.41), 5101.575

279

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

280

5101.591 (5160.43), 5111.01 (5162.03), 5111.011

281

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

282

5111.018 (5164.07), 5111.0112 (5162.20), 5111.0114

283

(5164.754), 5111.0116 (5163.30), 5111.0117

284

(5163.31), 5111.0118 (5163.32), 5111.0119

285

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

286

5111.022 (5164.56), 5111.023 (5164.15), 5111.024

287

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

288

5111.028 (5164.32), 5111.029 (5164.06), 5111.0210

289

(5164.92), 5111.0211 (5165.48), 5111.0212

290

(5164.80), 5111.0213 (5164.77), 5111.0214

291

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

292

5111.031 (5164.37), 5111.032 (5164.34), 5111.033

293

(5164.342), 5111.034 (5164.341), 5111.035

294

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

295

5111.05 (5164.45), 5111.051 (5164.48), 5111.052

296

(5164.46), 5111.053 (5164.301), 5111.054

297

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

298

5111.062 (5164.39), 5111.063 (5164.31), 5111.07

299

(5164.752), 5111.071 (5164.753), 5111.08

300

(5164.759), 5111.081 (5164.755), 5111.082

301

(5164.751), 5111.083 (5164.757), 5111.084

302

(5164.7510), 5111.085 (5164.758), 5111.086

303

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

304

5111.092 (5162.132), 5111.10 (5162.10), 5111.101

305

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

306

5111.111 (5162.211), 5111.112 (5162.212), 5111.113

307

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

308

5111.121 (5162.24), 5111.13 (5164.85), 5111.14

309

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

310

5111.151 (5163.21), 5111.16 (5167.03), 5111.161

311

(5167.031), 5111.162 (5167.20), 5111.163

312

(5167.201), 5111.17 (5167.10), 5111.1710

313

(5167.14), 5111.171 (5167.31), 5111.1711

314

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

315

5111.174 (5167.41), 5111.175 (5167.26), 5111.177

316

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

317

5111.18 (5164.86), 5111.181 (5163.22), 5111.19

318

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

319

5111.201 (5165.011), 5111.202 (5165.03), 5111.203

320

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

321

5111.212 (5165.35), 5111.22 (5165.07), 5111.221

322

(5165.37), 5111.222 (5165.15), 5111.223

323

(5165.071), 5111.224 (5124.15), 5111.225

324

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

325

5111.231 (5165.19), 5111.232 (5165.192), 5111.233

326

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

327

5111.241 (5124.21), 5111.242 (5165.21), 5111.244

328

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

329

5111.25 (5165.17), 5111.251 (5124.17), 5111.254

330

(5165.151), 5111.255 (5124.151), 5111.257

331

(5165.28), 5111.258 (5165.153), 5111.259

332

(5165.156), 5111.26 (5165.10), 5111.261

333

(5165.107), 5111.262 (5165.47), 5111.263

334

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

335

5111.266 (5165.101), 5111.27 (5165.108), 5111.271

336

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

337

5111.291 (5124.155), 5111.30 (5165.073), 5111.31

338

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

339

5111.331 (5165.34), 5111.35 (5165.60), 5111.36

340

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

341

5111.39 (5165.64), 5111.40 (5165.65), 5111.41

342

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

343

5111.43 (5165.69), 5111.44 (5165.70), 5111.45

344

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

345

5111.48 (5165.74), 5111.49 (5165.75), 5111.50

346

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

347

5111.52 (5165.79), 5111.53 (5165.80), 5111.54

348

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

349

5111.57 (5165.84), 5111.58 (5165.85), 5111.59

350

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

351

5111.62 (5162.66), 5111.63 (5165.89), 5111.66

352

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

353

5111.671 (5165.511), 5111.672 (5165.512), 5111.673

354

(5165.513), 5111.674 (5165.514), 5111.675

355

(5165.515), 5111.676 (5165.516), 5111.677

356

(5165.517), 5111.68 (5165.52), 5111.681

357

(5165.521), 5111.682 (5165.522), 5111.683

358

(5165.523), 5111.684 (5165.524), 5111.685

359

(5165.525), 5111.686 (5165.526), 5111.687

360

(5165.527), 5111.688 (5165.528), 5111.689

361

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

362

5111.712 (5162.362), 5111.713 (5162.363), 5111.714

363

(5162.64), 5111.715 (5162.364), 5111.84 (5166.03),

364

5111.85 (5166.02), 5111.851 (5166.04), 5111.852

365

(5166.05), 5111.853 (5166.06), 5111.854 (5166.07),

366

5111.855 (5166.08), 5111.856 (5166.10), 5111.86

367

(5166.11), 5111.861 (5166.12), 5111.862

368

(5166.121), 5111.863 (5166.13), 5111.864

369

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

370

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

371

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

372

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

373

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

374

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

375

(5166.303), 5111.884 (5166.304), 5111.885

376

(5166.305), 5111.886 (5166.306), 5111.887

377

(5166.307), 5111.888 (5166.308), 5111.889

378

(5166.309), 5111.8810 (5166.3010), 5111.89

379

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

380

5111.893 (173.547), 5111.894 (173.542), 5111.90

381

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

382

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

383

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

384

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

385

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

386

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

387

(5162.031), 5111.981 (5164.91), 5111.982

388

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

389

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

390

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

391

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

392

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

393

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

394

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

395

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

396

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

397

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

398

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

399

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

400

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

401

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

402

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

403

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

404

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

405

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

406

(5119.18), 5119.072 (5119.181), 5119.08

407

(5119.182), 5119.10 (5119.184), 5119.101

408

(5191.185), 5119.11 (5119.186), 5119.12

409

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

410

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

411

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

412

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

413

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

414

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

415

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

416

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

417

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

418

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

419

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

420

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

421

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

422

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

423

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

424

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

425

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

426

sections 3313.481, 3317.014, 3317.02, 3317.022,

427

3317.0217, 3317.051, 3317.16, 3327.02, 3333.90,

428

3345.81, and 3737.883, and sections 1.611,

429

101.392, 121.483, 122.681, 123.19, 125.27, 149.60,

430

151.50, 173.51, 173.522, 173.523, 173.543,

431

173.545, 173.546, 173.56, 173.60, 191.061, 340.08,

432

511.261, 517.271, 991.041, 1545.23, 2329.192,

433

3301.41, 3301.80, 3302.26, 3310.032, 3310.035,

434

3313.5311, 3313.5312, 3314.042, 3314.082,

435

3314.086, 3314.092, 3317.016, 3317.017, 3317.0213,

436

3317.0214, 3317.161, 3317.40, 3319.031, 3326.112,

437

3327.07, 3328.27, 3333.049, 3333.124, 3333.342,

438

3333.613, 3345.48, 3350.15, 3365.022, 3701.033,

439

3701.5010, 3701.541, 3701.94, 3701.941, 3701.942,

440

3701.943, 3701.944, 3701.95, 3714.074, 3721.072,

441

3772.092, 4143.01, 4143.02, 4143.03, 4143.04,

442

4143.05, 4143.06, 4143.07, 4143.08, 4143.09,

443

4143.99, 4503.524, 4507.021, 4729.542, 4751.042,

444

4751.14, 5101.101, 5101.804, 5119.28, 5119.341,

445

5123.023, 5124.01, 5124.03, 5124.05, 5124.06,

446

5124.07, 5124.071, 5124.072, 5124.08, 5124.081,

447

5124.10, 5124.101, 5124.102, 5124.103, 5124.104,

448

5124.105, 5124.106, 5124.107, 5124.108, 5124.109,

449

5124.152, 5124.153, 5124.154, 5124.191, 5124.192,

450

5124.193, 5124.25, 5124.28, 5124.30, 5124.31,

451

5124.32, 5124.33, 5124.35, 5124.37, 5124.38,

452

5124.40, 5124.41, 5124.42, 5124.43, 5124.44,

453

5124.45, 5124.46, 5124.50, 5124.51, 5124.511,

454

5124.512, 5124.513, 5124.514, 5124.515, 5124.516,

455

5124.517, 5124.52, 5124.521, 5124.522, 5124.523,

456

5124.524, 5124.525, 5124.526, 5124.527, 5124.528,

457

5124.53, 5124.99, 5126.131, 5160.01, 5160.011,

458

5160.02, 5160.021, 5160.03, 5160.04, 5160.05,

459

5160.051, 5160.052, 5160.06, 5160.10, 5160.11,

460

5160.12, 5160.13, 5160.16, 5160.20, 5160.21,

461

5160.22, 5160.23, 5160.30, 5160.31, 5160.36,

462

5160.371, 5160.46, 5160.47, 5160.48, 5160.481,

463

5160.50, 5160.52, 5160.99, 5161.01, 5162.01,

464

5162.02, 5162.021, 5162.022, 5162.05, 5162.06,

465

5162.07, 5162.12, 5162.31, 5162.60, 5162.62,

466

5163.01, 5163.03, 5163.04, 5163.05, 5163.06,

467

5163.061, 5163.07, 5163.08, 5164.01, 5164.03,

468

5164.30, 5164.33, 5164.55, 5164.59, 5164.60,

469

5164.61, 5164.71, 5164.72, 5164.73, 5164.83,

470

5165.02, 5165.072, 5165.082, 5165.102, 5165.103,

471

5165.104, 5165.105, 5165.106, 5165.109, 5165.152,

472

5165.154, 5165.191, 5165.193, 5165.32, 5165.33,

473

5165.41, 5165.42, 5165.43, 5165.44, 5165.45,

474

5165.46, 5165.49, 5165.771, 5166.01, 5166.16,

475

5167.01, 5167.02, 5167.032, 5167.121, 5168.41,

476

5703.75, 5703.76, 5703.90, 5735.013, 5739.081,

477

5910.08, and 5919.342; and to repeal sections

478

122.076, 122.15, 122.151, 122.152, 122.153,

479

122.154, 122.29, 122.97, 123.23, 125.837, 125.838,

480

166.22, 166.28, 173.425, 173.433, 183.28, 184.04,

481

340.022, 340.033, 340.06, 340.14, 1321.461,

482

1513.371, 1531.34, 1547.721, 1547.722, 1547.723,

483

1547.724, 1547.725, 1547.726, 3302.043, 3313.481,

484

3313.482, 3313.4811, 3314.088, 3314.13, 3317.012,

485

3317.014, 3317.018, 3317.02, 3317.022, 3317.029,

486

3317.0217, 3317.051, 3317.052, 3317.053, 3317.11,

487

3317.13, 3317.16, 3317.62, 3317.63, 3317.64,

488

3318.023, 3323.16, 3326.39, 3327.02, 3345.81,

489

3353.02, 3353.03, 3353.04, 3353.09, 3353.15,

490

3353.20, 3383.02, 3383.03, 3383.04, 3383.05,

491

3383.06, 3383.08, 3383.09, 3701.072, 3701.263,

492

3701.343, 3701.90, 3701.901, 3701.902, 3701.903,

493

3701.904, 3701.905, 3701.906, 3701.907, 3721.026,

494

3793.02, 3793.03, 3793.04, 3793.041, 3793.05,

495

3793.06, 3793.061, 3793.08, 3793.09, 3793.19,

496

3793.20, 3793.21, 3793.99, 5101.503, 5101.514,

497

5101.515, 5101.518, 5101.523, 5101.525, 5101.526,

498

5101.528, 5101.529, 5111.012, 5111.014, 5111.015,

499

5111.0110, 5111.0111, 5111.0113, 5111.0115,

500

5111.0120, 5111.0121, 5111.0122, 5111.0123,

501

5111.0124, 5111.0125, 5111.176, 5111.211,

502

5111.236, 5111.65, 5111.70, 5111.701, 5111.702,

503

5111.703, 5111.704, 5111.705, 5111.706, 5111.707,

504

5111.708, 5111.709, 5111.7011, 5111.83, 5111.8710,

505

5111.8811, 5111.913, 5111.942, 5111.946, 5119.011,

506

5119.013, 5119.03, 5119.05, 5119.47, 5119.623,

507

5119.64, 5119.65, 5119.66, 5119.67, 5119.68,

508

5707.05, 5727.41, 5733.35, 5747.211, 5747.33,

509

6101.451, and 6111.029 of the Revised Code; to

510

amend Section 205.10 of Am. Sub. H.B. 51 of the

511

130th General Assembly; to amend Sections 201.80

512

and 509.40 of Sub. H.B. 482 of the 129th General

513

Assembly; to amend Section 4 of Sub. S.B. 171 of

514

the 129th General Assembly, as subsequently

515

amended; to amend Section 105.05 of Am. Sub. H.B.

516

2 of the 128th General Assembly; to repeal Section

517

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

518

General Assembly; to repeal Section 125.10 of Am.

519

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

520

subsequently amended; to repeal Section 153 of Am.

521

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

522

subsequently amended; to amend Sections 203.90.10

523

and 203.90.20 of Sub. S.B. 312 of the 129th

524

General Assembly; to amend the versions of

525

sections 109.57, 2151.011, 2923.126, 5104.012,

526

5104.013, 5104.03, 5104.08, and 5104.32 of the

527

Revised Code that are scheduled to take effect

528

January 1, 2014, to continue the provisions of

529

this act on and after that effective date; to

530

amend the version of section 4507.06 of the

531

Revised Code that is scheduled to take effect

532

January 1, 2017, to continue the provisions of

533

this act on and after that effective date; to

534

amend section 3313.88 of the Revised Code as it

535

results from Section 101.01 of this act for the

536

purpose of adopting new section number 3313.482 on

537

July 1, 2014; to make operating appropriations for

538

the biennium beginning July 1, 2013, and ending

539

June 30, 2015; to provide authorization and

540

conditions for the operation of state programs; to

541

repeal sections 5168.20, 5168.21, 5168.22,

542

5168.23, 5168.24, 5168.25, 5168.26, 5168.27, and

543

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

544

terminate the operation of those sections on that

545

date; and to repeal sections 5168.01, 5168.02,

546

5168.03, 5168.04, 5168.05, 5168.06, 5168.07,

547

5168.08, 5168.09, 5168.10, 5168.11, 5168.12,

548

5168.13, 5168.99, and 5168.991 of the Revised Code

549

on October 16, 2015, to terminate the operation of

550

those sections on that date.

551

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

Section 101.01. That sections 9.03, 9.15, 9.231, 9.239, 9.24,	552
9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41, 107.033,	553
107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746, 109.77,	554
109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02, 113.061,	555
117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03, 121.11,	556
121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	557
122.28, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36,	558
122.657, 122.658, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701,	559
122.76, 122.85, 122.861, 123.01, 123.10, 123.11, 123.201, 123.21,	560
123.27, 124.11, 124.14, 124.141, 124.18, 124.30, 124.341, 124.381,	561
124.57, 125.05, 125.21, 125.212, 125.28, 125.602, 125.603,	562
125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45, 126.46,	563
126.47, 126.48, 127.14, 127.16, 133.06, 140.01, 140.03, 140.05,	564
145.01, 145.012, 145.22, 149.01, 149.43, 151.11, 152.09, 153.692,	565
154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03,	566
156.04, 156.05, 164.27, 166.02, 166.03, 166.04, 166.08, 166.25,	567
169.02, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21, 173.23,	568
173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392, 173.394,	569
173.40, 173.401, 173.402, 173.403, 173.404, 173.42, 173.43,	570
173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	571
173.501, 173.99, 191.01, 191.02, 191.04, 191.06, 305.23, 307.07,	572
307.673, 307.674, 307.86, 317.08, 317.32, 317.321, 317.36, 321.35,	573
321.44, 329.04, 329.051, 329.06, 329.14, 339.02, 339.05, 339.06,	574
339.07, 340.01, 340.011, 340.02, 340.021, 340.03, 340.031,	575
340.032, 340.04, 340.05, 340.07, 340.09, 340.091, 340.10, 340.11,	576
340.12, 340.13, 340.15, 340.16, 341.192, 351.021, 715.691,	577
731.091, 737.41, 742.14, 755.06, 901.21, 901.22, 901.23, 903.11,	578
903.99, 905.06, 909.15, 924.06, 927.54, 955.201, 956.07, 956.18,	579
991.03, 991.04, 991.06, 1321.46, 1337.11, 1347.08, 1501.011,	580
1501.45, 1509.01, 1509.02, 1509.062, 1509.10, 1509.11, 1509.50,	581
1509.73, 1511.02, 1511.022, 1519.05, 1531.06, 1531.17, 1545.071,	582
1547.99, 1551.33, 1551.35, 1555.15, 1711.07, 1724.03, 1739.061,	583
1751.01, 1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60,	584
1923.14, 2101.24, 2108.05, 2113.041, 2113.06, 2117.061, 2117.25,	585
2133.01, 2133.25, 2151.011, 2151.3514, 2151.362, 2151.86, 2152.54,	586
2152.59, 2303.201, 2305.234, 2307.65, 2317.02, 2317.422, 2505.02,	587
2743.02, 2744.05, 2901.13, 2901.30, 2903.33, 2907.22, 2913.40,	588
2913.401, 2919.271, 2921.01, 2921.13, 2921.22, 2921.36, 2921.38,	589
2923.126, 2925.03, 2929.13, 2929.15, 2930.01, 2935.03, 2935.33,	590
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2951.041,	591
2967.22, 2981.12, 3101.051, 3107.083, 3109.15, 3111.04, 3111.72,	592
3119.29, 3119.54, 3121.441, 3121.89, 3121.891, 3121.892, 3121.893,	593
3121.898, 3123.958, 3125.18, 3125.36, 3301.07, 3301.0714,	594
3301.0715, 3301.0723, 3301.15, 3302.01, 3302.03, 3302.22,	595
3304.231, 3307.51, 3309.21, 3310.01, 3310.02, 3310.03, 3310.05,	596
3310.06, 3310.08, 3310.56, 3311.0510, 3311.22, 3311.231, 3311.38,	597
3311.78, 3312.08, 3313.372, 3313.376, 3313.42, 3313.48, 3313.483,	598
3313.484, 3313.488, 3313.4810, 3313.533, 3313.539, 3313.603,	599
3313.62, 3313.64, 3313.646, 3313.65, 3313.714, 3313.715, 3313.83,	600
3313.841, 3313.843, 3313.845, 3313.847, 3313.88, 3313.978,	601
3313.98, 3313.981, 3314.015, 3314.017, 3314.029, 3314.03, 3314.05,	602
3314.072, 3314.074, 3314.08, 3314.083, 3314.084, 3314.087,	603
3314.09, 3314.091, 3314.11, 3314.26, 3315.40, 3315.42, 3316.041,	604
3316.06, 3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,	605
3317.03, 3317.032, 3317.05, 3317.06, 3317.08, 3317.10, 3317.12,	606
3317.14, 3317.141, 3317.18, 3317.19, 3317.20, 3317.50, 3317.51,	607
3318.011, 3318.031, 3318.08, 3318.31, 3318.36, 3318.363, 3319.07,	608
3319.073, 3319.17, 3319.22, 3319.235, 3319.57, 3321.01, 3321.05,	609
3323.021, 3323.03, 3323.04, 3323.07, 3323.08, 3323.09, 3323.091,	610
3323.13, 3323.14, 3323.141, 3323.142, 3326.11, 3326.20, 3326.31,	611
3326.32, 3326.33, 3326.34, 3326.38, 3326.45, 3327.01, 3333.041,	612
3333.82, 3335.35, 3335.36, 3335.37, 3335.38, 3345.05, 3345.12,	613
3353.01, 3353.06, 3365.01, 3365.02, 3365.07, 3365.12, 3383.01,	614
3383.07, 3501.01, 3599.45, 3701.023, 3701.024, 3701.027, 3701.13,	615
3701.132, 3701.243, 3701.261, 3701.262, 3701.264, 3701.342,	616
3701.344, 3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83,	617
3701.881, 3701.921, 3701.922, 3701.99, 3702.51, 3702.521, 3702.55,	618
3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01,	619
3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.07,	620
3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02, 3721.022,	621
3721.024, 3721.027, 3721.042, 3721.071, 3721.08, 3721.10, 3721.12,	622
3721.121, 3721.13, 3721.14, 3721.15, 3721.16, 3721.17, 3721.19,	623
3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.52, 3721.53,	624
3721.531, 3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56,	625
3721.57, 3721.58, 3727.01, 3734.28, 3734.57, 3734.901, 3734.907,	626
3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3742.30, 3742.31,	627
3742.32, 3742.51, 3745.11, 3745.113, 3769.08, 3769.088, 3770.02,	628
3770.06, 3772.03, 3772.062, 3772.091, 3781.112, 3793.01, 3793.031,	629
3793.032, 3793.051, 3793.10, 3793.11, 3793.12, 3793.13, 3793.14,	630
3793.15, 3793.16, 3793.18, 3793.22, 3793.31, 3793.32, 3793.33,	631
3793.34, 3793.35, 3793.36, 3793.37, 3793.38, 3793.39, 3798.01,	632
3901.3814, 3903.14, 3905.40, 3905.483, 3905.862, 3916.06, 3923.24,	633
3923.241, 3923.281, 3923.443, 3923.49, 3923.50, 3923.601, 3923.83,	634
3924.41, 3924.42, 3963.01, 3963.04, 4104.33, 4112.01, 4112.12,	635
4112.31, 4115.034, 4115.32, 4117.06, 4117.14, 4117.15, 4121.50,	636
4123.32, 4131.03, 4141.162, 4301.10, 4301.30, 4301.43, 4305.131,	637
4501.21, 4503.62, 4506.07, 4507.03, 4507.06, 4507.51, 4510.038,	638
4510.45, 4511.19, 4511.191, 4701.03, 4707.02, 4707.073, 4707.10,	639
4709.11, 4715.36, 4715.372, 4717.03, 4717.06, 4717.07, 4717.10,	640
4717.14, 4717.15, 4719.01, 4723.18, 4723.35, 4723.481, 4725.03,	641
4725.16, 4729.51, 4729.54, 4729.69, 4729.80, 4729.81, 4729.99,	642
4730.411, 4731.151, 4731.23, 4731.65, 4731.71, 4734.41, 4745.01,	643
4751.01, 4751.02, 4751.03, 4751.04, 4751.041, 4751.05, 4751.06,	644
4751.07, 4751.08, 4751.10, 4751.11, 4751.12, 4751.13, 4753.071,	645
4755.481, 4758.10, 4758.11, 4761.01, 4906.20, 5101.01, 5101.11,	646
5101.141, 5101.16, 5101.162, 5101.18, 5101.181, 5101.183,	647
5101.184, 5101.26, 5101.271, 5101.272, 5101.273, 5101.30, 5101.31,	648
5101.34, 5101.35, 5101.36, 5101.46, 5101.461, 5101.47, 5101.49,	649
5101.50, 5101.501, 5101.502, 5101.51, 5101.511, 5101.512,	650
5101.513, 5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,	651
5101.521, 5101.522, 5101.524, 5101.527, 5101.571, 5101.572,	652
5101.573, 5101.574, 5101.575, 5101.58, 5101.59, 5101.591, 5101.60,	653
5101.61, 5101.80, 5101.801, 5103.02, 5103.0323, 5103.13, 5103.42,	654
5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08, 5104.11,	655
5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20, 5107.24,	656
5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013, 5111.016,	657
5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117, 5111.0118,	658
5111.0119, 5111.02, 5111.021, 5111.022, 5111.023, 5111.024,	659
5111.025, 5111.027, 5111.028, 5111.029, 5111.0210, 5111.0211,	660
5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03, 5111.031,	661
5111.032, 5111.033, 5111.034, 5111.035, 5111.04, 5111.042,	662
5111.05, 5111.051, 5111.052, 5111.053, 5111.054, 5111.06,	663
5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	664
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	665
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	666
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	667
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	668
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	669
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	670
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	671
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	672
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	673
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	674
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	675
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	676
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	677
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	678
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	679
5111.37, 5111.38, 5111.39, 5111.41, 5111.411, 5111.42, 5111.43,	680
5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50,	681
5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56,	682
5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.63,	683
5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	684
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	685
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	686
5111.688, 5111.689, 5111.71, 5111.711, 5111.712, 5111.713,	687
5111.714, 5111.715, 5111.84, 5111.85, 5111.851, 5111.852,	688
5111.853, 5111.854, 5111.855, 5111.856, 5111.86, 5111.861,	689
5111.862, 5111.863, 5111.864, 5111.865, 5111.87, 5111.871,	690
5111.872, 5111.873, 5111.874, 5111.875, 5111.876, 5111.877,	691
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.885,	692
5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,	693
5111.891, 5111.892, 5111.894, 5111.90, 5111.91, 5111.911,	694
5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94, 5111.941,	695
5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98, 5111.981,	696
5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06,	697
5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17, 5112.18,	698
5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33, 5112.331,	699
5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38, 5112.39,	700
5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46,	701
5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10, 5119.01,	702
5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07, 5119.071,	703
5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12, 5119.14,	704
5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201, 5119.202,	705
5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27, 5119.30,	706
5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42, 5119.43,	707
5119.44, 5119.46, 5119.51, 5119.52, 5119.53, 5119.57, 5119.60,	708
5119.61, 5119.611, 5119.612, 5119.613, 5119.62, 5119.621,	709
5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99, 5120.07,	710
5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	711
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	712
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	713
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	714
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	715
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	716
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	717
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	718
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	719
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	720
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.05,	721
5126.051, 5126.054, 5126.055, 5126.24, 5139.03, 5139.04, 5139.08,	722
5139.34, 5145.162, 5145.18, 5153.16, 5302.221, 5309.082, 5505.12,	723
5507.46, 5511.03, 5701.13, 5703.052, 5703.059, 5703.21, 5703.37,	724
5703.82, 5705.19, 5705.221, 5705.412, 5709.17, 5709.212, 5709.75,	725
5725.18, 5726.20, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10,	726
5729.03, 5731.39, 5733.01, 5733.06, 5733.11, 5733.98, 5735.01,	727
5735.012, 5735.12, 5735.34, 5739.01, 5739.09, 5739.12, 5739.13,	728
5741.01, 5741.12, 5741.17, 5743.081, 5743.15, 5743.56, 5745.12,	729
5747.01, 5747.02, 5747.022, 5747.025, 5747.08, 5747.10, 5747.11,	730
5747.113, 5747.122, 5747.13, 5747.21, 5747.47, 5747.501, 5747.98,	731
5749.02, 5749.06, 5749.07, 5749.17, 5751.01, 5751.014, 5751.07,	732
5751.081, 5751.09, 5751.20, 5751.21, 5753.01, 5753.03, 5753.07,	733
5815.28, 5905.02, 5910.02, 5910.07, 5919.34, 5924.502, 5924.503,	734
5924.504, 5924.506, 6109.21, and 6111.037 be amended; sections	735
173.394 (173.38), 173.40 (173.52), 173.401 (173.521), 173.402	736
(173.523), 173.403 (173.53), 173.404 (173.55), 3313.847 (3317.30),	737
3333.90 (3333.59), 3353.01 (3333.89), 3353.05 (3333.91), 3353.06	738
(3333.92), 3353.07 (3333.93), 3353.11 (3333.94), 3383.01 (123.28),	739
3383.07 (123.281), 3721.50 (5168.40), 3721.51 (5168.42), 3721.511	740
(5168.43), 3721.512 (5168.44), 3721.513 (5168.45), 3721.52	741
(5168.46), 3721.53 (5168.47), 3721.531 (5168.48), 3721.532	742
(5168.49), 3721.533 (5168.50), 3721.54 (5168.51), 3721.541	743
(5168.52), 3721.55 (5168.53), 3721.56 (5168.54), 3721.57	744
(5168.55), 3721.58 (5168.56), 3737.883 (3737.884), 3793.01	745
(5119.01), 3793.031 (5119.201), 3793.032 (5119.47), 3793.051	746
(5119.161), 3793.10 (5119.38), 3793.11 (5119.39), 3793.12	747
(5119.61), 3793.13 (5119.27), 3793.14 (5119.26), 3793.15	748
(5119.17), 3793.16 (5119.188), 3793.18 (5119.30), 3793.22	749
(5119.49), 3793.31 (5119.90), 3793.32 (5119.91), 3793.33	750
(5119.92), 3793.34 (5119.93), 3793.35 (5119.94), 3793.36	751
(5119.95), 3793.37 (5119.96), 3793.38 (5119.97), 3793.39	752
(5119.98), 5101.271 (5160.45), 5101.31 (5164.756), 5101.50	753
(5161.05), 5101.501 (5161.06), 5101.502 (5161.02), 5101.51	754
(5161.10), 5101.511 (5161.11), 5101.5110 (5161.35), 5101.512	755
(5161.12), 5101.513 (5161.30), 5101.516 (5161.22), 5101.517	756
(5161.24), 5101.519 (5161.27), 5101.52 (5161.15), 5101.521	757
(5161.16), 5101.522 (5161.17), 5101.524 (5161.20), 5101.527	758
(5161.25), 5101.571 (5160.35), 5101.572 (5160.39), 5101.573	759
(5160.40), 5101.574 (5160.41), 5101.575 (5160.42), 5101.58	760
(5160.37), 5101.59 (5160.38), 5101.591 (5160.43), 5111.01	761
(5162.03), 5111.011 (5163.02), 5111.013 (5163.40), 5111.016	762
(5164.26), 5111.018 (5164.07), 5111.0112 (5162.20), 5111.0114	763
(5164.754), 5111.0116 (5163.30), 5111.0117 (5163.31), 5111.0118	764
(5163.32), 5111.0119 (5163.45), 5111.02 (5164.02), 5111.021	765
(5164.70), 5111.022 (5164.56), 5111.023 (5164.15), 5111.024	766
(5164.08), 5111.025 (5164.76), 5111.027 (5164.20), 5111.028	767
(5164.32), 5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211	768
(5165.48), 5111.0212 (5164.80), 5111.0213 (5164.77), 5111.0214	769
(5164.82), 5111.0215 (5164.93), 5111.03 (5164.35), 5111.031	770
(5164.37), 5111.032 (5164.34), 5111.033 (5164.342), 5111.034	771
(5164.341), 5111.035 (5164.36), 5111.04 (5164.05), 5111.042	772
(5164.25), 5111.05 (5164.45), 5111.051 (5164.48), 5111.052	773
(5164.46), 5111.053 (5164.301), 5111.054 (5164.47), 5111.06	774
(5164.38), 5111.061 (5164.57), 5111.062 (5164.39), 5111.063	775
(5164.31), 5111.07 (5164.752), 5111.071 (5164.753), 5111.08	776
(5164.759), 5111.081 (5164.755), 5111.082 (5164.751), 5111.083	777
(5164.757), 5111.084 (5164.7510), 5111.085 (5164.758), 5111.086	778
(5164.75), 5111.09 (5162.13), 5111.091 (5162.131), 5111.092	779
(5162.132), 5111.10 (5162.10), 5111.101 (5162.15), 5111.102	780
(5162.04), 5111.11 (5162.21), 5111.111 (5162.211), 5111.112	781
(5162.212), 5111.113 (5162.22), 5111.114 (5163.33), 5111.12	782
(5162.23), 5111.121 (5162.24), 5111.13 (5164.85), 5111.14	783
(5164.88), 5111.141 (5164.89), 5111.15 (5163.20), 5111.151	784
(5163.21), 5111.16 (5167.03), 5111.161 (5167.031), 5111.162	785
(5167.20), 5111.163 (5167.201), 5111.17 (5167.10), 5111.1710	786
(5167.14), 5111.171 (5167.31), 5111.1711 (5167.30), 5111.172	787
(5167.12), 5111.173 (5167.40), 5111.174 (5167.41), 5111.175	788
(5167.26), 5111.177 (5167.11), 5111.178 (5167.25), 5111.179	789
(5167.13), 5111.18 (5164.86), 5111.181 (5163.22), 5111.19	790
(5164.74), 5111.191 (5164.741), 5111.20 (5165.01), 5111.201	791
(5165.011), 5111.202 (5165.03), 5111.203 (5165.031), 5111.204	792
(5165.04), 5111.21 (5165.06), 5111.212 (5165.35), 5111.22	793
(5165.07), 5111.221 (5165.37), 5111.222 (5165.15), 5111.223	794
(5165.071), 5111.224 (5124.15), 5111.225 (5165.155), 5111.226	795
(5124.02), 5111.23 (5124.19), 5111.231 (5165.19), 5111.232	796
(5165.192), 5111.233 (5124.194), 5111.235 (5124.23), 5111.24	797
(5165.16), 5111.241 (5124.21), 5111.242 (5165.21), 5111.244	798
(5165.25), 5111.245 (5165.26), 5111.246 (5165.23), 5111.25	799
(5165.17), 5111.251 (5124.17), 5111.254 (5165.151), 5111.255	800
(5124.151), 5111.257 (5165.28), 5111.258 (5165.153), 5111.259	801
(5165.156), 5111.26 (5165.10), 5111.261 (5165.107), 5111.262	802
(5165.47), 5111.263 (5124.29), 5111.264 (5165.30), 5111.265	803
(5165.29), 5111.266 (5165.101), 5111.27 (5165.108), 5111.271	804
(5165.1010), 5111.28 (5165.40), 5111.29 (5165.38), 5111.291	805
(5124.155), 5111.30 (5165.073), 5111.31 (5165.08), 5111.32	806
(5165.081), 5111.33 (5124.34), 5111.331 (5165.34), 5111.35	807
(5165.60), 5111.36 (5165.61), 5111.37 (5165.62), 5111.38	808
(5165.63), 5111.39 (5165.64), 5111.40 (5165.65), 5111.41	809
(5165.66), 5111.411 (5165.67), 5111.42 (5165.68), 5111.43	810
(5165.69), 5111.44 (5165.70), 5111.45 (5165.71), 5111.46	811
(5165.72), 5111.47 (5165.73), 5111.48 (5165.74), 5111.49	812
(5165.75), 5111.50 (5165.76), 5111.51 (5165.77), 5111.511	813
(5165.78), 5111.52 (5165.79), 5111.53 (5165.80), 5111.54	814
(5165.81), 5111.55 (5165.82), 5111.56 (5165.83), 5111.57	815
(5165.84), 5111.58 (5165.85), 5111.59 (5165.86), 5111.60	816
(5165.87), 5111.61 (5165.88), 5111.62 (5162.66), 5111.63	817
(5165.89), 5111.66 (5165.50), 5111.661 (5165.501), 5111.67	818
(5165.51), 5111.671 (5165.511), 5111.672 (5165.512), 5111.673	819
(5165.513), 5111.674 (5165.514), 5111.675 (5165.515), 5111.676	820
(5165.516), 5111.677 (5165.517), 5111.68 (5165.52), 5111.681	821
(5165.521), 5111.682 (5165.522), 5111.683 (5165.523), 5111.684	822
(5165.524), 5111.685 (5165.525), 5111.686 (5165.526), 5111.687	823
(5165.527), 5111.688 (5165.528), 5111.689 (5165.53), 5111.71	824
(5162.36), 5111.711 (5162.361), 5111.712 (5162.362), 5111.713	825
(5162.363), 5111.714 (5162.64), 5111.715 (5162.364), 5111.84	826
(5166.03), 5111.85 (5166.02), 5111.851 (5166.04), 5111.852	827
(5166.05), 5111.853 (5166.06), 5111.854 (5166.07), 5111.855	828
(5166.08), 5111.856 (5166.10), 5111.86 (5166.11), 5111.861	829
(5166.12), 5111.862 (5166.121), 5111.863 (5166.13), 5111.864	830
(5166.14), 5111.865 (5166.141), 5111.87 (5166.20), 5111.871	831
(5166.21), 5111.872 (5166.22), 5111.873 (5166.23), 5111.874	832
(5124.60), 5111.875 (5124.61), 5111.876 (5124.62), 5111.877	833
(5124.63), 5111.878 (5124.64), 5111.879 (5124.65), 5111.88	834
(5166.30), 5111.881 (5166.301), 5111.882 (5166.302), 5111.883	835
(5166.303), 5111.884 (5166.304), 5111.885 (5166.305), 5111.886	836
(5166.306), 5111.887 (5166.307), 5111.888 (5166.308), 5111.889	837
(5166.309), 5111.8810 (5166.3010), 5111.89 (173.54), 5111.891	838
(173.541), 5111.892 (173.544), 5111.893 (173.547), 5111.894	839
(173.542), 5111.90 (5162.32), 5111.91 (5162.35), 5111.911	840
(5162.37), 5111.912 (5162.371), 5111.914 (5164.58), 5111.915	841
(5162.11), 5111.92 (5162.40), 5111.93 (5162.41), 5111.94	842
(5162.54), 5111.941 (5162.52), 5111.943 (5162.50), 5111.944	843
(5162.58), 5111.945 (5162.56), 5111.96 (5164.90), 5111.97	844
(5166.35), 5111.98 (5162.031), 5111.981 (5164.91), 5111.982	845
(5167.21), 5111.99 (5165.99), 5112.01 (5168.01), 5112.03	846
(5168.02), 5112.04 (5168.05), 5112.05 (5168.03), 5112.06	847
(5168.06), 5112.07 (5168.07), 5112.08 (5168.09), 5112.09	848
(5168.08), 5112.10 (5168.04), 5112.11 (5168.10), 5112.17	849
(5168.14), 5112.18 (5168.11), 5112.19 (5168.12), 5112.21	850
(5168.13), 5112.30 (5168.60), 5112.31 (5168.61), 5112.32	851
(5168.62), 5112.33 (5168.63), 5112.331 (5168.64), 5112.34	852
(5168.65), 5112.341 (5168.66), 5112.35 (5168.67), 5112.37	853
(5168.68), 5112.371 (5168.69), 5112.38 (5168.70), 5112.39	854
(5168.71), 5112.40 (5168.20), 5112.41 (5168.21), 5112.42	855
(5168.22), 5112.43 (5168.23), 5112.44 (5168.24), 5112.45	856
(5168.25), 5112.46 (5168.26), 5112.47 (5168.27), 5112.48	857
(5168.28), 5112.99 (5168.99), 5112.991 (5168.991), 5119.01	858
(5119.10), 5119.012 (5119.141), 5119.02 (5119.14), 5119.06	859
(5119.21), 5119.061 (5119.40), 5119.07 (5119.11), 5119.071	860
(5119.18), 5119.072 (5119.181), 5119.08 (5119.182), 5119.10	861
(5119.184), 5119.101 (5191.185), 5119.11 (5119.186), 5119.12	862
(5119.187), 5119.14 (5119.08), 5119.16 (5119.44), 5119.161	863
(5119.45), 5119.17 (5119.51), 5119.18 (5119.46), 5119.20	864
(5119.33), 5119.201 (5119.331), 5119.202 (5119.332), 5119.21	865
(5119.333), 5119.22 (5119.34), 5119.221 (5119.342), 5119.23	866
(5119.31), 5119.24 (5119.15), 5119.27 (5119.05), 5119.30	867
(5119.09), 5119.33 (5119.54), 5119.34 (5119.50), 5119.35	868
(5119.56), 5119.351 (5119.55), 5119.36 (5119.52), 5119.42	869
(5119.07), 5119.43 (5119.06), 5119.44 (5119.051), 5119.46	870
(5119.60), 5119.50 (5119.70), 5119.51 (5119.71), 5119.52	871
(5119.72), 5119.53 (5119.73), 5119.57 (5119.29), 5119.60	872
(5119.32), 5119.61 (5119.22), 5119.611 (5119.36), 5119.612	873
(5119.37), 5119.613 (5119.361), 5119.62 (5119.23), 5119.621	874
(5119.24), 5119.622 (5119.25), 5119.63 (5119.42), 5119.631	875
(5119.421), 5119.69 (5119.41), and 5119.691 (5119.411) be amended	876
for the purpose of adopting new section numbers as indicated in	877
parentheses; new sections 3313.481, 3317.014, 3317.02, 3317.022,	878
3317.0217, 3317.051, 3317.16, 3327.02, 3333.90, 3345.81, and	879
3737.883 and sections 1.611, 101.392, 121.483, 122.681, 123.19,	880
125.27, 149.60, 151.50, 173.51, 173.522, 173.523, 173.543,	881
173.545, 173.546, 173.56, 173.60, 191.061, 340.08, 511.261,	882
517.271, 991.041, 1545.23, 2329.192, 3301.41, 3301.80, 3302.26,	883
3310.032, 3310.035, 3313.5311, 3313.5312, 3314.042, 3314.082,	884
3314.086, 3314.092, 3317.016, 3317.017, 3317.0213, 3317.0214,	885
3317.161, 3317.40, 3319.031, 3326.112, 3327.07, 3328.27, 3333.049,	886
3333.124, 3333.342, 3333.613, 3345.48, 3350.15, 3365.022,	887
3701.033, 3701.5010, 3701.541, 3701.94, 3701.941, 3701.942,	888
3701.943, 3701.944, 3701.95, 3714.074, 3721.072, 3772.092,	889
4143.01, 4143.02, 4143.03, 4143.04, 4143.05, 4143.06, 4143.07,	890
4143.08, 4143.09, 4143.99, 4503.524, 4507.021, 4729.542, 4751.042,	891
4751.14, 5101.101, 5101.804, 5119.28, 5119.341, 5123.023, 5124.01,	892
5124.03, 5124.05, 5124.06, 5124.07, 5124.071, 5124.072, 5124.08,	893
5124.081, 5124.10, 5124.101, 5124.102, 5124.103, 5124.104,	894
5124.105, 5124.106, 5124.107, 5124.108, 5124.109, 5124.152,	895
5124.153, 5124.154, 5124.191, 5124.192, 5124.193, 5124.25,	896
5124.28, 5124.30, 5124.31, 5124.32, 5124.33, 5124.35, 5124.37,	897
5124.38, 5124.40, 5124.41, 5124.42, 5124.43, 5124.44, 5124.45,	898
5124.46, 5124.50, 5124.51, 5124.511, 5124.512, 5124.513, 5124.514,	899
5124.515, 5124.516, 5124.517, 5124.52, 5124.521, 5124.522,	900
5124.523, 5124.524, 5124.525, 5124.526, 5124.527, 5124.528,	901
5124.53, 5124.99, 5126.131, 5160.01, 5160.011, 5160.02, 5160.021,	902
5160.03, 5160.04, 5160.05, 5160.051, 5160.052, 5160.06, 5160.10,	903
5160.11, 5160.12, 5160.13, 5160.16, 5160.20, 5160.21, 5160.22,	904
5160.23, 5160.30, 5160.31, 5160.36, 5160.371, 5160.46, 5160.47,	905
5160.48, 5160.481, 5160.50, 5160.52, 5160.99, 5161.01, 5162.01,	906
5162.02, 5162.021, 5162.022, 5162.05, 5162.06, 5162.07, 5162.12,	907
5162.31, 5162.60, 5162.62, 5163.01, 5163.03, 5163.04, 5163.05,	908
5163.06, 5163.061, 5163.07, 5163.08, 5164.01, 5164.03, 5164.30,	909
5164.33, 5164.55, 5164.59, 5164.60, 5164.61, 5164.71, 5164.72,	910
5164.73, 5164.83, 5165.02, 5165.072, 5165.082, 5165.102, 5165.103,	911
5165.104, 5165.105, 5165.106, 5165.109, 5165.152, 5165.154,	912
5165.191, 5165.193, 5165.32, 5165.33, 5165.41, 5165.42, 5165.43,	913
5165.44, 5165.45, 5165.46, 5165.49, 5165.771, 5166.01, 5166.16,	914
5167.01, 5167.02, 5167.032, 5167.121, 5168.41, 5703.75, 5703.76,	915
5703.90, 5735.013, 5739.081, 5910.08, and 5919.342 of the Revised	916
Code be enacted to read as follows:	917

Sec. 1.611. As used in the Revised Code, "OSU extension"	918
means the cooperative extension service that was established by	919
the "Smith-Lever Act," 38 Stat. 372 (1914), 7 U.S.C. 341 et seq.,	920
and is administered in this state by the Ohio state university.	921

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

922

(1) "Political subdivision" means any body corporate and	923
politic, except a municipal corporation that has adopted a charter	924
under Section 7 of Article XVIII, Ohio Constitution, and except a	925
county that has adopted a charter under Sections 3 and 4 of	926
Article X, Ohio Constitution, to which both of the following	927
apply:	928

(a) It is responsible for governmental activities only in a	929
geographic area smaller than the state.	930

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

931

(2) "Cigarettes" and "tobacco product" have the same meanings	932
as in section 5743.01 of the Revised Code.	933

(3) "Transaction" has the same meaning as in section 1315.51	934
of the Revised Code.	935

(4) "Campaign committee," "campaign fund," "candidate,"	936
"legislative campaign fund," "political action committee,"	937
"political committee," "political party," and "separate segregated	938
fund" have the same meanings as in section 3517.01 of the Revised	939
Code.	940

(B) Except as otherwise provided in division (C) of this	941
section, the governing body of a political subdivision may use	942
public funds to publish and distribute newsletters, or to use any	943
other means, to communicate information about the plans, policies,	944
and operations of the political subdivision to members of the	945
public within the political subdivision and to other persons who	946
may be affected by the political subdivision.	947

(C) Except as otherwise provided in division (A)(7) of	948
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	949
Revised Code, no governing body of a political subdivision shall	950
use public funds to do any of the following:	951

(1) Publish, distribute, or otherwise communicate information	952
that does any of the following:	953

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

954

(b) Promotes alcoholic beverages, cigarettes or other tobacco	955
products, or any illegal product, service, or activity;	956

(c) Promotes illegal discrimination on the basis of race,	957
color, religion, national origin, handicap, age, or ancestry;	958

(d) Supports or opposes any labor organization or any action	959
by, on behalf of, or against any labor organization;	960

(e) Supports or opposes the nomination or election of a	961
candidate for public office, the investigation, prosecution, or	962
recall of a public official, or the passage of a levy or bond	963
issue.	964

(2) Compensate any employee of the political subdivision for	965
time spent on any activity to influence the outcome of an election	966
for any of the purposes described in division (C)(1)(e) of this	967
section. Division (C)(2) of this section does not prohibit the use	968
of public funds to compensate an employee of a political	969
subdivision for attending a public meeting to present information	970
about the political subdivision's finances, activities, and	971
governmental actions in a manner that is not designed to influence	972
the outcome of an election or the passage of a levy or bond issue,	973
even though the election, levy, or bond issue is discussed or	974
debated at the meeting.	975

(D) Except as otherwise provided in division (A)(7) of	976
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	977
Revised Code or in division (E) of this section, no person shall	978
knowingly conduct a direct or indirect transaction of public funds	979
to the benefit of any of the following:	980

(1) A campaign committee;

981

(2) A political action committee;

982

(3) A legislative campaign fund;

983

(4) A political party;

984

(5) A campaign fund;

985

(6) A political committee;

986

(7) A separate segregated fund;

987

(8) A candidate.

988

(E) Division (D) of this section does not prohibit the	989
utilization of any person's own time to speak in support of or in	990
opposition to any candidate, recall, referendum, levy, or bond	991
issue unless prohibited by any other section of the Revised Code.	992

(F) Nothing in this section prohibits or restricts any	993
political subdivision from sponsoring, participating in, or doing	994
any of the following:	995

(1) Charitable or public service advertising that is not	996
commercial in nature;	997

(2) Advertising of exhibitions, performances, programs,	998
products, or services that are provided by employees of a	999
political subdivision or are provided at or through premises owned	1000
or operated by a political subdivision;	1001

(3) Licensing an interest in a name or mark that is owned or	1002
controlled by the political subdivision.	1003

(G) Whoever violates division (D) of this section shall be	1004
punished as provided in section 3599.40 of the Revised Code.	1005

Sec. 9.15. When the body of a dead person is found in a	1006
township or municipal corporation, and such person was not an	1007
inmate of a correctional, benevolent, or charitable institution of	1008
this state, and the body is not claimed by any person for private	1009
interment or cremation at the person's own expense, or delivered	1010
for the purpose of medical or surgical study or dissection in	1011
accordance with section 1713.34 of the Revised Code, it shall be	1012
disposed of as follows:	1013

(A) If the person was a legal resident of the county, the	1014
proper officers of the township or municipal corporation in which	1015
the person's body was found shall cause it to be buried or	1016
cremated at the expense of the township or municipal corporation	1017
in which the person had a legal residence at the time of death.	1018

(B) If the person had a legal residence in any other county	1019
of the state at the time of death, the superintendent of the	1020
county home of the county in which such body was found shall cause	1021
it to be buried or cremated at the expense of the township or	1022
municipal corporation in which the person had a legal residence at	1023
the time of death.	1024

(C) If the person was an inmate of a correctional institution	1025
of the county or a patient or resident of a benevolent institution	1026
of the county, the person had no legal residence in the state, or	1027
the person's legal residence is unknown, the superintendent shall	1028
cause the person to be buried or cremated at the expense of the	1029
county.	1030

Such officials shall provide, at the grave of the person or,	1031
if the person's cremated remains are buried, at the grave of the	1032
person's cremated remains, a metal, stone, or concrete marker on	1033
which the person's name and age, if known, and date of death shall	1034
be inscribed.	1035

A political subdivision is not relieved of its duty to bury	1036
or cremate a person at its expense under this section when the	1037
body is claimed by an indigent person. As used in this section,	1038
"indigent person" means a person whose income does not exceed one	1039
hundred fifty per cent of the federal poverty line, as revised	1040
annually by the United States department of health and human	1041
services in accordance with section 673(2) of the "Omnibus Budget	1042
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	1043
amended, for a family size equal to the size of the person's	1044
family.	1045

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1046
this section, a governmental entity shall not disburse money	1047
totaling twenty-five thousand dollars or more to any person for	1048
the provision of services for the primary benefit of individuals	1049
or the public and not for the primary benefit of a governmental	1050
entity or the employees of a governmental entity, unless the	1051
contracting authority of the governmental entity first enters into	1052
a written contract with the person that is signed by the person or	1053
by an officer or agent of the person authorized to legally bind	1054
the person and that embodies all of the requirements and	1055
conditions set forth in sections 9.23 to 9.236 of the Revised	1056
Code. If the disbursement of money occurs over the course of a	1057
governmental entity's fiscal year, rather than in a lump sum, the	1058
contracting authority of the governmental entity shall enter into	1059
the written contract with the person at the point during the	1060
governmental entity's fiscal year that at least seventy-five	1061
thousand dollars has been disbursed by the governmental entity to	1062
the person. Thereafter, the contracting authority of the	1063
governmental entity shall enter into the written contract with the	1064
person at the beginning of the governmental entity's fiscal year,	1065
if, during the immediately preceding fiscal year, the governmental	1066
entity disbursed to that person an aggregate amount totaling at	1067
least seventy-five thousand dollars.	1068

(2) If the money referred to in division (A)(1) of this	1069
section is disbursed by or through more than one state agency to	1070
the person for the provision of services to the same population,	1071
the contracting authorities of those agencies shall determine	1072
which one of them will enter into the written contract with the	1073
person.	1074

(3) The requirements and conditions set forth in divisions	1075
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1076
and (B) of section 9.234, divisions (A)(2) and (B) of section	1077
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1078
apply with respect to the following:	1079

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

1080

(i) The amount received for the services is a set fee for	1081
each time the services are provided, is determined in accordance	1082
with a fixed rate per unit of time or per service, or is a	1083
capitated rate, and the fee or rate is established by competitive	1084
bidding or by a market rate survey of similar services provided in	1085
a defined market area. The market rate survey may be one conducted	1086
by or on behalf of the governmental entity or an independent	1087
survey accepted by the governmental entity as statistically valid	1088
and reliable.	1089

(ii) The services are provided in accordance with standards	1090
established by state or federal law, or by rules or regulations	1091
adopted thereunder, for their delivery, which standards are	1092
enforced by the federal government, a governmental entity, or an	1093
accrediting organization recognized by the federal government or a	1094
governmental entity.	1095

(iii) Payment for the services is made after the services are	1096
delivered and upon submission to the governmental entity of an	1097
invoice or other claim for payment as required by any applicable	1098
local, state, or federal law or, if no such law applies, by the	1099
terms of the contract.	1100

(b) Contracts under which the services are reimbursed through	1101
or in a manner consistent with a federal program that meets all of	1102
the following requirements:	1103

(i) The program calculates the reimbursement rate on the	1104
basis of the previous year's experience or in accordance with an	1105
alternative method set forth in rules adopted by the Ohio	1106
department of job and family services.	1107

(ii) The reimbursement rate is derived from a breakdown of	1108
direct and indirect costs.	1109

(iii) The program's guidelines describe types of expenditures	1110
that are allowable and not allowable under the program and	1111
delineate which costs are acceptable as direct costs for purposes	1112
of calculating the reimbursement rate.	1113

(iv) The program includes a uniform cost reporting system	1114
with specific audit requirements.	1115

(c) Contracts under which the services are reimbursed through	1116
or in a manner consistent with a federal program that calculates	1117
the reimbursement rate on a fee for service basis in compliance	1118
with United States office of management and budget Circular A-87,	1119
as revised May 10, 2004.	1120

(d) Contracts for services that are paid pursuant to the	1121
earmarking of an appropriation made by the general assembly for	1122
that purpose.	1123

(B) Division (A) of this section does not apply if the money	1124
is disbursed to a person pursuant to a contract with the United	1125
States or a governmental entity under any of the following	1126
circumstances:	1127

(1) The person receives the money directly or indirectly from	1128
the United States, and no governmental entity exercises any	1129
oversight or control over the use of the money.	1130

(2) The person receives the money solely in return for the	1131
performance of one or more of the following types of services:	1132

(a) Medical, therapeutic, or other health-related services	1133
provided by a person if the amount received is a set fee for each	1134
time the person provides the services, is determined in accordance	1135
with a fixed rate per unit of time, or is a capitated rate, and	1136
the fee or rate is reasonable and customary in the person's trade	1137
or profession;	1138

(b) Medicaid-funded services, including administrative and	1139
management services, provided pursuant to a contract or medicaid	1140
provider agreement that meets the requirements of the medicaid	1141
program ~~established under Chapter 5111. of the Revised Code~~.	1142

(c) Services, other than administrative or management	1143
services or any of the services described in division (B)(2)(a) or	1144
(b) of this section, that are commonly purchased by the public at	1145
an hourly rate or at a set fee for each time the services are	1146
provided, unless the services are performed for the benefit of	1147
children, persons who are eligible for the services by reason of	1148
advanced age, medical condition, or financial need, or persons who	1149
are confined in a detention facility as defined in section 2921.01	1150
of the Revised Code, and the services are intended to help promote	1151
the health, safety, or welfare of those children or persons;	1152

(d) Educational services provided by a school to children	1153
eligible to attend that school. For purposes of division (B)(2)(d)	1154
of this section, "school" means any school operated by a school	1155
district board of education, any community school established	1156
under Chapter 3314. of the Revised Code, or any nonpublic school	1157
for which the state board of education prescribes minimum	1158
education standards under section 3301.07 of the Revised Code.	1159

(e) Services provided by a foster home as defined in section	1160
5103.02 of the Revised Code;	1161

(f) "Routine business services other than administrative or	1162
management services," as that term is defined by the attorney	1163
general by rule adopted in accordance with Chapter 119. of the	1164
Revised Code;	1165

(g) Services to protect the environment or promote	1166
environmental education that are provided by a nonprofit entity or	1167
services to protect the environment that are funded with federal	1168
grants or revolving loan funds and administered in accordance with	1169
federal law.	1170

(3) The person receives the money solely in return for the	1171
performance of services intended to help preserve public health or	1172
safety under circumstances requiring immediate action as a result	1173
of a natural or man-made emergency.	1174

(C) With respect to an unincorporated nonprofit association,	1175
corporation, or organization established for the purpose of	1176
providing educational, technical, consulting, training, financial,	1177
or other services to its members in exchange for membership dues	1178
and other fees, any of the services provided to a member that is a	1179
governmental entity shall, for purposes of this section, be	1180
considered services "for the primary benefit of a governmental	1181
entity or the employees of a governmental entity."	1182

Sec. 9.239. (A) There is hereby created the government	1183
contracting advisory council. The attorney general and auditor of	1184
state shall consult with the council on the performance of their	1185
rule-making functions under sections 9.237 and 9.238 of the	1186
Revised Code and shall consider any recommendations of the	1187
council. The medicaid director ~~of job and family services~~ shall	1188
annually report to the council the cost methodology of the	1189
medicaid-funded services described in division (A)(3)(d) of	1190
section 9.231 of the Revised Code. The council shall consist of	1191
the following members or their designees:	1192

(1) The attorney general;

1193

(2) The auditor of state;

1194

(3) The director of administrative services;

1195

(4) The director of aging;

1196

(5) ~~The director of alcohol and drug addiction services~~The	1197
medicaid director;	1198

(6) The director of budget and management;

1199

(7) The director of development services;

1200

(8) The director of job and family services;

1201

(9) The director of ~~mental health~~mental health and addiction	1202
services;	1203

(10) The director of developmental disabilities;

1204

(11) The director of rehabilitation and correction;

1205

(12) The administrator of workers' compensation;

1206

(13) The executive director of the county commissioners'	1207
association of Ohio;	1208

(14) The president of the Ohio grantmakers forum;

1209

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

1210

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

1211

(17) The president of the Ohio society of certified public	1212
accountants;	1213

(18) The executive director of the Ohio association of	1214
nonprofit organizations;	1215

(19) The president of the Ohio united way;

1216

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

1217

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

1218

(B) If an agency or organization represented on the council	1219
ceases to exist in the form it has on September 29, 2005, the	1220
successor agency or organization shall be represented in its	1221
place. If there is no successor agency or organization, or if it	1222
is not clear what agency or organization is the successor, the	1223
attorney general shall designate an agency or organization to be	1224
represented in place of the agency or organization originally	1225
represented on the council.	1226

(C) The two members appointed to the council shall serve	1227
three-year terms. Original appointments shall be made not later	1228
than sixty days after September 29, 2005. Vacancies on the council	1229
shall be filled in the same manner as the original appointment.	1230

(D) The attorney general or the attorney general's designee	1231
shall be the chairperson of the council. The council shall meet at	1232
least once every two years to review the rules adopted under	1233
sections 9.237 and 9.238 of the Revised Code and to make	1234
recommendations to the attorney general and auditor of state	1235
regarding the adoption, amendment, or repeal of those rules. The	1236
council shall also meet at other times as requested by the	1237
attorney general or auditor of state.	1238

(E) Members of the council shall serve without compensation	1239
or reimbursement.	1240

(F) The office of the attorney general shall provide	1241
necessary staff, facilities, supplies, and services to the	1242
council.	1243

(G) Sections 101.82 to 101.87 of the Revised Code do not	1244
apply to the council.	1245

Sec. 9.24. (A) Except as may be allowed under division (F) of	1246
this section, no state agency and no political subdivision shall	1247
award a contract as described in division (G)(1) of this section	1248
for goods, services, or construction, paid for in whole or in part	1249
with state funds, to a person against whom a finding for recovery	1250
has been issued by the auditor of state on and after January 1,	1251
2001, if the finding for recovery is unresolved.	1252

A contract is considered to be awarded when it is entered	1253
into or executed, irrespective of whether the parties to the	1254
contract have exchanged any money.	1255

(B) For purposes of this section, a finding for recovery is	1256
unresolved unless one of the following criteria applies:	1257

(1) The money identified in the finding for recovery is paid	1258
in full to the state agency or political subdivision to whom the	1259
money was owed;	1260

(2) The debtor has entered into a repayment plan that is	1261
approved by the attorney general and the state agency or political	1262
subdivision to whom the money identified in the finding for	1263
recovery is owed. A repayment plan may include a provision	1264
permitting a state agency or political subdivision to withhold	1265
payment to a debtor for goods, services, or construction provided	1266
to or for the state agency or political subdivision pursuant to a	1267
contract that is entered into with the debtor after the date the	1268
finding for recovery was issued.	1269

(3) The attorney general waives a repayment plan described in	1270
division (B)(2) of this section for good cause;	1271

(4) The debtor and state agency or political subdivision to	1272
whom the money identified in the finding for recovery is owed have	1273
agreed to a payment plan established through an enforceable	1274
settlement agreement.	1275

(5) The state agency or political subdivision desiring to	1276
enter into a contract with a debtor certifies, and the attorney	1277
general concurs, that all of the following are true:	1278

(a) Essential services the state agency or political	1279
subdivision is seeking to obtain from the debtor cannot be	1280
provided by any other person besides the debtor;	1281

(b) Awarding a contract to the debtor for the essential	1282
services described in division (B)(5)(a) of this section is in the	1283
best interest of the state;	1284

(c) Good faith efforts have been made to collect the money	1285
identified in the finding of recovery.	1286

(6) The debtor has commenced an action to contest the finding	1287
for recovery and a final determination on the action has not yet	1288
been reached.	1289

(C) The attorney general shall submit an initial report to	1290
the auditor of state, not later than December 1, 2003, indicating	1291
the status of collection for all findings for recovery issued by	1292
the auditor of state for calendar years 2001, 2002, and 2003.	1293
Beginning on January 1, 2004, the attorney general shall submit to	1294
the auditor of state, on the first day of every January, April,	1295
July, and October, a list of all findings for recovery that have	1296
been resolved in accordance with division (B) of this section	1297
during the calendar quarter preceding the submission of the list	1298
and a description of the means of resolution. The attorney general	1299
shall notify the auditor of state when a judgment is issued	1300
against an entity described in division (F)(1) of this section.	1301

(D) The auditor of state shall maintain a database,	1302
accessible to the public, listing persons against whom an	1303
unresolved finding for recovery has been issued, and the amount of	1304
the money identified in the unresolved finding for recovery. The	1305
auditor of state shall have this database operational on or before	1306
January 1, 2004. The initial database shall contain the	1307
information required under this division for calendar years 2001,	1308
2002, and 2003.	1309

Beginning January 15, 2004, the auditor of state shall update	1310
the database by the fifteenth day of every January, April, July,	1311
and October to reflect resolved findings for recovery that are	1312
reported to the auditor of state by the attorney general on the	1313
first day of the same month pursuant to division (C) of this	1314
section.	1315

(E) Before awarding a contract as described in division	1316
(G)(1) of this section for goods, services, or construction, paid	1317
for in whole or in part with state funds, a state agency or	1318
political subdivision shall verify that the person to whom the	1319
state agency or political subdivision plans to award the contract	1320
has no unresolved finding for recovery issued against the person.	1321
A state agency or political subdivision shall verify that the	1322
person does not appear in the database described in division (D)	1323
of this section or shall obtain other proof that the person has no	1324
unresolved finding for recovery issued against the person.	1325

(F) The prohibition of division (A) of this section and the	1326
requirement of division (E) of this section do not apply with	1327
respect to the companies, payments, or agreements described in	1328
divisions (F)(1) and (2) of this section, or in the circumstance	1329
described in division (F)(3) of this section.	1330

(1) A bonding company or a company authorized to transact the	1331
business of insurance in this state, a self-insurance pool, joint	1332
self-insurance pool, risk management program, or joint risk	1333
management program, unless a court has entered a final judgment	1334
against the company and the company has not yet satisfied the	1335
final judgment.	1336

(2) To medicaid provider agreements under ~~Chapter 5111. of~~	1337
the ~~Revised Code~~medicaid program.	1338

(3) When federal law dictates that a specified entity provide	1339
the goods, services, or construction for which a contract is being	1340
awarded, regardless of whether that entity would otherwise be	1341
prohibited from entering into the contract pursuant to this	1342
section.	1343

(G)(1) This section applies only to contracts for goods,	1344
services, or construction that satisfy the criteria in either	1345
division (G)(1)(a) or (b) of this section. This section may apply	1346
to contracts for goods, services, or construction that satisfy the	1347
criteria in division (G)(1)(c) of this section, provided that the	1348
contracts also satisfy the criteria in either division (G)(1)(a)	1349
or (b) of this section.	1350

(a) The cost for the goods, services, or construction	1351
provided under the contract is estimated to exceed twenty-five	1352
thousand dollars.	1353

(b) The aggregate cost for the goods, services, or	1354
construction provided under multiple contracts entered into by the	1355
particular state agency and a single person or the particular	1356
political subdivision and a single person within the fiscal year	1357
preceding the fiscal year within which a contract is being entered	1358
into by that same state agency and the same single person or the	1359
same political subdivision and the same single person, exceeded	1360
fifty thousand dollars.	1361

(c) The contract is a renewal of a contract previously	1362
entered into and renewed pursuant to that preceding contract.	1363

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

1364

(H) As used in this section:

1365

(1) "State agency" has the same meaning as in section 9.66 of	1366
the Revised Code.	1367

(2) "Political subdivision" means a political subdivision as	1368
defined in section 9.82 of the Revised Code that has received more	1369
than fifty thousand dollars of state money in the current fiscal	1370
year or the preceding fiscal year.	1371

(3) "Finding for recovery" means a determination issued by	1372
the auditor of state, contained in a report the auditor of state	1373
gives to the attorney general pursuant to section 117.28 of the	1374
Revised Code, that public money has been illegally expended,	1375
public money has been collected but not been accounted for, public	1376
money is due but has not been collected, or public property has	1377
been converted or misappropriated.	1378

(4) "Debtor" means a person against whom a finding for	1379
recovery has been issued.	1380

(5) "Person" means the person named in the finding for	1381
recovery.	1382

(6) "State money" does not include funds the state receives	1383
from another source and passes through to a political subdivision.	1384

Sec. 9.833. (A) As used in this section, "political	1385
subdivision" has the meaning defined in sections 2744.01 and	1386
3905.36 of the Revised Code. For purposes of this section,	1387
"political subdivision" includes municipal corporations as defined	1388
in section 5705.01 of the Revised Code.	1389

(B) Political subdivisions that provide health care benefits	1390
for their officers or employees may do any of the following:	1391

(1) Establish and maintain an individual self-insurance	1392
program with public moneys to provide authorized health care	1393
benefits, including but not limited to, health care, prescription	1394
drugs, dental care, and vision care, in accordance with division	1395
(C) of this section;	1396

(2) Establish and maintain a health savings account program	1397
whereby employees or officers may establish and maintain health	1398
savings accounts in accordance with section 223 of the Internal	1399
Revenue Code. Public moneys may be used to pay for or fund	1400
federally qualified high deductible health plans that are linked	1401
to health savings accounts or to make contributions to health	1402
savings accounts. A health savings account program may be a part	1403
of a self-insurance program.	1404

(3) After establishing an individual self-insurance program,	1405
agree with other political subdivisions that have established	1406
individual self-insurance programs for health care benefits, that	1407
their programs will be jointly administered in a manner specified	1408
in the agreement;	1409

(4) Pursuant to a written agreement and in accordance with	1410
division (C) of this section, join in any combination with other	1411
political subdivisions to establish and maintain a joint	1412
self-insurance program to provide health care benefits;	1413

(5) Pursuant to a written agreement, join in any combination	1414
with other political subdivisions to procure or contract for	1415
policies, contracts, or plans of insurance to provide health care	1416
benefits, which may include a health savings account program for	1417
their officers and employees subject to the agreement;	1418

(6) Use in any combination any of the policies, contracts,	1419
plans, or programs authorized under this division.	1420

(7) Any agreement made under division (B)(3), (4), (5), or	1421
(6) of this section shall be in writing, comply with division (C)	1422
of this section, and contain best practices established in	1423
consultation with and approved by the department of administrative	1424
services. The best practices may be reviewed and amended at the	1425
discretion of the political subdivisions in consultation with the	1426
department. Detailed information regarding the best practices	1427
shall be made available to any employee upon that employee's	1428
request.	1429

(8) Purchase plans ~~approved~~containing best practices	1430
established by the department of administrative services under	1431
section 9.901 of the Revised Code.	1432

(C) Except as otherwise provided in division (E) of this	1433
section, the following apply to individual or joint self-insurance	1434
programs established pursuant to this section:	1435

(1) Such funds shall be reserved as are necessary, in the	1436
exercise of sound and prudent actuarial judgment, to cover	1437
potential cost of health care benefits for the officers and	1438
employees of the political subdivision. A certified audited	1439
financial statement and a report of aggregate amounts so reserved	1440
and aggregate disbursements made from such funds, together with a	1441
written report of a member of the American academy of actuaries	1442
certifying whether the amounts reserved conform to the	1443
requirements of this division, are computed in accordance with	1444
accepted loss reserving standards, and are fairly stated in	1445
accordance with sound loss reserving principles, shall be prepared	1446
and maintained, within ninety days after the last day of the	1447
fiscal year of the entity for which the report is provided for	1448
that fiscal year, in the office of the program administrator	1449
described in division (C)(3) of this section.	1450

The report required by division (C)(1) of this section shall	1451
include, but not be limited to, the aggregate of disbursements	1452
made for the administration of the program, including claims paid,	1453
costs of the legal representation of political subdivisions and	1454
employees, and fees paid to consultants.	1455

The program administrator described in division (C)(3) of	1456
this section shall make the report required by this division	1457
available for inspection by any person at all reasonable times	1458
during regular business hours, and, upon the request of such	1459
person, shall make copies of the report available at cost within a	1460
reasonable period of time. The program administrator shall further	1461
provide the report to the auditor of state under Chapter 117. of	1462
the Revised Code. The report required by this division is in lieu	1463
of the records required by division (A) of section 149.431 of the	1464
Revised Code.	1465

(2) Each political subdivision shall reserve funds necessary	1466
for an individual or joint self-insurance program in a special	1467
fund that may be established for political subdivisions other than	1468
an agency or instrumentality pursuant to an ordinance or	1469
resolution of the political subdivision and not subject to section	1470
5705.12 of the Revised Code. An agency or instrumentality shall	1471
reserve the funds necessary for an individual or joint	1472
self-insurance program in a special fund established pursuant to a	1473
resolution duly adopted by the agency's or instrumentality's	1474
governing board. The political subdivision may allocate the costs	1475
of insurance or any self-insurance program, or both, among the	1476
funds or accounts established under this division on the basis of	1477
relative exposure and loss experience.	1478

(3) A contract may be awarded, without the necessity of	1479
competitive bidding, to any person, political subdivision,	1480
nonprofit corporation organized under Chapter 1702. of the Revised	1481
Code, or regional council of governments created under Chapter	1482
167. of the Revised Code for purposes of administration of an	1483
individual or joint self-insurance program. No such contract shall	1484
be entered into without full, prior, public disclosure of all	1485
terms and conditions. The disclosure shall include, at a minimum,	1486
a statement listing all representations made in connection with	1487
any possible savings and losses resulting from the contract, and	1488
potential liability of any political subdivision or employee. The	1489
proposed contract and statement shall be disclosed and presented	1490
at a meeting of the political subdivision not less than one week	1491
prior to the meeting at which the political subdivision authorizes	1492
the contract.	1493

A contract awarded to a nonprofit corporation or a regional	1494
council of governments under this division may provide that all	1495
employees of the nonprofit corporation or regional council of	1496
governments, the employees of all entities related to the	1497
nonprofit corporation or regional council of governments, and the	1498
employees of other nonprofit corporations that have fifty or fewer	1499
employees and have been organized for the primary purpose of	1500
representing the interests of political subdivisions, may be	1501
covered by the individual or joint self-insurance program under	1502
the terms and conditions set forth in the contract.	1503

(4) The individual or joint self-insurance program shall	1504
include a contract with a certified public accountant and a member	1505
of the American academy of actuaries for the preparation of the	1506
written evaluations required under division (C)(1) of this	1507
section.	1508

(5) A joint self-insurance program may allocate the costs of	1509
funding the program among the funds or accounts established under	1510
this division to the participating political subdivisions on the	1511
basis of their relative exposure and loss experience.	1512

(6) An individual self-insurance program may allocate the	1513
costs of funding the program among the funds or accounts	1514
established under this division to the political subdivision that	1515
established the program.	1516

(7) Two or more political subdivisions may also authorize the	1517
establishment and maintenance of a joint health care cost	1518
containment program, including, but not limited to, the employment	1519
of risk managers, health care cost containment specialists, and	1520
consultants, for the purpose of preventing and reducing health	1521
care costs covered by insurance, individual self-insurance, or	1522
joint self-insurance programs.	1523

(8) A political subdivision is not liable under a joint	1524
self-insurance program for any amount in excess of amounts payable	1525
pursuant to the written agreement for the participation of the	1526
political subdivision in the joint self-insurance program. Under a	1527
joint self-insurance program agreement, a political subdivision	1528
may, to the extent permitted under the written agreement, assume	1529
the risks of any other political subdivision. A joint	1530
self-insurance program established under this section is deemed a	1531
separate legal entity for the public purpose of enabling the	1532
members of the joint self-insurance program to obtain insurance or	1533
to provide for a formalized, jointly administered self-insurance	1534
fund for its members. An entity created pursuant to this section	1535
is exempt from all state and local taxes.	1536

(9) Any political subdivision, other than an agency or	1537
instrumentality, may issue general obligation bonds, or special	1538
obligation bonds that are not payable from real or personal	1539
property taxes, and may also issue notes in anticipation of such	1540
bonds, pursuant to an ordinance or resolution of its legislative	1541
authority or other governing body for the purpose of providing	1542
funds to pay expenses associated with the settlement of claims,	1543
whether by way of a reserve or otherwise, and to pay the political	1544
subdivision's portion of the cost of establishing and maintaining	1545
an individual or joint self-insurance program or to provide for	1546
the reserve in the special fund authorized by division (C)(2) of	1547
this section.	1548

In its ordinance or resolution authorizing bonds or notes	1549
under this section, a political subdivision may elect to issue	1550
such bonds or notes under the procedures set forth in Chapter 133.	1551
of the Revised Code. In the event of such an election,	1552
notwithstanding Chapter 133. of the Revised Code, the maturity of	1553
the bonds may be for any period authorized in the ordinance or	1554
resolution not exceeding twenty years, which period shall be the	1555
maximum maturity of the bonds for purposes of section 133.22 of	1556
the Revised Code.	1557

Bonds and notes issued under this section shall not be	1558
considered in calculating the net indebtedness of the political	1559
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1560
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1561
hereby made applicable to bonds or notes authorized under this	1562
section.	1563

(10) A joint self-insurance program is not an insurance	1564
company. Its operation does not constitute doing an insurance	1565
business and is not subject to the insurance laws of this state.	1566

(D) A political subdivision may procure group life insurance	1567
for its employees in conjunction with an individual or joint	1568
self-insurance program authorized by this section, provided that	1569
the policy of group life insurance is not self-insured.	1570

(E) This section does not apply to individual self-insurance	1571
programs created solely by municipal corporations as defined in	1572
section 5705.01 of the Revised Code.	1573

(F) A public official or employee of a political subdivision	1574
who is or becomes a member of the governing body of the program	1575
administrator of a joint self-insurance program in which the	1576
political subdivision participates is not in violation of division	1577
(D) or (E) of section 102.03, division (C) of section 102.04, or	1578
section 2921.42 of the Revised Code as a result of either of the	1579
following:	1580

(1) The political subdivision's entering under this section	1581
into the written agreement to participate in the joint	1582
self-insurance program;	1583

(2) The political subdivision's entering under this section	1584
into any other contract with the joint self-insurance program.	1585

Sec. 9.90. (A) ~~The following applies until the department of~~	1586
~~administrative services implements healthcare plans designed under~~	1587
~~section 9.901 of the Revised Code. If those plans do not include~~	1588
~~or address any benefits listed in this section, or if the board of~~	1589
~~trustees or other governing body of a state institution of higher~~	1590
~~education, as defined in section 3345.011 of the Revised Code,~~	1591
~~board of education of a school district, or governing board of an~~	1592
~~educational service center do not elect to be covered under a plan~~	1593
~~offered by the department of administrative services under section~~	1594
~~9.901 of the Revised Code, the following provisions continue in~~	1595
~~effect for those benefits.~~ The board of trustees or other	1596
governing body of a state institution of higher education, as	1597
defined in section 3345.011 of the Revised Code, board of	1598
education of a school district, or governing board of an	1599
educational service center may, in addition to all other powers	1600
provided in the Revised Code:	1601

(1) Contract for, purchase, or otherwise procure from an	1602
insurer or insurers licensed to do business by the state of Ohio	1603
for or on behalf of such of its employees as it may determine,	1604
life insurance, or sickness, accident, annuity, endowment, health,	1605
medical, hospital, dental, or surgical coverage and benefits, or	1606
any combination thereof, by means of insurance plans or other	1607
types of coverage, family, group or otherwise, and may pay from	1608
funds under its control and available for such purpose all or any	1609
portion of the cost, premium, or charge for such insurance,	1610
coverage, or benefits. However, the governing board, in addition	1611
to or as an alternative to the authority otherwise granted by	1612
division (A)(1) of this section, may elect to procure coverage for	1613
health care services, for or on behalf of such of its employees as	1614
it may determine, by means of policies, contracts, certificates,	1615
or agreements issued by at least two health insuring corporations	1616
holding a certificate of authority under Chapter 1751. of the	1617
Revised Code and may pay from funds under the governing board's	1618
control and available for such purpose all or any portion of the	1619
cost of such coverage.	1620

(2) Make payments to a custodial account for investment in	1621
regulated investment company stock for the purpose of providing	1622
retirement benefits as described in section 403(b)(7) of the	1623
Internal Revenue Code of 1954, as amended. Such stock shall be	1624
purchased only from persons authorized to sell such stock in this	1625
state.	1626

Any income of an employee deferred under divisions (A)(1) and	1627
(2) of this section in a deferred compensation program eligible	1628
for favorable tax treatment under the Internal Revenue Code of	1629
1954, as amended, shall continue to be included as regular	1630
compensation for the purpose of computing the contributions to and	1631
benefits from the retirement system of such employee. Any sum so	1632
deferred shall not be included in the computation of any federal	1633
and state income taxes withheld on behalf of any such employee.	1634

(B) All or any portion of the cost, premium, or charge	1635
therefor may be paid in such other manner or combination of	1636
manners as the board or governing body may determine, including	1637
direct payment by the employee in cases under division (A)(1) of	1638
this section, and, if authorized in writing by the employee in	1639
cases under division (A)(1) or (2) of this section, by the board	1640
or governing body with moneys made available by deduction from or	1641
reduction in salary or wages or by the foregoing of a salary or	1642
wage increase. Nothing in section 3917.01 or section 3917.06 of	1643
the Revised Code shall prohibit the issuance or purchase of group	1644
life insurance authorized by this section by reason of payment of	1645
premiums therefor by the board or governing body from its funds,	1646
and such group life insurance may be so issued and purchased if	1647
otherwise consistent with the provisions of sections 3917.01 to	1648
3917.07 of the Revised Code.	1649

(C) The board of education of any school district may	1650
exercise any of the powers granted to the governing boards of	1651
public institutions of higher education under divisions (A) and	1652
(B) of this section. All health care benefits provided to persons	1653
employed by the public schools of this state shall be through	1654
health care plans that contain best practices established by the	1655
department of administrative services pursuant to section 9.901 of	1656
the Revised Code.	1657

~~(D) Once the department of administrative services releases~~	1658
~~in final form health care plans designed under section 9.901 of~~	1659
~~the Revised Code, all health care benefits provided to persons~~	1660
~~employed by state institutions of higher education, school~~	1661
~~districts, or educational service centers may be through those~~	1662
~~plans.~~	1663

Sec. 9.901. (A)(1) All health care benefits provided to	1664
persons employed by ~~the political subdivisions and~~ public ~~school~~	1665
~~districts of~~employers as defined by this ~~state~~section shall be	1666
provided by health care plans that contain best practices	1667
established ~~pursuant to this section~~ by the former school	1668
employees health care board or the department of administrative	1669
services. ~~Twelve months after the release of best practices by the~~	1670
~~board all~~All policies or contracts for health care benefits	1671
~~provided to public school district employees~~ that are issued or	1672
renewed after the expiration of any applicable collective	1673
bargaining agreement must contain all best practices established	1674
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1675
~~or all of the health~~Health care plans that contain the best	1676
practices ~~specified by the board~~ may be self-insured.	1677

(2) Upon ~~completion of the consultant's report under division~~	1678
~~(E) of this section and once the plans are released in final form~~	1679
~~by the department, all health care benefits provided to persons~~	1680
~~employed by political subdivisions, public school districts, and~~	1681
~~state institutions of higher education may be provided by health~~	1682
~~care plans designed under this section by the department. The~~	1683
~~department, in consultation with the superintendent of insurance,~~	1684
~~may negotiate with and, in accordance with the competitive~~	1685
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1686
~~with one or more insurance companies authorized to do business in~~	1687
~~this state for the issuance of the plans. Any or all of the health~~	1688
~~care plans designed by the department may be self-insured. All~~	1689
~~self-insured plans adopted shall be administered by the department~~	1690
~~in accordance with this section. The plans shall incorporate the~~	1691
~~best practices adopted by the department under division (C)(3) of~~	1692
~~this section~~consulting with the department of administrative	1693
services, a political subdivision may adopt a delivery system of	1694
benefits that is not in accordance with the department's adopted	1695
best practices if it is considered by the department to be most	1696
financially advantageous to the political subdivision.	1697

(3) ~~Before soliciting proposals from insurance companies for~~	1698
~~the issuance of health care plans, the department, in consultation~~	1699
~~with the superintendent of insurance, shall determine what~~	1700
~~geographic regions exist in the state based on the availability of~~	1701
~~providers, networks, costs, and other factors relating to~~	1702
~~providing health care benefits. The department shall then~~	1703
~~determine what health care plans offered by political~~	1704
~~subdivisions, public school districts, state institutions, and~~	1705
~~existing consortiums in the region offer the most cost-effective~~	1706
~~plan.~~	1707

~~(4) The department, in consultation with the superintendent~~	1708
~~of insurance, shall develop a request for proposals and solicit~~	1709
~~bids for health care plans for political subdivisions, public~~	1710
~~school districts, and state institutions in a region similar to~~	1711
~~the existing plans. The department shall also determine the~~	1712
~~benefits offered by existing health care plans, the employees'~~	1713
~~costs, and the cost-sharing arrangements used by political~~	1714
~~subdivisions, schools, and institutions participating in a~~	1715
~~consortium. The department shall determine what strategies are~~	1716
~~used by the existing plans to manage health care costs and shall~~	1717
~~study the potential benefits of state or regional consortiums~~	1718
~~offering multiple health care plans. When options exist in a~~	1719
~~defined regional service area that meet the benchmarks or best~~	1720
~~practices prescribed by the department, public employees shall be~~	1721
~~given the option of selecting from two or more health plans.~~	1722

~~(5) No political subdivision, public school district, or~~	1723
~~state institution may be required to offer the health care plans~~	1724
~~designed under this section until action is taken under division~~	1725
~~(E) of this section.~~	1726

~~In addition, political subdivisions, public school districts,~~	1727
~~or state institutions offering employee health care benefits~~	1728
~~through a plan offered by a consortium of two or more political~~	1729
~~subdivisions, districts, or state institutions, or a consortium of~~	1730
~~one or more political subdivisions, districts, or state~~	1731
~~institutions and one or more other political subdivisions may~~	1732
~~continue offering consortium plans to the political subdivisions',~~	1733
~~districts', or institutions' employees if plans contain best~~	1734
~~practices required under this section.~~	1735

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

1736

(a) "Public employer" means political subdivisions, public	1737
school districts, or state institutions of higher education.	1738

(b) "Public school district" means a city, local, exempted	1739
village, or joint vocational school district; a STEM school	1740
established under Chapter 3326. of the Revised Code; or an	1741
educational service center. "Public school district" does not mean	1742
a community school established under Chapter 3314. of the Revised	1743
Code.	1744

~~(b)~~(c) "State institution of higher education" or "state	1745
institution" means a state institution of higher education as	1746
defined in section 3345.011 of the Revised Code.	1747

~~(c)~~(d) "Political subdivision" has the same meaning as	1748
defined in section 9.833 of the Revised Code.	1749

~~(d)~~(e) A "health care plan" includes group policies,	1750
contracts, and agreements that provide hospital, surgical, or	1751
medical expense coverage, including self-insured plans. A "health	1752
care plan" does not include an individual plan offered to the	1753
employees of a political subdivision, public school district, or	1754
state institution, or a plan that provides coverage only for	1755
specific disease or accidents, or a hospital indemnity, medicare	1756
supplement, or other plan that provides only supplemental	1757
benefits, paid for by the employees of a political subdivision,	1758
public school district, or state institution.	1759

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1760
public school district, a state institution of higher education, a	1761
consortium of political subdivisions, public school districts, or	1762
state institutions, or a council of governments.	1763

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1764
care fund is hereby created in the state treasury. The department	1765
shall use all funds in the ~~political subdivisions and~~ public	1766
employees health care fund solely to carry out the provisions of	1767
this section and related administrative costs.	1768

~~(C)~~(B) The department of administrative services shall do all	1769
of the following:	1770

(1) ~~Include disease management and consumer education~~	1771
~~programs, which programs shall include, but are not limited to,~~	1772
~~wellness programs and other measures designed to encourage the~~	1773
~~wise use of medical plan coverage. These programs are not services~~	1774
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1775

~~(2) After action is taken under division (E) of this section,~~	1776
~~design health care plans for political subdivisions, public school~~	1777
~~districts, and state institutions of higher education in~~	1778
~~accordance with division (A) of this section separate from the~~	1779
~~plans for state agencies;~~	1780

~~(3) Adopt and release a set of standards that shall be~~	1781
~~considered the best practices for health care plans offered to~~	1782
~~employees of political subdivisions, public school districts, and~~	1783
~~state institutions.~~	1784

~~(4) Require that the plans the health plan sponsors~~	1785
~~administer make readily available to the public all cost and~~	1786
~~design elements of the plan;~~	1787

~~(5) Set employee and employer health care plan premiums for~~	1788
~~the plans designed under division (C)(2) of this section;~~	1789

~~(6) Promote cooperation among all organizations affected by~~	1790
~~this section in identifying the elements for the successful~~	1791
~~implementation of this section;~~	1792

~~(7) Promote cost containment measures aligned with patient,~~	1793
~~plan, and provider management strategies in developing and~~	1794
~~managing health care plans;~~	1795

~~(8) Prepare and disseminate to the public an annual report on~~	1796
~~the status of health plan sponsors' effectiveness in making~~	1797
~~progress to reduce the rate of increase in insurance premiums and~~	1798
~~employee out of pocket expenses, as well as progress in improving~~	1799
~~the health status of political subdivision, public school~~	1800
~~district, and state institution employees and their families.~~	1801

~~(D) The sections in Chapter 3923. of the Revised Code~~	1802
~~regulating public employee benefit plans are not applicable to the~~	1803
~~health care plans designed pursuant to this section.~~	1804

~~(E) Before the department's release of the initial health~~	1805
~~care plans, the department shall contract with an independent~~	1806
~~consultant to analyze costs related to employee health care~~	1807
~~benefits provided by existing political subdivision, public school~~	1808
~~district, and state institution plans. All political subdivisions~~	1809
~~shall provide information requested by the department that the~~	1810
~~department determines is needed to complete this study. The~~	1811
~~information requested shall be held confidentially by the~~	1812
~~department and shall not be considered a public record under~~	1813
~~Chapter 149. of the Revised Code. The department may release the~~	1814
~~information after redacting all personally identifiable~~	1815
~~information. The consultant shall determine the benefits offered~~	1816
~~by existing plans, the employees' costs, and the cost-sharing~~	1817
~~arrangements used by political subdivisions, schools, and~~	1818
~~institutions participating in a consortium. The consultant shall~~	1819
~~determine what strategies are used by the existing plans to manage~~	1820
~~health care costs and shall study the potential benefits of state~~	1821
~~or regional consortiums of political subdivisions, public schools,~~	1822
~~and institutions offering multiple health care plans. Based on the~~	1823
~~findings of the analysis, the consultant shall submit written~~	1824
~~recommendations to the department for the development and~~	1825
~~implementation of a successful program for pooling purchasing~~	1826
~~power for the acquisition of employee health care plans. The~~	1827
~~consultant's recommendations shall address, at a minimum, all of~~	1828
~~the following issues:~~	1829

~~(1) The development of a plan for regional coordination of~~	1830
~~the health care plans;~~	1831

~~(2) The establishment of regions for the provision of health~~	1832
~~care plans, based on the availability of providers and plans in~~	1833
~~the state at the time;~~	1834

~~(3) The viability of voluntary and mandatory participation by~~	1835
~~political subdivisions, public schools, and institutions of higher~~	1836
~~education;~~	1837

~~(4) The use of regional preferred provider and closed panel~~	1838
~~plans, health savings accounts, and alternative health care plans,~~	1839
~~to stabilize both costs and the premiums charged to political~~	1840
~~subdivisions, public school districts, and state institutions and~~	1841
~~their employees;~~	1842

~~(5) The use of the competitive bidding process for regional~~	1843
~~health care plans;~~	1844

~~(6) The use of information on claims and costs and of~~	1845
~~information reported by political subdivisions, public school~~	1846
~~districts, and state institutions pursuant to the Consolidated~~	1847
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	1848
~~1161, as amended in analyzing administrative and premium costs;~~	1849

~~(7) The experience of states that have statewide health care~~	1850
~~plans for political subdivision, public school district, and state~~	1851
~~institution employees, including the implementation strategies~~	1852
~~used by those states;~~	1853

~~(8) Recommended strategies for the use of first-year roll-in~~	1854
~~premiums in the transition from political subdivision, district,~~	1855
~~and state institution health care plans to department plans;~~	1856

~~(9) The option of allowing political subdivisions, public~~	1857
~~school districts, and state institutions to join an existing~~	1858
~~regional consortium as an alternative to department plans;~~	1859

~~(10) Mandatory and optional coverages to be offered by the~~	1860
~~department's plans;~~	1861

~~(11) Potential risks to the state from the use of plans~~	1862
~~developed under this section;~~	1863

~~(12) Any legislation needed to ensure the long-term financial~~	1864
~~solvency and stability of a health care purchasing system;~~	1865

~~(13) The potential impacts of any changes to the existing~~	1866
~~purchasing structure on all of the following:~~	1867

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

1868

~~(b) Political subdivision, school district, and state~~	1869
~~institution employees;~~	1870

~~(c) Individual political subdivisions, school districts, and~~	1871
~~state institutions.~~	1872

~~(14) Issues that could arise when political subdivisions,~~	1873
~~school districts, and state institutions transition from the~~	1874
~~existing purchasing structure to a new purchasing structure;~~	1875

~~(15) Strategies available to the department in the creation~~	1876
~~of fund reserves and the need for stop-loss insurance coverage for~~	1877
~~catastrophic losses;~~	1878

~~(16) Impact on eliminating the premium tax or excise~~	1879
~~currently received on behalf of a public employer under division~~	1880
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	1881
~~Code;~~	1882

~~(17) How development of the federal health exchange in Ohio~~	1883
~~may impact public employees;~~	1884

~~(18) Impact of joint health insurance regional program on~~	1885
~~insurance carriers and agents;~~	1886

~~(19) The benefits, including any cost savings to the state~~	1887
~~of establishing a benchmark for public employers to meet in lieu~~	1888
~~of establishing new plans administered by the department.~~	1889

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

1890

(2) Study the potential benefits of state or regional	1891
consortiums of public employers' health care plans;	1892

(3) Publish information regarding the health care plans	1893
offered by political subdivisions, public school districts, state	1894
institutions, and existing consortiums;	1895

(4) Assist in the design of health care plans for political	1896
subdivisions, public school districts, and state institutions of	1897
higher education in accordance with division (A) of this section	1898
separate from the plans for state agencies;	1899

(5) Adopt and release a set of standards that shall be	1900
considered the best practices for health care plans offered to	1901
employees of political subdivisions, public school districts, and	1902
state institutions;	1903

(6) Require that plans the health plan sponsors administer	1904
make readily available to the public all cost and design elements	1905
of the plan;	1906

(7) Promote cooperation among all organizations affected by	1907
this section in identifying the elements for successful	1908
implementation of this section;	1909

(8) Promote cost containment measures aligned with patient,	1910
plan, and provider management strategies in developing and	1911
managing health care plans; and	1912

(9) Prepare and disseminate to the public an annual report on	1913
the status of health plan sponsors' effectiveness in complying	1914
with best practices and making progress to reduce the rate of	1915
increase in insurance premiums and employee out-of-pocket	1916
expenses, as well as progress in improving the health status of	1917
employees and their families.	1918

(C) The director of administrative services may convene a	1919
public health care advisory committee ~~is hereby created under the~~	1920
~~department of administrative services~~. The committee shall make	1921
recommendations to the director of administrative services or the	1922
director's designee on the development and adoption of best	1923
practices under this section. The committee shall consist of	1924
fifteen members: five members appointed by the speaker of the	1925
house of representatives,; five members appointed by the president	1926
of the senate,; and five members appointed by the governor ~~and~~	1927
~~shall include representatives from state and local government~~	1928
~~employers, state and local government employees, insurance agents,~~	1929
~~health insurance companies, and joint purchasing arrangements~~	1930
~~currently in existence. Nothing in this section prohibits a~~	1931
~~political subdivision from adopting a delivery system of benefits~~	1932
~~that is not in accordance with the department's adopted best~~	1933
~~practices if it is considered to be most financially advantageous~~	1934
~~to the political subdivision~~. Members shall serve without	1935
compensation.	1936

~~(G)~~(D) The department may adopt rules for the enforcement of	1937
health plan sponsors' compliance with the best practices standards	1938
adopted by the department pursuant to this section.	1939

~~(H)~~(E) Any health care plan providing coverage for the	1940
employees of political subdivisions, public school districts, or	1941
state institutions of higher education, or that have provided	1942
coverage within two years before the effective date of this	1943
amendment, shall provide nonidentifiable aggregate claims and	1944
administrative data for the coverage provided as required by the	1945
department, without charge, within thirty days after receiving a	1946
written request from the department. The claims data shall include	1947
data relating to employee group benefit sets, demographics, and	1948
claims experience.	1949

~~(I)(1)~~(F) The department may ~~contract~~work with other state	1950
agencies ~~for~~to obtain services as the department deems necessary	1951
for the implementation and operation of this section, based on	1952
demonstrated experience and expertise in administration,	1953
management, data handling, actuarial studies, quality assurance,	1954
or for other needed services.	1955

~~(2)~~(G) The department shall hire staff as necessary to	1956
provide administrative support to the department and the public	1957
employee health care plan program established by this section.	1958

~~(J) Not more than ninety days before coverage begins for~~	1959
~~political subdivision, public school district, and state~~	1960
~~institution employees under health care plans designed by the~~	1961
~~department, a political subdivision's governing body, public~~	1962
~~school district's board of education, and a state institution's~~	1963
~~board of trustees or managing authority shall provide detailed~~	1964
~~information about the health care plans to the employees.~~	1965

~~(K)~~(H) Nothing in this section shall be construed as	1966
prohibiting political subdivisions, public school districts, or	1967
state institutions from consulting with and compensating insurance	1968
agents and brokers for professional services or from establishing	1969
a self-insurance program.	1970

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	1971
auditor of state shall conduct all necessary and required audits	1972
of the department. The auditor of state, upon request, also shall	1973
furnish to the department copies of audits of political	1974
subdivisions, public school districts, or consortia performed by	1975
the auditor of state.	1976

Sec. 101.39. (A) There is hereby created the joint	1977
legislative committee on health care oversight. The committee may	1978
review or study any matter related to the provision of health care	1979
services that it considers of significance to the citizens of this	1980
state, including the availability of health care, the quality of	1981
health care, the effectiveness and efficiency of managed care	1982
systems, and the operation of the ~~medical assistance~~medicaid	1983
program ~~established under Chapter 5111. of the Revised Code~~ or	1984
other government health programs.	1985

The department of ~~job and family services~~medicaid,	1986
department of health, department of aging, department of ~~mental~~	1987
~~health~~mental health and addiction services, department of	1988
developmental disabilities, ~~department of alcohol and drug~~	1989
~~addiction services,~~ and other state agencies shall cooperate with	1990
the committee in its study and review of health care issues. On	1991
request, the departments shall provide the committee with reports	1992
and other information sufficient for the committee to fulfill its	1993
duties.	1994

The committee may issue recommendations as it determines	1995
appropriate. The recommendations may be made to the general	1996
assembly, state agencies, private industry, or any other entity.	1997

(B) The committee shall consist of the following members of	1998
the general assembly: the chairperson of the senate's standing	1999
committee with primary responsibility for health legislation, the	2000
chairperson of the house of representatives' standing committee	2001
with primary responsibility for health legislation, four members	2002
of the house of representatives appointed by the speaker of the	2003
house of representatives, and four members of the senate appointed	2004
by the president of the senate. Not more than two members	2005
appointed by the speaker of the house of representatives and not	2006
more than two members appointed by the president of the senate may	2007
be of the same political party. Except in 1995, appointments shall	2008
be made not later than fifteen days after the commencement of the	2009
first regular session of each general assembly. The chairpersons	2010
of the standing committees with primary responsibility for health	2011
legislation shall serve as co-chairpersons of the committee.	2012

Each member of the committee shall hold office during the	2013
general assembly in which the member is appointed and until a	2014
successor has been appointed, notwithstanding the adjournment sine	2015
die of the general assembly in which the member was appointed or	2016
the expiration of the member's term as a member of the general	2017
assembly. Any vacancies occurring among the members of the	2018
committee shall be filled in the manner of the original	2019
appointment.	2020

The committee shall meet at least quarterly and at the call	2021
of the co-chairpersons. The co-chairpersons shall determine the	2022
time, place, and agenda for each meeting of the committee.	2023

The committee has the same powers as other standing or select	2024
committees of the general assembly. The committee may request	2025
assistance from the legislative service commission.	2026

Sec. 101.391. (A) There is hereby created the joint	2027
legislative committee on medicaid technology and reform. The	2028
committee may review or study any matter that it considers	2029
relevant to the operation of the medicaid program ~~established~~	2030
~~under Chapter 5111. of the Revised Code~~, with priority given to	2031
the study or review of mechanisms to enhance the program's	2032
effectiveness through improved technology systems and program	2033
reform.	2034

(B) The committee shall consist of five members of the house	2035
of representatives appointed by the speaker of the house of	2036
representatives and five members of the senate appointed by the	2037
president of the senate. Not more than three members appointed by	2038
the speaker of the house of representatives and not more than	2039
three members appointed by the president of the senate may be of	2040
the same political party.	2041

Each member of the committee shall hold office during the	2042
general assembly in which the member is appointed and until a	2043
successor has been appointed, notwithstanding the adjournment sine	2044
die of the general assembly in which the member was appointed or	2045
the expiration of the member's term as a member of the general	2046
assembly. Any vacancies occurring among the members of the	2047
committee shall be filled in the manner of the original	2048
appointment.	2049

(C) The committee has the same powers as other standing or	2050
select committees of the general assembly. The committee may	2051
employ an executive director.	2052

Sec. 101.392. (A) As used in this section, "Affordable Care	2053
Act" means the federal "Patient Protection and Affordable Care Act	2054
of 2010," Pub. L. 111-148, 124 Stat. 119, as amended by the	2055
federal "Health Care and Education Reconciliation Act of 2010,"	2056
Pub. L. 111-152, 124 Stat. 1029, and any amendments to those acts,	2057
or any regulations or guidance issued under those acts.	2058

(B) There is hereby created the joint legislative committee	2059
on the Affordable Care Act. The committee may review or study any	2060
matter that it considers relevant to the operation and impact of	2061
the Affordable Care Act in this state.	2062

(C) The committee shall consist of three members of the house	2063
of representatives appointed by the speaker of the house of	2064
representatives, and three members of the senate appointed by the	2065
president of the senate. Two members appointed by the speaker of	2066
the house of representatives shall be from the majority party and	2067
one member shall be from the minority party, and two members	2068
appointed by the president of the senate shall be from the	2069
majority party and one member shall be from the minority party.	2070

Each member of the committee shall hold office during the	2071
general assembly in which the member is appointed and until a	2072
successor has been appointed, notwithstanding the adjournment sine	2073
die of the general assembly in which the member was appointed or	2074
the expiration of the member's term as a member of the general	2075
assembly. Any vacancies occurring among the members of the	2076
committee shall be filled in the manner of the original	2077
appointment.	2078

(D) The committee has the same powers as other standing or	2079
select committees of the general assembly. The committee may	2080
request assistance from the legislative service commission.	2081

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2082
Revised Code:	2083

(A) "Mandated benefit" means the following, when considered	2084
in the context of a sickness and accident insurance policy or a	2085
health insuring corporation policy, contract, or agreement:	2086

(1) Any required coverage for a specific medical or	2087
health-related service, treatment, medication, or practice;	2088

(2) Any required coverage for the services of specific health	2089
care providers;	2090

(3) Any requirement that an insurer or health insuring	2091
corporation offer coverage to specific individuals or groups;	2092

(4) Any requirement that an insurer or health insuring	2093
corporation offer specific medical or health-related services,	2094
treatments, medications, or practices to existing insureds or	2095
enrollees;	2096

(5) Any required expansion of, or addition to, existing	2097
coverage;	2098

(6) Any mandated reimbursement amount to specific health care	2099
providers.	2100

(B) "Mandated benefit" does not include any required coverage	2101
or offer of coverage, any required expansion of, or addition to,	2102
existing coverage, or any mandated reimbursement amount to	2103
specific providers, as described in division (A) of this section,	2104
within the context of any public health benefits arrangement,	2105
including but not limited to, the coverage of beneficiaries	2106
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2107
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2108
medicare risk contract or medicare cost contract, or to the	2109
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2110
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2111
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2112
~~the Ohio department of job and family services under Chapter 5111.~~	2113
~~of the Revised Code~~.	2114

Sec. 105.41. (A) There is hereby created in the legislative	2115
branch of government the capitol square review and advisory board,	2116
consisting of twelve members as follows:	2117

(1) Two members of the senate, appointed by the president of	2118
the senate, both of whom shall not be members of the same	2119
political party;	2120

(2) Two members of the house of representatives, appointed by	2121
the speaker of the house of representatives, both of whom shall	2122
not be members of the same political party;	2123

(3) Four members appointed by the governor, with the advice	2124
and consent of the senate, not more than three of whom shall be	2125
members of the same political party, one of whom shall be the	2126
chief of staff of the governor's office, one of whom shall	2127
represent the Ohio arts council, one of whom shall represent the	2128
Ohio historical society, and one of whom shall represent the	2129
public at large;	2130

(4) One member, who shall be a former president of the	2131
senate, appointed by the current president of the senate. If the	2132
current president of the senate, in the current president's	2133
discretion, decides for any reason not to make the appointment or	2134
if no person is eligible or available to serve, the seat shall	2135
remain vacant.	2136

(5) One member, who shall be a former speaker of the house of	2137
representatives, appointed by the current speaker of the house of	2138
representatives. If the current speaker of the house of	2139
representatives, in the current speaker's discretion, decides for	2140
any reason not to make the appointment or if no person is eligible	2141
or available to serve, the seat shall remain vacant.	2142

(6) The clerk of the senate and the clerk of the house of	2143
representatives.	2144

(B) Terms of office of each appointed member of the board	2145
shall be for three years, except that members of the general	2146
assembly appointed to the board shall be members of the board only	2147
so long as they are members of the general assembly and the chief	2148
of staff of the governor's office shall be a member of the board	2149
only so long as the appointing governor remains in office. Each	2150
member shall hold office from the date of the member's appointment	2151
until the end of the term for which the member was appointed. In	2152
case of a vacancy occurring on the board, the president of the	2153
senate, the speaker of the house of representatives, or the	2154
governor, as the case may be, shall in the same manner prescribed	2155
for the regular appointment to the commission, fill the vacancy by	2156
appointing a member. Any member appointed to fill a vacancy	2157
occurring prior to the expiration of the term for which the	2158
member's predecessor was appointed shall hold office for the	2159
remainder of the term. Any appointed member shall continue in	2160
office subsequent to the expiration date of the member's term	2161
until the member's successor takes office, or until a period of	2162
sixty days has elapsed, whichever occurs first.	2163

(C) The board shall hold meetings in a manner and at times	2164
prescribed by the rules adopted by the board. A majority of the	2165
board constitutes a quorum, and no action shall be taken by the	2166
board unless approved by at least six members or by at least seven	2167
members if a person is appointed under division (A)(4) or (5) of	2168
this section. At its first meeting, the board shall adopt rules	2169
for the conduct of its business and the election of its officers,	2170
and shall organize by selecting a chairperson and other officers	2171
as it considers necessary. Board members shall serve without	2172
compensation but shall be reimbursed for actual and necessary	2173
expenses incurred in the performance of their duties.	2174

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

2175

(1) Employ or hire on a consulting basis professional,	2176
technical, and clerical employees as are necessary for the	2177
performance of its duties. All employees of the board are in the	2178
unclassified service and serve at the pleasure of the board. For	2179
purposes of section 4117.01 of the Revised Code, employees of the	2180
board shall be considered employees of the general assembly,	2181
except that employees who are covered by a collective bargaining	2182
agreement on September 29, 2011, shall remain subject to the	2183
agreement until the agreement expires on its terms, and the	2184
agreement shall not be extended or renewed. Upon expiration of the	2185
agreement, the employees are considered employees of the general	2186
assembly for purposes of section 4117.01 of the Revised Code and	2187
are in the unclassified service and serve at the pleasure of the	2188
board.	2189

(2) Hold public hearings at times and places as determined by	2190
the board;	2191

(3) Adopt, amend, or rescind rules necessary to accomplish	2192
the duties of the board as set forth in this section;	2193

(4) Sponsor, conduct, and support such social events as the	2194
board may authorize and consider appropriate for the employees of	2195
the board, employees and members of the general assembly,	2196
employees of persons under contract with the board or otherwise	2197
engaged to perform services on the premises of capitol square, or	2198
other persons as the board may consider appropriate. Subject to	2199
the requirements of Chapter 4303. of the Revised Code, the board	2200
may provide beer, wine, and intoxicating liquor, with or without	2201
charge, for those events and may use funds only from the sale of	2202
goods and services fund to purchase the beer, wine, and	2203
intoxicating liquor the board provides;	2204

(5) Purchase a warehouse in which to store items of the	2205
capitol collection trust and, whenever necessary, equipment or	2206
other property of the board.	2207

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

2208

(1) Have sole authority to coordinate and approve any	2209
improvements, additions, and renovations that are made to the	2210
capitol square. The improvements shall include, but not be limited	2211
to, the placement of monuments and sculpture on the capitol	2212
grounds.	2213

(2) Subject to section ~~3353.07~~3333.93 of the Revised Code,	2214
operate the capitol square, and have sole authority to regulate	2215
all uses of the capitol square. The uses shall include, but not be	2216
limited to, the casual and recreational use of the capitol square.	2217

(3) Employ, fix the compensation of, and prescribe the duties	2218
of the executive director of the board and other employees the	2219
board considers necessary for the performance of its powers and	2220
duties;	2221

(4) Establish and maintain the capitol collection trust. The	2222
capitol collection trust shall consist of furniture, antiques, and	2223
other items of personal property that the board shall store in	2224
suitable facilities until they are ready to be displayed in the	2225
capitol square.	2226

(5) Perform repair, construction, contracting, purchasing,	2227
maintenance, supervisory, and operating activities the board	2228
determines are necessary for the operation and maintenance of the	2229
capitol square;	2230

(6) Maintain and preserve the capitol square, in accordance	2231
with guidelines issued by the United States secretary of the	2232
interior for application of the secretary's standards for	2233
rehabilitation adopted in 36 C.F.R. part 67;	2234

(7) Plan and develop a center at the capitol building for the	2235
purpose of educating visitors about the history of Ohio, including	2236
its political, economic, and social development and the design and	2237
erection of the capitol building and its grounds.	2238

(F)(1) The board shall lease capital facilities improved or	2239
financed by the Ohio building authority pursuant to Chapter 152.	2240
of the Revised Code for the use of the board, and may enter into	2241
any other agreements with the authority ancillary to improvement,	2242
financing, or leasing of those capital facilities, including, but	2243
not limited to, any agreement required by the applicable bond	2244
proceedings authorized by Chapter 152. of the Revised Code. Any	2245
lease of capital facilities authorized by this section shall be	2246
governed by division (D) of section 152.24 of the Revised Code.	2247

(2) Fees, receipts, and revenues received by the board from	2248
the state underground parking garage constitute available receipts	2249
as defined in section 152.09 of the Revised Code, and may be	2250
pledged to the payment of bond service charges on obligations	2251
issued by the Ohio building authority pursuant to Chapter 152. of	2252
the Revised Code to improve, finance, or purchase capital	2253
facilities useful to the board. The authority may, with the	2254
consent of the board, provide in the bond proceedings for a pledge	2255
of all or a portion of those fees, receipts, and revenues as the	2256
authority determines. The authority may provide in the bond	2257
proceedings or by separate agreement with the board for the	2258
transfer of those fees, receipts, and revenues to the appropriate	2259
bond service fund or bond service reserve fund as required to pay	2260
the bond service charges when due, and any such provision for the	2261
transfer of those fees, receipts, and revenues shall be	2262
controlling notwithstanding any other provision of law pertaining	2263
to those fees, receipts, and revenues.	2264

(3) All moneys received by the treasurer of state on account	2265
of the board and required by the applicable bond proceedings or by	2266
separate agreement with the board to be deposited, transferred, or	2267
credited to the bond service fund or bond service reserve fund	2268
established by the bond proceedings shall be transferred by the	2269
treasurer of state to such fund, whether or not it is in the	2270
custody of the treasurer of state, without necessity for further	2271
appropriation, upon receipt of notice from the Ohio building	2272
authority as prescribed in the bond proceedings.	2273

(G)(1) Except as otherwise provided in division (G)(2) of	2274
this section, all fees, receipts, and revenues received by the	2275
board from the state underground parking garage shall be deposited	2276
into the state treasury to the credit of the underground parking	2277
garage operating fund, which is hereby created, to be used for the	2278
purposes specified in division (F) of this section and for the	2279
operation and maintenance of the garage. All investment earnings	2280
of the fund shall be credited to the fund.	2281

(2) There is hereby created the parking garage automated	2282
equipment fund, which shall be in the custody of the treasurer of	2283
state but shall not be part of the state treasury. Money in the	2284
fund shall be used to purchase the automated teller machine	2285
quality dollar bills needed for operation of the parking garage	2286
automated equipment. The fund shall consist of fees, receipts, or	2287
revenues received by the board from the state underground parking	2288
garage; provided, however, that the total amount deposited into	2289
the fund at any one time shall not exceed ten thousand dollars.	2290
All investment earnings of the fund shall be credited to the fund.	2291

(H) All donations received by the board shall be deposited	2292
into the state treasury to the credit of the capitol square	2293
renovation gift fund, which is hereby created. The fund shall be	2294
used by the board as follows:	2295

(1) To provide part or all of the funding related to	2296
construction, goods, or services for the renovation of the capitol	2297
square;	2298

(2) To purchase art, antiques, and artifacts for display at	2299
the capitol square;	2300

(3) To award contracts or make grants to organizations for	2301
educating the public regarding the historical background and	2302
governmental functions of the capitol square. Chapters 125., 127.,	2303
and 153. and section 3517.13 of the Revised Code do not apply to	2304
purchases made exclusively from the fund, notwithstanding anything	2305
to the contrary in those chapters or that section. All investment	2306
earnings of the fund shall be credited to the fund.	2307

(I) Except as provided in divisions (G), (H), and (J) of this	2308
section, all fees, receipts, and revenues received by the board	2309
shall be deposited into the state treasury to the credit of the	2310
sale of goods and services fund, which is hereby created. Money	2311
credited to the fund shall be used solely to pay costs of the	2312
board other than those specified in divisions (F) and (G) of this	2313
section. All investment earnings of the fund shall be credited to	2314
the fund.	2315

(J) There is hereby created in the state treasury the capitol	2316
square improvement fund, to be used by the board to pay	2317
construction, renovation, and other costs related to the capitol	2318
square for which money is not otherwise available to the board.	2319
Whenever the board determines that there is a need to incur those	2320
costs and that the unencumbered, unobligated balance to the credit	2321
of the underground parking garage operating fund exceeds the	2322
amount needed for the purposes specified in division (F) of this	2323
section and for the operation and maintenance of the garage, the	2324
board may request the director of budget and management to	2325
transfer from the underground parking garage operating fund to the	2326
capitol square improvement fund the amount needed to pay such	2327
construction, renovation, or other costs. The director then shall	2328
transfer the amount needed from the excess balance of the	2329
underground parking garage operating fund.	2330

(K) As the operation and maintenance of the capitol square	2331
constitute essential government functions of a public purpose, the	2332
board shall not be required to pay taxes or assessments upon the	2333
square, upon any property acquired or used by the board under this	2334
section, or upon any income generated by the operation of the	2335
square.	2336

(L) As used in this section, "capitol square" means the	2337
capitol building, senate building, capitol atrium, capitol	2338
grounds, the state underground parking garage, and the warehouse	2339
owned by the board.	2340

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

2341

(N) Any person may possess a firearm in a motor vehicle in	2342
the state underground parking garage at the state capitol	2343
building, if the person's possession of the firearm in the motor	2344
vehicle is not in violation of section 2923.16 of the Revised Code	2345
or any other provision of the Revised Code. Any person may store	2346
or leave a firearm in a locked motor vehicle that is parked in the	2347
state underground parking garage at the state capitol building, if	2348
the person's transportation and possession of the firearm in the	2349
motor vehicle while traveling to the garage was not in violation	2350
of section 2923.16 of the Revised Code or any other provision of	2351
the Revised Code.	2352

Sec. 107.033. As part of the state budget the governor	2353
submits to the general assembly under section 107.03 of the	2354
Revised Code, the governor shall include the state appropriation	2355
limitations the general assembly shall not exceed when making	2356
aggregate general revenue fund appropriations for each respective	2357
fiscal year of the biennium covered by that budget. The aggregate	2358
general revenue fund appropriations the governor proposes in the	2359
state budget also shall not exceed those limitations for each	2360
respective fiscal year of the biennium covered by that budget.	2361

(A) For fiscal year 2008, the state appropriation limitation	2362
is the sum of the following:	2363

(1) The aggregate general revenue fund appropriations for	2364
fiscal year 2007; plus	2365

(2) The aggregate general revenue fund appropriations for	2366
fiscal year 2007 multiplied by either three and one-half per cent,	2367
or the sum of the rate of inflation plus the rate of population	2368
change, whichever is greater.	2369

(B) For each fiscal year thereafter that is not a recast	2370
fiscal year, the state appropriation limitation is the sum of the	2371
following:	2372

(1) The state appropriation limitation for the previous	2373
fiscal year; plus	2374

(2) The state appropriation limitation for the previous	2375
fiscal year multiplied by either three and one-half per cent, or	2376
the sum of the rate of inflation plus the rate of population	2377
change, whichever is greater.	2378

(C) For each recast fiscal year, the state appropriation	2379
limitation is the sum of the following:	2380

(1) The aggregate general revenue fund appropriations for the	2381
previous fiscal year; plus	2382

(2) The aggregate general revenue fund appropriations for the	2383
previous fiscal year multiplied by either three and one-half per	2384
cent, or the sum of the rate of inflation plus the rate of	2385
population change, whichever is greater.	2386

(D) The state appropriation limitation for a fiscal year	2387
shall be increased by the amount of a nongeneral revenue fund	2388
appropriation made in the immediately preceding fiscal year, if	2389
all of the following apply to the nongeneral revenue fund	2390
appropriation:	2391

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

2392

(2) It is included in the aggregate general revenue fund	2393
appropriations proposed for that fiscal year.	2394

(3) It is being made for the first time from the general	2395
revenue fund.	2396

Sec. 107.12. (A) As used in this section, "organization"	2397
means a faith-based or other organization that is exempt from	2398
federal income taxation under section 501(c)(3) of the "Internal	2399
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2400
and provides charitable services to needy residents of this state.	2401

(B) There is hereby established within the office of the	2402
governor the governor's office of faith-based and community	2403
initiatives. The office shall:	2404

(1) Serve as a clearinghouse of information on federal,	2405
state, and local funding for charitable services performed by	2406
organizations;	2407

(2) Encourage organizations to seek public funding for their	2408
charitable services;	2409

(3) Assist local, state, and federal agencies in coordinating	2410
their activities to secure maximum use of funds and efforts that	2411
benefit people receiving charitable services from organizations;	2412

(4) Advise the governor, general assembly, and the advisory	2413
board of the governor's office of faith-based and community	2414
initiatives on the barriers that exist to collaboration between	2415
organizations and governmental entities and on ways to remove the	2416
barriers.	2417

(C) The governor shall appoint an executive director and such	2418
other staff as may be necessary to manage the office and perform	2419
or oversee the performance of the duties of the office. Within	2420
sixty days after being appointed, and every twelve months	2421
thereafter, the executive director shall distribute to the	2422
advisory board and review with the board a strategic plan. The	2423
executive director shall report to the board at least quarterly on	2424
proposed initiatives and policies. A report shall include the	2425
condition of the budget and the finances of the office.	2426

(D)(1) There is hereby created the advisory board of the	2427
governor's office of faith-based and community initiatives. The	2428
board shall consist of the following members:	2429

(a) The directors of aging, ~~alcohol and drug addiction~~	2430
~~services,~~ rehabilitation and correction, health, job and family	2431
services, developmental disabilities, ~~mental health~~mental health	2432
and addiction services, and youth services, or their designees;	2433

(b) The speaker of the house of representatives shall appoint	2434
to the board two members of the house of representatives, not more	2435
than one of whom shall be from the same political party and at	2436
least one of whom shall be from the legislative black caucus. The	2437
president of the senate shall appoint to the board two members of	2438
the senate, not more than one of whom shall be from the same	2439
political party.	2440

(c) The governor, the speaker of the house of	2441
representatives, and the president of the senate shall each	2442
appoint to the board three representatives of the nonprofit,	2443
faith-based and other nonprofit community.	2444

(2) Terms of the office shall be one year. Any vacancy that	2445
occurs on the board shall be filled in the same manner as the	2446
original appointment.	2447

(3) Members of the board are not entitled to compensation,	2448
but the members appointed by the governor, the speaker of the	2449
house of representatives, and the president of the senate who are	2450
representatives of the nonprofit, faith-based and other nonprofit	2451
community shall be reimbursed for their actual and necessary	2452
expenses that are incurred in relation to board meetings.	2453

(4) The board shall be presided over by a chairperson and a	2454
vice-chairperson, who shall be the members of the board who are	2455
also members of the house of representatives or the senate.	2456
Annually on the first day of January, the chairpersonship and	2457
vice-chairpersonship shall alternate between the members of the	2458
house of representatives and the senate.	2459

(E) The board shall have the following duties:

2460

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

2461

(2) Assist in the dissemination of information about, and in	2462
the stimulation of public awareness of, the service programs	2463
supported by the office;	2464

(3) Review the budget and finances of the office, proposed	2465
initiatives and policies, and the executive director's annual	2466
strategic plan at board meetings;	2467

(4) Provide feedback for and proposed modifications of the	2468
executive director's strategic plan. Within forty-five days after	2469
submitting a strategic plan, the executive director shall contact	2470
each advisory board member to obtain feedback. With the approval	2471
of the advisory board chairperson, the executive director shall	2472
lead a strategic plan discussion at the first board meeting	2473
following the distribution of the strategic plan.	2474

(5) Publish a report of its activities and accomplishments on	2475
or before the first day of August of each year, and deliver copies	2476
of the report to the governor, the speaker and minority leader of	2477
the house of representatives, and the president and minority	2478
leader of the senate.	2479

(F) No member of the board or organization that the member is	2480
affiliated or involved with is eligible to receive any grant that	2481
the office administers or assists in administering.	2482

Sec. 109.06. Before entering upon the discharge of the	2483
duties of ~~his~~ office, the attorney general shall give a bond to	2484
the state in the sum of five thousand dollars, with ~~two or more~~	2485
~~sureties approved by the governor~~a surety authorized to do	2486
business in the state, conditioned for the faithful discharge of	2487
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2488
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2489
~~thereon,~~ shall be deposited with and kept by the secretary of	2490
state ~~and kept~~ in ~~his~~the secretary of state's office.	2491

The first assistant attorney general shall give a bond to the	2492
state in the sum of five thousand dollars, and such other	2493
employees as are designated by the attorney general shall give a	2494
bond to the state in such amounts as the attorney general	2495
determines. Such bonds shall be approved by the attorney general,	2496
conditioned for the faithful discharge of the duties of their	2497
offices, and shall be deposited with and kept by the secretary of	2498
state ~~and kept~~ in ~~his~~the secretary of state's office.	2499

Sec. 109.36. As used in this section and sections 109.361 to	2500
109.366 of the Revised Code:	2501

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

2502

(a) A person who, at the time a cause of action against the	2503
person arises, is serving in an elected or appointed office or	2504
position with the state or is employed by the state.	2505

(b) A person that, at the time a cause of action against the	2506
person, partnership, or corporation arises, is rendering medical,	2507
nursing, dental, podiatric, optometric, physical therapeutic,	2508
psychiatric, or psychological services pursuant to a personal	2509
services contract or purchased service contract with a department,	2510
agency, or institution of the state.	2511

(c) A person that, at the time a cause of action against the	2512
person, partnership, or corporation arises, is rendering peer	2513
review, utilization review, or drug utilization review services in	2514
relation to medical, nursing, dental, podiatric, optometric,	2515
physical therapeutic, psychiatric, or psychological services	2516
pursuant to a personal services contract or purchased service	2517
contract with a department, agency, or institution of the state.	2518

(d) A person who, at the time a cause of action against the	2519
person arises, is rendering medical, nursing, dental, podiatric,	2520
optometric, physical therapeutic, psychiatric, or psychological	2521
services to patients in a state institution operated by the	2522
department of ~~mental health~~mental health and addiction services	2523
pursuant to an agreement with the department.	2524

(2) "Officer or employee" does not include any person	2525
elected, appointed, or employed by any political subdivision of	2526
the state.	2527

(B) "State" means the state of Ohio, including but not	2528
limited to, the general assembly, the supreme court, courts of	2529
appeals, the offices of all elected state officers, and all	2530
departments, boards, offices, commissions, agencies, institutions,	2531
and other instrumentalities of the state of Ohio. "State" does not	2532
include political subdivisions.	2533

(C) "Political subdivisions" of the state means municipal	2534
corporations, townships, counties, school districts, and all other	2535
bodies corporate and politic responsible for governmental	2536
activities only in geographical areas smaller than that of the	2537
state.	2538

(D) "Employer" means the general assembly, the supreme court,	2539
courts of appeals, any office of an elected state officer, or any	2540
department, board, office, commission, agency, institution, or	2541
other instrumentality of the state of Ohio that employs or	2542
contracts with an officer or employee or to which an officer or	2543
employee is elected or appointed.	2544

Sec. 109.57. (A)(1) The superintendent of the bureau of	2545
criminal identification and investigation shall procure from	2546
wherever procurable and file for record photographs, pictures,	2547
descriptions, fingerprints, measurements, and other information	2548
that may be pertinent of all persons who have been convicted of	2549
committing within this state a felony, any crime constituting a	2550
misdemeanor on the first offense and a felony on subsequent	2551
offenses, or any misdemeanor described in division (A)(1)(a),	2552
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2553
all children under eighteen years of age who have been adjudicated	2554
delinquent children for committing within this state an act that	2555
would be a felony or an offense of violence if committed by an	2556
adult or who have been convicted of or pleaded guilty to	2557
committing within this state a felony or an offense of violence,	2558
and of all well-known and habitual criminals. The person in charge	2559
of any county, multicounty, municipal, municipal-county, or	2560
multicounty-municipal jail or workhouse, community-based	2561
correctional facility, halfway house, alternative residential	2562
facility, or state correctional institution and the person in	2563
charge of any state institution having custody of a person	2564
suspected of having committed a felony, any crime constituting a	2565
misdemeanor on the first offense and a felony on subsequent	2566
offenses, or any misdemeanor described in division (A)(1)(a),	2567
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2568
having custody of a child under eighteen years of age with respect	2569
to whom there is probable cause to believe that the child may have	2570
committed an act that would be a felony or an offense of violence	2571
if committed by an adult shall furnish such material to the	2572
superintendent of the bureau. Fingerprints, photographs, or other	2573
descriptive information of a child who is under eighteen years of	2574
age, has not been arrested or otherwise taken into custody for	2575
committing an act that would be a felony or an offense of violence	2576
who is not in any other category of child specified in this	2577
division, if committed by an adult, has not been adjudicated a	2578
delinquent child for committing an act that would be a felony or	2579
an offense of violence if committed by an adult, has not been	2580
convicted of or pleaded guilty to committing a felony or an	2581
offense of violence, and is not a child with respect to whom there	2582
is probable cause to believe that the child may have committed an	2583
act that would be a felony or an offense of violence if committed	2584
by an adult shall not be procured by the superintendent or	2585
furnished by any person in charge of any county, multicounty,	2586
municipal, municipal-county, or multicounty-municipal jail or	2587
workhouse, community-based correctional facility, halfway house,	2588
alternative residential facility, or state correctional	2589
institution, except as authorized in section 2151.313 of the	2590
Revised Code.	2591

(2) Every clerk of a court of record in this state, other	2592
than the supreme court or a court of appeals, shall send to the	2593
superintendent of the bureau a weekly report containing a summary	2594
of each case involving a felony, involving any crime constituting	2595
a misdemeanor on the first offense and a felony on subsequent	2596
offenses, involving a misdemeanor described in division (A)(1)(a),	2597
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	2598
involving an adjudication in a case in which a child under	2599
eighteen years of age was alleged to be a delinquent child for	2600
committing an act that would be a felony or an offense of violence	2601
if committed by an adult. The clerk of the court of common pleas	2602
shall include in the report and summary the clerk sends under this	2603
division all information described in divisions (A)(2)(a) to (f)	2604
of this section regarding a case before the court of appeals that	2605
is served by that clerk. The summary shall be written on the	2606
standard forms furnished by the superintendent pursuant to	2607
division (B) of this section and shall include the following	2608
information:	2609

(a) The incident tracking number contained on the standard	2610
forms furnished by the superintendent pursuant to division (B) of	2611
this section;	2612

(b) The style and number of the case;

2613

2614

(d) The date that the person was convicted of or pleaded	2615
guilty to the offense, adjudicated a delinquent child for	2616
committing the act that would be a felony or an offense of	2617
violence if committed by an adult, found not guilty of the	2618
offense, or found not to be a delinquent child for committing an	2619
act that would be a felony or an offense of violence if committed	2620
by an adult, the date of an entry dismissing the charge, an entry	2621
declaring a mistrial of the offense in which the person is	2622
discharged, an entry finding that the person or child is not	2623
competent to stand trial, or an entry of a nolle prosequi, or the	2624
date of any other determination that constitutes final resolution	2625
of the case;	2626

(e) A statement of the original charge with the section of	2627
the Revised Code that was alleged to be violated;	2628

(f) If the person or child was convicted, pleaded guilty, or	2629
was adjudicated a delinquent child, the sentence or terms of	2630
probation imposed or any other disposition of the offender or the	2631
delinquent child.	2632

If the offense involved the disarming of a law enforcement	2633
officer or an attempt to disarm a law enforcement officer, the	2634
clerk shall clearly state that fact in the summary, and the	2635
superintendent shall ensure that a clear statement of that fact is	2636
placed in the bureau's records.	2637

(3) The superintendent shall cooperate with and assist	2638
sheriffs, chiefs of police, and other law enforcement officers in	2639
the establishment of a complete system of criminal identification	2640
and in obtaining fingerprints and other means of identification of	2641
all persons arrested on a charge of a felony, any crime	2642
constituting a misdemeanor on the first offense and a felony on	2643
subsequent offenses, or a misdemeanor described in division	2644
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	2645
Revised Code and of all children under eighteen years of age	2646
arrested or otherwise taken into custody for committing an act	2647
that would be a felony or an offense of violence if committed by	2648
an adult. The superintendent also shall file for record the	2649
fingerprint impressions of all persons confined in a county,	2650
multicounty, municipal, municipal-county, or multicounty-municipal	2651
jail or workhouse, community-based correctional facility, halfway	2652
house, alternative residential facility, or state correctional	2653
institution for the violation of state laws and of all children	2654
under eighteen years of age who are confined in a county,	2655
multicounty, municipal, municipal-county, or multicounty-municipal	2656
jail or workhouse, community-based correctional facility, halfway	2657
house, alternative residential facility, or state correctional	2658
institution or in any facility for delinquent children for	2659
committing an act that would be a felony or an offense of violence	2660
if committed by an adult, and any other information that the	2661
superintendent may receive from law enforcement officials of the	2662
state and its political subdivisions.	2663

(4) The superintendent shall carry out Chapter 2950. of the	2664
Revised Code with respect to the registration of persons who are	2665
convicted of or plead guilty to a sexually oriented offense or a	2666
child-victim oriented offense and with respect to all other duties	2667
imposed on the bureau under that chapter.	2668

(5) The bureau shall perform centralized recordkeeping	2669
functions for criminal history records and services in this state	2670
for purposes of the national crime prevention and privacy compact	2671
set forth in section 109.571 of the Revised Code and is the	2672
criminal history record repository as defined in that section for	2673
purposes of that compact. The superintendent or the	2674
superintendent's designee is the compact officer for purposes of	2675
that compact and shall carry out the responsibilities of the	2676
compact officer specified in that compact.	2677

(B) The superintendent shall prepare and furnish to every	2678
county, multicounty, municipal, municipal-county, or	2679
multicounty-municipal jail or workhouse, community-based	2680
correctional facility, halfway house, alternative residential	2681
facility, or state correctional institution and to every clerk of	2682
a court in this state specified in division (A)(2) of this section	2683
standard forms for reporting the information required under	2684
division (A) of this section. The standard forms that the	2685
superintendent prepares pursuant to this division may be in a	2686
tangible format, in an electronic format, or in both tangible	2687
formats and electronic formats.	2688

(C)(1) The superintendent may operate a center for	2689
electronic, automated, or other data processing for the storage	2690
and retrieval of information, data, and statistics pertaining to	2691
criminals and to children under eighteen years of age who are	2692
adjudicated delinquent children for committing an act that would	2693
be a felony or an offense of violence if committed by an adult,	2694
criminal activity, crime prevention, law enforcement, and criminal	2695
justice, and may establish and operate a statewide communications	2696
network to be known as the Ohio law enforcement gateway to gather	2697
and disseminate information, data, and statistics for the use of	2698
law enforcement agencies and for other uses specified in this	2699
division. The superintendent may gather, store, retrieve, and	2700
disseminate information, data, and statistics that pertain to	2701
children who are under eighteen years of age and that are gathered	2702
pursuant to sections 109.57 to 109.61 of the Revised Code together	2703
with information, data, and statistics that pertain to adults and	2704
that are gathered pursuant to those sections.	2705

(2) The superintendent or the superintendent's designee shall	2706
gather information of the nature described in division (C)(1) of	2707
this section that pertains to the offense and delinquency history	2708
of a person who has been convicted of, pleaded guilty to, or been	2709
adjudicated a delinquent child for committing a sexually oriented	2710
offense or a child-victim oriented offense for inclusion in the	2711
state registry of sex offenders and child-victim offenders	2712
maintained pursuant to division (A)(1) of section 2950.13 of the	2713
Revised Code and in the internet database operated pursuant to	2714
division (A)(13) of that section and for possible inclusion in the	2715
internet database operated pursuant to division (A)(11) of that	2716
section.	2717

(3) In addition to any other authorized use of information,	2718
data, and statistics of the nature described in division (C)(1) of	2719
this section, the superintendent or the superintendent's designee	2720
may provide and exchange the information, data, and statistics	2721
pursuant to the national crime prevention and privacy compact as	2722
described in division (A)(5) of this section.	2723

(4) The attorney general may adopt rules under Chapter 119.	2724
of the Revised Code establishing guidelines for the operation of	2725
and participation in the Ohio law enforcement gateway. The rules	2726
may include criteria for granting and restricting access to	2727
information gathered and disseminated through the Ohio law	2728
enforcement gateway. The attorney general shall permit the state	2729
medical board and board of nursing to access and view, but not	2730
alter, information gathered and disseminated through the Ohio law	2731
enforcement gateway.	2732

The attorney general may appoint a steering committee to	2733
advise the attorney general in the operation of the Ohio law	2734
enforcement gateway that is comprised of persons who are	2735
representatives of the criminal justice agencies in this state	2736
that use the Ohio law enforcement gateway and is chaired by the	2737
superintendent or the superintendent's designee.	2738

(D)(1) The following are not public records under section	2739
149.43 of the Revised Code:	2740

(a) Information and materials furnished to the superintendent	2741
pursuant to division (A) of this section;	2742

(b) Information, data, and statistics gathered or	2743
disseminated through the Ohio law enforcement gateway pursuant to	2744
division (C)(1) of this section;	2745

(c) Information and materials furnished to any board or	2746
person under division (F) or (G) of this section.	2747

(2) The superintendent or the superintendent's designee shall	2748
gather and retain information so furnished under division (A) of	2749
this section that pertains to the offense and delinquency history	2750
of a person who has been convicted of, pleaded guilty to, or been	2751
adjudicated a delinquent child for committing a sexually oriented	2752
offense or a child-victim oriented offense for the purposes	2753
described in division (C)(2) of this section.	2754

(E)(1) The attorney general shall adopt rules, in accordance	2755
with Chapter 119. of the Revised Code and subject to division	2756
(E)(2) of this section, setting forth the procedure by which a	2757
person may receive or release information gathered by the	2758
superintendent pursuant to division (A) of this section. A	2759
reasonable fee may be charged for this service. If a temporary	2760
employment service submits a request for a determination of	2761
whether a person the service plans to refer to an employment	2762
position has been convicted of or pleaded guilty to an offense	2763
listed or described in division (A)(1), (2), or (3) of section	2764
109.572 of the Revised Code, the request shall be treated as a	2765
single request and only one fee shall be charged.	2766

(2) Except as otherwise provided in this division, a rule	2767
adopted under division (E)(1) of this section may provide only for	2768
the release of information gathered pursuant to division (A) of	2769
this section that relates to the conviction of a person, or a	2770
person's plea of guilty to, a criminal offense. The superintendent	2771
shall not release, and the attorney general shall not adopt any	2772
rule under division (E)(1) of this section that permits the	2773
release of, any information gathered pursuant to division (A) of	2774
this section that relates to an adjudication of a child as a	2775
delinquent child, or that relates to a criminal conviction of a	2776
person under eighteen years of age if the person's case was	2777
transferred back to a juvenile court under division (B)(2) or (3)	2778
of section 2152.121 of the Revised Code and the juvenile court	2779
imposed a disposition or serious youthful offender disposition	2780
upon the person under either division, unless either of the	2781
following applies with respect to the adjudication or conviction:	2782

(a) The adjudication or conviction was for a violation of	2783
section 2903.01 or 2903.02 of the Revised Code.	2784

(b) The adjudication or conviction was for a sexually	2785
oriented offense, the juvenile court was required to classify the	2786
child a juvenile offender registrant for that offense under	2787
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	2788
classification has not been removed.	2789

(F)(1) As used in division (F)(2) of this section, "head	2790
start agency" means an entity in this state that has been approved	2791
to be an agency for purposes of subchapter II of the "Community	2792
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2793
as amended.	2794

(2)(a) In addition to or in conjunction with any request that	2795
is required to be made under section 109.572, 2151.86, 3301.32,	2796
3301.541, division (C) of section 3310.58, or section 3319.39,	2797
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	2798
5153.111 of the Revised Code or that is made under section	2799
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	2800
board of education of any school district; the director of	2801
developmental disabilities; any county board of developmental	2802
disabilities; any provider or subcontractor as defined in section	2803
5123.081 of the Revised Code; the chief administrator of any	2804
chartered nonpublic school; the chief administrator of a	2805
registered private provider that is not also a chartered nonpublic	2806
school; the chief administrator of any home health agency; the	2807
chief administrator of or person operating any child day-care	2808
center, type A family day-care home, or type B family day-care	2809
home licensed or certified under Chapter 5104. of the Revised	2810
Code; the administrator of any type C family day-care home	2811
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	2812
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	2813
general assembly; the chief administrator of any head start	2814
agency; the executive director of a public children services	2815
agency; a private company described in section 3314.41, 3319.392,	2816
3326.25, or 3328.20 of the Revised Code; or an employer described	2817
in division (J)(2) of section 3327.10 of the Revised Code may	2818
request that the superintendent of the bureau investigate and	2819
determine, with respect to any individual who has applied for	2820
employment in any position after October 2, 1989, or any	2821
individual wishing to apply for employment with a board of	2822
education may request, with regard to the individual, whether the	2823
bureau has any information gathered under division (A) of this	2824
section that pertains to that individual. On receipt of the	2825
request, subject to division (E)(2) of this section, the	2826
superintendent shall determine whether that information exists	2827
and, upon request of the person, board, or entity requesting	2828
information, also shall request from the federal bureau of	2829
investigation any criminal records it has pertaining to that	2830
individual. The superintendent or the superintendent's designee	2831
also may request criminal history records from other states or the	2832
federal government pursuant to the national crime prevention and	2833
privacy compact set forth in section 109.571 of the Revised Code.	2834
Within thirty days of the date that the superintendent receives a	2835
request, subject to division (E)(2) of this section, the	2836
superintendent shall send to the board, entity, or person a report	2837
of any information that the superintendent determines exists,	2838
including information contained in records that have been sealed	2839
under section 2953.32 of the Revised Code, and, within thirty days	2840
of its receipt, subject to division (E)(2) of this section, shall	2841
send the board, entity, or person a report of any information	2842
received from the federal bureau of investigation, other than	2843
information the dissemination of which is prohibited by federal	2844
law.	2845

(b) When a board of education or a registered private	2846
provider is required to receive information under this section as	2847
a prerequisite to employment of an individual pursuant to division	2848
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	2849
may accept a certified copy of records that were issued by the	2850
bureau of criminal identification and investigation and that are	2851
presented by an individual applying for employment with the	2852
district in lieu of requesting that information itself. In such a	2853
case, the board shall accept the certified copy issued by the	2854
bureau in order to make a photocopy of it for that individual's	2855
employment application documents and shall return the certified	2856
copy to the individual. In a case of that nature, a district or	2857
provider only shall accept a certified copy of records of that	2858
nature within one year after the date of their issuance by the	2859
bureau.	2860

(c) Notwithstanding division (F)(2)(a) of this section, in	2861
the case of a request under section 3319.39, 3319.391, or 3327.10	2862
of the Revised Code only for criminal records maintained by the	2863
federal bureau of investigation, the superintendent shall not	2864
determine whether any information gathered under division (A) of	2865
this section exists on the person for whom the request is made.	2866

(3) The state board of education may request, with respect to	2867
any individual who has applied for employment after October 2,	2868
1989, in any position with the state board or the department of	2869
education, any information that a school district board of	2870
education is authorized to request under division (F)(2) of this	2871
section, and the superintendent of the bureau shall proceed as if	2872
the request has been received from a school district board of	2873
education under division (F)(2) of this section.	2874

(4) When the superintendent of the bureau receives a request	2875
for information under section 3319.291 of the Revised Code, the	2876
superintendent shall proceed as if the request has been received	2877
from a school district board of education and shall comply with	2878
divisions (F)(2)(a) and (c) of this section.	2879

(5) When a recipient of a classroom reading improvement grant	2880
paid under section 3301.86 of the Revised Code requests, with	2881
respect to any individual who applies to participate in providing	2882
any program or service funded in whole or in part by the grant,	2883
the information that a school district board of education is	2884
authorized to request under division (F)(2)(a) of this section,	2885
the superintendent of the bureau shall proceed as if the request	2886
has been received from a school district board of education under	2887
division (F)(2)(a) of this section.	2888

(G) In addition to or in conjunction with any request that is	2889
required to be made under section 3701.881, 3712.09, or 3721.121	2890
of the Revised Code with respect to an individual who has applied	2891
for employment in a position that involves providing direct care	2892
to an older adult or adult resident, the chief administrator of a	2893
home health agency, hospice care program, home licensed under	2894
Chapter 3721. of the Revised Code, or adult day-care program	2895
operated pursuant to rules adopted under section 3721.04 of the	2896
Revised Code may request that the superintendent of the bureau	2897
investigate and determine, with respect to any individual who has	2898
applied after January 27, 1997, for employment in a position that	2899
does not involve providing direct care to an older adult or adult	2900
resident, whether the bureau has any information gathered under	2901
division (A) of this section that pertains to that individual.	2902

In addition to or in conjunction with any request that is	2903
required to be made under section 173.27 of the Revised Code with	2904
respect to an individual who has applied for employment in a	2905
position that involves providing ombudsperson services to	2906
residents of long-term care facilities or recipients of	2907
community-based long-term care services, the state long-term care	2908
ombudsperson, ~~ombudsperson's designee, or~~the director of ~~health~~	2909
aging, a regional long-term care ombudsperson, or the designee of	2910
the ombudsperson, director, or program may request that the	2911
superintendent investigate and determine, with respect to any	2912
individual who has applied for employment in a position that does	2913
not involve providing such ombudsperson services, whether the	2914
bureau has any information gathered under division (A) of this	2915
section that pertains to that applicant.	2916

In addition to or in conjunction with any request that is	2917
required to be made under section ~~173.394~~173.38 of the Revised	2918
Code with respect to an individual who has applied for employment	2919
in a direct-care position ~~that involves providing direct care to~~	2920
~~an individual~~, the chief administrator of a ~~community-based~~	2921
~~long-term care agency~~provider, as defined in section 173.39 of	2922
the Revised Code, may request that the superintendent investigate	2923
and determine, with respect to any individual who has applied for	2924
employment in a position that ~~does~~is not ~~involve providing direct~~	2925
~~care~~a direct-care position, whether the bureau has any	2926
information gathered under division (A) of this section that	2927
pertains to that applicant.	2928

In addition to or in conjunction with any request that is	2929
required to be made under section 3712.09 of the Revised Code with	2930
respect to an individual who has applied for employment in a	2931
position that involves providing direct care to a pediatric	2932
respite care patient, the chief administrator of a pediatric	2933
respite care program may request that the superintendent of the	2934
bureau investigate and determine, with respect to any individual	2935
who has applied for employment in a position that does not involve	2936
providing direct care to a pediatric respite care patient, whether	2937
the bureau has any information gathered under division (A) of this	2938
section that pertains to that individual.	2939

On receipt of a request under this division, the	2940
superintendent shall determine whether that information exists	2941
and, on request of the individual requesting information, shall	2942
also request from the federal bureau of investigation any criminal	2943
records it has pertaining to the applicant. The superintendent or	2944
the superintendent's designee also may request criminal history	2945
records from other states or the federal government pursuant to	2946
the national crime prevention and privacy compact set forth in	2947
section 109.571 of the Revised Code. Within thirty days of the	2948
date a request is received, subject to division (E)(2) of this	2949
section, the superintendent shall send to the requester a report	2950
of any information determined to exist, including information	2951
contained in records that have been sealed under section 2953.32	2952
of the Revised Code, and, within thirty days of its receipt, shall	2953
send the requester a report of any information received from the	2954
federal bureau of investigation, other than information the	2955
dissemination of which is prohibited by federal law.	2956

(H) Information obtained by a government entity or person	2957
under this section is confidential and shall not be released or	2958
disseminated.	2959

(I) The superintendent may charge a reasonable fee for	2960
providing information or criminal records under division (F)(2) or	2961
(G) of this section.	2962

(J) As used in this section:

2963

(1) "Pediatric respite care program" and "pediatric respite	2964
care patient" have the same meanings as in section 3712.01 of the	2965
Revised Code.	2966

(2) "Sexually oriented offense" and "child-victim oriented	2967
offense" have the same meanings as in section 2950.01 of the	2968
Revised Code.	2969

(3) "Registered private provider" means a nonpublic school or	2970
entity registered with the superintendent of public instruction	2971
under section 3310.41 of the Revised Code to participate in the	2972
autism scholarship program or section 3310.58 of the Revised Code	2973
to participate in the Jon Peterson special needs scholarship	2974
program.	2975

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	2976
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	2977
a completed form prescribed pursuant to division (C)(1) of this	2978
section, and a set of fingerprint impressions obtained in the	2979
manner described in division (C)(2) of this section, the	2980
superintendent of the bureau of criminal identification and	2981
investigation shall conduct a criminal records check in the manner	2982
described in division (B) of this section to determine whether any	2983
information exists that indicates that the person who is the	2984
subject of the request previously has been convicted of or pleaded	2985
guilty to any of the following:	2986

(a) A violation of section 2903.01, 2903.02, 2903.03,	2987
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2988
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2989
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2990
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2991
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2992
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2993
2925.06, or 3716.11 of the Revised Code, felonious sexual	2994
penetration in violation of former section 2907.12 of the Revised	2995
Code, a violation of section 2905.04 of the Revised Code as it	2996
existed prior to July 1, 1996, a violation of section 2919.23 of	2997
the Revised Code that would have been a violation of section	2998
2905.04 of the Revised Code as it existed prior to July 1, 1996,	2999
had the violation been committed prior to that date, or a	3000
violation of section 2925.11 of the Revised Code that is not a	3001
minor drug possession offense;	3002

(b) A violation of an existing or former law of this state,	3003
any other state, or the United States that is substantially	3004
equivalent to any of the offenses listed in division (A)(1)(a) of	3005
this section;	3006

(c) If the request is made pursuant to section 3319.39 of the	3007
Revised Code for an applicant who is a teacher, any offense	3008
specified in section 3319.31 of the Revised Code.	3009

(2) On receipt of a request pursuant to section 3712.09 or	3010
3721.121 of the Revised Code, a completed form prescribed pursuant	3011
to division (C)(1) of this section, and a set of fingerprint	3012
impressions obtained in the manner described in division (C)(2) of	3013
this section, the superintendent of the bureau of criminal	3014
identification and investigation shall conduct a criminal records	3015
check with respect to any person who has applied for employment in	3016
a position for which a criminal records check is required by those	3017
sections. The superintendent shall conduct the criminal records	3018
check in the manner described in division (B) of this section to	3019
determine whether any information exists that indicates that the	3020
person who is the subject of the request previously has been	3021
convicted of or pleaded guilty to any of the following:	3022

(a) A violation of section 2903.01, 2903.02, 2903.03,	3023
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3024
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3025
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3026
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3027
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3028
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3029
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3030
2925.22, 2925.23, or 3716.11 of the Revised Code;	3031

(b) An existing or former law of this state, any other state,	3032
or the United States that is substantially equivalent to any of	3033
the offenses listed in division (A)(2)(a) of this section.	3034

(3) On receipt of a request pursuant to section 173.27,	3035
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3036
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3037
completed form prescribed pursuant to division (C)(1) of this	3038
section, and a set of fingerprint impressions obtained in the	3039
manner described in division (C)(2) of this section, the	3040
superintendent of the bureau of criminal identification and	3041
investigation shall conduct a criminal records check of the person	3042
for whom the request is made. The superintendent shall conduct the	3043
criminal records check in the manner described in division (B) of	3044
this section to determine whether any information exists that	3045
indicates that the person who is the subject of the request	3046
previously has been convicted of, has pleaded guilty to, or	3047
(except in the case of a request pursuant to section 5164.34,	3048
5164.341, or 5164.342 of the Revised Code) has been found eligible	3049
for intervention in lieu of conviction for any of the following,	3050
regardless of the date of the conviction, the date of entry of the	3051
guilty plea, or (except in the case of a request pursuant to	3052
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3053
date the person was found eligible for intervention in lieu of	3054
conviction:	3055

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3056
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3057
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3058
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3059
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3060
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3061
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3062
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3063
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3064
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3065
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3066
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3067
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3068
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3069
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3070
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3071
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3072
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3073
2927.12, or 3716.11 of the Revised Code;	3074

(b) Felonious sexual penetration in violation of former	3075
section 2907.12 of the Revised Code;	3076

(c) A violation of section 2905.04 of the Revised Code as it	3077
existed prior to July 1, 1996;	3078

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3079
the Revised Code when the underlying offense that is the object of	3080
the conspiracy, attempt, or complicity is one of the offenses	3081
listed in divisions (A)(3)(a) to (c) of this section;	3082

(e) A violation of an existing or former municipal ordinance	3083
or law of this state, any other state, or the United States that	3084
is substantially equivalent to any of the offenses listed in	3085
divisions (A)(3)(a) to (d) of this section.	3086

(4) On receipt of a request pursuant to section 2151.86 of	3087
the Revised Code, a completed form prescribed pursuant to division	3088
(C)(1) of this section, and a set of fingerprint impressions	3089
obtained in the manner described in division (C)(2) of this	3090
section, the superintendent of the bureau of criminal	3091
identification and investigation shall conduct a criminal records	3092
check in the manner described in division (B) of this section to	3093
determine whether any information exists that indicates that the	3094
person who is the subject of the request previously has been	3095
convicted of or pleaded guilty to any of the following:	3096

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3097
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3098
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3099
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3100
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3101
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3102
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3103
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3104
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3105
of the Revised Code, a violation of section 2905.04 of the Revised	3106
Code as it existed prior to July 1, 1996, a violation of section	3107
2919.23 of the Revised Code that would have been a violation of	3108
section 2905.04 of the Revised Code as it existed prior to July 1,	3109
1996, had the violation been committed prior to that date, a	3110
violation of section 2925.11 of the Revised Code that is not a	3111
minor drug possession offense, two or more OVI or OVUAC violations	3112
committed within the three years immediately preceding the	3113
submission of the application or petition that is the basis of the	3114
request, or felonious sexual penetration in violation of former	3115
section 2907.12 of the Revised Code;	3116

(b) A violation of an existing or former law of this state,	3117
any other state, or the United States that is substantially	3118
equivalent to any of the offenses listed in division (A)(4)(a) of	3119
this section.	3120

(5) Upon receipt of a request pursuant to section 5104.012 or	3121
5104.013 of the Revised Code, a completed form prescribed pursuant	3122
to division (C)(1) of this section, and a set of fingerprint	3123
impressions obtained in the manner described in division (C)(2) of	3124
this section, the superintendent of the bureau of criminal	3125
identification and investigation shall conduct a criminal records	3126
check in the manner described in division (B) of this section to	3127
determine whether any information exists that indicates that the	3128
person who is the subject of the request has been convicted of or	3129
pleaded guilty to any of the following:	3130

(a) A violation of section 2903.01, 2903.02, 2903.03,	3131
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3132
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3133
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3134
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3135
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3136
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3137
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3138
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3139
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3140
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3141
3716.11 of the Revised Code, felonious sexual penetration in	3142
violation of former section 2907.12 of the Revised Code, a	3143
violation of section 2905.04 of the Revised Code as it existed	3144
prior to July 1, 1996, a violation of section 2919.23 of the	3145
Revised Code that would have been a violation of section 2905.04	3146
of the Revised Code as it existed prior to July 1, 1996, had the	3147
violation been committed prior to that date, a violation of	3148
section 2925.11 of the Revised Code that is not a minor drug	3149
possession offense, a violation of section 2923.02 or 2923.03 of	3150
the Revised Code that relates to a crime specified in this	3151
division, or a second violation of section 4511.19 of the Revised	3152
Code within five years of the date of application for licensure or	3153
certification.	3154

(b) A violation of an existing or former law of this state,	3155
any other state, or the United States that is substantially	3156
equivalent to any of the offenses or violations described in	3157
division (A)(5)(a) of this section.	3158

(6) Upon receipt of a request pursuant to section 5153.111 of	3159
the Revised Code, a completed form prescribed pursuant to division	3160
(C)(1) of this section, and a set of fingerprint impressions	3161
obtained in the manner described in division (C)(2) of this	3162
section, the superintendent of the bureau of criminal	3163
identification and investigation shall conduct a criminal records	3164
check in the manner described in division (B) of this section to	3165
determine whether any information exists that indicates that the	3166
person who is the subject of the request previously has been	3167
convicted of or pleaded guilty to any of the following:	3168

(a) A violation of section 2903.01, 2903.02, 2903.03,	3169
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3170
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3171
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3172
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3173
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3174
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3175
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3176
felonious sexual penetration in violation of former section	3177
2907.12 of the Revised Code, a violation of section 2905.04 of the	3178
Revised Code as it existed prior to July 1, 1996, a violation of	3179
section 2919.23 of the Revised Code that would have been a	3180
violation of section 2905.04 of the Revised Code as it existed	3181
prior to July 1, 1996, had the violation been committed prior to	3182
that date, or a violation of section 2925.11 of the Revised Code	3183
that is not a minor drug possession offense;	3184

(b) A violation of an existing or former law of this state,	3185
any other state, or the United States that is substantially	3186
equivalent to any of the offenses listed in division (A)(6)(a) of	3187
this section.	3188

(7) On receipt of a request for a criminal records check from	3189
an individual pursuant to section 4749.03 or 4749.06 of the	3190
Revised Code, accompanied by a completed copy of the form	3191
prescribed in division (C)(1) of this section and a set of	3192
fingerprint impressions obtained in a manner described in division	3193
(C)(2) of this section, the superintendent of the bureau of	3194
criminal identification and investigation shall conduct a criminal	3195
records check in the manner described in division (B) of this	3196
section to determine whether any information exists indicating	3197
that the person who is the subject of the request has been	3198
convicted of or pleaded guilty to a felony in this state or in any	3199
other state. If the individual indicates that a firearm will be	3200
carried in the course of business, the superintendent shall	3201
require information from the federal bureau of investigation as	3202
described in division (B)(2) of this section. Subject to division	3203
(F) of this section, the superintendent shall report the findings	3204
of the criminal records check and any information the federal	3205
bureau of investigation provides to the director of public safety.	3206

(8) On receipt of a request pursuant to section 1321.37,	3207
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3208
Code, a completed form prescribed pursuant to division (C)(1) of	3209
this section, and a set of fingerprint impressions obtained in the	3210
manner described in division (C)(2) of this section, the	3211
superintendent of the bureau of criminal identification and	3212
investigation shall conduct a criminal records check with respect	3213
to any person who has applied for a license, permit, or	3214
certification from the department of commerce or a division in the	3215
department. The superintendent shall conduct the criminal records	3216
check in the manner described in division (B) of this section to	3217
determine whether any information exists that indicates that the	3218
person who is the subject of the request previously has been	3219
convicted of or pleaded guilty to any of the following: a	3220
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3221
2925.03 of the Revised Code; any other criminal offense involving	3222
theft, receiving stolen property, embezzlement, forgery, fraud,	3223
passing bad checks, money laundering, or drug trafficking, or any	3224
criminal offense involving money or securities, as set forth in	3225
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3226
the Revised Code; or any existing or former law of this state, any	3227
other state, or the United States that is substantially equivalent	3228
to those offenses.	3229

(9) On receipt of a request for a criminal records check from	3230
the treasurer of state under section 113.041 of the Revised Code	3231
or from an individual under section 4701.08, 4715.101, 4717.061,	3232
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3233
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3234
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3235
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3236
4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by	3237
a completed form prescribed under division (C)(1) of this section	3238
and a set of fingerprint impressions obtained in the manner	3239
described in division (C)(2) of this section, the superintendent	3240
of the bureau of criminal identification and investigation shall	3241
conduct a criminal records check in the manner described in	3242
division (B) of this section to determine whether any information	3243
exists that indicates that the person who is the subject of the	3244
request has been convicted of or pleaded guilty to any criminal	3245
offense in this state or any other state. Subject to division (F)	3246
of this section, the superintendent shall send the results of a	3247
check requested under section 113.041 of the Revised Code to the	3248
treasurer of state and shall send the results of a check requested	3249
under any of the other listed sections to the licensing board	3250
specified by the individual in the request.	3251

(10) On receipt of a request pursuant to section 1121.23,	3252
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3253
Code, a completed form prescribed pursuant to division (C)(1) of	3254
this section, and a set of fingerprint impressions obtained in the	3255
manner described in division (C)(2) of this section, the	3256
superintendent of the bureau of criminal identification and	3257
investigation shall conduct a criminal records check in the manner	3258
described in division (B) of this section to determine whether any	3259
information exists that indicates that the person who is the	3260
subject of the request previously has been convicted of or pleaded	3261
guilty to any criminal offense under any existing or former law of	3262
this state, any other state, or the United States.	3263

(11) On receipt of a request for a criminal records check	3264
from an appointing or licensing authority under section 3772.07 of	3265
the Revised Code, a completed form prescribed under division	3266
(C)(1) of this section, and a set of fingerprint impressions	3267
obtained in the manner prescribed in division (C)(2) of this	3268
section, the superintendent of the bureau of criminal	3269
identification and investigation shall conduct a criminal records	3270
check in the manner described in division (B) of this section to	3271
determine whether any information exists that indicates that the	3272
person who is the subject of the request previously has been	3273
convicted of or pleaded guilty or no contest to any offense under	3274
any existing or former law of this state, any other state, or the	3275
United States that is a disqualifying offense as defined in	3276
section 3772.07 of the Revised Code or substantially equivalent to	3277
such an offense.	3278

(12) On receipt of a request pursuant to section 2151.33 or	3279
2151.412 of the Revised Code, a completed form prescribed pursuant	3280
to division (C)(1) of this section, and a set of fingerprint	3281
impressions obtained in the manner described in division (C)(2) of	3282
this section, the superintendent of the bureau of criminal	3283
identification and investigation shall conduct a criminal records	3284
check with respect to any person for whom a criminal records check	3285
is required by that section. The superintendent shall conduct the	3286
criminal records check in the manner described in division (B) of	3287
this section to determine whether any information exists that	3288
indicates that the person who is the subject of the request	3289
previously has been convicted of or pleaded guilty to any of the	3290
following:	3291

(a) A violation of section 2903.01, 2903.02, 2903.03,	3292
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3293
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3294
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3295
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3296
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3297
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3298
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3299
2925.22, 2925.23, or 3716.11 of the Revised Code;	3300

(b) An existing or former law of this state, any other state,	3301
or the United States that is substantially equivalent to any of	3302
the offenses listed in division (A)(12)(a) of this section.	3303

(B) Subject to division (F) of this section, the	3304
superintendent shall conduct any criminal records check to be	3305
conducted under this section as follows:	3306

(1) The superintendent shall review or cause to be reviewed	3307
any relevant information gathered and compiled by the bureau under	3308
division (A) of section 109.57 of the Revised Code that relates to	3309
the person who is the subject of the criminal records check,	3310
including, if the criminal records check was requested under	3311
section 113.041, 121.08, 173.27, ~~173.394~~173.38, 1121.23, 1155.03,	3312
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	3313
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	3314
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3315
5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~5164.342,	3316
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant	3317
information contained in records that have been sealed under	3318
section 2953.32 of the Revised Code;	3319

(2) If the request received by the superintendent asks for	3320
information from the federal bureau of investigation, the	3321
superintendent shall request from the federal bureau of	3322
investigation any information it has with respect to the person	3323
who is the subject of the criminal records check, including	3324
fingerprint-based checks of national crime information databases	3325
as described in 42 U.S.C. 671 if the request is made pursuant to	3326
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3327
any other Revised Code section requires fingerprint-based checks	3328
of that nature, and shall review or cause to be reviewed any	3329
information the superintendent receives from that bureau. If a	3330
request under section 3319.39 of the Revised Code asks only for	3331
information from the federal bureau of investigation, the	3332
superintendent shall not conduct the review prescribed by division	3333
(B)(1) of this section.	3334

(3) The superintendent or the superintendent's designee may	3335
request criminal history records from other states or the federal	3336
government pursuant to the national crime prevention and privacy	3337
compact set forth in section 109.571 of the Revised Code.	3338

(4) The superintendent shall include in the results of the	3339
criminal records check a list or description of the offenses	3340
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3341
(7), (8), (9), (10), (11), or (12) of this section, whichever	3342
division requires the superintendent to conduct the criminal	3343
records check. The superintendent shall exclude from the results	3344
any information the dissemination of which is prohibited by	3345
federal law.	3346

(5) The superintendent shall send the results of the criminal	3347
records check to the person to whom it is to be sent not later	3348
than the following number of days after the date the	3349
superintendent receives the request for the criminal records	3350
check, the completed form prescribed under division (C)(1) of this	3351
section, and the set of fingerprint impressions obtained in the	3352
manner described in division (C)(2) of this section:	3353

(a) If the superintendent is required by division (A) of this	3354
section (other than division (A)(3) of this section) to conduct	3355
the criminal records check, thirty;	3356

(b) If the superintendent is required by division (A)(3) of	3357
this section to conduct the criminal records check, sixty.	3358

(C)(1) The superintendent shall prescribe a form to obtain	3359
the information necessary to conduct a criminal records check from	3360
any person for whom a criminal records check is to be conducted	3361
under this section. The form that the superintendent prescribes	3362
pursuant to this division may be in a tangible format, in an	3363
electronic format, or in both tangible and electronic formats.	3364

(2) The superintendent shall prescribe standard impression	3365
sheets to obtain the fingerprint impressions of any person for	3366
whom a criminal records check is to be conducted under this	3367
section. Any person for whom a records check is to be conducted	3368
under this section shall obtain the fingerprint impressions at a	3369
county sheriff's office, municipal police department, or any other	3370
entity with the ability to make fingerprint impressions on the	3371
standard impression sheets prescribed by the superintendent. The	3372
office, department, or entity may charge the person a reasonable	3373
fee for making the impressions. The standard impression sheets the	3374
superintendent prescribes pursuant to this division may be in a	3375
tangible format, in an electronic format, or in both tangible and	3376
electronic formats.	3377

(3) Subject to division (D) of this section, the	3378
superintendent shall prescribe and charge a reasonable fee for	3379
providing a criminal records check under this section. The person	3380
requesting the criminal records check shall pay the fee prescribed	3381
pursuant to this division. In the case of a request under section	3382
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	3383
2151.412, or ~~5111.032~~5164.34 of the Revised Code, the fee shall	3384
be paid in the manner specified in that section.	3385

(4) The superintendent of the bureau of criminal	3386
identification and investigation may prescribe methods of	3387
forwarding fingerprint impressions and information necessary to	3388
conduct a criminal records check, which methods shall include, but	3389
not be limited to, an electronic method.	3390

(D) The results of a criminal records check conducted under	3391
this section, other than a criminal records check specified in	3392
division (A)(7) of this section, are valid for the person who is	3393
the subject of the criminal records check for a period of one year	3394
from the date upon which the superintendent completes the criminal	3395
records check. If during that period the superintendent receives	3396
another request for a criminal records check to be conducted under	3397
this section for that person, the superintendent shall provide the	3398
results from the previous criminal records check of the person at	3399
a lower fee than the fee prescribed for the initial criminal	3400
records check.	3401

(E) When the superintendent receives a request for	3402
information from a registered private provider, the superintendent	3403
shall proceed as if the request was received from a school	3404
district board of education under section 3319.39 of the Revised	3405
Code. The superintendent shall apply division (A)(1)(c) of this	3406
section to any such request for an applicant who is a teacher.	3407

(F)(1) All information regarding the results of a criminal	3408
records check conducted under this section that the superintendent	3409
reports or sends under division (A)(7) or (9) of this section to	3410
the director of public safety, the treasurer of state, or the	3411
person, board, or entity that made the request for the criminal	3412
records check shall relate to the conviction of the subject	3413
person, or the subject person's plea of guilty to, a criminal	3414
offense.	3415

(2) Division (F)(1) of this section does not limit, restrict,	3416
or preclude the superintendent's release of information that	3417
relates to an adjudication of a child as a delinquent child, or	3418
that relates to a criminal conviction of a person under eighteen	3419
years of age if the person's case was transferred back to a	3420
juvenile court under division (B)(2) or (3) of section 2152.121 of	3421
the Revised Code and the juvenile court imposed a disposition or	3422
serious youthful offender disposition upon the person under either	3423
division, if either of the following applies with respect to the	3424
adjudication or conviction:	3425

(a) The adjudication or conviction was for a violation of	3426
section 2903.01 or 2903.02 of the Revised Code.	3427

(b) The adjudication or conviction was for a sexually	3428
oriented offense, as defined in section 2950.01 of the Revised	3429
Code, the juvenile court was required to classify the child a	3430
juvenile offender registrant for that offense under section	3431
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3432
classification has not been removed.	3433

(G) As used in this section:

3434

(1) "Criminal records check" means any criminal records check	3435
conducted by the superintendent of the bureau of criminal	3436
identification and investigation in accordance with division (B)	3437
of this section.	3438

(2) "Minor drug possession offense" has the same meaning as	3439
in section 2925.01 of the Revised Code.	3440

(3) "OVI or OVUAC violation" means a violation of section	3441
4511.19 of the Revised Code or a violation of an existing or	3442
former law of this state, any other state, or the United States	3443
that is substantially equivalent to section 4511.19 of the Revised	3444
Code.	3445

(4) "Registered private provider" means a nonpublic school or	3446
entity registered with the superintendent of public instruction	3447
under section 3310.41 of the Revised Code to participate in the	3448
autism scholarship program or section 3310.58 of the Revised Code	3449
to participate in the Jon Peterson special needs scholarship	3450
program.	3451

Sec. 109.71. There is hereby created in the office of the	3452
attorney general the Ohio peace officer training commission. The	3453
commission shall consist of nine members appointed by the governor	3454
with the advice and consent of the senate and selected as follows:	3455
one member representing the public; two members who are incumbent	3456
sheriffs; two members who are incumbent chiefs of police; one	3457
member from the bureau of criminal identification and	3458
investigation; one member from the state highway patrol; one	3459
member who is the special agent in charge of a field office of the	3460
federal bureau of investigation in this state; and one member from	3461
the department of education, trade and industrial education	3462
services, law enforcement training.	3463

This section does not confer any arrest authority or any	3464
ability or authority to detain a person, write or issue any	3465
citation, or provide any disposition alternative, as granted under	3466
Chapter 2935. of the Revised Code.	3467

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

3468

(A) "Peace officer" means:

3469

(1) A deputy sheriff, marshal, deputy marshal, member of the	3470
organized police department of a township or municipal	3471
corporation, member of a township police district or joint police	3472
district police force, member of a police force employed by a	3473
metropolitan housing authority under division (D) of section	3474
3735.31 of the Revised Code, or township constable, who is	3475
commissioned and employed as a peace officer by a political	3476
subdivision of this state or by a metropolitan housing authority,	3477
and whose primary duties are to preserve the peace, to protect	3478
life and property, and to enforce the laws of this state,	3479
ordinances of a municipal corporation, resolutions of a township,	3480
or regulations of a board of county commissioners or board of	3481
township trustees, or any of those laws, ordinances, resolutions,	3482
or regulations;	3483

(2) A police officer who is employed by a railroad company	3484
and appointed and commissioned by the secretary of state pursuant	3485
to sections 4973.17 to 4973.22 of the Revised Code;	3486

(3) Employees of the department of taxation engaged in the	3487
enforcement of Chapter 5743. of the Revised Code and designated by	3488
the tax commissioner for peace officer training for purposes of	3489
the delegation of investigation powers under section 5743.45 of	3490
the Revised Code;	3491

(4) An undercover drug agent;

3492

(5) Enforcement agents of the department of public safety	3493
whom the director of public safety designates under section	3494
5502.14 of the Revised Code;	3495

(6) An employee of the department of natural resources who is	3496
a natural resources law enforcement staff officer designated	3497
pursuant to section 1501.013, a park officer designated pursuant	3498
to section 1541.10, a forest officer designated pursuant to	3499
section 1503.29, a preserve officer designated pursuant to section	3500
1517.10, a wildlife officer designated pursuant to section	3501
1531.13, or a state watercraft officer designated pursuant to	3502
section 1547.521 of the Revised Code;	3503

(7) An employee of a park district who is designated pursuant	3504
to section 511.232 or 1545.13 of the Revised Code;	3505

(8) An employee of a conservancy district who is designated	3506
pursuant to section 6101.75 of the Revised Code;	3507

(9) A police officer who is employed by a hospital that	3508
employs and maintains its own proprietary police department or	3509
security department, and who is appointed and commissioned by the	3510
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3511
Revised Code;	3512

(10) Veterans' homes police officers designated under section	3513
5907.02 of the Revised Code;	3514

(11) A police officer who is employed by a qualified	3515
nonprofit corporation police department pursuant to section	3516
1702.80 of the Revised Code;	3517

(12) A state university law enforcement officer appointed	3518
under section 3345.04 of the Revised Code or a person serving as a	3519
state university law enforcement officer on a permanent basis on	3520
June 19, 1978, who has been awarded a certificate by the executive	3521
director of the Ohio peace officer training commission attesting	3522
to the person's satisfactory completion of an approved state,	3523
county, municipal, or department of natural resources peace	3524
officer basic training program;	3525

(13) A special police officer employed by the department of	3526
~~mental health~~mental health and addiction services pursuant to	3527
section ~~5119.14~~5119.08 of the Revised Code or the department of	3528
developmental disabilities pursuant to section 5123.13 of the	3529
Revised Code;	3530

(14) A member of a campus police department appointed under	3531
section 1713.50 of the Revised Code;	3532

(15) A member of a police force employed by a regional	3533
transit authority under division (Y) of section 306.35 of the	3534
Revised Code;	3535

(16) Investigators appointed by the auditor of state pursuant	3536
to section 117.091 of the Revised Code and engaged in the	3537
enforcement of Chapter 117. of the Revised Code;	3538

(17) A special police officer designated by the	3539
superintendent of the state highway patrol pursuant to section	3540
5503.09 of the Revised Code or a person who was serving as a	3541
special police officer pursuant to that section on a permanent	3542
basis on October 21, 1997, and who has been awarded a certificate	3543
by the executive director of the Ohio peace officer training	3544
commission attesting to the person's satisfactory completion of an	3545
approved state, county, municipal, or department of natural	3546
resources peace officer basic training program;	3547

(18) A special police officer employed by a port authority	3548
under section 4582.04 or 4582.28 of the Revised Code or a person	3549
serving as a special police officer employed by a port authority	3550
on a permanent basis on May 17, 2000, who has been awarded a	3551
certificate by the executive director of the Ohio peace officer	3552
training commission attesting to the person's satisfactory	3553
completion of an approved state, county, municipal, or department	3554
of natural resources peace officer basic training program;	3555

(19) A special police officer employed by a municipal	3556
corporation who has been awarded a certificate by the executive	3557
director of the Ohio peace officer training commission for	3558
satisfactory completion of an approved peace officer basic	3559
training program and who is employed on a permanent basis on or	3560
after March 19, 2003, at a municipal airport, or other municipal	3561
air navigation facility, that has scheduled operations, as defined	3562
in section 119.3 of Title 14 of the Code of Federal Regulations,	3563
14 C.F.R. 119.3, as amended, and that is required to be under a	3564
security program and is governed by aviation security rules of the	3565
transportation security administration of the United States	3566
department of transportation as provided in Parts 1542. and 1544.	3567
of Title 49 of the Code of Federal Regulations, as amended;	3568

(20) A police officer who is employed by an owner or operator	3569
of an amusement park that has an average yearly attendance in	3570
excess of six hundred thousand guests and that employs and	3571
maintains its own proprietary police department or security	3572
department, and who is appointed and commissioned by a judge of	3573
the appropriate municipal court or county court pursuant to	3574
section 4973.17 of the Revised Code;	3575

(21) A police officer who is employed by a bank, savings and	3576
loan association, savings bank, credit union, or association of	3577
banks, savings and loan associations, savings banks, or credit	3578
unions, who has been appointed and commissioned by the secretary	3579
of state pursuant to sections 4973.17 to 4973.22 of the Revised	3580
Code, and who has been awarded a certificate by the executive	3581
director of the Ohio peace officer training commission attesting	3582
to the person's satisfactory completion of a state, county,	3583
municipal, or department of natural resources peace officer basic	3584
training program;	3585

(22) An investigator, as defined in section 109.541 of the	3586
Revised Code, of the bureau of criminal identification and	3587
investigation who is commissioned by the superintendent of the	3588
bureau as a special agent for the purpose of assisting law	3589
enforcement officers or providing emergency assistance to peace	3590
officers pursuant to authority granted under that section;	3591

(23) A state fire marshal law enforcement officer appointed	3592
under section 3737.22 of the Revised Code or a person serving as a	3593
state fire marshal law enforcement officer on a permanent basis on	3594
or after July 1, 1982, who has been awarded a certificate by the	3595
executive director of the Ohio peace officer training commission	3596
attesting to the person's satisfactory completion of an approved	3597
state, county, municipal, or department of natural resources peace	3598
officer basic training program;	3599

(24) A gaming agent employed under section 3772.03 of the	3600
Revised Code.	3601

(25) A deputy inspector general appointed under section	3602
121.48 of the Revised Code who has been awarded a certificate by	3603
the executive director of the Ohio peace officer training	3604
commission attesting to the person's satisfactory completion of an	3605
approved state, county, or municipal peace officer basic training	3606
program.	3607

(B) "Undercover drug agent" has the same meaning as in	3608
division (B)(2) of section 109.79 of the Revised Code.	3609

(C) "Crisis intervention training" means training in the use	3610
of interpersonal and communication skills to most effectively and	3611
sensitively interview victims of rape.	3612

(D) "Missing children" has the same meaning as in section	3613
2901.30 of the Revised Code.	3614

Sec. 109.746. (A) The attorney general may prepare public	3615
awareness programs that are designed to educate potential victims	3616
of violations of section 2905.32 of the Revised Code and their	3617
families of the risks of becoming a victim of a violation of that	3618
section. The attorney general may prepare these programs with	3619
assistance from the department of health, the department of ~~mental~~	3620
~~health~~mental health and addiction services, the department of job	3621
and family services~~, the department of alcohol and drug addiction~~	3622
~~services~~, and the department of education.	3623

(B) Any organization, person, or other governmental agency	3624
with an interest and expertise in trafficking in persons may	3625
submit information or materials to the attorney general regarding	3626
the preparation of the programs and materials permitted under this	3627
section. The attorney general, in developing the programs and	3628
materials permitted by this section, shall consider any	3629
information submitted pursuant to this division.	3630

Sec. 109.77. (A) As used in this section, "felony" has the	3631
same meaning as in section 109.511 of the Revised Code.	3632

(B)(1) Notwithstanding any general, special, or local law or	3633
charter to the contrary, and except as otherwise provided in this	3634
section, no person shall receive an original appointment on a	3635
permanent basis as any of the following unless the person	3636
previously has been awarded a certificate by the executive	3637
director of the Ohio peace officer training commission attesting	3638
to the person's satisfactory completion of an approved state,	3639
county, municipal, or department of natural resources peace	3640
officer basic training program:	3641

(a) A peace officer of any county, township, municipal	3642
corporation, regional transit authority, or metropolitan housing	3643
authority;	3644

(b) A natural resources law enforcement staff officer, park	3645
officer, forest officer, preserve officer, wildlife officer, or	3646
state watercraft officer of the department of natural resources;	3647

(c) An employee of a park district under section 511.232 or	3648
1545.13 of the Revised Code;	3649

(d) An employee of a conservancy district who is designated	3650
pursuant to section 6101.75 of the Revised Code;	3651

(e) A state university law enforcement officer;

3652

(f) A special police officer employed by the department of	3653
~~mental health~~mental health and addiction services pursuant to	3654
section ~~5119.14~~5119.08 of the Revised Code or the department of	3655
developmental disabilities pursuant to section 5123.13 of the	3656
Revised Code;	3657

(g) An enforcement agent of the department of public safety	3658
whom the director of public safety designates under section	3659
5502.14 of the Revised Code;	3660

(h) A special police officer employed by a port authority	3661
under section 4582.04 or 4582.28 of the Revised Code;	3662

(i) A special police officer employed by a municipal	3663
corporation at a municipal airport, or other municipal air	3664
navigation facility, that has scheduled operations, as defined in	3665
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3666
C.F.R. 119.3, as amended, and that is required to be under a	3667
security program and is governed by aviation security rules of the	3668
transportation security administration of the United States	3669
department of transportation as provided in Parts 1542. and 1544.	3670
of Title 49 of the Code of Federal Regulations, as amended;	3671

(j) A gaming agent employed under section 3772.03 of the	3672
Revised Code.	3673

(2) Every person who is appointed on a temporary basis or for	3674
a probationary term or on other than a permanent basis as any of	3675
the following shall forfeit the appointed position unless the	3676
person previously has completed satisfactorily or, within the time	3677
prescribed by rules adopted by the attorney general pursuant to	3678
section 109.74 of the Revised Code, satisfactorily completes a	3679
state, county, municipal, or department of natural resources peace	3680
officer basic training program for temporary or probationary	3681
officers and is awarded a certificate by the director attesting to	3682
the satisfactory completion of the program:	3683

(a) A peace officer of any county, township, municipal	3684
corporation, regional transit authority, or metropolitan housing	3685
authority;	3686

(b) A natural resources law enforcement staff officer, park	3687
officer, forest officer, preserve officer, wildlife officer, or	3688
state watercraft officer of the department of natural resources;	3689

(c) An employee of a park district under section 511.232 or	3690
1545.13 of the Revised Code;	3691

(d) An employee of a conservancy district who is designated	3692
pursuant to section 6101.75 of the Revised Code;	3693

(e) A special police officer employed by the department of	3694
~~mental health~~mental health and addiction services pursuant to	3695
section ~~5119.14~~5119.08 of the Revised Code or the department of	3696
developmental disabilities pursuant to section 5123.13 of the	3697
Revised Code;	3698

(f) An enforcement agent of the department of public safety	3699
whom the director of public safety designates under section	3700
5502.14 of the Revised Code;	3701

(g) A special police officer employed by a port authority	3702
under section 4582.04 or 4582.28 of the Revised Code;	3703

(h) A special police officer employed by a municipal	3704
corporation at a municipal airport, or other municipal air	3705
navigation facility, that has scheduled operations, as defined in	3706
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3707
C.F.R. 119.3, as amended, and that is required to be under a	3708
security program and is governed by aviation security rules of the	3709
transportation security administration of the United States	3710
department of transportation as provided in Parts 1542. and 1544.	3711
of Title 49 of the Code of Federal Regulations, as amended.	3712

(3) For purposes of division (B) of this section, a state,	3713
county, municipal, or department of natural resources peace	3714
officer basic training program, regardless of whether the program	3715
is to be completed by peace officers appointed on a permanent or	3716
temporary, probationary, or other nonpermanent basis, shall	3717
include training in the handling of the offense of domestic	3718
violence, other types of domestic violence-related offenses and	3719
incidents, and protection orders and consent agreements issued or	3720
approved under section 2919.26 or 3113.31 of the Revised Code and	3721
crisis intervention training. The requirement to complete training	3722
in the handling of the offense of domestic violence, other types	3723
of domestic violence-related offenses and incidents, and	3724
protection orders and consent agreements issued or approved under	3725
section 2919.26 or 3113.31 of the Revised Code does not apply to	3726
any person serving as a peace officer on March 27, 1979, and the	3727
requirement to complete training in crisis intervention does not	3728
apply to any person serving as a peace officer on April 4, 1985.	3729
Any person who is serving as a peace officer on April 4, 1985, who	3730
terminates that employment after that date, and who subsequently	3731
is hired as a peace officer by the same or another law enforcement	3732
agency shall complete training in crisis intervention as	3733
prescribed by rules adopted by the attorney general pursuant to	3734
section 109.742 of the Revised Code. No peace officer shall have	3735
employment as a peace officer terminated and then be reinstated	3736
with intent to circumvent this section.	3737

(4) Division (B) of this section does not apply to any person	3738
serving on a permanent basis on March 28, 1985, as a park officer,	3739
forest officer, preserve officer, wildlife officer, or state	3740
watercraft officer of the department of natural resources or as an	3741
employee of a park district under section 511.232 or 1545.13 of	3742
the Revised Code, to any person serving on a permanent basis on	3743
March 6, 1986, as an employee of a conservancy district designated	3744
pursuant to section 6101.75 of the Revised Code, to any person	3745
serving on a permanent basis on January 10, 1991, as a preserve	3746
officer of the department of natural resources, to any person	3747
employed on a permanent basis on July 2, 1992, as a special police	3748
officer by the department of ~~mental health~~mental health and	3749
addiction services pursuant to section ~~5119.14~~5119.08 of the	3750
Revised Code or by the department of developmental disabilities	3751
pursuant to section 5123.13 of the Revised Code, to any person	3752
serving on a permanent basis on May 17, 2000, as a special police	3753
officer employed by a port authority under section 4582.04 or	3754
4582.28 of the Revised Code, to any person serving on a permanent	3755
basis on March 19, 2003, as a special police officer employed by a	3756
municipal corporation at a municipal airport or other municipal	3757
air navigation facility described in division (A)(19) of section	3758
109.71 of the Revised Code, to any person serving on a permanent	3759
basis on June 19, 1978, as a state university law enforcement	3760
officer pursuant to section 3345.04 of the Revised Code and who,	3761
immediately prior to June 19, 1978, was serving as a special	3762
police officer designated under authority of that section, or to	3763
any person serving on a permanent basis on September 20, 1984, as	3764
a liquor control investigator, known after June 30, 1999, as an	3765
enforcement agent of the department of public safety, engaged in	3766
the enforcement of Chapters 4301. and 4303. of the Revised Code.	3767

(5) Division (B) of this section does not apply to any person	3768
who is appointed as a regional transit authority police officer	3769
pursuant to division (Y) of section 306.35 of the Revised Code if,	3770
on or before July 1, 1996, the person has completed satisfactorily	3771
an approved state, county, municipal, or department of natural	3772
resources peace officer basic training program and has been	3773
awarded a certificate by the executive director of the Ohio peace	3774
officer training commission attesting to the person's satisfactory	3775
completion of such an approved program and if, on July 1, 1996,	3776
the person is performing peace officer functions for a regional	3777
transit authority.	3778

(C) No person, after September 20, 1984, shall receive an	3779
original appointment on a permanent basis as a veterans' home	3780
police officer designated under section 5907.02 of the Revised	3781
Code unless the person previously has been awarded a certificate	3782
by the executive director of the Ohio peace officer training	3783
commission attesting to the person's satisfactory completion of an	3784
approved police officer basic training program. Every person who	3785
is appointed on a temporary basis or for a probationary term or on	3786
other than a permanent basis as a veterans' home police officer	3787
designated under section 5907.02 of the Revised Code shall forfeit	3788
that position unless the person previously has completed	3789
satisfactorily or, within one year from the time of appointment,	3790
satisfactorily completes an approved police officer basic training	3791
program.	3792

(D) No bailiff or deputy bailiff of a court of record of this	3793
state and no criminal investigator who is employed by the state	3794
public defender shall carry a firearm, as defined in section	3795
2923.11 of the Revised Code, while on duty unless the bailiff,	3796
deputy bailiff, or criminal investigator has done or received one	3797
of the following:	3798

(1) Has been awarded a certificate by the executive director	3799
of the Ohio peace officer training commission, which certificate	3800
attests to satisfactory completion of an approved state, county,	3801
or municipal basic training program for bailiffs and deputy	3802
bailiffs of courts of record and for criminal investigators	3803
employed by the state public defender that has been recommended by	3804
the Ohio peace officer training commission;	3805

(2) Has successfully completed a firearms training program	3806
approved by the Ohio peace officer training commission prior to	3807
employment as a bailiff, deputy bailiff, or criminal investigator;	3808

(3) Prior to June 6, 1986, was authorized to carry a firearm	3809
by the court that employed the bailiff or deputy bailiff or, in	3810
the case of a criminal investigator, by the state public defender	3811
and has received training in the use of firearms that the Ohio	3812
peace officer training commission determines is equivalent to the	3813
training that otherwise is required by division (D) of this	3814
section.	3815

(E)(1) Before a person seeking a certificate completes an	3816
approved peace officer basic training program, the executive	3817
director of the Ohio peace officer training commission shall	3818
request the person to disclose, and the person shall disclose, any	3819
previous criminal conviction of or plea of guilty of that person	3820
to a felony.	3821

(2) Before a person seeking a certificate completes an	3822
approved peace officer basic training program, the executive	3823
director shall request a criminal history records check on the	3824
person. The executive director shall submit the person's	3825
fingerprints to the bureau of criminal identification and	3826
investigation, which shall submit the fingerprints to the federal	3827
bureau of investigation for a national criminal history records	3828
check.	3829

Upon receipt of the executive director's request, the bureau	3830
of criminal identification and investigation and the federal	3831
bureau of investigation shall conduct a criminal history records	3832
check on the person and, upon completion of the check, shall	3833
provide a copy of the criminal history records check to the	3834
executive director. The executive director shall not award any	3835
certificate prescribed in this section unless the executive	3836
director has received a copy of the criminal history records check	3837
on the person to whom the certificate is to be awarded.	3838

(3) The executive director of the commission shall not award	3839
a certificate prescribed in this section to a person who has been	3840
convicted of or has pleaded guilty to a felony or who fails to	3841
disclose any previous criminal conviction of or plea of guilty to	3842
a felony as required under division (E)(1) of this section.	3843

(4) The executive director of the commission shall revoke the	3844
certificate awarded to a person as prescribed in this section, and	3845
that person shall forfeit all of the benefits derived from being	3846
certified as a peace officer under this section, if the person,	3847
before completion of an approved peace officer basic training	3848
program, failed to disclose any previous criminal conviction of or	3849
plea of guilty to a felony as required under division (E)(1) of	3850
this section.	3851

(F)(1) Regardless of whether the person has been awarded the	3852
certificate or has been classified as a peace officer prior to,	3853
on, or after October 16, 1996, the executive director of the Ohio	3854
peace officer training commission shall revoke any certificate	3855
that has been awarded to a person as prescribed in this section if	3856
the person does either of the following:	3857

(a) Pleads guilty to a felony committed on or after January	3858
1, 1997;	3859

(b) Pleads guilty to a misdemeanor committed on or after	3860
January 1, 1997, pursuant to a negotiated plea agreement as	3861
provided in division (D) of section 2929.43 of the Revised Code in	3862
which the person agrees to surrender the certificate awarded to	3863
the person under this section.	3864

(2) The executive director of the commission shall suspend	3865
any certificate that has been awarded to a person as prescribed in	3866
this section if the person is convicted, after trial, of a felony	3867
committed on or after January 1, 1997. The executive director	3868
shall suspend the certificate pursuant to division (F)(2) of this	3869
section pending the outcome of an appeal by the person from that	3870
conviction to the highest court to which the appeal is taken or	3871
until the expiration of the period in which an appeal is required	3872
to be filed. If the person files an appeal that results in that	3873
person's acquittal of the felony or conviction of a misdemeanor,	3874
or in the dismissal of the felony charge against that person, the	3875
executive director shall reinstate the certificate awarded to the	3876
person under this section. If the person files an appeal from that	3877
person's conviction of the felony and the conviction is upheld by	3878
the highest court to which the appeal is taken or if the person	3879
does not file a timely appeal, the executive director shall revoke	3880
the certificate awarded to the person under this section.	3881

(G)(1) If a person is awarded a certificate under this	3882
section and the certificate is revoked pursuant to division (E)(4)	3883
or (F) of this section, the person shall not be eligible to	3884
receive, at any time, a certificate attesting to the person's	3885
satisfactory completion of a peace officer basic training program.	3886

(2) The revocation or suspension of a certificate under	3887
division (E)(4) or (F) of this section shall be in accordance with	3888
Chapter 119. of the Revised Code.	3889

(H)(1) A person who was employed as a peace officer of a	3890
county, township, or municipal corporation of the state on January	3891
1, 1966, and who has completed at least sixteen years of full-time	3892
active service as such a peace officer, or equivalent service as	3893
determined by the executive director of the Ohio peace officer	3894
training commission, may receive an original appointment on a	3895
permanent basis and serve as a peace officer of a county,	3896
township, or municipal corporation, or as a state university law	3897
enforcement officer, without complying with the requirements of	3898
division (B) of this section.	3899

(2) Any person who held an appointment as a state highway	3900
trooper on January 1, 1966, may receive an original appointment on	3901
a permanent basis and serve as a peace officer of a county,	3902
township, or municipal corporation, or as a state university law	3903
enforcement officer, without complying with the requirements of	3904
division (B) of this section.	3905

(I) No person who is appointed as a peace officer of a	3906
county, township, or municipal corporation on or after April 9,	3907
1985, shall serve as a peace officer of that county, township, or	3908
municipal corporation unless the person has received training in	3909
the handling of missing children and child abuse and neglect cases	3910
from an approved state, county, township, or municipal police	3911
officer basic training program or receives the training within the	3912
time prescribed by rules adopted by the attorney general pursuant	3913
to section 109.741 of the Revised Code.	3914

(J) No part of any approved state, county, or municipal basic	3915
training program for bailiffs and deputy bailiffs of courts of	3916
record and no part of any approved state, county, or municipal	3917
basic training program for criminal investigators employed by the	3918
state public defender shall be used as credit toward the	3919
completion by a peace officer of any part of the approved state,	3920
county, or municipal peace officer basic training program that the	3921
peace officer is required by this section to complete	3922
satisfactorily.	3923

(K) This section does not apply to any member of the police	3924
department of a municipal corporation in an adjoining state	3925
serving in this state under a contract pursuant to section 737.04	3926
of the Revised Code.	3927

Sec. 109.85. (A) Upon the written request of the governor,	3928
the general assembly, the auditor of state, the medicaid director	3929
~~of job and family services~~, the director of health, or the	3930
director of budget and management, or upon the attorney general's	3931
becoming aware of criminal or improper activity related to Chapter	3932
3721. and the ~~medical assistance~~medicaid program ~~established~~	3933
~~under section 5111.01 of the Revised Code~~, the attorney general	3934
shall investigate any criminal or civil violation of law related	3935
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	3936
medicaid program.	3937

(B) When it appears to the attorney general, as a result of	3938
an investigation under division (A) of this section, that there is	3939
cause to prosecute for the commission of a crime or to pursue a	3940
civil remedy, the attorney general may refer the evidence to the	3941
prosecuting attorney having jurisdiction of the matter, or to a	3942
regular grand jury drawn and impaneled pursuant to sections	3943
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	3944
drawn and impaneled pursuant to section 2939.17 of the Revised	3945
Code, or the attorney general may initiate and prosecute any	3946
necessary criminal or civil actions in any court or tribunal of	3947
competent jurisdiction in this state. When proceeding under this	3948
section, the attorney general, and any assistant or special	3949
counsel designated by the attorney general for that purpose, have	3950
all rights, privileges, and powers of prosecuting attorneys. The	3951
attorney general shall have exclusive supervision and control of	3952
all investigations and prosecutions initiated by the attorney	3953
general under this section. The forfeiture provisions of Chapter	3954
2981. of the Revised Code apply in relation to any such criminal	3955
action initiated and prosecuted by the attorney general.	3956

(C) Nothing in this section shall prevent a county	3957
prosecuting attorney from investigating and prosecuting criminal	3958
activity related to Chapter 3721. of the Revised Code and the	3959
~~medical assistance~~medicaid program ~~established under section~~	3960
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	3961
2981. of the Revised Code apply in relation to any prosecution of	3962
criminal activity related to the ~~medical assistance~~medicaid	3963
program undertaken by the prosecuting attorney.	3964

Sec. 109.86. (A) The attorney general shall investigate any	3965
activity the attorney general has reasonable cause to believe is	3966
in violation of section 2903.34 of the Revised Code. Upon written	3967
request of the governor, the general assembly, the auditor of	3968
state, or the director of health, job and family services, aging,	3969
~~mental health~~mental health and addiction services, or	3970
developmental disabilities, the attorney general shall investigate	3971
any activity these persons believe is in violation of section	3972
2903.34 of the Revised Code. If after an investigation the	3973
attorney general has probable cause to prosecute for the	3974
commission of a crime, the attorney general shall refer the	3975
evidence to the prosecuting attorney, director of law, or other	3976
similar chief legal officer having jurisdiction over the matter.	3977
If the prosecuting attorney decides to present the evidence to a	3978
grand jury, the prosecuting attorney shall notify the attorney	3979
general in writing of the decision within thirty days after	3980
referral of the matter and shall present the evidence prior to the	3981
discharge of the next regular grand jury. If the director of law	3982
or other chief legal officer decides to prosecute the case, the	3983
director or officer shall notify the attorney general in writing	3984
of the decision within thirty days and shall initiate prosecution	3985
within sixty days after the matter was referred to the director or	3986
officer.	3987

(B) If the prosecuting attorney, director of law, or other	3988
chief legal officer fails to notify the attorney general or to	3989
present evidence or initiate prosecution in accordance with	3990
division (A) of this section, the attorney general may present the	3991
evidence to a regular grand jury drawn and impaneled pursuant to	3992
sections 2939.01 to 2939.24 of the Revised Code, or to a special	3993
grand jury drawn and impaneled pursuant to section 2939.17 of the	3994
Revised Code, or the attorney general may initiate and prosecute	3995
any action in any court or tribunal of competent jurisdiction in	3996
this state. The attorney general, and any assistant or special	3997
counsel designated by the attorney general, have all the powers of	3998
a prosecuting attorney, director of law, or other chief legal	3999
officer when proceeding under this section. Nothing in this	4000
section shall limit or prevent a prosecuting attorney, director of	4001
law, or other chief legal officer from investigating and	4002
prosecuting criminal activity committed against a resident or	4003
patient of a care facility.	4004

Sec. 109.90. (A) The attorney general shall collaborate with	4005
the state board of pharmacy and director of ~~alcohol and drug~~	4006
~~addiction services~~mental health and addiction services in the	4007
establishment and administration of a drug take-back program, as	4008
provided under section 4729.69 of the Revised Code. The office of	4009
the attorney general is solely responsible for the costs incurred	4010
in the establishment and administration of the program.	4011

(B) The attorney general may accept grants, gifts, or	4012
donations for purposes of the program. Money received under this	4013
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	4014
shall be deposited into the state treasury to the credit of the	4015
drug take-back program fund, which is hereby created. Money	4016
credited to the fund shall be used solely for purposes of the	4017
program.	4018

Sec. 111.02. Before entering upon the discharge of the	4019
duties of ~~his~~ office, the secretary of state shall give a bond to	4020
the state in the sum of one hundred thousand dollars, with ~~two or~~	4021
~~more sureties approved by the governor, auditor of state, and~~	4022
~~attorney general~~a surety authorized to do business in the state,	4023
conditioned for the faithful discharge of the duties of ~~his~~the	4024
office of secretary of state. The bond~~, with the approval of the~~	4025
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	4026
deposited with and kept by the director of administrative services	4027
~~and kept~~ in ~~his~~the director's office.	4028

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

4029

(1) "Rule" includes any rule, regulation, bylaw, or standard	4030
having a general and uniform operation adopted by an agency under	4031
the authority of the laws governing the agency; any appendix to a	4032
rule; and any internal management rule. "Rule" does not include	4033
any guideline adopted pursuant to section 3301.0714 of the Revised	4034
Code, any order respecting the duties of employees, any finding,	4035
any determination of a question of law or fact in a matter	4036
presented to an agency, or any rule promulgated pursuant to	4037
Chapter 119., section 4141.14, division (C)(1) or (2) of section	4038
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	4039
any amendment or rescission of a rule.	4040

(2) "Agency" means any governmental entity of the state and	4041
includes, but is not limited to, any board, department, division,	4042
commission, bureau, society, council, institution, state college	4043
or university, community college district, technical college	4044
district, or state community college. "Agency" does not include	4045
the general assembly, the controlling board, the adjutant	4046
general's department, or any court.	4047

(3) "Internal management rule" means any rule, regulation,	4048
bylaw, or standard governing the day-to-day staff procedures and	4049
operations within an agency.	4050

(4) "Substantive revision" has the same meaning as in	4051
division (J) of section 119.01 of the Revised Code.	4052

(B)(1) Any rule, other than a rule of an emergency nature,	4053
adopted by any agency pursuant to this section shall be effective	4054
on the tenth day after the day on which the rule in final form and	4055
in compliance with division (B)(3) of this section is filed as	4056
follows:	4057

(a) The rule shall be filed in electronic form with both the	4058
secretary of state and the director of the legislative service	4059
commission;	4060

(b) The rule shall be filed in electronic form with the joint	4061
committee on agency rule review. Division (B)(1)(b) of this	4062
section does not apply to any rule to which division (D) of this	4063
section does not apply.	4064

An agency that adopts or amends a rule that is subject to	4065
division (D) of this section shall assign a review date to the	4066
rule that is not later than five years after its effective date.	4067
If no review date is assigned to a rule, or if a review date	4068
assigned to a rule exceeds the five-year maximum, the review date	4069
for the rule is five years after its effective date. A rule with a	4070
review date is subject to review under section 119.032 of the	4071
Revised Code. This paragraph does not apply to a rule of a state	4072
college or university, community college district, technical	4073
college district, or state community college.	4074

If all filings are not completed on the same day, the rule	4075
shall be effective on the tenth day after the day on which the	4076
latest filing is completed. If an agency in adopting a rule	4077
designates an effective date that is later than the effective date	4078
provided for by division (B)(1) of this section, the rule if filed	4079
as required by such division shall become effective on the later	4080
date designated by the agency.	4081

Any rule that is required to be filed under division (B)(1)	4082
of this section is also subject to division (D) of this section if	4083
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4084
(8) of this section.	4085

If a rule incorporates a text or other material by reference,	4086
the agency shall comply with sections 121.71 to 121.76 of the	4087
Revised Code.	4088

(2) A rule of an emergency nature necessary for the immediate	4089
preservation of the public peace, health, or safety shall state	4090
the reasons for the necessity. The emergency rule, in final form	4091
and in compliance with division (B)(3) of this section, shall be	4092
filed in electronic form with the secretary of state, the director	4093
of the legislative service commission, and the joint committee on	4094
agency rule review. The emergency rule is effective immediately	4095
upon completion of the latest filing, except that if the agency in	4096
adopting the emergency rule designates an effective date, or date	4097
and time of day, that is later than the effective date and time	4098
provided for by division (B)(2) of this section, the emergency	4099
rule if filed as required by such division shall become effective	4100
at the later date, or later date and time of day, designated by	4101
the agency.	4102

An emergency rule becomes invalid at the end of the ninetieth	4103
day it is in effect. Prior to that date, the agency may file the	4104
emergency rule as a nonemergency rule in compliance with division	4105
(B)(1) of this section. The agency may not refile the emergency	4106
rule in compliance with division (B)(2) of this section so that,	4107
upon the emergency rule becoming invalid under such division, the	4108
emergency rule will continue in effect without interruption for	4109
another ninety-day period.	4110

(3) An agency shall file a rule under division (B)(1) or (2)	4111
of this section in compliance with the following standards and	4112
procedures:	4113

(a) The rule shall be numbered in accordance with the	4114
numbering system devised by the director for the Ohio	4115
administrative code.	4116

(b) The rule shall be prepared and submitted in compliance	4117
with the rules of the legislative service commission.	4118

(c) The rule shall clearly state the date on which it is to	4119
be effective and the date on which it will expire, if known.	4120

(d) Each rule that amends or rescinds another rule shall	4121
clearly refer to the rule that is amended or rescinded. Each	4122
amendment shall fully restate the rule as amended.	4123

If the director of the legislative service commission or the	4124
director's designee gives an agency notice pursuant to section	4125
103.05 of the Revised Code that a rule filed by the agency is not	4126
in compliance with the rules of the legislative service	4127
commission, the agency shall within thirty days after receipt of	4128
the notice conform the rule to the rules of the commission as	4129
directed in the notice.	4130

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4131
of this section shall be recorded by the secretary of state and	4132
the director under the title of the agency adopting the rule and	4133
shall be numbered according to the numbering system devised by the	4134
director. The secretary of state and the director shall preserve	4135
the rules in an accessible manner. Each such rule shall be a	4136
public record open to public inspection and may be transmitted to	4137
any law publishing company that wishes to reproduce it.	4138

(D) At least sixty-five days before a board, commission,	4139
department, division, or bureau of the government of the state	4140
files a rule under division (B)(1) of this section, it shall file	4141
the full text of the proposed rule in electronic form with the	4142
joint committee on agency rule review, and the proposed rule is	4143
subject to legislative review and invalidation under division (I)	4144
of section 119.03 of the Revised Code. If a state board,	4145
commission, department, division, or bureau makes a substantive	4146
revision in a proposed rule after it is filed with the joint	4147
committee, the state board, commission, department, division, or	4148
bureau shall promptly file the full text of the proposed rule in	4149
its revised form in electronic form with the joint committee. The	4150
latest version of a proposed rule as filed with the joint	4151
committee supersedes each earlier version of the text of the same	4152
proposed rule. ~~Except as provided in division (F) of this section,~~	4153
aA state board, commission, department, division, or bureau shall	4154
also file the rule summary and fiscal analysis prepared under	4155
section 127.18 of the Revised Code in electronic form along with a	4156
proposed rule, and along with a proposed rule in revised form,	4157
that is filed under this division. If a proposed rule has an	4158
adverse impact on businesses, the state board, commission,	4159
department, division, or bureau also shall file the business	4160
impact analysis, any recommendations received from the common	4161
sense initiative office, and the associated memorandum of	4162
response, if any, in electronic form along with the proposed rule,	4163
or the proposed rule in revised form, that is filed under this	4164
division.	4165

As used in this division, "commission" includes the public	4166
utilities commission when adopting rules under a federal or state	4167
statute.	4168

This division does not apply to any of the following:

4169

(1) A proposed rule of an emergency nature;

4170

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4171
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4172
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4173
Code;	4174

(3) A rule proposed by an agency other than a board,	4175
commission, department, division, or bureau of the government of	4176
the state;	4177

(4) A proposed internal management rule of a board,	4178
commission, department, division, or bureau of the government of	4179
the state;	4180

(5) Any proposed rule that must be adopted verbatim by an	4181
agency pursuant to federal law or rule, to become effective within	4182
sixty days of adoption, in order to continue the operation of a	4183
federally reimbursed program in this state, so long as the	4184
proposed rule contains both of the following:	4185

(a) A statement that it is proposed for the purpose of	4186
complying with a federal law or rule;	4187

(b) A citation to the federal law or rule that requires	4188
verbatim compliance.	4189

(6) An initial rule proposed by the director of health to	4190
impose safety standards and quality-of-care standards with respect	4191
to a health service specified in section 3702.11 of the Revised	4192
Code, or an initial rule proposed by the director to impose	4193
quality standards on a facility listed in division (A)(4) of	4194
section 3702.30 of the Revised Code, if section 3702.12 of the	4195
Revised Code requires that the rule be adopted under this section;	4196

(7) A rule of the state lottery commission pertaining to	4197
instant game rules.	4198

If a rule is exempt from legislative review under division	4199
(D)(5) of this section, and if the federal law or rule pursuant to	4200
which the rule was adopted expires, is repealed or rescinded, or	4201
otherwise terminates, the rule is thereafter subject to	4202
legislative review under division (D) of this section.	4203

(E) Whenever a state board, commission, department, division,	4204
or bureau files a proposed rule or a proposed rule in revised form	4205
under division (D) of this section, it shall also file the full	4206
text of the same proposed rule or proposed rule in revised form in	4207
electronic form with the secretary of state and the director of	4208
the legislative service commission. ~~Except as provided in division~~	4209
~~(F) of this section, a~~A state board, commission, department,	4210
division, or bureau shall file the rule summary and fiscal	4211
analysis prepared under section 127.18 of the Revised Code in	4212
electronic form along with a proposed rule or proposed rule in	4213
revised form that is filed with the secretary of state or the	4214
director of the legislative service commission.	4215

~~(F) Except as otherwise provided in this division, the~~	4216
~~auditor of state or the auditor of state's designee is not~~	4217
~~required to file a rule summary and fiscal analysis along with a~~	4218
~~proposed rule, or proposed rule in revised form, that the auditor~~	4219
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4220
~~of the Revised Code and files under division (D) or (E) of this~~	4221
~~section.~~	4222

Sec. 111.28. (A) There is hereby created in the state	4223
treasury the help America vote act (HAVA) fund. All moneys	4224
received by the secretary of state from the United States election	4225
assistance commission shall be credited to the fund. The secretary	4226
of state shall use the moneys credited to the fund for activities	4227
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4228
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4229
shall be credited to the fund.	4230

(B) There is hereby created in the state treasury the	4231
election reform/health and human services fund. All moneys	4232
received by the secretary of state from the United States	4233
department of health and human services shall be credited to the	4234
fund. The secretary of state shall use the moneys credited to the	4235
fund for activities conducted pursuant to grants awarded to the	4236
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4237
America Vote Act of 2002 to assure access for individuals with	4238
disabilities. All investment earnings of the fund shall be	4239
credited to the fund.	4240

(C) There is hereby created in the state treasury the	4241
miscellaneous federal grants fund. All moneys the secretary of	4242
state receives as grants from federal sources that are not	4243
otherwise designated shall be credited to the fund. The secretary	4244
of state shall use the moneys credited to the fund for the	4245
purposes and activities required by the applicable federal grant	4246
agreements. All investment earnings of the fund shall be credited	4247
to the fund.	4248

Sec. 113.02. Before entering upon the discharge of the	4249
duties of ~~his~~ office, the treasurer of state shall give a bond to	4250
the state in the sum of one million dollars, with ~~sureties~~	4251
~~approved by the governor~~a surety authorized to do business in the	4252
state, conditioned for the faithful discharge of the duties of ~~his~~	4253
the office of treasurer of state. The bond~~, with the approval of~~	4254
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4255
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4256
the secretary of state's office.	4257

Sec. 113.061. The treasurer of state shall adopt rules in	4258
accordance with Chapter 119. of the Revised Code governing the	4259
remittance of taxes by electronic funds transfer as required under	4260
sections 5726.03, 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	4261
5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of the Revised Code	4262
and any other section of the Revised Code under which a person is	4263
required to remit taxes by electronic funds transfer. The rules	4264
shall govern the modes of electronic funds transfer acceptable to	4265
the treasurer of state and under what circumstances each mode is	4266
acceptable, the content and format of electronic funds transfers,	4267
the coordination of payment by electronic funds transfer and	4268
filing of associated tax reports and returns, the remittance of	4269
taxes by means other than electronic funds transfer by persons	4270
otherwise required to do so but relieved of the requirement by the	4271
treasurer of state, and any other matter that in the opinion of	4272
the treasurer of state facilitates payment by electronic funds	4273
transfer in a manner consistent with those sections.	4274

Upon failure by a person, if so required, to remit taxes by	4275
electronic funds transfer in the manner prescribed under section	4276
5726.03, 5727.83, 5733.022, 5735.062, 5739.032, 5745.04, or	4277
5747.072, 5749.06, or 5751.07 of the Revised Code and rules	4278
adopted under this section, the treasurer of state shall notify	4279
the tax commissioner of such failure if the treasurer of state	4280
determines that such failure was not due to reasonable cause or	4281
was due to willful neglect, and shall provide the tax commissioner	4282
with any information used in making that determination. The tax	4283
commissioner may assess an additional charge as specified in the	4284
respective section of the Revised Code governing the requirement	4285
to remit taxes by electronic funds transfer.	4286

The treasurer of state may implement means of acknowledging,	4287
upon the request of a taxpayer, receipt of tax remittances made by	4288
electronic funds transfer, and may adopt rules governing	4289
acknowledgments. The cost of acknowledging receipt of electronic	4290
remittances shall be paid by the person requesting acknowledgment.	4291

The treasurer of state, not the tax commissioner, is	4292
responsible for resolving any problems involving electronic funds	4293
transfer transmissions.	4294

Sec. 117.03. Before entering upon the discharge of the	4295
duties of ~~his~~ office, the auditor of state shall give a bond to	4296
the state in the sum of twenty thousand dollars, with a surety	4297
~~approved by the governor~~authorized to do business in the state,	4298
conditioned for the faithful discharge of the duties of ~~his~~the	4299
office of auditor of state. The bond~~, with the approval of the~~	4300
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4301
deposited with and kept by the secretary of state and kept in ~~his~~	4302
the secretary of state's office.	4303

Sec. 117.10. The auditor of state shall audit all public	4304
offices as provided in this chapter. The auditor of state also may	4305
audit the accounts of private institutions, associations, boards,	4306
and corporations receiving public money for their use and may	4307
require of them annual reports in such form as the auditor of	4308
state prescribes.	4309

If the auditor of state performs or contracts for the	4310
performance of an audit, including a special audit, of the public	4311
employees retirement system, school employees retirement system,	4312
state teachers retirement system, state highway patrol retirement	4313
system, or Ohio police and fire pension fund, the auditor of state	4314
shall make a timely report of the results of the audit to the Ohio	4315
retirement study council.	4316

The auditor of state may audit the accounts of any medicaid	4317
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4318
Code.	4319

If a public office has been audited by an agency of the	4320
United States government, the auditor of state may, if satisfied	4321
that the federal audit has been conducted according to principles	4322
and procedures not contrary to those of the auditor of state, use	4323
and adopt the federal audit and report in lieu of an audit by the	4324
auditor of state's own office.	4325

Within thirty days after the creation or dissolution or the	4326
winding up of the affairs of any public office, that public office	4327
shall notify the auditor of state in writing that this action has	4328
occurred.	4329

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4330
of the Revised Code, the auditor of state or the auditor of	4331
state's designee shall do both of the following:	4332

(1) Before adopting any such rule, except a rule of an	4333
emergency nature, do each of the following:	4334

(a) At least thirty-five days before any public hearing on	4335
the proposed rule-making action, mail or send by electronic mail	4336
notice of the hearing to each public office and to each statewide	4337
organization that the auditor of state or designee determines will	4338
be affected or represents persons who will be affected by the	4339
proposed rule-making action;	4340

(b) Mail or send by electronic mail a copy of the proposed	4341
rule to any person or organization that requests a copy within	4342
five days after receipt of the request;	4343

(c) Consult with appropriate state and local government	4344
agencies, or with persons representative of their interests,	4345
including statewide organizations of local government officials,	4346
and consult with accounting professionals and other interested	4347
persons;	4348

(d) Conduct, on the date and at the time and place designated	4349
in the notice, a public hearing at which any person affected by	4350
the proposed rule, including statewide organizations of local	4351
government officials, may appear and be heard in person, by	4352
attorney, or both, and may present the person's or organization's	4353
position or contentions orally or in writing.	4354

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4355
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4356
of the Revised Code. ~~The auditor of state is not required to file~~	4357
~~a rule summary and fiscal analysis along with any copy of a~~	4358
~~proposed rule, or proposed rule in revised form, that is filed~~	4359
~~with the joint committee on agency rule review, the secretary of~~	4360
~~state, or the director of the legislative service commission under~~	4361
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4362

(B) The auditor of state shall diligently discharge the	4363
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4364
section, but failure to mail or send by electronic mail any notice	4365
or copy of a proposed rule, or to consult with any person or	4366
organization, shall not invalidate any rule.	4367

(C) Notwithstanding any contrary provision of the Revised	4368
Code, the auditor of state may prepare and disseminate, to public	4369
offices and other interested persons and organizations, advisory	4370
bulletins, directives, and instructions relating to accounting and	4371
financial reporting systems, budgeting procedures, fiscal	4372
controls, and the constructions by the auditor of state of	4373
constitutional and statutory provisions, court decisions, and	4374
opinions of the attorney general. The bulletins, directives, and	4375
instructions shall be of an advisory nature only.	4376

(D) As used in this section, "rule" includes the adoption,	4377
amendment, or rescission of a rule.	4378

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4379
Revised Code:	4380

(A)(1) "Agency" means, except as limited by this division,	4381
any official, board, or commission having authority to promulgate	4382
rules or make adjudications in the civil service commission, the	4383
division of liquor control, the department of taxation, the	4384
industrial commission, the bureau of workers' compensation, the	4385
functions of any administrative or executive officer, department,	4386
division, bureau, board, or commission of the government of the	4387
state specifically made subject to sections 119.01 to 119.13 of	4388
the Revised Code, and the licensing functions of any	4389
administrative or executive officer, department, division, bureau,	4390
board, or commission of the government of the state having the	4391
authority or responsibility of issuing, suspending, revoking, or	4392
canceling licenses.	4393

Except as otherwise provided in division (I) of this section,	4394
sections 119.01 to 119.13 of the Revised Code do not apply to the	4395
public utilities commission. Sections 119.01 to 119.13 of the	4396
Revised Code do not apply to the utility radiological safety	4397
board; to the controlling board; to actions of the superintendent	4398
of financial institutions and the superintendent of insurance in	4399
the taking possession of, and rehabilitation or liquidation of,	4400
the business and property of banks, savings and loan associations,	4401
savings banks, credit unions, insurance companies, associations,	4402
reciprocal fraternal benefit societies, and bond investment	4403
companies; to any action taken by the division of securities under	4404
section 1707.201 of the Revised Code; or to any action that may be	4405
taken by the superintendent of financial institutions under	4406
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4407
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4408
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4409

Sections 119.01 to 119.13 of the Revised Code do not apply to	4410
actions of the industrial commission or the bureau of workers'	4411
compensation under sections 4123.01 to 4123.94 of the Revised Code	4412
with respect to all matters of adjudication, or to the actions of	4413
the industrial commission, bureau of workers' compensation board	4414
of directors, and bureau of workers' compensation under division	4415
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4416
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4417
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4418
(E) of section 4131.14 of the Revised Code with respect to all	4419
matters concerning the establishment of premium, contribution, and	4420
assessment rates.	4421

(2) "Agency" also means any official or work unit having	4422
authority to promulgate rules or make adjudications in the	4423
department of job and family services, but only with respect to	4424
both of the following:	4425

(a) The adoption, amendment, or rescission of rules that	4426
section 5101.09 of the Revised Code requires be adopted in	4427
accordance with this chapter;	4428

(b) The issuance, suspension, revocation, or cancellation of	4429
licenses.	4430

(B) "License" means any license, permit, certificate,	4431
commission, or charter issued by any agency. "License" does not	4432
include any arrangement whereby a person~~, institution,~~ or	4433
government entity furnishes medicaid services under a provider	4434
agreement with the department of ~~job and family services pursuant~~	4435
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4436
~~U.S.C. 301, as amended~~medicaid.	4437

(C) "Rule" means any rule, regulation, or standard, having a	4438
general and uniform operation, adopted, promulgated, and enforced	4439
by any agency under the authority of the laws governing such	4440
agency, and includes any appendix to a rule. "Rule" does not	4441
include any internal management rule of an agency unless the	4442
internal management rule affects private rights and does not	4443
include any guideline adopted pursuant to section 3301.0714 of the	4444
Revised Code.	4445

(D) "Adjudication" means the determination by the highest or	4446
ultimate authority of an agency of the rights, duties, privileges,	4447
benefits, or legal relationships of a specified person, but does	4448
not include the issuance of a license in response to an	4449
application with respect to which no question is raised, nor other	4450
acts of a ministerial nature.	4451

(E) "Hearing" means a public hearing by any agency in	4452
compliance with procedural safeguards afforded by sections 119.01	4453
to 119.13 of the Revised Code.	4454

(F) "Person" means a person, firm, corporation, association,	4455
or partnership.	4456

(G) "Party" means the person whose interests are the subject	4457
of an adjudication by an agency.	4458

(H) "Appeal" means the procedure by which a person, aggrieved	4459
by a finding, decision, order, or adjudication of any agency,	4460
invokes the jurisdiction of a court.	4461

(I) "Rule-making agency" means any board, commission,	4462
department, division, or bureau of the government of the state	4463
that is required to file proposed rules, amendments, or	4464
rescissions under division (D) of section 111.15 of the Revised	4465
Code and any agency that is required to file proposed rules,	4466
amendments, or rescissions under divisions (B) and (H) of section	4467
119.03 of the Revised Code. "Rule-making agency" includes the	4468
public utilities commission. "Rule-making agency" does not include	4469
any state-supported college or university.	4470

(J) "Substantive revision" means any addition to, elimination	4471
from, or other change in a rule, an amendment of a rule, or a	4472
rescission of a rule, whether of a substantive or procedural	4473
nature, that changes any of the following:	4474

(1) That which the rule, amendment, or rescission permits,	4475
authorizes, regulates, requires, prohibits, penalizes, rewards, or	4476
otherwise affects;	4477

(2) The scope or application of the rule, amendment, or	4478
rescission.	4479

(K) "Internal management rule" means any rule, regulation, or	4480
standard governing the day-to-day staff procedures and operations	4481
within an agency.	4482

Sec. 120.06. (A)(1) The state public defender, when	4483
designated by the court or requested by a county public defender	4484
or joint county public defender, may provide legal representation	4485
in all courts throughout the state to indigent adults and	4486
juveniles who are charged with the commission of an offense or act	4487
for which the penalty or any possible adjudication includes the	4488
potential loss of liberty.	4489

(2) The state public defender may provide legal	4490
representation to any indigent person who, while incarcerated in	4491
any state correctional institution, is charged with a felony	4492
offense, for which the penalty or any possible adjudication that	4493
may be imposed by a court upon conviction includes the potential	4494
loss of liberty.	4495

(3) The state public defender may provide legal	4496
representation to any person incarcerated in any correctional	4497
institution of the state, in any matter in which the person	4498
asserts the person is unlawfully imprisoned or detained.	4499

(4) The state public defender, in any case in which the state	4500
public defender has provided legal representation or is requested	4501
to do so by a county public defender or joint county public	4502
defender, may provide legal representation on appeal.	4503

(5) The state public defender, when designated by the court	4504
or requested by a county public defender, joint county public	4505
defender, or the director of rehabilitation and correction, shall	4506
provide legal representation in parole and probation revocation	4507
matters or matters relating to the revocation of community control	4508
or post-release control under a community control sanction or	4509
post-release control sanction, unless the state public defender	4510
finds that the alleged parole or probation violator or alleged	4511
violator of a community control sanction or post-release control	4512
sanction has the financial capacity to retain the alleged	4513
violator's own counsel.	4514

(6) If the state public defender contracts with a county	4515
public defender commission, a joint county public defender	4516
commission, or a board of county commissioners for the provision	4517
of services, under authority of division (C)(7) of section 120.04	4518
of the Revised Code, the state public defender shall provide legal	4519
representation in accordance with the contract.	4520

(B) The state public defender shall not be required to	4521
prosecute any appeal, postconviction remedy, or other proceeding	4522
pursuant to division (A)(3), (4), or (5) of this section, unless	4523
the state public defender first is satisfied that there is	4524
arguable merit to the proceeding.	4525

(C) A court may appoint counsel or allow an indigent person	4526
to select the indigent's own personal counsel to assist the state	4527
public defender as co-counsel when the interests of justice so	4528
require. When co-counsel is appointed to assist the state public	4529
defender, the co-counsel shall receive any compensation that the	4530
court may approve, not to exceed the amounts provided for in	4531
section 2941.51 of the Revised Code.	4532

(D)(1) When the state public defender is designated by the	4533
court or requested by a county public defender or joint county	4534
public defender to provide legal representation for an indigent	4535
person in any case, other than pursuant to a contract entered into	4536
under authority of division (C)(7) of section 120.04 of the	4537
Revised Code, the state public defender shall send to the county	4538
in which the case is filed a bill detailing the actual cost of the	4539
representation that separately itemizes legal fees and expenses.	4540
The county, upon receipt of an itemized bill from the state public	4541
defender pursuant to this division, shall pay the state public	4542
defender each of the following amounts:	4543

(a) For the amount identified as legal fees in the itemized	4544
bill, one hundred per cent of the amount identified as legal fees	4545
less the state reimbursement rate as calculated by the state	4546
public defender pursuant to section 120.34 of the Revised Code for	4547
the month the case terminated, as set forth in the itemized bill;	4548

(b) For the amount identified as expenses in the itemized	4549
bill, one hundred per cent.	4550

(2) Upon payment of the itemized bill under division (D)(1)	4551
of this section, the county may submit the cost of the expenses,	4552
excluding legal fees, to the state public defender for	4553
reimbursement pursuant to section 120.33 of the Revised Code.	4554

(3) When the state public defender provides investigation or	4555
mitigation services to private appointed counsel or to a county or	4556
joint county public defender as approved by the appointing court,	4557
other than pursuant to a contract entered into under authority of	4558
division (C)(7) of section 120.04 of the Revised Code, the state	4559
public defender shall send to the county in which the case is	4560
filed a bill itemizing the actual cost of the services provided.	4561
The county, upon receipt of an itemized bill from the state public	4562
defender pursuant to this division, shall pay one hundred per cent	4563
of the amount as set forth in the itemized bill. Upon payment of	4564
the itemized bill received pursuant to this division, the county	4565
may submit the cost of the investigation and mitigation services	4566
to the state public defender for reimbursement pursuant to section	4567
120.33 of the Revised Code.	4568

(4) There is hereby created in the state treasury the county	4569
representation fund for the deposit of moneys received from	4570
counties under this division. All moneys credited to the fund	4571
shall be used by the state public defender to provide legal	4572
representation for indigent persons when designated by the court	4573
or requested by a county or joint county public defender or to	4574
provide investigation or mitigation services, including	4575
investigation or mitigation services to private appointed counsel	4576
or a county or joint county public defender, as approved by the	4577
court.	4578

(E)(1) Notwithstanding any contrary provision of sections	4579
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	4580
that pertains to representation by the attorney general, an	4581
assistant attorney general, or special counsel of an officer or	4582
employee, as defined in section 109.36 of the Revised Code, or of	4583
an entity of state government, the state public defender may elect	4584
to contract with, and to have the state pay pursuant to division	4585
(E)(2) of this section for the services of, private legal counsel	4586
to represent the Ohio public defender commission, the state public	4587
defender, assistant state public defenders, other employees of the	4588
commission or the state public defender, and attorneys described	4589
in division (C) of section 120.41 of the Revised Code in a	4590
malpractice or other civil action or proceeding that arises from	4591
alleged actions or omissions related to responsibilities derived	4592
pursuant to this chapter, or in a civil action that is based upon	4593
alleged violations of the constitution or statutes of the United	4594
States, including section 1983 of Title 42 of the United States	4595
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	4596
arises from alleged actions or omissions related to	4597
responsibilities derived pursuant to this chapter, if the state	4598
public defender determines, in good faith, that the defendant in	4599
the civil action or proceeding did not act manifestly outside the	4600
scope of the defendant's employment or official responsibilities,	4601
with malicious purpose, in bad faith, or in a wanton or reckless	4602
manner. If the state public defender elects not to contract	4603
pursuant to this division for private legal counsel in a civil	4604
action or proceeding, then, in accordance with sections 109.02,	4605
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	4606
attorney general shall represent or provide for the representation	4607
of the Ohio public defender commission, the state public defender,	4608
assistant state public defenders, other employees of the	4609
commission or the state public defender, or attorneys described in	4610
division (C) of section 120.41 of the Revised Code in the civil	4611
action or proceeding.	4612

(2)(a) Subject to division (E)(2)(b) of this section, payment	4613
from the state treasury for the services of private legal counsel	4614
with whom the state public defender has contracted pursuant to	4615
division (E)(1) of this section shall be accomplished only through	4616
the following procedure:	4617

(i) The private legal counsel shall file with the attorney	4618
general a copy of the contract; a request for an award of legal	4619
fees, court costs, and expenses earned or incurred in connection	4620
with the defense of the Ohio public defender commission, the state	4621
public defender, an assistant state public defender, an employee,	4622
or an attorney in a specified civil action or proceeding; a	4623
written itemization of those fees, costs, and expenses, including	4624
the signature of the state public defender and the state public	4625
defender's attestation that the fees, costs, and expenses were	4626
earned or incurred pursuant to division (E)(1) of this section to	4627
the best of the state public defender's knowledge and information;	4628
a written statement whether the fees, costs, and expenses are for	4629
all legal services to be rendered in connection with that defense,	4630
are only for legal services rendered to the date of the request	4631
and additional legal services likely will have to be provided in	4632
connection with that defense, or are for the final legal services	4633
rendered in connection with that defense; a written statement	4634
indicating whether the private legal counsel previously submitted	4635
a request for an award under division (E)(2) of this section in	4636
connection with that defense and, if so, the date and the amount	4637
of each award granted; and, if the fees, costs, and expenses are	4638
for all legal services to be rendered in connection with that	4639
defense or are for the final legal services rendered in connection	4640
with that defense, a certified copy of any judgment entry in the	4641
civil action or proceeding or a signed copy of any settlement	4642
agreement entered into between the parties to the civil action or	4643
proceeding.	4644

(ii) Upon receipt of a request for an award of legal fees,	4645
court costs, and expenses and the requisite supportive	4646
documentation described in division (E)(2)(a)(i) of this section,	4647
the attorney general shall review the request and documentation;	4648
determine whether any of the limitations specified in division	4649
(E)(2)(b) of this section apply to the request; and, if an award	4650
of legal fees, court costs, or expenses is permissible after	4651
applying the limitations, prepare a document awarding legal fees,	4652
court costs, or expenses to the private legal counsel. The	4653
document shall name the private legal counsel as the recipient of	4654
the award; specify the total amount of the award as determined by	4655
the attorney general; itemize the portions of the award that	4656
represent legal fees, court costs, and expenses; specify any	4657
limitation applied pursuant to division (E)(2)(b) of this section	4658
to reduce the amount of the award sought by the private legal	4659
counsel; state that the award is payable from the state treasury	4660
pursuant to division (E)(2)(a)(iii) of this section; and be	4661
approved by the inclusion of the signatures of the attorney	4662
general, the state public defender, and the private legal counsel.	4663

(iii) The attorney general shall forward a copy of the	4664
document prepared pursuant to division (E)(2)(a)(ii) of this	4665
section to the director of budget and management. The award of	4666
legal fees, court costs, or expenses shall be paid out of the	4667
state public defender's appropriations, to the extent there is a	4668
sufficient available balance in those appropriations. If the state	4669
public defender does not have a sufficient available balance in	4670
the state public defender's appropriations to pay the entire award	4671
of legal fees, court costs, or expenses, the director shall make	4672
application for a transfer of appropriations out of the emergency	4673
purposes account or any other appropriation for emergencies or	4674
contingencies in an amount equal to the portion of the award that	4675
exceeds the sufficient available balance in the state public	4676
defender's appropriations. A transfer of appropriations out of the	4677
emergency purposes account or any other appropriation for	4678
emergencies or contingencies shall be authorized if there are	4679
sufficient moneys greater than the sum total of then pending	4680
emergency purposes account requests, or requests for releases from	4681
the other appropriation. If a transfer of appropriations out of	4682
the emergency purposes account or other appropriation for	4683
emergencies or contingencies is made to pay an amount equal to the	4684
portion of the award that exceeds the sufficient available balance	4685
in the state public defender's appropriations, the director shall	4686
cause the payment to be made to the private legal counsel. If	4687
sufficient moneys do not exist in the emergency purposes account	4688
or other appropriation for emergencies or contingencies to pay an	4689
amount equal to the portion of the award that exceeds the	4690
sufficient available balance in the state public defender's	4691
appropriations, the private legal counsel shall request the	4692
general assembly to make an appropriation sufficient to pay an	4693
amount equal to the portion of the award that exceeds the	4694
sufficient available balance in the state public defender's	4695
appropriations, and no payment in that amount shall be made until	4696
the appropriation has been made. The private legal counsel shall	4697
make the request during the current biennium and during each	4698
succeeding biennium until a sufficient appropriation is made.	4699

(b) An award of legal fees, court costs, and expenses	4700
pursuant to division (E) of this section is subject to the	4701
following limitations:	4702

(i) The maximum award or maximum aggregate of a series of	4703
awards of legal fees, court costs, and expenses to the private	4704
legal counsel in connection with the defense of the Ohio public	4705
defender commission, the state public defender, an assistant state	4706
public defender, an employee, or an attorney in a specified civil	4707
action or proceeding shall not exceed fifty thousand dollars.	4708

(ii) The private legal counsel shall not be awarded legal	4709
fees, court costs, or expenses to the extent the fees, costs, or	4710
expenses are covered by a policy of malpractice or other	4711
insurance.	4712

(iii) The private legal counsel shall be awarded legal fees	4713
and expenses only to the extent that the fees and expenses are	4714
reasonable in light of the legal services rendered by the private	4715
legal counsel in connection with the defense of the Ohio public	4716
defender commission, the state public defender, an assistant state	4717
public defender, an employee, or an attorney in a specified civil	4718
action or proceeding.	4719

(c) If, pursuant to division (E)(2)(a) of this section, the	4720
attorney general denies a request for an award of legal fees,	4721
court costs, or expenses to private legal counsel because of the	4722
application of a limitation specified in division (E)(2)(b) of	4723
this section, the attorney general shall notify the private legal	4724
counsel in writing of the denial and of the limitation applied.	4725

(d) If, pursuant to division (E)(2)(c) of this section, a	4726
private legal counsel receives a denial of an award notification	4727
or if a private legal counsel refuses to approve a document under	4728
division (E)(2)(a)(ii) of this section because of the proposed	4729
application of a limitation specified in division (E)(2)(b) of	4730
this section, the private legal counsel may commence a civil	4731
action against the attorney general in the court of claims to	4732
prove the private legal counsel's entitlement to the award sought,	4733
to prove that division (E)(2)(b) of this section does not prohibit	4734
or otherwise limit the award sought, and to recover a judgment for	4735
the amount of the award sought. A civil action under division	4736
(E)(2)(d) of this section shall be commenced no later than two	4737
years after receipt of a denial of award notification or, if the	4738
private legal counsel refused to approve a document under division	4739
(E)(2)(a)(ii) of this section because of the proposed application	4740
of a limitation specified in division (E)(2)(b) of this section,	4741
no later than two years after the refusal. Any judgment of the	4742
court of claims in favor of the private legal counsel shall be	4743
paid from the state treasury in accordance with division (E)(2)(a)	4744
of this section.	4745

(F) If a court appoints the office of the state public	4746
defender to represent a petitioner in a postconviction relief	4747
proceeding under section 2953.21 of the Revised Code, the	4748
petitioner has received a sentence of death, and the proceeding	4749
relates to that sentence, all of the attorneys who represent the	4750
petitioner in the proceeding pursuant to the appointment, whether	4751
an assistant state public defender, the state public defender, or	4752
another attorney, shall be certified under Rule 20 of the Rules of	4753
Superintendence for the Courts of Ohio to represent indigent	4754
defendants charged with or convicted of an offense for which the	4755
death penalty can be or has been imposed.	4756

(G)(1) The state public defender may provide legal	4757
representation and services to a child committed to the department	4758
of youth services relative to either of the following:	4759

(a) The fact or duration of the child's confinement,	4760
including, but not limited to, appeals, post-conviction relief,	4761
petitions for habeas corpus, and administrative issues that may	4762
extend the period of confinement;	4763

(b) Conditions of the child's confinement.

4764

(2) Division (G)(1) of this section does not authorize the	4765
state public defender to represent a child committed to the	4766
department of youth services in general civil matters arising	4767
solely out of state law.	4768

(H) A child's right to representation or services under this	4769
section is not affected by the child, or another person on behalf	4770
of the child, previously having paid for similar representation or	4771
services or having waived legal representation.	4772

(I) The state public defender shall have access to any child	4773
committed to the department of youth services, department of youth	4774
services institution, and department of youth services record as	4775
needed to implement this section.	4776

(J) As used in this section:

4777

(1) "Community control sanction" has the same meaning as in	4778
section 2929.01 of the Revised Code.	4779

(2) "Conditions of confinement" means any issue involving a	4780
constitutional right or other civil right related to a child's	4781
incarceration, including, but not limited to, actions cognizable	4782
under 42 U.S.C. 1983.	4783

(3) "Post-release control sanction" has the same meaning as	4784
in section 2967.01 of the Revised Code.	4785

Sec. 121.02. The following administrative departments and	4786
their respective directors are hereby created:	4787

(A) The office of budget and management, which shall be	4788
administered by the director of budget and management;	4789

(B) The department of commerce, which shall be administered	4790
by the director of commerce;	4791

(C) The department of administrative services, which shall be	4792
administered by the director of administrative services;	4793

(D) The department of transportation, which shall be	4794
administered by the director of transportation;	4795

(E) The department of agriculture, which shall be	4796
administered by the director of agriculture;	4797

(F) The department of natural resources, which shall be	4798
administered by the director of natural resources;	4799

(G) The department of health, which shall be administered by	4800
the director of health;	4801

(H) The department of job and family services, which shall be	4802
administered by the director of job and family services;	4803

(I) Until July 1, 1997, the department of liquor control,	4804
which shall be administered by the director of liquor control;	4805

(J) The department of public safety, which shall be	4806
administered by the director of public safety;	4807

(K) The department of ~~mental health~~mental health and	4808
addiction services, which shall be administered by the director of	4809
~~mental health~~mental health and addiction services;	4810

(L) The department of developmental disabilities, which shall	4811
be administered by the director of developmental disabilities;	4812

(M) The department of insurance, which shall be administered	4813
by the superintendent of insurance as director thereof;	4814

(N) The development services agency, which shall be	4815
administered by the director of development services;	4816

(O) The department of youth services, which shall be	4817
administered by the director of youth services;	4818

(P) The department of rehabilitation and correction, which	4819
shall be administered by the director of rehabilitation and	4820
correction;	4821

(Q) The environmental protection agency, which shall be	4822
administered by the director of environmental protection;	4823

(R) The department of aging, which shall be administered by	4824
the director of aging;	4825

(S) ~~The department of alcohol and drug addiction services,~~	4826
~~which shall be administered by the director of~~ ~~alcohol and drug~~	4827
~~addiction services~~;	4828

~~(T)~~ The department of veterans services, which shall be	4829
administered by the director of veterans services;	4830

(T) The department of medicaid, which shall be administered	4831
by the medicaid director.	4832

The director of each department shall exercise the powers and	4833
perform the duties vested by law in such department.	4834

Sec. 121.03. The following administrative department heads	4835
shall be appointed by the governor, with the advice and consent of	4836
the senate, and shall hold their offices during the term of the	4837
appointing governor, and are subject to removal at the pleasure of	4838
the governor.	4839

(A) The director of budget and management;

4840

(B) The director of commerce;

4841

4842

(D) The director of agriculture;

4843

(E) The director of job and family services;

4844

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

4845

(G) The director of public safety;

4846

(H) The superintendent of insurance;

4847

(I) The director of development services;

4848

(J) The tax commissioner;

4849

(K) The director of administrative services;

4850

(L) The director of natural resources;

4851

(M) The director of ~~mental health~~mental health and addiction	4852
services;	4853

(N) The director of developmental disabilities;

4854

(O) The director of health;

4855

(P) The director of youth services;

4856

(Q) The director of rehabilitation and correction;

4857

(R) The director of environmental protection;

4858

(S) The director of aging;

4859

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

4860

~~(U)~~ The administrator of workers' compensation who meets the	4861
qualifications required under division (A) of section 4121.121 of	4862
the Revised Code;	4863

~~(V)~~(U) The director of veterans services who meets the	4864
qualifications required under section 5902.01 of the Revised Code;	4865

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

4866

(W) The medicaid director.

4867

Sec. 121.11. (A) Each officer whose office is created by	4868
sections 121.02, 121.04, and 121.05 of the Revised Code, before	4869
entering upon the duties of office, shall take and subscribe an	4870
oath of office as provided by law and give bond, conditioned	4871
according to law, with security ~~to be approved by the governor~~ in	4872
the penal sum, not less than ten thousand dollars~~, fixed by the~~	4873
~~governor~~. The department of administrative services may procure	4874
from any duly authorized corporate surety authorized to do	4875
business in the state a schedule or blanket bond covering the	4876
officers described in those sections and any other officers the	4877
governor designates. The bond and oath of the officers described	4878
in those sections shall be filed in the office of the secretary of	4879
state.	4880

(B) ~~The director of each department, with the approval of the~~	4881
~~governor, may require any chief of a division, or any officer or~~	4882
~~employee in the director's department, to give bond in the amount~~	4883
~~the governor prescribes. The bond or bonds may, in the discretion~~	4884
~~of the director, be individual, schedule, or blanket bonds.~~	4885

~~(C)~~ The premium on any bond required or authorized by this	4886
section may be paid from the state treasury.	4887

Sec. 121.22. (A) This section shall be liberally construed	4888
to require public officials to take official action and to conduct	4889
all deliberations upon official business only in open meetings	4890
unless the subject matter is specifically excepted by law.	4891

(B) As used in this section:

4892

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

4893

(a) Any board, commission, committee, council, or similar	4894
decision-making body of a state agency, institution, or authority,	4895
and any legislative authority or board, commission, committee,	4896
council, agency, authority, or similar decision-making body of any	4897
county, township, municipal corporation, school district, or other	4898
political subdivision or local public institution;	4899

(b) Any committee or subcommittee of a body described in	4900
division (B)(1)(a) of this section;	4901

(c) A court of jurisdiction of a sanitary district organized	4902
wholly for the purpose of providing a water supply for domestic,	4903
municipal, and public use when meeting for the purpose of the	4904
appointment, removal, or reappointment of a member of the board of	4905
directors of such a district pursuant to section 6115.10 of the	4906
Revised Code, if applicable, or for any other matter related to	4907
such a district other than litigation involving the district. As	4908
used in division (B)(1)(c) of this section, "court of	4909
jurisdiction" has the same meaning as "court" in section 6115.01	4910
of the Revised Code.	4911

(2) "Meeting" means any prearranged discussion of the public	4912
business of the public body by a majority of its members.	4913

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

4914

(a) A student in a state or local public educational	4915
institution;	4916

(b) A person who is, voluntarily or involuntarily, an inmate,	4917
patient, or resident of a state or local institution because of	4918
criminal behavior, mental illness or retardation, disease,	4919
disability, age, or other condition requiring custodial care.	4920

(4) "Public office" has the same meaning as in section	4921
149.011 of the Revised Code.	4922

(C) All meetings of any public body are declared to be public	4923
meetings open to the public at all times. A member of a public	4924
body shall be present in person at a meeting open to the public to	4925
be considered present or to vote at the meeting and for purposes	4926
of determining whether a quorum is present at the meeting.	4927

The minutes of a regular or special meeting of any public	4928
body shall be promptly prepared, filed, and maintained and shall	4929
be open to public inspection. The minutes need only reflect the	4930
general subject matter of discussions in executive sessions	4931
authorized under division (G) or (J) of this section.	4932

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

4933

(1) A grand jury;

4934

(2) An audit conference conducted by the auditor of state or	4935
independent certified public accountants with officials of the	4936
public office that is the subject of the audit;	4937

(3) The adult parole authority when its hearings are	4938
conducted at a correctional institution for the sole purpose of	4939
interviewing inmates to determine parole or pardon;	4940

(4) The organized crime investigations commission established	4941
under section 177.01 of the Revised Code;	4942

(5) Meetings of a child fatality review board established	4943
under section 307.621 of the Revised Code and meetings conducted	4944
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	4945

(6) The state medical board when determining whether to	4946
suspend a certificate without a prior hearing pursuant to division	4947
(G) of either section 4730.25 or 4731.22 of the Revised Code;	4948

(7) The board of nursing when determining whether to suspend	4949
a license or certificate without a prior hearing pursuant to	4950
division (B) of section 4723.281 of the Revised Code;	4951

(8) The state board of pharmacy when determining whether to	4952
suspend a license without a prior hearing pursuant to division (D)	4953
of section 4729.16 of the Revised Code;	4954

(9) The state chiropractic board when determining whether to	4955
suspend a license without a hearing pursuant to section 4734.37 of	4956
the Revised Code;	4957

(10) The executive committee of the emergency response	4958
commission when determining whether to issue an enforcement order	4959
or request that a civil action, civil penalty action, or criminal	4960
action be brought to enforce Chapter 3750. of the Revised Code;	4961

(11) The board of directors of the nonprofit corporation	4962
formed under section 187.01 of the Revised Code or any committee	4963
thereof, and the board of directors of any subsidiary of that	4964
corporation or a committee thereof;	4965

(12) An audit conference conducted by the audit staff of the	4966
department of job and family services with officials of the public	4967
office that is the subject of that audit under section 5101.37 of	4968
the Revised Code.	4969

(E) The controlling board, ~~the industrial technology and~~	4970
~~enterprise advisory council,~~ the tax credit authority, or the	4971
minority development financing advisory board, when meeting to	4972
consider granting assistance pursuant to Chapter 122. or 166. of	4973
the Revised Code, in order to protect the interest of the	4974
applicant or the possible investment of public funds, by unanimous	4975
vote of all board~~, council,~~ or authority members present, may	4976
close the meeting during consideration of the following	4977
information confidentially received by the authority~~, council,~~ or	4978
board from the applicant:	4979

(1) Marketing plans;

4980

(2) Specific business strategy;

4981

(3) Production techniques and trade secrets;

4982

(4) Financial projections;

4983

(5) Personal financial statements of the applicant or members	4984
of the applicant's immediate family, including, but not limited	4985
to, tax records or other similar information not open to public	4986
inspection.	4987

The vote by the authority~~, council,~~ or board to accept or	4988
reject the application, as well as all proceedings of the	4989
authority~~, council,~~ or board not subject to this division, shall	4990
be open to the public and governed by this section.	4991

(F) Every public body, by rule, shall establish a reasonable	4992
method whereby any person may determine the time and place of all	4993
regularly scheduled meetings and the time, place, and purpose of	4994
all special meetings. A public body shall not hold a special	4995
meeting unless it gives at least twenty-four hours' advance notice	4996
to the news media that have requested notification, except in the	4997
event of an emergency requiring immediate official action. In the	4998
event of an emergency, the member or members calling the meeting	4999
shall notify the news media that have requested notification	5000
immediately of the time, place, and purpose of the meeting.	5001

The rule shall provide that any person, upon request and	5002
payment of a reasonable fee, may obtain reasonable advance	5003
notification of all meetings at which any specific type of public	5004
business is to be discussed. Provisions for advance notification	5005
may include, but are not limited to, mailing the agenda of	5006
meetings to all subscribers on a mailing list or mailing notices	5007
in self-addressed, stamped envelopes provided by the person.	5008

(G) Except as provided in division (J) of this section, the	5009
members of a public body may hold an executive session only after	5010
a majority of a quorum of the public body determines, by a roll	5011
call vote, to hold an executive session and only at a regular or	5012
special meeting for the sole purpose of the consideration of any	5013
of the following matters:	5014

(1) To consider the appointment, employment, dismissal,	5015
discipline, promotion, demotion, or compensation of a public	5016
employee or official, or the investigation of charges or	5017
complaints against a public employee, official, licensee, or	5018
regulated individual, unless the public employee, official,	5019
licensee, or regulated individual requests a public hearing.	5020
Except as otherwise provided by law, no public body shall hold an	5021
executive session for the discipline of an elected official for	5022
conduct related to the performance of the elected official's	5023
official duties or for the elected official's removal from office.	5024
If a public body holds an executive session pursuant to division	5025
(G)(1) of this section, the motion and vote to hold that executive	5026
session shall state which one or more of the approved purposes	5027
listed in division (G)(1) of this section are the purposes for	5028
which the executive session is to be held, but need not include	5029
the name of any person to be considered at the meeting.	5030

(2) To consider the purchase of property for public purposes,	5031
or for the sale of property at competitive bidding, if premature	5032
disclosure of information would give an unfair competitive or	5033
bargaining advantage to a person whose personal, private interest	5034
is adverse to the general public interest. No member of a public	5035
body shall use division (G)(2) of this section as a subterfuge for	5036
providing covert information to prospective buyers or sellers. A	5037
purchase or sale of public property is void if the seller or buyer	5038
of the public property has received covert information from a	5039
member of a public body that has not been disclosed to the general	5040
public in sufficient time for other prospective buyers and sellers	5041
to prepare and submit offers.	5042

If the minutes of the public body show that all meetings and	5043
deliberations of the public body have been conducted in compliance	5044
with this section, any instrument executed by the public body	5045
purporting to convey, lease, or otherwise dispose of any right,	5046
title, or interest in any public property shall be conclusively	5047
presumed to have been executed in compliance with this section	5048
insofar as title or other interest of any bona fide purchasers,	5049
lessees, or transferees of the property is concerned.	5050

(3) Conferences with an attorney for the public body	5051
concerning disputes involving the public body that are the subject	5052
of pending or imminent court action;	5053

(4) Preparing for, conducting, or reviewing negotiations or	5054
bargaining sessions with public employees concerning their	5055
compensation or other terms and conditions of their employment;	5056

(5) Matters required to be kept confidential by federal law	5057
or regulations or state statutes;	5058

(6) Details relative to the security arrangements and	5059
emergency response protocols for a public body or a public office,	5060
if disclosure of the matters discussed could reasonably be	5061
expected to jeopardize the security of the public body or public	5062
office;	5063

(7) In the case of a county hospital operated pursuant to	5064
Chapter 339. of the Revised Code, a joint township hospital	5065
operated pursuant to Chapter 513. of the Revised Code, or a	5066
municipal hospital operated pursuant to Chapter 749. of the	5067
Revised Code, to consider trade secrets, as defined in section	5068
1333.61 of the Revised Code.	5069

If a public body holds an executive session to consider any	5070
of the matters listed in divisions (G)(2) to (7) of this section,	5071
the motion and vote to hold that executive session shall state	5072
which one or more of the approved matters listed in those	5073
divisions are to be considered at the executive session.	5074

A public body specified in division (B)(1)(c) of this section	5075
shall not hold an executive session when meeting for the purposes	5076
specified in that division.	5077

(H) A resolution, rule, or formal action of any kind is	5078
invalid unless adopted in an open meeting of the public body. A	5079
resolution, rule, or formal action adopted in an open meeting that	5080
results from deliberations in a meeting not open to the public is	5081
invalid unless the deliberations were for a purpose specifically	5082
authorized in division (G) or (J) of this section and conducted at	5083
an executive session held in compliance with this section. A	5084
resolution, rule, or formal action adopted in an open meeting is	5085
invalid if the public body that adopted the resolution, rule, or	5086
formal action violated division (F) of this section.	5087

(I)(1) Any person may bring an action to enforce this	5088
section. An action under division (I)(1) of this section shall be	5089
brought within two years after the date of the alleged violation	5090
or threatened violation. Upon proof of a violation or threatened	5091
violation of this section in an action brought by any person, the	5092
court of common pleas shall issue an injunction to compel the	5093
members of the public body to comply with its provisions.	5094

(2)(a) If the court of common pleas issues an injunction	5095
pursuant to division (I)(1) of this section, the court shall order	5096
the public body that it enjoins to pay a civil forfeiture of five	5097
hundred dollars to the party that sought the injunction and shall	5098
award to that party all court costs and, subject to reduction as	5099
described in division (I)(2) of this section, reasonable	5100
attorney's fees. The court, in its discretion, may reduce an award	5101
of attorney's fees to the party that sought the injunction or not	5102
award attorney's fees to that party if the court determines both	5103
of the following:	5104

(i) That, based on the ordinary application of statutory law	5105
and case law as it existed at the time of violation or threatened	5106
violation that was the basis of the injunction, a well-informed	5107
public body reasonably would believe that the public body was not	5108
violating or threatening to violate this section;	5109

(ii) That a well-informed public body reasonably would	5110
believe that the conduct or threatened conduct that was the basis	5111
of the injunction would serve the public policy that underlies the	5112
authority that is asserted as permitting that conduct or	5113
threatened conduct.	5114

(b) If the court of common pleas does not issue an injunction	5115
pursuant to division (I)(1) of this section and the court	5116
determines at that time that the bringing of the action was	5117
frivolous conduct, as defined in division (A) of section 2323.51	5118
of the Revised Code, the court shall award to the public body all	5119
court costs and reasonable attorney's fees, as determined by the	5120
court.	5121

(3) Irreparable harm and prejudice to the party that sought	5122
the injunction shall be conclusively and irrebuttably presumed	5123
upon proof of a violation or threatened violation of this section.	5124

(4) A member of a public body who knowingly violates an	5125
injunction issued pursuant to division (I)(1) of this section may	5126
be removed from office by an action brought in the court of common	5127
pleas for that purpose by the prosecuting attorney or the attorney	5128
general.	5129

(J)(1) Pursuant to division (C) of section 5901.09 of the	5130
Revised Code, a veterans service commission shall hold an	5131
executive session for one or more of the following purposes unless	5132
an applicant requests a public hearing:	5133

(a) Interviewing an applicant for financial assistance under	5134
sections 5901.01 to 5901.15 of the Revised Code;	5135

(b) Discussing applications, statements, and other documents	5136
described in division (B) of section 5901.09 of the Revised Code;	5137

(c) Reviewing matters relating to an applicant's request for	5138
financial assistance under sections 5901.01 to 5901.15 of the	5139
Revised Code.	5140

(2) A veterans service commission shall not exclude an	5141
applicant for, recipient of, or former recipient of financial	5142
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5143
and shall not exclude representatives selected by the applicant,	5144
recipient, or former recipient, from a meeting that the commission	5145
conducts as an executive session that pertains to the applicant's,	5146
recipient's, or former recipient's application for financial	5147
assistance.	5148

(3) A veterans service commission shall vote on the grant or	5149
denial of financial assistance under sections 5901.01 to 5901.15	5150
of the Revised Code only in an open meeting of the commission. The	5151
minutes of the meeting shall indicate the name, address, and	5152
occupation of the applicant, whether the assistance was granted or	5153
denied, the amount of the assistance if assistance is granted, and	5154
the votes for and against the granting of assistance.	5155

Sec. 121.35. (A) Subject to division (B) of this section,	5156
the following state agencies shall collaborate to revise and make	5157
more uniform the eligibility standards and eligibility	5158
determination procedures of programs the state agencies	5159
administer:	5160

(1) The department of aging;

5161

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

5162

~~(3)~~ The ~~department of~~ development services agency;

5163

~~(4)~~(3) The department of developmental disabilities;

5164

~~(5)~~(4) The department of education;

5165

~~(6)~~(5) The department of health;

5166

~~(7)~~(6) The department of job and family services;

5167

~~(8)~~(7) The department of medicaid;

5168

(8) The department of ~~mental health~~mental health and	5169
addiction services;	5170

(9) The rehabilitation services commission.

5171

(B) In revising eligibility standards and eligibility	5172
determination procedures, a state agency shall not make any	5173
program's eligibility standards or eligibility determination	5174
procedures inconsistent with state or federal law. To the extent	5175
authorized by state and federal law, the revisions may provide for	5176
the state agencies to share administrative operations.	5177

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5178
and children first cabinet council. The council shall be composed	5179
of the superintendent of public instruction, the administrator of	5180
the rehabilitation services commission, the medicaid director, and	5181
the directors of youth services, job and family services, ~~mental~~	5182
~~health~~mental health and addiction services, health, ~~alcohol and~~	5183
~~drug addiction services,~~ developmental disabilities, aging,	5184
rehabilitation and correction, and budget and management. The	5185
chairperson of the council shall be the governor or the governor's	5186
designee and shall establish procedures for the council's internal	5187
control and management.	5188

The purpose of the cabinet council is to help families	5189
seeking government services. This section shall not be interpreted	5190
or applied to usurp the role of parents, but solely to streamline	5191
and coordinate existing government services for families seeking	5192
assistance for their children.	5193

(2) In seeking to fulfill its purpose, the council may do any	5194
of the following:	5195

(a) Advise and make recommendations to the governor and	5196
general assembly regarding the provision of services to children;	5197

(b) Advise and assess local governments on the coordination	5198
of service delivery to children;	5199

(c) Hold meetings at such times and places as may be	5200
prescribed by the council's procedures and maintain records of the	5201
meetings, except that records identifying individual children are	5202
confidential and shall be disclosed only as provided by law;	5203

(d) Develop programs and projects, including pilot projects,	5204
to encourage coordinated efforts at the state and local level to	5205
improve the state's social service delivery system;	5206

(e) Enter into contracts with and administer grants to county	5207
family and children first councils, as well as other county or	5208
multicounty organizations to plan and coordinate service delivery	5209
between state agencies and local service providers for families	5210
and children;	5211

(f) Enter into contracts with and apply for grants from	5212
federal agencies or private organizations;	5213

(g) Enter into interagency agreements to encourage	5214
coordinated efforts at the state and local level to improve the	5215
state's social service delivery system. The agreements may include	5216
provisions regarding the receipt, transfer, and expenditure of	5217
funds;	5218

(h) Identify public and private funding sources for services	5219
provided to alleged or adjudicated unruly children and children	5220
who are at risk of being alleged or adjudicated unruly children,	5221
including regulations governing access to and use of the services;	5222

(i) Collect information provided by local communities	5223
regarding successful programs for prevention, intervention, and	5224
treatment of unruly behavior, including evaluations of the	5225
programs;	5226

(j) Identify and disseminate publications regarding alleged	5227
or adjudicated unruly children and children who are at risk of	5228
being alleged or adjudicated unruly children and regarding	5229
programs serving those types of children;	5230

(k) Maintain an inventory of strategic planning facilitators	5231
for use by government or nonprofit entities that serve alleged or	5232
adjudicated unruly children or children who are at risk of being	5233
alleged or adjudicated unruly children.	5234

(3) The cabinet council shall provide for the following:

5235

(a) Reviews of service and treatment plans for children for	5236
which such reviews are requested;	5237

(b) Assistance as the council determines to be necessary to	5238
meet the needs of children referred by county family and children	5239
first councils;	5240

(c) Monitoring and supervision of a statewide, comprehensive,	5241
coordinated, multi-disciplinary, interagency system for infants	5242
and toddlers with developmental disabilities or delays and their	5243
families, as established pursuant to federal grants received and	5244
administered by the department of health for early intervention	5245
services under the "Individuals with Disabilities Education Act of	5246
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	5247

(4) The cabinet council shall develop and implement the	5248
following:	5249

(a) An interagency process to select the indicators that will	5250
be used to measure progress toward increasing child well-being in	5251
the state and to update the indicators on an annual basis. The	5252
indicators shall focus on expectant parents and newborns thriving;	5253
infants and toddlers thriving; children being ready for school;	5254
children and youth succeeding in school; youth choosing healthy	5255
behaviors; and youth successfully transitioning into adulthood.	5256

(b) An interagency system to offer guidance and monitor	5257
progress toward increasing child well-being in the state and in	5258
each county;	5259

(c) An annual plan that identifies state-level agency efforts	5260
taken to ensure progress towards increasing child well-being in	5261
the state.	5262

On an annual basis, the cabinet council shall submit to the	5263
governor and the general assembly a report on the status of	5264
efforts to increase child well-being in the state. This report	5265
shall be made available to any other person on request.	5266

(B)(1) Each board of county commissioners shall establish a	5267
county family and children first council. The board may invite any	5268
local public or private agency or group that funds, advocates, or	5269
provides services to children and families to have a	5270
representative become a permanent or temporary member of its	5271
county council. Each county council must include the following	5272
individuals:	5273

(a) At least three individuals who are not employed by an	5274
agency represented on the council and whose families are or have	5275
received services from an agency represented on the council or	5276
another county's council. Where possible, the number of members	5277
representing families shall be equal to twenty per cent of the	5278
council's membership.	5279

(b) The director of the board of alcohol, drug addiction, and	5280
mental health services that serves the county, or, in the case of	5281
a county that has a board of alcohol and drug addiction services	5282
and a community mental health board, the directors of both boards.	5283
If a board of alcohol, drug addiction, and mental health services	5284
covers more than one county, the director may designate a person	5285
to participate on the county's council.	5286

(c) The health commissioner, or the commissioner's designee,	5287
of the board of health of each city and general health district in	5288
the county. If the county has two or more health districts, the	5289
health commissioner membership may be limited to the commissioners	5290
of the two districts with the largest populations.	5291

(d) The director of the county department of job and family	5292
services;	5293

(e) The executive director of the public children services	5294
agency;	5295

(f) The superintendent of the county board of developmental	5296
disabilities or, if the superintendent serves as superintendent of	5297
more than one county board of developmental disabilities, the	5298
superintendent's designee;	5299

(g) The superintendent of the city, exempted village, or	5300
local school district with the largest number of pupils residing	5301
in the county, as determined by the department of education, which	5302
shall notify each board of county commissioners of its	5303
determination at least biennially;	5304

(h) A school superintendent representing all other school	5305
districts with territory in the county, as designated at a	5306
biennial meeting of the superintendents of those districts;	5307

(i) A representative of the municipal corporation with the	5308
largest population in the county;	5309

(j) The president of the board of county commissioners or an	5310
individual designated by the board;	5311

(k) A representative of the regional office of the department	5312
of youth services;	5313

(l) A representative of the county's head start agencies, as	5314
defined in section 3301.32 of the Revised Code;	5315

(m) A representative of the county's early intervention	5316
collaborative established pursuant to the federal early	5317
intervention program operated under the "Individuals with	5318
Disabilities Education Act of 2004";	5319

(n) A representative of a local nonprofit entity that funds,	5320
advocates, or provides services to children and families.	5321

Notwithstanding any other provision of law, the public	5322
members of a county council are not prohibited from serving on the	5323
council and making decisions regarding the duties of the council,	5324
including those involving the funding of joint projects and those	5325
outlined in the county's service coordination mechanism	5326
implemented pursuant to division (C) of this section.	5327

The cabinet council shall establish a state appeals process	5328
to resolve disputes among the members of a county council	5329
concerning whether reasonable responsibilities as members are	5330
being shared. The appeals process may be accessed only by a	5331
majority vote of the council members who are required to serve on	5332
the council. Upon appeal, the cabinet council may order that state	5333
funds for services to children and families be redirected to a	5334
county's board of county commissioners.	5335

The county's juvenile court judge senior in service or	5336
another judge of the juvenile court designated by the	5337
administrative judge or, where there is no administrative judge,	5338
by the judge senior in service shall serve as the judicial advisor	5339
to the county family and children first council. The judge may	5340
advise the county council on the court's utilization of resources,	5341
services, or programs provided by the entities represented by the	5342
members of the county council and how those resources, services,	5343
or programs assist the court in its administration of justice.	5344
Service of a judge as a judicial advisor pursuant to this section	5345
is a judicial function.	5346

(2) The purpose of the county council is to streamline and	5347
coordinate existing government services for families seeking	5348
services for their children. In seeking to fulfill its purpose, a	5349
county council shall provide for the following:	5350

(a) Referrals to the cabinet council of those children for	5351
whom the county council cannot provide adequate services;	5352

(b) Development and implementation of a process that annually	5353
evaluates and prioritizes services, fills service gaps where	5354
possible, and invents new approaches to achieve better results for	5355
families and children;	5356

(c) Participation in the development of a countywide,	5357
comprehensive, coordinated, multi-disciplinary, interagency system	5358
for infants and toddlers with developmental disabilities or delays	5359
and their families, as established pursuant to federal grants	5360
received and administered by the department of health for early	5361
intervention services under the "Individuals with Disabilities	5362
Education Act of 2004";	5363

(d) Maintenance of an accountability system to monitor the	5364
county council's progress in achieving results for families and	5365
children;	5366

(e) Establishment of a mechanism to ensure ongoing input from	5367
a broad representation of families who are receiving services	5368
within the county system.	5369

(3) A county council shall develop and implement the	5370
following:	5371

(a) An interagency process to establish local indicators and	5372
monitor the county's progress toward increasing child well-being	5373
in the county;	5374

(b) An interagency process to identify local priorities to	5375
increase child well-being. The local priorities shall focus on	5376
expectant parents and newborns thriving; infants and toddlers	5377
thriving; children being ready for school; children and youth	5378
succeeding in school; youth choosing healthy behaviors; and youth	5379
successfully transitioning into adulthood and take into account	5380
the indicators established by the cabinet council under division	5381
(A)(4)(a) of this section.	5382

(c) An annual plan that identifies the county's interagency	5383
efforts to increase child well-being in the county.	5384

On an annual basis, the county council shall submit a report	5385
on the status of efforts by the county to increase child	5386
well-being in the county to the county's board of county	5387
commissioners and the cabinet council. This report shall be made	5388
available to any other person on request.	5389

(4)(a) Except as provided in division (B)(4)(b) of this	5390
section, a county council shall comply with the policies,	5391
procedures, and activities prescribed by the rules or interagency	5392
agreements of a state department participating on the cabinet	5393
council whenever the county council performs a function subject to	5394
those rules or agreements.	5395

(b) On application of a county council, the cabinet council	5396
may grant an exemption from any rules or interagency agreements of	5397
a state department participating on the council if an exemption is	5398
necessary for the council to implement an alternative program or	5399
approach for service delivery to families and children. The	5400
application shall describe the proposed program or approach and	5401
specify the rules or interagency agreements from which an	5402
exemption is necessary. The cabinet council shall approve or	5403
disapprove the application in accordance with standards and	5404
procedures it shall adopt. If an application is approved, the	5405
exemption is effective only while the program or approach is being	5406
implemented, including a reasonable period during which the	5407
program or approach is being evaluated for effectiveness.	5408

(5)(a) Each county council shall designate an administrative	5409
agent for the council from among the following public entities:	5410
the board of alcohol, drug addiction, and mental health services,	5411
including a board of alcohol and drug addiction or a community	5412
mental health board if the county is served by separate boards;	5413
the board of county commissioners; any board of health of the	5414
county's city and general health districts; the county department	5415
of job and family services; the county agency responsible for the	5416
administration of children services pursuant to section 5153.15 of	5417
the Revised Code; the county board of developmental disabilities;	5418
any of the county's boards of education or governing boards of	5419
educational service centers; or the county's juvenile court. Any	5420
of the foregoing public entities, other than the board of county	5421
commissioners, may decline to serve as the council's	5422
administrative agent.	5423

A county council's administrative agent shall serve as the	5424
council's appointing authority for any employees of the council.	5425
The council shall file an annual budget with its administrative	5426
agent, with copies filed with the county auditor and with the	5427
board of county commissioners, unless the board is serving as the	5428
council's administrative agent. The council's administrative agent	5429
shall ensure that all expenditures are handled in accordance with	5430
policies, procedures, and activities prescribed by state	5431
departments in rules or interagency agreements that are applicable	5432
to the council's functions.	5433

The administrative agent of a county council shall send	5434
notice of a member's absence if a member listed in division (B)(1)	5435
of this section has been absent from either three consecutive	5436
meetings of the county council or a county council subcommittee,	5437
or from one-quarter of such meetings in a calendar year, whichever	5438
is less. The notice shall be sent to the board of county	5439
commissioners that establishes the county council and, for the	5440
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5441
section, to the governing board overseeing the respective entity;	5442
for the member listed in division (B)(1)(f) of this section, to	5443
the county board of developmental disabilities that employs the	5444
superintendent; for a member listed in division (B)(1)(g) or (h)	5445
of this section, to the school board that employs the	5446
superintendent; for the member listed in division (B)(1)(i) of	5447
this section, to the mayor of the municipal corporation; for the	5448
member listed in division (B)(1)(k) of this section, to the	5449
director of youth services; and for the member listed in division	5450
(B)(1)(n) of this section, to that member's board of trustees.	5451

The administrative agent for a county council may do any of	5452
the following on behalf of the council:	5453

(i) Enter into agreements or administer contracts with public	5454
or private entities to fulfill specific council business. Such	5455
agreements and contracts are exempt from the competitive bidding	5456
requirements of section 307.86 of the Revised Code if they have	5457
been approved by the county council and they are for the purchase	5458
of family and child welfare or child protection services or other	5459
social or job and family services for families and children. The	5460
approval of the county council is not required to exempt	5461
agreements or contracts entered into under section 5139.34,	5462
5139.41, or 5139.43 of the Revised Code from the competitive	5463
bidding requirements of section 307.86 of the Revised Code.	5464

(ii) As determined by the council, provide financial	5465
stipends, reimbursements, or both, to family representatives for	5466
expenses related to council activity;	5467

(iii) Receive by gift, grant, devise, or bequest any moneys,	5468
lands, or other property for the purposes for which the council is	5469
established. The agent shall hold, apply, and dispose of the	5470
moneys, lands, or other property according to the terms of the	5471
gift, grant, devise, or bequest. Any interest or earnings shall be	5472
treated in the same manner and are subject to the same terms as	5473
the gift, grant, devise, or bequest from which it accrues.	5474

(b)(i) If the county council designates the board of county	5475
commissioners as its administrative agent, the board may, by	5476
resolution, delegate any of its powers and duties as	5477
administrative agent to an executive committee the board	5478
establishes from the membership of the county council. The board	5479
shall name to the executive committee at least the individuals	5480
described in divisions (B)(1)(b) to (h) of this section and may	5481
appoint the president of the board or another individual as the	5482
chair of the executive committee. The executive committee must	5483
include at least one family county council representative who does	5484
not have a family member employed by an agency represented on the	5485
council.	5486

(ii) The executive committee may, with the approval of the	5487
board, hire an executive director to assist the county council in	5488
administering its powers and duties. The executive director shall	5489
serve in the unclassified civil service at the pleasure of the	5490
executive committee. The executive director may, with the approval	5491
of the executive committee, hire other employees as necessary to	5492
properly conduct the county council's business.	5493

(iii) The board may require the executive committee to submit	5494
an annual budget to the board for approval and may amend or repeal	5495
the resolution that delegated to the executive committee its	5496
authority as the county council's administrative agent.	5497

(6) Two or more county councils may enter into an agreement	5498
to administer their county councils jointly by creating a regional	5499
family and children first council. A regional council possesses	5500
the same duties and authority possessed by a county council,	5501
except that the duties and authority apply regionally rather than	5502
to individual counties. Prior to entering into an agreement to	5503
create a regional council, the members of each county council to	5504
be part of the regional council shall meet to determine whether	5505
all or part of the members of each county council will serve as	5506
members of the regional council.	5507

(7) A board of county commissioners may approve a resolution	5508
by a majority vote of the board's members that requires the county	5509
council to submit a statement to the board each time the council	5510
proposes to enter into an agreement, adopt a plan, or make a	5511
decision, other than a decision pursuant to section 121.38 of the	5512
Revised Code, that requires the expenditure of funds for two or	5513
more families. The statement shall describe the proposed	5514
agreement, plan, or decision.	5515

Not later than fifteen days after the board receives the	5516
statement, it shall, by resolution approved by a majority of its	5517
members, approve or disapprove the agreement, plan, or decision.	5518
Failure of the board to pass a resolution during that time period	5519
shall be considered approval of the agreement, plan, or decision.	5520

An agreement, plan, or decision for which a statement is	5521
required to be submitted to the board shall be implemented only if	5522
it is approved by the board.	5523

(C) Each county shall develop a county service coordination	5524
mechanism. The county service coordination mechanism shall serve	5525
as the guiding document for coordination of services in the	5526
county. For children who also receive services under the help me	5527
grow program, the service coordination mechanism shall be	5528
consistent with rules adopted by the department of health under	5529
section 3701.61 of the Revised Code. All family service	5530
coordination plans shall be developed in accordance with the	5531
county service coordination mechanism. The mechanism shall be	5532
developed and approved with the participation of the county	5533
entities representing child welfare; mental retardation and	5534
developmental disabilities; alcohol, drug addiction, and mental	5535
health services; health; juvenile judges; education; the county	5536
family and children first council; and the county early	5537
intervention collaborative established pursuant to the federal	5538
early intervention program operated under the "Individuals with	5539
Disabilities Education Act of 2004." The county shall establish an	5540
implementation schedule for the mechanism. The cabinet council may	5541
monitor the implementation and administration of each county's	5542
service coordination mechanism.	5543

Each mechanism shall include all of the following:

5544

(1) A procedure for an agency, including a juvenile court, or	5545
a family voluntarily seeking service coordination, to refer the	5546
child and family to the county council for service coordination in	5547
accordance with the mechanism;	5548

(2) A procedure ensuring that a family and all appropriate	5549
staff from involved agencies, including a representative from the	5550
appropriate school district, are notified of and invited to	5551
participate in all family service coordination plan meetings;	5552

(3) A procedure that permits a family to initiate a meeting	5553
to develop or review the family's service coordination plan and	5554
allows the family to invite a family advocate, mentor, or support	5555
person of the family's choice to participate in any such meeting;	5556

(4) A procedure for ensuring that a family service	5557
coordination plan meeting is conducted for each child who receives	5558
service coordination under the mechanism and for whom an emergency	5559
out-of-home placement has been made or for whom a nonemergency	5560
out-of-home placement is being considered. The meeting shall be	5561
conducted within ten days of an emergency out-of-home placement.	5562
The meeting shall be conducted before a nonemergency out-of-home	5563
placement. The family service coordination plan shall outline how	5564
the county council members will jointly pay for services, where	5565
applicable, and provide services in the least restrictive	5566
environment.	5567

(5) A procedure for monitoring the progress and tracking the	5568
outcomes of each service coordination plan requested in the county	5569
including monitoring and tracking children in out-of-home	5570
placements to assure continued progress, appropriateness of	5571
placement, and continuity of care after discharge from placement	5572
with appropriate arrangements for housing, treatment, and	5573
education.;	5574

(6) A procedure for protecting the confidentiality of all	5575
personal family information disclosed during service coordination	5576
meetings or contained in the comprehensive family service	5577
coordination plan.	5578

(7) A procedure for assessing the needs and strengths of any	5579
child or family that has been referred to the council for service	5580
coordination, including a child whose parent or custodian is	5581
voluntarily seeking services, and for ensuring that parents and	5582
custodians are afforded the opportunity to participate;	5583

(8) A procedure for development of a family service	5584
coordination plan described in division (D) of this section;	5585

(9) A local dispute resolution process to serve as the	5586
process that must be used first to resolve disputes among the	5587
agencies represented on the county council concerning the	5588
provision of services to children, including children who are	5589
abused, neglected, dependent, unruly, alleged unruly, or	5590
delinquent children and under the jurisdiction of the juvenile	5591
court and children whose parents or custodians are voluntarily	5592
seeking services. The local dispute resolution process shall	5593
comply with sections 121.38, 121.381, and 121.382 of the Revised	5594
Code. The local dispute resolution process shall be used to	5595
resolve disputes between a child's parents or custodians and the	5596
county council regarding service coordination. The county council	5597
shall inform the parents or custodians of their right to use the	5598
dispute resolution process. Parents or custodians shall use	5599
existing local agency grievance procedures to address disputes not	5600
involving service coordination. The dispute resolution process is	5601
in addition to and does not replace other rights or procedures	5602
that parents or custodians may have under other sections of the	5603
Revised Code.	5604

The cabinet council shall adopt rules in accordance with	5605
Chapter 119. of the Revised Code establishing an administrative	5606
review process to address problems that arise concerning the	5607
operation of a local dispute resolution process.	5608

Nothing in division (C)(4) of this section shall be	5609
interpreted as overriding or affecting decisions of a juvenile	5610
court regarding an out-of-home placement, long-term placement, or	5611
emergency out-of-home placement.	5612

(D) Each county shall develop a family service coordination	5613
plan that does all of the following:	5614

(1) Designates service responsibilities among the various	5615
state and local agencies that provide services to children and	5616
their families, including children who are abused, neglected,	5617
dependent, unruly, or delinquent children and under the	5618
jurisdiction of the juvenile court and children whose parents or	5619
custodians are voluntarily seeking services;	5620

(2) Designates an individual, approved by the family, to	5621
track the progress of the family service coordination plan,	5622
schedule reviews as necessary, and facilitate the family service	5623
coordination plan meeting process;	5624

(3) Ensures that assistance and services to be provided are	5625
responsive to the strengths and needs of the family, as well as	5626
the family's culture, race, and ethnic group, by allowing the	5627
family to offer information and suggestions and participate in	5628
decisions. Identified assistance and services shall be provided in	5629
the least restrictive environment possible.	5630

(4) Includes a process for dealing with a child who is	5631
alleged to be an unruly child. The process shall include methods	5632
to divert the child from the juvenile court system;	5633

(5) Includes timelines for completion of goals specified in	5634
the plan with regular reviews scheduled to monitor progress toward	5635
those goals;	5636

(6) Includes a plan for dealing with short-term crisis	5637
situations and safety concerns.	5638

(E)(1) The process provided for under division (D)(4) of this	5639
section may include, but is not limited to, the following:	5640

(a) Designation of the person or agency to conduct the	5641
assessment of the child and the child's family as described in	5642
division (C)(7) of this section and designation of the instrument	5643
or instruments to be used to conduct the assessment;	5644

(b) An emphasis on the personal responsibilities of the child	5645
and the parental responsibilities of the parents, guardian, or	5646
custodian of the child;	5647

(c) Involvement of local law enforcement agencies and	5648
officials.	5649

(2) The method to divert a child from the juvenile court	5650
system that must be included in the service coordination process	5651
may include, but is not limited to, the following:	5652

(a) The preparation of a complaint under section 2151.27 of	5653
the Revised Code alleging that the child is an unruly child and	5654
notifying the child and the parents, guardian, or custodian that	5655
the complaint has been prepared to encourage the child and the	5656
parents, guardian, or custodian to comply with other methods to	5657
divert the child from the juvenile court system;	5658

(b) Conducting a meeting with the child, the parents,	5659
guardian, or custodian, and other interested parties to determine	5660
the appropriate methods to divert the child from the juvenile	5661
court system;	5662

(c) A method to provide to the child and the child's family a	5663
short-term respite from a short-term crisis situation involving a	5664
confrontation between the child and the parents, guardian, or	5665
custodian;	5666

(d) A program to provide a mentor to the child or the	5667
parents, guardian, or custodian;	5668

(e) A program to provide parenting education to the parents,	5669
guardian, or custodian;	5670

(f) An alternative school program for children who are truant	5671
from school, repeatedly disruptive in school, or suspended or	5672
expelled from school;	5673

(g) Other appropriate measures, including, but not limited	5674
to, any alternative methods to divert a child from the juvenile	5675
court system that are identified by the Ohio family and children	5676
first cabinet council.	5677

(F) Each county may review and revise the service	5678
coordination process described in division (D) of this section	5679
based on the availability of funds under Title IV-A of the "Social	5680
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	5681
or to the extent resources are available from any other federal,	5682
state, or local funds.	5683

Sec. 121.372. (A) As used in this section, "substitute care	5684
provider" means any of the following:	5685

(1) ~~An alcohol and drug~~A community addiction ~~program~~	5686
services provider subject to certification under section ~~3793.06~~	5687
5119.36 of the Revised Code;	5688

(2) An institution or association subject to certification	5689
under section 5103.03 of the Revised Code;	5690

(3) A residential facility subject to licensure under section	5691
~~5119.22~~5119.34 of the Revised Code;	5692

(4) A residential facility subject to licensure under section	5693
5123.19 of the Revised Code.	5694

(B) Not later than ninety days after ~~the effective date of~~	5695
~~this section~~March 18, 1999, the members of the Ohio family and	5696
children first cabinet council, other than the director of budget	5697
and management, shall enter into an agreement to establish an	5698
office to perform the duties prescribed by division (C) of this	5699
section. The agreement shall specify one of the departments	5700
represented on the council as the department responsible for	5701
housing and supervising the office. The agreement shall include	5702
the recommendation of the council for funding the office.	5703

(C) The office established pursuant to the agreement entered	5704
into under this section shall review rules governing the	5705
certification and licensure of substitute care providers and	5706
determine which of the rules can be made substantively identical	5707
or more similar in order to minimize the number of differing	5708
certification and licensure standards and simplify the	5709
certification or licensure process for substitute care providers	5710
seeking certification or licensure from two or more of the	5711
departments represented on the council. The office shall provide	5712
county family and children first councils, substitute care	5713
providers, and persons interested in substitute care providers the	5714
opportunity to help the office with the review and determination.	5715
The office shall report its findings to the council. Each of the	5716
departments represented on the council that has adopted rules	5717
governing the certification or licensure of substitute care	5718
providers shall review the report and amend the rules as that	5719
department considers appropriate, except that no rule shall be	5720
amended so as to make it inconsistent with substitute care	5721
provider certification or licensure procedures and standards	5722
established by federal or state law. A department shall give	5723
priority to amendments that will not increase the department's	5724
administrative costs. In amending a rule, a department shall	5725
comply with Chapter 119. or section 111.15 of the Revised Code, as	5726
required by the Revised Code section governing the adoption of the	5727
particular rule.	5728

(D) In accordance with section 124.27 of the Revised Code,	5729
the council shall select a coordinator to oversee the office	5730
established pursuant to the agreement entered into under this	5731
section. The coordinator shall be in the classified service. In	5732
addition to overseeing the office, the coordinator shall perform	5733
any other duties the council assigns to the coordinator. The	5734
duties the council assigns to the coordinator shall be related to	5735
the duties of the office under division (C) of this section.	5736

Sec. 121.483. A deputy inspector general appointed under	5737
section 121.48 of the Revised Code, who has been awarded a	5738
certificate by the executive director of the Ohio peace officer	5739
training commission attesting to the person's satisfactory	5740
completion of an approved state, county, or municipal peace	5741
officer basic training program, shall have the power and authority	5742
of a peace officer under the laws of this state while engaged in	5743
the scope of the deputy inspector general's duties.	5744

Sec. 122.075. (A) As used in this section:

5745

(1) "Alternative fuel" has the same meaning as in section	5746
125.831 of the Revised Code.	5747

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	5748
fuel that is derived from vegetable oils or animal fats, or any	5749
combination of those reagents, and that meets American society for	5750
testing and materials specification D6751-03a for biodiesel fuel	5751
(B100) blend stock distillate fuels.	5752

(3) "Diesel fuel" and "gasoline" have the same meanings as in	5753
section 5735.01 of the Revised Code.	5754

(4) "Ethanol" has the same meaning as in section 5733.46 of	5755
the Revised Code.	5756

(5) "Blended biodiesel" means diesel fuel containing at least	5757
twenty per cent biodiesel by volume.	5758

(6) "Blended gasoline" means gasoline containing at least	5759
eighty-five per cent ethanol by volume.	5760

(7) "Incremental cost" means either of the following:

5761

(a) The difference in cost between blended gasoline and	5762
gasoline containing ten per cent or less ethanol at the time that	5763
the blended gasoline is purchased;	5764

(b) The difference in cost between blended biodiesel and	5765
diesel fuel containing two per cent or less biodiesel at the time	5766
that the blended biodiesel is purchased.	5767

(B) For the purpose of improving the air quality in this	5768
state, the director of development services shall establish an	5769
alternative fuel transportation program under which the director	5770
may make grants and loans to businesses, nonprofit organizations,	5771
public school systems, or local governments for the purchase and	5772
installation of alternative fuel refueling or distribution	5773
facilities and terminals, for the purchase and use of alternative	5774
fuel, to pay the cost of fleet conversion, and to pay the costs of	5775
educational and promotional materials and activities intended for	5776
prospective alternative fuel consumers, fuel marketers, and others	5777
in order to increase the availability and use of alternative fuel.	5778

(C) The director, in consultation with the director of	5779
agriculture, shall adopt rules in accordance with Chapter 119. of	5780
the Revised Code that are necessary for the administration of the	5781
alternative fuel transportation program. The rules shall establish	5782
at least all of the following:	5783

(1) An application form and procedures governing the	5784
application process for receiving funds under the program;	5785

(2) A procedure for prioritizing the award of grants and	5786
loans under the program. The procedures shall give preference to	5787
all of the following:	5788

(a) Publicly accessible refueling facilities;

5789

(b) Entities applying to the program that have secured	5790
funding from other sources, including, but not limited to, private	5791
or federal incentives;	5792

(c) Entities that have presented compelling evidence of	5793
demand in the market in which the facilities or terminals will be	5794
located;	5795

(d) Entities that have committed to utilizing purchased or	5796
installed facilities or terminals for the greatest number of	5797
years;	5798

(e) Entities that will be purchasing or installing facilities	5799
or terminals for any type of alternative fuel.	5800

(3) A requirement that the maximum incentive for the purchase	5801
and installation of an alternative fuel refueling or distribution	5802
facility or terminal be eighty per cent of the cost of the	5803
facility or terminal, except that at least twenty per cent of the	5804
total ~~net~~ cost of the facility or terminal shall be incurred by	5805
the recipient and not compensated for by any other source;	5806

(4) A requirement that the maximum incentive for the purchase	5807
of alternative fuel be eighty per cent of the cost of the fuel or,	5808
in the case of blended biodiesel or blended gasoline, eighty per	5809
cent of the incremental cost of the blended biodiesel or blended	5810
gasoline;	5811

(5) Any other criteria, procedures, or guidelines that the	5812
director determines are necessary to administer the program,	5813
including fees, charges, interest rates, and payment schedules.	5814

(D) An applicant for a grant or loan under this section that	5815
sells motor vehicle fuel at retail shall agree that if the	5816
applicant receives funding, the applicant will report to the	5817
director the gallon or gallon equivalent amounts of alternative	5818
fuel the applicant sells at retail in this state for a period of	5819
three years after the project is completed.	5820

The director shall enter into a written confidentiality	5821
agreement with the applicant regarding the gallon or gallon	5822
equivalent amounts sold as described in this division, and upon	5823
execution of the agreement this information is not a public	5824
record.	5825

(E) There is hereby created in the state treasury the	5826
alternative fuel transportation fund. The fund shall consist of	5827
money transferred to the fund under division ~~(C)~~(B) of section	5828
125.836 and under division (B)(2) of section 3706.27 of the	5829
Revised Code, money that is appropriated to it by the general	5830
assembly, ~~and~~ money as may be specified by the general assembly	5831
from the advanced energy fund created by section 4928.61 of the	5832
Revised Code, and all money received from the repayment of loans	5833
made from the fund or in the event of a default on any such loan.	5834
Money in the fund shall be used to make grants and loans under the	5835
alternative fuel transportation program and by the director in the	5836
administration of that program.	5837

Sec. 122.083. (A) The director of development shall	5838
administer a shovel ready sites program to provide grants for	5839
projects to port authorities and development entities approved by	5840
the director. Grants may be used to pay the costs of any or all of	5841
the following:	5842

(1) Acquisition of property, including options;

5843

(2) Preparation of sites, including brownfield clean-up	5844
activities;	5845

(3) Construction of road, water, telecommunication, and	5846
utility infrastructure;	5847

(4) Payment of professional fees the amount of which shall	5848
not exceed twenty per cent of the grant amount for a project.	5849

(B) The director shall adopt rules in accordance with Chapter	5850
119. of the Revised Code that establish procedures and	5851
requirements necessary for the administration of the program,	5852
including a requirement that a recipient of a grant enter into an	5853
agreement with the director governing the use of the grant.	5854

~~(C) There is hereby created in the state treasury the shovel~~	5855
~~ready sites fund consisting of money appropriated to it. Money in~~	5856
~~the fund shall be used solely for the purposes of this section.~~	5857

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

5858

(1) "Income tax revenue" means the total amount withheld	5859
under section 5747.06 of the Revised Code by the taxpayer during	5860
the taxable year, or during the calendar year that includes the	5861
tax period, from the compensation of each employee or each	5862
home-based employee employed in the project to the extent the	5863
employee's withholdings are not used to determine the credit under	5864
section 122.171 of the Revised Code. "Income tax revenue" excludes	5865
amounts withheld before the day the taxpayer becomes eligible for	5866
the credit.	5867

(2) "Baseline income tax revenue" means income tax revenue	5868
except that the applicable withholding period is the twelve months	5869
immediately preceding the date the tax credit authority approves	5870
the taxpayer's application or the date the tax credit authority	5871
receives the recommendation described in division (C)(2)(a) of	5872
this section, whichever occurs first, multiplied by the sum of one	5873
plus an annual pay increase factor to be determined by the tax	5874
credit authority. If the taxpayer becomes eligible for the credit	5875
after the first day of the taxpayer's taxable year or after the	5876
first day of the calendar year that includes the tax period, the	5877
taxpayer's baseline income tax revenue for the first such taxable	5878
or calendar year of credit eligibility shall be reduced in	5879
proportion to the number of days during the taxable or calendar	5880
year for which the taxpayer was not eligible for the credit. For	5881
subsequent taxable or calendar years, "baseline income tax	5882
revenue" equals the unreduced baseline income tax revenue for the	5883
preceding taxable or calendar year multiplied by the sum of one	5884
plus the pay increase factor.	5885

(3) "Excess income tax revenue" means income tax revenue	5886
minus baseline income tax revenue.	5887

(4) "Home-based employee" means an employee whose services	5888
are performed primarily from the employee's residence in this	5889
state exclusively for the benefit of the project and whose rate of	5890
pay is at least one hundred thirty-one per cent of the federal	5891
minimum wage under 29 U.S.C. 206.	5892

(B) The tax credit authority may make grants under this	5893
section to foster job creation in this state. Such a grant shall	5894
take the form of a refundable credit allowed against the tax	5895
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	5896
or levied under Chapter 5751. of the Revised Code. The credit	5897
shall be claimed for the taxable years or tax periods specified in	5898
the taxpayer's agreement with the tax credit authority under	5899
division (D) of this section. With respect to taxes imposed under	5900
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	5901
Revised Code, the credit shall be claimed in the order required	5902
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	5903
Code. The amount of the credit available for a taxable year or for	5904
a calendar year that includes a tax period equals the excess	5905
income tax revenue for that year multiplied by the percentage	5906
specified in the agreement with the tax credit authority. Any	5907
credit granted under this section against the tax imposed by	5908
section 5733.06 or 5747.02 of the Revised Code, to the extent not	5909
fully utilized against such tax for taxable years ending prior to	5910
2008, shall automatically be converted without any action taken by	5911
the tax credit authority to a credit against the tax levied under	5912
Chapter 5751. of the Revised Code for tax periods beginning on or	5913
after July 1, 2008, provided that the person to whom the credit	5914
was granted is subject to such tax. The converted credit shall	5915
apply to those calendar years in which the remaining taxable years	5916
specified in the agreement end.	5917

(C)(1) A taxpayer or potential taxpayer who proposes a	5918
project to create new jobs in this state may apply to the tax	5919
credit authority to enter into an agreement for a tax credit under	5920
this section.	5921

An application shall not propose to include both home-based	5922
employees and employees who are not home-based employees in the	5923
computation of income tax revenue for the purposes of the same tax	5924
credit agreement. If a taxpayer or potential taxpayer employs both	5925
home-based employees and employees who are not home-based	5926
employees in a project, the taxpayer shall submit separate	5927
applications for separate tax credit agreements for the project,	5928
one of which shall include home-based employees in the computation	5929
of income tax revenue and one of which shall include all other	5930
employees in the computation of income tax revenue.	5931

The director of development services shall prescribe the form	5932
of the application. After receipt of an application, the authority	5933
may enter into an agreement with the taxpayer for a credit under	5934
this section if it determines all of the following:	5935

(a) The taxpayer's project will increase payroll and income	5936
tax revenue;	5937

(b) The taxpayer's project is economically sound and will	5938
benefit the people of this state by increasing opportunities for	5939
employment and strengthening the economy of this state;	5940

(c) Receiving the tax credit is a major factor in the	5941
taxpayer's decision to go forward with the project.	5942

(2)(a) A taxpayer that chooses to begin the project prior to	5943
receiving the determination of the authority may, upon submitting	5944
the taxpayer's application to the authority, request that the	5945
chief investment officer of the nonprofit corporation formed under	5946
section 187.01 of the Revised Code and the director review the	5947
taxpayer's application and recommend to the authority that the	5948
taxpayer's application be considered. As soon as possible after	5949
receiving such a request, the chief investment officer and the	5950
director shall review the taxpayer's application and, if they	5951
determine that the application warrants consideration by the	5952
authority, make that recommendation to the authority not later	5953
than six months after the application is received by the	5954
authority.	5955

(b) The authority shall consider any taxpayer's application	5956
for which it receives a recommendation under division (C)(2)(a) of	5957
this section. If the authority determines that the taxpayer does	5958
not meet all of the criteria set forth in division (C)(1) of this	5959
section, the authority and the development services agency shall	5960
proceed in accordance with rules adopted by the director pursuant	5961
to division (I) of this section.	5962

(D) An agreement under this section shall include all of the	5963
following:	5964

(1) A detailed description of the project that is the subject	5965
of the agreement;	5966

(2)(a) The term of the tax credit, which, except as provided	5967
in division (D)(2)(b) of this section, shall not exceed fifteen	5968
years, and the first taxable year, or first calendar year that	5969
includes a tax period, for which the credit may be claimed;	5970

(b) If the tax credit is computed on the basis of home-based	5971
employees, the term of the credit shall expire on or before the	5972
last day of the taxable or calendar year ending before the	5973
beginning of the seventh year after September 6, 2012, the	5974
effective date of H.B. 327 of the 129th general assembly;.	5975

(3) A requirement that the taxpayer shall maintain operations	5976
at the project location for at least the greater of seven years or	5977
the term of the credit plus three years;	5978

(4) The percentage, as determined by the tax credit	5979
authority, of excess income tax revenue that will be allowed as	5980
the amount of the credit for each taxable year or for each	5981
calendar year that includes a tax period;	5982

(5) The pay increase factor to be applied to the taxpayer's	5983
baseline income tax revenue;	5984

(6) A requirement that the taxpayer annually shall report to	5985
the director of development services employment, tax withholding,	5986
investment, the provision of health care benefits and tuition	5987
reimbursement if required in the agreement, and other information	5988
the director needs to perform the director's duties under this	5989
section;	5990

(7) A requirement that the director of development services	5991
annually review the information reported under division (D)(6) of	5992
this section and verify compliance with the agreement; if the	5993
taxpayer is in compliance, a requirement that the director issue a	5994
certificate to the taxpayer stating that the information has been	5995
verified and identifying the amount of the credit that may be	5996
claimed for the taxable or calendar year;	5997

(8) A provision providing that the taxpayer may not relocate	5998
a substantial number of employment positions from elsewhere in	5999
this state to the project location unless the director of	6000
development services determines that the legislative authority of	6001
the county, township, or municipal corporation from which the	6002
employment positions would be relocated has been notified by the	6003
taxpayer of the relocation.	6004

For purposes of this section, the movement of an employment	6005
position from one political subdivision to another political	6006
subdivision shall be considered a relocation of an employment	6007
position unless the employment position in the first political	6008
subdivision is replaced.	6009

(9) If the tax credit is computed on the basis of home-based	6010
employees, that the tax credit may not be claimed by the taxpayer	6011
until the taxable year or tax period in which the taxpayer employs	6012
at least two hundred employees more than the number of employees	6013
the taxpayer employed on June 30, 2011.	6014

(E) If a taxpayer fails to meet or comply with any condition	6015
or requirement set forth in a tax credit agreement, the tax credit	6016
authority may amend the agreement to reduce the percentage or term	6017
of the tax credit. The reduction of the percentage or term may	6018
take effect in the current taxable or calendar year.	6019

(F) Projects that consist solely of point-of-final-purchase	6020
retail facilities are not eligible for a tax credit under this	6021
section. If a project consists of both point-of-final-purchase	6022
retail facilities and nonretail facilities, only the portion of	6023
the project consisting of the nonretail facilities is eligible for	6024
a tax credit and only the excess income tax revenue from the	6025
nonretail facilities shall be considered when computing the amount	6026
of the tax credit. If a warehouse facility is part of a	6027
point-of-final-purchase retail facility and supplies only that	6028
facility, the warehouse facility is not eligible for a tax credit.	6029
Catalog distribution centers are not considered	6030
point-of-final-purchase retail facilities for the purposes of this	6031
division, and are eligible for tax credits under this section.	6032

(G) Financial statements and other information submitted to	6033
the development services agency or the tax credit authority by an	6034
applicant or recipient of a tax credit under this section, and any	6035
information taken for any purpose from such statements or	6036
information, are not public records subject to section 149.43 of	6037
the Revised Code. However, the chairperson of the authority may	6038
make use of the statements and other information for purposes of	6039
issuing public reports or in connection with court proceedings	6040
concerning tax credit agreements under this section. Upon the	6041
request of the tax commissioner or, if the applicant or recipient	6042
is an insurance company, upon the request of the superintendent of	6043
insurance, the chairperson of the authority shall provide to the	6044
commissioner or superintendent any statement or information	6045
submitted by an applicant or recipient of a tax credit in	6046
connection with the credit. The commissioner or superintendent	6047
shall preserve the confidentiality of the statement or	6048
information.	6049

(H) A taxpayer claiming a credit under this section shall	6050
submit to the tax commissioner or, if the taxpayer is an insurance	6051
company, to the superintendent of insurance, a copy of the	6052
director of development services' certificate of verification	6053
under division (D)(7) of this section with the taxpayer's tax	6054
report or return for the taxable year or for the calendar year	6055
that includes the tax period. Failure to submit a copy of the	6056
certificate with the report or return does not invalidate a claim	6057
for a credit if the taxpayer submits a copy of the certificate to	6058
the commissioner or superintendent within sixty days after the	6059
commissioner or superintendent requests it.	6060

(I) The director of development services, after consultation	6061
with the tax commissioner and the superintendent of insurance and	6062
in accordance with Chapter 119. of the Revised Code, shall adopt	6063
rules necessary to implement this section, including rules that	6064
establish a procedure to be followed by the tax credit authority	6065
and the development services agency in the event the authority	6066
considers a taxpayer's application for which it receives a	6067
recommendation under division (C)(2)(a) of this section but does	6068
not approve it. The rules may provide for recipients of tax	6069
credits under this section to be charged fees to cover	6070
administrative costs of the tax credit program. The fees collected	6071
shall be credited to the business assistance fund created in	6072
section 122.174 of the Revised Code. At the time the director	6073
gives public notice under division (A) of section 119.03 of the	6074
Revised Code of the adoption of the rules, the director shall	6075
submit copies of the proposed rules to the chairpersons of the	6076
standing committees on economic development in the senate and the	6077
house of representatives.	6078

(J) For the purposes of this section, a taxpayer may include	6079
a partnership, a corporation that has made an election under	6080
subchapter S of chapter one of subtitle A of the Internal Revenue	6081
Code, or any other business entity through which income flows as a	6082
distributive share to its owners. A partnership, S-corporation, or	6083
other such business entity may elect to pass the credit received	6084
under this section through to the persons to whom the income or	6085
profit of the partnership, S-corporation, or other entity is	6086
distributed. The election shall be made on the annual report	6087
required under division (D)(6) of this section. The election	6088
applies to and is irrevocable for the credit for which the report	6089
is submitted. If the election is made, the credit shall be	6090
apportioned among those persons in the same proportions as those	6091
in which the income or profit is distributed.	6092

(K) If the director of development services determines that a	6093
taxpayer who has received a credit under this section is not	6094
complying with the requirement under division (D)(3) of this	6095
section, the director shall notify the tax credit authority of the	6096
noncompliance. After receiving such a notice, and after giving the	6097
taxpayer an opportunity to explain the noncompliance, the tax	6098
credit authority may require the taxpayer to refund to this state	6099
a portion of the credit in accordance with the following:	6100

(1) If the taxpayer maintained operations at the project	6101
location for a period less than or equal to the term of the	6102
credit, an amount not exceeding one hundred per cent of the sum of	6103
any credits allowed and received under this section;	6104

(2) If the taxpayer maintained operations at the project	6105
location for a period longer than the term of the credit, but less	6106
than the greater of seven years or the term of the credit plus	6107
three years, an amount not exceeding seventy-five per cent of the	6108
sum of any credits allowed and received under this section.	6109

In determining the portion of the tax credit to be refunded	6110
to this state, the tax credit authority shall consider the effect	6111
of market conditions on the taxpayer's project and whether the	6112
taxpayer continues to maintain other operations in this state.	6113
After making the determination, the authority shall certify the	6114
amount to be refunded to the tax commissioner or superintendent of	6115
insurance, as appropriate. If the amount is certified to the	6116
commissioner, the commissioner shall make an assessment for that	6117
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6118
5751. of the Revised Code. If the amount is certified to the	6119
superintendent, the superintendent shall make an assessment for	6120
that amount against the taxpayer under Chapter 5725. or 5729. of	6121
the Revised Code. The time limitations on assessments under those	6122
chapters do not apply to an assessment under this division, but	6123
the commissioner or superintendent, as appropriate, shall make the	6124
assessment within one year after the date the authority certifies	6125
to the commissioner or superintendent the amount to be refunded.	6126

(L) On or before the first day of August each year, the	6127
director of development services shall submit a report to the	6128
governor, the president of the senate, and the speaker of the	6129
house of representatives on the tax credit program under this	6130
section. The report shall include information on the number of	6131
agreements that were entered into under this section during the	6132
preceding calendar year, a description of the project that is the	6133
subject of each such agreement, and an update on the status of	6134
projects under agreements entered into before the preceding	6135
calendar year.	6136

(M) There is hereby created the tax credit authority, which	6137
consists of the director of development services and four other	6138
members appointed as follows: the governor, the president of the	6139
senate, and the speaker of the house of representatives each shall	6140
appoint one member who shall be a specialist in economic	6141
development; the governor also shall appoint a member who is a	6142
specialist in taxation. Of the initial appointees, the members	6143
appointed by the governor shall serve a term of two years; the	6144
members appointed by the president of the senate and the speaker	6145
of the house of representatives shall serve a term of four years.	6146
Thereafter, terms of office shall be for four years. Initial	6147
appointments to the authority shall be made within thirty days	6148
after January 13, 1993. Each member shall serve on the authority	6149
until the end of the term for which the member was appointed.	6150
Vacancies shall be filled in the same manner provided for original	6151
appointments. Any member appointed to fill a vacancy occurring	6152
prior to the expiration of the term for which the member's	6153
predecessor was appointed shall hold office for the remainder of	6154
that term. Members may be reappointed to the authority. Members of	6155
the authority shall receive their necessary and actual expenses	6156
while engaged in the business of the authority. The director of	6157
development services shall serve as chairperson of the authority,	6158
and the members annually shall elect a vice-chairperson from among	6159
themselves. Three members of the authority constitute a quorum to	6160
transact and vote on the business of the authority. The majority	6161
vote of the membership of the authority is necessary to approve	6162
any such business, including the election of the vice-chairperson.	6163

The director of development services may appoint a	6164
professional employee of the development services agency to serve	6165
as the director's substitute at a meeting of the authority. The	6166
director shall make the appointment in writing. In the absence of	6167
the director from a meeting of the authority, the appointed	6168
substitute shall serve as chairperson. In the absence of both the	6169
director and the director's substitute from a meeting, the	6170
vice-chairperson shall serve as chairperson.	6171

(N) For purposes of the credits granted by this section	6172
against the taxes imposed under sections 5725.18 and 5729.03 of	6173
the Revised Code, "taxable year" means the period covered by the	6174
taxpayer's annual statement to the superintendent of insurance.	6175

(O) On or before the first day of ~~January~~March of each of	6176
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6177
~~of the 129th general assembly becomeseffective~~beginning with	6178
2014, each taxpayer subject to an agreement with the tax credit	6179
authority under this section on the basis of home-based employees	6180
shall report the number of home-based employees and other	6181
employees employed by the taxpayer in this state to the ~~department~~	6182
of development services agency.	6183

(P) On or before the first day of January of ~~the seventh~~	6184
~~calendar year following the year in which H.B. 327 of the 129th~~	6185
~~general assembly became effective~~2019, the director of	6186
development services shall submit a report to the governor, the	6187
president of the senate, and the speaker of the house of	6188
representatives on the effect of agreements entered into under	6189
this section in which the taxpayer included home-based employees	6190
in the computation of income tax revenue. The report shall include	6191
information on the number of such agreements that were entered	6192
into in the preceding six years, a description of the projects	6193
that were the subjects of such agreements, and an analysis of	6194
nationwide home-based employment trends, including the number of	6195
home-based jobs created from July 1, 2011, through June 30, 2017,	6196
and a description of any home-based employment tax incentives	6197
provided by other states during that time.	6198

(Q) The director of development services may require any	6199
agreement entered into under this section for a tax credit	6200
computed on the basis of home-based employees to contain a	6201
provision that the taxpayer makes available health care benefits	6202
and tuition reimbursement to all employees.	6203

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	6204
of the Revised Code:	6205

(A) "New technology" means the development through science or	6206
research of methods, processes, and procedures, including but not	6207
limited to those involving the processing and utilization of coal,	6208
for practical application in industrial or agribusiness	6209
situations.	6210

(B) "Industrial research" means study and investigation in	6211
giving new shapes, new qualities or new combinations to matter or	6212
material products by the application of labor thereto or the	6213
rehabilitation of an existing matter or material product.	6214

(C) "Enterprise" means a business with its principal place of	6215
business in this state or which proposes to be engaged in this	6216
state in research and development or in the provision of products	6217
or services involving a significant amount of new technology.	6218

(D) "Educational institutions" means nonprofit public and	6219
private colleges and universities, incorporated or unincorporated,	6220
in the state.	6221

(E) "Small business" means an enterprise with less than four	6222
hundred employees, including corporations, partnerships,	6223
unincorporated entities, proprietorships, and joint enterprises.	6224

(F) "Applied research" means the application of basic	6225
research for the development of new technology.	6226

Sec. 122.30. The ~~industrial technology and enterprise~~	6227
~~advisory council and the~~ director of development ~~are~~services is	6228
vested with the powers and duties provided in sections 122.28 and	6229
122.30 to 122.36 of the Revised Code, to promote the welfare of	6230
the people of the state through the interaction of the business	6231
and industrial community and educational institutions in the	6232
development of new technology and enterprise.	6233

(A) It is necessary for the state to establish the ~~industrial~~	6234
~~technology and enterprise advisory council and the~~ programs	6235
created pursuant to sections 122.28 and 122.30 to 122.36 of the	6236
Revised Code to accomplish the following purposes which are	6237
determined to be essential:	6238

(1) Improve the existing industrial and agricultural base of	6239
the state;	6240

(2) Improve the economy of the state by providing employment,	6241
increasing productivity, and slowing the rate of inflation;	6242

(3) Develop markets worldwide for the products of the state's	6243
natural resources and agricultural and manufacturing industries;	6244

(4) Maintain a high standard of living for the people of the	6245
state.	6246

(B) ~~The industrial technology and enterprise advisory council~~	6247
~~shall do all of the following:~~	6248

~~(1) Make recommendations to the director of development as to~~	6249
~~applications for assistance pursuant to sections 122.28 to 122.36~~	6250
~~of the Revised Code. The council may revise its recommendations to~~	6251
~~reflect any changes in the proposed assistance made by the~~	6252
~~director.~~	6253

~~(2) Advise the director in the administration of sections~~	6254
~~122.28 to 122.36 of the Revised Code;~~	6255

~~(3) Adopt bylaws to govern the conduct of the council's~~	6256
~~business.~~	6257

~~(C)~~ The director ~~of development~~ shall do all of the	6258
following:	6259

(1) Receive applications for assistance under sections 122.28	6260
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	6261
~~forward them to the council together with necessary supporting~~	6262
~~information~~;	6263

(2) ~~Receive the recommendations of the council and make~~Make	6264
a ~~final~~ determination whether to approve the application for	6265
assistance;	6266

(3) Transmit determinations to approve assistance exceeding	6267
forty thousand dollars to the controlling board, together with any	6268
information the controlling board requires, for the board's review	6269
and decision as to whether to approve the assistance;	6270

(4) Gather and disseminate information and conduct hearings,	6271
conferences, seminars, investigations, and special studies on	6272
problems and programs concerning industrial research and new	6273
technology and their commercial applications in the state;	6274

(5) Establish an annual program to recognize the	6275
accomplishments and contributions of individuals and organizations	6276
in the development of industrial research and new technology in	6277
the state;	6278

(6) Stimulate both public and industrial awareness and	6279
interest in industrial research and development of new technology	6280
primarily in the areas of industrial processes, implementation,	6281
energy, agribusiness, medical technology, avionics, and food	6282
processing;	6283

(7) Develop and implement comprehensive and coordinated	6284
policies, programs, and procedures promoting industrial research	6285
and new technology;	6286

(8) Propose appropriate legislation or executive actions to	6287
stimulate the development of industrial research and new	6288
technology by enterprises and individuals;	6289

(9) Encourage and facilitate contracts between industry,	6290
agriculture, educational institutions, federal agencies, and state	6291
agencies, with special emphasis on industrial research and new	6292
technology by small businesses and agribusiness;	6293

(10) Participate with any state agency in developing specific	6294
programs and goals to assist in the development of industrial	6295
research and new technology and monitor performance;	6296

(11) Assist enterprises in obtaining alternative forms of	6297
governmental or commercial financing for industrial research and	6298
new technology;	6299

(12) Assist enterprises or individuals in the implementation	6300
of new programs and policies and the expansion of existing	6301
programs to provide an atmosphere conducive to increased	6302
cooperation among and participation by individuals, enterprises,	6303
and educational institutions engaged in industrial research and	6304
the development of new technology;	6305

(13) Advertise, prepare, print, and distribute books, maps,	6306
pamphlets, and other information ~~which in the judgment of the~~	6307
~~director will further its purposes~~;	6308

(14) Include in the director's annual report to the governor	6309
and the general assembly a report on the activities for the	6310
preceding calendar year under sections 122.28 and 122.30 to 122.36	6311
of the Revised Code;	6312

(15) Approve the expenditure of money appropriated by the	6313
general assembly for the purpose of sections 122.28 and 122.30 to	6314
122.36 of the Revised Code;	6315

(16) Identify and implement federal research and development	6316
programs which would link Ohio's industrial base, research	6317
facilities, and natural resources;	6318

(17) Employ and fix the compensation of technical and	6319
professional personnel, who shall be in the unclassified civil	6320
service, and employ other personnel, who shall be in the	6321
classified civil service, as necessary to carry out the provisions	6322
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	6323

Sec. 122.31. All expenses and obligations incurred by the	6324
director of development ~~and the industrial technology and~~	6325
~~enterprise advisory council~~services in carrying out ~~their~~the	6326
director's powers and ~~in exercising their~~ duties under sections	6327
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	6328
revenues or other receipts or income from grants, gifts,	6329
contributions, compensation, reimbursement, and funds established	6330
in accordance with those sections or general revenue funds	6331
appropriated by the general assembly for operating expenses of the	6332
director ~~or council~~.	6333

Sec. 122.32. The director of development services, on behalf	6334
of the programs authorized pursuant to sections 122.28 and 122.30	6335
to 122.36 of the Revised Code, may receive and accept grants,	6336
gifts, and contributions of money, property, labor, and other	6337
things of value to be held, used, and applied only for the purpose	6338
for which the grants, gifts, and contributions are made, from	6339
individuals, private and public corporations, from the United	6340
States or any agency of the United States, and from any political	6341
subdivision of the state. The director may agree to repay any	6342
contribution of money or to return any property contributed or its	6343
value at times, in amounts, and on terms and conditions excluding	6344
the payment of interest as the director determines at the time the	6345
contribution is made. The director may evidence the obligation by	6346
written contracts, subject to section 122.31 of the Revised Code,	6347
provided that the director shall not thereby incur indebtedness of	6348
or impose liability upon the state or any political subdivision.	6349

Sec. 122.33. The director of development services shall	6350
administer the following programs:	6351

(A) The industrial technology and enterprise development	6352
grant program, to provide capital to acquire, construct, enlarge,	6353
improve, or equip and to sell, lease, exchange, and otherwise	6354
dispose of property, structures, equipment, and facilities within	6355
the state.	6356

Such funding may be made to enterprises that propose to	6357
develop new products or technologies when the director finds all	6358
of the following factors to be present:	6359

(1) The undertaking will benefit the people of the state by	6360
creating or preserving jobs and employment opportunities or	6361
improving the economic welfare of the people of the state, and	6362
promoting the development of new technology.	6363

(2) There is reasonable assurance that the potential	6364
royalties to be derived from the sale of the product or process	6365
described in the proposal will be sufficient to repay the funding	6366
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	6367
Code and that, in making the agreement, as it relates to patents,	6368
copyrights, and other ownership rights, there is reasonable	6369
assurance that the resulting new technology will be utilized to	6370
the maximum extent possible in facilities located in Ohio.	6371

(3) The technology and research to be undertaken will allow	6372
enterprises to compete more effectively in the marketplace. Grants	6373
of capital may be in such form and conditioned upon such terms as	6374
the ~~board~~director deems appropriate.	6375

(B) The industrial technology and enterprise resources	6376
program to provide for the collection, dissemination, and exchange	6377
of information regarding equipment, facilities, and business	6378
planning consultation resources available in business, industry,	6379
and educational institutions and to establish methods by which	6380
small businesses may use available facilities and resources. The	6381
methods may include, but need not be limited to, leases	6382
reimbursing the educational institutions for their actual costs	6383
incurred in maintaining the facilities and agreements assigning	6384
royalties from development of successful products or processes	6385
through the use of the facilities and resources. The director	6386
shall operate this program in conjunction with the board of	6387
regents.	6388

(C) The Thomas Alva Edison grant program to provide grants to	6389
foster research, development, or technology transfer efforts	6390
involving enterprises and educational institutions that will lead	6391
to the creation of jobs.	6392

(1) Grants may be made to a nonprofit organization or a	6393
public or private educational institution, department, college,	6394
institute, faculty member, or other administrative subdivision or	6395
related entity of an educational institution when the director	6396
finds that the undertaking will benefit the people of the state by	6397
supporting research in advanced technology areas likely to improve	6398
the economic welfare of the people of the state through promoting	6399
the development of new commercial technology.	6400

(2) Grants may be made in a form and conditioned upon terms	6401
as the director considers appropriate.	6402

(3) Grants made under this program shall in all instances be	6403
in conjunction with a contribution to the project by a cooperating	6404
enterprise which maintains or proposes to maintain a relevant	6405
research, development, or manufacturing facility in the state, by	6406
a nonprofit organization, or by an educational institution or	6407
related entity; however, funding provided by an educational	6408
institution or related entity shall not be from general revenue	6409
funds appropriated by the Ohio general assembly. No grant made	6410
under this program shall exceed the contribution made by the	6411
cooperating enterprise, nonprofit organization, or educational	6412
institution or related entity. The director may consider	6413
cooperating contributions in the form of state of the art new	6414
equipment or in other forms provided the director determines that	6415
the contribution is essential to the successful implementation of	6416
the project. The director may adopt rules or guidelines for the	6417
valuation of contributions of equipment or other property.	6418

(4) The director may determine fields of research from which	6419
grant applications will be accepted under this program.	6420

Sec. 122.34. The exercise of the powers granted by sections	6421
122.28 and 122.30 to 122.36 of the Revised Code will be in all	6422
respects for the benefit of the people of the state, for the	6423
improvement of commerce and prosperity, improvement of employment	6424
conditions, and will constitute the performance of essential	6425
governmental functions.	6426

Sec. 122.35. All moneys received under sections 122.28 and	6427
122.30 to 122.36 of the Revised Code are trust funds to be held	6428
and applied solely as provided in those sections and section	6429
166.03 of the Revised Code. All moneys, except when deposited with	6430
the treasurer of the state, shall be kept and secured in	6431
depositories as selected by the director of development services	6432
in the manner provided in sections 135.01 to 135.21 of the Revised	6433
Code, insofar as those sections are applicable. All moneys held by	6434
the director in trust to carry out the purposes of sections 122.28	6435
and 122.30 to 122.36 of the Revised Code shall be used as provided	6436
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	6437
no time be part of other public funds.	6438

Sec. 122.36. Any materials or data submitted to, made	6439
available to, or received by the director of development~~, the~~	6440
~~industrial technology and enterprise advisory council,~~services or	6441
the controlling board, to the extent that the material or data	6442
consist of trade secrets, as defined in section 1333.61 of the	6443
Revised Code, or commercial or financial information, regarding	6444
projects are not public records for the purposes of section 149.43	6445
of the Revised Code.	6446

Sec. 122.657. For the purposes of sections 122.65 to 122.658	6447
of the Revised Code, the director of development shall establish	6448
policies and requirements regarding all of the following:	6449

(A) The form and content of applications for grants or loans	6450
from the clean Ohio revitalization fund under section 122.652 of	6451
the Revised Code. The policies and requirements shall require that	6452
each application include, at a minimum, all of the following:	6453

(1) The name, address, and telephone number of the applicant;

6454

(2) The legal description of the property for which the grant	6455
or loan is requested;	6456

(3) A summary description of the hazardous substances or	6457
petroleum present at the brownfield and a certified copy of the	6458
results of an assessment;	6459

(4) A detailed explanation of the proposed cleanup or	6460
remediation of the brownfield, including an identification of the	6461
applicable cleanup standards, and a detailed description of the	6462
proposed use of the brownfield after completion of the cleanup or	6463
remediation;	6464

(5) An estimate of the total cost to clean up or remediate	6465
the brownfield in order to comply with the applicable cleanup	6466
standards. The total cost shall include the cost of employing a	6467
certified professional under section 122.654 of the Revised Code.	6468

(6) A detailed explanation of the portion of the estimated	6469
total cost of the cleanup or remediation of the brownfield that	6470
the applicant proposes to provide as required under sections	6471
122.653 and 122.658 of the Revised Code and financial records	6472
supporting the proposal;	6473

(7) A certified copy of a resolution or ordinance approving	6474
the project that the applicant shall obtain from the board of	6475
township trustees of the township or the legislative authority of	6476
the municipal corporation in which the property is located,	6477
whichever is applicable;	6478

(8) A description of the estimated economic benefit that will	6479
result from a cleanup or remediation of the brownfield;	6480

(9) An application summary for purposes of review by an	6481
integrating committee or, if applicable, the executive committee	6482
of an integrating committee under division (B) of section 122.652	6483
of the Revised Code;	6484

(10) With respect to applications for loans, information	6485
demonstrating that the applicant will implement a financial	6486
management plan that includes, without limitation, provisions for	6487
the satisfactory repayment of the loan;	6488

(11) Any other provisions that the director determines should	6489
be included in an application.	6490

(B) Procedures for conducting public meetings and providing	6491
public notice under division (A) of section 122.652 of the Revised	6492
Code;	6493

(C) Criteria to be used by integrating committees or, if	6494
required under division (C) of section 122.652 of the Revised	6495
Code, executive committees of integrating committees when	6496
prioritizing projects under division (B) of section 122.652 of the	6497
Revised Code. The policies and requirements also shall establish	6498
procedures that integrating committees or, if required under	6499
division (C) of section 122.652 of the Revised Code, executive	6500
committees of integrating committees shall use in applying the	6501
criteria.	6502

(D) A selection process that provides for the prioritization	6503
of brownfield cleanup or remediation projects for which grant or	6504
loan applications are submitted under section 122.652 of the	6505
Revised Code. The policies and requirements shall require the	6506
selection process to give priority to projects in which the	6507
post-cleanup or remediation use will be for a combination of	6508
residential, commercial, or industrial purposes, which may include	6509
the conversion of a portion of a brownfield to a recreation, park,	6510
or natural area that is integrated with the residential,	6511
commercial, or industrial use of the brownfield after cleanup or	6512
remediation, or will incorporate projects that are funded by	6513
grants awarded under sections 164.20 to 164.27 of the Revised	6514
Code. The policies and requirements shall require the selection	6515
process to incorporate and emphasize all of the following factors:	6516

(1) The potential economic benefit that will result from the	6517
cleanup or remediation of a brownfield;	6518

(2) The potential environmental improvement that will result	6519
from the cleanup or remediation of a brownfield;	6520

(3) The amount and nature of the match provided by an	6521
applicant as required under sections 122.653 and 122.658 of the	6522
Revised Code;	6523

(4) Funding priorities recommended by integrating committees	6524
or, if required under division (C) of section 122.652 of the	6525
Revised Code, executive committees of integrating committees under	6526
division (B) of section 122.652 of the Revised Code;	6527

(5) The potential benefit to low-income communities,	6528
including minority communities, that will result from the cleanup	6529
or remediation of a brownfield;	6530

(6) Any other factors that the director considers	6531
appropriate.	6532

(E) The development of criteria that the director shall use	6533
when awarding grants under section 122.656 of the Revised Code.	6534
The criteria shall give priority to public health projects. In	6535
addition, the director, in consultation with the director of	6536
environmental protection, shall establish policies and	6537
requirements that require the criteria to include a public health	6538
project selection process that incorporates and emphasizes all of	6539
the following factors:	6540

(1) The potential environmental improvement that will result	6541
from the cleanup or remediation;	6542

(2) The ability of an applicant to access the property for	6543
purposes of the cleanup or remediation;	6544

(3) The name and qualifications of the cleanup or remediation	6545
contractor;	6546

(4) Any other factors that the director of development	6547
considers appropriate.	6548

The director of development may develop any other policies	6549
and requirements that the director determines are necessary for	6550
the administration of section 122.656 of the Revised Code.	6551

(F) The development of a brownfield cleanup and remediation	6552
oversight program to ensure compliance with sections 122.65 to	6553
122.658 of the Revised Code and policies and requirements	6554
established under this section. The policies and requirements	6555
shall require the program to include, at a minimum, both of the	6556
following:	6557

(1) Procedures for the accounting of invoices and receipts	6558
and any other documents that are necessary to demonstrate that a	6559
cleanup or remediation was properly performed;	6560

(2) Procedures that are necessary to provide a detailed	6561
explanation of the status of the property five years after the	6562
completed cleanup or remediation.	6563

(G) A delineation of what constitutes administrative costs	6564
for purposes of divisions (D) and (F) of section 122.658 of the	6565
Revised Code;	6566

(H) Procedures and requirements for making loans and loan	6567
agreements that include at least all of the following:	6568

(1) Not more than fifteen per cent of moneys annually	6569
allocated to the clean Ohio revitalization fund shall be used for	6570
loans.	6571

(2) The loans shall be made at or below market rates of	6572
interest, including, without limitation, interest-free loans.	6573

(3) The recipient of a loan shall identify a source of	6574
security and a source of repayment of the loan.	6575

(4) ~~All payments of principal and interest on a loan shall be~~	6576
~~deposited in the state treasury and credited to the clean Ohio~~	6577
~~revitalization revolving loan fund.~~	6578

~~(5)~~ The clean Ohio council may accept notes and other forms	6579
of obligation to evidence indebtedness, accept mortgages, liens,	6580
pledges, assignments, and other security interests to secure such	6581
indebtedness, and take any actions that are considered by the	6582
council to be appropriate to protect such security and safeguard	6583
against losses, including, without limitation, foreclosure and	6584
bidding on the purchase of property upon foreclosure or other	6585
sale.	6586

(I) Any other policies and requirements that the director	6587
determines are necessary for the administration of sections 122.65	6588
to 122.658 of the Revised Code.	6589

Sec. 122.658. (A) The clean Ohio revitalization fund is	6590
hereby created in the state treasury. The fund shall consist of	6591
moneys credited to it pursuant to section 151.40 of the Revised	6592
Code. Moneys in the fund shall be used to make grants or loans for	6593
projects that have been approved by the clean Ohio council in	6594
accordance with section 122.653 of the Revised Code, except that	6595
the council annually shall devote twenty per cent of the net	6596
proceeds of obligations deposited in the clean Ohio revitalization	6597
fund for the purposes of section 122.656 of the Revised Code.	6598

Moneys in the clean Ohio revitalization fund may be used to	6599
pay reasonable costs incurred by the department of development and	6600
the environmental protection agency in administering sections	6601
122.65 to 122.658 of the Revised Code. All investment earnings of	6602
the fund shall be credited to the fund. Investment earnings	6603
credited to the clean Ohio revitalization fund may be used to pay	6604
costs incurred by the department of development and the	6605
environmental protection agency pursuant to sections 122.65 to	6606
122.658 of the Revised Code.	6607

The department of development shall administer the clean Ohio	6608
revitalization fund in accordance with this section, policies and	6609
requirements established under section 122.657 of the Revised	6610
Code, and the terms of agreements entered into by the council	6611
under section 122.653 of the Revised Code.	6612

(B) Grants awarded and loans made under section 122.653 of	6613
the Revised Code shall provide not more than seventy-five per cent	6614
of the estimated total cost of a project. A grant or loan to any	6615
one project shall not exceed three million dollars. An applicant	6616
shall provide at least twenty-five per cent of the estimated total	6617
cost of a project. The applicant's share may consist of one or a	6618
combination of any of the following:	6619

(1) Payment of the cost of acquiring the property for the	6620
purposes of sections 122.65 to 122.658 of the Revised Code;	6621

(2) Payment of the reasonable cost of an assessment at the	6622
property;	6623

(3) The reasonable value, as determined by the council, of	6624
labor and materials that will be contributed by the applicant in	6625
performing the cleanup or remediation;	6626

(4) Moneys received by the applicant in any form for use in	6627
performing the cleanup or remediation;	6628

(5) Loans secured by the applicant for the purpose of the	6629
cleanup or remediation of the brownfield.	6630

Costs that were incurred more than two years prior to the	6631
submission of an application to the clean Ohio council for the	6632
acquisition of property, assessments, and labor and materials	6633
shall not be used as part of the applicant's matching share.	6634

(C) The department of development shall not make any payment	6635
to an applicant from the clean Ohio revitalization fund to pay	6636
costs of the applicant that were not included in an application	6637
for a grant or loan under section 122.653 of the Revised Code or	6638
that exceed the amount of the estimated total cost of the project	6639
included in the application. If, upon completion of a project, the	6640
costs of the project are less than the amounts included in the	6641
application, the amounts included in the application less the	6642
amounts of the actual costs of the project shall be credited to	6643
the clean Ohio revitalization fund. However, the amounts credited	6644
shall be equivalent in percentage to the percentage of the costs	6645
of the project that were to be funded by the grant or loan from	6646
the fund.	6647

(D) Grants awarded or loans made under section 122.653 of the	6648
Revised Code from the clean Ohio revitalization fund shall be used	6649
by an applicant only to pay the costs of the actual cleanup or	6650
remediation of a brownfield and shall not be used by an applicant	6651
to pay any administrative costs incurred by the applicant. Costs	6652
related to the use of a certified professional for purposes of	6653
section 122.654 of the Revised Code are not administrative costs	6654
and may be paid with moneys from grants awarded or loans made	6655
under section 122.653 of the Revised Code.	6656

(E) The portion of net proceeds of obligations devoted under	6657
division (A) of this section for the purposes of section 122.656	6658
of the Revised Code shall be used to make grants for assessments,	6659
cleanup or remediation of brownfields, and public health projects	6660
that have been approved by the director of development under that	6661
section. The department of development shall administer section	6662
122.656 of the Revised Code in accordance with this section,	6663
policies and requirements established under section 122.657 of the	6664
Revised Code, and the terms of agreements entered into by the	6665
director under section 122.656 of the Revised Code. The director	6666
shall not grant more than twenty-five million dollars for public	6667
health projects under section 122.656 of the Revised Code.	6668

(F) Grants awarded under section 122.656 of the Revised Code	6669
shall be used by an applicant only to pay the costs of actually	6670
conducting an assessment, a cleanup or remediation of a	6671
brownfield, or a public health project and shall not be used by an	6672
applicant to pay any administrative costs incurred by the	6673
applicant. Costs related to the use of a certified professional	6674
for purposes of section 122.654 of the Revised Code are not	6675
administrative costs and may be paid with moneys from grants	6676
awarded under section 122.656 of the Revised Code.	6677

~~(G)(1) The clean Ohio revitalization revolving loan fund is~~	6678
~~hereby created in the state treasury. Payments of principal and~~	6679
~~interest on loans made from the clean Ohio revitalization fund~~	6680
~~shall be credited to this revolving loan fund, as shall payments~~	6681
~~of principal and interest on loans made from the revolving loan~~	6682
~~fund itself. The revolving loan fund's investment earnings shall~~	6683
~~be credited to it.~~	6684

~~(2) The clean Ohio revitalization revolving loan fund shall~~	6685
~~be used to make loans for the same purposes and subject to the~~	6686
~~same policies, requirements, criteria, and application procedures~~	6687
~~as loans made from the clean Ohio revitalization fund.~~	6688

Sec. 122.66. As used in sections 122.66 to 122.702 of the	6689
Revised Code:	6690

(A) "Poverty line" means the official poverty line	6691
established by the director of the United States office of	6692
management and budget and as revised by the ~~director~~secretary of	6693
~~the office of community~~health and human services in accordance	6694
with section 673(2) of the "Community Services Block Grant Act,"	6695
95 Stat. 1609, 42 U.S.C.A. 9902.	6696

(B) "Low-income person" means a person whose adjusted gross	6697
income as defined in division (A) of section 5747.01 of the	6698
Revised Code is below the poverty line as defined in division (A)	6699
of this section.	6700

(C) "Advocacy" means the act of pleading for, supporting, or	6701
recommending actions on behalf of low-income persons.	6702

(D) "Community action agency" means a community-based and	6703
operated private nonprofit agency or organization that includes or	6704
is designed to include a sufficient number of projects or	6705
components to provide a range of services and activities having a	6706
measurable and potentially major impact on the causes of poverty	6707
in the community or those areas of the community where poverty is	6708
a particularly acute problem and is designated as a community	6709
action agency by the ~~office of~~ community services division	6710
pursuant to sections 122.68 and 122.69 of the Revised Code.	6711

(E) "Community" means a city, village, county, multicity or	6712
multicounty unit, a neighborhood or other area, disregarding	6713
boundaries or political subdivisions, which provides a suitable	6714
organizational base and possesses a commonality of needs and	6715
interests for a community action program suitable to be served by	6716
a community action agency.	6717

(F) "Service area" means the geographical area served by a	6718
community action agency.	6719

Sec. 122.67. There is hereby created in the ~~department of~~	6720
development services agency the ~~office of~~ community services	6721
division. The director of development services shall employ and	6722
fix the compensation of professional and technical unclassified	6723
personnel as necessary to carry out the provisions of sections	6724
122.66 to 122.701 of the Revised Code.	6725

Sec. 122.68. The ~~office of~~ community services division	6726
shall:	6727

(A) Administer all federal funds appropriated to the state	6728
from the "Community Services Block Grant Act," 95 Stat. 511, 42	6729
U.S.C.A. 9901, and comply with requirements imposed by that act in	6730
its application for, and administration of, the funds;	6731

(B) Designate community action agencies to receive community	6732
services block grant funds;	6733

(C) Disburse at least ninety-five per cent or such other	6734
higher maximum amount as may from time to time be designated by	6735
congress of the funds received in the state from the "Community	6736
Services Block Grant Act" to community action agencies that comply	6737
with the requirements of section 122.69 of the Revised Code and	6738
migrant and seasonal farm worker organizations that are not	6739
designated community action agencies but which provide the	6740
services described in division (B)(1) of section 122.69 of the	6741
Revised Code.	6742

(D) Provide technical assistance to community action agencies	6743
to improve program planning, development, and administration;	6744

(E) Conduct yearly performance assessments, according to	6745
criteria determined by ~~department of~~ development services agency	6746
rule, to determine whether community action agencies are in	6747
compliance with section 122.69 of the Revised Code;	6748

(F) Annually prepare and submit to the United States	6749
secretary of health and human services, the governor, the	6750
president of the Ohio senate, and the speaker of the Ohio house of	6751
representatives, a comprehensive report that includes:	6752

(1) Certification that all community action agencies	6753
designated to receive funds from the "Community Services Block	6754
Grant Act" are in compliance with section 122.69 of the Revised	6755
Code;	6756

(2) A program plan for the next federal fiscal year that has	6757
been made available for public inspection and that details how	6758
community services block grant funds will be disbursed and used	6759
during that fiscal year;	6760

(3) Information detailing how funds were expended for the	6761
current fiscal year;	6762

(4) An audit of community services block grant expenditures	6763
for the preceding federal fiscal year that is conducted in	6764
accordance with generally accepted accounting principles by an	6765
independent auditing firm that has no connection with any	6766
community action agency receiving community services block grant	6767
funds or with any employee of the ~~office~~division.	6768

(G) Serve as a statewide advocate for social and economic	6769
opportunities for low-income persons.	6770

Sec. 122.681. (A) Except as permitted by this section, or	6771
when required by federal law, no person or government entity shall	6772
solicit, release, disclose, receive, use, or knowingly permit or	6773
participate in the use of any information regarding an individual	6774
receiving assistance pursuant to a community services division	6775
program under sections 122.66 to 122.702 of the Revised Code for	6776
any purpose not directly related to the administration of a	6777
division assistance program.	6778

(B) To the extent permitted by federal law, the division, and	6779
any entity that receives division funds to administer a division	6780
program to assist individuals, shall release information regarding	6781
an individual assistance recipient to the following:	6782

(1) A government entity responsible for administering the	6783
assistance program for purposes directly related to the	6784
administration of the program;	6785

(2) A law enforcement agency for the purpose of any	6786
investigation, prosecution, or criminal or civil proceeding	6787
relating to the administration of the assistance program;	6788

(3) A government entity responsible for administering a	6789
children's protective services program, for the purpose of	6790
protecting children.	6791

(C) To the extent permitted by federal law and section	6792
1347.08 of the Revised Code, the division, and any entity	6793
administering a division program, shall provide access to	6794
information regarding an individual assistance recipient to all of	6795
the following:	6796

(1) The individual assistance recipient;

6797

(2) The authorized representative of the individual	6798
assistance recipient;	6799

(3) The legal guardian of the individual assistance	6800
recipient;	6801

(4) The attorney of the individual assistance recipient.

6802

(D) To the extent permitted by federal law, the division, and	6803
any entity administering a division program, may do either of the	6804
following:	6805

(1) Release information about an individual assistance	6806
recipient if the recipient gives voluntary, written authorization;	6807

(2) Release information regarding an individual assistance	6808
recipient to a state, federal, or federally assisted program that	6809
provides cash or in-kind assistance or services directly to	6810
individuals based on need.	6811

(E) The community services division, or an entity	6812
administering a division program, shall provide, at no cost, a	6813
copy of each written authorization to the individual who signed	6814
it.	6815

(F) The development services agency may adopt rules defining	6816
who may serve as an individual assistance recipient's authorized	6817
representative for purposes of division (C)(2) of this section.	6818

Sec. 122.69. (A) Any nonprofit agency or organization	6819
seeking designation as a community action agency by the ~~office of~~	6820
community services division shall obtain the endorsement of the	6821
chief elected officials of at least two-thirds of the municipal	6822
corporations and the counties within the community to be served by	6823
the agency or organization.	6824

(B) Any nonprofit agency or organization that receives the	6825
endorsement provided for in division (A) of this section shall be	6826
designated by the ~~office~~division as the community action agency	6827
for the community it serves and shall receive community services	6828
block grant funds for any period of time that the nonprofit agency	6829
or organization:	6830

(1) Provides a range of services and opportunities having a	6831
measurable and potentially major impact on the causes of poverty	6832
in the community or those areas of the community where poverty is	6833
a particularly acute problem. These activities may include but	6834
shall not be limited to:	6835

(a) Providing activities designed to assist low-income	6836
persons, including elderly and handicapped low-income persons, to:	6837

(i) Secure and maintain meaningful employment, training, work	6838
experience, and unsubsidized employment;	6839

(ii) Attain an adequate education;

6840

(iii) Make better use of available income;

6841

(iv) Obtain and maintain adequate housing and a suitable	6842
living environment;	6843

(v) Obtain emergency assistance through loans or grants to	6844
meet immediate and urgent individual and family needs, including	6845
the need for health services, nutritious food, housing, and	6846
employment-related assistance;	6847

(vi) Remove obstacles and solve personal and family problems	6848
that block the achievement of self-sufficiency;	6849

(vii) Achieve greater participation in the affairs of the	6850
community;	6851

(viii) Undertake family planning, consistent with personal	6852
and family goals and religious and moral convictions;	6853

(ix) Obtain energy assistance, conservation, and	6854
weatherization services.	6855

(b) Providing, on an emergency basis, supplies and services,	6856
nutritious foodstuffs, and related services necessary to	6857
counteract conditions of starvation and malnutrition among	6858
low-income persons;	6859

(c) Coordinating and establishing links between government	6860
and other social services programs to assure the effective	6861
delivery of services to low-income individuals;	6862

(d) Providing child care services, nutrition and health	6863
services, transportation services, alcoholism and narcotic	6864
addiction prevention and rehabilitation services, youth	6865
development services, and community services to elderly and	6866
handicapped persons;	6867

(e) Encouraging entities in the private sector to participate	6868
in efforts to ameliorate poverty in the community.	6869

(2) Annually submits to the ~~office of community services~~	6870
division a program plan and budget for use of community services	6871
block grant funds for the next federal fiscal year. At least ten	6872
days prior to its submission to the ~~office of community services~~	6873
division, a copy of the program plan and budget shall be made	6874
available to the chief elected officials of the municipal	6875
corporations and counties within the service area in order to	6876
provide them the opportunity to review and comment upon such plan	6877
and budget.	6878

(3) Composes its board of directors in compliance with	6879
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	6880
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	6881
shall consist of not less than fifteen nor more than thirty-three	6882
members;	6883

(4) Complies with the prohibitions against discrimination and	6884
political activity, as provided in the "Community Services Block	6885
Grant Act";	6886

(5) Complies with fiscal and program requirements established	6887
by ~~department of~~ development services agency rule.	6888

Sec. 122.70. The board of directors of a community action	6889
agency shall:	6890

(A) Select, appoint, and may remove the executive director of	6891
the community action agency;	6892

(B) Approve contracts, annual program budgets, and policies	6893
of the community action agency;	6894

(C) Advise the elected officials of any political subdivision	6895
located within its service area, and state and federal elected	6896
officials who represent its service area, of the nature and extent	6897
of poverty within its community, and advise them of any needed	6898
changes;	6899

(D) Convene public meetings to provide community members the	6900
opportunity to comment on public policies and programs to reduce	6901
poverty;	6902

(E) Annually evaluate the policies and programs of the	6903
community action agency according to criteria determined by	6904
~~department of~~ development services agency rule;	6905

(F) Submit the results of the evaluation required by division	6906
(E) of this section, along with recommendations for improved	6907
administration of the community action agency, to the ~~office of~~	6908
community services division;	6909

(G) Adopt a code of ethics for the board of directors and the	6910
employees of the community action agency;	6911

(H) Adopt written policies describing all of the following:

6912

(1) How the community action agency is to expend and	6913
distribute the community services block grant funds that it	6914
receives from the ~~office of community services~~division under	6915
sections 122.68 and 122.69 of the Revised Code;	6916

(2) The salary, benefits, travel expenses, and any other	6917
compensation that persons are to receive for serving on the	6918
community action agency's board of directors;	6919

(3) The operating procedures to be used by the board to	6920
conduct its meetings, to vote on all official business it	6921
considers, and to provide notice of its meetings.	6922

(I) Provide for the posting of notices in a conspicuous place	6923
indicating that the code of ethics described in division (G) of	6924
this section and the policies described in division (H) of this	6925
section are available for public inspection at the community	6926
action agency during normal business hours.	6927

Sec. 122.701. (A) Prior to designating a new community	6928
action agency or rescinding a community action agency's	6929
designation, the ~~office of~~ community services division shall:	6930

(1) Determine whether a community action agency is in	6931
compliance with section 122.69 of the Revised Code;	6932

(2) Consult with the chief elected officials of political	6933
subdivisions located within a community action agency's service	6934
area, and, in designating a new community action agency, obtain	6935
their endorsement of the agency in accordance with division (A) of	6936
section 122.69 of the Revised Code;	6937

(3) Hold at least one public meeting within a community	6938
action agency's service area for the purpose of allowing citizens	6939
to comment on the community action agency's delivery of services;	6940

(4) Evaluate the proposed service area of the community	6941
action agency, and, as may be necessary, modify the boundaries of	6942
the service area so that low-income persons in the area are	6943
adequately and efficiently served.	6944

(B) After providing notice and hearing pursuant to sections	6945
119.01 to 119.13 of the Revised Code, the director of development	6946
services:	6947

(1) May rescind the designation of a community action agency	6948
~~if he finds~~after finding that the agency is not in compliance	6949
with any or all of the provisions of section 122.69 of the Revised	6950
Code;	6951

(2) Shall rescind the designation of a community action	6952
agency upon notification from the chief elected officials of more	6953
than one-half of the municipal corporations and the counties	6954
within a community currently served by a community action agency	6955
that such agency is not endorsed by them and ~~upon a~~after finding	6956
~~by him~~ that the agency is not in compliance with section 122.69 of	6957
the Revised Code.	6958

Any agency whose designation is rescinded pursuant to this	6959
section may appeal from an order rescinding such designation	6960
pursuant to section 119.12 of the Revised Code.	6961

Sec. 122.76. (A) The director of development services, with	6962
controlling board approval, may lend funds to minority business	6963
enterprises and to community improvement corporations, Ohio	6964
development corporations, minority contractors business assistance	6965
organizations, and minority business supplier development councils	6966
for the purpose of loaning funds to minority business enterprises	6967
~~and~~, for the purpose of procuring or improving real or personal	6968
property, or both, for the establishment, location, or expansion	6969
of industrial, distribution, commercial, or research facilities in	6970
the state, and for the purpose of contract financing, and to	6971
community development corporations that predominantly benefit	6972
minority business enterprises or are located in a census tract	6973
that has a population that is sixty per cent or more minority, if	6974
the director determines, in the director's sole discretion, that	6975
all of the following apply:	6976

(1) The project is economically sound and will benefit the	6977
people of the state by increasing opportunities for employment, by	6978
strengthening the economy of the state, or expanding minority	6979
business enterprises.	6980

(2) The proposed minority business enterprise borrower is	6981
unable to finance the proposed project through ordinary financial	6982
channels at comparable terms.	6983

(3) The value of the project is or, upon completion, will be	6984
at least equal to the total amount of the money expended in the	6985
procurement or improvement of the project.	6986

(4) The amount to be loaned by the director will not exceed	6987
seventy-five per cent of the total amount expended in the	6988
procurement or improvement of the project.	6989

(5) The amount to be loaned by the director will be	6990
adequately secured by a first or second mortgage upon the project	6991
or by mortgages, leases, liens, assignments, or pledges on or of	6992
other property or contracts as the director requires, and such	6993
mortgage will not be subordinate to any other liens or mortgages	6994
except the liens securing loans or investments made by financial	6995
institutions referred to in division (A)(3) of this section, and	6996
the liens securing loans previously made by any financial	6997
institution in connection with the procurement or expansion of all	6998
or part of a project.	6999

(B) Any proposed minority business enterprise borrower	7000
submitting an application for assistance under this section shall	7001
not have defaulted on a previous loan from the director, and no	7002
full or limited partner, major shareholder, or holder of an equity	7003
interest of the proposed minority business enterprise borrower	7004
shall have defaulted on a loan from the director.	7005

(C) The proposed minority business enterprise borrower shall	7006
demonstrate to the satisfaction of the director that it is able to	7007
successfully compete in the private sector if it obtains the	7008
necessary financial, technical, or managerial support and that	7009
support is available through the director, the minority business	7010
development office of the ~~department of~~ development services	7011
agency, or other identified and acceptable sources. In determining	7012
whether a minority business enterprise borrower will be able to	7013
successfully compete, the director may give consideration to such	7014
factors as the successful completion of or participation in	7015
courses of study, recognized by the board of regents as providing	7016
financial, technical, or managerial skills related to the	7017
operation of the business, by the economically disadvantaged	7018
individual, owner, or partner, and the prior success of the	7019
individual, owner, or partner in personal, career, or business	7020
activities, as well as to other factors identified by the	7021
director.	7022

(D) The director shall not lend funds for the purpose of	7023
procuring or improving motor vehicles or accounts receivable.	7024

Sec. 122.85. (A) As used in this section and in sections	7025
5726.55, 5733.59, 5747.66, and 5751.54 of the Revised Code:	7026

(1) "Tax credit-eligible production" means a motion picture	7027
production certified by the director of development under division	7028
(B) of this section as qualifying the motion picture company for a	7029
tax credit under section 5726.55, 5733.59, 5747.66, or 5751.54 of	7030
the Revised Code.	7031

(2) "Certificate owner" means a motion picture company to	7032
which a tax credit certificate is issued.	7033

(3) "Motion picture company" means an individual,	7034
corporation, partnership, limited liability company, or other form	7035
of business association producing a motion picture.	7036

(4) "Eligible production expenditures" means expenditures	7037
made after June 30, 2009, for goods or services purchased and	7038
consumed in this state by a motion picture company directly for	7039
the production of a tax credit-eligible production.	7040

"Eligible production expenditures" includes, but is not	7041
limited to, expenditures for resident and nonresident cast and	7042
crew wages, accommodations, costs of set construction and	7043
operations, editing and related services, photography, sound	7044
synchronization, lighting, wardrobe, makeup and accessories, film	7045
processing, transfer, sound mixing, special and visual effects,	7046
music, location fees, and the purchase or rental of facilities and	7047
equipment.	7048

(5) "Motion picture" means entertainment content created in	7049
whole or in part within this state for distribution or exhibition	7050
to the general public, including, but not limited to,	7051
feature-length films; documentaries; long-form, specials,	7052
miniseries, series, and interstitial television programming;	7053
interactive web sites; sound recordings; videos; music videos;	7054
interactive television; interactive games; video games;	7055
commercials; any format of digital media; and any trailer, pilot,	7056
video teaser, or demo created primarily to stimulate the sale,	7057
marketing, promotion, or exploitation of future investment in	7058
either a product or a motion picture by any means and media in any	7059
digital media format, film, or videotape, provided the motion	7060
picture qualifies as a motion picture. "Motion picture" does not	7061
include any television program created primarily as news, weather,	7062
or financial market reports, a production featuring current events	7063
or sporting events, an awards show or other gala event, a	7064
production whose sole purpose is fundraising, a long-form	7065
production that primarily markets a product or service or in-house	7066
corporate advertising or other similar productions, a production	7067
for purposes of political advocacy, or any production for which	7068
records are required to be maintained under 18 U.S.C. 2257 with	7069
respect to sexually explicit content.	7070

(B) For the purpose of encouraging and developing a strong	7071
film industry in this state, the director of development may	7072
certify a motion picture produced by a motion picture company as a	7073
tax credit-eligible production. In the case of a television	7074
series, the director may certify the production of each episode of	7075
the series as a separate tax credit-eligible production. A motion	7076
picture company shall apply for certification of a motion picture	7077
as a tax credit-eligible production on a form and in the manner	7078
prescribed by the director. Each application shall include the	7079
following information:	7080

(1) The name and telephone number of the motion picture	7081
production company;	7082

(2) The name and telephone number of the company's contact	7083
person;	7084

(3) A list of the first preproduction date through the last	7085
production date in Ohio;	7086

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

7087

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

7088

(6) The total budgeted eligible production expenditures and	7089
the percentage that amount is of the total production budget of	7090
the motion picture;	7091

(7) The total percentage of the motion picture being shot in	7092
Ohio;	7093

(8) The level of employment of cast and crew who reside in	7094
Ohio;	7095

(9) A synopsis of the script;

7096

(10) The shooting script;

7097

(11) A creative elements list that includes the names of the	7098
principal cast and crew and the producer and director;	7099

(12) Documentation of financial ability to undertake and	7100
complete the motion picture;	7101

(13) Estimated value of the tax credit based upon total	7102
budgeted eligible production expenditures;	7103

(14) Any other information considered necessary by the	7104
director.	7105

Within ninety days after certification of a motion picture as	7106
a tax credit-eligible production, and any time thereafter upon the	7107
~~director of development services'~~ request of the director of	7108
development services, the motion picture company shall present to	7109
the director sufficient evidence of reviewable progress. If the	7110
motion picture company fails to present sufficient evidence, the	7111
director may rescind the certification. Upon rescission, the	7112
director shall notify the applicant that the certification has	7113
been rescinded. Nothing in this section prohibits an applicant	7114
whose tax credit-eligible production certification has been	7115
rescinded from submitting a subsequent application for	7116
certification.	7117

(C)(1) A motion picture company whose motion picture has been	7118
certified as a tax credit-eligible production may apply to the	7119
director of development services on or after July 1, 2009, for a	7120
refundable credit against the tax imposed by section 5726.02,	7121
5733.06, 5747.02, or 5751.02 of the Revised Code. The director in	7122
consultation with the tax commissioner shall prescribe the form	7123
and manner of the application and the information or documentation	7124
required to be submitted with the application.	7125

The credit is determined as follows:

7126

(a) If the total budgeted eligible production expenditures	7127
stated in the application submitted under division (B) of this	7128
section or the actual eligible production expenditures as finally	7129
determined under division (D) of this section, whichever is least,	7130
is less than or equal to three hundred thousand dollars, no credit	7131
is allowed;	7132

(b) If the total budgeted eligible production expenditures	7133
stated in the application submitted under division (B) of this	7134
section or the actual eligible production expenditures as finally	7135
determined under division (D) of this section, whichever is least,	7136
is greater than three hundred thousand dollars, the credit equals	7137
the sum of the following, subject to the limitation in division	7138
(C)(4) of this section:	7139

(i) Twenty-five per cent of the least of such budgeted or	7140
actual eligible expenditure amounts excluding budgeted or actual	7141
eligible expenditures for resident cast and crew wages;	7142

(ii) Thirty-five per cent of budgeted or actual eligible	7143
expenditures for resident cast and crew wages.	7144

(2) Except as provided in division (C)(4) of this section, if	7145
the director of development services approves a motion picture	7146
company's application for a credit, the director shall issue a tax	7147
credit certificate to the company. The director in consultation	7148
with the tax commissioner shall prescribe the form and manner of	7149
issuing certificates. The director shall assign a unique	7150
identifying number to each tax credit certificate and shall record	7151
the certificate in a register devised and maintained by the	7152
director for that purpose. The certificate shall state the amount	7153
of the eligible production expenditures on which the credit is	7154
based and the amount of the credit. Upon the issuance of a	7155
certificate, the director shall certify to the tax commissioner	7156
the name of the applicant, the amount of eligible production	7157
expenditures shown on the certificate, and any other information	7158
required by the rules adopted to administer this section.	7159

(3) The amount of eligible production expenditures for which	7160
a tax credit may be claimed is subject to inspection and	7161
examination by the tax commissioner or employees of the	7162
commissioner under section 5703.19 of the Revised Code and any	7163
other applicable law. Once the eligible production expenditures	7164
are finally determined under section 5703.19 of the Revised Code	7165
and division (D) of this section, the credit amount is not subject	7166
to adjustment unless the director determines an error was	7167
committed in the computation of the credit amount.	7168

(4) No tax credit certificate may be issued before the	7169
completion of the tax credit-eligible production. Not more than	7170
forty million dollars of tax credit may be allowed per fiscal	7171
biennium beginning on or after July 1, 2011, and not more than	7172
twenty million dollars may be allowed in the first year of the	7173
biennium. At any time, not more than five million dollars of tax	7174
credit may be allowed per tax credit-eligible production.	7175

(D) A motion picture company whose motion picture has been	7176
certified as a tax credit-eligible production shall engage, at the	7177
company's expense, an independent certified public accountant to	7178
examine the company's production expenditures to identify the	7179
expenditures that qualify as eligible production expenditures. The	7180
certified public accountant shall issue a report to the company	7181
and to the director of development services certifying the	7182
company's eligible production expenditures and any other	7183
information required by the director. Upon receiving and examining	7184
the report, the director may disallow any expenditure the director	7185
determines is not an eligible production expenditure. If the	7186
director disallows an expenditure, the director shall issue a	7187
written notice to the motion picture production company stating	7188
that the expenditure is disallowed and the reason for the	7189
disallowance. Upon examination of the report and disallowance of	7190
any expenditures, the director shall determine finally the lesser	7191
of the total budgeted eligible production expenditures stated in	7192
the application submitted under division (B) of this section or	7193
the actual eligible production expenditures for the purpose of	7194
computing the amount of the credit.	7195

(E) No credit shall be allowed under section 5726.55,	7196
5733.59, 5747.66, or 5751.54 of the Revised Code unless the	7197
director has reviewed the report and made the determination	7198
prescribed by division (D) of this section.	7199

(F) This state reserves the right to refuse the use of this	7200
state's name in the credits of any tax credit-eligible motion	7201
picture production.	7202

(G)(1) The director of development services in consultation	7203
with the tax commissioner shall adopt rules for the administration	7204
of this section, including rules setting forth and governing the	7205
criteria for determining whether a motion picture production is a	7206
tax credit-eligible production; activities that constitute the	7207
production of a motion picture; reporting sufficient evidence of	7208
reviewable progress; expenditures that qualify as eligible	7209
production expenditures; a competitive process for approving	7210
credits; and consideration of geographic distribution of credits.	7211
The rules shall be adopted under Chapter 119. of the Revised Code.	7212

(2) The director may require a reasonable application fee to	7213
cover administrative costs of the tax credit program. The fees	7214
collected shall be credited to the ~~motion picture tax credit~~	7215
~~program operating~~tourism fund~~, which is hereby~~ created ~~in the~~	7216
~~state treasury~~under section 122.072 of the Revised Code. ~~The~~	7217
~~motion picture tax credit program operating fund shall consist of~~	7218
~~all grants, gifts, fees, and contributions made to the director~~	7219
~~for marketing and promotion of the motion picture industry within~~	7220
~~this state. The director shall use money in the fund to pay~~	7221
~~expenses related to the administration of the Ohio film office and~~	7222
~~the credit authorized by this section and sections 5726.55.,~~	7223
~~5733.59, 5747.66, and 5751.54 of the Revised Code.~~	7224

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

7225

(1) "Certified engine configuration" means a new, rebuilt, or	7226
remanufactured engine configuration that satisfies divisions	7227
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	7228
section:	7229

(a) It has been certified by the administrator of the United	7230
States environmental protection agency or the California air	7231
resources board.	7232

(b) It meets or is rebuilt or remanufactured to a more	7233
stringent set of engine emission standards than when originally	7234
manufactured, as determined pursuant to Subtitle G of Title VII of	7235
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	7236
et seq.	7237

(c) In the case of a certified engine configuration involving	7238
the replacement of an existing engine, an engine configuration	7239
that replaced an engine that was removed from the vehicle and	7240
returned to the supplier for remanufacturing to a more stringent	7241
set of engine emissions standards or for scrappage.	7242

(2) "Section 793" means section 793 of the Energy Policy Act	7243
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	7244

(3) "Verified technology" means a pollution control	7245
technology, including a retrofit technology, advanced truckstop	7246
electrification system, or auxiliary power unit, that has been	7247
verified by the administrator of the United States environmental	7248
protection agency or the California air resources board.	7249

(B) For the purpose of reducing emissions from diesel	7250
engines, the director of environmental protection shall administer	7251
a diesel emissions reduction grant program and a diesel emissions	7252
reduction revolving loan program. The programs shall provide for	7253
the implementation in this state of section 793 and shall	7254
otherwise be administered in compliance with the requirements of	7255
section 793, and any regulations issued pursuant to that section.	7256

The director shall apply to the administrator of the United	7257
States environmental protection agency for grant or loan funds	7258
available under section 793 to help fund the diesel emissions	7259
reduction grant program and the diesel emissions reduction	7260
revolving loan program.	7261

(C) ~~There is hereby created in the state treasury the diesel~~	7262
~~emissions grant fund consisting of money appropriated to it by the~~	7263
~~general assembly, any grants obtained from the federal government~~	7264
~~under section 793, and any other grants, gifts, or other~~	7265
~~contributions of money made to the credit of the fund. Money in~~	7266
~~the fund shall be used for the purpose of making grants for~~	7267
~~projects relating to certified engine configurations and verified~~	7268
~~technologies in a manner consistent with the requirements of~~	7269
~~section 793 and any regulations issued under that section.~~	7270
~~Interest earned from moneys in the fund shall be used to~~	7271
~~administer the diesel emissions reduction grant program.~~	7272

~~(D)~~ There is hereby created in the state treasury the diesel	7273
emissions reduction revolving loan fund consisting of money	7274
appropriated to it by the general assembly, any grants obtained	7275
from the federal government under section 793, and any other	7276
grants, gifts, or other contributions of money made to the credit	7277
of the fund. Money in the fund shall be used for the purpose of	7278
making loans for projects relating to certified engine	7279
configurations and verified technologies in a manner consistent	7280
with the requirements of section 793 and any regulations issued	7281
pursuant to that section. Interest earned from moneys in the fund	7282
shall be used to administer the diesel emissions reduction	7283
revolving loan program.	7284

Sec. 123.01. (A) The department of administrative services,	7285
in addition to those powers enumerated in Chapters 124. and 125.	7286
of the Revised Code and provided elsewhere by law, shall exercise	7287
the following powers:	7288

(1) To prepare and suggest comprehensive plans for the	7289
development of grounds and buildings under the control of a state	7290
agency;	7291

(2) To acquire, by purchase, gift, devise, lease, or grant,	7292
all real estate required by a state agency, in the exercise of	7293
which power the department may exercise the power of eminent	7294
domain, in the manner provided by sections 163.01 to 163.22 of the	7295
Revised Code;	7296

(3) To erect, supervise, and maintain all public monuments	7297
and memorials erected by the state, except where the supervision	7298
and maintenance is otherwise provided by law;	7299

(4) To procure, by lease, storage accommodations for a state	7300
agency;	7301

(5) To lease or grant easements or licenses for unproductive	7302
and unused lands or other property under the control of a state	7303
agency. Such leases, easements, or licenses may be granted to any	7304
person or entity, shall be for a period not to exceed fifteen	7305
years, and shall be executed for the state by the director of	7306
administrative services, provided that the director shall grant	7307
leases, easements, or licenses of university land for periods not	7308
to exceed twenty-five years for purposes approved by the	7309
respective university's board of trustees wherein the uses are	7310
compatible with the uses and needs of the university and may grant	7311
leases of university land for periods not to exceed forty years	7312
for purposes approved by the respective university's board of	7313
trustees pursuant to section 123.17 of the Revised Code.	7314

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

7315

(7) To have general supervision and care of the storerooms,	7316
offices, and buildings leased for the use of a state agency;	7317

(8) To exercise general custodial care of all real property	7318
of the state;	7319

(9) To assign and group together state offices in any city in	7320
the state and to establish, in cooperation with the state agencies	7321
involved, rules governing space requirements for office or storage	7322
use;	7323

(10) To lease for a period not to exceed forty years,	7324
pursuant to a contract providing for the construction thereof	7325
under a lease-purchase plan, buildings, structures, and other	7326
improvements for any public purpose, and, in conjunction	7327
therewith, to grant leases, easements, or licenses for lands under	7328
the control of a state agency for a period not to exceed forty	7329
years. The lease-purchase plan shall provide that at the end of	7330
the lease period, the buildings, structures, and related	7331
improvements, together with the land on which they are situated,	7332
shall become the property of the state without cost.	7333

(a) Whenever any building, structure, or other improvement is	7334
to be so leased by a state agency, the department shall retain	7335
either basic plans, specifications, bills of materials, and	7336
estimates of cost with sufficient detail to afford bidders all	7337
needed information or, alternatively, all of the following plans,	7338
details, bills of materials, and specifications:	7339

(i) Full and accurate plans suitable for the use of mechanics	7340
and other builders in the improvement;	7341

(ii) Details to scale and full sized, so drawn and	7342
represented as to be easily understood;	7343

(iii) Accurate bills showing the exact quantity of different	7344
kinds of material necessary to the construction;	7345

(iv) Definite and complete specifications of the work to be	7346
performed, together with such directions as will enable a	7347
competent mechanic or other builder to carry them out and afford	7348
bidders all needed information;	7349

(v) A full and accurate estimate of each item of expense and	7350
of the aggregate cost thereof.	7351

(b) The department shall give public notice, in such	7352
newspaper, in such form, and with such phraseology as the director	7353
of administrative services prescribes, published once each week	7354
for four consecutive weeks, of the time when and place where bids	7355
will be received for entering into an agreement to lease to a	7356
state agency a building, structure, or other improvement. The last	7357
publication shall be at least eight days preceding the day for	7358
opening the bids. The bids shall contain the terms upon which the	7359
builder would propose to lease the building, structure, or other	7360
improvement to the state agency. The form of the bid approved by	7361
the department shall be used, and a bid is invalid and shall not	7362
be considered unless that form is used without change, alteration,	7363
or addition. Before submitting bids pursuant to this section, any	7364
builder shall comply with Chapter 153. of the Revised Code.	7365

(c) On the day and at the place named for receiving bids for	7366
entering into lease agreements with a state agency, the director	7367
of administrative services shall open the bids and shall publicly	7368
proceed immediately to tabulate the bids upon duplicate sheets. No	7369
lease agreement shall be entered into until the bureau of workers'	7370
compensation has certified that the person to be awarded the lease	7371
agreement has complied with Chapter 4123. of the Revised Code,	7372
until, if the builder submitting the lowest and best bid is a	7373
foreign corporation, the secretary of state has certified that the	7374
corporation is authorized to do business in this state, until, if	7375
the builder submitting the lowest and best bid is a person	7376
nonresident of this state, the person has filed with the secretary	7377
of state a power of attorney designating the secretary of state as	7378
its agent for the purpose of accepting service of summons in any	7379
action brought under Chapter 4123. of the Revised Code, and until	7380
the agreement is submitted to the attorney general and the	7381
attorney general's approval is certified thereon. Within thirty	7382
days after the day on which the bids are received, the department	7383
shall investigate the bids received and shall determine that the	7384
bureau and the secretary of state have made the certifications	7385
required by this section of the builder who has submitted the	7386
lowest and best bid. Within ten days of the completion of the	7387
investigation of the bids, the department shall award the lease	7388
agreement to the builder who has submitted the lowest and best bid	7389
and who has been certified by the bureau and secretary of state as	7390
required by this section. If bidding for the lease agreement has	7391
been conducted upon the basis of basic plans, specifications,	7392
bills of materials, and estimates of costs, upon the award to the	7393
builder the department, or the builder with the approval of the	7394
department, shall appoint an architect or engineer licensed in	7395
this state to prepare such further detailed plans, specifications,	7396
and bills of materials as are required to construct the building,	7397
structure, or improvement. The department shall adopt such rules	7398
as are necessary to give effect to this section. The department	7399
may reject any bid. Where there is reason to believe there is	7400
collusion or combination among bidders, the bids of those	7401
concerned therein shall be rejected.	7402

(11) To acquire by purchase, gift, devise, or grant and to	7403
transfer, lease, or otherwise dispose of all real property	7404
required to assist in the development of a conversion facility as	7405
defined in section 5709.30 of the Revised Code as that section	7406
existed before its repeal by Amended Substitute House Bill 95 of	7407
the 125th general assembly;	7408

(12) To lease for a period not to exceed forty years,	7409
notwithstanding any other division of this section, the	7410
state-owned property located at 408-450 East Town Street,	7411
Columbus, Ohio, formerly the state school for the deaf, to a	7412
developer in accordance with this section. "Developer," as used in	7413
this section, has the same meaning as in section 123.77 of the	7414
Revised Code.	7415

Such a lease shall be for the purpose of development of the	7416
land for use by senior citizens by constructing, altering,	7417
renovating, repairing, expanding, and improving the site as it	7418
existed on June 25, 1982. A developer desiring to lease the land	7419
shall prepare for submission to the department a plan for	7420
development. Plans shall include provisions for roads, sewers,	7421
water lines, waste disposal, water supply, and similar matters to	7422
meet the requirements of state and local laws. The plans shall	7423
also include provision for protection of the property by insurance	7424
or otherwise, and plans for financing the development, and shall	7425
set forth details of the developer's financial responsibility.	7426

The department may employ, as employees or consultants,	7427
persons needed to assist in reviewing the development plans. Those	7428
persons may include attorneys, financial experts, engineers, and	7429
other necessary experts. The department shall review the	7430
development plans and may enter into a lease if it finds all of	7431
the following:	7432

(a) The best interests of the state will be promoted by	7433
entering into a lease with the developer;	7434

(b) The development plans are satisfactory;

7435

(c) The developer has established the developer's financial	7436
responsibility and satisfactory plans for financing the	7437
development.	7438

The lease shall contain a provision that construction or	7439
renovation of the buildings, roads, structures, and other	7440
necessary facilities shall begin within one year after the date of	7441
the lease and shall proceed according to a schedule agreed to	7442
between the department and the developer or the lease will be	7443
terminated. The lease shall contain such conditions and	7444
stipulations as the director considers necessary to preserve the	7445
best interest of the state. Moneys received by the state pursuant	7446
to this lease shall be paid into the general revenue fund. The	7447
lease shall provide that at the end of the lease period the	7448
buildings, structures, and related improvements shall become the	7449
property of the state without cost.	7450

(13) To manage the use of space owned and controlled by the	7451
department, including space in property under the jurisdiction of	7452
the Ohio building authority, by doing all of the following:	7453

(a) Biennially implementing, by state agency location, a	7454
census of agency employees assigned space;	7455

(b) Periodically in the discretion of the director of	7456
administrative services:	7457

(i) Requiring each state agency to categorize the use of	7458
space allotted to the agency between office space, common areas,	7459
storage space, and other uses, and to report its findings to the	7460
department;	7461

(ii) Creating and updating a master space utilization plan	7462
for all space allotted to state agencies. The plan shall	7463
incorporate space utilization metrics.	7464

(iii) Conducting a cost-benefit analysis to determine the	7465
effectiveness of state-owned buildings;	7466

(iv) Assessing the alternatives associated with consolidating	7467
the commercial leases for buildings located in Columbus.	7468

(c) Commissioning a comprehensive space utilization and	7469
capacity study in order to determine the feasibility of	7470
consolidating existing commercially leased space used by state	7471
agencies into a new state-owned facility.	7472

(14) To adopt rules to ensure that energy efficiency and	7473
conservation is considered in the purchase of products and	7474
equipment, except motor vehicles, by any state agency, department,	7475
division, bureau, office, unit, board, commission, authority,	7476
quasi-governmental entity, or institution. The department may	7477
require minimum energy efficiency standards for purchased products	7478
and equipment based on federal testing and labeling if available	7479
or on standards developed by the department. When possible, the	7480
rules shall apply to the competitive selection of energy consuming	7481
systems, components, and equipment under Chapter 125. of the	7482
Revised Code.	7483

(15) To ensure energy efficient and energy conserving	7484
purchasing practices by doing all of the following:	7485

(a) Identifying available energy efficiency and conservation	7486
opportunities;	7487

(b) Providing for interchange of information among purchasing	7488
agencies;	7489

(c) Identifying laws, policies, rules, and procedures that	7490
should be modified;	7491

(d) Monitoring experience with and the cost-effectiveness of	7492
this state's purchase and use of motor vehicles and of major	7493
energy-consuming systems, components, equipment, and products	7494
having a significant impact on energy consumption by the	7495
government;	7496

(e) Providing technical assistance and training to state	7497
employees involved in the purchasing process;	7498

(f) Working with the ~~department of~~ development services	7499
agency to make recommendations regarding planning and	7500
implementation of purchasing policies and procedures that are	7501
supportive of energy efficiency and conservation.	7502

(16) To require all state agencies, departments, divisions,	7503
bureaus, offices, units, commissions, boards, authorities,	7504
quasi-governmental entities, institutions, and state institutions	7505
of higher education to implement procedures to ensure that all of	7506
the passenger automobiles they acquire in each fiscal year, except	7507
for those passenger automobiles acquired for use in law	7508
enforcement or emergency rescue work, achieve a fleet average fuel	7509
economy of not less than the fleet average fuel economy for that	7510
fiscal year as the department shall prescribe by rule. The	7511
department shall adopt the rule prior to the beginning of the	7512
fiscal year, in accordance with the average fuel economy standards	7513
established by federal law for passenger automobiles manufactured	7514
during the model year that begins during the fiscal year.	7515

Each state agency, department, division, bureau, office,	7516
unit, commission, board, authority, quasi-governmental entity,	7517
institution, and state institution of higher education shall	7518
determine its fleet average fuel economy by dividing the total	7519
number of passenger vehicles acquired during the fiscal year,	7520
except for those passenger vehicles acquired for use in law	7521
enforcement or emergency rescue work, by a sum of terms, each of	7522
which is a fraction created by dividing the number of passenger	7523
vehicles of a given make, model, and year, except for passenger	7524
vehicles acquired for use in law enforcement or emergency rescue	7525
work, acquired during the fiscal year by the fuel economy measured	7526
by the administrator of the United States environmental protection	7527
agency, for the given make, model, and year of vehicle, that	7528
constitutes an average fuel economy for combined city and highway	7529
driving.	7530

As used in division (A)(16) of this section, "acquired" means	7531
leased for a period of sixty continuous days or more, or	7532
purchased.	7533

(B) This section and section 125.02 of the Revised Code shall	7534
not interfere with any of the following:	7535

(1) The power of the adjutant general to purchase military	7536
supplies, or with the custody of the adjutant general of property	7537
leased, purchased, or constructed by the state and used for	7538
military purposes, or with the functions of the adjutant general	7539
as director of state armories;	7540

(2) The power of the director of transportation in acquiring	7541
rights-of-way for the state highway system, or the leasing of	7542
lands for division or resident district offices, or the leasing of	7543
lands or buildings required in the maintenance operations of the	7544
department of transportation, or the purchase of real property for	7545
garage sites or division or resident district offices, or in	7546
preparing plans and specifications for and constructing such	7547
buildings as the director may require in the administration of the	7548
department;	7549

(3) The power of the director of public safety and the	7550
registrar of motor vehicles to purchase or lease real property and	7551
buildings to be used solely as locations to which a deputy	7552
registrar is assigned pursuant to division (B) of section 4507.011	7553
of the Revised Code and from which the deputy registrar is to	7554
conduct the deputy registrar's business, the power of the director	7555
of public safety to purchase or lease real property and buildings	7556
to be used as locations for division or district offices as	7557
required in the maintenance of operations of the department of	7558
public safety, and the power of the superintendent of the state	7559
highway patrol in the purchase or leasing of real property and	7560
buildings needed by the patrol, to negotiate the sale of real	7561
property owned by the patrol, to rent or lease real property owned	7562
or leased by the patrol, and to make or cause to be made repairs	7563
to all property owned or under the control of the patrol;	7564

(4) The power of the division of liquor control in the	7565
leasing or purchasing of retail outlets and warehouse facilities	7566
for the use of the division;	7567

(5) The power of the director of development services to	7568
enter into leases of real property, buildings, and office space to	7569
be used solely as locations for the state's foreign offices to	7570
carry out the purposes of section 122.05 of the Revised Code;	7571

(6) The power of the director of environmental protection to	7572
enter into environmental covenants, to grant and accept easements,	7573
or to sell property pursuant to division (G) of section 3745.01 of	7574
the Revised Code.	7575

(C) Purchases for, and the custody and repair of, buildings	7576
under the management and control of the capitol square review and	7577
advisory board, the rehabilitation services commission, the bureau	7578
of workers' compensation, or the departments of public safety, job	7579
and family services, ~~mental health~~mental health and addiction	7580
services, developmental disabilities, and rehabilitation and	7581
correction; buildings of educational and benevolent institutions	7582
under the management and control of boards of trustees; and	7583
purchases or leases for, and the custody and repair of, office	7584
space used for the purposes of the joint legislative ethics	7585
committee are not subject to the control and jurisdiction of the	7586
department of administrative services.	7587

If the joint legislative ethics committee so requests, the	7588
committee and the director of administrative services may enter	7589
into a contract under which the department of administrative	7590
services agrees to perform any services requested by the committee	7591
that the department is authorized under this section to perform.	7592

(D) Unless the house of representatives notifies the	7593
department of administrative services that the house of	7594
representatives opts out, purchases for the maintenance, care,	7595
custodial care, utility costs, and repair of office space used by	7596
the house of representatives are subject to the control and	7597
jurisdiction of the department. If the house of representatives	7598
opts out, the house of representatives may enter into a contract	7599
for the purchase of any such services as is permitted under	7600
sections 125.02 and 125.04 of the Revised Code and the department	7601
shall pay the costs of the purchase and shall not charge the house	7602
of representatives service fees related to the purchase.	7603

(E) Any instrument by which real property is acquired	7604
pursuant to this section shall identify the agency of the state	7605
that has the use and benefit of the real property as specified in	7606
section 5301.012 of the Revised Code.	7607

Sec. 123.10. (A) As used in this section and section 123.11	7608
of the Revised Code, "public exigency" means an injury or	7609
obstruction that occurs in any public works of the state	7610
maintained by the director of administrative services and that	7611
materially impairs its immediate use or places in jeopardy	7612
property adjacent to it; an immediate danger of such an injury or	7613
obstruction; or an injury or obstruction, or an immediate danger	7614
of an injury or obstruction, that occurs in any public works of	7615
the state maintained by the director of administrative services	7616
and that materially impairs its immediate use or places in	7617
jeopardy property adjacent to it.	7618

(B) When a declaration of public exigency is issued pursuant	7619
to division (C) of this section, ~~the director of administrative~~	7620
~~services may request~~ the Ohio facilities construction commission	7621
toshall enter into contracts with proper persons for the	7622
performance of labor, the furnishing of materials, or the	7623
construction of any structures and buildings necessary to the	7624
maintenance, control, and management of the public works of the	7625
state or any part of those public works. Any contracts awarded for	7626
the work performed pursuant to the declaration of a public	7627
exigency may be awarded without competitive bidding or selection	7628
as set forth in Chapter 153. of the Revised Code.	7629

(C) The executive director of ~~administrative services~~the	7630
Ohio facilities construction commission may issue a declaration of	7631
a public exigency on the executive director's own initiative or	7632
upon the request of the director of any state agency. The	7633
executive director's declaration shall identify the specific	7634
injury, obstruction, or danger that is the subject of the	7635
declaration and shall set forth a dollar limitation for the	7636
repair, removal, or prevention of that exigency under the	7637
declaration.	7638

Before any project to repair, remove, or prevent a public	7639
exigency under the executive director's declaration may begin, the	7640
executive director shall send notice of the project, in writing,	7641
to the director of budget and management and to the members of the	7642
controlling board. That notice shall detail the project to be	7643
undertaken to address the public exigency and shall include a copy	7644
of the executive director's declaration that establishes the	7645
monetary limitations on that project.	7646

Sec. 123.11. When a public exigency, as defined in division	7647
(A) of section 123.10 of the Revised Code, exists, the executive	7648
director of ~~administrative services~~the Ohio facilities	7649
construction commission may take possession of lands and use them,	7650
or materials and other property necessary for the maintenance,	7651
protection, or repair of the public works, in accordance with	7652
sections 163.01 to 163.22 of the Revised Code.	7653

Sec. 123.19. There is hereby established in the state	7654
treasury the theater equipment maintenance fund. All appropriate	7655
theater-related revenues of the department of administrative	7656
services, as determined by the department, shall be credited to	7657
that fund and to any accounts created in that fund with the	7658
department's approval. All appropriate theater-related expenses of	7659
the department, as determined by the department, including	7660
reimbursement of, or payment to, any other fund or any	7661
governmental agency for advances made or services rendered to or	7662
on behalf of the department, shall be paid from that fund as	7663
determined by or pursuant to directions of the department. All	7664
investment earnings of that fund shall be credited to it and shall	7665
be allocated among any accounts created in the fund in the manner	7666
determined by the department.	7667

Sec. 123.201. (A) There is hereby created in the state	7668
treasury the Ohio facilities construction commission fund,	7669
consisting of transfers of moneys authorized by the general	7670
assembly and revenues received by the Ohio facilities construction	7671
commission under section 123.21 of the Revised Code. Investment	7672
earnings on moneys in the fund shall be credited to the fund.	7673
Moneys in the fund may be used by the commission, in performing	7674
its duties under this chapter, to pay personnel and other	7675
administrative expenses, to pay the cost of preparing building	7676
design specifications, to pay the cost of providing project	7677
management services, and for other purposes determined by the	7678
commission to be necessary to fulfill its duties under this	7679
chapter.	7680

(B)(1) There is hereby created in the state treasury the	7681
cultural and sports facilities building fund, consisting of	7682
proceeds of obligations authorized to pay costs of Ohio cultural	7683
facilities and Ohio sports facilities for which appropriations are	7684
made by the general assembly. All investment earnings of the fund	7685
shall be credited to the fund.	7686

(2) Upon the request of the executive director of the Ohio	7687
facilities construction commission and subject to applicable tax	7688
law limitations, the director of budget and management may	7689
transfer to the Ohio cultural facilities administration fund	7690
moneys credited to the cultural and sports facilities building	7691
fund to pay the costs of administering projects funded through the	7692
cultural and sports facilities building fund.	7693

(C) There is hereby created in the state treasury the Ohio	7694
cultural facilities administration fund, consisting of transfers	7695
of money authorized by the general assembly and revenues received	7696
by the commission under division (A)(9) of section 123.21 of the	7697
Revised Code. Moneys in the fund may be used by the Ohio	7698
facilities construction commission in administering projects	7699
funded through the cultural and sports facilities building fund	7700
pursuant to sections 123.28 and 128.281 of the Revised Code. All	7701
investment earnings of that fund shall be credited to it and shall	7702
be allocated among any accounts created in the fund in the manner	7703
determined by the commission.	7704

(D)(1) There is hereby created in the state treasury the	7705
capital donations fund, which shall be administered by the Ohio	7706
facilities construction commission. The fund consists of gifts,	7707
grants, devises, bequests, and other financial contributions made	7708
to the commission for the construction or improvement of cultural	7709
and sports facilities and shall be used in accordance with the	7710
specific purposes for which the gifts, grants, devises, bequests,	7711
or other financial contributions are made. All investment earnings	7712
of the fund shall be credited to the fund. Chapters 123., 125.,	7713
127., and 153. and section 3517.13 of the Revised Code do not	7714
apply to contract obligations paid from the fund, notwithstanding	7715
anything to the contrary in those chapters or that section.	7716

(2) Not later than one month following the end of each	7717
quarter of the fiscal year, the commission shall allocate the	7718
amounts credited to the fund from investment earnings during that	7719
preceding quarter of the fiscal year among the specific projects	7720
for which they are to be used and shall certify this information	7721
to the director of budget and management.	7722

(3) If the amounts credited to the fund for a particular	7723
project exceed what is required to complete that project, the	7724
commission may refund any of those excess amounts, including	7725
unexpended investment earnings attributable to those amounts, to	7726
the entity from which they were received.	7727

Sec. 123.21. (A) The Ohio facilities construction commission	7728
may perform any act and ensure the performance of any function	7729
necessary or appropriate to carry out the purposes of, and	7730
exercise the powers granted under this chapter or any other	7731
provision of the Revised Code, including any of the following:	7732

(1) Prepare, or contract to be prepared, by licensed	7733
engineers or architects, surveys, general and detailed plans,	7734
specifications, bills of materials, and estimates of cost for any	7735
projects, improvements, or public buildings to be constructed by	7736
state agencies that may be authorized by legislative	7737
appropriations or any other funds made available therefor,	7738
provided that the construction of the projects, improvements, or	7739
public buildings is a statutory duty of the commission. This	7740
section does not require the independent employment of an	7741
architect or engineer as provided by section 153.01 of the Revised	7742
Code in the cases to which section 153.01 of the Revised Code	7743
applies. This section does not affect or alter the existing powers	7744
of the director of transportation.	7745

(2) Have general supervision over the construction of any	7746
projects, improvements, or public buildings constructed for a	7747
state agency and over the inspection of materials prior to their	7748
incorporation into those projects, improvements, or buildings.	7749

(3) Make contracts for and supervise the design and	7750
construction of any projects and improvements or the construction	7751
and repair of buildings under the control of a state agency. All	7752
such contracts may be based in whole or in part on the unit price	7753
or maximum estimated cost, with payment computed and made upon	7754
actual quantities or units.	7755

(4) Adopt, amend, and rescind rules pertaining to the	7756
administration of the construction of the public works of the	7757
state as required by law, in accordance with Chapter 119. of the	7758
Revised Code.	7759

(5) Contract with, retain the services of, or designate, and	7760
fix the compensation of, such agents, accountants, consultants,	7761
advisers, and other independent contractors as may be necessary or	7762
desirable to carry out the programs authorized under this chapter,	7763
or authorize the executive director to perform such powers and	7764
duties.	7765

(6) Receive and accept any gifts, grants, donations, and	7766
pledges, and receipts therefrom, to be used for the programs	7767
authorized under this chapter.	7768

(7) Make and enter into all contracts, commitments, and	7769
agreements, and execute all instruments, necessary or incidental	7770
to the performance of its duties and the execution of its rights	7771
and powers under this chapter, or authorize the executive director	7772
to perform such powers and duties.	7773

(8) Debar a contractor as provided in section 153.02 of the	7774
Revised Code.	7775

(9) Enter into and administer cooperative agreements for	7776
cultural projects, as provided in sections 123.28 and 123.281 of	7777
the Revised Code.	7778

(B) The commission shall appoint and fix the compensation of	7779
an executive director who shall serve at the pleasure of the	7780
commission. The executive director shall exercise all powers that	7781
the commission possesses, supervise the operations of the	7782
commission, and perform such other duties as delegated by the	7783
commission. The executive director also shall employ and fix the	7784
compensation of such employees as will facilitate the activities	7785
and purposes of the commission, who shall serve at the pleasure of	7786
the executive director. The employees of the commission are exempt	7787
from Chapter 4117. of the Revised Code and are not considered	7788
public employees as defined in section 4117.01 of the Revised	7789
Code. Any agreement entered into prior to July 1, 2012, between	7790
the office of collective bargaining and the exclusive	7791
representative for employees of the commission is binding and	7792
shall continue to have effect.	7793

(C) The attorney general shall serve as the legal	7794
representative for the commission and may appoint other counsel as	7795
necessary for that purpose in accordance with section 109.07 of	7796
the Revised Code.	7797

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

7798

"Capital facilities project" means the construction,	7799
reconstruction, improvement, enlargement, alteration, or repair of	7800
a building by a public entity.	7801

"Public entity" includes a state agency and a state	7802
institution of higher education.	7803

"State institution of higher education" has the same meaning	7804
as in section 3345.011 of the Revised Code.	7805

(B) Commencing not later than July 1, 2012, and upon	7806
completion of a capital facilities project that is funded wholly	7807
or in part using state funds, each public entity shall submit a	7808
report about the project to the executive director of the Ohio	7809
facilities construction commission. The report shall be submitted	7810
in Ohio administrative knowledge system capital improvement format	7811
or in a manner determined by the executive director and not later	7812
than thirty days after the project is complete. The report shall	7813
provide the total original contract bid, total cost of change	7814
orders, total actual cost of the project, total costs incurred for	7815
mediation and litigation services, and any other data requested by	7816
the executive director. The first report submitted pursuant to	7817
this division shall include information about any capital	7818
facilities project completed on or after July 1, 2011. Any capital	7819
facilities project that is funded wholly or in part through	7820
appropriations made to the Ohio school facilities commission,or	7821
the Ohio public works commission, ~~or the Ohio cultural facilities~~	7822
~~commission,~~ or for which a joint use agreement has been entered	7823
into with any public entity, is exempt from the reporting	7824
requirement prescribed under this division.	7825

(C) Commencing not later than July 1, 2012, and annually	7826
thereafter, the attorney general shall report to the executive	7827
director of the Ohio facilities construction commission on any	7828
mediation and litigation costs associated with capital facilities	7829
projects for which a judgment has been rendered. The report shall	7830
be submitted in a manner prescribed by the executive director and	7831
shall contain any information requested by the executive director	7832
related to capital facilities project mediation and litigation	7833
costs.	7834

(D) As soon as practicable after such information is made	7835
available, the executive director of the Ohio facilities	7836
construction commission shall incorporate the information reported	7837
pursuant to divisions (B) and (C) of this section into the Ohio	7838
administrative knowledge system.	7839

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	7840
section 123.281 of the Revised Code:	7841

(A) "Culture" means any of the following:

7842

(1) Visual, musical, dramatic, graphic, design, and other	7843
arts, including, but not limited to, architecture, dance,	7844
literature, motion pictures, music, painting, photography,	7845
sculpture, and theater, and the provision of training or education	7846
in these arts;	7847

(2) The presentation or making available, in museums or other	7848
indoor or outdoor facilities, of principles of science and their	7849
development, use, or application in business, industry, or	7850
commerce or of the history, heritage, development, presentation,	7851
and uses of the arts described in division (A)(1) of this section	7852
and of transportation;	7853

(3) The preservation, presentation, or making available of	7854
features of archaeological, architectural, environmental, or	7855
historical interest or significance in a state historical facility	7856
or a local historical facility.	7857

(B) "Cultural organization" means either of the following:

7858

(1) A governmental agency or Ohio nonprofit corporation,	7859
including the Ohio historical society, that provides programs or	7860
activities in areas directly concerned with culture;	7861

(2) A regional arts and cultural district as defined in	7862
section 3381.01 of the Revised Code.	7863

(C) "Cultural project" means all or any portion of an Ohio	7864
cultural facility for which the general assembly has ~~specifically~~	7865
~~authorized the spending of money, or~~ made an appropriation,	7866
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	7867
~~Revised Code~~or has specifically authorized the spending of money	7868
or the making of rental payments relating to the financing of	7869
construction.	7870

(D) "Cooperative contract" means a contract between the Ohio	7871
~~cultural~~ facilities construction commission and a cultural	7872
organization providing the terms and conditions of the cooperative	7873
use of an Ohio cultural facility.	7874

(E) "Costs of operation" means amounts required to manage an	7875
Ohio cultural facility that are incurred following the completion	7876
of construction of its cultural project, provided that both of the	7877
following apply:	7878

(1) Those amounts either:

7879

(a) Have been committed to a fund dedicated to that purpose;

7880

(b) Equal the principal of any endowment fund, the income	7881
from which is dedicated to that purpose.	7882

(2) The commission and the cultural organization have	7883
executed an agreement with respect to either of those funds.	7884

(F) ~~"General building services" means general building~~	7885
~~services for an Ohio cultural facility or an Ohio sports facility,~~	7886
~~including, but not limited to, general custodial care, security,~~	7887
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	7888
~~fire safety, grounds and site maintenance and upkeep, and~~	7889
~~plumbing.~~	7890

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	7891
~~state-supported or state-assisted institution of higher education,~~	7892
a municipal corporation, county, township, or school district, a	7893
port authority created under Chapter 4582. of the Revised Code,	7894
any other political subdivision or special district in this state	7895
established by or pursuant to law, or any combination of these	7896
entities; except where otherwise indicated, the United States or	7897
any department, division, or agency of the United States, or any	7898
agency, commission, or authority established pursuant to an	7899
interstate compact or agreement.	7900

~~(H)~~(G) "Local contributions" means the value of an asset	7901
provided by or on behalf of a cultural organization from sources	7902
other than the state, the value and nature of which shall be	7903
approved by the Ohio ~~cultural~~ facilities construction commission,	7904
in its sole discretion. "Local contributions" may include the	7905
value of the site where a cultural project is to be constructed.	7906
All "local contributions," except a contribution attributable to	7907
such a site, shall be for the costs of construction of a cultural	7908
project or the creation or expansion of an endowment for the costs	7909
of operation of a cultural facility.	7910

~~(I)~~(H) "Local historical facility" means a site or facility,	7911
other than a state historical facility, of archaeological,	7912
architectural, environmental, or historical interest or	7913
significance, or a facility, including a storage facility,	7914
appurtenant to the operations of such a site or facility, that is	7915
owned by a cultural organization~~, provided the facility meets the~~	7916
~~requirements of division (K)(2)(b) of this section, is managed by~~	7917
~~or pursuant to a contract with the Ohio cultural facilities~~	7918
~~commission,~~ and is used for or in connection with ~~the~~cultural	7919
activities ~~of the commission~~, including the presentation or making	7920
available of culture to the public.	7921

~~(J)~~(I) "Manage," "operate," or "management" means the	7922
provision of, or the exercise of control over the provision of,	7923
activities:	7924

(1) Relating to culture for an Ohio cultural facility,	7925
including as applicable, but not limited to, providing for	7926
displays, exhibitions, specimens, and models; booking of artists,	7927
performances, or presentations; scheduling; and hiring or	7928
contracting for directors, curators, technical and scientific	7929
staff, ushers, stage managers, and others directly related to the	7930
cultural activities in the facility; but not including general	7931
building services;	7932

(2) Relating to sports and athletic events for an Ohio sports	7933
facility, including as applicable, but not limited to, providing	7934
for booking of athletes, teams, and events; scheduling; and hiring	7935
or contracting for staff, ushers, managers, and others directly	7936
related to the sports and athletic events in the facility; but not	7937
including general building services.	7938

~~(K)~~(J) "Ohio cultural facility" means any of the following:

7939

(1) The theaters located in the state office tower at 77	7940
South High street in Columbus;	7941

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	7942
~~of the following apply:~~	7943

~~(a) The construction of a cultural project related to the~~	7944
~~facility was authorized or funded by the general assembly pursuant~~	7945
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	7946
~~proceeds of state bonds are used for costs of the cultural~~	7947
~~project.~~	7948

~~(b) The facility~~that is managed directly by, or is subject	7949
to a cooperative or management contract with, the Ohio ~~cultural~~	7950
facilities construction commission~~, and is used for or in~~	7951
~~connection with the activities of the commission, including the~~	7952
~~presentation or making available of culture to the public and the~~	7953
~~provision of training or education in culture~~.	7954

(3) A state historical facility or a local historical	7955
facility.	7956

~~(L) "State agency" means the state or any of its branches,~~	7957
~~officers, boards, commissions, authorities, departments,~~	7958
~~divisions, or other units or agencies.~~	7959

~~(M)~~(K) "Construction" includes acquisition, including	7960
acquisition by lease-purchase, demolition, reconstruction,	7961
alteration, renovation, remodeling, enlargement, improvement, site	7962
improvements, and related equipping and furnishing.	7963

~~(N)~~(L) "State historical facility" means a site or facility	7964
that has all of the following characteristics:	7965

(1) It is created, supervised, operated, protected,	7966
maintained, and promoted by the Ohio historical society pursuant	7967
to the society's performance of public functions under sections	7968
149.30 and 149.302 of the Revised Code.	7969

(2) Its title must reside wholly or in part with the state,	7970
the society, or both the state and the society.	7971

(3) It is managed directly by or is subject to a cooperative	7972
or management contract with the Ohio ~~cultural~~ facilities	7973
construction commission and is used for or in connection with ~~the~~	7974
cultural activities ~~of the commission~~, including the presentation	7975
or making available of culture to the public.	7976

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	7977
stadium, arena, tennis facility, motorsports complex, or other	7978
capital facility in this state. A primary purpose of the facility	7979
shall be to provide a site or venue for the presentation to the	7980
public of motorsports events, professional tennis tournaments, or	7981
events of one or more major or minor league professional athletic	7982
or sports teams that are associated with the state or with a city	7983
or region of the state. The facility shall be, in the case of a	7984
motorsports complex, owned by the state or governmental agency, or	7985
in all other instances, owned by or located on real property owned	7986
by the state or a governmental agency, and includes all parking	7987
facilities, walkways, and other auxiliary facilities, equipment,	7988
furnishings, and real and personal property and interests and	7989
rights therein, that may be appropriate for or used for or in	7990
connection with the facility or its operation, for capital costs	7991
of which state funds are spent pursuant to ~~this chapter~~this	7992
section and section 123.281 of the Revised Code. A facility	7993
constructed as an Ohio sports facility may be both an Ohio	7994
cultural facility and an Ohio sports facility.	7995

~~(P)~~(N) "Motorsports" means sporting events in which motor	7996
vehicles are driven on a clearly demarcated tracked surface.	7997

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	7998
commission shall provide for the construction of a cultural	7999
project in conformity with Chapter 153. of the Revised Code,	8000
except ~~as follows:~~	8001

~~(1) For a cultural project other than a state historical~~	8002
~~facility, construction services may be provided on behalf of the~~	8003
~~state by the Ohio cultural facilities commission, or by~~for	8004
construction services provided on behalf of the state by a	8005
governmental agency or a cultural organization in accordance with	8006
divisions (B) and (C) of this section.	8007

(B) In order for a governmental agency or a cultural	8008
organization ~~that occupies, will occupy, or is responsible for the~~	8009
~~Ohio cultural facility, as determined by the Ohio cultural~~	8010
~~facilities commission. For a project receiving a state~~	8011
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	8012
~~facilities commission may delegate to its executive director the~~	8013
~~authority to approve the provision of construction services by~~	8014
~~such an agency or organization, but not the authority to~~	8015
~~disapprove that provision. Construction services to be provided by~~	8016
~~a governmental agency or a cultural organization shall be~~	8017
~~specified in an agreement between the Ohio cultural facilities~~	8018
~~commission and the governmental agency or cultural organization.~~	8019
~~The agreement, or any actions taken under it, are not subject to~~	8020
~~Chapter 123. or 153. of the Revised Code, except for sections~~	8021
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	8022
~~Chapter 4115. of the Revised Code.~~	8023

~~(2) For a cultural project that is~~to provide construction	8024
services on behalf of the state for a cultural project, other than	8025
a state historical facility, for which the general assembly has	8026
made an appropriation or specifically authorized the spending of	8027
money or the making of rental payments relating to the financing	8028
of the construction, the governmental agency or cultural	8029
organization shall submit to the Ohio facilities construction	8030
commission a cooperative agreement that includes, but is not	8031
limited to, provisions that:	8032

(1) Specify how the proposed project will support culture, as	8033
defined in section 123.28 of the Revised Code;	8034

(2) Specify that the governmental agency or cultural	8035
organization has local contributions amounting to not less than	8036
fifty per cent of the total state funding for the cultural	8037
project;	8038

(3) Specify that the funds shall be used only for	8039
construction, as defined in section 123.28 of the Revised Code;	8040

(4) Identify the facility to be constructed, renovated,	8041
remodeled, or improved;	8042

(5) Specify that the project scope meets the intent and	8043
purpose of the project appropriation and that the project can be	8044
completed and ready for full occupancy without exceeding	8045
appropriated funds;	8046

(6) Specify that the governmental agency or cultural	8047
organization shall hold the Ohio facilities construction	8048
commission harmless from all liability for the operation and	8049
maintenance costs of the facility;	8050

(7) Specify that the agreement or any actions taken under it	8051
are not subject to Chapters 123. or 153. of the Revised Code,	8052
except for section 153.011 of the Revised Code, and are subject to	8053
Chapter 4115. of the Revised Code; and	8054

(8) Provide that amendments to the agreement shall require	8055
the approval of the Ohio facilities construction commission.	8056

(C) In order for a cultural organization to provide	8057
construction services on behalf of the state for a state	8058
historical facility~~, construction services may be provided by the~~	8059
~~Ohio cultural facilities commission or by a cultural organization~~	8060
~~that occupies, will occupy, or is responsible for the facility, as~~	8061
~~determined by the Ohio cultural facilities commission. For a~~	8062
~~facility receiving a state appropriation of fifty thousand dollars~~	8063
~~or less, the Ohio cultural facilities commission may delegate to~~	8064
~~its executive director the authority to approve the provision of~~	8065
~~construction services by such an organization, but not the~~	8066
~~authority to disapprove that provision. The construction services~~	8067
~~to be provided by the cultural organization shall be specified in~~	8068
~~an agreement between the Ohio cultural facilities commission and~~	8069
~~the cultural organization. That agreement, and any actions taken~~	8070
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	8071
~~Revised Code.~~	8072

~~(B) For an Ohio sports facility that is financed in part by~~	8073
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	8074
~~construction services shall be provided on behalf of the state by~~	8075
~~or at the direction of the governmental agency or nonprofit~~	8076
~~corporation that will own or be responsible for the management of~~	8077
~~the facility, all as determined by the Ohio cultural facilities~~	8078
~~commission. For a facility receiving a state appropriation of~~	8079
~~fifty thousand dollars or less, the Ohio cultural facilities~~	8080
~~commission may delegate to its executive director the authority to~~	8081
~~approve the provision of construction services by or at the~~	8082
~~direction of the agency or corporation, but not the authority to~~	8083
~~disapprove that provision. Any construction services to be~~	8084
~~provided by a governmental agency or nonprofit corporation shall~~	8085
~~be specified in an agreement between the Ohio cultural facilities~~	8086
~~commission and the governmental agency or nonprofit corporation.~~	8087
~~That agreement, and any actions taken under it, are not subject to~~	8088
~~Chapter 123. or 153. of the Revised Code, except for sections~~	8089
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	8090
~~Chapter 4115. of the Revised Code.~~	8091

~~(C) General building services for an Ohio cultural facility~~	8092
~~shall be provided by the Ohio cultural facilities commission or by~~	8093
~~a cultural organization that occupies, will occupy, or is~~	8094
~~responsible for the facility, as determined by the Ohio cultural~~	8095
~~facilities commission. For a facility receiving a state~~	8096
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	8097
~~facilities commission may delegate to its executive director the~~	8098
~~authority to approve the provision of general building services by~~	8099
~~such an organization, but not the authority to disapprove that~~	8100
~~provision. Alternatively, the Ohio building authority may elect to~~	8101
~~provide those services for Ohio cultural facilities financed with~~	8102
~~proceeds of state bonds issued by the authority. The costs of~~	8103
~~management and general building services shall be paid by the~~	8104
~~cultural organization that occupies, will occupy, or is~~	8105
~~responsible for the facility as provided in an agreement between~~	8106
~~the Ohio cultural facilities commission and the cultural~~	8107
~~organization, except that the state may pay for general building~~	8108
~~services for state-owned cultural facilities constructed on~~	8109
~~state-owned land.~~	8110

~~General building services for an Ohio sports facility shall~~	8111
~~be provided by or at the direction of the governmental agency or~~	8112
~~nonprofit corporation that will be responsible for the management~~	8113
~~of the facility, all as determined by the Ohio cultural facilities~~	8114
~~commission. For a facility receiving a state appropriation of~~	8115
~~fifty thousand dollars or less, the Ohio cultural facilities~~	8116
~~commission may delegate to its executive director the authority to~~	8117
~~approve the provision of general building services by or at the~~	8118
~~direction of the agency or corporation, but not the authority to~~	8119
~~disapprove that provision. Any general building services to be~~	8120
~~provided by a governmental agency or nonprofit corporation for an~~	8121
~~Ohio sports facility shall be specified in an agreement between~~	8122
~~the Ohio cultural facilities commission and the governmental~~	8123
~~agency or nonprofit corporation. That agreement, and any actions~~	8124
~~taken under it, are not subject to Chapter 123. or 153. of the~~	8125
~~Revised Code, except for sections 123.081 and 153.011 of the~~	8126
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	8127
~~Code.~~	8128

~~(D) This division does not apply to a state historical~~	8129
~~facility. No state funds, including any state bond proceeds, shall~~	8130
~~be spent on the construction of any cultural project under this~~	8131
~~chapter unless, with respect to the cultural project and to the~~	8132
~~Ohio cultural facility related to the project, all of the~~	8133
~~following apply:~~	8134

~~(1) The Ohio cultural facilities commission has determined~~	8135
~~that there is a need for the cultural project and the Ohio~~	8136
~~cultural facility related to the project in the region of the~~	8137
~~state in which the Ohio cultural facility is located or for which~~	8138
~~the facility is proposed. For a project receiving a state~~	8139
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	8140
~~facilities commission may delegate to its executive director the~~	8141
~~authority to determine need but only in the affirmative.~~	8142

~~(2) The Ohio cultural facilities commission has determined~~	8143
~~that, as an indication of substantial regional support for the~~	8144
~~cultural project, the cultural organization has made provision~~	8145
~~satisfactory to the Ohio cultural facilities commission, in its~~	8146
~~sole discretion, for local contributions amounting to not less~~	8147
~~than fifty per cent of the total state funding for the cultural~~	8148
~~project. For a project receiving a state appropriation of fifty~~	8149
~~thousand dollars or less, the Ohio cultural facilities commission~~	8150
~~may delegate to its executive director the authority to determine~~	8151
~~the adequacy of the regional support but only in the affirmative.~~	8152

~~(3) The general assembly has specifically authorized the~~	8153
~~spending of money on, or made an appropriation for, the~~	8154
~~construction of the cultural project, or for rental payments~~	8155
~~relating to the financing of the construction of the cultural~~	8156
~~project. Authorization to spend money, or an appropriation, for~~	8157
~~planning the cultural project does not constitute authorization to~~	8158
~~spend money on, or an appropriation for, construction of the~~	8159
~~cultural project.~~	8160

~~(E) No state funds, including any state bond proceeds, shall~~	8161
~~be spent on the construction of any state historical facility~~	8162
~~under this chapter unless the general assembly has specifically~~	8163
~~authorized the spending of money on, or made an appropriation for,~~	8164
~~the construction of the state historical project related to the~~	8165
~~facility, or for rental payments relating to the financing of the~~	8166
~~construction of the state historical project. Authorization to~~	8167
~~spend money, or an appropriation, for planning the state~~	8168
~~historical project does not constitute authorization to spend~~	8169
~~money on, or an appropriation for, the construction of the state~~	8170
~~historical project.~~	8171

~~(F)~~for which the general assembly has made an appropriation	8172
or specifically authorized the spending of money or the making of	8173
rental payments relating to the financing of the construction, the	8174
cultural organization shall submit to the Ohio facilities	8175
construction commission a cooperative agreement that includes, but	8176
is not limited to, provisions that:	8177

(1) Specify how the proposed project will support culture, as	8178
defined in section 123.28 of the Revised Code;	8179

(2) Specify that the funds shall be used only for	8180
construction, as defined in section 123.28 of the Revised Code;	8181

(3) Identify the facility to be constructed, renovated,	8182
remodeled, or improved;	8183

(4) Specify that the project scope meets the intent and	8184
purpose of the project appropriation and that the project can be	8185
completed and ready for full occupancy without exceeding	8186
appropriated funds;	8187

(5) Specify that the cultural organization shall hold the	8188
Ohio facilities construction commission harmless from all	8189
liability for the operation and maintenance costs of the facility;	8190

(6) Specify that the agreement or any actions taken under it	8191
are not subject to Chapters 123., 153., or 4115. of the Revised	8192
Code; and	8193

(7) Provide that amendments to the agreement shall require	8194
the approval of the Ohio facilities construction commission.	8195

(D) State funds shall not be used to pay or reimburse more	8196
than fifteen per cent of the initial estimated construction cost	8197
of an Ohio sports facility, excluding any site acquisition cost,	8198
and no state funds, including any state bond proceeds, shall be	8199
spent on any Ohio sports facility under this chapter unless, with	8200
respect to that facility, all of the following apply:	8201

(1) The Ohio ~~cultural~~ facilities construction commission has	8202
~~determined that there is a need for the facility in the region of~~	8203
~~the state for which the facility is proposed to provide the~~	8204
~~function of an Ohio sports facility as provided for in this~~	8205
~~chapter. For a facility receiving a state appropriation of fifty~~	8206
~~thousand dollars or less, the Ohio cultural facilities commission~~	8207
~~may delegate to its executive director the authority to determine~~	8208
~~need but only in the affirmative.~~	8209

~~(2) As an indication of substantial local support for the~~	8210
~~facility, the Ohio cultural facilities commission has~~ received a	8211
financial and development plan satisfactory to it, and provision	8212
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	8213
~~cultural facilities~~ commission, for a contribution amounting to	8214
not less than eighty-five per cent of the total estimated	8215
construction cost of the facility, excluding any site acquisition	8216
cost, from sources other than the state. ~~For a facility receiving~~	8217
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	8218
~~cultural facilities commission may delegate to its executive~~	8219
~~director the authority to evaluate the financial and development~~	8220
~~plan and the contribution and to determine their adequacy but only~~	8221
~~in the affirmative.~~	8222

~~(3)~~(2) The general assembly has specifically authorized the	8223
spending of money on, or made an appropriation for, the	8224
construction of the facility, or for rental payments relating to	8225
state financing of all or a portion of the costs of constructing	8226
the facility. Authorization to spend money, or an appropriation,	8227
for planning or determining the feasibility of or need for the	8228
facility does not constitute authorization to spend money on, or	8229
an appropriation for, costs of constructing the facility.	8230

~~(4)~~(3) If state bond proceeds are being used for the Ohio	8231
sports facility, the state or a governmental agency owns or has	8232
sufficient property interests in the facility or in the site of	8233
the facility or in the portion or portions of the facility	8234
financed from proceeds of state bonds, which may include, but is	8235
not limited to, the right to use or to require the use of the	8236
facility for the presentation of sport and athletic events to the	8237
public at the facility.	8238

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	8239
this section, no state funds, including any state bond proceeds,	8240
shall be spent on any Ohio sports facility that is a motorsports	8241
complex, unless, with respect to that facility, both of the	8242
following apply:	8243

(1) Motorsports events shall be presented at the facility	8244
pursuant to a lease entered into with the owner of the facility.	8245
The term of the lease shall be for a period of not less than the	8246
greater of the useful life of the portion of the facility financed	8247
from proceeds of state bonds as determined using the guidelines	8248
for maximum maturities as provided under divisions (B) and (C) of	8249
section 133.20 of the Revised Code, or the period of time	8250
remaining to the date of payment or provision for payment of	8251
outstanding state bonds allocable to costs of the facility, all as	8252
determined by the director of budget and management and certified	8253
by the executive director toof the Ohio ~~cultural~~ facilities	8254
construction commission and to the treasurer of state.	8255

(2) Any motorsports organization that commits to using the	8256
facility for an established period of time shall give the	8257
political subdivision in which the facility is located not less	8258
than six months' advance notice if the organization intends to	8259
cease utilizing the facility prior to the expiration of that	8260
established period. Such a motorsports organization shall be	8261
liable to the state for any state funds used on the construction	8262
costs of the facility.	8263

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	8264
this section, no state bond proceeds shall be spent on any Ohio	8265
sports facility that is a tennis facility, unless the owner or	8266
manager of the facility provides contractual commitments from a	8267
national or international professional tennis organization in a	8268
form acceptable to the ~~cultural~~Ohio facilities construction	8269
commission that assures that one or more sanctioned professional	8270
tennis events will be presented at the facility during each year	8271
that the bonds remain outstanding.	8272

Sec. 124.11. The civil service of the state and the several	8273
counties, cities, civil service townships, city health districts,	8274
general health districts, and city school districts of the state	8275
shall be divided into the unclassified service and the classified	8276
service.	8277

(A) The unclassified service shall comprise the following	8278
positions, which shall not be included in the classified service,	8279
and which shall be exempt from all examinations required by this	8280
chapter:	8281

(1) All officers elected by popular vote or persons appointed	8282
to fill vacancies in those offices;	8283

(2) All election officers as defined in section 3501.01 of	8284
the Revised Code;	8285

(3)(a) The members of all boards and commissions, and heads	8286
of principal departments, boards, and commissions appointed by the	8287
governor or by and with the governor's consent;	8288

(b) The heads of all departments appointed by a board of	8289
county commissioners;	8290

(c) The members of all boards and commissions and all heads	8291
of departments appointed by the mayor, or, if there is no mayor,	8292
such other similar chief appointing authority of any city or city	8293
school district;	8294

Except as otherwise provided in division (A)(17) or (C) of	8295
this section, this chapter does not exempt the chiefs of police	8296
departments and chiefs of fire departments of cities or civil	8297
service townships from the competitive classified service.	8298

(4) The members of county or district licensing boards or	8299
commissions and boards of revision, and not more than five deputy	8300
county auditors;	8301

(5) All officers and employees elected or appointed by either	8302
or both branches of the general assembly, and employees of the	8303
city legislative authority engaged in legislative duties;	8304

(6) All commissioned, warrant, and noncommissioned officers	8305
and enlisted persons in the Ohio organized militia, including	8306
military appointees in the adjutant general's department;	8307

(7)(a) All presidents, business managers, administrative	8308
officers, superintendents, assistant superintendents, principals,	8309
deans, assistant deans, instructors, teachers, and such employees	8310
as are engaged in educational or research duties connected with	8311
the public school system, colleges, and universities, as	8312
determined by the governing body of the public school system,	8313
colleges, and universities;	8314

(b) The library staff of any library in the state supported	8315
wholly or in part at public expense.	8316

(8) Four clerical and administrative support employees for	8317
each of the elective state officers, four clerical and	8318
administrative support employees for each board of county	8319
commissioners and one such employee for each county commissioner,	8320
and four clerical and administrative support employees for other	8321
elective officers and each of the principal appointive executive	8322
officers, boards, or commissions, except for civil service	8323
commissions, that are authorized to appoint such clerical and	8324
administrative support employees;	8325

(9) The deputies and assistants of state agencies authorized	8326
to act for and on behalf of the agency, or holding a fiduciary or	8327
administrative relation to that agency and those persons employed	8328
by and directly responsible to elected county officials or a	8329
county administrator and holding a fiduciary or administrative	8330
relationship to such elected county officials or county	8331
administrator, and the employees of such county officials whose	8332
fitness would be impracticable to determine by competitive	8333
examination, provided that division (A)(9) of this section shall	8334
not affect those persons in county employment in the classified	8335
service as of September 19, 1961. Nothing in division (A)(9) of	8336
this section applies to any position in a county department of job	8337
and family services created pursuant to Chapter 329. of the	8338
Revised Code.	8339

(10) Bailiffs, constables, official stenographers, and	8340
commissioners of courts of record, deputies of clerks of the	8341
courts of common pleas who supervise or who handle public moneys	8342
or secured documents, and such officers and employees of courts of	8343
record and such deputies of clerks of the courts of common pleas	8344
as the appointing authority finds it impracticable to determine	8345
their fitness by competitive examination;	8346

(11) Assistants to the attorney general, special counsel	8347
appointed or employed by the attorney general, assistants to	8348
county prosecuting attorneys, and assistants to city directors of	8349
law;	8350

(12) Such teachers and employees in the agricultural	8351
experiment stations; such students in normal schools, colleges,	8352
and universities of the state who are employed by the state or a	8353
political subdivision of the state in student or intern	8354
classifications; and such unskilled labor positions as the	8355
director of administrative services, with respect to positions in	8356
the service of the state, or any municipal civil service	8357
commission may find it impracticable to include in the competitive	8358
classified service; provided such exemptions shall be by order of	8359
the commission or the director, duly entered on the record of the	8360
commission or the director with the reasons for each such	8361
exemption;	8362

(13) Any physician or dentist who is a full-time employee of	8363
the department of ~~mental health~~mental health and addiction	8364
services, the department of developmental disabilities, or an	8365
institution under the jurisdiction of either department; and	8366
physicians who are in residency programs at the institutions;	8367

(14) Up to twenty positions at each institution under the	8368
jurisdiction of the department of ~~mental health~~mental health and	8369
addiction services or the department of developmental disabilities	8370
that the department director determines to be primarily	8371
administrative or managerial; and up to fifteen positions in any	8372
division of either department, excluding administrative assistants	8373
to the director and division chiefs, which are within the	8374
immediate staff of a division chief and which the director	8375
determines to be primarily and distinctively administrative and	8376
managerial;	8377

(15) Noncitizens of the United States employed by the state,	8378
or its counties or cities, as physicians or nurses who are duly	8379
licensed to practice their respective professions under the laws	8380
of this state, or medical assistants, in mental or chronic disease	8381
hospitals, or institutions;	8382

(16) Employees of the governor's office;

8383

(17) Fire chiefs and chiefs of police in civil service	8384
townships appointed by boards of township trustees under section	8385
505.38 or 505.49 of the Revised Code;	8386

(18) Executive directors, deputy directors, and program	8387
directors employed by boards of alcohol, drug addiction, and	8388
mental health services under Chapter 340. of the Revised Code, and	8389
secretaries of the executive directors, deputy directors, and	8390
program directors;	8391

(19) Superintendents, and management employees as defined in	8392
section 5126.20 of the Revised Code, of county boards of	8393
developmental disabilities;	8394

(20) Physicians, nurses, and other employees of a county	8395
hospital who are appointed pursuant to sections 339.03 and 339.06	8396
of the Revised Code;	8397

(21) The executive director of the state medical board, who	8398
is appointed pursuant to division (B) of section 4731.05 of the	8399
Revised Code;	8400

(22) County directors of job and family services as provided	8401
in section 329.02 of the Revised Code and administrators appointed	8402
under section 329.021 of the Revised Code;	8403

(23) A director of economic development who is hired pursuant	8404
to division (A) of section 307.07 of the Revised Code;	8405

(24) Chiefs of construction and compliance, of operations and	8406
maintenance, of worker protection, and of licensing and	8407
certification in the division of industrial compliance in the	8408
department of commerce;	8409

(25) The executive director of a county transit system	8410
appointed under division (A) of section 306.04 of the Revised	8411
Code;	8412

(26) Up to five positions at each of the administrative	8413
departments listed in section 121.02 of the Revised Code and at	8414
the department of taxation, department of the adjutant general,	8415
department of education, Ohio board of regents, bureau of workers'	8416
compensation, industrial commission, state lottery commission, and	8417
public utilities commission of Ohio that the head of that	8418
administrative department or of that other state agency determines	8419
to be involved in policy development and implementation. The head	8420
of the administrative department or other state agency shall set	8421
the compensation for employees in these positions at a rate that	8422
is not less than the minimum compensation specified in pay range	8423
41 but not more than the maximum compensation specified in pay	8424
range 4447 of salary schedule E-2 in section 124.152 of the	8425
Revised Code. The authority to establish positions in the	8426
unclassified service under division (A)(26) of this section is in	8427
addition to and does not limit any other authority that an	8428
administrative department or state agency has under the Revised	8429
Code to establish positions, appoint employees, or set	8430
compensation.	8431

(27) Employees of the department of agriculture employed	8432
under section 901.09 of the Revised Code;	8433

(28) For cities, counties, civil service townships, city	8434
health districts, general health districts, and city school	8435
districts, the deputies and assistants of elective or principal	8436
executive officers authorized to act for and in the place of their	8437
principals or holding a fiduciary relation to their principals;	8438

(29) Employees who receive intermittent or temporary	8439
appointments under division (B) of section 124.30 of the Revised	8440
Code;	8441

(30) Employees appointed to administrative staff positions	8442
for which an appointing authority is given specific statutory	8443
authority to set compensation;	8444

(31) Employees appointed to highway patrol cadet or highway	8445
patrol cadet candidate classifications;	8446

(32) Employees placed in the unclassified service by another	8447
section of the Revised Code.	8448

(B) The classified service shall comprise all persons in the	8449
employ of the state and the several counties, cities, city health	8450
districts, general health districts, and city school districts of	8451
the state, not specifically included in the unclassified service.	8452
Upon the creation by the board of trustees of a civil service	8453
township civil service commission, the classified service shall	8454
also comprise, except as otherwise provided in division (A)(17) or	8455
(C) of this section, all persons in the employ of a civil service	8456
township police or fire department having ten or more full-time	8457
paid employees. The classified service consists of two classes,	8458
which shall be designated as the competitive class and the	8459
unskilled labor class.	8460

(1) The competitive class shall include all positions and	8461
employments in the state and the counties, cities, city health	8462
districts, general health districts, and city school districts of	8463
the state, and, upon the creation by the board of trustees of a	8464
civil service township of a township civil service commission, all	8465
positions in a civil service township police or fire department	8466
having ten or more full-time paid employees, for which it is	8467
practicable to determine the merit and fitness of applicants by	8468
competitive examinations. Appointments shall be made to, or	8469
employment shall be given in, all positions in the competitive	8470
class that are not filled by promotion, reinstatement, transfer,	8471
or reduction, as provided in this chapter, and the rules of the	8472
director of administrative services, by appointment from those	8473
certified to the appointing officer in accordance with this	8474
chapter.	8475

(2) The unskilled labor class shall include ordinary	8476
unskilled laborers. Vacancies in the labor class for positions in	8477
service of the state shall be filled by appointment from lists of	8478
applicants registered by the director or the director's designee.	8479
Vacancies in the labor class for all other positions shall be	8480
filled by appointment from lists of applicants registered by a	8481
commission. The director or the commission, as applicable, by	8482
rule, shall require an applicant for registration in the labor	8483
class to furnish evidence or take tests as the director or	8484
commission considers proper with respect to age, residence,	8485
physical condition, ability to labor, honesty, sobriety, industry,	8486
capacity, and experience in the work or employment for which	8487
application is made. Laborers who fulfill the requirements shall	8488
be placed on the eligible list for the kind of labor or employment	8489
sought, and preference shall be given in employment in accordance	8490
with the rating received from that evidence or in those tests.	8491
Upon the request of an appointing officer, stating the kind of	8492
labor needed, the pay and probable length of employment, and the	8493
number to be employed, the director or commission, as applicable,	8494
shall certify from the highest on the list double the number to be	8495
employed; from this number, the appointing officer shall appoint	8496
the number actually needed for the particular work. If more than	8497
one applicant receives the same rating, priority in time of	8498
application shall determine the order in which their names shall	8499
be certified for appointment.	8500

(C) A municipal or civil service township civil service	8501
commission may place volunteer firefighters who are paid on a	8502
fee-for-service basis in either the classified or the unclassified	8503
civil service.	8504

(D)(1) This division does not apply to persons in the	8505
unclassified service who have the right to resume positions in the	8506
classified service under sections 4121.121, ~~5119.071~~5119.18,	8507
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	8508
Revised Code or to cities, counties, or political subdivisions of	8509
the state.	8510

(2) A person who holds a position in the classified service	8511
of the state and who is appointed to a position in the	8512
unclassified service shall retain the right to resume the position	8513
and status held by the person in the classified service	8514
immediately prior to the person's appointment to the position in	8515
the unclassified service, regardless of the number of positions	8516
the person held in the unclassified service. An employee's right	8517
to resume a position in the classified service may only be	8518
exercised when an appointing authority demotes the employee to a	8519
pay range lower than the employee's current pay range or revokes	8520
the employee's appointment to the unclassified service and:	8521

(a) That person held a certified position prior to July 1,	8522
2007, in the classified service within the appointing authority's	8523
agency; or	8524

(b) That person held a permanent position on or after July 1,	8525
2007, in the classified service within the appointing authority's	8526
agency.	8527

(3) An employee forfeits the right to resume a position in	8528
the classified service when:	8529

(a) The employee is removed from the position in the	8530
unclassified service due to incompetence, inefficiency,	8531
dishonesty, drunkenness, immoral conduct, insubordination,	8532
discourteous treatment of the public, neglect of duty, violation	8533
of this chapter or the rules of the director of administrative	8534
services, any other failure of good behavior, any other acts of	8535
misfeasance, malfeasance, or nonfeasance in office, or conviction	8536
of a felony; or	8537

(b) Upon transfer to a different agency.

8538

(4) Reinstatement to a position in the classified service	8539
shall be to a position substantially equal to that position in the	8540
classified service held previously, as certified by the director	8541
of administrative services. If the position the person previously	8542
held in the classified service has been placed in the unclassified	8543
service or is otherwise unavailable, the person shall be appointed	8544
to a position in the classified service within the appointing	8545
authority's agency that the director of administrative services	8546
certifies is comparable in compensation to the position the person	8547
previously held in the classified service. Service in the position	8548
in the unclassified service shall be counted as service in the	8549
position in the classified service held by the person immediately	8550
prior to the person's appointment to the position in the	8551
unclassified service. When a person is reinstated to a position in	8552
the classified service as provided in this division, the person is	8553
entitled to all rights, status, and benefits accruing to the	8554
position in the classified service during the person's time of	8555
service in the position in the unclassified service.	8556

Sec. 124.14. (A)(1) The director of administrative services	8557
shall establish, and may modify or rescind, by rule, a job	8558
classification plan for all positions, offices, and employments	8559
~~the salaries of which are paid in whole or in part by~~in the	8560
service of the state. The director shall group jobs within a	8561
classification so that the positions are similar enough in duties	8562
and responsibilities to be described by the same title, to have	8563
the same pay assigned with equity, and to have the same	8564
qualifications for selection applied. The director shall, by rule,	8565
assign a classification title to each classification within the	8566
classification plan. However, the director shall consider in	8567
establishing classifications, including classifications with	8568
parenthetical titles, and assigning pay ranges such factors as	8569
duties performed only on one shift, special skills in short supply	8570
in the labor market, recruitment problems, separation rates,	8571
comparative salary rates, the amount of training required, and	8572
other conditions affecting employment. The director shall describe	8573
the duties and responsibilities of the class, establish the	8574
qualifications for being employed in each position in the class,	8575
and file with the secretary of state a copy of specifications for	8576
all of the classifications. The director shall file new,	8577
additional, or revised specifications with the secretary of state	8578
before they are used.	8579

The director shall, by rule, assign each classification,	8580
either on a statewide basis or in particular counties or state	8581
institutions, to a pay range established under section 124.15 or	8582
section 124.152 of the Revised Code. The director may assign a	8583
classification to a pay range on a temporary basis for a period of	8584
six months. The director may establish, by rule adopted under	8585
Chapter 119. of the Revised Code, experimental classification	8586
plans for some or all employees paid directly by warrant of the	8587
director of budget and management. The rule shall include	8588
specifications for each classification within the plan and shall	8589
specifically address compensation ranges, and methods for	8590
advancing within the ranges, for the classifications, which may be	8591
assigned to pay ranges other than the pay ranges established under	8592
section 124.15 or 124.152 of the Revised Code.	8593

(2) The director of administrative services may reassign to a	8594
proper classification those positions that have been assigned to	8595
an improper classification. If the compensation of an employee in	8596
such a reassigned position exceeds the maximum rate of pay for the	8597
employee's new classification, the employee shall be placed in pay	8598
step X and shall not receive an increase in compensation until the	8599
maximum rate of pay for that classification exceeds the employee's	8600
compensation.	8601

(3) The director may reassign an exempt employee, as defined	8602
in section 124.152 of the Revised Code, to a bargaining unit	8603
classification if the director determines that the bargaining unit	8604
classification is the proper classification for that employee.	8605
Notwithstanding Chapter 4117. of the Revised Code or instruments	8606
and contracts negotiated under it, these placements are at the	8607
director's discretion.	8608

(4) The director shall, by rule, assign related	8609
classifications, which form a career progression, to a	8610
classification series. The director shall, by rule, assign each	8611
classification in the classification plan a five-digit number, the	8612
first four digits of which shall denote the classification series	8613
to which the classification is assigned. When a career progression	8614
encompasses more than ten classifications, the director shall, by	8615
rule, identify the additional classifications belonging to a	8616
classification series. The additional classifications shall be	8617
part of the classification series, notwithstanding the fact that	8618
the first four digits of the number assigned to the additional	8619
classifications do not correspond to the first four digits of the	8620
numbers assigned to other classifications in the classification	8621
series.	8622

(B) Division (A) of this section and sections 124.15 and	8623
124.152 of the Revised Code do not apply to the following persons,	8624
positions, offices, and employments:	8625

(1) Elected officials;

8626

(2) Legislative employees, employees of the legislative	8627
service commission, employees in the office of the governor,	8628
employees who are in the unclassified civil service and exempt	8629
from collective bargaining coverage in the office of the secretary	8630
of state, auditor of state, treasurer of state, and attorney	8631
general, and employees of the supreme court;	8632

(3) Any position for which the authority to determine	8633
compensation is given by law to another individual or entity;	8634

(4) Employees of the bureau of workers' compensation whose	8635
compensation the administrator of workers' compensation	8636
establishes under division (B) of section 4121.121 of the Revised	8637
Code.	8638

(C) The director may employ a consulting agency to aid and	8639
assist the director in carrying out this section.	8640

(D)(1) When the director proposes to modify a classification	8641
or the assignment of classes to appropriate pay ranges, the	8642
director shall send written notice of the proposed rule to the	8643
appointing authorities of the affected employees thirty days	8644
before a hearing on the proposed rule. The appointing authorities	8645
shall notify the affected employees regarding the proposed rule.	8646
The director also shall send those appointing authorities notice	8647
of any final rule that is adopted within ten days after adoption.	8648

(2) When the director proposes to reclassify any employee in	8649
the service of the state so that the employee is adversely	8650
affected, the director shall give to the employee affected and to	8651
the employee's appointing authority a written notice setting forth	8652
the proposed new classification, pay range, and salary. Upon the	8653
request of any classified employee in the service of the state who	8654
is not serving in a probationary period, the director shall	8655
perform a job audit to review the classification of the employee's	8656
position to determine whether the position is properly classified.	8657
The director shall give to the employee affected and to the	8658
employee's appointing authority a written notice of the director's	8659
determination whether or not to reclassify the position or to	8660
reassign the employee to another classification. An employee or	8661
appointing authority desiring a hearing shall file a written	8662
request for the hearing with the state personnel board of review	8663
within thirty days after receiving the notice. The board shall set	8664
the matter for a hearing and notify the employee and appointing	8665
authority of the time and place of the hearing. The employee, the	8666
appointing authority, or any authorized representative of the	8667
employee who wishes to submit facts for the consideration of the	8668
board shall be afforded reasonable opportunity to do so. After the	8669
hearing, the board shall consider anew the reclassification and	8670
may order the reclassification of the employee and require the	8671
director to assign the employee to such appropriate classification	8672
as the facts and evidence warrant. As provided in division (A)(1)	8673
of section 124.03 of the Revised Code, the board may determine the	8674
most appropriate classification for the position of any employee	8675
coming before the board, with or without a job audit. The board	8676
shall disallow any reclassification or reassignment classification	8677
of any employee when it finds that changes have been made in the	8678
duties and responsibilities of any particular employee for	8679
political, religious, or other unjust reasons.	8680

(E)(1) Employees of each county department of job and family	8681
services shall be paid a salary or wage established by the board	8682
of county commissioners. The provisions of section 124.18 of the	8683
Revised Code concerning the standard work week apply to employees	8684
of county departments of job and family services. A board of	8685
county commissioners may do either of the following:	8686

(a) Notwithstanding any other section of the Revised Code,	8687
supplement the sick leave, vacation leave, personal leave, and	8688
other benefits of any employee of the county department of job and	8689
family services of that county, if the employee is eligible for	8690
the supplement under a written policy providing for the	8691
supplement;	8692

(b) Notwithstanding any other section of the Revised Code,	8693
establish alternative schedules of sick leave, vacation leave,	8694
personal leave, or other benefits for employees not inconsistent	8695
with the provisions of a collective bargaining agreement covering	8696
the affected employees.	8697

(2) Division (E)(1) of this section does not apply to	8698
employees for whom the state employment relations board	8699
establishes appropriate bargaining units pursuant to section	8700
4117.06 of the Revised Code, except in either of the following	8701
situations:	8702

(a) The employees for whom the state employment relations	8703
board establishes appropriate bargaining units elect no	8704
representative in a board-conducted representation election.	8705

(b) After the state employment relations board establishes	8706
appropriate bargaining units for such employees, all employee	8707
organizations withdraw from a representation election.	8708

(F)(1) Notwithstanding any contrary provision of sections	8709
124.01 to 124.64 of the Revised Code, the board of trustees of	8710
each state university or college, as defined in section 3345.12 of	8711
the Revised Code, shall carry out all matters of governance	8712
involving the officers and employees of the university or college,	8713
including, but not limited to, the powers, duties, and functions	8714
of the department of administrative services and the director of	8715
administrative services specified in this chapter. Officers and	8716
employees of a state university or college shall have the right of	8717
appeal to the state personnel board of review as provided in this	8718
chapter.	8719

(2) Each board of trustees shall adopt rules under section	8720
111.15 of the Revised Code to carry out the matters of governance	8721
described in division (F)(1) of this section. Until the board of	8722
trustees adopts those rules, a state university or college shall	8723
continue to operate pursuant to the applicable rules adopted by	8724
the director of administrative services under this chapter.	8725

(G)(1) Each board of county commissioners may, by a	8726
resolution adopted by a majority of its members, establish a	8727
county personnel department to exercise the powers, duties, and	8728
functions specified in division (G) of this section. As used in	8729
division (G) of this section, "county personnel department" means	8730
a county personnel department established by a board of county	8731
commissioners under division (G)(1) of this section.	8732

(2)(a) Each board of county commissioners, by a resolution	8733
adopted by a majority of its members, may designate the county	8734
personnel department of the county to exercise the powers, duties,	8735
and functions specified in sections 124.01 to 124.64 and Chapter	8736
325. of the Revised Code with regard to employees in the service	8737
of the county, except for the powers and duties of the state	8738
personnel board of review, which powers and duties shall not be	8739
construed as having been modified or diminished in any manner by	8740
division (G)(2) of this section, with respect to the employees for	8741
whom the board of county commissioners is the appointing authority	8742
or co-appointing authority.	8743

(b) Nothing in division (G)(2) of this section shall be	8744
construed to limit the right of any employee who possesses the	8745
right of appeal to the state personnel board of review to continue	8746
to possess that right of appeal.	8747

(c) Any board of county commissioners that has established a	8748
county personnel department may contract with the department of	8749
administrative services, in accordance with division (H) of this	8750
section, another political subdivision, or an appropriate public	8751
or private entity to provide competitive testing services or other	8752
appropriate services.	8753

(3) After the county personnel department of a county has	8754
been established as described in division (G)(2) of this section,	8755
any elected official, board, agency, or other appointing authority	8756
of that county, upon written notification to the county personnel	8757
department, may elect to use the services and facilities of the	8758
county personnel department. Upon receipt of the notification by	8759
the county personnel department, the county personnel department	8760
shall exercise the powers, duties, and functions as described in	8761
division (G)(2) of this section with respect to the employees of	8762
that elected official, board, agency, or other appointing	8763
authority.	8764

(4) Each board of county commissioners, by a resolution	8765
adopted by a majority of its members, may disband the county	8766
personnel department.	8767

(5) Any elected official, board, agency, or appointing	8768
authority of a county may end its involvement with a county	8769
personnel department upon actual receipt by the department of a	8770
certified copy of the notification that contains the decision to	8771
no longer participate.	8772

(6) A county personnel department, in carrying out its	8773
duties, shall adhere to merit system principles with regard to	8774
employees of county departments of job and family services, child	8775
support enforcement agencies, and public child welfare agencies so	8776
that there is no threatened loss of federal funding for these	8777
agencies, and the county is financially liable to the state for	8778
any loss of federal funds due to the action or inaction of the	8779
county personnel department.	8780

(H) County agencies may contract with the department of	8781
administrative services for any human resources services,	8782
including, but not limited to, establishment and modification of	8783
job classification plans, competitive testing services, and	8784
periodic audits and reviews of the county's uniform application of	8785
the powers, duties, and functions specified in sections 124.01 to	8786
124.64 and Chapter 325. of the Revised Code with regard to	8787
employees in the service of the county. Nothing in this division	8788
modifies the powers and duties of the state personnel board of	8789
review with respect to employees in the service of the county.	8790
Nothing in this division limits the right of any employee who	8791
possesses the right of appeal to the state personnel board of	8792
review to continue to possess that right of appeal.	8793

(I) The director of administrative services shall establish	8794
the rate and method of compensation for all employees who are paid	8795
directly by warrant of the director of budget and management and	8796
who are serving in positions that the director of administrative	8797
services has determined impracticable to include in the state job	8798
classification plan. This division does not apply to elected	8799
officials, legislative employees, employees of the legislative	8800
service commission, employees who are in the unclassified civil	8801
service and exempt from collective bargaining coverage in the	8802
office of the secretary of state, auditor of state, treasurer of	8803
state, and attorney general, employees of the courts, employees of	8804
the bureau of workers' compensation whose compensation the	8805
administrator of workers' compensation establishes under division	8806
(B) of section 4121.121 of the Revised Code, or employees of an	8807
appointing authority authorized by law to fix the compensation of	8808
those employees.	8809

(J) The director of administrative services shall set the	8810
rate of compensation for all intermittent, seasonal, temporary,	8811
emergency, and casual employees in the service of the state who	8812
are not considered public employees under section 4117.01 of the	8813
Revised Code. Those employees are not entitled to receive employee	8814
benefits. This rate of compensation shall be equitable in terms of	8815
the rate of employees serving in the same or similar	8816
classifications. This division does not apply to elected	8817
officials, legislative employees, employees of the legislative	8818
service commission, employees who are in the unclassified civil	8819
service and exempt from collective bargaining coverage in the	8820
office of the secretary of state, auditor of state, treasurer of	8821
state, and attorney general, employees of the courts, employees of	8822
the bureau of workers' compensation whose compensation the	8823
administrator establishes under division (B) of section 4121.121	8824
of the Revised Code, or employees of an appointing authority	8825
authorized by law to fix the compensation of those employees.	8826

Sec. 124.141. The director of administrative services may	8827
establish, by rule adopted under Chapter 119. of the Revised Code,	8828
an appointment incentive program that allows an appointing	8829
authority to pay to an officer or employee described in division	8830
(A)(30) of section 124.11, division (B)(2) of section 124.14, or	8831
division (B) of section 126.32 of the Revised Code a salary and	8832
benefits package that differs from the salary and benefits	8833
otherwise provided by law for that officer or employee, provided	8834
that the appointment incentive program established by the director	8835
cannot include authority for an appointing authority to provide	8836
health care benefits to a covered officer or employee that are	8837
different from health care benefits otherwise provided by law for	8838
that officer or employee.	8839

Sec. 124.18. (A) Forty hours shall be the standard work week	8840
for all employees whose salary or wage is paid in whole or in part	8841
by the state or by any state-supported college or university. When	8842
any employee whose salary or wage is paid in whole or in part by	8843
the state or by any state-supported college or university is	8844
required by an authorized administrative authority to be in an	8845
active pay status more than forty hours in any calendar week, the	8846
employee shall be compensated for such time over forty hours,	8847
except as otherwise provided in this section, at one and one-half	8848
times the employee's regular rate of pay. The use of sick leave or	8849
any leave used in lieu of sick leave shall not be considered to be	8850
active pay status for the purposes of earning overtime or	8851
compensatory time by employees whose wages are paid directly by	8852
warrant of the director of budget and management. A flexible-hours	8853
employee is not entitled to compensation for overtime work unless	8854
the employee's authorized administrative authority required the	8855
employee to be in active pay status for more than forty hours in a	8856
calendar week, regardless of the number of hours the employee	8857
works on any day in the same calendar week.	8858

Such compensation for overtime work shall be paid no later	8859
than at the conclusion of the next succeeding pay period.	8860

If the employee elects to take compensatory time off in lieu	8861
of overtime pay for any overtime worked, such compensatory time	8862
shall be granted by the employee's administrative superior, on a	8863
time and one-half basis, at a time mutually convenient to the	8864
employee and the administrative superior. Compensatory time is not	8865
available for use until it appears on the employee's earning	8866
statement and the compensation described in the earning statement	8867
is available to the employee.	8868

An employee may accrue compensatory time to a maximum of two	8869
hundred forty hours, except that public safety employees and other	8870
employees who meet the criteria established in the "Federal Fair	8871
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	8872
as amended, may accrue a maximum of four hundred eighty hours of	8873
compensatory time. An employee shall be paid at the employee's	8874
regular rate of pay for any hours of compensatory time accrued in	8875
excess of these maximum amounts if the employee has not used the	8876
compensatory time within three hundred sixty-five days after it is	8877
granted, if the employee transfers to another agency of the state,	8878
or if a change in the employee's status exempts the employee from	8879
the payment of overtime compensation. Upon the termination of	8880
employment, any employee with accrued but unused compensatory time	8881
shall be paid for that time at a rate that is the greater of the	8882
employee's final regular rate of pay or the employee's average	8883
regular rate of pay during the employee's last three years of	8884
employment with the state.	8885

No overtime, as described in this section, can be paid unless	8886
it has been authorized by the authorized administrative authority.	8887
Employees may be exempted from the payment of compensation as	8888
required by this section only under the criteria for exemption	8889
from the payment of overtime compensation established in the	8890
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	8891
U.S.C.A. 207, 213, as amended. With the approval of the director	8892
of administrative services, the appointing authority may establish	8893
a policy to grant compensatory time or to pay compensation to	8894
~~state~~ employees in the service of the state who are exempt from	8895
overtime compensation. With the approval of the board of county	8896
commissioners, a county human services department may establish a	8897
policy to grant compensatory time or to pay compensation to	8898
employees of the department who are exempt from overtime	8899
compensation.	8900

(B)(1) An employee, whose salary or wage is paid in whole or	8901
in part by the state, shall be paid for the holidays declared in	8902
section 124.19 of the Revised Code and shall not be required to	8903
work on those holidays, unless, in the opinion of the employee's	8904
responsible administrative authority, failure to work on those	8905
holidays would impair the public service.	8906

(2) An employee paid directly by warrant of the director of	8907
budget and management who is scheduled to work on the first day of	8908
January, the commemoration of memorial day, the fourth day of	8909
July, the fourth Thursday in November, or the twenty-fifth day of	8910
December and who does not report to work the day before, the day	8911
of, or the day after the holiday due to an illness of the employee	8912
or of a member of the employee's immediate family shall not	8913
receive holiday pay as provided by this division, unless the	8914
employee can provide documentation of extenuating circumstances	8915
that prohibited the employee from so reporting to work. If the	8916
employee works a shift between the employee's scheduled shift and	8917
the holiday, the employee shall be paid for the holiday.	8918

(3) An employee also shall not be paid for a holiday unless	8919
the employee was in active pay status on the scheduled work day	8920
immediately preceding the holiday, except that an employee need	8921
not be in active pay status on that work day in order to be paid	8922
for the holiday if the employee is participating in a mandatory or	8923
voluntary cost savings day under section 124.392 of the Revised	8924
Code.	8925

(4) If any of the holidays declared in section 124.19 of the	8926
Revised Code falls on Saturday, the Friday immediately preceding	8927
shall be observed as the holiday. If any of the holidays declared	8928
in section 124.19 of the Revised Code falls on Sunday, the Monday	8929
immediately succeeding shall be observed as the holiday. Employees	8930
whose work schedules are based on the requirements of a	8931
seven-days-a-week work operation shall observe holidays on the	8932
actual days specified in section 124.19 of the Revised Code.	8933

(5) If an employee's work schedule is other than Monday	8934
through Friday, the employee shall be entitled to eight hours of	8935
holiday pay for holidays observed on the employee's day off	8936
regardless of the day of the week on which they are observed.	8937

(6) A full-time permanent employee is entitled to a minimum	8938
of eight hours of pay for each holiday regardless of the	8939
employee's work shift and work schedule. A flexible-hours	8940
employee, who is normally scheduled to work in excess of eight	8941
hours on a day on which a holiday falls, either shall be required	8942
to work an alternate schedule for that week or shall receive	8943
additional holiday pay for the hours the employee is normally	8944
scheduled to work. Such an alternate schedule may require a	8945
flexible-hours employee to work five shifts consisting of eight	8946
hours each during the week including the holiday, and, in that	8947
case, the employee shall receive eight hours of holiday pay for	8948
the day the holiday is observed.	8949

(7) Except as provided under section 124.392 of the Revised	8950
Code, part-time permanent employees shall receive four hours of	8951
holiday pay regardless of the employee's work shift and work	8952
schedule.	8953

(8) When an employee who is eligible for overtime pay under	8954
this section is required by the employee's responsible	8955
administrative authority to work on the day observed as a holiday,	8956
the employee shall be entitled to pay for such time worked at one	8957
and one-half times the employee's regular rate of pay in addition	8958
to the employee's regular pay, or to be granted compensatory time	8959
off at time and one-half thereafter, at the employee's option.	8960
Payment at such rate shall be excluded in the calculation of hours	8961
in active pay status.	8962

(C) Each appointing authority may designate the number of	8963
employees in an agency who are flexible-hours employees. The	8964
appointing authority may establish for each flexible-hours	8965
employee a specified minimum number of hours to be worked each day	8966
that is consistent with the "Federal Fair Labor Standards Act of	8967
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	8968

(D) This section shall be uniformly administered for	8969
employees as defined in section 124.01 of the Revised Code and by	8970
the personnel departments of state-supported colleges and	8971
universities for employees of state-supported colleges and	8972
universities. If employees are not paid directly by warrant of the	8973
director of budget and management, the political subdivision shall	8974
determine whether the use of sick leave shall be considered to be	8975
active pay status for purposes of those employees earning overtime	8976
or compensatory time.	8977

(E) Policies relating to the payment of overtime pay or the	8978
granting of compensatory time off shall be adopted by the chief	8979
administrative officer of the house of representatives for	8980
employees of the house of representatives, by the clerk of the	8981
senate for employees of the senate, and by the director of the	8982
legislative service commission for all other legislative	8983
employees.	8984

(F) As used in this section, "regular rate of pay" means the	8985
base rate of pay an employee receives plus any pay supplements	8986
received pursuant to section 124.181 of the Revised Code.	8987

Sec. 124.30. (A) Classified positions in the civil service	8988
may be filled without competition as follows:	8989

(1) Whenever there are urgent reasons for filling a vacancy	8990
in any position in the classified civil service and the director	8991
of administrative services is unable to certify to the appointing	8992
authority, upon its request, a list of persons eligible for	8993
appointment to the position after a competitive examination, the	8994
appointing authority may fill the position by noncompetitive	8995
examination.	8996

A temporary appointment may be made without regard to the	8997
rules of sections 124.01 to 124.64 of the Revised Code. Except as	8998
otherwise provided in this division, the temporary appointment may	8999
not continue longer than one hundred twenty days, and in no case	9000
shall successive temporary appointments be made. A temporary	9001
appointment longer than one hundred twenty days may be made if	9002
necessary by reason of sickness, disability, or other approved	9003
leave of absence of regular officers or employees, in which case	9004
it may continue during the period of sickness, disability, or	9005
other approved leave of absence, subject to the rules of the	9006
director.	9007

(2) In case of a vacancy in a position in the classified	9008
civil service where peculiar and exceptional qualifications of a	9009
scientific, managerial, professional, or educational character are	9010
required, and upon satisfactory evidence that for specified	9011
reasons competition in this special case is impracticable and that	9012
the position can best be filled by a selection of some designated	9013
person of high and recognized attainments in those qualities, the	9014
director may suspend the provisions of sections 124.01 to 124.64	9015
of the Revised Code that require competition in this special case,	9016
but no suspension shall be general in its application. All such	9017
cases of suspension shall be reported in the annual report of the	9018
director with the reasons for each suspension. The director shall	9019
suspend the provisions when ~~the~~either of the following applies:	9020

(a) The director of job and family services provides the	9021
certification under section 5101.051 of the Revised Code that a	9022
position with the department of job and family services can best	9023
be filled if the provisions are suspended;	9024

(b) The medicaid director provides the certification under	9025
section 5160.051 of the Revised Code that a position with the	9026
department of medicaid can best be filled if the provisions are	9027
suspended.	9028

(3) The acceptance or refusal by an eligible person of a	9029
temporary appointment shall not affect the person's standing on	9030
the eligible list for permanent appointment, nor shall the period	9031
of temporary service be counted as a part of the probationary	9032
service in case of subsequent appointment to a permanent position.	9033

(B) Persons who receive temporary or intermittent	9034
appointments are in the unclassified civil service and serve at	9035
the pleasure of their appointing authority.	9036

Sec. 124.341. (A) If an employee in the classified or	9037
unclassified civil service becomes aware in the course of	9038
employment of a violation of state or federal statutes, rules, or	9039
regulations or the misuse of public resources, and the employee's	9040
supervisor or appointing authority has authority to correct the	9041
violation or misuse, the employee may file a written report	9042
identifying the violation or misuse with the supervisor or	9043
appointing authority. In addition to or instead of filing a	9044
written report with the supervisor or appointing authority, the	9045
employee may file a written report with the office of internal	9046
~~auditing~~audit created under section 126.45 of the Revised Code or	9047
file a complaint with the auditor of state's fraud-reporting	9048
system under section 117.103 of the Revised Code.	9049

If the employee reasonably believes that a violation or	9050
misuse of public resources is a criminal offense, the employee, in	9051
addition to or instead of filing a written report or complaint	9052
with the supervisor, appointing authority, the office of internal	9053
~~auditing~~audit, or the auditor of state's fraud-reporting system,	9054
may report it to a prosecuting attorney, director of law, village	9055
solicitor, or similar chief legal officer of a municipal	9056
corporation, to a peace officer, as defined in section 2935.01 of	9057
the Revised Code, or, if the violation or misuse of public	9058
resources is within the jurisdiction of the inspector general, to	9059
the inspector general in accordance with section 121.46 of the	9060
Revised Code. In addition to that report, if the employee	9061
reasonably believes the violation or misuse is also a violation of	9062
Chapter 102., section 2921.42, or section 2921.43 of the Revised	9063
Code, the employee may report it to the appropriate ethics	9064
commission.	9065

(B) Except as otherwise provided in division (C) of this	9066
section, no officer or employee in the classified or unclassified	9067
civil service shall take any disciplinary action against an	9068
employee in the classified or unclassified civil service for	9069
making any report or filing a complaint as authorized by division	9070
(A) of this section, including, without limitation, doing any of	9071
the following:	9072

(1) Removing or suspending the employee from employment;

9073

(2) Withholding from the employee salary increases or	9074
employee benefits to which the employee is otherwise entitled;	9075

(3) Transferring or reassigning the employee;

9076

(4) Denying the employee promotion that otherwise would have	9077
been received;	9078

(5) Reducing the employee in pay or position.

9079

(C) An employee in the classified or unclassified civil	9080
service shall make a reasonable effort to determine the accuracy	9081
of any information reported under division (A) of this section.	9082
The employee is subject to disciplinary action, including	9083
suspension or removal, as determined by the employee's appointing	9084
authority, for purposely, knowingly, or recklessly reporting false	9085
information under division (A) of this section.	9086

(D) If an appointing authority takes any disciplinary or	9087
retaliatory action against a classified or unclassified employee	9088
as a result of the employee's having filed a report or complaint	9089
under division (A) of this section, the employee's sole and	9090
exclusive remedy, notwithstanding any other provision of law, is	9091
to file an appeal with the state personnel board of review within	9092
thirty days after receiving actual notice of the appointing	9093
authority's action. If the employee files such an appeal, the	9094
board shall immediately notify the employee's appointing authority	9095
and shall hear the appeal. The board may affirm or disaffirm the	9096
action of the appointing authority or may issue any other order as	9097
is appropriate. The order of the board is appealable in accordance	9098
with Chapter 119. of the Revised Code.	9099

(E) As used in this section:

9100

(1) "Purposely," "knowingly," and "recklessly" have the same	9101
meanings as in section 2901.22 of the Revised Code.	9102

(2) "Appropriate ethics commission" has the same meaning as	9103
in section 102.01 of the Revised Code.	9104

(3) "Inspector general" means the inspector general appointed	9105
under section 121.48 of the Revised Code.	9106

Sec. 124.381. (A)(1)(a) An employee in the service of the	9107
state may be eligible to receive salary continuation not to exceed	9108
four hundred eighty hours at the employee's total rate of pay for	9109
absence as a result of injury incurred during the performance of,	9110
or arising out of, state employment. When an eligible employee's	9111
absence as a result of such an injury extends beyond four hundred	9112
eighty hours, the employee immediately becomes subject to sections	9113
124.382 and 124.385 of the Revised Code regarding sick leave and	9114
disability leave benefits.	9115

An employee is ineligible to receive salary continuation	9116
until the date of implementation is established in the rules	9117
adopted under division (C)(1) of this section.	9118

(b) Employees of the secretary of state, auditor of state,	9119
treasurer of state, attorney general, supreme court, general	9120
assembly, or legislative service commission are not subject to	9121
division (A)(1)(a) of this section unless the relevant appointing	9122
authority notifies the director of administrative services in	9123
writing of the intent to have all of the appointing authority's	9124
employees participate in salary continuation. The relevant	9125
appointing authority also may discontinue salary continuation for	9126
all of its employees by providing written notice of the	9127
discontinuation to the director.	9128

Participation in salary continuation is subject to rules	9129
adopted under division (C)(1) of this section.	9130

(2) Each employee of the department of rehabilitation and	9131
correction, the department of ~~mental health~~mental health and	9132
addiction services, the department of developmental disabilities,	9133
the department of veterans services, or the Ohio schools for the	9134
deaf and blind, and each employee of the department of youth	9135
services as established in division (A) of section 124.14 of the	9136
Revised Code who sustains a qualifying physical condition	9137
inflicted by a ward of these agencies during the time the employee	9138
is lawfully carrying out the assigned duties of the employee's	9139
position shall be paid occupational injury leave at the employee's	9140
total rate of pay during the period the employee is disabled as a	9141
result of that qualifying physical condition, but in no case to	9142
exceed nine hundred sixty hours, in lieu of workers' compensation.	9143
Pay made according to this division shall not be charged to the	9144
employee's accumulation of sick leave credit. In any case when an	9145
employee's disability as a result of such a qualifying physical	9146
condition extends beyond nine hundred sixty hours, the employee	9147
immediately becomes subject to sections 124.382 and 124.385 of the	9148
Revised Code regarding sick leave and disability leave benefits.	9149

(B) An employee who is receiving salary continuation or	9150
occupational injury leave under division (A)(1) or (2) of this	9151
section is not eligible for other paid leave, including holiday	9152
pay, while receiving benefits under either division. While an	9153
employee is receiving salary continuation or occupational injury	9154
leave under division (A)(1) or (2) of this section, vacation leave	9155
credit ceases to accrue to the employee under section 124.134 of	9156
the Revised Code, but sick leave credit and personal leave credit	9157
continue to accrue to the employee under sections 124.382 and	9158
124.386 of the Revised Code.	9159

(C)(1) The director of administrative services shall adopt	9160
rules for the administration of both the salary continuation	9161
program and the occupational injury leave program. The rules shall	9162
include, but not be limited to, provisions for determining a	9163
disability, for filing a claim for leave under this section, and	9164
for allowing or denying claims for the leave.	9165

(2) The director also may adopt rules for the payment of	9166
health benefits while an employee is on workers' compensation	9167
leave.	9168

(D) An appointing authority may apply to the director of	9169
administrative services to grant salary continuation under	9170
division (A)(1) of this section or occupational injury leave under	9171
division (A)(2) of this section to law enforcement personnel	9172
employed by the agency.	9173

Sec. 124.57. (A) No officer or employee in the classified	9174
service of the state, the several counties, cities, and city	9175
school districts of the state, or the civil service townships of	9176
the state shall directly or indirectly, orally or by letter,	9177
solicit or receive, or be in any manner concerned in soliciting or	9178
receiving, any assessment, subscription, or contribution for any	9179
political party or for any candidate for public office; nor shall	9180
any person solicit directly or indirectly, orally or by letter, or	9181
be in any manner concerned in soliciting, any such assessment,	9182
contribution, or payment from any officer or employee in the	9183
classified service of the state, the several counties, cities, or	9184
city school districts of the state, or the civil service townships	9185
of the state; nor shall any officer or employee in the classified	9186
service of the state, the several counties, cities, and city	9187
school districts of the state, or the civil service townships of	9188
the state be an officer in any political organization or take part	9189
in politics other than to vote as the officer or employee pleases	9190
and to express freely political opinions.	9191

(B)(1) Nothing in division (A) of this section prohibits an	9192
officer or employee described in that division from serving as a	9193
precinct election official under section 3501.22 of the Revised	9194
Code.	9195

(2) Nothing in division (A) of this section prohibits an	9196
employee of ~~the Ohio cooperative~~OSU extension ~~service~~ whose	9197
position is transferred from the unclassified civil service to the	9198
classified civil service and who also holds the office of	9199
president of a city legislative authority from completing the	9200
existing term of office as president.	9201

Sec. 125.05. Except as provided in division (F) of this	9202
section, no state agency shall purchase any supplies or services	9203
except as provided in divisions (A) to (D) of this section.	9204

(A) Subject to division (E) of this section, a state agency	9205
may, without competitive selection, make any purchase of supplies	9206
or services that cost twenty-five thousand dollars or less. The	9207
agency may make the purchase directly or may make the purchase	9208
from or through the department of administrative services,	9209
whichever the agency determines. The agency shall adopt written	9210
procedures consistent with the department's purchasing procedures	9211
and shall use those procedures when making purchases under this	9212
division.	9213

(B) Subject to division (E) of this section and in accordance	9214
with section 125.051 of the Revised Code, a state agency may make	9215
purchases of supplies and services that cost more than twenty-five	9216
thousand dollars but less than fifty thousand dollars if the	9217
purchases are made under the direction of an employee of the	9218
agency who is certified by the department to make purchases and if	9219
the purchases comply with the department's purchasing procedures.	9220
Section 127.16 of the Revised Code does not apply to purchases	9221
made under this division. Until the certification effective date	9222
established by the department in rules adopted under section	9223
125.051 of the Revised Code, state agencies may make purchases of	9224
supplies and services that cost more than twenty-five thousand	9225
dollars but less than fifty thousand dollars in the same manner as	9226
provided in division (A) of this section.	9227

(C) Subject to division (E) of this section, a state agency	9228
wanting to purchase supplies or services that cost more than	9229
twenty-five thousand dollars shall, unless otherwise authorized by	9230
law, make the purchase from or through the department. The	9231
department shall make the purchase by competitive selection. If	9232
the director of administrative services determines that it is not	9233
possible or not advantageous to the state for the department to	9234
make the purchase, the department shall grant the agency a release	9235
and permit under section 125.06 of the Revised Code to make the	9236
purchase. Section 127.16 of the Revised Code does not apply to	9237
purchases the department makes under this section.	9238

(D) An agency that has been granted a release and permit to	9239
make a purchase may make the purchase without competitive	9240
selection if after making the purchase the cumulative purchase	9241
threshold as computed under division (E) of section 127.16 of the	9242
Revised Code would:	9243

(1) Be exceeded and the controlling board approves the	9244
purchase;	9245

(2) Not be exceeded and the department of administrative	9246
services approves the purchase.	9247

(E) Not later than the thirty-first day of January of each	9248
even-numbered year, the directors of administrative services and	9249
budget and management shall review and recommend to the general	9250
assembly, if necessary, adjustments to the amounts specified in	9251
divisions (A) to (C) of this section and division (B) of section	9252
127.16 of the Revised Code.	9253

(F) If ~~the eTech Ohio commission,~~ the department of	9254
education, or the Ohio education computer network determines that	9255
it can purchase software services or supplies for specified school	9256
districts at a price less than the price for which the districts	9257
could purchase the same software services or supplies for	9258
themselves, the ~~commission,~~ department, or network shall certify	9259
that fact to the department of administrative services and, acting	9260
as an agent for the specified school districts, shall make that	9261
purchase without following the provisions in divisions (A) to (D)	9262
of this section.	9263

Sec. 125.21. The director of administrative services shall	9264
process payroll information for the purpose of payment for	9265
personal services of state officials and employees on the basis of	9266
rates of pay determined by pertinent law, the director, or other	9267
competent authority.	9268

Calculation of payrolls may be made after the conclusion of	9269
each pay period based upon the amount of time served as certified	9270
by the appropriate appointing authority. Payment for personal	9271
service rendered by an official or employee during any pay period	9272
shall be made no later than at the conclusion of the official's or	9273
employee's next succeeding pay period.	9274

The director of administrative services shall furnish to the	9275
director of budget and management all necessary data for drawing	9276
state official and employee pay warrants and preparing earning	9277
statements. These data shall include the rate at which paid; the	9278
time for which paid, including overtime and any other adjustments	9279
affecting the official's or employee's gross pay; all taxes	9280
withheld, including, whenever practicable, year-to-date figures on	9281
all taxes withheld; the amount of contribution to the appropriate	9282
retirement system; any voluntary deductions made in accordance	9283
with authorizations filed by the official or employee; and whether	9284
a direct deposit is to be made in accordance with an authorization	9285
filed by the official or employee.	9286

Amounts deducted from the salaries or wages of all officials	9287
and employees shall be transferred to the payroll ~~withholding~~	9288
deduction fund, which is hereby created in the state treasury for	9289
the purpose of consolidating all such deductions made in any	9290
month. Payments from this fund shall be made at intervals for the	9291
intended purpose of the deduction or for refund where it is	9292
determined that deductions were made in error.	9293

Sec. 125.212. The life insurance investment fund is hereby	9294
created in the state treasury. The fund shall consist of amounts	9295
from ~~the payroll withholding fund created by section 125.21 of~~	9296
~~the Revised Code~~state agencies, life insurance premium refunds	9297
received by the state, and other receipts related to the state's	9298
life insurance benefit program. The fund shall be used to pay the	9299
costs of the state's life insurance benefit program. All	9300
investment earnings of the life insurance investment fund shall be	9301
credited to the fund.	9302

Sec. 125.27. (A) There is hereby created in the state	9303
treasury the building improvement fund. The fund shall retain the	9304
interest earned.	9305

(B) The fund shall consist of any payments made by intrastate	9306
transfer voucher from the appropriation item for office building	9307
operating payments.	9308

(C) The fund shall be used for major maintenance or	9309
improvements required in the James A. Rhodes or Frank J. Lausche	9310
state office tower, Toledo government center, Senator Oliver R.	9311
Ocasek government office building, and Vern Riffe center for	9312
government and the arts.	9313

Sec. 125.28. (A)(1) Each state agency that is supported in	9314
whole or in part by nongeneral revenue fund money and that	9315
occupies space in the James A. Rhodes or Frank J. Lausche state	9316
office tower, Toledo government center, Senator Oliver R. Ocasek	9317
government office building, Vern Riffe center for government and	9318
the arts, capitol square, or governor's mansion shall reimburse	9319
the general revenue fund for the cost of occupying the space in	9320
the ratio that the occupied space in each facility attributable to	9321
the nongeneral revenue fund money bears to the total space	9322
occupied by the state agency in the facility.	9323

(2) All agencies that occupy space in the old blind school or	9324
that occupy warehouse space in the general services facility shall	9325
reimburse the department of administrative services for the cost	9326
of occupying the space. The director of administrative services	9327
shall determine the amount of debt service, if any, to be charged	9328
to building tenants and shall collect reimbursements for it.	9329

(3) Each agency that is supported in whole or in part by	9330
nongeneral revenue fund money and that occupies space in any other	9331
facility or facilities owned and maintained by the department of	9332
administrative services or space in the general services facility	9333
other than warehouse space shall reimburse the department for the	9334
cost of occupying the space, including debt service, if any, in	9335
the ratio that the occupied space in each facility attributable to	9336
the nongeneral revenue fund money bears to the total space	9337
occupied by the state agency in the facility.	9338

(B) The director of administrative services may provide	9339
building maintenance services and ~~skilled trades~~minor	9340
construction project management services to any state agency	9341
~~occupying space in a facility that is not owned by the department~~	9342
~~of administrative services~~ and may collect reimbursements for the	9343
cost of providing those services.	9344

(C) All money collected by the department of administrative	9345
services for operating expenses of facilities owned or maintained	9346
by the department shall be deposited into the state treasury to	9347
the credit of the building management fund, which is hereby	9348
created, or to the credit of the building operation fund, which is	9349
hereby created. All money collected by the department for ~~skilled~~	9350
~~trades~~minor construction project management services shall be	9351
deposited into the state treasury to the credit of the ~~skilled~~	9352
~~trades~~minor construction project management fund, which is hereby	9353
created. All money collected for debt service shall be deposited	9354
into the general revenue fund.	9355

(D) The director of administrative services shall determine	9356
the reimbursable cost of space in state-owned or state-leased	9357
facilities and shall collect reimbursements for that cost.	9358

Sec. 125.602. (A) The department of developmental	9359
disabilities, the department of ~~mental health~~mental health and	9360
addiction services, the department of job and family services, the	9361
rehabilitation services commission, and any other state or	9362
governmental agency or community rehabilitation program	9363
responsible for the provision of rehabilitation and vocational	9364
educational services to persons with work-limiting disabilities	9365
may, through written agreement, cooperate in providing resources	9366
to the department of administrative services for the operation of	9367
the office of procurement from community rehabilitation programs.	9368
These resources may include, but are not limited to, leadership	9369
and assistance in dealing with the societal aspects of meeting the	9370
needs of persons with work-limiting disabilities.	9371

(B) The office and all governmental entities that administer	9372
socioeconomic programs may enter into contractual agreements,	9373
cooperative working relationships, or other arrangements that are	9374
necessary for effective coordination and realization of the	9375
objectives of these entities.	9376

Sec. 125.603. (A) The office of procurement from community	9377
rehabilitation programs shall do the following in addition to	9378
other duties specified in sections 125.60 to 125.6012 of the	9379
Revised Code:	9380

(1) Establish, maintain, and periodically update a	9381
procurement list of approved supplies and services available from	9382
qualified nonprofit agencies;	9383

(2) Monitor the procurement practices of government ordering	9384
offices to ensure compliance with sections 125.60 to 125.6012 of	9385
the Revised Code;	9386

(3) In cooperation with qualified nonprofit agencies,	9387
government ordering offices, the department of developmental	9388
disabilities, the department of ~~mental health~~mental health and	9389
addiction services, the department of job and family services, and	9390
the rehabilitation services commission, develop and recommend to	9391
the director of administrative services rules the director shall	9392
adopt in accordance with Chapter 119. of the Revised Code for the	9393
effective and efficient administration of sections 125.60 to	9394
125.6012 of the Revised Code;	9395

(4) Prepare a report of its activities by the last day of	9396
December of each year. The report shall be posted electronically	9397
on the office's web site.	9398

(B) The office of procurement from community rehabilitation	9399
programs may enter into contractual agreements and establish pilot	9400
programs to further the objectives of sections 125.60 to 125.6012	9401
of the Revised Code.	9402

Sec. 125.832. (A) The department of administrative services	9403
is granted exclusive authority over the acquisition and management	9404
of all motor vehicles used by state agencies. In carrying out this	9405
authority, the department shall do both of the following:	9406

(1) Approve the purchase or lease of each motor vehicle for	9407
use by a state agency. The department shall decide if a motor	9408
vehicle shall be leased or purchased for that use.	9409

Except as otherwise provided in division (A)(1) of this	9410
section, on and after July 1, 2005, each state agency shall	9411
acquire all passenger motor vehicles under the department's master	9412
leasing program. If the department determines that acquisition	9413
under that program is not the most economical method and if the	9414
department and the state agency acquiring the passenger motor	9415
vehicle can provide economic justification for doing so, the	9416
department may approve the purchase, rather than the lease, of a	9417
passenger motor vehicle for the acquiring state agency.	9418

(2) Direct and approve all funds that are expended for the	9419
purchase, lease, repair, maintenance, registration, insuring, and	9420
other costs related to the possession and operation of motor	9421
vehicles for the use of state agencies.	9422

(B) The director of administrative services shall establish	9423
and operate a fleet management program. The director shall operate	9424
the program for purposes including, but not limited to,	9425
cost-effective acquisition, maintenance, management, analysis, and	9426
disposal of all motor vehicles owned or leased by the state. All	9427
state agencies shall comply with statewide fleet management	9428
policies and procedures established by the director for the	9429
program, including, but not limited to, motor vehicle assignments,	9430
additions of motor vehicles to fleets or motor vehicle	9431
replacements, motor vehicle fueling, and motor vehicle repairs.	9432

(C) The director shall establish and maintain a fleet	9433
reporting system and shall require state agencies to submit to the	9434
department information relative to state motor vehicles, including	9435
motor vehicles described in division (G)(2) of section 125.831 of	9436
the Revised Code, to be used in operating the fleet management	9437
program. State agencies shall provide to the department fleet data	9438
and other information, including, but not limited to, mileage and	9439
costs. The data and other information shall be submitted in	9440
formats and in a manner determined by the department.	9441

(D) All state agency purchases or leases of motor vehicles	9442
are subject to the prior approval of the director under division	9443
(A)(1) of this section.	9444

(E) State agencies that utilize state motor vehicles or pay	9445
mileage reimbursements to employees shall provide a fleet plan to	9446
the department as directed by the department.	9447

(F)(1) The fleets of state agencies that consist of one	9448
hundred or less vehicles on July 1, 2004, shall be managed by the	9449
department's fleet management program on a time schedule	9450
determined by the department, unless the state agency has received	9451
delegated authority as described in division (G) of this section.	9452

(2) The fleets of state agencies that consist of greater than	9453
one hundred motor vehicles, but less than five hundred motor	9454
vehicles, on July 1, 2005, also shall be managed by the	9455
department's fleet management program on a time schedule	9456
determined by the department, unless the state agency has received	9457
delegated authority as described in division (G) of this section.	9458

(G)(1) The department may delegate any or all of its duties	9459
regarding fleet management to a state agency, if the state agency	9460
demonstrates to the satisfaction of the department both of the	9461
following:	9462

(a) Capabilities to institute and manage a fleet management	9463
program, including, but not limited to, the presence of a	9464
certified fleet manager;	9465

(b) Fleet management performance, as demonstrated by fleet	9466
data and other information submitted pursuant to annual reporting	9467
requirements and any other criteria the department considers	9468
necessary in evaluating the performance.	9469

(2) The department may determine that a state agency is not	9470
in compliance with this section and direct that the agency's fleet	9471
management duties be transferred to the department.	9472

(H) The proceeds derived from the disposition of any motor	9473
vehicles under this section shall be paid to whichever of the	9474
following applies:	9475

(1) The fund that originally provided moneys for the purchase	9476
or lease of the motor vehicles;	9477

(2) If the motor vehicles were originally purchased with	9478
moneys derived from the general revenue fund, the proceeds shall	9479
be deposited, in the director's discretion, into the state	9480
treasury to the credit of either the fleet management fund created	9481
by section 125.83 of the Revised Code or the investment recovery	9482
fund created by section 125.14 of the Revised Code.	9483

(I)(1) The department shall create and maintain a certified	9484
fleet manager program.	9485

(2) State agencies that have received delegated authority as	9486
described in division (G) of this section shall have a certified	9487
fleet manager.	9488

(J) The department annually shall prepare and submit a	9489
statewide fleet report to the governor, the speaker of the house	9490
of representatives, and the president of the senate. The report	9491
shall be submitted not later than the thirty-first day of January	9492
following the end of each fiscal year. It may include, but is not	9493
limited to, the numbers and types of motor vehicles, their	9494
mileage, miles per gallon, and cost per mile, mileage	9495
reimbursements, accident and insurance data, and information	9496
regarding compliance by state agencies having delegated authority	9497
under division (G) of this section with applicable fleet	9498
management requirements.	9499

(K) The director shall adopt rules for implementing the fleet	9500
management program that are consistent with recognized best	9501
practices. The program shall be supported by reasonable fee	9502
charges for the services provided. The director shall collect	9503
these fees and deposit them into the state treasury to the credit	9504
for the fleet management fund created by section 125.83 of the	9505
Revised Code. The setting and collection of fees under this	9506
division is not subject to any restriction imposed by law upon the	9507
director's or the department's authority to set or collect fees.	9508

(L) The director also shall adopt rules that prohibit, except	9509
in very limited circumstances, the exclusive assignment of	9510
state-owned, leased, or pooled motor vehicles to state employees	9511
and that prohibit the reimbursement under section 126.31 of the	9512
Revised Code of state employees who use their own motor vehicles	9513
for any mileage they incur above an amount that the department	9514
shall determine annually unless reimbursement for the excess	9515
mileage is approved by the department in accordance with standards	9516
for that approval the director shall establish in those rules.	9517
Beginning on September 26, 2003, no state-owned, leased, or pooled	9518
motor vehicle shall be personally assigned as any form of	9519
compensation or benefit of state employment, and no state-owned,	9520
leased, or pooled motor vehicle shall be assigned to an employee	9521
solely for commuting to and from home and work.	9522

(M) The director shall do both of the following:

9523

(1) Implement to the greatest extent possible the	9524
recommendations from the 2002 report entitled "Administrative	9525
Analysis of the Ohio Fleet Management Program" in connection with	9526
the authority granted to the department by this section;	9527

(2) Attempt to reduce the number of passenger vehicles used	9528
by state agencies during the fiscal years ending on June 30, 2004,	9529
and June 30, 2005.	9530

(N) Each state agency shall reimburse the department for all	9531
costs incurred in the assignment of motor vehicles to the state	9532
agency.	9533

(O) The director shall do all of the following in managing	9534
the fleet management program:	9535

(1) Determine how motor vehicles will be maintained, insured,	9536
operated, financed, and licensed;	9537

(2) Pursuant to the formula in division (O)(3) of this	9538
section, annually establish the minimum number of business miles	9539
per year an employee of a state agency must drive in order to	9540
qualify for approval by the department to receive a motor vehicle	9541
for business use;	9542

(3) Establish the minimum number of business miles per year	9543
at an amount that results when the annual motor vehicle cost is	9544
divided by the amount that is the reimbursement rate per mile	9545
minus the amount that is the sum of the fuel cost, the operating	9546
cost, and the insurance cost. As used in this division:	9547

(a) "Annual motor vehicle cost" means the price of a motor	9548
vehicle divided by the number of years an average motor vehicle is	9549
used.	9550

(b) "Fuel cost" means the average price per gallon of motor	9551
fuel divided by the miles per gallon fuel efficiency of a motor	9552
vehicle.	9553

(c) "Insurance cost" means the cost of insuring a motor	9554
vehicle per year divided by the number of miles an average motor	9555
vehicle is driven per year.	9556

(d) "Operating cost" means the maintenance cost of a motor	9557
vehicle per year divided by the product resulting when the number	9558
of miles an average motor vehicle is driven per year is multiplied	9559
by the number of years an average motor vehicle is used.	9560

(e) "Reimbursement rate per mile" means the reimbursement per	9561
mile rate for travel expenses as provided by rule of the director	9562
of budget and management adopted under division (B) of section	9563
126.31 of the Revised Code.	9564

~~(P)(1) Not later than the fifteenth day of September of each~~	9565
~~year, each state institution of higher education shall report to~~	9566
~~the department on all of the following topics relating to motor~~	9567
~~vehicles that the institution acquires and manages:~~	9568

~~(a) The methods it uses to track the motor vehicles;~~

9569

~~(b) Whether or not it uses a fuel card program to purchase~~	9570
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	9571

~~(c) Whether or not it makes bulk purchases of fuel for the~~	9572
~~motor vehicles.~~	9573

~~(2) Assuming it does not use the fleet management tracking,~~	9574
~~fuel card program, and bulk fuel purchases tools and services that~~	9575
~~the department provides, the report of a state institution of~~	9576
~~higher education required by division (P)(1) of this section also~~	9577
~~shall include both of the following:~~	9578

~~(a) An analysis of the amount the institution would save, if~~	9579
~~any, if it were to use the fleet management tracking, fuel card~~	9580
~~program, and bulk fuel purchases tools and services that the~~	9581
~~department provides instead of the fleet management system the~~	9582
~~institution regularly uses;~~	9583

~~(b) A rationale for either continuing with the fleet~~	9584
~~management system that the institution regularly uses or changing~~	9585
~~to the use of those tools and services that the department~~	9586
~~provides.~~	9587

~~(3) The department shall certify within ninety days after~~	9588
~~receipt of all reports under division (P)(1) of this section a~~	9589
~~list of those state institutions of higher education that the~~	9590
~~department determines would save amounts if they were to use the~~	9591
~~fleet management tracking, fuel card program, and bulk fuel~~	9592
~~purchases tools and services that the department provides. The~~	9593
~~institutions so certified then shall use those tools and services~~	9594
~~that the department provides until the department next certifies~~	9595
~~institutions under division (P)(3) of this section.~~	9596

Sec. 125.836. (A) As used in this section:

9597

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	9598
the same meanings as in section 125.831 of the Revised Code.	9599

(2) ~~"Credit" means a credit generated by the acquisition of~~	9600
~~alternative fueled vehicles in accordance with the "Energy Policy~~	9601
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	9602

~~(3)~~ "Incremental cost" means the difference in cost between	9603
blended biodiesel and conventional petroleum-based diesel fuel at	9604
the time the blended biodiesel is purchased.	9605

(B) ~~The department of administrative services shall establish~~	9606
~~and administer a credit banking and selling program. The~~	9607
~~department may sell or trade credits in accordance with procedures~~	9608
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	9609
~~2897, 42 U.S.C. 13258.~~	9610

~~(C)~~ There is hereby created in the state treasury the	9611
"biodiesel revolving fund," to which shall be credited ~~moneys~~	9612
~~received from the sale of credits under this section, any~~ moneys	9613
appropriated to the fund by the general assembly, and any other	9614
moneys obtained or accepted by the ~~department~~development services	9615
agency for crediting to the fund. Moneys credited to the fund	9616
shall be used to pay for the incremental cost of biodiesel for use	9617
in vehicles owned or leased by the state that use diesel fuel. The	9618
director ~~of administrative services, after consultation with the~~	9619
~~director~~ of development,services may direct the director of	9620
budget and management to transfer available moneys in the	9621
biodiesel revolving fund to the alternative fuel transportation	9622
fund created in section 122.075 of the Revised Code to be used by	9623
the ~~department of~~ development services agency for the purposes	9624
specified in that section.	9625

~~(D) The director of administrative services shall adopt rules~~	9626
~~under Chapter 119. of the Revised Code that are necessary for the~~	9627
~~administration of the credit banking and selling program.~~	9628

Sec. 126.07. Except as provided in division (B) of section	9629
126.21 of the Revised Code, no contract, agreement, or obligation	9630
involving the expenditure of money chargeable to an appropriation,	9631
nor any resolution or order for the expenditure of money	9632
chargeable to an appropriation, shall be valid and enforceable	9633
unless the director of budget and management first certifies that	9634
there is a balance in the appropriation not already obligated to	9635
pay existing obligations, in an amount at least equal to the	9636
portion of the contract, agreement, obligation, resolution, or	9637
order to be performed in the current fiscal year. Any written	9638
contract or agreement entered into by the state shall contain a	9639
clause stating that the obligations of the state are subject to	9640
this section.	9641

The chief administrative officer of a state agency is	9642
responsible for the preaudit and approval of expenditures and	9643
other transactions of the agency. In order to initiate the making	9644
of a payment from the state treasury, the person in a state agency	9645
who requests that the payment be made shall first submit to the	9646
chief administrative officer of the agency all invoices, claims,	9647
vouchers, and other documentation related to the payment. The	9648
chief administrative officer shall examine each voucher and all	9649
other documentation required to support the voucher and determine	9650
whether they meet all the requirements established by the director	9651
of budget and management for making the payment. If they do meet	9652
those requirements, the chief administrative officer shall certify	9653
to the director the approval of the chief administrative officer	9654
for payment.	9655

Prior to drawing a warrant or processing an electronic funds	9656
transfer as provided in section 126.35 of the Revised Code, the	9657
director may review and audit the voucher, any documentation	9658
accompanying the voucher, and any other documentation related to	9659
the transaction that the director may require to determine if the	9660
transaction is in accordance with law. The director shall not	9661
approve payment to be made if the director finds that there is not	9662
an unobligated balance in the appropriation for the payment, that	9663
the payment is not for a valid claim against the state that is	9664
legally due, or that insufficient documentation has been	9665
submitted. If the director does not approve payment, the director	9666
shall notify the agency of the reasons the director has not given	9667
approval.	9668

In approving payments to be made under this section, the	9669
director, upon receipt of certification from the director of job	9670
and family services pursuant to section 4141.231 of the Revised	9671
Code, shall withhold from amounts otherwise payable to a person	9672
who is the subject of the director of jobs and family services'	9673
certification, the amount certified to be due and unpaid to the	9674
director of job and family services, and shall approve for payment	9675
to the director of job and family services, the amount withheld.	9676

As used in this section and in section 126.21 of the Revised	9677
Code, "chief administrative officer" means either of the	9678
following:	9679

(A) The director of the agency or, in the case of a state	9680
agency without a director, the equivalent officer of that agency;	9681

(B) The designee of the chief administrative officer for the	9682
purposes of such sections.	9683

Sec. 126.14. The release of any money appropriated for the	9684
purchase of real estate shall be approved by the controlling	9685
board. The release of money appropriated for all other capital	9686
projects is also subject to the approval of the controlling board,	9687
except that the director of budget and management may approve the	9688
release of money appropriated for specific projects in accordance	9689
with the requirements of this section and except that the director	9690
of budget and management may approve the release of unencumbered	9691
capital balances, for a project to repair, remove, or prevent a	9692
public exigency declared to exist by the executive director of	9693
~~administrative services~~the Ohio facilities construction	9694
commission under section 123.10 of the Revised Code~~, or by the~~	9695
~~executive director of the Ohio facilities construction commission~~	9696
~~under section 123.23 of the Revised Code,~~ in the amount designated	9697
in that declaration.	9698

Within sixty days after the effective date of any act	9699
appropriating money for capital projects, the director shall	9700
determine which appropriations are for general projects and which	9701
are for specific projects. Specific projects may include specific	9702
higher education projects that are to be funded from general	9703
purpose appropriations from the higher education improvement fund	9704
or the higher education improvement taxable fund created in	9705
section 154.21 of the Revised Code. Upon determining which	9706
projects are general and which are specific, the director shall	9707
submit to the controlling board a list that includes a brief	9708
description of and the estimated expenditures for each specific	9709
project. The release of money for any specific higher education	9710
projects that are to be funded from general purpose appropriations	9711
from the higher education improvement fund or the higher education	9712
improvement taxable fund but that are not included on the list,	9713
and the release of money for any specific higher education	9714
projects included on the list that will exceed the estimated	9715
expenditures by more than ten per cent, are subject to the	9716
approval of the controlling board.	9717

The director may create new appropriation items and make	9718
transfers of appropriations to them for specific higher education	9719
projects included on the list that are to be funded from general	9720
purpose appropriations for basic renovations that are made from	9721
the higher education improvement fund or the higher education	9722
improvement taxable fund.	9723

Sec. 126.32. (A) Any officer of any state agency may	9724
authorize reimbursement for travel, including the costs of	9725
transportation, for lodging, and for meals to any person who is	9726
interviewing for a position that is classified in pay range 13 or	9727
above in schedule E-1 or schedule E-1 for step seven only, or is	9728
classified in schedule E-2, of section 124.152 of the Revised	9729
Code.	9730

(B) If a person is appointed to a position listed in section	9731
121.03 of the Revised Code, to the position of chairperson of the	9732
industrial commission, adjutant general, chancellor of the Ohio	9733
board of regents, superintendent of public instruction,	9734
chairperson of the public utilities commission of Ohio, or	9735
director of the state lottery commission, to a position holding a	9736
fiduciary relationship to the governor, to a position of an	9737
appointing authority of the department of ~~mental health~~mental	9738
health and addiction services, developmental disabilities, or	9739
rehabilitation and correction, to a position of superintendent in	9740
the department of youth services, or to a position under section	9741
122.05 of the Revised Code, and if that appointment requires a	9742
permanent change of residence, the appropriate state agency may	9743
reimburse the person for the person's actual and necessary	9744
expenses, including the cost of in-transit storage of household	9745
goods and personal effects, of moving the person and members of	9746
the person's immediate family residing in the person's household,	9747
and of moving their household goods and personal effects, to the	9748
person's new location.	9749

Until that person moves the person's permanent residence to	9750
the new location, but not for a period that exceeds thirty	9751
consecutive days, the state agency may reimburse the person for	9752
the person's temporary living expenses at the new location that	9753
the person has incurred on behalf of the person and members of the	9754
person's immediate family residing in the person's household. In	9755
addition, the state agency may reimburse that person for the	9756
person's travel expenses between the new location and the person's	9757
former residence during this period for a maximum number of trips	9758
specified by rule of the director of budget and management, but	9759
the state agency shall not reimburse the person for travel	9760
expenses incurred for those trips by members of the person's	9761
immediate family. With the prior written approval of the director,	9762
the maximum thirty-day period for temporary living expenses may be	9763
extended for a person appointed to a position under section 122.05	9764
of the Revised Code.	9765

The director of development services may reimburse a person	9766
appointed to a position under section 122.05 of the Revised Code	9767
for the person's actual and necessary expenses of moving the	9768
person and members of the person's immediate family residing in	9769
the person's household back to the United States and may reimburse	9770
a person appointed to such a position for the cost of storage of	9771
household goods and personal effects of the person and the	9772
person's immediate family while the person is serving outside the	9773
United States, if the person's office outside the United States is	9774
the person's primary job location.	9775

(C) All reimbursement under division (A) or (B) of this	9776
section shall be made in the manner, and at rates that do not	9777
exceed those, provided by rule of the director of budget and	9778
management in accordance with section 111.15 of the Revised Code.	9779
Reimbursements may be made under division (B) of this section	9780
directly to the persons who incurred the expenses or directly to	9781
the providers of goods or services the persons receive, as	9782
determined by the director of budget and management.	9783

Sec. 126.35. (A) The director of budget and management shall	9784
draw warrants or process electronic funds transfers against the	9785
treasurer of state pursuant to all requests for payment that the	9786
director has approved under section 126.07 of the Revised Code.	9787

(B) Unless a cash assistance payment is to be made by	9788
electronic benefit transfer, payment by the director of budget and	9789
management to a participant in the Ohio works first program	9790
pursuant to Chapter 5107. of the Revised Code, a recipient of	9791
disability financial assistance pursuant to Chapter 5115. of the	9792
Revised Code, or a recipient of cash assistance provided under the	9793
refugee assistance program established under section 5101.49 of	9794
the Revised Code shall be made by direct deposit to the account of	9795
the participant or recipient in the financial institution	9796
designated under section 329.03 of the Revised Code. Payment by	9797
the director of budget and management to a recipient of benefits	9798
distributed through the medium of electronic benefit transfer	9799
pursuant to section 5101.33 of the Revised Code shall be by	9800
electronic benefit transfer. Payment by the director of budget and	9801
management as compensation to an employee of the state who has,	9802
pursuant to section 124.151 of the Revised Code, designated a	9803
financial institution and account for the direct deposit of such	9804
payments shall be made by direct deposit to the account of the	9805
employee. Payment to any other payee who has designated a	9806
financial institution and account for the direct deposit of such	9807
payment may be made by direct deposit to the account of the payee	9808
in the financial institution as provided in section 9.37 of the	9809
Revised Code. Accounts maintained by the director of budget and	9810
management or the director's agent in a financial institution for	9811
the purpose of effectuating payment by direct deposit or	9812
electronic benefit transfer shall be maintained in accordance with	9813
section 135.18 of the Revised Code.	9814

(C) All other payments from the state treasury shall be made	9815
by paper warrants, electronic funds transfers, or by direct	9816
deposit payable to the respective payees. The director of budget	9817
and management may mail the paper warrants to the respective	9818
payees or distribute them through other state agencies, whichever	9819
the director determines to be the better procedure.	9820

~~(D) If the average per transaction cost the director of~~	9821
~~budget and management incurs in making direct deposits for a state~~	9822
~~agency exceeds the average per transaction cost the director~~	9823
~~incurs in drawing paper warrants for all public offices during the~~	9824
~~same period of time, the director may certify the difference in~~	9825
~~cost and the number of direct deposits for the agency to the~~	9826
~~director of administrative services. The director of~~	9827
~~administrative services shall reimburse the director of budget and~~	9828
~~management for such additional costs and add the amount to the~~	9829
~~processing charge assessed upon the state agency.~~	9830

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	9831
Revised Code, "state agency" means the administrative departments	9832
listed in section 121.02 of the Revised Code, the department of	9833
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	9834
of regents, the rehabilitation services commission, the public	9835
utilities commission of Ohio, the adjutant general, and the state	9836
lottery commission.	9837

(B) The office of internal ~~auditing~~audit is hereby created	9838
in the office of budget and management to ~~conduct~~direct internal	9839
audits of state agencies or divisions of state agencies to improve	9840
their operations in the areas of risk management, internal	9841
controls, and governance. The director of budget and management,	9842
with the approval of the governor, shall appoint for the office of	9843
internal ~~auditing~~audit a chief internal auditor who meets the	9844
qualifications specified in division ~~(C)~~(E) of this section. The	9845
chief internal auditor shall serve at the director's pleasure and	9846
be responsible for the administration of the office of internal	9847
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	9848
Revised Code.	9849

(C) The office of internal ~~auditing~~audit shall conduct	9850
programs for the internal auditing of state agencies. The programs	9851
shall include an annual internal audit plan, reviewed by the state	9852
audit committee, that utilizes risk assessment techniques and	9853
identifies the specific audits to be ~~conducted~~directed during the	9854
year. The programs also shall include periodic audits of each	9855
state agency's major systems and controls, including those systems	9856
and controls pertaining to accounting, administration, and	9857
~~electronic data processing~~information technology. Upon the	9858
request of the office of internal ~~auditing~~audit, each state	9859
agency shall provide office employees access to all records and	9860
documents necessary for the performance of an internal audit.	9861

The director of budget and management shall assess a charge	9862
against each state agency for which the office of internal	9863
~~auditing~~audit conducts internal auditing programs under sections	9864
126.45 to 126.48 of the Revised Code so that the total amount of	9865
these charges is sufficient to cover the costs of the operation of	9866
the office of internal ~~auditing~~audit.	9867

(D) At the request of any other organized body, office, or	9868
agency established by the laws of the state for the exercise of	9869
any function of state government that is not described in division	9870
(A) of this section, the office of internal audit may direct an	9871
internal audit of all or part of that body, office, or agency. The	9872
office of internal audit shall charge an amount sufficient to	9873
cover the costs it incurs in relation to the requested audit.	9874

~~(C)~~(E) The chief internal auditor of the office of internal	9875
~~auditing~~audit shall hold at least a bachelor's degree and be one	9876
of the following:	9877

(1) A certified internal auditor, a certified government	9878
auditing professional, or a certified public accountant, who also	9879
has held a PA registration or a CPA certificate authorized by	9880
Chapter 4701. of the Revised Code for at least four years and has	9881
at least six years of auditing experience;	9882

(2) An auditor who has held a PA registration or a CPA	9883
certificate authorized by Chapter 4701. of the Revised Code for at	9884
least four years and has at least ten years of auditing	9885
experience.	9886

~~(D)~~(F) The chief internal auditor, subject to the direction	9887
and control of the director of budget and management, may appoint	9888
and maintain any staff necessary to carry out the duties assigned	9889
by sections 126.45 to 126.48 of the Revised Code to the office of	9890
internal ~~auditing~~audit or to the chief internal auditor.	9891

Sec. 126.46. (A)(1) There is hereby created the state audit	9892
committee, consisting of the following five members: one public	9893
member appointed by the governor; two public members appointed by	9894
the speaker of the house of representatives, one of which may be a	9895
person who is recommended by the minority leader of the house of	9896
representatives; and two public members appointed by the president	9897
of the senate, one of which may be a person who is recommended by	9898
the minority leader of the senate. Not more than two of the four	9899
members appointed by the speaker of the house of representatives	9900
and the president of the senate shall belong to or be affiliated	9901
with the same political party. The member appointed by the	9902
governor shall have the program and management expertise required	9903
to perform the duties of the committee's chairperson.	9904

Each member of the committee shall be external to the	9905
management structure of state government and shall serve a	9906
three-year term. Each term shall commence on the first day of July	9907
and end on the thirtieth day of June. Any member may continue in	9908
office subsequent to the expiration date of the member's term	9909
until the member's successor takes office or until a period of	9910
ninety days has elapsed, whichever occurs first. Members may be	9911
reappointed to serve one additional term.	9912

On ~~the effective date of the amendment of this section by~~	9913
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	9914
terms of the members shall be altered as follows:	9915

(a) The terms of the members appointed by the president shall	9916
expire on June 30, 2012.	9917

(b) The term of the member appointed by the speaker scheduled	9918
to expire on November 17, 2012, shall expire on June 30, 2013.	9919

(c) The term of the other member appointed by the speaker	9920
shall expire on June 30, 2014.	9921

(d) The term of the member appointed by the governor shall	9922
expire on June 30, 2014.	9923

The committee shall include at least one member who is a	9924
financial expert; at least one member who is an active, inactive,	9925
or retired certified public accountant; at least one member who is	9926
familiar with governmental financial accounting; at least one	9927
member who is familiar with information technology systems and	9928
services; and at least one member who is a representative of the	9929
public.	9930

Any vacancy on the committee shall be filled in the same	9931
manner as provided in this division, and, when applicable, the	9932
person appointed to fill a vacancy shall serve the remainder of	9933
the predecessor's term.	9934

(2) Members of the committee shall receive reimbursement for	9935
actual and necessary expenses incurred in the discharge of their	9936
duties.	9937

(3) The member of the committee appointed by the governor	9938
shall serve as the committee's chairperson.	9939

(4) Members of the committee shall be subject to the	9940
disclosure statement requirements of section 102.02 of the Revised	9941
Code.	9942

(B) The state audit committee shall do all of the following:

9943

(1) ~~Ensure that~~Evaluate whether the internal audits	9944
~~conducted~~directed by the office of internal ~~auditing~~audit in the	9945
office of budget and management conform to the institute of	9946
internal auditors' international ~~standards for the~~ professional	9947
~~practice of~~practices framework for internal auditing and to the	9948
institute of internal auditors' code of ethics;	9949

(2) Review and comment on the process used by the office of	9950
budget and management to prepare ~~its annual budgetary financial~~	9951
~~report and~~ the state's comprehensive annual financial report	9952
required under division (A)(9) of section 126.21 of the Revised	9953
Code;	9954

(3) Review and comment on unaudited financial statements	9955
submitted to the auditor of state and communicate with external	9956
auditors as required by government auditing standards;	9957

(4) Perform the additional functions imposed upon it by	9958
section 126.47 of the Revised Code.	9959

(C) As used in this section, "financial expert" means a	9960
person who has all of the following:	9961

(1) An understanding of generally accepted accounting	9962
principles and financial statements;	9963

(2) The ability to assess the general application of those	9964
principles in connection with accounting for estimates, accruals,	9965
and reserves;	9966

(3) Experience preparing, auditing, analyzing, or evaluating	9967
financial statements presenting accounting issues that generally	9968
are of comparable breadth and level of complexity to those likely	9969
to be presented by a state agency's financial statements, or	9970
experience actively supervising one or more persons engaged in	9971
those activities;	9972

(4) An understanding of internal controls and procedures for	9973
financial reporting; and	9974

(5) An understanding of audit committee functions.

9975

Sec. 126.47. (A) The state audit committee created by	9976
section 126.46 of the Revised Code shall ensure that the office of	9977
internal ~~auditing~~audit in the office of budget and management has	9978
an annual internal audit plan that identifies the internal audits	9979
of state agencies or divisions of state agencies scheduled for the	9980
next fiscal year. The chief internal auditor of the office of	9981
internal ~~auditing~~audit shall submit the plan to the state audit	9982
committee for review and comment before the beginning of each	9983
fiscal year. The chief internal auditor may submit a revised	9984
internal audit plan for review and comment at any time the	9985
director of budget and management believes there is reason to	9986
modify the previously submitted plan for a fiscal year.	9987

(B) To determine the state agencies or divisions of state	9988
agencies that are to be internally audited, the office of internal	9989
~~auditing~~audit, in the formulation of an annual or revised	9990
internal audit plan, and the state audit committee, in reviewing a	9991
submitted annual or revised internal audit plan, shall consider	9992
the following factors:	9993

(1) The risk for fraud, waste, or abuse of public money	9994
within an agency or division;	9995

(2) The length of time since an agency or division was last	9996
subject to an internal audit;	9997

(3) The size of an agency or division, and the amount of time	9998
and resources necessary to audit it;	9999

(4) Any other factor the state audit committee determines to	10000
be relevant.	10001

(C) All internal audits shall be ~~conducted only~~directed by	10002
employees of the office of internal ~~auditing~~audit.	10003

(D) After the conclusion of an internal audit, the chief	10004
internal auditor shall submit a preliminary report of the internal	10005
audit's findings and recommendations to the state audit committee	10006
and to the director of the state agency involved. The state agency	10007
or division of the state agency covered by the preliminary report	10008
shall be provided an opportunity to respond within thirty days	10009
after receipt of the preliminary report. The response shall	10010
include a corrective action plan for any recommendations in the	10011
preliminary report that are not disputed by the agency or	10012
division. Any response received by the office of internal ~~auditing~~	10013
audit within that thirty-day period shall be included in the	10014
office's final report of the internal audit's findings and	10015
recommendations. The final report shall be issued by the office of	10016
internal ~~auditing~~audit within thirty days after the termination	10017
of the thirty-day response period. Copies of the final report	10018
shall be submitted to the state audit committee, the governor, and	10019
the director of the state agency involved. The state audit	10020
committee shall determine an appropriate method for making the	10021
preliminary and final reports available for public inspection in a	10022
timely manner.	10023

Any suspected fraud or other illegal activity discovered by	10024
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	10025
internal audit shall be reported immediately to the state audit	10026
committee, the director of the state agency in which the fraud or	10027
illegal activity is suspected to have occurred, and the auditor of	10028
state.	10029

(E) The chief internal auditor shall prepare an annual report	10030
and submit the report to the governor, the president of the	10031
senate, the speaker of the house of representatives, and the	10032
auditor of state. The office of budget and management shall make	10033
the report available to the public by posting it on the office's	10034
web site before the first of ~~July~~August of each year.	10035

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	10036
this section, any preliminary or final report of an internal	10037
audit's findings and recommendations which is produced by the	10038
office of internal ~~auditing~~audit in the office of budget and	10039
management and all work papers of the internal audit are	10040
confidential and are not public records under section 149.43 of	10041
the Revised Code until the final report of an internal audit's	10042
findings and recommendations is submitted to the state audit	10043
committee, the governor, and the director of the state agency	10044
involved.	10045

(B) The following are not public records under section 149.43	10046
of the Revised Code:	10047

(1) An internal audit report that meets the definition of a	10048
security record under section 149.433 of the Revised Code;	10049

(2) Any information derived from a state tax return or state	10050
tax return information as permitted to be used by the office of	10051
internal audit under section 5703.21 of the Revised Code.	10052

Sec. 127.14. The controlling board may, at the request of	10053
any state agency or the director of budget and management,	10054
authorize, with respect to the provisions of any appropriation	10055
act:	10056

(A) Transfers of all or part of an appropriation within but	10057
not between state agencies, except such transfers as the director	10058
of budget and management is authorized by law to make, provided	10059
that no transfer shall be made by the director for the purpose of	10060
effecting new or changed levels of program service not authorized	10061
by the general assembly;	10062

(B) Transfers of all or part of an appropriation from one	10063
fiscal year to another;	10064

(C) Transfers of all or part of an appropriation within or	10065
between state agencies made necessary by administrative	10066
reorganization or by the abolition of an agency or part of an	10067
agency;	10068

(D) Transfers of all or part of cash balances in excess of	10069
needs from any fund of the state to the general revenue fund or to	10070
such other fund of the state to which the money would have been	10071
credited in the absence of the fund from which the transfers are	10072
authorized to be made, except that the controlling board may not	10073
authorize such transfers from the accrued leave liability fund,	10074
auto registration distribution fund, budget stabilization fund,	10075
building improvement fund, development bond retirement fund,	10076
facilities establishment fund, gasoline excise tax fund, general	10077
revenue fund, higher education improvement fund, highway	10078
improvement bond retirement fund, highway obligations bond	10079
retirement fund, highway capital improvement fund, highway	10080
operating fund, horse racing tax fund, improvements bond	10081
retirement fund, public library fund, liquor control fund, local	10082
government fund, local transportation improvement program fund,	10083
mental health facilities improvement fund, Ohio fairs fund, parks	10084
and recreation improvement fund, public improvements bond	10085
retirement fund, school district income tax fund, state agency	10086
facilities improvement fund, state and local government highway	10087
distribution fund, state highway safety fund, state lottery fund,	10088
undivided liquor permit fund, Vietnam conflict compensation bond	10089
retirement fund, volunteer fire fighters' dependents fund,	10090
waterways safety fund, wildlife fund, workers' compensation fund,	10091
or any fund not specified in this division that the director of	10092
budget and management determines to be a bond fund or bond	10093
retirement fund;	10094

(E) Transfers of all or part of those appropriations included	10095
in the emergency purposes account of the controlling board;	10096

(F) Temporary transfers of all or part of an appropriation or	10097
other moneys into and between existing funds, or new funds, as may	10098
be established by law when needed for capital outlays for which	10099
notes or bonds will be issued;	10100

(G) Transfer or release of all or part of an appropriation to	10101
a state agency requiring controlling board approval of such	10102
transfer or release as provided by law;	10103

(H) Temporary transfer of funds included in the emergency	10104
purposes appropriation of the controlling board. Such temporary	10105
transfers may be made subject to conditions specified by the	10106
controlling board at the time temporary transfers are authorized.	10107
No transfers shall be made under this division for the purpose of	10108
effecting new or changed levels of program service not authorized	10109
by the general assembly.	10110

As used in this section, "request" means an application by a	10111
state agency or the director of budget and management seeking some	10112
action by the controlling board.	10113

When authorizing the transfer of all or part of an	10114
appropriation under this section, the controlling board may	10115
authorize the transfer to an existing appropriation item and the	10116
creation of and transfer to a new appropriation item.	10117

Whenever there is a transfer of all or part of funds included	10118
in the emergency purposes appropriation by the controlling board,	10119
pursuant to division (E) of this section, the state agency or the	10120
director of budget and management receiving such transfer shall	10121
keep a detailed record of the use of the transferred funds. At the	10122
earliest scheduled meeting of the controlling board following the	10123
accomplishment of the purposes specified in the request originally	10124
seeking the transfer, or following the total expenditure of the	10125
transferred funds for the specified purposes, the state agency or	10126
the director of budget and management shall submit a report on the	10127
expenditure of such funds to the board. The portion of any	10128
appropriation so transferred which is not required to accomplish	10129
the purposes designated in the original request to the controlling	10130
board shall be returned to the proper appropriation of the	10131
controlling board at this time.	10132

Notwithstanding any provisions of law providing for the	10133
deposit of revenues received by a state agency to the credit of a	10134
particular fund in the state treasury, whenever there is a	10135
temporary transfer of funds included in the emergency purposes	10136
appropriation of the controlling board pursuant to division (H) of	10137
this section, revenues received by any state agency receiving such	10138
a temporary transfer of funds shall, as directed by the	10139
controlling board, be transferred back to the emergency purposes	10140
appropriation.	10141

The board may delegate to the director of budget and	10142
management authority to approve transfers among items of	10143
appropriation under division (A) of this section.	10144

Sec. 127.16. (A) Upon the request of either a state agency	10145
or the director of budget and management and after the controlling	10146
board determines that an emergency or a sufficient economic reason	10147
exists, the controlling board may approve the making of a purchase	10148
without competitive selection as provided in division (B) of this	10149
section.	10150

(B) Except as otherwise provided in this section, no state	10151
agency, using money that has been appropriated to it directly,	10152
shall:	10153

(1) Make any purchase from a particular supplier, that would	10154
amount to fifty thousand dollars or more when combined with both	10155
the amount of all disbursements to the supplier during the fiscal	10156
year for purchases made by the agency and the amount of all	10157
outstanding encumbrances for purchases made by the agency from the	10158
supplier, unless the purchase is made by competitive selection or	10159
with the approval of the controlling board;	10160

(2) Lease real estate from a particular supplier, if the	10161
lease would amount to seventy-five thousand dollars or more when	10162
combined with both the amount of all disbursements to the supplier	10163
during the fiscal year for real estate leases made by the agency	10164
and the amount of all outstanding encumbrances for real estate	10165
leases made by the agency from the supplier, unless the lease is	10166
made by competitive selection or with the approval of the	10167
controlling board.	10168

(C) Any person who authorizes a purchase in violation of	10169
division (B) of this section shall be liable to the state for any	10170
state funds spent on the purchase, and the attorney general shall	10171
collect the amount from the person.	10172

(D) Nothing in division (B) of this section shall be	10173
construed as:	10174

(1) A limitation upon the authority of the director of	10175
transportation as granted in sections 5501.17, 5517.02, and	10176
5525.14 of the Revised Code;	10177

(2) Applying to medicaid provider agreements under ~~Chapter~~	10178
~~5111. of~~ the ~~Revised Code~~medicaid program;	10179

(3) Applying to the purchase of examinations from a sole	10180
supplier by a state licensing board under Title XLVII of the	10181
Revised Code;	10182

(4) Applying to entertainment contracts for the Ohio state	10183
fair entered into by the Ohio expositions commission, provided	10184
that the controlling board has given its approval to the	10185
commission to enter into such contracts and has approved a total	10186
budget amount for such contracts as agreed upon by commission	10187
action, and that the commission causes to be kept itemized records	10188
of the amounts of money spent under each contract and annually	10189
files those records with the clerk of the house of representatives	10190
and the clerk of the senate following the close of the fair;	10191

(5) Limiting the authority of the chief of the division of	10192
mineral resources management to contract for reclamation work with	10193
an operator mining adjacent land as provided in section 1513.27 of	10194
the Revised Code;	10195

(6) Applying to investment transactions and procedures of any	10196
state agency, except that the agency shall file with the board the	10197
name of any person with whom the agency contracts to make, broker,	10198
service, or otherwise manage its investments, as well as the	10199
commission, rate, or schedule of charges of such person with	10200
respect to any investment transactions to be undertaken on behalf	10201
of the agency. The filing shall be in a form and at such times as	10202
the board considers appropriate.	10203

(7) Applying to purchases made with money for the per cent	10204
for arts program established by section 3379.10 of the Revised	10205
Code;	10206

(8) Applying to purchases made by the rehabilitation services	10207
commission of services, or supplies, that are provided to persons	10208
with disabilities, or to purchases made by the commission in	10209
connection with the eligibility determinations it makes for	10210
applicants of programs administered by the social security	10211
administration;	10212

(9) Applying to payments by the department of ~~job and family~~	10213
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	10214
Code for group health plan premiums, deductibles, coinsurance, and	10215
other cost-sharing expenses;	10216

(10) Applying to any agency of the legislative branch of the	10217
state government;	10218

(11) Applying to agreements or contracts entered into under	10219
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	10220
Revised Code;	10221

(12) Applying to purchases of services by the adult parole	10222
authority under section 2967.14 of the Revised Code or by the	10223
department of youth services under section 5139.08 of the Revised	10224
Code;	10225

(13) Applying to dues or fees paid for membership in an	10226
organization or association;	10227

(14) Applying to purchases of utility services pursuant to	10228
section 9.30 of the Revised Code;	10229

(15) Applying to purchases made in accordance with rules	10230
adopted by the department of administrative services of motor	10231
vehicle, aviation, or watercraft fuel, or emergency repairs of	10232
such vehicles;	10233

(16) Applying to purchases of tickets for passenger air	10234
transportation;	10235

(17) Applying to purchases necessary to provide public	10236
notifications required by law or to provide notifications of job	10237
openings;	10238

(18) Applying to the judicial branch of state government;

10239

(19) Applying to purchases of liquor for resale by the	10240
division of liquor control;	10241

(20) Applying to purchases of motor courier and freight	10242
services made in accordance with department of administrative	10243
services rules;	10244

(21) Applying to purchases from the United States postal	10245
service and purchases of stamps and postal meter replenishment	10246
from vendors at rates established by the United States postal	10247
service;	10248

(22) Applying to purchases of books, periodicals, pamphlets,	10249
newspapers, maintenance subscriptions, and other published	10250
materials;	10251

(23) Applying to purchases from other state agencies,	10252
including state-assisted institutions of higher education;	10253

(24) Limiting the authority of the director of environmental	10254
protection to enter into contracts under division (D) of section	10255
3745.14 of the Revised Code to conduct compliance reviews, as	10256
defined in division (A) of that section;	10257

(25) Applying to purchases from a qualified nonprofit agency	10258
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	10259
the Revised Code;	10260

(26) Applying to payments by the department of job and family	10261
services to the United States department of health and human	10262
services for printing and mailing notices pertaining to the tax	10263
refund offset program of the internal revenue service of the	10264
United States department of the treasury;	10265

(27) Applying to contracts entered into by the department of	10266
developmental disabilities under section 5123.18 of the Revised	10267
Code;	10268

(28) Applying to payments made by the department of ~~mental~~	10269
~~health~~mental health and addiction services under a physician	10270
recruitment program authorized by section ~~5119.101~~5119.185 of	10271
the Revised Code;	10272

(29) Applying to contracts entered into with persons by the	10273
director of commerce for unclaimed funds collection and remittance	10274
efforts as provided in division (F) of section 169.03 of the	10275
Revised Code. The director shall keep an itemized accounting of	10276
unclaimed funds collected by those persons and amounts paid to	10277
them for their services.	10278

(30) Applying to purchases made by a state institution of	10279
higher education in accordance with the terms of a contract	10280
between the vendor and an inter-university purchasing group	10281
comprised of purchasing officers of state institutions of higher	10282
education;	10283

(31) Applying to the department of ~~job and family services'~~	10284
medicaid's purchases of health assistance services under the	10285
children's health insurance program ~~part I provided for under~~	10286
~~section 5101.50 of the Revised Code, the children's health~~	10287
~~insurance program part II provided for under section 5101.51 of~~	10288
~~the Revised Code, or the children's health insurance program part~~	10289
~~III provided for under section 5101.52 of the Revised Code~~;	10290

(32) Applying to payments by the attorney general from the	10291
reparations fund to hospitals and other emergency medical	10292
facilities for performing medical examinations to collect physical	10293
evidence pursuant to section 2907.28 of the Revised Code;	10294

(33) Applying to contracts with a contracting authority or	10295
administrative receiver under division (B) of section 5126.056 of	10296
the Revised Code;	10297

(34) Applying to purchases of goods and services by the	10298
department of veterans services in accordance with the terms of	10299
contracts entered into by the United States department of veterans	10300
affairs;	10301

(35) Applying to payments by the superintendent of the bureau	10302
of criminal identification and investigation to the federal bureau	10303
of investigation for criminal records checks pursuant to section	10304
109.572 of the Revised Code;	10305

(36) Applying to contracts entered into by the department of	10306
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	10307
the Revised Code;	10308

(37) Applying to contracts entered into under section 5160.12	10309
of the Revised Code.	10310

(E) When determining whether a state agency has reached the	10311
cumulative purchase thresholds established in divisions (B)(1) and	10312
(2) of this section, all of the following purchases by such agency	10313
shall not be considered:	10314

(1) Purchases made through competitive selection or with	10315
controlling board approval;	10316

(2) Purchases listed in division (D) of this section;

10317

(3) For the purposes of the threshold of division (B)(1) of	10318
this section only, leases of real estate.	10319

(F) As used in this section, "competitive selection,"	10320
"purchase," "supplies," and "services" have the same meanings as	10321
in section 125.01 of the Revised Code.	10322

Sec. 133.06. (A) A school district shall not incur, without	10323
a vote of the electors, net indebtedness that exceeds an amount	10324
equal to one-tenth of one per cent of its tax valuation, except as	10325
provided in divisions (G) and (H) of this section and in division	10326
(C) of section 3313.372 of the Revised Code, or as prescribed in	10327
section 3318.052 or 3318.44 of the Revised Code, or as provided in	10328
division (J) of this section.	10329

(B) Except as provided in divisions (E), (F), and (I) of this	10330
section, a school district shall not incur net indebtedness that	10331
exceeds an amount equal to nine per cent of its tax valuation.	10332

(C) A school district shall not submit to a vote of the	10333
electors the question of the issuance of securities in an amount	10334
that will make the district's net indebtedness after the issuance	10335
of the securities exceed an amount equal to four per cent of its	10336
tax valuation, unless the superintendent of public instruction,	10337
acting under policies adopted by the state board of education, and	10338
the tax commissioner, acting under written policies of the	10339
commissioner, consent to the submission. A request for the	10340
consents shall be made at least one hundred twenty days prior to	10341
the election at which the question is to be submitted.	10342

The superintendent of public instruction shall certify to the	10343
district the superintendent's and the tax commissioner's decisions	10344
within thirty days after receipt of the request for consents.	10345

If the electors do not approve the issuance of securities at	10346
the election for which the superintendent of public instruction	10347
and tax commissioner consented to the submission of the question,	10348
the school district may submit the same question to the electors	10349
on the date that the next special election may be held under	10350
section 3501.01 of the Revised Code without submitting a new	10351
request for consent. If the school district seeks to submit the	10352
same question at any other subsequent election, the district shall	10353
first submit a new request for consent in accordance with this	10354
division.	10355

(D) In calculating the net indebtedness of a school district,	10356
none of the following shall be considered:	10357

(1) Securities issued to acquire school buses and other	10358
equipment used in transporting pupils or issued pursuant to	10359
division (D) of section 133.10 of the Revised Code;	10360

(2) Securities issued under division (F) of this section,	10361
under section 133.301 of the Revised Code, and, to the extent in	10362
excess of the limitation stated in division (B) of this section,	10363
under division (E) of this section;	10364

(3) Indebtedness resulting from the dissolution of a joint	10365
vocational school district under section 3311.217 of the Revised	10366
Code, evidenced by outstanding securities of that joint vocational	10367
school district;	10368

(4) Loans, evidenced by any securities, received under	10369
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	10370
Revised Code;	10371

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

10372

(6) Debt incurred pursuant to division (B)(5) of section	10373
3313.37 of the Revised Code to acquire computers and related	10374
hardware;	10375

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

10376

(E) A school district may become a special needs district as	10377
to certain securities as provided in division (E) of this section.	10378

(1) A board of education, by resolution, may declare its	10379
school district to be a special needs district by determining both	10380
of the following:	10381

(a) The student population is not being adequately serviced	10382
by the existing permanent improvements of the district.	10383

(b) The district cannot obtain sufficient funds by the	10384
issuance of securities within the limitation of division (B) of	10385
this section to provide additional or improved needed permanent	10386
improvements in time to meet the needs.	10387

(2) The board of education shall certify a copy of that	10388
resolution to the superintendent of public instruction with a	10389
statistical report showing all of the following:	10390

(a) The history of and a projection of the growth of the tax	10391
valuation;	10392

(b) The projected needs;

10393

(c) The estimated cost of permanent improvements proposed to	10394
meet such projected needs.	10395

(3) The superintendent of public instruction shall certify	10396
the district as an approved special needs district if the	10397
superintendent finds both of the following:	10398

(a) The district does not have available sufficient	10399
additional funds from state or federal sources to meet the	10400
projected needs.	10401

(b) The projection of the potential average growth of tax	10402
valuation during the next five years, according to the information	10403
certified to the superintendent and any other information the	10404
superintendent obtains, indicates a likelihood of potential	10405
average growth of tax valuation of the district during the next	10406
five years of an average of not less than one and one-half per	10407
cent per year. The findings and certification of the	10408
superintendent shall be conclusive.	10409

(4) An approved special needs district may incur net	10410
indebtedness by the issuance of securities in accordance with the	10411
provisions of this chapter in an amount that does not exceed an	10412
amount equal to the greater of the following:	10413

(a) Twelve per cent of the sum of its tax valuation plus an	10414
amount that is the product of multiplying that tax valuation by	10415
the percentage by which the tax valuation has increased over the	10416
tax valuation on the first day of the sixtieth month preceding the	10417
month in which its board determines to submit to the electors the	10418
question of issuing the proposed securities;	10419

(b) Twelve per cent of the sum of its tax valuation plus an	10420
amount that is the product of multiplying that tax valuation by	10421
the percentage, determined by the superintendent of public	10422
instruction, by which that tax valuation is projected to increase	10423
during the next ten years.	10424

(F) A school district may issue securities for emergency	10425
purposes, in a principal amount that does not exceed an amount	10426
equal to three per cent of its tax valuation, as provided in this	10427
division.	10428

(1) A board of education, by resolution, may declare an	10429
emergency if it determines both of the following:	10430

(a) School buildings or other necessary school facilities in	10431
the district have been wholly or partially destroyed, or condemned	10432
by a constituted public authority, or that such buildings or	10433
facilities are partially constructed, or so constructed or planned	10434
as to require additions and improvements to them before the	10435
buildings or facilities are usable for their intended purpose, or	10436
that corrections to permanent improvements are necessary to remove	10437
or prevent health or safety hazards.	10438

(b) Existing fiscal and net indebtedness limitations make	10439
adequate replacement, additions, or improvements impossible.	10440

(2) Upon the declaration of an emergency, the board of	10441
education may, by resolution, submit to the electors of the	10442
district pursuant to section 133.18 of the Revised Code the	10443
question of issuing securities for the purpose of paying the cost,	10444
in excess of any insurance or condemnation proceeds received by	10445
the district, of permanent improvements to respond to the	10446
emergency need.	10447

(3) The procedures for the election shall be as provided in	10448
section 133.18 of the Revised Code, except that:	10449

(a) The form of the ballot shall describe the emergency	10450
existing, refer to this division as the authority under which the	10451
emergency is declared, and state that the amount of the proposed	10452
securities exceeds the limitations prescribed by division (B) of	10453
this section;	10454

(b) The resolution required by division (B) of section 133.18	10455
of the Revised Code shall be certified to the county auditor and	10456
the board of elections at least one hundred days prior to the	10457
election;	10458

(c) The county auditor shall advise and, not later than	10459
ninety-five days before the election, confirm that advice by	10460
certification to, the board of education of the information	10461
required by division (C) of section 133.18 of the Revised Code;	10462

(d) The board of education shall then certify its resolution	10463
and the information required by division (D) of section 133.18 of	10464
the Revised Code to the board of elections not less than ninety	10465
days prior to the election.	10466

(4) Notwithstanding division (B) of section 133.21 of the	10467
Revised Code, the first principal payment of securities issued	10468
under this division may be set at any date not later than sixty	10469
months after the earliest possible principal payment otherwise	10470
provided for in that division.	10471

(G)(1) The board of education may contract with an architect,	10472
professional engineer, or other person experienced in the design	10473
and implementation of energy conservation measures for an analysis	10474
and recommendations pertaining to installations, modifications of	10475
installations, or remodeling that would significantly reduce	10476
energy consumption in buildings owned by the district. The report	10477
shall include estimates of all costs of such installations,	10478
modifications, or remodeling, including costs of design,	10479
engineering, installation, maintenance, repairs, and debt service,	10480
forgone residual value of materials or equipment replaced by the	10481
energy conservation measure, as defined by the Ohio school	10482
facilities commission, a baseline analysis of actual energy	10483
consumption data for the preceding three years with the utility	10484
baseline based on only the actual energy consumption data for the	10485
preceding twelve months, and estimates of the amounts by which	10486
energy consumption and resultant operational and maintenance	10487
costs, as defined by the commission, would be reduced.	10488

If the board finds after receiving the report that the amount	10489
of money the district would spend on such installations,	10490
modifications, or remodeling is not likely to exceed the amount of	10491
money it would save in energy and resultant operational and	10492
maintenance costs over the ensuing fifteen years, the board may	10493
submit to the commission a copy of its findings and a request for	10494
approval to incur indebtedness to finance the making or	10495
modification of installations or the remodeling of buildings for	10496
the purpose of significantly reducing energy consumption.	10497

~~If the commission determines that the board's findings are~~	10498
~~reasonable, it~~The school facilities commission, in consultation	10499
with the auditor of state, may deny a request under this division	10500
by the board of education any school district is in a state of	10501
fiscal watch pursuant to division (A) of section 3316.03 of the	10502
Revised Code, if it determines that the expenditure of funds is	10503
not in the best interest of the school district.	10504

No district board of education of a school district that is	10505
in a state of fiscal emergency pursuant to division (B) of section	10506
3316.03 of the Revised Code shall submit a request without	10507
submitting evidence that the installations, modifications, or	10508
remodeling have been approved by the district's financial planning	10509
and supervision commission established under section 3316.05 of	10510
the Revised Code.	10511

No board of education of a school district that, for three or	10512
more consecutive years, has been declared to be in a state of	10513
academic emergency under section 3302.03 of the Revised Code, as	10514
that section existed prior to March 22, 2013, and has failed to	10515
meet adequate yearly progress, or has met any condition set forth	10516
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	10517
Code shall submit a request without first receiving approval to	10518
incur indebtedness from the district's academic distress	10519
commission established under that section, for so long as such	10520
commission continues to be required for the district.	10521

(2) The school facilities commission shall approve the	10522
board's request~~. Upon~~provided that the following conditions are	10523
satisfied:	10524

(a) The commission determines that the board's findings are	10525
reasonable.	10526

(b) The request for approval is complete.

10527

(c) The installations, modifications, or remodeling are	10528
consistent with any project to construct or acquire classroom	10529
facilities, or to reconstruct or make additions to existing	10530
classroom facilities under sections 3318.01 to 3318.20 or sections	10531
3318.40 to 3318.45 of the Revised Code.	10532

Upon receipt of the commission's approval, the district may	10533
issue securities without a vote of the electors in a principal	10534
amount not to exceed nine-tenths of one per cent of its tax	10535
valuation for the purpose of making such installations,	10536
modifications, or remodeling, but the total net indebtedness of	10537
the district without a vote of the electors incurred under this	10538
and all other sections of the Revised Code, except section	10539
3318.052 of the Revised Code, shall not exceed one per cent of the	10540
district's tax valuation.	10541

(3) So long as any securities issued under ~~division (G) of~~	10542
this ~~section~~division remain outstanding, the board of education	10543
shall monitor the energy consumption and resultant operational and	10544
maintenance costs of buildings in which installations or	10545
modifications have been made or remodeling has been done pursuant	10546
to ~~division (G) of~~ this ~~section~~division and shall maintain and	10547
annually update a report documenting the reductions in energy	10548
consumption and resultant operational and maintenance cost savings	10549
attributable to such installations, modifications, or remodeling.	10550
The report shall be certified by an architect or engineer	10551
independent of any person that provided goods or services to the	10552
board in connection with the energy conservation measures that are	10553
the subject of the report. The resultant operational and	10554
maintenance cost savings shall be certified by the school district	10555
treasurer. The report shall be submitted annually to the	10556
commission.	10557

(H) With the consent of the superintendent of public	10558
instruction, a school district may incur without a vote of the	10559
electors net indebtedness that exceeds the amounts stated in	10560
divisions (A) and (G) of this section for the purpose of paying	10561
costs of permanent improvements, if and to the extent that both of	10562
the following conditions are satisfied:	10563

(1) The fiscal officer of the school district estimates that	10564
receipts of the school district from payments made under or	10565
pursuant to agreements entered into pursuant to section 725.02,	10566
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	10567
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	10568
Code, or distributions under division (C) of section 5709.43 of	10569
the Revised Code, or any combination thereof, are, after	10570
accounting for any appropriate coverage requirements, sufficient	10571
in time and amount, and are committed by the proceedings, to pay	10572
the debt charges on the securities issued to evidence that	10573
indebtedness and payable from those receipts, and the taxing	10574
authority of the district confirms the fiscal officer's estimate,	10575
which confirmation is approved by the superintendent of public	10576
instruction;	10577

(2) The fiscal officer of the school district certifies, and	10578
the taxing authority of the district confirms, that the district,	10579
at the time of the certification and confirmation, reasonably	10580
expects to have sufficient revenue available for the purpose of	10581
operating such permanent improvements for their intended purpose	10582
upon acquisition or completion thereof, and the superintendent of	10583
public instruction approves the taxing authority's confirmation.	10584

The maximum maturity of securities issued under division (H)	10585
of this section shall be the lesser of twenty years or the maximum	10586
maturity calculated under section 133.20 of the Revised Code.	10587

(I) A school district may incur net indebtedness by the	10588
issuance of securities in accordance with the provisions of this	10589
chapter in excess of the limit specified in division (B) or (C) of	10590
this section when necessary to raise the school district portion	10591
of the basic project cost and any additional funds necessary to	10592
participate in a project under Chapter 3318. of the Revised Code,	10593
including the cost of items designated by the Ohio school	10594
facilities commission as required locally funded initiatives, the	10595
cost of other locally funded initiatives in an amount that does	10596
not exceed fifty per cent of the district's portion of the basic	10597
project cost, and the cost for site acquisition. The school	10598
facilities commission shall notify the superintendent of public	10599
instruction whenever a school district will exceed either limit	10600
pursuant to this division.	10601

(J) A school district whose portion of the basic project cost	10602
of its classroom facilities project under sections 3318.01 to	10603
3318.20 of the Revised Code is greater than or equal to one	10604
hundred million dollars may incur without a vote of the electors	10605
net indebtedness in an amount up to two per cent of its tax	10606
valuation through the issuance of general obligation securities in	10607
order to generate all or part of the amount of its portion of the	10608
basic project cost if the controlling board has approved the	10609
school facilities commission's conditional approval of the project	10610
under section 3318.04 of the Revised Code. The school district	10611
board and the Ohio school facilities commission shall include the	10612
dedication of the proceeds of such securities in the agreement	10613
entered into under section 3318.08 of the Revised Code. No state	10614
moneys shall be released for a project to which this section	10615
applies until the proceeds of any bonds issued under this section	10616
that are dedicated for the payment of the school district portion	10617
of the project are first deposited into the school district's	10618
project construction fund.	10619

Sec. 140.01. As used in this chapter:

10620

(A) "Hospital agency" means any public hospital agency or any	10621
nonprofit hospital agency.	10622

(B) "Public hospital agency" means any county, board of	10623
county hospital trustees established pursuant to section 339.02 of	10624
the Revised Code, county hospital commission established pursuant	10625
to section 339.14 of the Revised Code, municipal corporation, new	10626
community authority organized under Chapter 349. of the Revised	10627
Code, joint township hospital district, state or municipal	10628
university or college operating or authorized to operate a	10629
hospital facility, or the state.	10630

(C) "Nonprofit hospital agency" means a corporation or	10631
association not for profit, no part of the net earnings of which	10632
inures or may lawfully inure to the benefit of any private	10633
shareholder or individual, that has authority to own or operate a	10634
hospital facility or provides or is to provide services to one or	10635
more other hospital agencies.	10636

(D) "Governing body" means, in the case of a county, the	10637
board of county commissioners or other legislative body; in the	10638
case of a board of county hospital trustees, the board; in the	10639
case of a county hospital commission, the commission; in the case	10640
of a municipal corporation, the council or other legislative	10641
authority; in the case of a new community authority, its board of	10642
trustees; in the case of a joint township hospital district, the	10643
joint township district hospital board; in the case of a state or	10644
municipal university or college, its board of trustees or board of	10645
directors; in the case of a nonprofit hospital agency, the board	10646
of trustees or other body having general management of the agency;	10647
and, in the case of the state, the director of development	10648
services or the Ohio higher educational facility commission.	10649

(E) "Hospital facilities" means buildings, structures and	10650
other improvements, additions thereto and extensions thereof,	10651
furnishings, equipment, and real estate and interests in real	10652
estate, used or to be used for or in connection with one or more	10653
hospitals, emergency, intensive, intermediate, extended,	10654
long-term, or self-care facilities, diagnostic and treatment and	10655
out-patient facilities, facilities related to programs for home	10656
health services, clinics, laboratories, public health centers,	10657
research facilities, and rehabilitation facilities, for or	10658
pertaining to diagnosis, treatment, care, or rehabilitation of	10659
sick, ill, injured, infirm, impaired, disabled, or handicapped	10660
persons, or the prevention, detection, and control of disease, and	10661
also includes education, training, and food service facilities for	10662
health professions personnel, housing facilities for such	10663
personnel and their families, and parking and service facilities	10664
in connection with any of the foregoing; and includes any one,	10665
part of, or any combination of the foregoing; and further includes	10666
site improvements, utilities, machinery, facilities, furnishings,	10667
and any separate or connected buildings, structures, improvements,	10668
sites, utilities, facilities, or equipment to be used in, or in	10669
connection with the operation or maintenance of, or supplementing	10670
or otherwise related to the services or facilities to be provided	10671
by, any one or more of such hospital facilities.	10672

(F) "Costs of hospital facilities" means the costs of	10673
acquiring hospital facilities or interests in hospital facilities,	10674
including membership interests in nonprofit hospital agencies,	10675
costs of constructing hospital facilities, costs of improving one	10676
or more hospital facilities, including reconstructing,	10677
rehabilitating, remodeling, renovating, and enlarging, costs of	10678
equipping and furnishing such facilities, and all financing costs	10679
pertaining thereto, including, without limitation thereto, costs	10680
of engineering, architectural, and other professional services,	10681
designs, plans, specifications and surveys, and estimates of cost,	10682
costs of tests and inspections, the costs of any indemnity or	10683
surety bonds and premiums on insurance, all related direct or	10684
allocable administrative expenses pertaining thereto, fees and	10685
expenses of trustees, depositories, and paying agents for the	10686
obligations, cost of issuance of the obligations and financing	10687
charges and fees and expenses of financial advisors, attorneys,	10688
accountants, consultants and rating services in connection	10689
therewith, capitalized interest on the obligations, amounts	10690
necessary to establish reserves as required by the bond	10691
proceedings, the reimbursement of all moneys advanced or applied	10692
by the hospital agency or others or borrowed from others for the	10693
payment of any item or items of costs of such facilities, and all	10694
other expenses necessary or incident to planning or determining	10695
feasibility or practicability with respect to such facilities, and	10696
such other expenses as may be necessary or incident to the	10697
acquisition, construction, reconstruction, rehabilitation,	10698
remodeling, renovation, enlargement, improvement, equipment, and	10699
furnishing of such facilities, the financing thereof, and the	10700
placing of the same in use and operation, including any one, part	10701
of, or combination of such classes of costs and expenses, and	10702
means the costs of refinancing obligations issued by, or	10703
reimbursement of money advanced by, nonprofit hospital agencies or	10704
others the proceeds of which were used for the payment of costs of	10705
hospital facilities, if the governing body of the public hospital	10706
agency determines that the refinancing or reimbursement advances	10707
the purposes of this chapter, whether or not the refinancing or	10708
reimbursement is in conjunction with the acquisition or	10709
construction of additional hospital facilities.	10710

(G) "Hospital receipts" means all moneys received by or on	10711
behalf of a hospital agency from or in connection with the	10712
ownership, operation, acquisition, construction, improvement,	10713
equipping, or financing of any hospital facilities, including,	10714
without limitation thereto, any rentals and other moneys received	10715
from the lease, sale, or other disposition of hospital facilities,	10716
and any gifts, grants, interest subsidies, or other moneys	10717
received under any federal program for assistance in financing the	10718
costs of hospital facilities, and any other gifts, grants, and	10719
donations, and receipts therefrom, available for financing the	10720
costs of hospital facilities.	10721

(H) "Obligations" means bonds, notes, or other evidences of	10722
indebtedness or obligation, including interest coupons pertaining	10723
thereto, issued or issuable by a public hospital agency to pay	10724
costs of hospital facilities.	10725

(I) "Bond service charges" means principal, interest, and	10726
call premium, if any, required to be paid on obligations.	10727

(J) "Bond proceedings" means one or more ordinances,	10728
resolutions, trust agreements, indentures, and other agreements or	10729
documents, and amendments and supplements to the foregoing, or any	10730
combination thereof, authorizing or providing for the terms,	10731
including any variable interest rates, and conditions applicable	10732
to, or providing for the security of, obligations and the	10733
provisions contained in such obligations.	10734

(K) "Nursing home" has the same meaning as in division (A)(1)	10735
of section 5701.13 of the Revised Code.	10736

(L) "Residential care facility" has the same meaning as in	10737
division (A)(2) of section 5701.13 of the Revised Code.	10738

(M) "Independent living facility" means any self-care	10739
facility or other housing facility designed or used as a residence	10740
for elderly persons. An "independent living facility" does not	10741
include a residential facility, or that part of a residential	10742
facility, that is any of the following:	10743

(1) A hospital required to be certified by section 3727.02 of	10744
the Revised Code;	10745

(2) A nursing home or residential care facility;

10746

(3) A facility operated by a hospice care program licensed	10747
under section 3712.04 of the Revised Code and used for the	10748
program's hospice patients;	10749

(4) A residential facility licensed by the department of	10750
~~mental health~~mental health and addiction services under section	10751
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	10752
supervision, and personal care services for three to sixteen	10753
unrelated adults;	10754

(5) A residential facility licensed by the department of	10755
~~mental health~~mental health and addiction services under section	10756
~~5119.22~~5119.34 of the Revised Code that is not a residential	10757
facility described in division (M)(4) of this section;	10758

(6) A facility licensed to provide methadone treatment under	10759
section ~~3793.11~~5119.39 of the Revised Code;	10760

(7) A facility certified as ~~an alcohol and drug~~a community	10761
addiction ~~program~~services provider under section ~~3793.06~~5119.36	10762
of the Revised Code;	10763

(8) A residential facility licensed under section 5123.19 of	10764
the Revised Code or a facility providing services under a contract	10765
with the department of developmental disabilities under section	10766
5123.18 of the Revised Code;	10767

(9) A residential facility used as part of a hospital to	10768
provide housing for staff of the hospital or students pursuing a	10769
course of study at the hospital.	10770

Sec. 140.03. (A) Two or more hospital agencies may enter	10771
into agreements for the acquisition, construction, reconstruction,	10772
rehabilitation, remodeling, renovating, enlarging, equipping, and	10773
furnishing of hospital facilities, or the management, operation,	10774
occupancy, use, maintenance, and repair of hospital facilities, or	10775
for participation in programs, projects, activities, and services	10776
useful to, connected with, supplementing, or otherwise related to	10777
the services provided by, or the operation of, hospital facilities	10778
operated by one or more participating hospital agencies, including	10779
any combination of such purposes, all in such manner as to promote	10780
the public purpose stated in section 140.02 of the Revised Code. A	10781
city health district; general health district; board of alcohol,	10782
drug addiction, and mental health services; county board of	10783
developmental disabilities; the department of ~~mental health~~mental	10784
health and addiction services; the department of developmental	10785
disabilities; or any public body engaged in the education or	10786
training of health professions personnel may join in any such	10787
agreement for purposes related to its authority under laws	10788
applicable to it, and as such a participant shall be considered a	10789
public hospital agency or hospital agency for the purposes of this	10790
section.	10791

(B) An agreement entered into under authority of this section	10792
shall, where appropriate, provide for:	10793

(1) The manner in which the title to the hospital facilities,	10794
including the sites and interest in real estate pertaining	10795
thereto, is to be held, transferred, or disposed of;	10796

(2) Unless provided for by lease pursuant to section 140.05	10797
of the Revised Code, the method by which such hospital facilities	10798
are to be acquired, constructed, or otherwise improved and by	10799
which they shall be managed, occupied, maintained, and repaired,	10800
including the designation of one of the hospital agencies to have	10801
charge of the details of acquisition, construction, or improvement	10802
pursuant to the contracting procedures prescribed under the law	10803
applicable to one of the participating public hospital agencies;	10804

(3) The management or administration of any such programs,	10805
projects, activities, or services, which may include management or	10806
administration by one of said hospital agencies or a board or	10807
agency thereof;	10808

(4) Annual, or more frequent, reports to the participating	10809
hospital agencies as to the revenues and receipts pertaining to	10810
the subject of the agreement, the expenditures thereof, the status	10811
and application of other funds contributed under such agreement,	10812
and such other matters as may be specified by or pursuant to such	10813
agreement;	10814

(5) The manner of apportionment or sharing of costs of	10815
hospital facilities, any other applicable costs of management,	10816
operation, maintenance, and repair of hospital facilities, and	10817
costs for the programs, projects, activities, and services forming	10818
the subject of the agreement, which apportionment or sharing may	10819
be prescribed in fixed amounts, or determined by ratios, formulas,	10820
or otherwise, and paid as service charges, rentals, or in such	10821
other manner as provided in the agreement, and may include amounts	10822
sufficient to meet the bond service charges and other payments and	10823
deposits required under the bond proceedings for obligations	10824
issued to pay costs of hospital facilities. A hospital agency may	10825
commit itself to make such payments at least for so long as any	10826
such obligations are outstanding. In the apportionment, different	10827
classes of costs or expenses may be apportioned to one or more,	10828
all or less than all, of the participating hospital agencies as	10829
determined under such agreement.	10830

(C) An agreement entered into under authority of this section	10831
may provide for:	10832

(1) An orderly process for making determinations or advising	10833
as to planning, execution, implementation, and operation, which	10834
may include designating one of the hospital agencies, or a board	10835
thereof, for any of such purposes, provisions for a committee,	10836
board, or commission, and for representation thereon, or as may	10837
otherwise be provided;	10838

(2) Securing necessary personnel, including participation of	10839
personnel from the respective hospital agencies;	10840

(3) Standards or conditions for the admission or	10841
participation of patients and physicians;	10842

(4) Conditions for admittance of other hospital agencies to	10843
participation under the agreement;	10844

(5) Fixing or establishing the method of determining charges	10845
to be made for particular services;	10846

(6) The manner of amending, supplementing, terminating, or	10847
withdrawal or removal of any party from, the agreement, and the	10848
term of the agreement, or an indefinite term;	10849

(7) Designation of the applicants for or recipients of any	10850
federal, state, or other aid, assistance, or loans available by	10851
reason of any activities conducted under the agreement;	10852

(8) Designation of one or more of the participating hospital	10853
agencies to maintain, prepare, and submit, on behalf of all	10854
parties to the agreement, any or all records and reports with	10855
regard to the activities conducted under the agreement;	10856

(9) Any incidental use of the hospital facilities, or	10857
services thereof, by participating public hospital agencies for	10858
any of their lawful purposes, which incidental use does not impair	10859
the character of the facilities as hospital facilities for any	10860
purpose of this chapter;	10861

(10) Such other matters as the parties thereto may agree upon	10862
for the purposes of division (A) of this section.	10863

(D) For the purpose of paying or contributing its share under	10864
an agreement made under this section, a public hospital agency	10865
may:	10866

(1) Expend any moneys from its general fund, and from any	10867
other funds not otherwise restricted by law, but including funds	10868
for permanent improvements of hospital facilities of such public	10869
hospital agency where the contribution is to be made toward the	10870
costs of hospital facilities under the agreement, and including	10871
funds derived from levies for, or receipts available for,	10872
operating expenses of hospital facilities or services of such	10873
public hospital agency where the contribution or payment is to be	10874
made toward operating expenses of the hospital facilities or	10875
services under the agreement or for the services provided thereby;	10876

(2) Issue obligations under Chapter 133. or section 140.06,	10877
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	10878
3 of Article XVIII, Ohio Constitution, if applicable to such	10879
public hospital agency, to pay costs of hospital facilities, or	10880
issue obligations under any other provision of law authorizing	10881
such public hospital agency to issue obligations for any costs of	10882
hospital facilities;	10883

(3) Levy taxes under Chapter 5705. or section 513.13 or	10884
3709.29 of the Revised Code, if applicable to such public hospital	10885
agency, provided that the purpose of such levy may include the	10886
provision of funds for either or both permanent improvements and	10887
current expenses if required for the contribution or payment of	10888
such hospital agency under such agreement, and each such public	10889
hospital agency may issue notes in anticipation of any such levy,	10890
pursuant to the procedures provided in section 5705.191 of the	10891
Revised Code if the levy is solely for current expenses, and in	10892
section 5705.193 of the Revised Code if the levy is all or in part	10893
for permanent improvements;	10894

(4) Contribute real and personal property or interest therein	10895
without necessity for competitive bidding or public auction on	10896
disposition of such property.	10897

(E) Any funds provided by public hospital agencies that are	10898
parties to an agreement entered into under this section shall be	10899
transferred to and placed in a separate fund or funds of such	10900
participating public hospital agency as is designated under the	10901
agreement. The funds shall be applied for the purposes provided in	10902
such agreement and are subject to audit. Pursuant to any	10903
determinations to be made under such agreement, the funds shall be	10904
deposited, invested, and disbursed under the provisions of law	10905
applicable to the public hospital agency in whose custody the	10906
funds are held. This division is subject to the provisions of any	10907
applicable bond proceedings under section 133.08, 140.06, 339.15,	10908
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	10909
Constitution. The records and reports of such public hospital	10910
agency under Chapter 117. of the Revised Code and sections 3702.51	10911
to 3702.62 of the Revised Code, with respect to the funds shall be	10912
sufficient without necessity for reports thereon by the other	10913
public hospital agencies participating under such agreement.	10914

(F)(1) Prior to its entry into any such agreement, the public	10915
hospital agency must determine, and set forth in a resolution or	10916
ordinance, that the contribution to be made by it under such	10917
agreement will be fair consideration for value and benefit to be	10918
derived by it under such agreement and that the agreement will	10919
promote the public purpose stated in section 140.02 of the Revised	10920
Code.	10921

(2) If the agreement is with a board of county commissioners,	10922
board of county hospital trustees, or county hospital commission	10923
and is an initial agreement for the acquisition or operation of a	10924
county hospital operated by a board of county hospital trustees	10925
under section 339.06 of the Revised Code, the governing body of	10926
the public hospital agency shall submit the agreement, accompanied	10927
by the resolution or ordinance, to the board of county	10928
commissioners for review pursuant to section 339.091 of the	10929
Revised Code. The agreement may be entered into only if the board	10930
of county commissioners adopts a resolution under that section.	10931
The requirements of division (F)(2) of this section do not apply	10932
to the agreement if one or more hospitals classified as general	10933
hospitals by the director of health under section 3701.07 of the	10934
Revised Code are operating in the same county as the county	10935
hospital.	10936

Sec. 140.05. (A)(1) A public hospital agency may lease any	10937
hospital facility to one or more hospital agencies for use as a	10938
hospital facility, or to one or more city or general health	10939
districts; boards of alcohol, drug addiction, and mental health	10940
services; county boards of developmental disabilities; the	10941
department of ~~mental health~~mental health and addiction services;	10942
or the department of developmental disabilities, for uses which	10943
they are authorized to make thereof under the laws applicable to	10944
them, or any combination of them, and they may lease such	10945
facilities to or from a hospital agency for such uses, upon such	10946
terms and conditions as are agreed upon by the parties. Such lease	10947
may be for a term of fifty years or less and may provide for an	10948
option of the lessee to renew for a term of fifty years or less,	10949
as therein set forth. Prior to entering into such lease, the	10950
governing body of any public hospital agency granting such lease	10951
must determine, and set forth in a resolution or ordinance, that	10952
such lease will promote the public purpose stated in section	10953
140.02 of the Revised Code and that the lessor public hospital	10954
agency will be duly benefited thereby.	10955

(2) If the lease is with a board of county commissioners,	10956
board of county hospital trustees, or county hospital commission	10957
and is an agreement for the initial lease of a county hospital	10958
operated by a board of county hospital trustees under section	10959
339.06 of the Revised Code, the governing body of the public	10960
hospital agency shall submit the agreement, accompanied by the	10961
resolution or ordinance, to the board of county commissioners for	10962
review pursuant to section 339.091 of the Revised Code. The	10963
agreement may be entered into only if the board of county	10964
commissioners adopts a resolution under that section. The	10965
requirements of division (A)(2) of this section do not apply to	10966
the lease if one or more hospitals classified as general hospitals	10967
by the director of health under section 3701.07 of the Revised	10968
Code are operating in the same county as the county hospital.	10969

(B) Any lease entered into pursuant to this section shall	10970
provide that in the event that the lessee fails faithfully and	10971
efficiently to administer, maintain, and operate such leased	10972
facilities as hospital facilities, or fails to provide the	10973
services thereof without regard to race, creed, color, or national	10974
origin, or fails to require that any hospital agency using such	10975
facilities or the services thereof shall not discriminate by	10976
reason of race, creed, color, or national origin, after an	10977
opportunity to be heard upon written charges, said lease may be	10978
terminated at the time, in the manner and with consequences	10979
therein provided. If any such lease does not contain terms to the	10980
effect provided in this division, it shall nevertheless be deemed	10981
to contain such terms which shall be implemented as determined by	10982
the governing body of the lessor.	10983

(C) Such lease may provide for rentals commencing at any time	10984
agreed upon, or advance rental, and continuing for such period	10985
therein provided, notwithstanding and without diminution, rebate,	10986
or setoff by reason of time of availability of the hospital	10987
facility for use, delays in construction, failure of completion,	10988
damage or destruction of the hospital facilities, or for any other	10989
reason.	10990

(D) Such lease may provide for the sale or transfer of title	10991
of the leased facilities pursuant to an option to purchase,	10992
lease-purchase, or installment purchase upon terms therein	10993
provided or to be determined as therein provided, which may	10994
include provision for the continued use thereof as a hospital	10995
facility for some reasonable period, taking into account efficient	10996
useful life and other factors, as is provided therein.	10997

(E) Such lease may be entered as part of or in connection	10998
with an agreement pursuant to section 140.03 of the Revised Code.	10999
Any hospital facilities which are the subject of an agreement	11000
entered into under section 140.03 of the Revised Code may be	11001
leased pursuant to this section.	11002

(F) If land acquired by a public hospital agency for a	11003
hospital facility is adjacent to an existing hospital facility	11004
owned by another hospital agency, the public hospital agency may,	11005
in connection with such acquisition or the leasing of such land	11006
and hospital facilities thereon to one or more hospital agencies,	11007
enter into an agreement with the hospital agency which owns such	11008
adjacent hospital facility for the use of common walls in the	11009
construction, operation, or maintenance of hospital facilities of	11010
the public hospital agency. For the purpose of construction,	11011
operation, or maintenance of hospital facilities, a public	11012
hospital agency may acquire by purchase, gift, lease, lease with	11013
option to purchase, lease-purchase, or installment purchase,	11014
easement deed, or other agreement, real estate and interests in	11015
real estate, including rights to use space over, under or upon	11016
real property owned by others, and support, access, common wall,	11017
and other rights in connection therewith. Any public hospital	11018
agency or other political subdivision or any public agency, board,	11019
commission, institution, body, or instrumentality may grant such	11020
real estate, interests, or rights to any hospital agency upon such	11021
terms as are agreed upon without necessity for competitive bidding	11022
or public auction.	11023

Sec. 145.01. As used in this chapter:

11024

(A) "Public employee" means:

11025

(1) Any person holding an office, not elective, under the	11026
state or any county, township, municipal corporation, park	11027
district, conservancy district, sanitary district, health	11028
district, metropolitan housing authority, state retirement board,	11029
Ohio historical society, public library, county law library, union	11030
cemetery, joint hospital, institutional commissary, state	11031
university, or board, bureau, commission, council, committee,	11032
authority, or administrative body as the same are, or have been,	11033
created by action of the general assembly or by the legislative	11034
authority of any of the units of local government named in	11035
division (A)(1) of this section, or employed and paid in whole or	11036
in part by the state or any of the authorities named in division	11037
(A)(1) of this section in any capacity not covered by section	11038
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	11039

(2) A person who is a member of the public employees	11040
retirement system and who continues to perform the same or similar	11041
duties under the direction of a contractor who has contracted to	11042
take over what before the date of the contract was a publicly	11043
operated function. The governmental unit with which the contract	11044
has been made shall be deemed the employer for the purposes of	11045
administering this chapter.	11046

(3) Any person who is an employee of a public employer,	11047
notwithstanding that the person's compensation for that employment	11048
is derived from funds of a person or entity other than the	11049
employer. Credit for such service shall be included as total	11050
service credit, provided that the employee makes the payments	11051
required by this chapter, and the employer makes the payments	11052
required by sections 145.48 and 145.51 of the Revised Code.	11053

(4) A person who elects in accordance with section 145.015 of	11054
the Revised Code to remain a contributing member of the public	11055
employees retirement system.	11056

(5) A person who is an employee of the legal rights service	11057
on September 30, 2012, and continues to be employed by the	11058
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	11059
153 of the 129th general assembly. The nonprofit entity is the	11060
employer for the purpose of this chapter.	11061

In all cases of doubt, the public employees retirement board	11062
shall determine under section 145.036, 145.037, or 145.038 of the	11063
Revised Code whether any person is a public employee, and its	11064
decision is final.	11065

(B) "Member" means any public employee, other than a public	11066
employee excluded or exempted from membership in the retirement	11067
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	11068
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	11069
retirant who becomes a member under division (C) of section 145.38	11070
of the Revised Code. "Member" also includes a disability benefit	11071
recipient.	11072

(C) "Head of the department" means the elective or appointive	11073
head of the several executive, judicial, and administrative	11074
departments, institutions, boards, and commissions of the state	11075
and local government as the same are created and defined by the	11076
laws of this state or, in case of a charter government, by that	11077
charter.	11078

(D) "Employer" or "public employer" means the state or any	11079
county, township, municipal corporation, park district,	11080
conservancy district, sanitary district, health district,	11081
metropolitan housing authority, state retirement board, Ohio	11082
historical society, public library, county law library, union	11083
cemetery, joint hospital, institutional commissary, state medical	11084
university, state university, or board, bureau, commission,	11085
council, committee, authority, or administrative body as the same	11086
are, or have been, created by action of the general assembly or by	11087
the legislative authority of any of the units of local government	11088
named in this division not covered by section 742.01, 3307.01,	11089
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	11090
means the employer of any public employee.	11091

(E) "Prior military service" also means all service credited	11092
for active duty with the armed forces of the United States as	11093
provided in section 145.30 of the Revised Code.	11094

(F) "Contributor" means any person who has an account in the	11095
employees' savings fund created by section 145.23 of the Revised	11096
Code. When used in the sections listed in division (B) of section	11097
145.82 of the Revised Code, "contributor" includes any person	11098
participating in a PERS defined contribution plan.	11099

(G) "Beneficiary" or "beneficiaries" means the estate or a	11100
person or persons who, as the result of the death of a member,	11101
contributor, or retirant, qualify for or are receiving some right	11102
or benefit under this chapter.	11103

(H)(1) "Total service credit," except as provided in section	11104
145.37 of the Revised Code, means all service credited to a member	11105
of the retirement system since last becoming a member, including	11106
restored service credit as provided by section 145.31 of the	11107
Revised Code; credit purchased under sections 145.293 and 145.299	11108
of the Revised Code; all the member's military service credit	11109
computed as provided in this chapter; all service credit	11110
established pursuant to section 145.297 of the Revised Code; and	11111
any other service credited under this chapter. For the exclusive	11112
purpose of satisfying the service credit requirement and of	11113
determining eligibility for benefits under sections 145.32,	11114
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	11115
Revised Code, "five or more years of total service credit" means	11116
sixty or more calendar months of contributing service in this	11117
system.	11118

(2) "One and one-half years of contributing service credit,"	11119
as used in division (B) of section 145.45 of the Revised Code,	11120
also means eighteen or more calendar months of employment by a	11121
municipal corporation that formerly operated its own retirement	11122
plan for its employees or a part of its employees, provided that	11123
all employees of that municipal retirement plan who have eighteen	11124
or more months of such employment, upon establishing membership in	11125
the public employees retirement system, shall make a payment of	11126
the contributions they would have paid had they been members of	11127
this system for the eighteen months of employment preceding the	11128
date membership was established. When that payment has been made	11129
by all such employee members, a corresponding payment shall be	11130
paid into the employers' accumulation fund by that municipal	11131
corporation as the employer of the employees.	11132

(3) Where a member also is a member of the state teachers	11133
retirement system or the school employees retirement system, or	11134
both, except in cases of retirement on a combined basis pursuant	11135
to section 145.37 of the Revised Code or as provided in section	11136
145.383 of the Revised Code, service credit for any period shall	11137
be credited on the basis of the ratio that contributions to the	11138
public employees retirement system bear to total contributions in	11139
all state retirement systems.	11140

(4) Not more than one year of credit may be given for any	11141
period of twelve months.	11142

(5) "Ohio service credit" means credit for service that was	11143
rendered to the state or any of its political subdivisions or any	11144
employer.	11145

(I) "Regular interest" means interest at any rates for the	11146
respective funds and accounts as the public employees retirement	11147
board may determine from time to time.	11148

(J) "Accumulated contributions" means the sum of all amounts	11149
credited to a contributor's individual account in the employees'	11150
savings fund together with any interest credited to the	11151
contributor's account under section 145.471 or 145.472 of the	11152
Revised Code.	11153

(K)(1) "Final average salary" means the greater of the	11154
following:	11155

(a) The sum of the member's earnable salaries for the	11156
appropriate number of calendar years of contributing service,	11157
determined under section 145.017 of the Revised Code, in which the	11158
member's earnable salary was highest, divided by the same number	11159
of calendar years or, if the member has fewer than the appropriate	11160
number of calendar years of contributing service, the total of the	11161
member's earnable salary for all years of contributing service	11162
divided by the number of calendar years of the member's	11163
contributing service;	11164

(b) The sum of a member's earnable salaries for the	11165
appropriate number of consecutive months, determined under section	11166
145.017 of the Revised Code, that were the member's last months of	11167
service, up to and including the last month, divided by the	11168
appropriate number of years or, if the time between the first and	11169
final months of service is less than the appropriate number of	11170
consecutive months, the total of the member's earnable salary for	11171
all months of contributing service divided by the number of years	11172
between the first and final months of contributing service,	11173
including any fraction of a year, except that the member's final	11174
average salary shall not exceed the member's highest earnable	11175
salary for any twelve consecutive months.	11176

(2) If contributions were made in only one calendar year,	11177
"final average salary" means the member's total earnable salary.	11178

(L) "Annuity" means payments for life derived from	11179
contributions made by a contributor and paid from the annuity and	11180
pension reserve fund as provided in this chapter. All annuities	11181
shall be paid in twelve equal monthly installments.	11182

(M) "Annuity reserve" means the present value, computed upon	11183
the basis of the mortality and other tables adopted by the board,	11184
of all payments to be made on account of any annuity, or benefit	11185
in lieu of any annuity, granted to a retirant as provided in this	11186
chapter.	11187

(N)(1) "Disability retirement" means retirement as provided	11188
in section 145.36 of the Revised Code.	11189

(2) "Disability allowance" means an allowance paid on account	11190
of disability under section 145.361 of the Revised Code.	11191

(3) "Disability benefit" means a benefit paid as disability	11192
retirement under section 145.36 of the Revised Code, as a	11193
disability allowance under section 145.361 of the Revised Code, or	11194
as a disability benefit under section 145.37 of the Revised Code.	11195

(4) "Disability benefit recipient" means a member who is	11196
receiving a disability benefit.	11197

(O) "Age and service retirement" means retirement as provided	11198
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	11199
and former section 145.34 of the Revised Code.	11200

(P) "Pensions" means annual payments for life derived from	11201
contributions made by the employer that at the time of retirement	11202
are credited into the annuity and pension reserve fund from the	11203
employers' accumulation fund and paid from the annuity and pension	11204
reserve fund as provided in this chapter. All pensions shall be	11205
paid in twelve equal monthly installments.	11206

(Q) "Retirement allowance" means the pension plus that	11207
portion of the benefit derived from contributions made by the	11208
member.	11209

(R)(1) Except as otherwise provided in division (R) of this	11210
section, "earnable salary" means all salary, wages, and other	11211
earnings paid to a contributor by reason of employment in a	11212
position covered by the retirement system. The salary, wages, and	11213
other earnings shall be determined prior to determination of the	11214
amount required to be contributed to the employees' savings fund	11215
under section 145.47 of the Revised Code and without regard to	11216
whether any of the salary, wages, or other earnings are treated as	11217
deferred income for federal income tax purposes. "Earnable salary"	11218
includes the following:	11219

(a) Payments made by the employer in lieu of salary, wages,	11220
or other earnings for sick leave, personal leave, or vacation used	11221
by the contributor;	11222

(b) Payments made by the employer for the conversion of sick	11223
leave, personal leave, and vacation leave accrued, but not used if	11224
the payment is made during the year in which the leave is accrued,	11225
except that payments made pursuant to section 124.383 or 124.386	11226
of the Revised Code are not earnable salary;	11227

(c) Allowances paid by the employer for maintenance,	11228
consisting of housing, laundry, and meals, as certified to the	11229
retirement board by the employer or the head of the department	11230
that employs the contributor;	11231

(d) Fees and commissions paid under section 507.09 of the	11232
Revised Code;	11233

(e) Payments that are made under a disability leave program	11234
sponsored by the employer and for which the employer is required	11235
by section 145.296 of the Revised Code to make periodic employer	11236
and employee contributions;	11237

(f) Amounts included pursuant to former division (K)(3) and	11238
former division (Y) of this section and section 145.2916 of the	11239
Revised Code.	11240

(2) "Earnable salary" does not include any of the following:

11241

(a) Fees and commissions, other than those paid under section	11242
507.09 of the Revised Code, paid as sole compensation for personal	11243
services and fees and commissions for special services over and	11244
above services for which the contributor receives a salary;	11245

(b) Amounts paid by the employer to provide life insurance,	11246
sickness, accident, endowment, health, medical, hospital, dental,	11247
or surgical coverage, or other insurance for the contributor or	11248
the contributor's family, or amounts paid by the employer to the	11249
contributor in lieu of providing the insurance;	11250

(c) Incidental benefits, including lodging, food, laundry,	11251
parking, or services furnished by the employer, or use of the	11252
employer's property or equipment, or amounts paid by the employer	11253
to the contributor in lieu of providing the incidental benefits;	11254

(d) Reimbursement for job-related expenses authorized by the	11255
employer, including moving and travel expenses and expenses	11256
related to professional development;	11257

(e) Payments for accrued but unused sick leave, personal	11258
leave, or vacation that are made at any time other than in the	11259
year in which the sick leave, personal leave, or vacation was	11260
accrued;	11261

(f) Payments made to or on behalf of a contributor that are	11262
in excess of the annual compensation that may be taken into	11263
account by the retirement system under division (a)(17) of section	11264
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	11265
U.S.C.A. 401(a)(17), as amended;	11266

(g) Payments made under division (B), (C), or (E) of section	11267
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	11268
No. 3 of the 119th general assembly, Section 3 of Amended	11269
Substitute Senate Bill No. 164 of the 124th general assembly, or	11270
Amended Substitute House Bill No. 405 of the 124th general	11271
assembly;	11272

(h) Anything of value received by the contributor that is	11273
based on or attributable to retirement or an agreement to retire,	11274
except that payments made on or before January 1, 1989, that are	11275
based on or attributable to an agreement to retire shall be	11276
included in earnable salary if both of the following apply:	11277

(i) The payments are made in accordance with contract	11278
provisions that were in effect prior to January 1, 1986;	11279

(ii) The employer pays the retirement system an amount	11280
specified by the retirement board equal to the additional	11281
liability resulting from the payments.	11282

(i) The portion of any amount included in section 145.2916 of	11283
the Revised Code that represents employer contributions.	11284

(3) The retirement board shall determine by rule whether any	11285
compensation not enumerated in division (R) of this section is	11286
earnable salary, and its decision shall be final.	11287

(S) "Pension reserve" means the present value, computed upon	11288
the basis of the mortality and other tables adopted by the board,	11289
of all payments to be made on account of any retirement allowance	11290
or benefit in lieu of any retirement allowance, granted to a	11291
member or beneficiary under this chapter.	11292

(T) "Contributing service" means both of the following:

11293

(1) All service credited to a member of the system since	11294
January 1, 1935, for which contributions are made as required by	11295
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	11296
year subsequent to 1934, credit for any service shall be allowed	11297
in accordance with section 145.016 of the Revised Code.	11298

(2) Service credit received by election of the member under	11299
section 145.814 of the Revised Code.	11300

(U) "State retirement board" means the public employees	11301
retirement board, the school employees retirement board, or the	11302
state teachers retirement board.	11303

(V) "Retirant" means any former member who retires and is	11304
receiving a monthly allowance as provided in sections 145.32,	11305
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	11306
the Revised Code.	11307

(W) "Employer contribution" means the amount paid by an	11308
employer as determined under section 145.48 of the Revised Code.	11309

(X) "Public service terminates" means the last day for which	11310
a public employee is compensated for services performed for an	11311
employer or the date of the employee's death, whichever occurs	11312
first.	11313

(Y) "Five years of service credit," for the exclusive purpose	11314
of satisfying the service credit requirements and of determining	11315
eligibility under section 145.33 or 145.332 of the Revised Code,	11316
means employment covered under this chapter or under a former	11317
retirement plan operated, recognized, or endorsed by the employer	11318
prior to coverage under this chapter or under a combination of the	11319
coverage.	11320

(Z) "Deputy sheriff" means any person who is commissioned and	11321
employed as a full-time peace officer by the sheriff of any	11322
county, and has been so employed since on or before December 31,	11323
1965; any person who is or has been commissioned and employed as a	11324
peace officer by the sheriff of any county since January 1, 1966,	11325
and who has received a certificate attesting to the person's	11326
satisfactory completion of the peace officer training school as	11327
required by section 109.77 of the Revised Code; or any person	11328
deputized by the sheriff of any county and employed pursuant to	11329
section 2301.12 of the Revised Code as a criminal bailiff or court	11330
constable who has received a certificate attesting to the person's	11331
satisfactory completion of the peace officer training school as	11332
required by section 109.77 of the Revised Code.	11333

(AA) "Township constable or police officer in a township	11334
police department or district" means any person who is	11335
commissioned and employed as a full-time peace officer pursuant to	11336
Chapter 505. or 509. of the Revised Code, who has received a	11337
certificate attesting to the person's satisfactory completion of	11338
the peace officer training school as required by section 109.77 of	11339
the Revised Code.	11340

(BB) "Drug agent" means any person who is either of the	11341
following:	11342

(1) Employed full time as a narcotics agent by a county	11343
narcotics agency created pursuant to section 307.15 of the Revised	11344
Code and has received a certificate attesting to the satisfactory	11345
completion of the peace officer training school as required by	11346
section 109.77 of the Revised Code;	11347

(2) Employed full time as an undercover drug agent as defined	11348
in section 109.79 of the Revised Code and is in compliance with	11349
section 109.77 of the Revised Code.	11350

(CC) "Department of public safety enforcement agent" means a	11351
full-time employee of the department of public safety who is	11352
designated under section 5502.14 of the Revised Code as an	11353
enforcement agent and who is in compliance with section 109.77 of	11354
the Revised Code.	11355

(DD) "Natural resources law enforcement staff officer" means	11356
a full-time employee of the department of natural resources who is	11357
designated a natural resources law enforcement staff officer under	11358
section 1501.013 of the Revised Code and is in compliance with	11359
section 109.77 of the Revised Code.	11360

(EE) "Park officer" means a full-time employee of the	11361
department of natural resources who is designated a park officer	11362
under section 1541.10 of the Revised Code and is in compliance	11363
with section 109.77 of the Revised Code.	11364

(FF) "Forest officer" means a full-time employee of the	11365
department of natural resources who is designated a forest officer	11366
under section 1503.29 of the Revised Code and is in compliance	11367
with section 109.77 of the Revised Code.	11368

(GG) "Preserve officer" means a full-time employee of the	11369
department of natural resources who is designated a preserve	11370
officer under section 1517.10 of the Revised Code and is in	11371
compliance with section 109.77 of the Revised Code.	11372

(HH) "Wildlife officer" means a full-time employee of the	11373
department of natural resources who is designated a wildlife	11374
officer under section 1531.13 of the Revised Code and is in	11375
compliance with section 109.77 of the Revised Code.	11376

(II) "State watercraft officer" means a full-time employee of	11377
the department of natural resources who is designated a state	11378
watercraft officer under section 1547.521 of the Revised Code and	11379
is in compliance with section 109.77 of the Revised Code.	11380

(JJ) "Park district police officer" means a full-time	11381
employee of a park district who is designated pursuant to section	11382
511.232 or 1545.13 of the Revised Code and is in compliance with	11383
section 109.77 of the Revised Code.	11384

(KK) "Conservancy district officer" means a full-time	11385
employee of a conservancy district who is designated pursuant to	11386
section 6101.75 of the Revised Code and is in compliance with	11387
section 109.77 of the Revised Code.	11388

(LL) "Municipal police officer" means a member of the	11389
organized police department of a municipal corporation who is	11390
employed full time, is in compliance with section 109.77 of the	11391
Revised Code, and is not a member of the Ohio police and fire	11392
pension fund.	11393

(MM) "Veterans' home police officer" means any person who is	11394
employed at a veterans' home as a police officer pursuant to	11395
section 5907.02 of the Revised Code and is in compliance with	11396
section 109.77 of the Revised Code.	11397

(NN) "Special police officer for a mental health institution"	11398
means any person who is designated as such pursuant to section	11399
~~5119.14~~5119.08 of the Revised Code and is in compliance with	11400
section 109.77 of the Revised Code.	11401

(OO) "Special police officer for an institution for the	11402
developmentally disabled" means any person who is designated as	11403
such pursuant to section 5123.13 of the Revised Code and is in	11404
compliance with section 109.77 of the Revised Code.	11405

(PP) "State university law enforcement officer" means any	11406
person who is employed full time as a state university law	11407
enforcement officer pursuant to section 3345.04 of the Revised	11408
Code and who is in compliance with section 109.77 of the Revised	11409
Code.	11410

(QQ) "House sergeant at arms" means any person appointed by	11411
the speaker of the house of representatives under division (B)(1)	11412
of section 101.311 of the Revised Code who has arrest authority	11413
under division (E)(1) of that section.	11414

(RR) "Assistant house sergeant at arms" means any person	11415
appointed by the house sergeant at arms under division (C)(1) of	11416
section 101.311 of the Revised Code.	11417

(SS) "Regional transit authority police officer" means a	11418
person who is employed full time as a regional transit authority	11419
police officer under division (Y) of section 306.35 of the Revised	11420
Code and is in compliance with section 109.77 of the Revised Code.	11421

(TT) "State highway patrol police officer" means a special	11422
police officer employed full time and designated by the	11423
superintendent of the state highway patrol pursuant to section	11424
5503.09 of the Revised Code or a person serving full time as a	11425
special police officer pursuant to that section on a permanent	11426
basis on October 21, 1997, who is in compliance with section	11427
109.77 of the Revised Code.	11428

(UU) "Municipal public safety director" means a person who	11429
serves full time as the public safety director of a municipal	11430
corporation with the duty of directing the activities of the	11431
municipal corporation's police department and fire department.	11432

(VV) Notwithstanding section 2901.01 of the Revised Code,	11433
"PERS law enforcement officer" means a sheriff or any of the	11434
following whose primary duties are to preserve the peace, protect	11435
life and property, and enforce the laws of this state: a deputy	11436
sheriff, township constable or police officer in a township police	11437
department or district, drug agent, department of public safety	11438
enforcement agent, natural resources law enforcement staff	11439
officer, park officer, forest officer, preserve officer, wildlife	11440
officer, state watercraft officer, park district police officer,	11441
conservancy district officer, veterans' home police officer,	11442
special police officer for a mental health institution, special	11443
police officer for an institution for the developmentally	11444
disabled, state university law enforcement officer, municipal	11445
police officer, house sergeant at arms, assistant house sergeant	11446
at arms, regional transit authority police officer, or state	11447
highway patrol police officer. "PERS law enforcement officer" also	11448
includes a person serving as a municipal public safety director at	11449
any time during the period from September 29, 2005, to March 24,	11450
2009, if the duties of that service were to preserve the peace,	11451
protect life and property, and enforce the laws of this state.	11452

(WW) "Hamilton county municipal court bailiff" means a person	11453
appointed by the clerk of courts of the Hamilton county municipal	11454
court under division (A)(3) of section 1901.32 of the Revised Code	11455
who is employed full time as a bailiff or deputy bailiff, who has	11456
received a certificate attesting to the person's satisfactory	11457
completion of the peace officer basic training described in	11458
division (D)(1) of section 109.77 of the Revised Code.	11459

(XX) "PERS public safety officer" means a Hamilton county	11460
municipal court bailiff, or any of the following whose primary	11461
duties are other than to preserve the peace, protect life and	11462
property, and enforce the laws of this state: a deputy sheriff,	11463
township constable or police officer in a township police	11464
department or district, drug agent, department of public safety	11465
enforcement agent, natural resources law enforcement staff	11466
officer, park officer, forest officer, preserve officer, wildlife	11467
officer, state watercraft officer, park district police officer,	11468
conservancy district officer, veterans' home police officer,	11469
special police officer for a mental health institution, special	11470
police officer for an institution for the ~~mentally retarded and~~	11471
developmentally disabled, state university law enforcement	11472
officer, municipal police officer, house sergeant at arms,	11473
assistant house sergeant at arms, regional transit authority	11474
police officer, or state highway patrol police officer. "PERS	11475
public safety officer" also includes a person serving as a	11476
municipal public safety director at any time during the period	11477
from September 29, 2005, to March 24, 2009, if the duties of that	11478
service were other than to preserve the peace, protect life and	11479
property, and enforce the laws of this state.	11480

(YY) "Fiduciary" means a person who does any of the	11481
following:	11482

(1) Exercises any discretionary authority or control with	11483
respect to the management of the system or with respect to the	11484
management or disposition of its assets;	11485

(2) Renders investment advice for a fee, direct or indirect,	11486
with respect to money or property of the system;	11487

(3) Has any discretionary authority or responsibility in the	11488
administration of the system.	11489

(ZZ) "Actuary" means an individual who satisfies all of the	11490
following requirements:	11491

(1) Is a member of the American academy of actuaries;

11492

(2) Is an associate or fellow of the society of actuaries;

11493

(3) Has a minimum of five years' experience in providing	11494
actuarial services to public retirement plans.	11495

(AAA) "PERS defined benefit plan" means the plan described in	11496
sections 145.201 to 145.79 of the Revised Code.	11497

(BBB) "PERS defined contribution plans" means the plan or	11498
plans established under section 145.81 of the Revised Code.	11499

Sec. 145.012. (A) "Public employee," as defined in division	11500
(A) of section 145.01 of the Revised Code, does not include any	11501
person:	11502

(1) Who is employed by a private, temporary-help service and	11503
performs services under the direction of a public employer or is	11504
employed on a contractual basis as an independent contractor under	11505
a personal service contract with a public employer;	11506

(2) Who is an emergency employee serving on a temporary basis	11507
in case of fire, snow, earthquake, flood, or other similar	11508
emergency;	11509

(3) Who is employed in a program established pursuant to the	11510
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	11511
1501;	11512

(4) Who is an appointed member of either the motor vehicle	11513
salvage dealers board or the motor vehicle dealer's board whose	11514
rate and method of payment are determined pursuant to division (J)	11515
of section 124.15 of the Revised Code;	11516

(5) Who is employed as an election worker and paid less than	11517
five hundred dollars per calendar year for that service;	11518

(6) Who is employed as a firefighter in a position requiring	11519
satisfactory completion of a firefighter training course approved	11520
under former section 3303.07 or section 4765.55 of the Revised	11521
Code or conducted under section 3737.33 of the Revised Code except	11522
for the following:	11523

(a) Any firefighter who has elected under section 145.013 of	11524
the Revised Code to remain a contributing member of the public	11525
employees retirement system;	11526

(b) Any firefighter who was eligible to transfer from the	11527
public employees retirement system to the Ohio police and fire	11528
pension fund under section 742.51 or 742.515 of the Revised Code	11529
and did not elect to transfer;	11530

(c) Any firefighter who has elected under section 742.516 of	11531
the Revised Code to transfer from the Ohio police and fire pension	11532
fund to the public employees retirement system.	11533

(7) Who is a member of the board of health of a city or	11534
general health district, which pursuant to sections 3709.051 and	11535
3709.07 of the Revised Code includes a combined health district,	11536
and whose compensation for attendance at meetings of the board is	11537
set forth in division (B) of section 3709.02 or division (B) of	11538
section 3709.05 of the Revised Code, as appropriate;	11539

(8) Who participates in an alternative retirement plan	11540
established under Chapter 3305. of the Revised Code;	11541

(9) Who is a member of the board of directors of a sanitary	11542
district established under Chapter 6115. of the Revised Code;	11543

(10) Who is a member of the unemployment compensation	11544
advisory council;	11545

(11) Who is an employee, officer, or governor-appointed	11546
member of the board of directors of the nonprofit corporation	11547
formed under section 187.01 of the Revised Code;	11548

(12) Who is employed by the nonprofit entity established to	11549
provide advocacy services and a client assistance program for	11550
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	11551
of the 129th general assembly and whose employment begins on or	11552
after October 1, 2012.	11553

(B) No inmate of a correctional institution operated by the	11554
department of rehabilitation and correction, no patient in a	11555
hospital for the mentally ill or criminally insane operated by the	11556
department of ~~mental health~~mental health and addiction services,	11557
no resident in an institution for the mentally retarded operated	11558
by the department of developmental disabilities, no resident	11559
admitted as a patient of a veterans' home operated under Chapter	11560
5907. of the Revised Code, and no resident of a county home shall	11561
be considered as a public employee for the purpose of establishing	11562
membership or calculating service credit or benefits under this	11563
chapter. Nothing in this division shall be construed to affect any	11564
service credit attained by any person who was a public employee	11565
before becoming an inmate, patient, or resident at any institution	11566
listed in this division, or the payment of any benefit for which	11567
such a person or such a person's beneficiaries otherwise would be	11568
eligible.	11569

Sec. 145.22. (A) The public employees retirement board shall	11570
have prepared annually by or under the supervision of an actuary	11571
an actuarial valuation of the pension assets, liabilities, and	11572
funding requirements of the public employees retirement system as	11573
established pursuant to this chapter. The actuary shall complete	11574
the valuation in accordance with actuarial standards of practice	11575
promulgated by the actuarial standards board of the American	11576
academy of actuaries and prepare a report of the valuation. The	11577
report shall include all of the following:	11578

(1) A summary of the benefit provisions evaluated;

11579

(2) A summary of the census data and financial information	11580
used in the valuation;	11581

(3) A description of the actuarial assumptions, actuarial	11582
cost method, and asset valuation method used in the valuation,	11583
including a statement of the assumed rate of payroll growth and	11584
assumed rate of growth or decline in the number of members	11585
contributing to the retirement system;	11586

(4) A summary of findings that includes a statement of the	11587
actuarial accrued pension liabilities and unfunded actuarial	11588
accrued pension liabilities;	11589

(5) A schedule showing the effect of any changes in the	11590
benefit provisions, actuarial assumptions, or cost methods since	11591
the last annual actuarial valuation;	11592

(6) A statement of whether contributions to the retirement	11593
system are expected to be sufficient to satisfy the funding	11594
objectives established by the board.	11595

The board shall submit the report to the Ohio retirement	11596
study council, the director of budget and management, and the	11597
standing committees of the house of representatives and the senate	11598
with primary responsibility for retirement legislation immediately	11599
upon its availability and not later than the first day of	11600
September following the year for which the valuation was made.	11601

(B) At such time as the public employees retirement board	11602
determines, and at least once in each five-year period, the board	11603
shall have prepared by or under the supervision of an actuary an	11604
actuarial investigation of the mortality, service, and other	11605
experience of the members, retirants, contributors, and	11606
beneficiaries of the system to update the actuarial assumptions	11607
used in the actuarial valuation required by division (A) of this	11608
section. The actuary shall prepare a report of the actuarial	11609
investigation. The report shall be prepared and any recommended	11610
changes in actuarial assumptions shall be made in accordance with	11611
the actuarial standards of practice promulgated by the actuarial	11612
standards board of the American academy of actuaries. The report	11613
shall include all of the following:	11614

(1) A summary of relevant decrement and economic assumption	11615
experience observed over the period of the investigation;	11616

(2) Recommended changes in actuarial assumptions to be used	11617
in subsequent actuarial valuations required by division (A) of	11618
this section;	11619

(3) A measurement of the financial effect of the recommended	11620
changes in actuarial assumptions.	11621

The board shall submit the report to the Ohio retirement	11622
study council and the standing committees of the house of	11623
representatives and the senate with primary responsibility for	11624
retirement legislation not later than the first day of November	11625
following the last fiscal year of the period the report covers.	11626

(C) The board may at any time request the actuary to make any	11627
studies or actuarial valuations to determine the adequacy of the	11628
contribution rate determined under section 145.48 of the Revised	11629
Code, and those rates may be adjusted by the board, as recommended	11630
by the actuary, effective as of the first of any year thereafter.	11631

(D) The board shall have prepared by or under the supervision	11632
of an actuary an actuarial analysis of any introduced legislation	11633
expected to have a measurable financial impact on the retirement	11634
system. The actuarial analysis shall be completed in accordance	11635
with the actuarial standards of practice promulgated by the	11636
actuarial standards board of the American academy of actuaries.	11637
The actuary shall prepare a report of the actuarial analysis,	11638
which shall include all of the following:	11639

(1) A summary of the statutory changes that are being	11640
evaluated;	11641

(2) A description of or reference to the actuarial	11642
assumptions and actuarial cost method used in the report;	11643

(3) A description of the participant group or groups included	11644
in the report;	11645

(4) A statement of the financial impact of the legislation,	11646
including the resulting increase, if any, in the employer normal	11647
cost percentage; the increase, if any, in actuarial accrued	11648
liabilities; and the per cent of payroll that would be required to	11649
amortize the increase in actuarial accrued liabilities as a level	11650
per cent of covered payroll for all active members over a period	11651
not to exceed thirty years;	11652

(5) A statement of whether the scheduled contributions to the	11653
system after the proposed change is enacted are expected to be	11654
sufficient to satisfy the funding objectives established by the	11655
board.	11656

Not later than sixty days from the date of introduction of	11657
the legislation, the board shall submit a copy of the actuarial	11658
analysis to the legislative service commission, the standing	11659
committees of the house of representatives and the senate with	11660
primary responsibility for retirement legislation, and the Ohio	11661
retirement study council.	11662

(E) The board shall have prepared annually a report giving a	11663
full accounting of the revenues and costs relating to the	11664
provision of benefits under sections 145.58 and 145.584 of the	11665
Revised Code. The report shall be made as of December 31, 1997,	11666
and the thirty-first day of December of each year thereafter. The	11667
report shall include the following:	11668

(1) A description of the statutory authority for the benefits	11669
provided;	11670

(2) A summary of the benefits;

11671

(3) A summary of the eligibility requirements for the	11672
benefits;	11673

(4) A statement of the number of participants eligible for	11674
the benefits;	11675

(5) A description of the accounting, asset valuation, and	11676
funding method used to provide the benefits;	11677

(6) A statement of the net assets available for the provision	11678
of the benefits as of the last day of the fiscal year;	11679

(7) A statement of any changes in the net assets available	11680
for the provision of benefits, including participant and employer	11681
contributions, net investment income, administrative expenses, and	11682
benefits provided to participants, as of the last day of the	11683
fiscal year;	11684

(8) For the last six consecutive fiscal years, a schedule of	11685
the net assets available for the benefits, the annual cost of	11686
benefits, administrative expenses incurred, and annual employer	11687
contributions allocated for the provision of benefits;	11688

(9) A description of any significant changes that affect the	11689
comparability of the report required under this division;	11690

(10) A statement of the amount paid under division (C) of	11691
section 145.58 of the Revised Code.	11692

The board shall submit the report to the Ohio retirement	11693
study council, the director of budget and management, and the	11694
standing committees of the house of representatives and the senate	11695
with primary responsibility for retirement legislation immediately	11696
upon its availability and not later than the thirtieth day of June	11697
following the year for which the report was made.	11698

Sec. 149.01. Each elective state officer, the adjutant	11699
general, the adult parole authority, the department of	11700
agriculture, the director of administrative services, the public	11701
utilities commission, the superintendent of insurance, the	11702
superintendent of financial institutions, the superintendent of	11703
purchases and printing, the fire marshal, the industrial	11704
commission, the administrator of workers' compensation, the state	11705
department of transportation, the department of health, the state	11706
medical board, the state dental board, the board of embalmers and	11707
funeral directors, the Ohio commission for the blind, the	11708
accountancy board of Ohio, the state council of uniform state	11709
laws, the board of commissioners of the sinking fund, the	11710
department of taxation, the board of tax appeals, the division of	11711
liquor control, the director of state armories, the trustees of	11712
the Ohio state university, and every private or quasi-public	11713
institution, association, board, or corporation receiving state	11714
money for its use and purpose shall make annually, at the end of	11715
each fiscal year, in quadruplicate, a report of the transactions	11716
and proceedings of that office or department for that fiscal year,	11717
excepting receipts and disbursements unless otherwise specifically	11718
required by law. The report shall contain a summary of the	11719
official acts of the officer, board, council, commission,	11720
institution, association, or corporation and any suggestions and	11721
recommendations that are proper. ~~On the first day of August of~~	11722
~~each year, one~~	11723

One of the reports shall be filed with the governor, one with	11724
the secretary of state, and one with the state library, and one	11725
shall be kept on file in the office of the officer, board,	11726
council, commission, institution, association, or corporation. The	11727
reports shall be so filed by the first day of August, except that	11728
the report of the treasurer of state shall be so filed by the	11729
thirty-first day of December.	11730

Sec. 149.43. (A) As used in this section:

11731

(1) "Public record" means records kept by any public office,	11732
including, but not limited to, state, county, city, village,	11733
township, and school district units, and records pertaining to the	11734
delivery of educational services by an alternative school in this	11735
state kept by the nonprofit or for-profit entity operating the	11736
alternative school pursuant to section 3313.533 of the Revised	11737
Code. "Public record" does not mean any of the following:	11738

(a) Medical records;

11739

(b) Records pertaining to probation and parole proceedings or	11740
to proceedings related to the imposition of community control	11741
sanctions and post-release control sanctions;	11742

(c) Records pertaining to actions under section 2151.85 and	11743
division (C) of section 2919.121 of the Revised Code and to	11744
appeals of actions arising under those sections;	11745

(d) Records pertaining to adoption proceedings, including the	11746
contents of an adoption file maintained by the department of	11747
health under section 3705.12 of the Revised Code;	11748

(e) Information in a record contained in the putative father	11749
registry established by section 3107.062 of the Revised Code,	11750
regardless of whether the information is held by the department of	11751
job and family services or, pursuant to section 3111.69 of the	11752
Revised Code, the office of child support in the department or a	11753
child support enforcement agency;	11754

(f) Records listed in division (A) of section 3107.42 of the	11755
Revised Code or specified in division (A) of section 3107.52 of	11756
the Revised Code;	11757

(g) Trial preparation records;

11758

(h) Confidential law enforcement investigatory records;

11759

(i) Records containing information that is confidential under	11760
section 2710.03 or 4112.05 of the Revised Code;	11761

(j) DNA records stored in the DNA database pursuant to	11762
section 109.573 of the Revised Code;	11763

(k) Inmate records released by the department of	11764
rehabilitation and correction to the department of youth services	11765
or a court of record pursuant to division (E) of section 5120.21	11766
of the Revised Code;	11767

(l) Records maintained by the department of youth services	11768
pertaining to children in its custody released by the department	11769
of youth services to the department of rehabilitation and	11770
correction pursuant to section 5139.05 of the Revised Code;	11771

(m) Intellectual property records;

11772

(n) Donor profile records;

11773

(o) Records maintained by the department of job and family	11774
services pursuant to section 3121.894 of the Revised Code;	11775

(p) Peace officer, parole officer, probation officer,	11776
bailiff, prosecuting attorney, assistant prosecuting attorney,	11777
correctional employee, community-based correctional facility	11778
employee, youth services employee, firefighter, EMT, or	11779
investigator of the bureau of criminal identification and	11780
investigation residential and familial information;	11781

(q) In the case of a county hospital operated pursuant to	11782
Chapter 339. of the Revised Code or a municipal hospital operated	11783
pursuant to Chapter 749. of the Revised Code, information that	11784
constitutes a trade secret, as defined in section 1333.61 of the	11785
Revised Code;	11786

(r) Information pertaining to the recreational activities of	11787
a person under the age of eighteen;	11788

(s) Records provided to, statements made by review board	11789
members during meetings of, and all work products of a child	11790
fatality review board acting under sections 307.621 to 307.629 of	11791
the Revised Code, and child fatality review data submitted by the	11792
child fatality review board to the department of health or a	11793
national child death review database, other than the report	11794
prepared pursuant to division (A) of section 307.626 of the	11795
Revised Code;	11796

(t) Records provided to and statements made by the executive	11797
director of a public children services agency or a prosecuting	11798
attorney acting pursuant to section 5153.171 of the Revised Code	11799
other than the information released under that section;	11800

(u) Test materials, examinations, or evaluation tools used in	11801
an examination for licensure as a nursing home administrator that	11802
the board of ~~examiners~~executives of ~~nursing home administrators~~	11803
long-term services and supports administers under section 4751.04	11804
of the Revised Code or contracts under that section with a private	11805
or government entity to administer;	11806

(v) Records the release of which is prohibited by state or	11807
federal law;	11808

(w) Proprietary information of or relating to any person that	11809
is submitted to or compiled by the Ohio venture capital authority	11810
created under section 150.01 of the Revised Code;	11811

(x) ~~Information reported and evaluations conducted pursuant~~	11812
~~to section 3701.072 of the Revised Code;~~	11813

~~(y)~~ Financial statements and data any person submits for any	11814
purpose to the Ohio housing finance agency or the controlling	11815
board in connection with applying for, receiving, or accounting	11816
for financial assistance from the agency, and information that	11817
identifies any individual who benefits directly or indirectly from	11818
financial assistance from the agency;	11819

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

11820

~~(aa)~~(z) Discharges recorded with a county recorder under	11821
section 317.24 of the Revised Code, as specified in division	11822
(B)(2) of that section;	11823

~~(bb)~~(aa) Usage information including names and addresses of	11824
specific residential and commercial customers of a municipally	11825
owned or operated public utility;	11826

~~(cc)~~(bb) Records described in division (C) of section 187.04	11827
of the Revised Code that are not designated to be made available	11828
to the public as provided in that division.	11829

(2) "Confidential law enforcement investigatory record" means	11830
any record that pertains to a law enforcement matter of a	11831
criminal, quasi-criminal, civil, or administrative nature, but	11832
only to the extent that the release of the record would create a	11833
high probability of disclosure of any of the following:	11834

(a) The identity of a suspect who has not been charged with	11835
the offense to which the record pertains, or of an information	11836
source or witness to whom confidentiality has been reasonably	11837
promised;	11838

(b) Information provided by an information source or witness	11839
to whom confidentiality has been reasonably promised, which	11840
information would reasonably tend to disclose the source's or	11841
witness's identity;	11842

(c) Specific confidential investigatory techniques or	11843
procedures or specific investigatory work product;	11844

(d) Information that would endanger the life or physical	11845
safety of law enforcement personnel, a crime victim, a witness, or	11846
a confidential information source.	11847

(3) "Medical record" means any document or combination of	11848
documents, except births, deaths, and the fact of admission to or	11849
discharge from a hospital, that pertains to the medical history,	11850
diagnosis, prognosis, or medical condition of a patient and that	11851
is generated and maintained in the process of medical treatment.	11852

(4) "Trial preparation record" means any record that contains	11853
information that is specifically compiled in reasonable	11854
anticipation of, or in defense of, a civil or criminal action or	11855
proceeding, including the independent thought processes and	11856
personal trial preparation of an attorney.	11857

(5) "Intellectual property record" means a record, other than	11858
a financial or administrative record, that is produced or	11859
collected by or for faculty or staff of a state institution of	11860
higher learning in the conduct of or as a result of study or	11861
research on an educational, commercial, scientific, artistic,	11862
technical, or scholarly issue, regardless of whether the study or	11863
research was sponsored by the institution alone or in conjunction	11864
with a governmental body or private concern, and that has not been	11865
publicly released, published, or patented.	11866

(6) "Donor profile record" means all records about donors or	11867
potential donors to a public institution of higher education	11868
except the names and reported addresses of the actual donors and	11869
the date, amount, and conditions of the actual donation.	11870

(7) "Peace officer, parole officer, probation officer,	11871
bailiff, prosecuting attorney, assistant prosecuting attorney,	11872
correctional employee, community-based correctional facility	11873
employee, youth services employee, firefighter, EMT, or	11874
investigator of the bureau of criminal identification and	11875
investigation residential and familial information" means any	11876
information that discloses any of the following about a peace	11877
officer, parole officer, probation officer, bailiff, prosecuting	11878
attorney, assistant prosecuting attorney, correctional employee,	11879
community-based correctional facility employee, youth services	11880
employee, firefighter, EMT, or investigator of the bureau of	11881
criminal identification and investigation:	11882

(a) The address of the actual personal residence of a peace	11883
officer, parole officer, probation officer, bailiff, assistant	11884
prosecuting attorney, correctional employee, community-based	11885
correctional facility employee, youth services employee,	11886
firefighter, EMT, or an investigator of the bureau of criminal	11887
identification and investigation, except for the state or	11888
political subdivision in which the peace officer, parole officer,	11889
probation officer, bailiff, assistant prosecuting attorney,	11890
correctional employee, community-based correctional facility	11891
employee, youth services employee, firefighter, EMT, or	11892
investigator of the bureau of criminal identification and	11893
investigation resides;	11894

(b) Information compiled from referral to or participation in	11895
an employee assistance program;	11896

(c) The social security number, the residential telephone	11897
number, any bank account, debit card, charge card, or credit card	11898
number, or the emergency telephone number of, or any medical	11899
information pertaining to, a peace officer, parole officer,	11900
probation officer, bailiff, prosecuting attorney, assistant	11901
prosecuting attorney, correctional employee, community-based	11902
correctional facility employee, youth services employee,	11903
firefighter, EMT, or investigator of the bureau of criminal	11904
identification and investigation;	11905

(d) The name of any beneficiary of employment benefits,	11906
including, but not limited to, life insurance benefits, provided	11907
to a peace officer, parole officer, probation officer, bailiff,	11908
prosecuting attorney, assistant prosecuting attorney, correctional	11909
employee, community-based correctional facility employee, youth	11910
services employee, firefighter, EMT, or investigator of the bureau	11911
of criminal identification and investigation by the peace	11912
officer's, parole officer's, probation officer's, bailiff's,	11913
prosecuting attorney's, assistant prosecuting attorney's,	11914
correctional employee's, community-based correctional facility	11915
employee's, youth services employee's, firefighter's, EMT's, or	11916
investigator of the bureau of criminal identification and	11917
investigation's employer;	11918

(e) The identity and amount of any charitable or employment	11919
benefit deduction made by the peace officer's, parole officer's,	11920
probation officer's, bailiff's, prosecuting attorney's, assistant	11921
prosecuting attorney's, correctional employee's, community-based	11922
correctional facility employee's, youth services employee's,	11923
firefighter's, EMT's, or investigator of the bureau of criminal	11924
identification and investigation's employer from the peace	11925
officer's, parole officer's, probation officer's, bailiff's,	11926
prosecuting attorney's, assistant prosecuting attorney's,	11927
correctional employee's, community-based correctional facility	11928
employee's, youth services employee's, firefighter's, EMT's, or	11929
investigator of the bureau of criminal identification and	11930
investigation's compensation unless the amount of the deduction is	11931
required by state or federal law;	11932

(f) The name, the residential address, the name of the	11933
employer, the address of the employer, the social security number,	11934
the residential telephone number, any bank account, debit card,	11935
charge card, or credit card number, or the emergency telephone	11936
number of the spouse, a former spouse, or any child of a peace	11937
officer, parole officer, probation officer, bailiff, prosecuting	11938
attorney, assistant prosecuting attorney, correctional employee,	11939
community-based correctional facility employee, youth services	11940
employee, firefighter, EMT, or investigator of the bureau of	11941
criminal identification and investigation;	11942

(g) A photograph of a peace officer who holds a position or	11943
has an assignment that may include undercover or plain clothes	11944
positions or assignments as determined by the peace officer's	11945
appointing authority.	11946

As used in divisions (A)(7) and (B)(9) of this section,	11947
"peace officer" has the same meaning as in section 109.71 of the	11948
Revised Code and also includes the superintendent and troopers of	11949
the state highway patrol; it does not include the sheriff of a	11950
county or a supervisory employee who, in the absence of the	11951
sheriff, is authorized to stand in for, exercise the authority of,	11952
and perform the duties of the sheriff.	11953

As used in divisions (A)(7) and (B)(5) of this section,	11954
"correctional employee" means any employee of the department of	11955
rehabilitation and correction who in the course of performing the	11956
employee's job duties has or has had contact with inmates and	11957
persons under supervision.	11958

As used in divisions (A)(7) and (B)(5) of this section,	11959
"youth services employee" means any employee of the department of	11960
youth services who in the course of performing the employee's job	11961
duties has or has had contact with children committed to the	11962
custody of the department of youth services.	11963

As used in divisions (A)(7) and (B)(9) of this section,	11964
"firefighter" means any regular, paid or volunteer, member of a	11965
lawfully constituted fire department of a municipal corporation,	11966
township, fire district, or village.	11967

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	11968
means EMTs-basic, EMTs-I, and paramedics that provide emergency	11969
medical services for a public emergency medical service	11970
organization. "Emergency medical service organization,"	11971
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	11972
section 4765.01 of the Revised Code.	11973

As used in divisions (A)(7) and (B)(9) of this section,	11974
"investigator of the bureau of criminal identification and	11975
investigation" has the meaning defined in section 2903.11 of the	11976
Revised Code.	11977

(8) "Information pertaining to the recreational activities of	11978
a person under the age of eighteen" means information that is kept	11979
in the ordinary course of business by a public office, that	11980
pertains to the recreational activities of a person under the age	11981
of eighteen years, and that discloses any of the following:	11982

(a) The address or telephone number of a person under the age	11983
of eighteen or the address or telephone number of that person's	11984
parent, guardian, custodian, or emergency contact person;	11985

(b) The social security number, birth date, or photographic	11986
image of a person under the age of eighteen;	11987

(c) Any medical record, history, or information pertaining to	11988
a person under the age of eighteen;	11989

(d) Any additional information sought or required about a	11990
person under the age of eighteen for the purpose of allowing that	11991
person to participate in any recreational activity conducted or	11992
sponsored by a public office or to use or obtain admission	11993
privileges to any recreational facility owned or operated by a	11994
public office.	11995

(9) "Community control sanction" has the same meaning as in	11996
section 2929.01 of the Revised Code.	11997

(10) "Post-release control sanction" has the same meaning as	11998
in section 2967.01 of the Revised Code.	11999

(11) "Redaction" means obscuring or deleting any information	12000
that is exempt from the duty to permit public inspection or	12001
copying from an item that otherwise meets the definition of a	12002
"record" in section 149.011 of the Revised Code.	12003

(12) "Designee" and "elected official" have the same meanings	12004
as in section 109.43 of the Revised Code.	12005

(B)(1) Upon request and subject to division (B)(8) of this	12006
section, all public records responsive to the request shall be	12007
promptly prepared and made available for inspection to any person	12008
at all reasonable times during regular business hours. Subject to	12009
division (B)(8) of this section, upon request, a public office or	12010
person responsible for public records shall make copies of the	12011
requested public record available at cost and within a reasonable	12012
period of time. If a public record contains information that is	12013
exempt from the duty to permit public inspection or to copy the	12014
public record, the public office or the person responsible for the	12015
public record shall make available all of the information within	12016
the public record that is not exempt. When making that public	12017
record available for public inspection or copying that public	12018
record, the public office or the person responsible for the public	12019
record shall notify the requester of any redaction or make the	12020
redaction plainly visible. A redaction shall be deemed a denial of	12021
a request to inspect or copy the redacted information, except if	12022
federal or state law authorizes or requires a public office to	12023
make the redaction.	12024

(2) To facilitate broader access to public records, a public	12025
office or the person responsible for public records shall organize	12026
and maintain public records in a manner that they can be made	12027
available for inspection or copying in accordance with division	12028
(B) of this section. A public office also shall have available a	12029
copy of its current records retention schedule at a location	12030
readily available to the public. If a requester makes an ambiguous	12031
or overly broad request or has difficulty in making a request for	12032
copies or inspection of public records under this section such	12033
that the public office or the person responsible for the requested	12034
public record cannot reasonably identify what public records are	12035
being requested, the public office or the person responsible for	12036
the requested public record may deny the request but shall provide	12037
the requester with an opportunity to revise the request by	12038
informing the requester of the manner in which records are	12039
maintained by the public office and accessed in the ordinary	12040
course of the public office's or person's duties.	12041

(3) If a request is ultimately denied, in part or in whole,	12042
the public office or the person responsible for the requested	12043
public record shall provide the requester with an explanation,	12044
including legal authority, setting forth why the request was	12045
denied. If the initial request was provided in writing, the	12046
explanation also shall be provided to the requester in writing.	12047
The explanation shall not preclude the public office or the person	12048
responsible for the requested public record from relying upon	12049
additional reasons or legal authority in defending an action	12050
commenced under division (C) of this section.	12051

(4) Unless specifically required or authorized by state or	12052
federal law or in accordance with division (B) of this section, no	12053
public office or person responsible for public records may limit	12054
or condition the availability of public records by requiring	12055
disclosure of the requester's identity or the intended use of the	12056
requested public record. Any requirement that the requester	12057
disclose the requestor's identity or the intended use of the	12058
requested public record constitutes a denial of the request.	12059

(5) A public office or person responsible for public records	12060
may ask a requester to make the request in writing, may ask for	12061
the requester's identity, and may inquire about the intended use	12062
of the information requested, but may do so only after disclosing	12063
to the requester that a written request is not mandatory and that	12064
the requester may decline to reveal the requester's identity or	12065
the intended use and when a written request or disclosure of the	12066
identity or intended use would benefit the requester by enhancing	12067
the ability of the public office or person responsible for public	12068
records to identify, locate, or deliver the public records sought	12069
by the requester.	12070

(6) If any person chooses to obtain a copy of a public record	12071
in accordance with division (B) of this section, the public office	12072
or person responsible for the public record may require that	12073
person to pay in advance the cost involved in providing the copy	12074
of the public record in accordance with the choice made by the	12075
person seeking the copy under this division. The public office or	12076
the person responsible for the public record shall permit that	12077
person to choose to have the public record duplicated upon paper,	12078
upon the same medium upon which the public office or person	12079
responsible for the public record keeps it, or upon any other	12080
medium upon which the public office or person responsible for the	12081
public record determines that it reasonably can be duplicated as	12082
an integral part of the normal operations of the public office or	12083
person responsible for the public record. When the person seeking	12084
the copy makes a choice under this division, the public office or	12085
person responsible for the public record shall provide a copy of	12086
it in accordance with the choice made by the person seeking the	12087
copy. Nothing in this section requires a public office or person	12088
responsible for the public record to allow the person seeking a	12089
copy of the public record to make the copies of the public record.	12090

(7) Upon a request made in accordance with division (B) of	12091
this section and subject to division (B)(6) of this section, a	12092
public office or person responsible for public records shall	12093
transmit a copy of a public record to any person by United States	12094
mail or by any other means of delivery or transmission within a	12095
reasonable period of time after receiving the request for the	12096
copy. The public office or person responsible for the public	12097
record may require the person making the request to pay in advance	12098
the cost of postage if the copy is transmitted by United States	12099
mail or the cost of delivery if the copy is transmitted other than	12100
by United States mail, and to pay in advance the costs incurred	12101
for other supplies used in the mailing, delivery, or transmission.	12102

Any public office may adopt a policy and procedures that it	12103
will follow in transmitting, within a reasonable period of time	12104
after receiving a request, copies of public records by United	12105
States mail or by any other means of delivery or transmission	12106
pursuant to this division. A public office that adopts a policy	12107
and procedures under this division shall comply with them in	12108
performing its duties under this division.	12109

In any policy and procedures adopted under this division, a	12110
public office may limit the number of records requested by a	12111
person that the office will transmit by United States mail to ten	12112
per month, unless the person certifies to the office in writing	12113
that the person does not intend to use or forward the requested	12114
records, or the information contained in them, for commercial	12115
purposes. For purposes of this division, "commercial" shall be	12116
narrowly construed and does not include reporting or gathering	12117
news, reporting or gathering information to assist citizen	12118
oversight or understanding of the operation or activities of	12119
government, or nonprofit educational research.	12120

(8) A public office or person responsible for public records	12121
is not required to permit a person who is incarcerated pursuant to	12122
a criminal conviction or a juvenile adjudication to inspect or to	12123
obtain a copy of any public record concerning a criminal	12124
investigation or prosecution or concerning what would be a	12125
criminal investigation or prosecution if the subject of the	12126
investigation or prosecution were an adult, unless the request to	12127
inspect or to obtain a copy of the record is for the purpose of	12128
acquiring information that is subject to release as a public	12129
record under this section and the judge who imposed the sentence	12130
or made the adjudication with respect to the person, or the	12131
judge's successor in office, finds that the information sought in	12132
the public record is necessary to support what appears to be a	12133
justiciable claim of the person.	12134

(9)(a) Upon written request made and signed by a journalist	12135
on or after December 16, 1999, a public office, or person	12136
responsible for public records, having custody of the records of	12137
the agency employing a specified peace officer, parole officer,	12138
probation officer, bailiff, prosecuting attorney, assistant	12139
prosecuting attorney, correctional employee, community-based	12140
correctional facility employee, youth services employee,	12141
firefighter, EMT, or investigator of the bureau of criminal	12142
identification and investigation shall disclose to the journalist	12143
the address of the actual personal residence of the peace officer,	12144
parole officer, probation officer, bailiff, prosecuting attorney,	12145
assistant prosecuting attorney, correctional employee,	12146
community-based correctional facility employee, youth services	12147
employee, firefighter, EMT, or investigator of the bureau of	12148
criminal identification and investigation and, if the peace	12149
officer's, parole officer's, probation officer's, bailiff's,	12150
prosecuting attorney's, assistant prosecuting attorney's,	12151
correctional employee's, community-based correctional facility	12152
employee's, youth services employee's, firefighter's, EMT's, or	12153
investigator of the bureau of criminal identification and	12154
investigation's spouse, former spouse, or child is employed by a	12155
public office, the name and address of the employer of the peace	12156
officer's, parole officer's, probation officer's, bailiff's,	12157
prosecuting attorney's, assistant prosecuting attorney's,	12158
correctional employee's, community-based correctional facility	12159
employee's, youth services employee's, firefighter's, EMT's, or	12160
investigator of the bureau of criminal identification and	12161
investigation's spouse, former spouse, or child. The request shall	12162
include the journalist's name and title and the name and address	12163
of the journalist's employer and shall state that disclosure of	12164
the information sought would be in the public interest.	12165

(b) Division (B)(9)(a) of this section also applies to	12166
journalist requests for customer information maintained by a	12167
municipally owned or operated public utility, other than social	12168
security numbers and any private financial information such as	12169
credit reports, payment methods, credit card numbers, and bank	12170
account information.	12171

(c) As used in division (B)(9) of this section, "journalist"	12172
means a person engaged in, connected with, or employed by any news	12173
medium, including a newspaper, magazine, press association, news	12174
agency, or wire service, a radio or television station, or a	12175
similar medium, for the purpose of gathering, processing,	12176
transmitting, compiling, editing, or disseminating information for	12177
the general public.	12178

(C)(1) If a person allegedly is aggrieved by the failure of a	12179
public office or the person responsible for public records to	12180
promptly prepare a public record and to make it available to the	12181
person for inspection in accordance with division (B) of this	12182
section or by any other failure of a public office or the person	12183
responsible for public records to comply with an obligation in	12184
accordance with division (B) of this section, the person allegedly	12185
aggrieved may commence a mandamus action to obtain a judgment that	12186
orders the public office or the person responsible for the public	12187
record to comply with division (B) of this section, that awards	12188
court costs and reasonable attorney's fees to the person that	12189
instituted the mandamus action, and, if applicable, that includes	12190
an order fixing statutory damages under division (C)(1) of this	12191
section. The mandamus action may be commenced in the court of	12192
common pleas of the county in which division (B) of this section	12193
allegedly was not complied with, in the supreme court pursuant to	12194
its original jurisdiction under Section 2 of Article IV, Ohio	12195
Constitution, or in the court of appeals for the appellate	12196
district in which division (B) of this section allegedly was not	12197
complied with pursuant to its original jurisdiction under Section	12198
3 of Article IV, Ohio Constitution.	12199

If a requestor transmits a written request by hand delivery	12200
or certified mail to inspect or receive copies of any public	12201
record in a manner that fairly describes the public record or	12202
class of public records to the public office or person responsible	12203
for the requested public records, except as otherwise provided in	12204
this section, the requestor shall be entitled to recover the	12205
amount of statutory damages set forth in this division if a court	12206
determines that the public office or the person responsible for	12207
public records failed to comply with an obligation in accordance	12208
with division (B) of this section.	12209

The amount of statutory damages shall be fixed at one hundred	12210
dollars for each business day during which the public office or	12211
person responsible for the requested public records failed to	12212
comply with an obligation in accordance with division (B) of this	12213
section, beginning with the day on which the requester files a	12214
mandamus action to recover statutory damages, up to a maximum of	12215
one thousand dollars. The award of statutory damages shall not be	12216
construed as a penalty, but as compensation for injury arising	12217
from lost use of the requested information. The existence of this	12218
injury shall be conclusively presumed. The award of statutory	12219
damages shall be in addition to all other remedies authorized by	12220
this section.	12221

The court may reduce an award of statutory damages or not	12222
award statutory damages if the court determines both of the	12223
following:	12224

(a) That, based on the ordinary application of statutory law	12225
and case law as it existed at the time of the conduct or	12226
threatened conduct of the public office or person responsible for	12227
the requested public records that allegedly constitutes a failure	12228
to comply with an obligation in accordance with division (B) of	12229
this section and that was the basis of the mandamus action, a	12230
well-informed public office or person responsible for the	12231
requested public records reasonably would believe that the conduct	12232
or threatened conduct of the public office or person responsible	12233
for the requested public records did not constitute a failure to	12234
comply with an obligation in accordance with division (B) of this	12235
section;	12236

(b) That a well-informed public office or person responsible	12237
for the requested public records reasonably would believe that the	12238
conduct or threatened conduct of the public office or person	12239
responsible for the requested public records would serve the	12240
public policy that underlies the authority that is asserted as	12241
permitting that conduct or threatened conduct.	12242

(2)(a) If the court issues a writ of mandamus that orders the	12243
public office or the person responsible for the public record to	12244
comply with division (B) of this section and determines that the	12245
circumstances described in division (C)(1) of this section exist,	12246
the court shall determine and award to the relator all court	12247
costs.	12248

(b) If the court renders a judgment that orders the public	12249
office or the person responsible for the public record to comply	12250
with division (B) of this section, the court may award reasonable	12251
attorney's fees subject to reduction as described in division	12252
(C)(2)(c) of this section. The court shall award reasonable	12253
attorney's fees, subject to reduction as described in division	12254
(C)(2)(c) of this section when either of the following applies:	12255

(i) The public office or the person responsible for the	12256
public records failed to respond affirmatively or negatively to	12257
the public records request in accordance with the time allowed	12258
under division (B) of this section.	12259

(ii) The public office or the person responsible for the	12260
public records promised to permit the relator to inspect or	12261
receive copies of the public records requested within a specified	12262
period of time but failed to fulfill that promise within that	12263
specified period of time.	12264

(c) Court costs and reasonable attorney's fees awarded under	12265
this section shall be construed as remedial and not punitive.	12266
Reasonable attorney's fees shall include reasonable fees incurred	12267
to produce proof of the reasonableness and amount of the fees and	12268
to otherwise litigate entitlement to the fees. The court may	12269
reduce an award of attorney's fees to the relator or not award	12270
attorney's fees to the relator if the court determines both of the	12271
following:	12272

(i) That, based on the ordinary application of statutory law	12273
and case law as it existed at the time of the conduct or	12274
threatened conduct of the public office or person responsible for	12275
the requested public records that allegedly constitutes a failure	12276
to comply with an obligation in accordance with division (B) of	12277
this section and that was the basis of the mandamus action, a	12278
well-informed public office or person responsible for the	12279
requested public records reasonably would believe that the conduct	12280
or threatened conduct of the public office or person responsible	12281
for the requested public records did not constitute a failure to	12282
comply with an obligation in accordance with division (B) of this	12283
section;	12284

(ii) That a well-informed public office or person responsible	12285
for the requested public records reasonably would believe that the	12286
conduct or threatened conduct of the public office or person	12287
responsible for the requested public records as described in	12288
division (C)(2)(c)(i) of this section would serve the public	12289
policy that underlies the authority that is asserted as permitting	12290
that conduct or threatened conduct.	12291

(D) Chapter 1347. of the Revised Code does not limit the	12292
provisions of this section.	12293

(E)(1) To ensure that all employees of public offices are	12294
appropriately educated about a public office's obligations under	12295
division (B) of this section, all elected officials or their	12296
appropriate designees shall attend training approved by the	12297
attorney general as provided in section 109.43 of the Revised	12298
Code. In addition, all public offices shall adopt a public records	12299
policy in compliance with this section for responding to public	12300
records requests. In adopting a public records policy under this	12301
division, a public office may obtain guidance from the model	12302
public records policy developed and provided to the public office	12303
by the attorney general under section 109.43 of the Revised Code.	12304
Except as otherwise provided in this section, the policy may not	12305
limit the number of public records that the public office will	12306
make available to a single person, may not limit the number of	12307
public records that it will make available during a fixed period	12308
of time, and may not establish a fixed period of time before it	12309
will respond to a request for inspection or copying of public	12310
records, unless that period is less than eight hours.	12311

(2) The public office shall distribute the public records	12312
policy adopted by the public office under division (E)(1) of this	12313
section to the employee of the public office who is the records	12314
custodian or records manager or otherwise has custody of the	12315
records of that office. The public office shall require that	12316
employee to acknowledge receipt of the copy of the public records	12317
policy. The public office shall create a poster that describes its	12318
public records policy and shall post the poster in a conspicuous	12319
place in the public office and in all locations where the public	12320
office has branch offices. The public office may post its public	12321
records policy on the internet web site of the public office if	12322
the public office maintains an internet web site. A public office	12323
that has established a manual or handbook of its general policies	12324
and procedures for all employees of the public office shall	12325
include the public records policy of the public office in the	12326
manual or handbook.	12327

(F)(1) The bureau of motor vehicles may adopt rules pursuant	12328
to Chapter 119. of the Revised Code to reasonably limit the number	12329
of bulk commercial special extraction requests made by a person	12330
for the same records or for updated records during a calendar	12331
year. The rules may include provisions for charges to be made for	12332
bulk commercial special extraction requests for the actual cost of	12333
the bureau, plus special extraction costs, plus ten per cent. The	12334
bureau may charge for expenses for redacting information, the	12335
release of which is prohibited by law.	12336

(2) As used in division (F)(1) of this section:

12337

(a) "Actual cost" means the cost of depleted supplies,	12338
records storage media costs, actual mailing and alternative	12339
delivery costs, or other transmitting costs, and any direct	12340
equipment operating and maintenance costs, including actual costs	12341
paid to private contractors for copying services.	12342

(b) "Bulk commercial special extraction request" means a	12343
request for copies of a record for information in a format other	12344
than the format already available, or information that cannot be	12345
extracted without examination of all items in a records series,	12346
class of records, or ~~data base~~database by a person who intends to	12347
use or forward the copies for surveys, marketing, solicitation, or	12348
resale for commercial purposes. "Bulk commercial special	12349
extraction request" does not include a request by a person who	12350
gives assurance to the bureau that the person making the request	12351
does not intend to use or forward the requested copies for	12352
surveys, marketing, solicitation, or resale for commercial	12353
purposes.	12354

(c) "Commercial" means profit-seeking production, buying, or	12355
selling of any good, service, or other product.	12356

(d) "Special extraction costs" means the cost of the time	12357
spent by the lowest paid employee competent to perform the task,	12358
the actual amount paid to outside private contractors employed by	12359
the bureau, or the actual cost incurred to create computer	12360
programs to make the special extraction. "Special extraction	12361
costs" include any charges paid to a public agency for computer or	12362
records services.	12363

(3) For purposes of divisions (F)(1) and (2) of this section,	12364
"surveys, marketing, solicitation, or resale for commercial	12365
purposes" shall be narrowly construed and does not include	12366
reporting or gathering news, reporting or gathering information to	12367
assist citizen oversight or understanding of the operation or	12368
activities of government, or nonprofit educational research.	12369

Sec. 149.60. (A) There is the local government information	12370
exchange grant program in the department of administrative	12371
services. The program shall be administered by the director of	12372
administrative services. The director shall adopt rules under	12373
Chapter 119. of the Revised Code as are necessary to administer	12374
the program. The rules shall include all of the following:	12375

(1) Grant eligibility criteria;

12376

(2) A requirement that exchange-related electronic data be	12377
posted on the internet in an open format in such a manner that the	12378
data is searchable and downloadable through the internet by the	12379
public;	12380

(3) Specifications for consistent formatting of, and	12381
specifications for accounting and technology standards for,	12382
information provided by participating local governments for	12383
inclusion in the exchange; and	12384

(4) Specifications for data that must be included by	12385
participating local governments in the information they provide,	12386
which must include budgetary data, revenues, expenditures,	12387
staffing information, and employee compensation.	12388

(B) The director shall disburse a grant of ten thousand	12389
dollars to each local government that meets the grant eligibility	12390
criteria established by the director. Grants shall be awarded to	12391
local governments in the order in which the local governments have	12392
met the grant eligibility criteria. The total amount of grants	12393
awarded shall not exceed the amount that can be funded with	12394
appropriations made by the general assembly for this purpose.	12395

(C) Not later than July 1, 2014, the director shall prepare	12396
and issue to members of the general assembly a demonstration	12397
report that does all of the following:	12398

(1) Demonstrates how the information exchange may provide	12399
local governments with insights regarding efficiency and	12400
productivity;	12401

(2) Demonstrates how the information exchange may help local	12402
governments improve services to vulnerable populations by	12403
providing insights regarding programs that benefit the poor,	12404
including general welfare support programs; and	12405

(3) Demonstrates how information exchange data may create	12406
opportunities for private sector and research institutions to	12407
provide value-added products or services that may be	12408
commercialized or create jobs, and thereby contribute to the state	12409
economy.	12410

(D) A local government that elects not to participate in the	12411
exchange or that does not meet all the grant eligibility criteria	12412
established by the director, but that does make available on the	12413
internet electronic data that is specified by the director to be	12414
included in the exchange by participating local governments, shall	12415
post the data on the internet in an open format in such a manner	12416
that the data is searchable and downloadable through the internet	12417
by the public.	12418

Sec. 151.11. (A) As used in this section:

12419

(1) "Costs of sites and facilities" includes related direct	12420
administrative expenses and allocable portions of the direct costs	12421
of those projects. "Costs of sites and facilities" includes	12422
"allowable costs" as defined in section 122.085 of the Revised	12423
Code.	12424

(2) "Obligations" means obligations as defined in section	12425
151.01 of the Revised Code issued to pay costs of sites and	12426
facilities in Ohio for and in support of industry, commerce,	12427
distribution, and research and development purposes as referred to	12428
in division (A)(3) of Section 2p of Article VIII, Ohio	12429
Constitution.	12430

(B) The issuing authority shall issue general obligations of	12431
the state to pay costs of sites and facilities pursuant to	12432
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	12433
section 151.01 of the Revised Code, and this section. The issuing	12434
authority shall issue obligations in the amount determined by the	12435
issuing authority to be required for those purposes. The total	12436
principal amount of obligations issued under this section shall	12437
not exceed one hundred fifty million dollars.	12438

(C) Net proceeds of obligations shall be deposited into the	12439
job ready site development fund created by section 122.0820 of the	12440
Revised Code.	12441

(D) There is hereby created in the state treasury the job	12442
ready site development bond service fund. All moneys received by	12443
the state and required by the bond proceedings, consistent with	12444
section 151.01 of the Revised Code and this section, to be	12445
deposited, transferred, or credited to the bond service fund, and	12446
all other moneys transferred or allocated to or received for the	12447
purposes of that fund, shall be deposited and credited to the bond	12448
service fund, subject to any applicable provisions of the bond	12449
proceedings, but without necessity for any act of appropriation.	12450
During the period beginning with the date of the first issuance of	12451
obligations and continuing during the time that any obligations	12452
are outstanding in accordance with their terms, so long as moneys	12453
in the bond service fund are insufficient to pay debt service when	12454
due on those obligations payable from that fund, except the	12455
principal amounts of bond anticipation notes payable from the	12456
proceeds of renewal notes or bonds anticipated, and due in the	12457
particular fiscal year, a sufficient amount of revenues of the	12458
state is committed and, without necessity for further act of	12459
appropriation, shall be paid to the bond service fund for the	12460
purpose of paying that debt service when due. All investment	12461
earnings on the cash balance in the fund shall be credited to the	12462
fund.	12463

Sec. 151.50. (A) There is hereby created in the state	12464
treasury the clean Ohio distribution fund. The fund shall consist	12465
of money credited to it under section 1509.73 of the Revised Code.	12466

(B) Not later than the fifth day of October each year, the	12467
director of budget and management shall determine the balance of	12468
the fund. If the balance of the fund is twenty-five million	12469
dollars or more, the director shall transfer the total balance of	12470
the fund as follows:	12471

(1) Seventy-five per cent of the money shall be credited to	12472
the clean Ohio conservation fund created in section 164.27 of the	12473
Revised Code.	12474

(2) Twelve and one-half per cent of the money shall be	12475
credited to the clean Ohio agricultural easement fund created in	12476
section 901.21 of the Revised Code.	12477

(3) Twelve and one-half per cent of the money shall be	12478
credited to the clean Ohio trail fund created in section 1519.05	12479
of the Revised Code.	12480

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	12481
152.33 of the Revised Code:	12482

(1) "Obligations" means bonds, notes, or other evidences of	12483
obligation, including interest coupons pertaining thereto, issued	12484
pursuant to sections 152.09 to 152.33 of the Revised Code.	12485

(2) "State agencies" means the state of Ohio and branches,	12486
officers, boards, commissions, authorities, departments,	12487
divisions, courts, general assembly, or other units or agencies of	12488
the state. "State agency" also includes counties, municipal	12489
corporations, and governmental entities of this state that enter	12490
into leases with the Ohio building authority pursuant to section	12491
152.31 of the Revised Code or that are designated by law as state	12492
agencies for the purpose of performing a state function that is to	12493
be housed by a capital facility for which the Ohio building	12494
authority is authorized to issue revenue obligations pursuant to	12495
sections 152.09 to 152.33 of the Revised Code.	12496

(3) "Bond service charges" means principal, including	12497
mandatory sinking fund requirements for retirement of obligations,	12498
and interest, and redemption premium, if any, required to be paid	12499
by the Ohio building authority on obligations.	12500

(4) "Capital facilities" means buildings, structures, and	12501
other improvements, and equipment, real estate, and interests in	12502
real estate therefor, within the state, and any one, part of, or	12503
combination of the foregoing, for housing of branches and agencies	12504
of state government, including capital facilities for the purpose	12505
of housing personnel, equipment, or functions, or any combination	12506
thereof that the state agencies are responsible for housing, for	12507
which the Ohio building authority is authorized to issue	12508
obligations pursuant to Chapter 152. of the Revised Code, and	12509
includes storage and parking facilities related to such capital	12510
facilities. For purposes of sections 152.10 to 152.15 of the	12511
Revised Code, "capital facilities" includes community or technical	12512
college capital facilities.	12513

(5) "Cost of capital facilities" means the costs of	12514
assessing, planning, acquiring, constructing, reconstructing,	12515
rehabilitating, remodeling, renovating, enlarging, improving,	12516
altering, maintaining, equipping, furnishing, repairing, painting,	12517
decorating, managing, or operating capital facilities, and the	12518
financing thereof, including the cost of clearance and preparation	12519
of the site and of any land to be used in connection with capital	12520
facilities, the cost of participating in capital facilities	12521
pursuant to section 152.33 of the Revised Code, the cost of any	12522
indemnity and surety bonds and premiums on insurance, all related	12523
direct administrative expenses and allocable portions of direct	12524
costs of the authority and lessee state agencies, cost of	12525
engineering and architectural services, designs, plans,	12526
specifications, surveys, and estimates of cost, legal fees, fees	12527
and expenses of trustees, depositories, and paying agents for the	12528
obligations, cost of issuance of the obligations and financing	12529
charges and fees and expenses of financial advisers and	12530
consultants in connection therewith, interest on obligations from	12531
the date thereof to the time when interest is to be covered from	12532
sources other than proceeds of obligations, amounts that represent	12533
the portion of investment earnings to be rebated or to be paid to	12534
the federal government in order to maintain the exclusion from	12535
gross income for federal income tax purposes of interest on those	12536
obligations pursuant to section 148(f) of the Internal Revenue	12537
Code, amounts necessary to establish reserves as required by the	12538
resolutions or the obligations, trust agreements, or indentures,	12539
costs of audits, the reimbursement of all moneys advanced or	12540
applied by or borrowed from any governmental entity, whether to or	12541
by the authority or others, from whatever source provided, for the	12542
payment of any item or items of cost of the capital facilities,	12543
any share of the cost undertaken by the authority pursuant to	12544
arrangements made with governmental entities under division (J) of	12545
section 152.21 of the Revised Code, and all other expenses	12546
necessary or incident to assessing, planning, or determining the	12547
feasibility or practicability with respect to capital facilities,	12548
and such other expenses as may be necessary or incident to the	12549
assessment, planning, acquisition, construction, reconstruction,	12550
rehabilitation, remodeling, renovation, enlargement, improvement,	12551
alteration, maintenance, equipment, furnishing, repair, painting,	12552
decoration, management, or operation of capital facilities, the	12553
financing thereof and the placing of the same in use and	12554
operation, including any one, part of, or combination of such	12555
classes of costs and expenses.	12556

(6) "Governmental entity" means any state agency, municipal	12557
corporation, county, township, school district, and any other	12558
political subdivision or special district in this state	12559
established pursuant to law, and, except where otherwise	12560
indicated, also means the United States or any of the states or	12561
any department, division, or agency thereof, and any agency,	12562
commission, or authority established pursuant to an interstate	12563
compact or agreement.	12564

(7) "Governing body" means:

12565

(a) In the case of a county, the board of county	12566
commissioners or other legislative authority; in the case of a	12567
municipal corporation, the legislative authority; in the case of a	12568
township, the board of township trustees; in the case of a school	12569
district, the board of education;	12570

(b) In the case of any other governmental entity, the	12571
officer, board, commission, authority, or other body having the	12572
general management of the entity or having jurisdiction or	12573
authority in the particular circumstances.	12574

(8) "Available receipts" means fees, charges, revenues,	12575
grants, subsidies, income from the investment of moneys, proceeds	12576
from the sale of goods or services, and all other revenues or	12577
receipts received by or on behalf of any state agency for which	12578
capital facilities are financed with obligations issued under	12579
Chapter 152. of the Revised Code, any state agency participating	12580
in capital facilities pursuant to section 152.33 of the Revised	12581
Code, or any state agency by which the capital facilities are	12582
constructed or financed; revenues or receipts derived by the	12583
authority from the operation, leasing, or other disposition of	12584
capital facilities, and the proceeds of obligations issued under	12585
Chapter 152. of the Revised Code; and also any moneys appropriated	12586
by a governmental entity, gifts, grants, donations, and pledges,	12587
and receipts therefrom, available for the payment of bond service	12588
charges on such obligations.	12589

(9) "Available community or technical college receipts" means	12590
all money received by a community or technical college or	12591
community or technical college district, including income,	12592
revenues, and receipts from the operation, ownership, or control	12593
of facilities, grants, gifts, donations, and pledges and receipts	12594
therefrom, receipts from fees and charges, the allocated state	12595
share of instruction as defined in section ~~3333.90~~3333.59 of the	12596
Revised Code, and the proceeds of the sale of obligations,	12597
including proceeds of obligations issued to refund obligations	12598
previously issued, but excluding any special fee, and receipts	12599
therefrom, charged pursuant to division (D) of section 154.21 of	12600
the Revised Code.	12601

(10) "Community or technical college," "college," "community	12602
or technical college district," and "district" have the same	12603
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	12604

(11) "Community or technical college capital facilities"	12605
means auxiliary facilities, education facilities, and housing and	12606
dining facilities, as those terms are defined in section 3345.12	12607
of the Revised Code, to the extent permitted to be financed by the	12608
issuance of obligations under division (A)(2) of section 3357.112	12609
of the Revised Code, that are authorized by sections 3354.121,	12610
3357.112, and 3358.10 of the Revised Code to be financed by	12611
obligations issued by a community or technical college district,	12612
and for which the Ohio building authority is authorized to issue	12613
obligations pursuant to Chapter 152. of the Revised Code, and	12614
includes any one, part of, or any combination of the foregoing,	12615
and further includes site improvements, utilities, machinery,	12616
furnishings, and any separate or connected buildings, structures,	12617
improvements, sites, open space and green space areas, utilities,	12618
or equipment to be used in, or in connection with the operation or	12619
maintenance of, or supplementing or otherwise related to the	12620
services or facilities to be provided by, such facilities.	12621

(12) "Cost of community or technical college capital	12622
facilities" means the costs of acquiring, constructing,	12623
reconstructing, rehabilitating, remodeling, renovating, enlarging,	12624
improving, equipping, or furnishing community or technical college	12625
capital facilities, and the financing thereof, including the cost	12626
of clearance and preparation of the site and of any land to be	12627
used in connection with community or technical college capital	12628
facilities, the cost of any indemnity and surety bonds and	12629
premiums on insurance, all related direct administrative expenses	12630
and allocable portions of direct costs of the authority, community	12631
or technical college or community or technical college district,	12632
cost of engineering, architectural services, design, plans,	12633
specifications and surveys, estimates of cost, legal fees, fees	12634
and expenses of trustees, depositories, bond registrars, and	12635
paying agents for the obligations, cost of issuance of the	12636
obligations and financing costs and fees and expenses of financial	12637
advisers and consultants in connection therewith, interest on the	12638
obligations from the date thereof to the time when interest is to	12639
be covered by available receipts or other sources other than	12640
proceeds of the obligations, amounts that represent the portion of	12641
investment earnings to be rebated or to be paid to the federal	12642
government in order to maintain the exclusion from gross income	12643
for federal income tax purposes of interest on those obligations	12644
pursuant to section 148(f) of the Internal Revenue Code, amounts	12645
necessary to establish reserves as required by the bond	12646
proceedings, costs of audits, the reimbursements of all moneys	12647
advanced or applied by or borrowed from the community or technical	12648
college, community or technical college district, or others, from	12649
whatever source provided, including any temporary advances from	12650
state appropriations, for the payment of any item or items of cost	12651
of community or technical college facilities, and all other	12652
expenses necessary or incident to planning or determining	12653
feasibility or practicability with respect to such facilities, and	12654
such other expenses as may be necessary or incident to the	12655
acquisition, construction, reconstruction, rehabilitation,	12656
remodeling, renovation, enlargement, improvement, equipment, and	12657
furnishing of community or technical college capital facilities,	12658
the financing thereof and the placing of them in use and	12659
operation, including any one, part of, or combination of such	12660
classes of costs and expenses.	12661

(B) Pursuant to the powers granted to the general assembly	12662
under Section 2i of Article VIII, Ohio Constitution, to authorize	12663
the issuance of revenue obligations and other obligations, the	12664
owners or holders of which are not given the right to have excises	12665
or taxes levied by the general assembly for the payment of	12666
principal thereof or interest thereon, the Ohio building authority	12667
may issue obligations, in accordance with Chapter 152. of the	12668
Revised Code, and shall cause the net proceeds thereof, after any	12669
deposits of accrued interest for the payment of bond service	12670
charges and after any deposit of all or such lesser portion as the	12671
authority may direct of the premium received upon the sale of	12672
those obligations for the payment of the bond service charges, to	12673
be applied to the costs of capital facilities designated by or	12674
pursuant to act of the general assembly for housing state agencies	12675
as authorized by Chapter 152. of the Revised Code. The authority	12676
shall provide by resolution for the issuance of such obligations.	12677
The bond service charges and all other payments required to be	12678
made by the trust agreement or indenture securing such obligations	12679
shall be payable solely from available receipts of the authority	12680
pledged thereto as provided in such resolution. The available	12681
receipts pledged and thereafter received by the authority are	12682
immediately subject to the lien of such pledge without any	12683
physical delivery thereof or further act, and the lien of any such	12684
pledge is valid and binding against all parties having claims of	12685
any kind against the authority, irrespective of whether those	12686
parties have notice thereof, and creates a perfected security	12687
interest for all purposes of Chapter 1309. of the Revised Code and	12688
a perfected lien for purposes of any real property interest, all	12689
without the necessity for separation or delivery of funds or for	12690
the filing or recording of the resolution, trust agreement,	12691
indenture, or other agreement by which such pledge is created or	12692
any certificate, statement, or other document with respect	12693
thereto; and the pledge of such available receipts is effective	12694
and the money therefrom and thereof may be applied to the purposes	12695
for which pledged. Every pledge, and every covenant and agreement	12696
made with respect to the pledge, made in the resolution may	12697
therein be extended to the benefit of the owners and holders of	12698
obligations authorized by Chapter 152. of the Revised Code, the	12699
net proceeds of which are to be applied to the costs of capital	12700
facilities, and to any trustee therefor, for the further securing	12701
of the payment of the bond service charges, and all or any rights	12702
under any agreement or lease made under this section may be	12703
assigned for such purpose. Obligations may be issued at one time	12704
or from time to time, and each issue shall be dated, shall mature	12705
at such time or times as determined by the authority not exceeding	12706
forty years from the date of issue, and may be redeemable before	12707
maturity at the option of the authority at such price or prices	12708
and under such terms and conditions as are fixed by the authority	12709
prior to the issuance of the obligations. The authority shall	12710
determine the form of the obligations, fix their denominations,	12711
establish their interest rate or rates, which may be a variable	12712
rate or rates, or the maximum interest rate, and establish within	12713
or without this state a place or places of payment of bond service	12714
charges.	12715

(C) The obligations shall be signed by the authority	12716
chairperson, vice-chairperson, and secretary-treasurer, and the	12717
authority seal shall be affixed. The signatures may be facsimile	12718
signatures and the seal affixed may be a facsimile seal, as	12719
provided by resolution of the authority. Any coupons attached may	12720
bear the facsimile signature of the chairperson. In case any	12721
officer who has signed any obligations, or caused the officer's	12722
facsimile signature to be affixed thereto, ceases to be such	12723
officer before such obligations have been delivered, such	12724
obligations may, nevertheless, be issued and delivered as though	12725
the person who had signed the obligations or caused the person's	12726
facsimile signature to be affixed thereto had not ceased to be	12727
such officer.	12728

Any obligations may be executed on behalf of the authority by	12729
an officer who, on the date of execution, is the proper officer	12730
although on the date of such obligations such person was not the	12731
proper officer.	12732

(D) All obligations issued by the authority shall have all	12733
the qualities and incidents of negotiable instruments and may be	12734
issued in coupon or in registered form, or both, as the authority	12735
determines. Provision may be made for the registration of any	12736
obligations with coupons attached thereto as to principal alone or	12737
as to both principal and interest, their exchange for obligations	12738
so registered, and for the conversion or reconversion into	12739
obligations with coupons attached thereto of any obligations	12740
registered as to both principal and interest, and for reasonable	12741
charges for such registration, exchange, conversion, and	12742
reconversion. The authority may sell its obligations in any manner	12743
and for such prices as it determines, except that the authority	12744
shall sell obligations sold at public or private sale in	12745
accordance with section 152.091 of the Revised Code.	12746

(E) The obligations of the authority, principal, interest,	12747
and any proceeds from their sale or transfer, are exempt from all	12748
taxation within this state.	12749

(F) The authority is authorized to issue revenue obligations	12750
and other obligations under Section 2i of Article VIII, Ohio	12751
Constitution, for the purpose of paying the cost of capital	12752
facilities for housing of branches and agencies of state	12753
government, including capital facilities for the purpose of	12754
housing personnel, equipment, or functions, or any combination	12755
thereof that the state agencies are responsible for housing, as	12756
are authorized by Chapter 152. of the Revised Code, and that are	12757
authorized by the general assembly by the appropriation of lease	12758
payments or other moneys for such capital facilities or by any	12759
other act of the general assembly, but not including the	12760
appropriation of moneys for feasibility studies for such capital	12761
facilities. This division does not authorize the authority to	12762
issue obligations pursuant to Section 2i of Article VIII, Ohio	12763
Constitution, to pay the cost of capital facilities for mental	12764
hygiene and retardation, parks and recreation, or state-supported	12765
or state-assisted institutions of higher education.	12766

(G) The authority is authorized to issue revenue obligations	12767
under Section 2i of Article VIII, Ohio Constitution, on behalf of	12768
a community or technical college district and shall cause the net	12769
proceeds thereof, after any deposits of accrued interest for the	12770
payment of bond service charges and after any deposit of all or	12771
such lesser portion as the authority may direct of the premium	12772
received upon the sale of those obligations for the payment of the	12773
bond service charges, to be applied to the cost of community or	12774
technical college capital facilities, provided that the issuance	12775
of such obligations is subject to the execution of a written	12776
agreement in accordance with division (C) of section ~~3333.90~~	12777
3333.59 of the Revised Code for the withholding and depositing of	12778
funds otherwise due the district, or the college it operates, in	12779
respect of its allocated state share of instruction.	12780

The authority shall provide by resolution for the issuance of	12781
such obligations. The bond service charges and all other payments	12782
required to be made by the trust agreement or indenture securing	12783
the obligations shall be payable solely from available community	12784
or technical college receipts pledged thereto as provided in the	12785
resolution. The available community or technical college receipts	12786
pledged and thereafter received by the authority are immediately	12787
subject to the lien of such pledge without any physical delivery	12788
thereof or further act, and the lien of any such pledge is valid	12789
and binding against all parties having claims of any kind against	12790
the authority, irrespective of whether those parties have notice	12791
thereof, and creates a perfected security interest for all	12792
purposes of Chapter 1309. of the Revised Code and a perfected lien	12793
for purposes of any real property interest, all without the	12794
necessity for separation or delivery of funds or for the filing or	12795
recording of the resolution, trust agreement, indenture, or other	12796
agreement by which such pledge is created or any certificate,	12797
statement, or other document with respect thereto; and the pledge	12798
of such available community or technical college receipts is	12799
effective and the money therefrom and thereof may be applied to	12800
the purposes for which pledged. Every pledge, and every covenant	12801
and agreement made with respect to the pledge, made in the	12802
resolution may therein be extended to the benefit of the owners	12803
and holders of obligations authorized by this division, and to any	12804
trustee therefor, for the further securing of the payment of the	12805
bond service charges, and all or any rights under any agreement or	12806
lease made under this section may be assigned for such purpose.	12807
Obligations may be issued at one time or from time to time, and	12808
each issue shall be dated, shall mature at such time or times as	12809
determined by the authority not exceeding forty years from the	12810
date of issue, and may be redeemable before maturity at the option	12811
of the authority at such price or prices and under such terms and	12812
conditions as are fixed by the authority prior to the issuance of	12813
the obligations. The authority shall determine the form of the	12814
obligations, fix their denominations, establish their interest	12815
rate or rates, which may be a variable rate or rates, or the	12816
maximum interest rate, and establish within or without this state	12817
a place or places of payment of bond service charges.	12818

Sec. 153.692. For every design-build contract, the public	12819
authority planning to contract for design-build services shall	12820
first obtain the services of a criteria architect or engineer by	12821
doing either of the following:	12822

(A) Contracting for the services consistent with sections	12823
153.65 to 153.70 of the Revised Code;	12824

(B) Obtaining the services through an architect or engineer	12825
who is an employee of the public authority and notifying the	12826
~~department of administrative services~~Ohio facilities construction	12827
commission before the services are performed.	12828

Sec. 154.01. As used in this chapter:

12829

(A) "Commission" means the Ohio public facilities commission	12830
created in section 151.02 of the Revised Code.	12831

(B) "Obligations" means bonds, notes, or other evidences of	12832
obligation, including interest coupons pertaining thereto, issued	12833
pursuant to Chapter 154. of the Revised Code.	12834

(C) "Bond proceedings" means the order or orders, resolution	12835
or resolutions, trust agreement, indenture, lease, and other	12836
agreements, amendments and supplements to the foregoing, or any	12837
combination thereof, authorizing or providing for the terms and	12838
conditions applicable to, or providing for the security of,	12839
obligations issued pursuant to Chapter 154. of the Revised Code,	12840
and the provisions contained in such obligations.	12841

(D) "State agencies" means the state of Ohio and officers,	12842
boards, commissions, departments, divisions, or other units or	12843
agencies of the state.	12844

(E) "Governmental agency" means state agencies, state	12845
supported and assisted institutions of higher education, municipal	12846
corporations, counties, townships, school districts, and any other	12847
political subdivision or special district in this state	12848
established pursuant to law, and, except where otherwise	12849
indicated, also means the United States or any department,	12850
division, or agency thereof, and any agency, commission, or	12851
authority established pursuant to an interstate compact or	12852
agreement.	12853

(F) "Institutions of higher education" and "state supported	12854
or state assisted institutions of higher education" means the	12855
state universities identified in section 3345.011 of the Revised	12856
Code, the northeast Ohio medical university, state universities or	12857
colleges at any time created, community college districts,	12858
university branch districts, and technical college districts at	12859
any time established or operating under Chapter 3354., 3355., or	12860
3357. of the Revised Code, and other institutions for education,	12861
including technical education, beyond the high school, receiving	12862
state support or assistance for their expenses of operation.	12863

(G) "Governing body" means:

12864

(1) In the case of institutions of higher education, the	12865
board of trustees, board of directors, commission, or other body	12866
vested by law with the general management, conduct, and control of	12867
one or more institutions of higher education;	12868

(2) In the case of a county, the board of county	12869
commissioners or other legislative body; in the case of a	12870
municipal corporation, the council or other legislative body; in	12871
the case of a township, the board of township trustees; in the	12872
case of a school district, the board of education;	12873

(3) In the case of any other governmental agency, the	12874
officer, board, commission, authority or other body having the	12875
general management thereof or having jurisdiction or authority in	12876
the particular circumstances.	12877

(H) "Person" means any person, firm, partnership,	12878
association, or corporation.	12879

(I) "Bond service charges" means principal, including	12880
mandatory sinking fund requirements for retirement of obligations,	12881
and interest, and redemption premium, if any, required to be paid	12882
by the state on obligations. If not prohibited by the applicable	12883
bond proceedings, bond service charges may include costs relating	12884
to credit enhancement facilities that are related to and	12885
represent, or are intended to provide a source of payment of or	12886
limitation on, other bond service charges.	12887

(J) "Capital facilities" means buildings, structures, and	12888
other improvements, and equipment, real estate, and interests in	12889
real estate therefor, within the state, and any one, part of, or	12890
combination of the foregoing, to serve the general purposes for	12891
which the issuing authority is authorized to issue obligations	12892
pursuant to Chapter 154. of the Revised Code, including, but not	12893
limited to, drives, roadways, parking facilities, walks, lighting,	12894
machinery, furnishings, utilities, landscaping, wharves, docks,	12895
piers, reservoirs, dams, tunnels, bridges, retaining walls,	12896
riprap, culverts, ditches, channels, watercourses, retention	12897
basins, standpipes and water storage facilities, waste treatment	12898
and disposal facilities, heating, air conditioning and	12899
communications facilities, inns, lodges, cabins, camping sites,	12900
golf courses, boat and bathing facilities, athletic and	12901
recreational facilities, and site improvements.	12902

(K) "Costs of capital facilities" means the costs of	12903
acquiring, constructing, reconstructing, rehabilitating,	12904
remodeling, renovating, enlarging, improving, equipping, or	12905
furnishing capital facilities, and the financing thereof,	12906
including the cost of clearance and preparation of the site and of	12907
any land to be used in connection with capital facilities, the	12908
cost of any indemnity and surety bonds and premiums on insurance,	12909
all related direct administrative expenses and allocable portions	12910
of direct costs of the commission or issuing authority and	12911
department of administrative services, or other designees of the	12912
commission under section 154.17 of the Revised Code, cost of	12913
engineering and architectural services, designs, plans,	12914
specifications, surveys, and estimates of cost, legal fees, fees	12915
and expenses of trustees, depositories, and paying agents for the	12916
obligations, cost of issuance of the obligations and financing	12917
charges and fees and expenses of financial advisers and	12918
consultants in connection therewith, interest on obligations,	12919
including but not limited to, interest from the date of their	12920
issuance to the time when interest is to be covered from sources	12921
other than proceeds of obligations, amounts necessary to establish	12922
reserves as required by the bond proceedings, costs of audits, the	12923
reimbursement of all moneys advanced or applied by or borrowed	12924
from any governmental agency, whether to or by the commission or	12925
others, from whatever source provided, for the payment of any item	12926
or items of cost of the capital facilities, any share of the cost	12927
undertaken by the commission pursuant to arrangements made with	12928
governmental agencies under division (H) of section 154.06 of the	12929
Revised Code, and all other expenses necessary or incident to	12930
planning or determining feasibility or practicability with respect	12931
to capital facilities, and such other expenses as may be necessary	12932
or incident to the acquisition, construction, reconstruction,	12933
rehabilitation, remodeling, renovation, enlargement, improvement,	12934
equipment, and furnishing of capital facilities, the financing	12935
thereof and the placing of the same in use and operation,	12936
including any one, part of, or combination of such classes of	12937
costs and expenses.	12938

(L) "Public service facilities" means inns, lodges, hotels,	12939
cabins, camping sites, scenic trails, picnic sites, restaurants,	12940
commissaries, golf courses, boating and bathing facilities and	12941
other similar facilities in state parks.	12942

(M) "State parks" means:

12943

(1) State reservoirs described and identified in section	12944
1541.06 of the Revised Code;	12945

(2) All lands or interests therein of the state identified as	12946
administered by the division of parks and recreation in the	12947
"inventory of state owned lands administered by the department of	12948
natural resources as of June 1, 1963," as recorded in the journal	12949
of the director, which inventory was prepared by the real estate	12950
section of the department and is supported by maps now on file in	12951
said real estate section;	12952

(3) All lands or interests in lands of the state designated	12953
after June 1, 1963, as state parks in the journal of the director	12954
with the approval of the recreation and resources council.	12955

State parks do not include any lands or interest in lands of	12956
the state administered jointly by two or more divisions of the	12957
department of natural resources. The designation of lands as state	12958
parks under divisions (M)(1) to (3) of this section is conclusive	12959
and such lands shall be under the control of and administered by	12960
the division of parks and recreation. No order or proceeding	12961
designating lands as state parks or park purchase areas is subject	12962
to any appeal or review by any officer, board, commission, or	12963
court.	12964

(N) "Bond service fund" means the applicable fund created for	12965
and pledged to the payment of bond service charges under section	12966
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	12967
all moneys and investments, and earnings from investments,	12968
credited and to be credited thereto.	12969

(O) "Improvement fund" means the applicable fund created for	12970
the payment of costs of capital facilities under section 123.201,	12971
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	12972
including all moneys and investments, and earnings from	12973
investments, credited and to be credited thereto.	12974

(P) "Special funds" or "funds" means, except where the	12975
context does not permit, the bond service funds, the improvements	12976
funds, and any other funds for similar or different purposes	12977
created under bond proceedings, including all moneys and	12978
investments, and earnings from investments, credited and to be	12979
credited thereto.	12980

(Q) "Year" unless the context indicates a different meaning	12981
or intent, means a calendar year beginning on the first day of	12982
January and ending on the thirty-first day of December.	12983

(R) "Fiscal year" means the period of twelve months beginning	12984
on the first day of July and ending on the thirtieth day of June.	12985

(S) "Issuing authority" means the treasurer of state or the	12986
officer or employee who by law performs the functions of that	12987
office.	12988

(T) "Credit enhancement facilities" has the same meaning as	12989
in section 133.01 of the Revised Code.	12990

(U) "Ohio cultural facility" and "Ohio sports facility" have	12991
the same meanings as in section ~~3383.01~~123.28 of the Revised	12992
Code.	12993

Sec. 154.17. The departments of administrative services,	12994
~~mental health~~mental health and addiction services, developmental	12995
disabilities, rehabilitation and correction, and natural	12996
resources, the Ohio board of regents, institutions of higher	12997
education, and other state officers and state agencies shall	12998
cooperate with the commission in providing services and	12999
information requested by the commission for purposes of Chapter	13000
154. of the Revised Code, and the commission may make mutually	13001
satisfactory arrangements therefor and may thereunder designate	13002
any governmental agency for the management or performance of	13003
particular functions of the commission, other than the	13004
authorization and issuance of obligations provided for in Chapter	13005
154. of the Revised Code, pursuant to which designation, upon	13006
acceptance thereof by that governmental agency, that function may	13007
be carried out with the full force and effect as if performed by	13008
the commission. Any such designation shall be made only by formal	13009
action or written agreement of the commission. In the management	13010
of capital facilities or performance of other functions with	13011
respect thereto, a governmental agency may exercise all powers	13012
which it has under law with respect to other similar facilities	13013
under its jurisdiction.	13014

Contracts relating to capital facilities shall be made in	13015
accordance with the law pertaining to the governmental agency	13016
designated under authority of this section to perform such	13017
contracting function, and in any other case shall be made in	13018
accordance with Chapter 153. of the Revised Code, for which	13019
purpose the commission shall be considered the owner, provided	13020
that the commission may assign the function of owner to the	13021
department of administrative services or other governmental agency	13022
as it determines. The commission may acquire by assignment from	13023
any governmental agency contracts which are not completed and	13024
which involve acquiring, constructing, reconstructing,	13025
rehabilitating, remodeling, renovating, enlarging, improving,	13026
equipping, or furnishing capital facilities, provided that such	13027
governmental agency has complied with the procedures prescribed by	13028
laws for its letting of such contract.	13029

No contract shall be let or assignment thereof accepted under	13030
this section involving performance in accordance with plans and	13031
specifications until such plans and specifications have been	13032
submitted to and approved by the governmental agency to have	13033
responsibility for the management of the capital facilities	13034
provided for in such plans and specifications, which approval	13035
shall be considered to be given if no approval or disapproval is	13036
communicated in writing to the commission or its designee for such	13037
purpose within sixty days following such submission of plans and	13038
specifications. Approval by such governmental agency of changes in	13039
plans and specifications is not required if the director of	13040
administrative services or the designee of the commission for such	13041
purpose shall certify that such changes do not substantially	13042
change the location, character, or extent of such capital	13043
facilities.	13044

Sec. 154.20. (A) Subject to authorization by the general	13045
assembly under section 154.02 of the Revised Code, the issuing	13046
authority may issue obligations pursuant to this chapter to pay	13047
costs of capital facilities for mental hygiene and retardation,	13048
including housing for mental hygiene and retardation patients.	13049

(B) Any capital facilities for mental hygiene or retardation,	13050
including housing for mental hygiene and retardation patients, may	13051
be leased by the commission to the department of ~~mental health,~~	13052
mental health and addiction services or the department of	13053
developmental disabilities~~, or the department of alcohol and drug~~	13054
~~addiction services~~, and other agreements may be made by the	13055
commission and any one or more of these departments with respect	13056
to the use or purchase of such capital facilities or, subject to	13057
the approval of the director of the department, the commission may	13058
lease such capital facilities to, and make or provide for other	13059
agreements with respect to the use or purchase thereof with, any	13060
governmental agency having authority under law to operate such	13061
capital facilities, and the director of the department may	13062
sublease such capital facilities to, and make other agreements	13063
with respect to the use or purchase thereof with, any such	13064
governmental agency, which may include provisions for transmittal	13065
to the mental health bond service trust fund created under	13066
division (E) of this section, by such governmental agency or by a	13067
nonprofit corporation providing mental hygiene and retardation	13068
services for or under contract with or the supervision of that	13069
governmental agency, of receipts of that agency or nonprofit	13070
corporation from charges for the treatment or care of mental	13071
hygiene and retardation patients, all upon such terms and	13072
conditions as the parties may agree upon and pursuant to this	13073
chapter, notwithstanding any other provision of law affecting the	13074
leasing, acquisition, or disposition of capital facilities by the	13075
parties.	13076

(C) For purposes of this section, "available receipts" means	13077
all receipts of the state from charges for the treatment or care	13078
of mental hygiene and retardation patients, including support	13079
payments received under Chapter 5121. of the Revised Code and	13080
moneys required to be transmitted to the mental health bond	13081
service trust fund pursuant to subleases and other agreements	13082
between any of the departments and another governmental agency	13083
pursuant to division (B) of this section as the subleases and	13084
other agreements may be further implemented for internal planning,	13085
budgeting, and accounting purposes pursuant to rules adopted by	13086
the director of ~~mental health,~~mental health and addiction	13087
services or director of developmental disabilities~~, or director of~~	13088
~~alcohol and drug addiction services~~, any revenues or receipts	13089
derived by the commission from the operation, leasing, or other	13090
disposition of capital facilities financed under this section, the	13091
proceeds of obligations issued under this section and sections	13092
154.11 and 154.12 of the Revised Code, and also means any gifts,	13093
grants, donations, and pledges, and receipts therefrom, available	13094
for the payment of bond service charges on such obligations. The	13095
issuing authority may pledge all, or such portion as that	13096
authority determines, of the available receipts to the payment of	13097
bond service charges on obligations issued under this section and	13098
under sections 154.11 and 154.12 of the Revised Code and for the	13099
establishment and maintenance of any reserves, as provided in the	13100
bond proceedings, and make other provisions therein with respect	13101
to such available receipts as authorized by this chapter, which	13102
provisions shall be controlling notwithstanding any other	13103
provision of law pertaining thereto.	13104

(D) The issuing authority may covenant in the bond	13105
proceedings that the state and state agencies shall, so long as	13106
any obligations issued under this section are outstanding, cause	13107
to be charged and collected charges for the treatment or care of	13108
mental hygiene and retardation patients sufficient in amount to	13109
provide for the payment of bond service charges on such	13110
obligations and for the establishment and maintenance of any	13111
reserves, as provided in the bond proceedings, and such covenants	13112
shall be controlling notwithstanding any other provision of law	13113
pertaining to such charges.	13114

(E) There is hereby created the mental health bond service	13115
trust fund, which shall be in the custody of the treasurer of	13116
state but shall be separate and apart from and not a part of the	13117
state treasury. All moneys received by or on account of the	13118
commission or issuing authority or state agencies and required by	13119
the applicable bond proceedings to be deposited, transferred, or	13120
credited to the fund, and all other moneys transferred or	13121
allocated to or received for the purposes of the fund, shall be	13122
deposited with the treasurer of state and credited to such fund,	13123
subject to applicable provisions of the bond proceedings, but	13124
without necessity for any act of appropriation. The mental health	13125
bond service trust fund is a trust fund and is hereby pledged to	13126
the payment of bond service charges on the obligations issued	13127
pursuant to this section and sections 154.11 and 154.12 of the	13128
Revised Code to the extent provided in the applicable bond	13129
proceedings, and payment thereof from such fund shall be made or	13130
provided for by the treasurer of state in accordance with such	13131
bond proceedings without necessity for any act of appropriation.	13132

(F) There is hereby created in the state treasury the mental	13133
health facilities improvement fund. Subject to the bond	13134
proceedings therefor, all of the proceeds of the sale of	13135
obligations pursuant to this section shall be credited to the	13136
fund, except that any accrued interest shall be credited to the	13137
mental health bond service fund. The mental health facilities	13138
improvement fund may also be comprised of gifts, grants,	13139
appropriated moneys, and other sums and securities received to the	13140
credit of such fund. All investment earnings on the cash balance	13141
in the fund shall be credited to the fund. The fund shall be	13142
applied only to the following purposes:	13143

(1) Paying costs of capital facilities for mental hygiene and	13144
retardation, including housing for mental hygiene and retardation	13145
patients, under the jurisdiction of the department of ~~mental~~	13146
~~health,~~mental health and addiction services or department of	13147
developmental disabilities~~, or department of alcohol and drug~~	13148
~~addiction services~~;	13149

(2) Participating in capital facilities for mental hygiene	13150
and retardation, including housing for mental hygiene and	13151
retardation patients, with the federal government, municipal	13152
corporations, counties, or other governmental agencies, or a	13153
nonprofit corporation specifically chartered to provide a mental	13154
health or mental retardation service when such service fulfills a	13155
public purpose, which participation may be by grants or	13156
contributions to them for such capital facilities. Except as	13157
provided in division (G) of this section, the nonprofit	13158
corporation may act in concert with a limited partnership or a	13159
limited liability company eligible to participate in the nonprofit	13160
set-aside described in section 42(h)(5) of the "Internal Revenue	13161
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	13162
finance agency's housing tax credit program for the purpose of	13163
making use of low-income housing tax credits in support of housing	13164
for mental hygiene and retardation patients.	13165

(G) A nonprofit corporation providing a mental retardation	13166
service must obtain written approval from the director of	13167
developmental disabilities before acting in concert with a limited	13168
partnership or limited liability company as described in division	13169
(F)(2) of this section. However, the director may issue one	13170
blanket approval for all such nonprofit corporations.	13171

(H) This section is to be applied with other applicable	13172
provisions of this chapter.	13173

Sec. 154.22. (A) Subject to authorization by the general	13174
assembly under section 154.02 of the Revised Code, the issuing	13175
authority may authorize and issue obligations pursuant to this	13176
chapter to pay costs of capital facilities for parks and	13177
recreation.	13178

(B) Any capital facilities for parks and recreation may be	13179
leased by the commission to the department of natural resources	13180
and other agreements may be made by the commission and such	13181
department with respect to the use or purchase of such capital	13182
facilities or, subject to the approval of the director of such	13183
department, the commission may lease such capital facilities to,	13184
and make other agreements with respect to their use or purchase	13185
with, any governmental agency having authority under law to	13186
operate such capital facilities, and the director of such	13187
department may sublease such capital facilities to, and make other	13188
agreements with respect to the use or purchase thereof with, any	13189
such governmental agency, or such director may sublease or	13190
contract for the operation of such capital facilities in	13191
accordance with the applicable provisions of sections 1501.09,	13192
1501.091, and 1501.10 of the Revised Code, all upon such terms and	13193
conditions as the parties may agree upon and pursuant to this	13194
chapter, notwithstanding any other provisions of law affecting the	13195
leasing, acquisition, or disposition of capital facilities by such	13196
parties.	13197

(C) For purposes of this section, "available receipts" means	13198
all receipts, including fees, charges, and rentals, derived or to	13199
be derived from state parks and public service facilities in any	13200
state park or parks, any other receipts of state agencies with	13201
respect to parks and recreational facilities, any revenues or	13202
receipts derived by the commission from the operation, leasing, or	13203
other disposition of capital facilities financed under this	13204
section, the proceeds of obligations issued under this section and	13205
sections 154.11 and 154.12 of the Revised Code, and also means any	13206
gifts, grants, donations, and pledges, and receipts thereon,	13207
available for the payment of bond service charges on obligations	13208
issued under this section. The issuing authority may pledge all,	13209
or such portion as it determines, of the available receipts to the	13210
payment of bond service charges on obligations issued under this	13211
section and sections 154.11 and 154.12 of the Revised Code and for	13212
the establishment and maintenance of any reserves, as provided in	13213
the bond proceedings, and make other provisions therein with	13214
respect to such available receipts as authorized by this chapter,	13215
which provisions shall be controlling notwithstanding any other	13216
provision of law pertaining thereto.	13217

(D) The issuing authority may covenant in the bond proceeding	13218
that the state and state agencies shall, so long as any	13219
obligations issued under this section are outstanding, cause to be	13220
charged and collected fees, charges, and rentals for the use of	13221
state parks and public service facilities and other fees and	13222
charges with respect to parks and recreation sufficient in amount	13223
to provide for the payment of bond service charges on such	13224
obligations and for the establishment and maintenance of any	13225
reserves as provided in the bond proceedings, and such covenants	13226
shall be controlling notwithstanding any other provision of law	13227
pertaining to such charges except any provision of law prohibiting	13228
or limiting charges for the use of swimming facilities of state	13229
parks and public service facilities by persons under sixteen years	13230
of age.	13231

(E) There is hereby created the parks and recreation bond	13232
service trust fund, which shall be in the custody of the treasurer	13233
of state but shall be separate and apart from and not a part of	13234
the state treasury. All moneys received by or on account of the	13235
commission or issuing authority or state agencies and required by	13236
the applicable bond proceedings to be deposited, transferred, or	13237
allocated to or received for the purposes of the trust fund shall	13238
be deposited with the treasurer of state and credited to such	13239
fund, subject to applicable provisions of the bond proceedings but	13240
without necessity for any act of appropriation. The trust fund is	13241
hereby pledged to the payment of bond service charges on the	13242
obligations issued pursuant to this section and sections 154.11	13243
and 154.12 of the Revised Code to the extent provided in the	13244
applicable bond proceedings, and payment thereof from such fund	13245
shall be made or provided for by the treasurer of state in	13246
accordance with such bond proceedings without necessity for any	13247
act of appropriation.	13248

(F) There is hereby created in the state treasury the parks	13249
and recreation improvement fund. Subject to the bond proceedings	13250
therefor, all of the proceeds of the sale of obligations issued	13251
pursuant to this section shall be credited to such fund, except	13252
that any accrued interest received shall be credited to the parks	13253
and recreation bond service trust fund. The parks and recreation	13254
improvement fund may also be comprised of gifts, grants,	13255
appropriated moneys, and other sums and securities received to the	13256
credit of such fund. Such fund shall be applied only to the	13257
purpose of paying costs of capital facilities for parks and	13258
recreation under the jurisdiction of the department of natural	13259
resources or for participation in capital facilities for parks and	13260
recreation with the federal government, municipal corporations,	13261
counties, or other governmental agencies, or any one or more of	13262
them, which participation may be by grants or contributions to	13263
them for such capital facilities. All investment earnings on the	13264
cash balance in the fund shall be credited to the fund.	13265

(G) All state parks shall be exclusively under the control	13266
and administration of the division of parks and recreation. With	13267
the approval of the recreation and resources council, the director	13268
of natural resources may by order remove from the classification	13269
as state parks any of the lands or interests therein referred to	13270
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	13271
subject to the limitations, provisions, and conditions in any	13272
order authorizing state park revenue bonds, in any trust agreement	13273
securing such bonds, or in bond proceedings with respect to	13274
obligations issued pursuant to this section. Lands or interests	13275
therein so removed shall be transferred to other divisions of the	13276
department for administration or may be sold as provided by law.	13277
Proceeds of any sale shall be used or transferred as provided in	13278
the order authorizing state park revenue bonds or in such trust	13279
agreement, or in bond proceedings with respect to obligations	13280
issued pursuant to this section, and if no such provision is made	13281
shall be transferred to the state park fund created by section	13282
1541.22 of the Revised Code.	13283

(H) This section shall be applied with other applicable	13284
provisions of this chapter.	13285

(I) Any instrument by which real property is acquired	13286
pursuant to this section shall identify the agency of the state	13287
that has the use and benefit of the real property as specified in	13288
section 5301.012 of the Revised Code.	13289

Sec. 154.23. (A) Subject to authorization by the general	13290
assembly under section 154.02 of the Revised Code, the issuing	13291
authority may issue obligations pursuant to this chapter to pay	13292
costs of capital facilities for Ohio cultural facilities and Ohio	13293
sports facilities.	13294

(B) The Ohio public facilities commission may lease any	13295
capital facilities for Ohio cultural facilities or Ohio sports	13296
facilities to, and make or provide for other agreements with	13297
respect to the use or purchase of such capital facilities with,	13298
the Ohio ~~cultural~~ facilities construction commission and, with the	13299
Ohio ~~cultural~~ facilities construction commission's approval, any	13300
governmental agency having authority under law to operate such	13301
capital facilities. ~~Any lease or agreement shall be subject to~~	13302
~~Chapter 3383. of the Revised Code.~~	13303

(C) For purposes of this section, "available receipts" means	13304
any revenues or receipts derived by the Ohio public facilities	13305
commission from the operation, leasing, or other disposition of	13306
capital facilities financed under this section, the proceeds of	13307
obligations issued under this section and section 154.11 or 154.12	13308
of the Revised Code, and also means any gifts, grants, donations,	13309
and pledges, and receipts thereon, available for the payment of	13310
bond service charges on obligations issued under this section. The	13311
issuing authority may pledge all, or such portion as it	13312
determines, of the available receipts to the payment of bond	13313
service charges on obligations issued under this section and	13314
section 154.11 or 154.12 of the Revised Code and for the	13315
establishment and maintenance of any reserves, as provided in the	13316
bond proceedings, and make other provisions therein with respect	13317
to such available receipts as authorized by this chapter, which	13318
provisions shall be controlling notwithstanding any other	13319
provision of law pertaining thereto.	13320

(D) There is hereby created one or more funds, as determined	13321
by the issuing authority in the bond proceedings, designated as	13322
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	13323
if more than one such fund, such further identifying name as the	13324
issuing authority determines, which shall be in the custody of the	13325
treasurer of state but shall be separate and apart from and not a	13326
part of the state treasury. All money received by or on account of	13327
the issuing authority or the Ohio ~~cultural~~ facilities construction	13328
commission and required by the applicable bond proceedings to be	13329
deposited, transferred, or credited to the Ohio cultural	13330
facilities ~~commission~~ bond service fund, and all other money	13331
transferred or allocated to or received for the purposes of that	13332
fund shall be deposited with the treasurer of state and credited	13333
to the applicable fund, subject to applicable provisions of the	13334
bond proceedings, but without necessity of any act or	13335
appropriation. The Ohio cultural facilities ~~commission~~ bond	13336
service funds are trust funds and are hereby pledged to the	13337
payment of bond service charges on the applicable obligations	13338
issued pursuant to this section and section 154.11 or 154.12 of	13339
the Revised Code to the extent provided in the applicable bond	13340
proceedings, and payment thereof from such funds shall be made or	13341
provided for by the treasurer of state in accordance with the	13342
applicable bond proceedings without necessity for any act or	13343
appropriation.	13344

(E) This section is to be applied with other applicable	13345
provisions of this chapter.	13346

Sec. 154.25. (A) As used in this section:

13347

(1) "Available community or technical college receipts" means	13348
all money received by a community or technical college or	13349
community or technical college district, including income,	13350
revenues, and receipts from the operation, ownership, or control	13351
of facilities, grants, gifts, donations, and pledges and receipts	13352
therefrom, receipts from fees and charges, the allocated state	13353
share of instruction as defined in section ~~3333.90~~3333.59 of the	13354
Revised Code, and the proceeds of the sale of obligations,	13355
including proceeds of obligations issued to refund obligations	13356
previously issued, but excluding any special fee, and receipts	13357
therefrom, charged pursuant to division (D) of section 154.21 of	13358
the Revised Code.	13359

(2) "Community or technical college," "college," "community	13360
or technical college district," and "district" have the same	13361
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	13362

(3) "Community or technical college capital facilities" means	13363
auxiliary facilities, education facilities, and housing and dining	13364
facilities, as those terms are defined in section 3345.12 of the	13365
Revised Code, to the extent permitted to be financed by the	13366
issuance of obligations under division (A)(2) of section 3357.112	13367
of the Revised Code, that are authorized by sections 3354.121,	13368
3357.112, and 3358.10 of the Revised Code to be financed by	13369
obligations issued by a community or technical college district,	13370
and for which the issuing authority is authorized to issue	13371
obligations pursuant to this section, and includes any one, part	13372
of, or any combination of the foregoing, and further includes site	13373
improvements, utilities, machinery, furnishings, and any separate	13374
or connected buildings, structures, improvements, sites, open	13375
space and green space areas, utilities, or equipment to be used	13376
in, or in connection with the operation or maintenance of, or	13377
supplementing or otherwise related to the services or facilities	13378
to be provided by, such facilities.	13379

(4) "Cost of community or technical college capital	13380
facilities" means the costs of acquiring, constructing,	13381
reconstructing, rehabilitating, remodeling, renovating, enlarging,	13382
improving, equipping, or furnishing community or technical college	13383
capital facilities, and the financing thereof, including the cost	13384
of clearance and preparation of the site and of any land to be	13385
used in connection with community or technical college capital	13386
facilities, the cost of any indemnity and surety bonds and	13387
premiums on insurance, all related direct administrative expenses	13388
and allocable portions of direct costs of the commission and the	13389
issuing authority, community or technical college or community or	13390
technical college district, cost of engineering, architectural	13391
services, design, plans, specifications and surveys, estimates of	13392
cost, legal fees, fees and expenses of trustees, depositories,	13393
bond registrars, and paying agents for obligations, cost of	13394
issuance of obligations and financing costs and fees and expenses	13395
of financial advisers and consultants in connection therewith,	13396
interest on obligations from the date thereof to the time when	13397
interest is to be covered by available receipts or other sources	13398
other than proceeds of those obligations, amounts necessary to	13399
establish reserves as required by the bond proceedings, costs of	13400
audits, the reimbursements of all moneys advanced or applied by or	13401
borrowed from the community or technical college, community or	13402
technical college district, or others, from whatever source	13403
provided, including any temporary advances from state	13404
appropriations, for the payment of any item or items of cost of	13405
community or technical college facilities, and all other expenses	13406
necessary or incident to planning or determining feasibility or	13407
practicability with respect to such facilities, and such other	13408
expenses as may be necessary or incident to the acquisition,	13409
construction, reconstruction, rehabilitation, remodeling,	13410
renovation, enlargement, improvement, equipment, and furnishing of	13411
community or technical college capital facilities, the financing	13412
thereof and the placing of them in use and operation, including	13413
any one, part of, or combination of such classes of costs and	13414
expenses.	13415

(5) "Capital facilities" includes community or technical	13416
college capital facilities.	13417

(6) "Obligations" has the same meaning as in section 154.01	13418
or 3345.12 of the Revised Code, as the context requires.	13419

(B) The issuing authority is authorized to issue revenue	13420
obligations under Section 2i of Article VIII, Ohio Constitution,	13421
on behalf of a community or technical college district and shall	13422
cause the net proceeds thereof, after any deposits of accrued	13423
interest for the payment of bond service charges and after any	13424
deposit of all or such lesser portion as the issuing authority may	13425
direct of the premium received upon the sale of those obligations	13426
for the payment of the bond service charges, to be applied to the	13427
cost of community or technical college capital facilities,	13428
provided that the issuance of such obligations is subject to the	13429
execution of a written agreement in accordance with division (C)	13430
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	13431
and depositing of funds otherwise due the district, or the college	13432
it operates, in respect of its allocated state share of	13433
instruction.	13434

(C) The bond service charges and all other payments required	13435
to be made by the trust agreement or indenture securing the	13436
obligations shall be payable solely from available community or	13437
technical college receipts pledged thereto as provided in the	13438
resolution. The available community or technical college receipts	13439
pledged and thereafter received by the commission are immediately	13440
subject to the lien of such pledge without any physical delivery	13441
thereof or further act, and the lien of any such pledge is valid	13442
and binding against all parties having claims of any kind against	13443
the authority, irrespective of whether those parties have notice	13444
thereof, and creates a perfected security interest for all	13445
purposes of Chapter 1309. of the Revised Code and a perfected lien	13446
for purposes of any real property interest, all without the	13447
necessity for separation or delivery of funds or for the filing or	13448
recording of the resolution, trust agreement, indenture, or other	13449
agreement by which such pledge is created or any certificate,	13450
statement, or other document with respect thereto; and the pledge	13451
of such available community or technical college receipts is	13452
effective and the money therefrom and thereof may be applied to	13453
the purposes for which pledged. Every pledge, and every covenant	13454
and agreement made with respect to the pledge, made in the	13455
resolution may therein be extended to the benefit of the owners	13456
and holders of obligations authorized by this section, and to any	13457
trustee therefor, for the further securing of the payment of the	13458
bond service charges, and all or any rights under any agreement or	13459
lease made under this section may be assigned for such purpose.	13460

(D) This section is to be applied with other applicable	13461
provisions of this chapter.	13462

Sec. 156.02. The executive director of ~~administrative~~	13463
~~services~~the Ohio facilities construction commission may contract	13464
with an energy or a water services company, architect,	13465
professional engineer, contractor, or other person experienced in	13466
the design and implementation of energy or water conservation	13467
measures for a report containing an analysis and recommendations	13468
pertaining to the implementation of energy or water conservation	13469
measures that result in energy, water, or wastewater cost savings,	13470
operating cost savings, or avoided capital costs for the	13471
institution. The report shall include estimates of all costs of	13472
such installations, including the costs of design, engineering,	13473
installation, maintenance, repairs, and debt service, and	13474
estimates of the energy, water, or wastewater cost savings,	13475
operating cost savings, and avoided capital costs created.	13476

Sec. 156.03. (A) If the executive director of ~~administrative~~	13477
~~services~~the Ohio facilities construction commission wishes to	13478
enter into an installment payment contract pursuant to section	13479
156.04 of the Revised Code or any other contract to implement one	13480
or more energy or water saving measures, the executive director	13481
may proceed under Chapter 153. of the Revised Code, or,	13482
alternatively, the executive director may request the controlling	13483
board to exempt the contract from Chapter 153. of the Revised	13484
Code.	13485

If the controlling board by a majority vote approves an	13486
exemption, that chapter shall not apply to the contract and	13487
instead the executive director shall request proposals from at	13488
least three parties for the implementation of the energy or water	13489
saving measures. Prior to providing any interested party a copy of	13490
any such request, the executive director shall advertise, in a	13491
newspaper of general circulation in the county where the contract	13492
is to be performed, and may advertise by electronic means pursuant	13493
to rules adopted by the executive director, the executive	13494
director's intent to request proposals for the implementation of	13495
the energy or water saving measures. The notice shall invite	13496
interested parties to submit proposals for consideration and shall	13497
be published at least thirty days prior to the date for accepting	13498
proposals.	13499

(B) Upon receiving the proposals, the executive director	13500
shall analyze them and, after considering the cost estimates of	13501
each proposal and the availability of funds to pay for each with	13502
current appropriations or by financing the cost of each through an	13503
installment payment contract under section 156.04 of the Revised	13504
Code, may select one or more proposals or reject all proposals. In	13505
selecting proposals, the executive director shall select the one	13506
or more proposals most likely to result in the greatest energy,	13507
water, or wastewater savings, operating costs savings, and avoided	13508
capital costs created.	13509

(C) No contract shall be awarded to implement energy or water	13510
saving measures under this section, unless the executive director	13511
finds that both of the following circumstances exists:	13512

(1) Not less than one-fifteenth of the costs of the contract	13513
shall be paid within two years from the date of purchase;	13514

(2) In the case of a contract for a cogeneration system	13515
described in division (B)(8) of section 156.01 of the Revised	13516
Code, the remaining balance of the cost of the contract shall be	13517
paid within twenty years from the date of purchase, and, in the	13518
case of all other contracts, fifteen years.	13519

Sec. 156.04. (A) In accordance with this section and section	13520
156.03 of the Revised Code, the executive director of	13521
~~administrative services~~the Ohio facilities construction	13522
commission may enter into an installment payment contract for the	13523
implementation of one or more energy or water saving measures. If	13524
the executive director wishes an installment payment contract to	13525
be exempted from Chapter 153. of the Revised Code, the executive	13526
director shall proceed pursuant to section 156.03 of the Revised	13527
Code.	13528

(B) Any installment payment contract under this section shall	13529
provide that all payments, except payments for repairs and	13530
obligations on termination of the contract prior to its	13531
expiration, are to be a stated percentage of calculated energy,	13532
water, or wastewater cost savings, operating costs, and avoided	13533
capital costs attributable to the one or more measures over a	13534
defined period of time and are to be made only to the extent that	13535
those calculated amounts actually occur. No such contract shall	13536
contain either of the following:	13537

(1) A requirement of any additional capital investment or	13538
contribution of funds, other than funds available from state or	13539
federal grants;	13540

(2) In the case of a contract for a cogeneration system	13541
described in division (B)(8) of section 156.01 of the Revised	13542
Code, a payment term longer than twenty years, and, in the case of	13543
all other contracts, a payment term longer than fifteen years.	13544

(C) Any installment payment contract entered into under this	13545
section shall terminate no later than the last day of the fiscal	13546
biennium for which funds have been appropriated to the ~~department~~	13547
~~of administrative services~~Ohio facilities construction commission	13548
by the general assembly and shall be renewed in each succeeding	13549
fiscal biennium in which any balance of the contract remains	13550
unpaid, provided that both an appropriation for that succeeding	13551
fiscal biennium and the certification required by section 126.07	13552
of the Revised Code are made.	13553

(D) Any installment payment contract entered into under this	13554
section shall be eligible for financing provided through the Ohio	13555
air quality development authority under Chapter 3706. of the	13556
Revised Code.	13557

Sec. 156.05. In accordance with Chapter 119. of the Revised	13558
Code, the executive director of ~~administrative services~~the Ohio	13559
facilities construction commission shall adopt, and enforce rules	13560
necessary to administer sections 156.01 to 156.04 of the Revised	13561
Code. Rules adopted under this section shall establish procedures	13562
by which the executive director may authorize in ~~his~~the executive	13563
director's stead the manager of any building owned by the state to	13564
enter into contracts authorized under sections 156.01 to 156.04 of	13565
the Revised Code.	13566

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	13567
created in the state treasury. Seventy-five per cent of the net	13568
proceeds of obligations issued and sold by the issuing authority	13569
pursuant to sections 151.01 and 151.09 of the Revised Code shall	13570
be deposited into the fund. The fund also shall consist of money	13571
credited to it under section 151.50 of the Revised Code.	13572
Investment earnings of the fund shall be credited to the fund and	13573
may be used to pay costs incurred by the Ohio public works	13574
commission in administering sections 164.20 to 164.27 of the	13575
Revised Code. Moneys in the clean Ohio conservation fund shall be	13576
used to make grants to local political subdivisions and nonprofit	13577
organizations for projects that have been approved for grants	13578
under sections 164.20 to 164.27 of the Revised Code.	13579

The clean Ohio conservation fund shall be administered by the	13580
Ohio public works commission.	13581

(B) For the purpose of grants issued under sections 164.20 to	13582
164.27 of the Revised Code, moneys shall be allocated on an annual	13583
basis from the clean Ohio conservation fund to districts	13584
represented by natural resources assistance councils as follows:	13585

(1) Each district shall receive an amount that is equal to	13586
one-fourth of one per cent of the total annual amount allocated to	13587
all districts each year for each county that is represented by the	13588
district.	13589

(2) The remaining moneys shall be allocated to each district	13590
annually on a per capita basis.	13591

(C) A grant that is awarded under sections 164.20 to 164.27	13592
of the Revised Code may provide up to seventy-five per cent of the	13593
estimated cost of a project. Matching funds from a grant recipient	13594
may consist of contributions of money by any person, any local	13595
political subdivision, or the federal government or of	13596
contributions in-kind by such entities through the purchase or	13597
donation of equipment, land, easements, interest in land, labor,	13598
or materials necessary to complete the project.	13599

(D) The director of the Ohio public works commission shall	13600
notify the director of budget and management of the amounts	13601
allocated pursuant to this section, and that information shall be	13602
entered in the state accounting system. The director of budget and	13603
management may establish appropriate line items or other	13604
mechanisms that are needed to track the allocations.	13605

(E) Grants awarded under sections 164.20 to 164.27 of the	13606
Revised Code from the clean Ohio conservation fund shall be used	13607
by a local political subdivision or nonprofit organization only to	13608
pay the costs related to the purposes for which grants may be	13609
issued under section 164.22 of the Revised Code and shall not be	13610
used by a local political subdivision or nonprofit organization to	13611
pay any administrative costs incurred by the local political	13612
subdivision or nonprofit organization.	13613

Sec. 166.02. (A) The general assembly finds that many local	13614
areas throughout the state are experiencing economic stagnation or	13615
decline, and that the economic development programs provided for	13616
in this chapter will constitute deserved, necessary reinvestment	13617
by the state in those areas, materially contribute to their	13618
economic revitalization, and result in improving the economic	13619
welfare of all the people of the state. Accordingly, it is	13620
declared to be the public policy of the state, through the	13621
operations of this chapter and other applicable laws adopted	13622
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	13623
and other authority vested in the general assembly, to assist in	13624
and facilitate the establishment or development of eligible	13625
projects or assist and cooperate with any governmental agency in	13626
achieving such purpose.	13627

(B) In furtherance of such public policy and to implement	13628
such purpose, the director of development may:	13629

(1) After consultation with appropriate governmental	13630
agencies, enter into agreements with persons engaged in industry,	13631
commerce, distribution, or research and with governmental agencies	13632
to induce such persons to acquire, construct, reconstruct,	13633
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	13634
otherwise develop, eligible projects and make provision therein	13635
for project facilities and governmental actions, as authorized by	13636
this chapter and other applicable laws, subject to any required	13637
actions by the general assembly or the controlling board and	13638
subject to applicable local government laws and regulations;	13639

(2) Provide for the guarantees and loans as provided for in	13640
sections 166.06 and 166.07 of the Revised Code;	13641

(3) Subject to release of such moneys by the controlling	13642
board, contract for labor and materials needed for, or contract	13643
with others, including governmental agencies, to provide, project	13644
facilities the allowable costs of which are to be paid for or	13645
reimbursed from moneys in the facilities establishment fund, and	13646
contract for the operation of such project facilities;	13647

(4) Subject to release thereof by the controlling board, from	13648
moneys in the facilities establishment fund acquire or contract to	13649
acquire by gift, exchange, or purchase, including the obtaining	13650
and exercise of purchase options, property, and convey or	13651
otherwise dispose of, or provide for the conveyance or disposition	13652
of, property so acquired or contracted to be acquired by sale,	13653
exchange, lease, lease purchase, conditional or installment sale,	13654
transfer, or other disposition, including the grant of an option	13655
to purchase, to any governmental agency or to any other person	13656
without necessity for competitive bidding and upon such terms and	13657
conditions and manner of consideration pursuant to and as the	13658
director determines to be appropriate to satisfy the objectives of	13659
sections 166.01 to 166.11 of the Revised Code;	13660

(5) Retain the services of or employ financial consultants,	13661
appraisers, consulting engineers, superintendents, managers,	13662
construction and accounting experts, attorneys, and employees,	13663
agents, and independent contractors as are necessary in the	13664
director's judgment and fix the compensation for their services;	13665

(6) Receive and accept from any person grants, gifts, and	13666
contributions of money, property, labor, and other things of	13667
value, to be held, used and applied only for the purpose for which	13668
such grants, gifts, and contributions are made;	13669

(7) Enter into appropriate arrangements and agreements with	13670
any governmental agency for the taking or provision by that	13671
governmental agency of any governmental action;	13672

(8) Do all other acts and enter into contracts and execute	13673
all instruments necessary or appropriate to carry out the	13674
provisions of this chapter;	13675

(9) Adopt rules to implement any of the provisions of this	13676
chapter applicable to the director.	13677

(C) The determinations by the director that facilities	13678
constitute eligible projects, that facilities are project	13679
facilities, that costs of such facilities are allowable costs, and	13680
all other determinations relevant thereto or to an action taken or	13681
agreement entered into shall be conclusive for purposes of the	13682
validity and enforceability of rights of parties arising from	13683
actions taken and agreements entered into under this chapter.	13684

(D) Except as otherwise prescribed in this chapter, all	13685
expenses and obligations incurred by the director in carrying out	13686
the director's powers and in exercising the director's duties	13687
under this chapter, shall be payable solely from, as appropriate,	13688
moneys in the facilities establishment fund, the loan guarantee	13689
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	13690
loan fund, the research and development loan fund, the logistics	13691
and distribution infrastructure fund, ~~the logistics and~~	13692
~~distribution infrastructure taxable bond fund,~~ or moneys	13693
appropriated for such purpose by the general assembly. This	13694
chapter does not authorize the director or the issuing authority	13695
under section 166.08 of the Revised Code to incur bonded	13696
indebtedness of the state or any political subdivision thereof, or	13697
to obligate or pledge moneys raised by taxation for the payment of	13698
any bonds or notes issued or guarantees made pursuant to this	13699
chapter.	13700

(E) Any governmental agency may enter into an agreement with	13701
the director, any other governmental agency, or a person to be	13702
assisted under this chapter, to take or provide for the purposes	13703
of this chapter any governmental action it is authorized to take	13704
or provide, and to undertake on behalf and at the request of the	13705
director any action which the director is authorized to undertake	13706
pursuant to divisions (B)(3), (4), and (5) of this section or	13707
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	13708
Code. Governmental agencies of the state shall cooperate with and	13709
provide assistance to the director of development and the	13710
controlling board in the exercise of their respective functions	13711
under this chapter.	13712

Sec. 166.03. (A) There is hereby created the facilities	13713
establishment fund within the state treasury, consisting of	13714
proceeds from the issuance of obligations as specified under	13715
section 166.08 of the Revised Code; the moneys received by the	13716
state from the sources specified in section 166.09 of the Revised	13717
Code; service charges imposed under sections 166.06 and 166.07 of	13718
the Revised Code; any grants, gifts, or contributions of moneys	13719
received by the director of development services to be used for	13720
loans made under section 166.07 of the Revised Code or for the	13721
payment of the allowable costs of project facilities; and all	13722
other moneys appropriated or transferred to the fund. Moneys in	13723
the loan guarantee fund in excess of the loan guarantee reserve	13724
requirement, but subject to the provisions and requirements of any	13725
guarantee contracts, may be transferred to the facilities	13726
establishment fund by the treasurer of state upon the order of the	13727
director of development services. Moneys received by the state	13728
under Chapter 122. of the Revised Code, to the extent allocable to	13729
the utilization of moneys derived from proceeds of the sale of	13730
obligations pursuant to section 166.08 of the Revised Code, shall	13731
be credited to the facilities establishment fund. All investment	13732
earnings on the cash balance in the fund shall be credited to the	13733
fund.	13734

(B) All moneys appropriated or transferred to the facilities	13735
establishment fund may be released at the request of the director	13736
of development services for payment of allowable costs or the	13737
making of loans under section 166.07 of the Revised Code, for	13738
transfer to the loan guarantee fund established in section 166.06	13739
of the Revised Code, or for use for the purpose of or transfer to	13740
the funds established by sections 122.35, 122.42, 122.54, 122.55,	13741
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	13742
and, until July 1, 2003, the fund established by section 166.031	13743
of the Revised Code, and, until July 1, 2007, the fund established	13744
by section 122.26 of the Revised Code, but only for such of those	13745
purposes as are within the authorization of Section 13 of Article	13746
VIII, Ohio Constitution, in all cases subject to the approval of	13747
the controlling board.	13748

(C) The ~~department of~~ development services agency, in the	13749
administration of the facilities establishment fund, is encouraged	13750
to utilize and promote the utilization of, to the maximum	13751
practicable extent, the other existing programs, business	13752
incentives, and tax incentives that department is required or	13753
authorized to administer or supervise.	13754

Sec. 166.04. (A) Prior to entering into each agreement to	13755
provide assistance under sections 166.02, 166.06, and 166.07 of	13756
the Revised Code, the director of development services shall	13757
determine whether the assistance will conform to the requirements	13758
of sections 166.01 to 166.11 of the Revised Code. Such	13759
determination, and the facts upon which it is based, shall be set	13760
forth, where required, by the director in submissions made to the	13761
controlling board when the director seeks a release of moneys	13762
under section 166.02 of the Revised Code. An agreement to provide	13763
assistance under sections 166.02, 166.06, and 166.07 of the	13764
Revised Code shall set forth such determination, which shall be	13765
conclusive for purposes of the validity and enforceability of such	13766
agreement and any loan guarantees, loans, or other agreements	13767
entered into pursuant to such agreement to provide assistance.	13768

(B) Whenever a person applies for financial assistance under	13769
sections 166.02, 166.06, and 166.07 of the Revised Code and the	13770
project for which assistance is requested is to relocate	13771
facilities that are currently being operated by the person and	13772
that are located in another county, municipal corporation, or	13773
township, the ~~director~~person shall provide written notification	13774
of the relocation to the appropriate local governmental bodies ~~and~~	13775
~~state officials~~. ~~The~~Prior to entering into an agreement to	13776
provide the assistance, the director shall verify that such	13777
notification ~~shall contain the following information:~~	13778

~~(1) The name of the person applying for financial assistance;~~

13779

~~(2) The county, and the municipal corporation or township, in~~	13780
~~which the project for which assistance is requested is located;~~	13781
~~and~~	13782

~~(3) The county, and the municipal corporation or township, in~~	13783
~~which the facility to be replaced is located~~has been provided.	13784

13785

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	13786
means:	13787

~~(a)~~(1) The ~~boards~~board of county commissioners or	13788
legislative ~~authorities~~authority of the county in which the	13789
~~project for which assistance is requested is located and of the~~	13790
~~county in which the~~ facility to be replaced is located;	13791

~~(b)~~(2) The legislative authority of the municipal corporation	13792
or the board of township trustees of the township in which the	13793
~~project for which assistance is requested is located; and~~	13794

~~(c) The legislative authority of the municipal corporation or~~	13795
~~the board of township trustees of the township in which the~~	13796
facility to be replaced is located.	13797

~~(2) "State officials" means:~~

13798

~~(a) The state representative and state senator in whose~~	13799
~~districts the project for which assistance is requested is~~	13800
~~located;~~	13801

~~(b) The state representative and state senator in whose~~	13802
~~districts the facility to be replaced is located.~~	13803

Sec. 166.08. (A) As used in this chapter:

13804

(1) "Bond proceedings" means the resolution, order, trust	13805
agreement, indenture, lease, and other agreements, amendments and	13806
supplements to the foregoing, or any one or more or combination	13807
thereof, authorizing or providing for the terms and conditions	13808
applicable to, or providing for the security or liquidity of,	13809
obligations issued pursuant to this section, and the provisions	13810
contained in such obligations.	13811

(2) "Bond service charges" means principal, including	13812
mandatory sinking fund requirements for retirement of obligations,	13813
and interest, and redemption premium, if any, required to be paid	13814
by the state on obligations.	13815

(3) "Bond service fund" means the applicable fund and	13816
accounts therein created for and pledged to the payment of bond	13817
service charges, which may be, or may be part of, the economic	13818
development bond service fund created by division (S) of this	13819
section including all moneys and investments, and earnings from	13820
investments, credited and to be credited thereto.	13821

(4) "Issuing authority" means the treasurer of state, or the	13822
officer who by law performs the functions of such officer.	13823

(5) "Obligations" means bonds, notes, or other evidence of	13824
obligation including interest coupons pertaining thereto, issued	13825
pursuant to this section.	13826

(6) "Pledged receipts" means all receipts of the state	13827
representing the gross profit on the sale of spirituous liquor, as	13828
referred to in division (B)(4) of section 4301.10 of the Revised	13829
Code, after paying all costs and expenses of the division of	13830
liquor control and providing an adequate working capital reserve	13831
for the division of liquor control as provided in that division,	13832
but excluding the sum required by the second paragraph of section	13833
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	13834
paid into the state treasury; moneys accruing to the state from	13835
the lease, sale, or other disposition, or use, of project	13836
facilities, and from the repayment, including interest, of loans	13837
made from proceeds received from the sale of obligations; accrued	13838
interest received from the sale of obligations; income from the	13839
investment of the special funds; and any gifts, grants, donations,	13840
and pledges, and receipts therefrom, available for the payment of	13841
bond service charges.	13842

(7) "Special funds" or "funds" means, except where the	13843
context does not permit, the bond service fund, and any other	13844
funds, including reserve funds, created under the bond	13845
proceedings, and the economic development bond service fund	13846
created by division (S) of this section to the extent provided in	13847
the bond proceedings, including all moneys and investments, and	13848
earnings from investment, credited and to be credited thereto.	13849

(B) Subject to the limitations provided in section 166.11 of	13850
the Revised Code, the issuing authority, upon the certification by	13851
the director of development or, with respect to eligible advanced	13852
energy projects, the Ohio air quality development authority to the	13853
issuing authority of the amount of moneys or additional moneys	13854
needed in the facilities establishment fund, the loan guarantee	13855
fund, the innovation Ohio loan fund, the innovation Ohio loan	13856
guarantee fund, the research and development loan fund, the	13857
logistics and distribution infrastructure fund, ~~the logistics and~~	13858
~~distribution infrastructure taxable bond fund,~~ the advanced energy	13859
research and development fund, or the advanced energy research and	13860
development taxable fund, as applicable, for the purpose of	13861
paying, or making loans for, allowable costs from the facilities	13862
establishment fund, allowable innovation costs from the innovation	13863
Ohio loan fund, allowable costs from the research and development	13864
loan fund, allowable costs from the logistics and distribution	13865
infrastructure fund, ~~allowable costs from the logistics and~~	13866
~~distribution infrastructure taxable bond fund,~~ allowable costs	13867
from the advanced energy research and development fund, or	13868
allowable costs from the advanced energy research and development	13869
taxable fund, as applicable, or needed for capitalized interest,	13870
for funding reserves, and for paying costs and expenses incurred	13871
in connection with the issuance, carrying, securing, paying,	13872
redeeming, or retirement of the obligations or any obligations	13873
refunded thereby, including payment of costs and expenses relating	13874
to letters of credit, lines of credit, insurance, put agreements,	13875
standby purchase agreements, indexing, marketing, remarketing and	13876
administrative arrangements, interest swap or hedging agreements,	13877
and any other credit enhancement, liquidity, remarketing, renewal,	13878
or refunding arrangements, all of which are authorized by this	13879
section, or providing moneys for the loan guarantee fund or the	13880
innovation Ohio loan guarantee fund, as provided in this chapter	13881
or needed for the purposes of funds established in accordance with	13882
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	13883
122.561, 122.57, and 122.80 of the Revised Code which are within	13884
the authorization of Section 13 of Article VIII, Ohio	13885
Constitution, or, with respect to certain eligible advanced energy	13886
projects, Section 2p of Article VIII, Ohio Constitution, shall	13887
issue obligations of the state under this section in the required	13888
amount; provided that such obligations may be issued to satisfy	13889
the covenants in contracts of guarantee made under section 166.06	13890
or 166.15 of the Revised Code, notwithstanding limitations	13891
otherwise applicable to the issuance of obligations under this	13892
section. The proceeds of such obligations, except for the portion	13893
to be deposited in special funds, including reserve funds, as may	13894
be provided in the bond proceedings, shall as provided in the bond	13895
proceedings be deposited by the director of development to the	13896
facilities establishment fund, the loan guarantee fund, the	13897
innovation Ohio loan guarantee fund, the innovation Ohio loan	13898
fund, the research and development loan fund, or the logistics and	13899
distribution infrastructure fund, ~~or the logistics and~~	13900
~~distribution infrastructure taxable bond fund,~~ or be deposited by	13901
the Ohio air quality development authority to the advanced energy	13902
research and development fund or the advanced energy research and	13903
development taxable fund. Bond proceedings for project financing	13904
obligations may provide that the proceeds derived from the	13905
issuance of such obligations shall be deposited into such fund or	13906
funds provided for in the bond proceedings and, to the extent	13907
provided for in the bond proceedings, such proceeds shall be	13908
deemed to have been deposited into the facilities establishment	13909
fund and transferred to such fund or funds. The issuing authority	13910
may appoint trustees, paying agents, and transfer agents and may	13911
retain the services of financial advisors, accounting experts, and	13912
attorneys, and retain or contract for the services of marketing,	13913
remarketing, indexing, and administrative agents, other	13914
consultants, and independent contractors, including printing	13915
services, as are necessary in the issuing authority's judgment to	13916
carry out this section. The costs of such services are allowable	13917
costs payable from the facilities establishment fund or the	13918
research and development loan fund, allowable innovation costs	13919
payable from the innovation Ohio loan fund, or allowable costs	13920
payable from the logistics and distribution infrastructure fund,	13921
~~the logistics and distribution infrastructure taxable bond fund,~~	13922
the advanced energy research and development fund, or the advanced	13923
energy research and development taxable fund, as applicable.	13924

(C) The holders or owners of such obligations shall have no	13925
right to have moneys raised by taxation obligated or pledged, and	13926
moneys raised by taxation shall not be obligated or pledged, for	13927
the payment of bond service charges. Such holders or owners shall	13928
have no rights to payment of bond service charges from any moneys	13929
accruing to the state from the lease, sale, or other disposition,	13930
or use, of project facilities, or from payment of the principal of	13931
or interest on loans made, or fees charged for guarantees made, or	13932
from any money or property received by the director, treasurer of	13933
state, or the state under Chapter 122. of the Revised Code, or	13934
from any other use of the proceeds of the sale of the obligations,	13935
and no such moneys may be used for the payment of bond service	13936
charges, except for accrued interest, capitalized interest, and	13937
reserves funded from proceeds received upon the sale of the	13938
obligations and except as otherwise expressly provided in the	13939
applicable bond proceedings pursuant to written directions by the	13940
director. The right of such holders and owners to payment of bond	13941
service charges is limited to all or that portion of the pledged	13942
receipts and those special funds pledged thereto pursuant to the	13943
bond proceedings in accordance with this section, and each such	13944
obligation shall bear on its face a statement to that effect.	13945

(D) Obligations shall be authorized by resolution or order of	13946
the issuing authority and the bond proceedings shall provide for	13947
the purpose thereof and the principal amount or amounts, and shall	13948
provide for or authorize the manner or agency for determining the	13949
principal maturity or maturities, not exceeding twenty-five years	13950
from the date of issuance, the interest rate or rates or the	13951
maximum interest rate, the date of the obligations and the dates	13952
of payment of interest thereon, their denomination, and the	13953
establishment within or without the state of a place or places of	13954
payment of bond service charges. Sections 9.98 to 9.983 of the	13955
Revised Code are applicable to obligations issued under this	13956
section, subject to any applicable limitation under section 166.11	13957
of the Revised Code. The purpose of such obligations may be stated	13958
in the bond proceedings in terms describing the general purpose or	13959
purposes to be served. The bond proceedings also shall provide,	13960
subject to the provisions of any other applicable bond	13961
proceedings, for the pledge of all, or such part as the issuing	13962
authority may determine, of the pledged receipts and the	13963
applicable special fund or funds to the payment of bond service	13964
charges, which pledges may be made either prior or subordinate to	13965
other expenses, claims, or payments, and may be made to secure the	13966
obligations on a parity with obligations theretofore or thereafter	13967
issued, if and to the extent provided in the bond proceedings. The	13968
pledged receipts and special funds so pledged and thereafter	13969
received by the state are immediately subject to the lien of such	13970
pledge without any physical delivery thereof or further act, and	13971
the lien of any such pledges is valid and binding against all	13972
parties having claims of any kind against the state or any	13973
governmental agency of the state, irrespective of whether such	13974
parties have notice thereof, and shall create a perfected security	13975
interest for all purposes of Chapter 1309. of the Revised Code,	13976
without the necessity for separation or delivery of funds or for	13977
the filing or recording of the bond proceedings by which such	13978
pledge is created or any certificate, statement or other document	13979
with respect thereto; and the pledge of such pledged receipts and	13980
special funds is effective and the money therefrom and thereof may	13981
be applied to the purposes for which pledged without necessity for	13982
any act of appropriation. Every pledge, and every covenant and	13983
agreement made with respect thereto, made in the bond proceedings	13984
may therein be extended to the benefit of the owners and holders	13985
of obligations authorized by this section, and to any trustee	13986
therefor, for the further security of the payment of the bond	13987
service charges.	13988

(E) The bond proceedings may contain additional provisions as	13989
to:	13990

(1) The redemption of obligations prior to maturity at the	13991
option of the issuing authority at such price or prices and under	13992
such terms and conditions as are provided in the bond proceedings;	13993

(2) Other terms of the obligations;

13994

(3) Limitations on the issuance of additional obligations;

13995

(4) The terms of any trust agreement or indenture securing	13996
the obligations or under which the same may be issued;	13997

(5) The deposit, investment and application of special funds,	13998
and the safeguarding of moneys on hand or on deposit, without	13999
regard to Chapter 131. or 135. of the Revised Code, but subject to	14000
any special provisions of this chapter, with respect to particular	14001
funds or moneys, provided that any bank or trust company which	14002
acts as depository of any moneys in the special funds may furnish	14003
such indemnifying bonds or may pledge such securities as required	14004
by the issuing authority;	14005

(6) Any or every provision of the bond proceedings being	14006
binding upon such officer, board, commission, authority, agency,	14007
department, or other person or body as may from time to time have	14008
the authority under law to take such actions as may be necessary	14009
to perform all or any part of the duty required by such provision;	14010

(7) Any provision that may be made in a trust agreement or	14011
indenture;	14012

(8) Any other or additional agreements with the holders of	14013
the obligations, or the trustee therefor, relating to the	14014
obligations or the security therefor, including the assignment of	14015
mortgages or other security obtained or to be obtained for loans	14016
under section 122.43, 166.07, or 166.16 of the Revised Code.	14017

(F) The obligations may have the great seal of the state or a	14018
facsimile thereof affixed thereto or printed thereon. The	14019
obligations and any coupons pertaining to obligations shall be	14020
signed or bear the facsimile signature of the issuing authority.	14021
Any obligations or coupons may be executed by the person who, on	14022
the date of execution, is the proper issuing authority although on	14023
the date of such bonds or coupons such person was not the issuing	14024
authority. If the issuing authority whose signature or a facsimile	14025
of whose signature appears on any such obligation or coupon ceases	14026
to be the issuing authority before delivery thereof, such	14027
signature or facsimile is nevertheless valid and sufficient for	14028
all purposes as if the former issuing authority had remained the	14029
issuing authority until such delivery; and if the seal to be	14030
affixed to obligations has been changed after a facsimile of the	14031
seal has been imprinted on such obligations, such facsimile seal	14032
shall continue to be sufficient as to such obligations and	14033
obligations issued in substitution or exchange therefor.	14034

(G) All obligations are negotiable instruments and securities	14035
under Chapter 1308. of the Revised Code, subject to the provisions	14036
of the bond proceedings as to registration. The obligations may be	14037
issued in coupon or in registered form, or both, as the issuing	14038
authority determines. Provision may be made for the registration	14039
of any obligations with coupons attached thereto as to principal	14040
alone or as to both principal and interest, their exchange for	14041
obligations so registered, and for the conversion or reconversion	14042
into obligations with coupons attached thereto of any obligations	14043
registered as to both principal and interest, and for reasonable	14044
charges for such registration, exchange, conversion, and	14045
reconversion.	14046

(H) Obligations may be sold at public sale or at private	14047
sale, as determined in the bond proceedings.	14048

Obligations issued to provide moneys for the loan guarantee	14049
fund or the innovation Ohio loan guarantee fund may, as determined	14050
by the issuing authority, be sold at private sale, and without	14051
publication of a notice of sale.	14052

(I) Pending preparation of definitive obligations, the	14053
issuing authority may issue interim receipts or certificates which	14054
shall be exchanged for such definitive obligations.	14055

(J) In the discretion of the issuing authority, obligations	14056
may be secured additionally by a trust agreement or indenture	14057
between the issuing authority and a corporate trustee which may be	14058
any trust company or bank having a place of business within the	14059
state. Any such agreement or indenture may contain the resolution	14060
or order authorizing the issuance of the obligations, any	14061
provisions that may be contained in any bond proceedings, and	14062
other provisions which are customary or appropriate in an	14063
agreement or indenture of such type, including, but not limited	14064
to:	14065

(1) Maintenance of each pledge, trust agreement, indenture,	14066
or other instrument comprising part of the bond proceedings until	14067
the state has fully paid the bond service charges on the	14068
obligations secured thereby, or provision therefor has been made;	14069

(2) In the event of default in any payments required to be	14070
made by the bond proceedings, or any other agreement of the	14071
issuing authority made as a part of the contract under which the	14072
obligations were issued, enforcement of such payments or agreement	14073
by mandamus, the appointment of a receiver, suit in equity, action	14074
at law, or any combination of the foregoing;	14075

(3) The rights and remedies of the holders of obligations and	14076
of the trustee, and provisions for protecting and enforcing them,	14077
including limitations on rights of individual holders of	14078
obligations;	14079

(4) The replacement of any obligations that become mutilated	14080
or are destroyed, lost, or stolen;	14081

(5) Such other provisions as the trustee and the issuing	14082
authority agree upon, including limitations, conditions, or	14083
qualifications relating to any of the foregoing.	14084

(K) Any holders of obligations or trustees under the bond	14085
proceedings, except to the extent that their rights are restricted	14086
by the bond proceedings, may by any suitable form of legal	14087
proceedings, protect and enforce any rights under the laws of this	14088
state or granted by such bond proceedings. Such rights include the	14089
right to compel the performance of all duties of the issuing	14090
authority, the director of development, the Ohio air quality	14091
development authority, or the division of liquor control required	14092
by this chapter or the bond proceedings; to enjoin unlawful	14093
activities; and in the event of default with respect to the	14094
payment of any bond service charges on any obligations or in the	14095
performance of any covenant or agreement on the part of the	14096
issuing authority, the director of development, the Ohio air	14097
quality development authority, or the division of liquor control	14098
in the bond proceedings, to apply to a court having jurisdiction	14099
of the cause to appoint a receiver to receive and administer the	14100
pledged receipts and special funds, other than those in the	14101
custody of the treasurer of state, which are pledged to the	14102
payment of the bond service charges on such obligations or which	14103
are the subject of the covenant or agreement, with full power to	14104
pay, and to provide for payment of bond service charges on, such	14105
obligations, and with such powers, subject to the direction of the	14106
court, as are accorded receivers in general equity cases,	14107
excluding any power to pledge additional revenues or receipts or	14108
other income or moneys of the issuing authority or the state or	14109
governmental agencies of the state to the payment of such	14110
principal and interest and excluding the power to take possession	14111
of, mortgage, or cause the sale or otherwise dispose of any	14112
project facilities.	14113

Each duty of the issuing authority and the issuing	14114
authority's officers and employees, and of each governmental	14115
agency and its officers, members, or employees, undertaken	14116
pursuant to the bond proceedings or any agreement or lease,	14117
lease-purchase agreement, or loan made under authority of this	14118
chapter, and in every agreement by or with the issuing authority,	14119
is hereby established as a duty of the issuing authority, and of	14120
each such officer, member, or employee having authority to perform	14121
such duty, specifically enjoined by the law resulting from an	14122
office, trust, or station within the meaning of section 2731.01 of	14123
the Revised Code.	14124

The person who is at the time the issuing authority, or the	14125
issuing authority's officers or employees, are not liable in their	14126
personal capacities on any obligations issued by the issuing	14127
authority or any agreements of or with the issuing authority.	14128

(L) The issuing authority may authorize and issue obligations	14129
for the refunding, including funding and retirement, and advance	14130
refunding with or without payment or redemption prior to maturity,	14131
of any obligations previously issued by the issuing authority.	14132
Such obligations may be issued in amounts sufficient for payment	14133
of the principal amount of the prior obligations, any redemption	14134
premiums thereon, principal maturities of any such obligations	14135
maturing prior to the redemption of the remaining obligations on a	14136
parity therewith, interest accrued or to accrue to the maturity	14137
dates or dates of redemption of such obligations, and any	14138
allowable costs including expenses incurred or to be incurred in	14139
connection with such issuance and such refunding, funding, and	14140
retirement. Subject to the bond proceedings therefor, the portion	14141
of proceeds of the sale of obligations issued under this division	14142
to be applied to bond service charges on the prior obligations	14143
shall be credited to an appropriate account held by the trustee	14144
for such prior or new obligations or to the appropriate account in	14145
the bond service fund for such obligations. Obligations authorized	14146
under this division shall be deemed to be issued for those	14147
purposes for which such prior obligations were issued and are	14148
subject to the provisions of this section pertaining to other	14149
obligations, except as otherwise provided in this section;	14150
provided that, unless otherwise authorized by the general	14151
assembly, any limitations imposed by the general assembly pursuant	14152
to this section with respect to bond service charges applicable to	14153
the prior obligations shall be applicable to the obligations	14154
issued under this division to refund, fund, advance refund or	14155
retire such prior obligations.	14156

(M) The authority to issue obligations under this section	14157
includes authority to issue obligations in the form of bond	14158
anticipation notes and to renew the same from time to time by the	14159
issuance of new notes. The holders of such notes or interest	14160
coupons pertaining thereto shall have a right to be paid solely	14161
from the pledged receipts and special funds that may be pledged to	14162
the payment of the bonds anticipated, or from the proceeds of such	14163
bonds or renewal notes, or both, as the issuing authority provides	14164
in the resolution or order authorizing such notes. Such notes may	14165
be additionally secured by covenants of the issuing authority to	14166
the effect that the issuing authority and the state will do such	14167
or all things necessary for the issuance of such bonds or renewal	14168
notes in appropriate amount, and apply the proceeds thereof to the	14169
extent necessary, to make full payment of the principal of and	14170
interest on such notes at the time or times contemplated, as	14171
provided in such resolution or order. For such purpose, the	14172
issuing authority may issue bonds or renewal notes in such	14173
principal amount and upon such terms as may be necessary to	14174
provide funds to pay when required the principal of and interest	14175
on such notes, notwithstanding any limitations prescribed by or	14176
for purposes of this section. Subject to this division, all	14177
provisions for and references to obligations in this section are	14178
applicable to notes authorized under this division.	14179

The issuing authority in the bond proceedings authorizing the	14180
issuance of bond anticipation notes shall set forth for such bonds	14181
an estimated interest rate and a schedule of principal payments	14182
for such bonds and the annual maturity dates thereof, and for	14183
purposes of any limitation on bond service charges prescribed	14184
under division (A) of section 166.11 of the Revised Code, the	14185
amount of bond service charges on such bond anticipation notes is	14186
deemed to be the bond service charges for the bonds anticipated	14187
thereby as set forth in the bond proceedings applicable to such	14188
notes, but this provision does not modify any authority in this	14189
section to pledge receipts and special funds to, and covenant to	14190
issue bonds to fund, the payment of principal of and interest and	14191
any premium on such notes.	14192

(N) Obligations issued under this section are lawful	14193
investments for banks, societies for savings, savings and loan	14194
associations, deposit guarantee associations, trust companies,	14195
trustees, fiduciaries, insurance companies, including domestic for	14196
life and domestic not for life, trustees or other officers having	14197
charge of sinking and bond retirement or other special funds of	14198
political subdivisions and taxing districts of this state, the	14199
commissioners of the sinking fund of the state, the administrator	14200
of workers' compensation, the state teachers retirement system,	14201
the public employees retirement system, the school employees	14202
retirement system, and the Ohio police and fire pension fund,	14203
notwithstanding any other provisions of the Revised Code or rules	14204
adopted pursuant thereto by any governmental agency of the state	14205
with respect to investments by them, and are also acceptable as	14206
security for the deposit of public moneys.	14207

(O) Unless otherwise provided in any applicable bond	14208
proceedings, moneys to the credit of or in the special funds	14209
established by or pursuant to this section may be invested by or	14210
on behalf of the issuing authority only in notes, bonds, or other	14211
obligations of the United States, or of any agency or	14212
instrumentality of the United States, obligations guaranteed as to	14213
principal and interest by the United States, obligations of this	14214
state or any political subdivision of this state, and certificates	14215
of deposit of any national bank located in this state and any	14216
bank, as defined in section 1101.01 of the Revised Code, subject	14217
to inspection by the superintendent of banks. If the law or the	14218
instrument creating a trust pursuant to division (J) of this	14219
section expressly permits investment in direct obligations of the	14220
United States or an agency of the United States, unless expressly	14221
prohibited by the instrument, such moneys also may be invested in	14222
no-front-end-load money market mutual funds consisting exclusively	14223
of obligations of the United States or an agency of the United	14224
States and in repurchase agreements, including those issued by the	14225
fiduciary itself, secured by obligations of the United States or	14226
an agency of the United States; and in common trust funds	14227
established in accordance with section 1111.20 of the Revised Code	14228
and consisting exclusively of any such securities, notwithstanding	14229
division (A)(4) of that section. The income from such investments	14230
shall be credited to such funds as the issuing authority	14231
determines, and such investments may be sold at such times as the	14232
issuing authority determines or authorizes.	14233

(P) Provision may be made in the applicable bond proceedings	14234
for the establishment of separate accounts in the bond service	14235
fund and for the application of such accounts only to the	14236
specified bond service charges on obligations pertinent to such	14237
accounts and bond service fund and for other accounts therein	14238
within the general purposes of such fund. Unless otherwise	14239
provided in any applicable bond proceedings, moneys to the credit	14240
of or in the several special funds established pursuant to this	14241
section shall be disbursed on the order of the treasurer of state,	14242
provided that no such order is required for the payment from the	14243
bond service fund when due of bond service charges on obligations.	14244

(Q) The issuing authority may pledge all, or such portion as	14245
the issuing authority determines, of the pledged receipts to the	14246
payment of bond service charges on obligations issued under this	14247
section, and for the establishment and maintenance of any	14248
reserves, as provided in the bond proceedings, and make other	14249
provisions therein with respect to pledged receipts as authorized	14250
by this chapter, which provisions are controlling notwithstanding	14251
any other provisions of law pertaining thereto.	14252

(R) The issuing authority may covenant in the bond	14253
proceedings, and any such covenants are controlling	14254
notwithstanding any other provision of law, that the state and	14255
applicable officers and governmental agencies of the state,	14256
including the general assembly, so long as any obligations are	14257
outstanding, shall:	14258

(1) Maintain statutory authority for and cause to be charged	14259
and collected wholesale and retail prices for spirituous liquor	14260
sold by the state or its agents so that the pledged receipts are	14261
sufficient in amount to meet bond service charges, and the	14262
establishment and maintenance of any reserves and other	14263
requirements provided for in the bond proceedings, and, as	14264
necessary, to meet covenants contained in contracts of guarantee	14265
made under section 166.06 of the Revised Code;	14266

(2) Take or permit no action, by statute or otherwise, that	14267
would impair the exemption from federal income taxation of the	14268
interest on the obligations.	14269

(S) There is hereby created the economic development bond	14270
service fund, which shall be in the custody of the treasurer of	14271
state but shall be separate and apart from and not a part of the	14272
state treasury. All moneys received by or on account of the	14273
issuing authority or state agencies and required by the applicable	14274
bond proceedings, consistent with this section, to be deposited,	14275
transferred, or credited to a bond service fund or the economic	14276
development bond service fund, and all other moneys transferred or	14277
allocated to or received for the purposes of the fund, shall be	14278
deposited and credited to such fund and to any separate accounts	14279
therein, subject to applicable provisions of the bond proceedings,	14280
but without necessity for any act of appropriation. During the	14281
period beginning with the date of the first issuance of	14282
obligations and continuing during such time as any such	14283
obligations are outstanding, and so long as moneys in the	14284
pertinent bond service funds are insufficient to pay all bond	14285
services charges on such obligations becoming due in each year, a	14286
sufficient amount of the gross profit on the sale of spirituous	14287
liquor included in pledged receipts are committed and shall be	14288
paid to the bond service fund or economic development bond service	14289
fund in each year for the purpose of paying the bond service	14290
charges becoming due in that year without necessity for further	14291
act of appropriation for such purpose and notwithstanding anything	14292
to the contrary in Chapter 4301. of the Revised Code. The economic	14293
development bond service fund is a trust fund and is hereby	14294
pledged to the payment of bond service charges to the extent	14295
provided in the applicable bond proceedings, and payment thereof	14296
from such fund shall be made or provided for by the treasurer of	14297
state in accordance with such bond proceedings without necessity	14298
for any act of appropriation.	14299

(T) The obligations, the transfer thereof, and the income	14300
therefrom, including any profit made on the sale thereof, shall at	14301
all times be free from taxation within the state.	14302

Sec. 166.25. (A) The director of development services, with	14303
the approval of the controlling board and subject to the other	14304
applicable provisions of this chapter, may lend money in the	14305
logistics and distribution infrastructure fund ~~and the logistics~~	14306
~~and distribution infrastructure taxable bond fund~~ to persons for	14307
the purpose of paying allowable costs of eligible logistics and	14308
distribution projects.	14309

(B) In determining the eligible logistics and distribution	14310
projects to be assisted and the nature, amount, and terms of	14311
assistance to be provided for an eligible logistics and	14312
distribution project, the director shall consult with appropriate	14313
governmental agencies, including the department of transportation	14314
and the Ohio rail development commission.	14315

(C) Any loan made pursuant to this section shall be evidenced	14316
by a loan agreement, which shall contain such terms as the	14317
director determines necessary or appropriate, including	14318
performance measures and reporting requirements. The director may	14319
take actions necessary or appropriate to collect or otherwise deal	14320
with any loan made under this section, including requiring a loan	14321
recipient to repay the amount of the loan plus interest at a rate	14322
of three per cent above the federal short term interest rate or	14323
any other rate determined by the director.	14324

Sec. 169.02. Subject to division (B) of section 169.01 of	14325
the Revised Code, the following constitute unclaimed funds:	14326

(A) Except as provided in division (R) of this section, any	14327
demand, savings, or matured time deposit account, or matured	14328
certificate of deposit, together with any interest or dividend on	14329
it, less any lawful claims, that is held or owed by a holder which	14330
is a financial organization, unclaimed for a period of five years;	14331

(B) Any funds paid toward the purchase of withdrawable shares	14332
or other interest in a financial organization, and any interest or	14333
dividends on them, less any lawful claims, that is held or owed by	14334
a holder which is a financial organization, unclaimed for a period	14335
of five years;	14336

(C) Except as provided in division (A) of section 3903.45 of	14337
the Revised Code, moneys held or owed by a holder, including a	14338
fraternal association, providing life insurance, including annuity	14339
or endowment coverage, unclaimed for three years after becoming	14340
payable as established from the records of such holder under any	14341
life or endowment insurance policy or annuity contract that has	14342
matured or terminated. An insurance policy, the proceeds of which	14343
are payable on the death of the insured, not matured by proof of	14344
death of the insured is deemed matured and the proceeds payable if	14345
such policy was in force when the insured attained the limiting	14346
age under the mortality table on which the reserve is based.	14347

Moneys otherwise payable according to the records of such	14348
holder are deemed payable although the policy or contract has not	14349
been surrendered as required.	14350

(D) Any deposit made to secure payment or any sum paid in	14351
advance for utility services of a public utility and any amount	14352
refundable from rates or charges collected by a public utility for	14353
utility services held or owed by a holder, less any lawful claims,	14354
that has remained unclaimed for one year after the termination of	14355
the services for which the deposit or advance payment was made or	14356
one year from the date the refund was payable, whichever is	14357
earlier;	14358

(E) Except as provided in division (R) of this section, any	14359
certificates, securities as defined in section 1707.01 of the	14360
Revised Code, nonwithdrawable shares, other instruments evidencing	14361
ownership, or rights to them or funds paid toward the purchase of	14362
them, or any dividend, capital credit, profit, distribution,	14363
interest, or payment on principal or other sum, held or owed by a	14364
holder, including funds deposited with a fiscal agent or fiduciary	14365
for payment of them, and instruments representing an ownership	14366
interest, unclaimed for five years. Any underlying share or other	14367
intangible instrument representing an ownership interest in a	14368
business association, in which the issuer has recorded on its	14369
books the issuance of the share but has been unable to deliver the	14370
certificate to the shareholder, constitutes unclaimed funds if	14371
such underlying share is unclaimed for five years. In addition, an	14372
underlying share constitutes unclaimed funds if a dividend,	14373
distribution, or other sum payable as a result of the underlying	14374
share has remained unclaimed by the owner for five years.	14375

This division shall not prejudice the rights of fiscal agents	14376
or fiduciaries for payment to return the items described in this	14377
division to their principals, according to the terms of an agency	14378
or fiduciary agreement, but such a return shall constitute the	14379
principal as the holder of the items and shall not interrupt the	14380
period for computing the time for which the items have remained	14381
unclaimed.	14382

In the case of any such funds accruing and held or owed by a	14383
corporation under division (E) of section 1701.24 of the Revised	14384
Code, such corporation shall comply with this chapter, subject to	14385
the limitation contained in section 1701.34 of the Revised Code.	14386
The period of time for which such funds have gone unclaimed	14387
specified in section 1701.34 of the Revised Code shall be	14388
computed, with respect to dividends or distributions, commencing	14389
as of the dates when such dividends or distributions would have	14390
been payable to the shareholder had such shareholder surrendered	14391
the certificates for cancellation and exchange by the date	14392
specified in the order relating to them.	14393

Capital credits of a cooperative which after January 1, 1972,	14394
have been allocated to members and which by agreement are	14395
expressly required to be paid if claimed after death of the owner	14396
are deemed payable, for the purpose of this chapter, fifteen years	14397
after either the termination of service by the cooperative to the	14398
owner or upon the nonactivity as provided in division (B) of	14399
section 169.01 of the Revised Code, whichever occurs later,	14400
provided that this provision does not apply if the payment is not	14401
mandatory.	14402

(F) Any sum payable on certified checks or other written	14403
instruments certified or issued and representing funds held or	14404
owed by a holder, less any lawful claims, that are unclaimed for	14405
five years from the date payable or from the date of issuance if	14406
payable on demand; except that the unclaimed period for money	14407
orders that are not third party bank checks is seven years, and	14408
the unclaimed period for traveler's checks is fifteen years, from	14409
the date payable or from the date of issuance if payable on	14410
demand.	14411

As used in this division, "written instruments" include, but	14412
are not limited to, certified checks, cashier's checks, bills of	14413
exchange, letters of credit, drafts, money orders, and traveler's	14414
checks.	14415

If there is no address of record for the owner or other	14416
person entitled to the funds, such address is presumed to be the	14417
address where the instrument was certified or issued.	14418

(G) Except as provided in division (R) of this section, all	14419
moneys, rights to moneys, or other intangible property, arising	14420
out of the business of engaging in the purchase or sale of	14421
securities, or otherwise dealing in intangibles, less any lawful	14422
claims, that are held or owed by a holder and are unclaimed for	14423
five years from the date of transaction.	14424

(H) Except as provided in division (A) of section 3903.45 of	14425
the Revised Code, all moneys, rights to moneys, and other	14426
intangible property distributable in the course of dissolution or	14427
liquidation of a holder that are unclaimed for one year after the	14428
date set by the holder for distribution;	14429

(I) All moneys, rights to moneys, or other intangible	14430
property removed from a safe-deposit box or other safekeeping	14431
repository located in this state or removed from a safe-deposit	14432
box or other safekeeping repository of a holder, on which the	14433
lease or rental period has expired, or any amount arising from the	14434
sale of such property, less any lawful claims, that are unclaimed	14435
for three years from the date on which the lease or rental period	14436
expired;	14437

(J) Subject to division (M)(2) of this section, all moneys,	14438
rights to moneys, or other intangible property, and any income or	14439
increment on them, held or owed by a holder which is a fiduciary	14440
for the benefit of another, or a fiduciary or custodian of a	14441
qualified retirement plan or individual retirement arrangement	14442
under section 401 or 408 of the Internal Revenue Code, unclaimed	14443
for three years after the final date for distribution;	14444

(K) All moneys, rights to moneys, or other intangible	14445
property held or owed in this state or held for or owed to an	14446
owner whose last known address is within this state, by the United	14447
States government or any state, as those terms are described in	14448
division (E) of section 169.01 of the Revised Code, unclaimed by	14449
the owner for three years, excluding any property in the control	14450
of any court in a proceeding in which a final adjudication has not	14451
been made;	14452

(L) Amounts payable pursuant to the terms of any policy of	14453
insurance, other than life insurance, or any refund available	14454
under such a policy, held or owed by any holder, unclaimed for	14455
three years from the date payable or distributable;	14456

(M)(1) Subject to division (M)(2) of this section, any funds	14457
constituting rents or lease payments due, any deposit made to	14458
secure payment of rents or leases, or any sum paid in advance for	14459
rents, leases, possible damage to property, unused services,	14460
performance requirements, or any other purpose, held or owed by a	14461
holder unclaimed for one year;	14462

(2) Any escrow funds, security deposits, or other moneys that	14463
are received by a licensed broker in a fiduciary capacity and	14464
that, pursuant to division (A)(26) of section 4735.18 of the	14465
Revised Code, are required to be deposited into and maintained in	14466
a special or trust, noninterest-bearing bank account separate and	14467
distinct from any personal or other account of the licensed	14468
broker, held or owed by the licensed broker unclaimed for two	14469
years.	14470

(N) Any sum greater than fifty dollars payable as wages, any	14471
sum payable as salaries or commissions, any sum payable for	14472
services rendered, funds owed or held as royalties, oil and	14473
mineral proceeds, funds held for or owed to suppliers, and moneys	14474
owed under pension and profit-sharing plans, held or owed by any	14475
holder unclaimed for one year from date payable or distributable,	14476
and all other credits held or owed, or to be refunded to a retail	14477
customer, by any holder unclaimed for three years from date	14478
payable or distributable;	14479

(O) Amounts held in respect of or represented by lay-aways	14480
sold after January 1, 1972, less any lawful claims, when such	14481
lay-aways are unclaimed for three years after the sale of them;	14482

(P) All moneys, rights to moneys, and other intangible	14483
property not otherwise constituted as unclaimed funds by this	14484
section, including any income or increment on them, less any	14485
lawful claims, which are held or owed by any holder, other than a	14486
holder which holds a permit issued pursuant to Chapter 3769. of	14487
the Revised Code, and which have remained unclaimed for three	14488
years after becoming payable or distributable;	14489

(Q) All moneys that arise out of a sale held pursuant to	14490
section 5322.03 of the Revised Code, that are held by a holder for	14491
delivery on demand to the appropriate person pursuant to division	14492
(I) of that section, and that are unclaimed for two years after	14493
the date of the sale.	14494

(R)(1) Any funds that are subject to an agreement between the	14495
holder and owner providing for automatic reinvestment and that	14496
constitute dividends, distributions, or other sums held or owed by	14497
a holder in connection with a security as defined in section	14498
1707.01 of the Revised Code, an ownership interest in an	14499
investment company registered under the "Investment Company Act of	14500
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	14501
of deposit, unclaimed for a period of five years.	14502

(2) The five-year period under division (R)(1) of this	14503
section commences from the date a second shareholder notification	14504
or communication mailing to the owner of the funds is returned to	14505
the holder as undeliverable by the United States postal service or	14506
other carrier. The notification or communication mailing by the	14507
holder shall be no less frequent than quarterly.	14508

All moneys in a personal allowance account, as defined by	14509
rules adopted by the medicaid director ~~of job and family services~~,	14510
up to and including the maximum resource limitation, of a medicaid	14511
~~patient~~recipient who has died after receiving care in a long-term	14512
care facility, and for whom there is no identifiable heir or	14513
sponsor, are not subject to this chapter.	14514

Sec. 173.03. (A) There is hereby created the Ohio advisory	14515
council for the aging, which shall consist of twelve members to be	14516
appointed by the governor with the advice and consent of the	14517
senate. Two ex officio members of the council shall be members of	14518
the house of representatives appointed by the speaker of the house	14519
of representatives and shall be members of two different political	14520
parties. Two ex officio members of the council shall be members of	14521
the senate appointed by the president of the senate and shall be	14522
members of two different political parties. The medicaid director	14523
and directors of ~~mental health~~mental health and addiction	14524
services, developmental disabilities, health, and job and family	14525
services, or their designees, shall serve as ex officio members of	14526
the council. The council shall carry out its role as defined under	14527
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	14528
as amended.	14529

At the first meeting of the council, and annually thereafter,	14530
the members shall select one of their members to serve as	14531
chairperson and one of their members to serve as vice-chairperson.	14532

(B) Members of the council shall be appointed for a term of	14533
three years, except that for the first appointment members of the	14534
Ohio commission on aging who were serving on the commission	14535
immediately prior to July 26, 1984, shall become members of the	14536
council for the remainder of their unexpired terms. Thereafter,	14537
appointment to the council shall be for a three-year term by the	14538
governor. Each member shall hold office from the date of	14539
appointment until the end of the term for which the member was	14540
appointed. Any member appointed to fill a vacancy occurring prior	14541
to the expiration of the term for which the member's predecessor	14542
was appointed shall hold office for the remainder of the term. No	14543
member shall continue in office subsequent to the expiration date	14544
of the member's term unless reappointed under the provisions of	14545
this section, and no member shall serve more than three	14546
consecutive terms on the council.	14547

(C) Membership of the council shall represent all areas of	14548
Ohio and shall be as follows:	14549

(1) A majority of members of the council shall have attained	14550
the age of ~~sixty~~fifty and have a knowledge of and continuing	14551
interest in the affairs and welfare of the older citizens of Ohio.	14552
The fields of business, labor, health, law, and human services	14553
shall be represented in the membership.	14554

(2) No more than seven members shall be of the same political	14555
party.	14556

(D) Any member of the council may be removed from office by	14557
the governor for neglect of duty, misconduct, or malfeasance in	14558
office after being informed in writing of the charges and afforded	14559
an opportunity for a hearing. Two consecutive unexcused absences	14560
from regularly scheduled meetings constitute neglect of duty.	14561

(E) The director of aging may reimburse a member for actual	14562
and necessary traveling and other expenses incurred in the	14563
discharge of official duties. But reimbursement shall be made in	14564
the manner and at rates that do not exceed those prescribed by the	14565
director of budget and management for any officer, member, or	14566
employee of, or consultant to, any state agency.	14567

(F) Council members are not limited as to the number of terms	14568
they may serve.	14569

(G)(1) The department of aging may award grants to or enter	14570
into contracts with a member of the advisory council or an entity	14571
that the member represents if any of the following apply:	14572

(a) The department determines that the member or the entity	14573
the member represents is capable of providing the goods or	14574
services specified under the terms of the grant or contract.	14575

(b) The member has not taken part in any discussion or vote	14576
of the council related to whether the council should recommend	14577
that the department of aging award the grant to or enter into the	14578
contract with the member of the advisory council or the entity	14579
that the member represents.	14580

(2) A member of the advisory council is not in violation of	14581
Chapter 102. or section 2921.42 of the Revised Code with regard to	14582
receiving a grant or entering into a contract under this section	14583
if the conditions of division (G)(1)(a) and (b) of this section	14584
have been met.	14585

Sec. 173.14. As used in sections 173.14 to 173.27 of the	14586
Revised Code:	14587

(A)(1) Except as otherwise provided in division (A)(2) of	14588
this section, "long-term care facility" includes any residential	14589
facility that provides personal care services for more than	14590
twenty-four hours for one or more unrelated adults, including all	14591
of the following:	14592

(a) A "nursing home," "residential care facility," or "home	14593
for the aging" as defined in section 3721.01 of the Revised Code;	14594

(b) A facility authorized to provide extended care services	14595
under Title XVIII of the "Social Security Act," 49 Stat. 620	14596
(1935), 42 U.S.C. 301, as amended, including a long-term acute	14597
care hospital that provides medical and rehabilitative care to	14598
patients who require an average length of stay greater than	14599
twenty-five days and is classified by the centers for medicare and	14600
medicaid services as a long-term care hospital pursuant to 42	14601
C.F.R. 412.23(e);	14602

(c) A county home or district home operated pursuant to	14603
Chapter 5155. of the Revised Code;	14604

(d) A residential facility licensed under section ~~5119.22~~	14605
5119.34 of the Revised Code that provides accommodations,	14606
supervision, and personal care services for three to sixteen	14607
unrelated adults or accommodations and personal care services for	14608
only one or two adults who are ~~recipients under the~~receiving	14609
residential state supplement program;	14610

(e) A facility approved by the veterans administration under	14611
section 104(a) of the "Veterans Health Care Amendments of 1983,"	14612
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	14613
the placement and care of veterans.	14614

(2) "Long-term care facility" does not include a residential	14615
facility licensed under section 5123.19 of the Revised Code.	14616

(B) "Resident" means a resident of a long-term care facility	14617
and, where appropriate, includes a prospective, previous, or	14618
deceased resident of a long-term care facility.	14619

(C) "Community-based long-term care services" means health	14620
and social services provided to persons in their own homes or in	14621
community care settings, and includes any of the following:	14622

(1) Case management;

14623

(2) Home health care;

14624

(3) Homemaker services;

14625

(4) Chore services;

14626

(5) Respite care;

14627

(6) Adult day care;

14628

(7) Home-delivered meals;

14629

(8) Personal care;

14630

(9) Physical, occupational, and speech therapy;

14631

(10) Transportation;

14632

(11) Any other health and social services provided to persons	14633
that allow them to retain their independence in their own homes or	14634
in community care settings.	14635

(D) "Recipient" means a recipient of community-based	14636
long-term care services and, where appropriate, includes a	14637
prospective, previous, or deceased recipient of community-based	14638
long-term care services.	14639

(E) "Sponsor" means an adult relative, friend, or guardian	14640
who has an interest in or responsibility for the welfare of a	14641
resident or a recipient.	14642

(F) "Personal care services" has the same meaning as in	14643
section 3721.01 of the Revised Code.	14644

(G) "Regional long-term care ombudsperson program" means an	14645
entity, either public or private and nonprofit, designated as a	14646
regional long-term care ombudsperson program by the state	14647
long-term care ombudsperson.	14648

(H) "Representative of the office of the state long-term care	14649
ombudsperson program" means the state long-term care ombudsperson	14650
or a member of the ombudsperson's staff, or a person certified as	14651
a representative of the office under section 173.21 of the Revised	14652
Code.	14653

(I) "Area agency on aging" means an area agency on aging	14654
established under the "Older Americans Act of 1965," 79 Stat. 219,	14655
42 U.S.C.A. 3001, as amended.	14656

Sec. 173.17. (A) The state long-term care ~~ombudsperson~~	14657
ombudsman shall do all of the following:	14658

(1) Appoint a staff and direct and administer the work of the	14659
staff;	14660

(2) Supervise the nursing home investigative unit established	14661
under division (I) of section 173.01 of the Revised Code;	14662

(3) Oversee the performance and operation of the office of	14663
the state long-term care ~~ombudsperson~~ombudsman program, including	14664
the operation of regional long-term care ~~ombudsperson~~ombudsman	14665
programs;	14666

(4) Establish and maintain a statewide uniform reporting	14667
system to collect and analyze information relating to complaints	14668
and conditions in long-term care facilities and complaints	14669
regarding the provision of community-based long-term care services	14670
for the purpose of identifying and resolving significant problems;	14671

(5) Provide for public forums to discuss concerns and	14672
problems relating to action, inaction, or decisions that may	14673
adversely affect the health, safety, welfare, or rights of	14674
residents and recipients of services by providers of long-term	14675
care and their representatives, public agencies and entities, and	14676
social service agencies. This may include any of the following:	14677
conducting public hearings; sponsoring workshops and conferences;	14678
holding meetings for the purpose of obtaining information about	14679
residents and recipients, discussing and publicizing their needs,	14680
and advocating solutions to their problems; and promoting the	14681
development of citizen organizations.	14682

(6) Encourage, cooperate with, and assist in the development	14683
and operation of services to provide current, objective, and	14684
verified information about long-term care;	14685

(7) Develop and implement, with the assistance of regional	14686
programs, a continuing program to publicize, through the media and	14687
civic organizations, the office, its purposes, and its methods of	14688
operation;	14689

(8) Maintain written descriptions of the duties and	14690
qualifications of representatives of the office;	14691

(9) Evaluate and make known concerns and issues regarding	14692
long-term care by doing all of the following:	14693

(a) Preparing an annual report containing information and	14694
findings regarding the types of problems experienced by residents	14695
and recipients and the complaints made by or on behalf of	14696
residents and recipients. The report shall include recommendations	14697
for policy, regulatory, and legislative changes to solve problems,	14698
resolve complaints, and improve the quality of care and life for	14699
residents and recipients and shall be submitted to the governor,	14700
the speaker of the house of representatives, the president of the	14701
senate, the directors of health and of job and family services,	14702
and the commissioner of the administration on aging of the United	14703
States department of health and human services.	14704

(b) Monitoring and analyzing the development and	14705
implementation of federal, state, and local laws, rules, and	14706
policies regarding long-term care services in this state and	14707
recommending to officials changes the office considers appropriate	14708
in these laws, rules, and policies;	14709

(c) Providing information and making recommendations to	14710
public agencies, members of the general assembly, and others	14711
regarding problems and concerns of residents and recipients.	14712

(10) Conduct training for employees and volunteers on	14713
~~ombudsperson's~~ombudsman's staff and for representatives of the	14714
office employed by regional programs;	14715

(11) Monitor the training of representatives of the office	14716
who provide volunteer services to regional programs, and provide	14717
technical assistance to the regional programs in conducting the	14718
training;	14719

(12) Issue certificates attesting to the successful	14720
completion of training and specifying the level of responsibility	14721
for which a representative of the office who has completed	14722
training is qualified;	14723

(13) Register as a residents' rights advocate with the	14724
department of health under division (B) of section 3701.07 of the	14725
Revised Code;	14726

(14) Perform other duties specified by the department of	14727
aging.	14728

(B) The state ~~ombudsperson~~ombudsman may delegate any of the	14729
~~ombudsperson's~~ombudsman's authority or duties under sections	14730
173.14 to 173.26 of the Revised Code to any member of the	14731
~~ombudsperson's~~ombudsman's staff. The state ~~ombudsperson~~ombudsman	14732
is responsible for any authority or duties the ~~ombudsperson~~	14733
ombudsman delegates.	14734

Sec. 173.19. (A) The office of the state long-term care	14735
~~ombudsperson~~ombudsman program, through the state long-term care	14736
~~ombudsperson~~ombudsman and the regional long-term care	14737
~~ombudsperson~~ombudsman programs, shall receive, investigate, and	14738
attempt to resolve complaints made by residents, recipients,	14739
sponsors, providers of long-term care, or any person acting on	14740
behalf of a resident or recipient, relating to either of the	14741
following:	14742

(1) The health, safety, welfare, or civil rights of a	14743
resident or recipient or any violation of a resident's rights	14744
described in sections 3721.10 to 3721.17 of the Revised Code;	14745

(2) Any action or inaction or decision by a provider of	14746
long-term care or representative of a provider, a governmental	14747
entity, or a private social service agency that may adversely	14748
affect the health, safety, welfare, or rights of a resident or	14749
recipient.	14750

(B) The department of aging shall adopt rules in accordance	14751
with Chapter 119. of the Revised Code regarding the handling of	14752
complaints received under this section, including procedures for	14753
conducting investigations of complaints. The rules shall include	14754
procedures to ensure that no representative of the office	14755
investigates any complaint involving a provider of long-term care	14756
with which the representative was once employed or associated.	14757

The state ~~ombudsperson~~ombudsman and regional programs shall	14758
establish procedures for handling complaints consistent with the	14759
department's rules. Complaints shall be dealt with in accordance	14760
with the procedures established under this division.	14761

(C) The office of the state long-term care ~~ombudsperson~~	14762
ombudsman program may decline to investigate any complaint if it	14763
determines any of the following:	14764

(1) That the complaint is frivolous, vexatious, or not made	14765
in good faith;	14766

(2) That the complaint was made so long after the occurrence	14767
of the incident on which it is based that it is no longer	14768
reasonable to conduct an investigation;	14769

(3) That an adequate investigation cannot be conducted	14770
because of insufficient funds, insufficient staff, lack of staff	14771
expertise, or any other reasonable factor that would result in an	14772
inadequate investigation despite a good faith effort;	14773

(4) That an investigation by the office would create a real	14774
or apparent conflict of interest.	14775

(D) If a regional long-term care ~~ombudsperson~~ombudsman	14776
program declines to investigate a complaint, it shall refer the	14777
complaint to the state long-term care ~~ombudsperson~~ombudsman.	14778

(E) Each complaint to be investigated by a regional program	14779
shall be assigned to a representative of the office of the state	14780
long-term care ~~ombudsperson~~ombudsman program. If the	14781
representative determines that the complaint is valid, the	14782
representative shall assist the parties in attempting to resolve	14783
it. If the representative is unable to resolve it, the	14784
representative shall refer the complaint to the state ~~ombudsperson~~	14785
ombudsman.	14786

In order to carry out the duties of sections 173.14 to 173.26	14787
of the Revised Code, a representative has the right to private	14788
communication with residents and their sponsors and access to	14789
long-term care facilities, including the right to tour resident	14790
areas unescorted and the right to tour facilities unescorted as	14791
reasonably necessary to the investigation of a complaint. Access	14792
to facilities shall be during reasonable hours or, during	14793
investigation of a complaint, at other times appropriate to the	14794
complaint.	14795

When community-based long-term care services are provided at	14796
a location other than the recipient's home, a representative has	14797
the right to private communication with the recipient and the	14798
recipient's sponsors and access to the community-based long-term	14799
care site, including the right to tour the site unescorted. Access	14800
to the site shall be during reasonable hours or, during the	14801
investigation of a complaint, at other times appropriate to the	14802
complaint.	14803

(F) The state ~~ombudsperson~~ombudsman shall determine whether	14804
complaints referred to the ~~ombudsperson~~ombudsman under division	14805
(D) or (E) of this section warrant investigation. The	14806
~~ombudsperson's~~ombudsman's determination in this matter is final.	14807

Sec. 173.20. (A) If consent is given and unless otherwise	14808
prohibited by law, a representative of the office of the state	14809
long-term care ombudsman program shall have access to any records,	14810
including medical records, of a resident or a recipient that are	14811
reasonably necessary for investigation of a complaint. Consent may	14812
be given in any of the following ways:	14813

(1) In writing by the resident or recipient;

14814

(2) Orally by the resident or recipient, witnessed in writing	14815
at the time it is given by one other person, and, if the records	14816
involved are being maintained by a long-term care provider, also	14817
by an employee of the long-term care provider designated under	14818
division (E)(1) of this section;	14819

(3) In writing by the guardian of the resident or recipient;

14820

(4) In writing by the attorney in fact of the resident or	14821
recipient, if the resident or recipient has authorized the	14822
attorney in fact to give such consent;	14823

(5) In writing by the executor or administrator of the estate	14824
of a deceased resident or recipient.	14825

(B) If consent to access to records is not refused by a	14826
resident or recipient or ~~his~~the resident's or recipient's legal	14827
representative but cannot be obtained and any of the following	14828
circumstances exist, a representative of the office of the state	14829
long-term care ombudsman program, on approval of the state	14830
long-term care ombudsman, may inspect the records of a resident or	14831
a recipient, including medical records, that are reasonably	14832
necessary for investigation of a complaint:	14833

(1) The resident or recipient is unable to express written or	14834
oral consent and there is no guardian or attorney in fact;	14835

(2) There is a guardian or attorney in fact, but hethe	14836
guardian or attorney in fact cannot be contacted within three	14837
working days;	14838

(3) There is a guardianship or durable power of attorney, but	14839
its existence is unknown by the long-term care provider and the	14840
representative of the office at the time of the investigation;	14841

(4) There is no executor or administrator of the estate of a	14842
deceased resident or recipient.	14843

(C) If a representative of the office of the state long-term	14844
care ombudsman program has been refused access to records by a	14845
guardian or attorney in fact, but has reasonable cause to believe	14846
that the guardian or attorney in fact is not acting in the best	14847
interests of the resident or recipient, the representative may, on	14848
approval of the state long-term care ombudsman, inspect the	14849
records of the resident or recipient, including medical records,	14850
that are reasonably necessary for investigation of a complaint.	14851

(D) A representative of the office of the state long-term	14852
care ombudsman program shall have access to any records of a	14853
long-term care provider reasonably necessary to an investigation	14854
conducted under this section, including but not limited to:	14855
incident reports, dietary records, policies and procedures of a	14856
facility required to be maintained under section ~~5111.21~~5165.06	14857
of the Revised Code, admission agreements, staffing schedules, any	14858
document depicting the actual staffing pattern of the provider,	14859
any financial records that are matters of public record, resident	14860
council and grievance committee minutes, and any waiting list	14861
maintained by a facility in accordance with section ~~5111.31~~	14862
5165.08 of the Revised Code, or any similar records or lists	14863
maintained by a provider of community-based long-term care	14864
services. Pursuant to division (E)(2) of this section, a	14865
representative shall be permitted to make or obtain copies of any	14866
of these records after giving the long-term care provider	14867
twenty-four hours' notice. A long-term care provider may impose a	14868
charge for providing copies of records under this division that	14869
does not exceed the actual and necessary expense of making the	14870
copies.	14871

The state ombudsman shall take whatever action is necessary	14872
to ensure that any copy of a record made or obtained under this	14873
division is returned to the long-term care provider no later than	14874
three years after the date the investigation for which the copy	14875
was made or obtained is completed.	14876

(E)(1) Each long-term care provider shall designate one or	14877
more of its employees to be responsible for witnessing the giving	14878
of oral consent under division (A) of this section. In the event	14879
that a designated employee is not available when a resident or	14880
recipient attempts to give oral consent, the provider shall	14881
designate another employee to witness the consent.	14882

(2) Each long-term care provider shall designate one or more	14883
of its employees to be responsible for releasing records for	14884
copying to representatives of the office of the long-term care	14885
ombudsman program who request permission to make or obtain copies	14886
of records specified in division (D) of this section. In the event	14887
that a designated employee is not available when a representative	14888
of the office makes the request, the long-term care provider shall	14889
designate another employee to release the records for copying.	14890

(F) A long-term care provider or any employee of such a	14891
provider is immune from civil or criminal liability or action	14892
taken pursuant to a professional disciplinary procedure for the	14893
release or disclosure of records to a representative of the office	14894
pursuant to this section.	14895

(G) A state or local government agency or entity with records	14896
relevant to a complaint or investigation being conducted by a	14897
representative of the office shall provide the representative	14898
access to the records.	14899

(H) The state ombudsman, with the approval of the director of	14900
aging, may issue a subpoena to compel any person hethe ombudsman	14901
reasonably believes may be able to provide information to appear	14902
before ~~him~~the ombudsman or ~~his~~the ombudsman's designee and give	14903
sworn testimony and to produce documents, books, records, papers,	14904
or other evidence the state ombudsman believes is relevant to the	14905
investigation. On the refusal of a witness to be sworn or to	14906
answer any question put to ~~him~~the witness, or if a person	14907
disobeys a subpoena, the ombudsman shall apply to the Franklin	14908
county court of common pleas for a contempt order, as in the case	14909
of disobedience of the requirements of a subpoena issued from the	14910
court, or a refusal to testify in the court.	14911

(I) The state ombudsman may petition the court of common	14912
pleas in the county in which a long-term care facility is located	14913
to issue an injunction against any long-term care facility in	14914
violation of sections 3721.10 to 3721.17 of the Revised Code.	14915

(J) Any suspected violation of Chapter 3721. of the Revised	14916
Code discovered during the course of an investigation may be	14917
reported to the department of health. Any suspected criminal	14918
violation discovered during the course of an investigation shall	14919
be reported to the attorney general or other appropriate law	14920
enforcement authorities.	14921

(K) The department of aging shall adopt rules in accordance	14922
with Chapter 119. of the Revised Code for referral by the state	14923
ombudsman and regional long-term care ombudsman programs of	14924
complaints to other public agencies or entities. A public agency	14925
or entity to which a complaint is referred shall keep the state	14926
ombudsman or regional program handling the complaint advised and	14927
notified in writing in a timely manner of the disposition of the	14928
complaint to the extent permitted by law.	14929

Sec. 173.21. (A) The office of the state long-term care	14930
~~ombudsperson~~ombudsman program, through the state long-term care	14931
~~ombudsperson~~ombudsman and the regional long-term care	14932
~~ombudsperson~~ombudsman programs, shall require each representative	14933
of the office to complete a training and certification program in	14934
accordance with this section and to meet the continuing education	14935
requirements established under this section.	14936

(B) The department of aging shall adopt rules under Chapter	14937
119. of the Revised Code specifying the content of training	14938
programs for representatives of the office of the state long-term	14939
care ~~ombudsperson~~ombudsman program. Training for representatives	14940
other than those who are volunteers providing services through	14941
regional long-term care ~~ombudsperson~~ombudsman programs shall	14942
include instruction regarding federal, state, and local laws,	14943
rules, and policies on long-term care facilities and	14944
community-based long-term care services; investigative techniques;	14945
and other topics considered relevant by the department and shall	14946
consist of the following:	14947

(1) A minimum of forty clock hours of basic instruction,	14948
which shall be completed before the trainee is permitted to handle	14949
complaints without the supervision of a representative of the	14950
office certified under this section;	14951

(2) An additional sixty clock hours of instruction, which	14952
shall be completed within the first fifteen months of employment;	14953

(3) An internship of twenty clock hours, which shall be	14954
completed within the first twenty-four months of employment,	14955
including instruction in, and observation of, basic nursing care	14956
and long-term care provider operations and procedures. The	14957
internship shall be performed at a site that has been approved as	14958
an internship site by the state long-term care ~~ombudsperson~~	14959
ombudsman.	14960

(4) One of the following, which shall be completed within the	14961
first twenty-four months of employment:	14962

(a) Observation of a survey conducted by the director of	14963
health to certify a nursing facility to ~~receive funds under~~	14964
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	14965
medicaid program;	14966

(b) Observation of an inspection conducted by the director of	14967
~~mental health~~mental health and addiction services to license a	14968
residential facility under section ~~5119.22~~5119.34 of the Revised	14969
Code that provides accommodations, supervision, and personal care	14970
services for three to sixteen unrelated adults.	14971

(5) Any other training considered appropriate by the	14972
department.	14973

(C) ~~Persons~~Any person who for a period of at least six	14974
months prior to June 11, 1990, served as ~~ombudsmen~~an ombudsman	14975
through the long-term care ~~ombudsperson~~ombudsman program	14976
established by the department of aging under division (M) of	14977
section 173.01 of the Revised Code shall not be required to	14978
complete a training program. ~~These persons~~Such a person and	14979
persons who complete a training program shall take an examination	14980
administered by the department of aging. On attainment of a	14981
passing score, the person shall be certified by the department as	14982
a representative of the office. The department shall issue the	14983
person an identification card, which the representative shall show	14984
at the request of any person with whom the representative deals	14985
while performing the representative's duties and which shall be	14986
surrendered at the time the representative separates from the	14987
office.	14988

(D) The state ~~ombudsperson~~ombudsman and each regional	14989
program shall conduct training programs for volunteers on their	14990
respective staffs in accordance with the rules of the department	14991
of aging adopted under division (B) of this section. Training	14992
programs may be conducted that train volunteers to complete some,	14993
but not all, of the duties of a representative of the office. Each	14994
regional office shall bear the cost of training its	14995
representatives who are volunteers. On completion of a training	14996
program, the representative shall take an examination administered	14997
by the department of aging. On attainment of a passing score, a	14998
volunteer shall be certified by the department as a representative	14999
authorized to perform services specified in the certification. The	15000
department shall issue an identification card, which the	15001
representative shall show at the request of any person with whom	15002
the representative deals while performing the representative's	15003
duties and which shall be surrendered at the time the	15004
representative separates from the office. Except as a supervised	15005
part of a training program, no volunteer shall perform any duty	15006
unless he is certified as a representative having received	15007
appropriate training for that duty.	15008

(E) The state ~~ombudsperson~~ombudsman shall provide technical	15009
assistance to regional programs conducting training programs for	15010
volunteers and shall monitor the training programs.	15011

(F) Prior to scheduling an observation of a certification	15012
survey or licensing inspection for purposes of division (B)(4) of	15013
this section, the state ~~ombudsperson~~ombudsman shall obtain	15014
permission to have the survey or inspection observed from both the	15015
director of health and the long-term care facility at which the	15016
survey or inspection is to take place.	15017

(G) The department of aging shall establish continuing	15018
education requirements for representatives of the office.	15019

Sec. 173.23. (A) Representatives of the office of the state	15020
long-term care ~~ombudsperson~~ombudsman program are immune from	15021
civil or criminal liability for any action taken in the good faith	15022
performance of their official duties under sections 173.14 to	15023
173.26 of the Revised Code.	15024

(B) A person acting in good faith is immune from civil or	15025
criminal liability incident to any of the following: providing	15026
information to the office, participating in registration of a	15027
complaint with the office, participating in investigation of a	15028
complaint by the office, or participating in an administrative or	15029
judicial proceeding resulting from a complaint.	15030

(C) No person shall knowingly register a false complaint with	15031
the office, or knowingly swear or affirm the truth of a false	15032
complaint previously registered, when the statement is made with	15033
purpose to incriminate another.	15034

(D) The attorney general shall provide legal counsel to the	15035
office of the state long-term care ~~ombudsperson~~ombudsman program	15036
and to the regional long-term care ~~ombudsperson~~ombudsman	15037
programs. The attorney general shall represent any representative	15038
of the office and any representative of a regional program against	15039
whom any legal action is brought in connection with the	15040
representative's official duties under sections 173.14 to 173.26	15041
of the Revised Code.	15042

Sec. 173.25. The office of the state long-term care	15043
~~ombudsperson~~ombudsman program shall, in carrying out the	15044
provisions and purposes of sections 173.14 to 173.26 of the	15045
Revised Code, advise, consult, and cooperate with any agency,	15046
program, or other entity related to the purposes of the office.	15047
Any agency, program, or other entity related to the purposes of	15048
the office shall advise, consult, and cooperate with the office.	15049

The office shall attempt to establish effective coordination	15050
with government-sponsored programs that provide legal services to	15051
the elderly and with protective and advocacy programs for	15052
individuals with developmental disabilities, mental retardation,	15053
or mental illness.	15054

Sec. 173.26. (A) Each of the following facilities shall	15055
annually pay to the department of aging six dollars for each bed	15056
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	15057
otherwise authorized to maintain during any part of the previous	15058
year:	15059

(1) Nursing homes,and residential care facilities, ~~and homes~~	15060
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	15061

(2) Facilities authorized to provide extended care services	15062
under Title XVIII of the "Social Security Act," 49 Stat. 620	15063
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15064
care hospital that provides medical and rehabilitative care to	15065
patients who require an average length of stay greater than	15066
twenty-five days and is classified by the centers for medicare and	15067
medicaid services as a long-term care hospital pursuant to 42	15068
C.F.R. 412.23(e);	15069

(3) County homes and district homes operated pursuant to	15070
Chapter 5155. of the Revised Code;	15071

(4) Residential facilities licensed under section ~~5119.22~~	15072
5119.34 of the Revised Code that provide accommodations,	15073
supervision, and personal care services for three to sixteen	15074
unrelated adults;	15075

(5) Facilities approved by the Veterans Administration under	15076
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	15077
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15078
the placement and care of veterans.	15079

The department shall, by rule adopted in accordance with	15080
Chapter 119. of the Revised Code, establish deadlines for payments	15081
required by this section. A facility that fails, within ninety	15082
days after the established deadline, to pay a payment required by	15083
this section shall be assessed at two times the original invoiced	15084
payment.	15085

(B) All money collected under this section shall be deposited	15086
in the state treasury to the credit of the office of the state	15087
long-term care ~~ombudsperson~~ombudsman program fund, which is	15088
hereby created. Money credited to the fund shall be used solely to	15089
pay the costs of operating the regional long-term care	15090
~~ombudsperson~~ombudsman programs.	15091

(C) The state long-term care ~~ombudsperson~~ombudsman and the	15092
regional programs may solicit and receive contributions to support	15093
the operation of the office or a regional program, except that no	15094
contribution shall be solicited or accepted that would interfere	15095
with the independence or objectivity of the office or program.	15096

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

15097

(1) "Applicant" means a person who is under final	15098
consideration for employment ~~with the office of the state~~	15099
~~long-term care ombudsperson program~~by a responsible party in a	15100
full-time, part-time, or temporary position that involves	15101
providing ~~ombudsperson~~ombudsman services to residents and	15102
recipients. "Applicant" includes a person who is under final	15103
consideration for employment as the state long-term care	15104
~~ombudsperson~~ombudsman or the head of a regional long-term care	15105
~~ombudsperson~~ombudsman program. "Applicant" does not include a	15106
person seeking to provide ~~ombudsperson~~ombudsman services to	15107
residents and recipients as a volunteer without receiving or	15108
expecting to receive any form of remuneration other than	15109
reimbursement for actual expenses.	15110

(2) "Criminal records check" has the same meaning as in	15111
section 109.572 of the Revised Code.	15112

(3) "Disqualifying offense" means any of the offenses listed	15113
or described in divisions (A)(3)(a) to (e) of section 109.572 of	15114
the Revised Code.	15115

(4) "Employee" means a person employed by ~~the office of the~~	15116
~~state long-term care ombudsperson program~~a responsible party in a	15117
full-time, part-time, or temporary position that involves	15118
providing ~~ombudsperson~~ombudsman services to residents and	15119
recipients. "Employee" includes the person employed as the state	15120
long-term care ~~ombudsperson~~ombudsman and a person employed as the	15121
head of a regional long-term care ~~ombudsperson~~ombudsman program.	15122
"Employee" does not include a person who provides ~~ombudsperson~~	15123
ombudsman services to residents and recipients as a volunteer	15124
without receiving or expecting to receive any form of remuneration	15125
other than reimbursement for actual expenses.	15126

(5) "Responsible ~~entity~~party" means the following:

15127

(a) In the case of an applicant who is under final	15128
consideration for employment as the state long-term care	15129
~~ombudsperson~~ombudsman or the person employed as the state	15130
long-term care ~~ombudsperson~~ombudsman, the director of aging;	15131

(b) In the case of any other applicant who is under final	15132
consideration for employment with the state long-term care	15133
ombudsman program or any other employee of the state long-term	15134
care ombudsman program, the state long-term care ~~ombudsperson or~~	15135
~~the ombudsperson's designee~~ombudsman;	15136

(c) In the case of an applicant who is under final	15137
consideration for employment with a regional long-term care	15138
ombudsman program (including as the head of the regional program)	15139
or an employee of a regional long-term care ombudsman program	15140
(including the head of a regional program), the regional long-term	15141
care ombudsman program.	15142

(B) ~~The office of the state long-term care ombudsperson~~	15143
~~program~~A responsible party may not employ an applicant or	15144
continue to employ an employee in a position that involves	15145
providing ~~ombudsperson~~ombudsman services to residents and	15146
recipients if any of the following apply:	15147

(1) A review of the databases listed in division (D) of this	15148
section reveals any of the following:	15149

(a) That the applicant or employee is included in one or more	15150
of the databases listed in divisions (D)(1) to (5) of this	15151
section;	15152

(b) That there is in the state nurse aide registry	15153
established under section 3721.32 of the Revised Code a statement	15154
detailing findings by the director of health that the applicant or	15155
employee neglected or abused a long-term care facility or	15156
residential care facility resident or misappropriated property of	15157
such a resident;	15158

(c) That the applicant or employee is included in one or more	15159
of the databases, if any, specified in rules adopted under this	15160
section and the rules prohibit the ~~office~~responsible party from	15161
employing an applicant or continuing to employ an employee	15162
included in such a database in a position that involves providing	15163
~~ombudsperson~~ombudsman services to residents and recipients.	15164

(2) After the applicant or employee is provided, pursuant to	15165
division (E)(2)(a) of this section, a copy of the form prescribed	15166
pursuant to division (C)(1) of section 109.572 of the Revised Code	15167
and the standard impression sheet prescribed pursuant to division	15168
(C)(2) of that section, the applicant or employee fails to	15169
complete the form or provide the applicant's or employee's	15170
fingerprint impressions on the standard impression sheet.	15171

(3) ~~Except as provided~~Unless the applicant or employee meets	15172
standards specified in rules adopted under this section, the	15173
applicant or employee is found by a criminal records check	15174
required by this section to have been convicted of, pleaded guilty	15175
to, or been found eligible for intervention in lieu of conviction	15176
for a disqualifying offense.	15177

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	15178
designee shall inform each applicant of both of the following at	15179
the time of the applicant's initial application for employment in	15180
a position that involves providing ~~ombudsperson~~ombudsman services	15181
to residents and recipients:	15182

(1) That a review of the databases listed in division (D) of	15183
this section will be conducted to determine whether the ~~office of~~	15184
~~the state long-term care ombudsperson program~~responsible party is	15185
prohibited by division (B)(1) of this section from employing the	15186
applicant in the position;	15187

(2) That, unless the database review reveals that the	15188
applicant may not be employed in the position, a criminal records	15189
check of the applicant will be conducted and the applicant is	15190
required to provide a set of the applicant's fingerprint	15191
impressions as part of the criminal records check.	15192

(D) As a condition of any applicant's being employed by ~~the~~	15193
~~office of the state long-term care ombudsperson program~~a	15194
responsible party in a position that involves providing	15195
~~ombudsperson~~ombudsman services to residents and recipients, the	15196
responsible ~~entity~~party or designee shall conduct a database	15197
review of the applicant in accordance with rules adopted under	15198
this section. If rules adopted under this section so require, the	15199
responsible ~~entity~~party or designee shall conduct a database	15200
review of an employee in accordance with the rules as a condition	15201
of the ~~office's~~responsible party continuing to employ the	15202
employee in a position that involves providing ~~ombudsperson~~	15203
ombudsman services to residents and recipients. A database review	15204
shall determine whether the applicant or employee is included in	15205
any of the following:	15206

(1) The excluded parties list system that is maintained by	15207
the United States general services administration pursuant to	15208
subpart 9.4 of the federal acquisition regulation and available at	15209
the federal web site known as the system for award management;	15210

(2) The list of excluded individuals and entities maintained	15211
by the office of inspector general in the United States department	15212
of health and human services pursuant to section 1128 of the	15213
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	15214
amended, and section 1156 of the "Social Security Act," 96 Stat.	15215
388 (1982), 42 U.S.C. 1320c-5, as amended;	15216

(3) The registry of MR/DD employees established under section	15217
5123.52 of the Revised Code;	15218

(4) The internet-based sex offender and child-victim offender	15219
database established under division (A)(11) of section 2950.13 of	15220
the Revised Code;	15221

(5) The internet-based database of inmates established under	15222
section 5120.66 of the Revised Code;	15223

(6) The state nurse aide registry established under section	15224
3721.32 of the Revised Code;	15225

(7) Any other database, if any, specified in rules adopted	15226
under this section.	15227

(E)(1) As a condition of any applicant's being employed by	15228
~~the office of the state long-term care ombudsperson program~~a	15229
responsible party in a position that involves providing	15230
~~ombudsperson~~ombudsman services to residents and recipients, the	15231
responsible ~~entity~~party or designee shall request that the	15232
superintendent of the bureau of criminal identification and	15233
investigation conduct a criminal records check of the applicant.	15234
If rules adopted under this section so require, the responsible	15235
~~entity~~party or designee shall request that the superintendent	15236
conduct a criminal records check of an employee at times specified	15237
in the rules as a condition of the ~~office's~~responsible party	15238
continuing to employ the employee in a position that involves	15239
providing ~~ombudsperson~~ombudsman services to residents and	15240
recipients. However, the responsible ~~entity~~party or designee is	15241
not required to request the criminal records check of the	15242
applicant or employee if the ~~office~~responsible party is	15243
prohibited by division (B)(1) of this section from employing the	15244
applicant or continuing to employ the employee in a position that	15245
involves providing ~~ombudsperson~~ombudsman services to residents	15246
and recipients. If an applicant or employee for whom a criminal	15247
records check request is required by this section does not present	15248
proof of having been a resident of this state for the five-year	15249
period immediately prior to the date the criminal records check is	15250
requested or provide evidence that within that five-year period	15251
the superintendent has requested information about the applicant	15252
or employee from the federal bureau of investigation in a criminal	15253
records check, the responsible ~~entity~~party or designee shall	15254
request that the superintendent obtain information from the	15255
federal bureau of investigation as part of the criminal records	15256
check. Even if an applicant or employee for whom a criminal	15257
records check request is required by this section presents proof	15258
of having been a resident of this state for the five-year period,	15259
the responsible ~~entity~~party or designee may request that the	15260
superintendent include information from the federal bureau of	15261
investigation in the criminal records check.	15262

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	15263
of the following:	15264

(a) Provide to each applicant and employee for whom a	15265
criminal records check request is required by this section a copy	15266
of the form prescribed pursuant to division (C)(1) of section	15267
109.572 of the Revised Code and a standard impression sheet	15268
prescribed pursuant to division (C)(2) of that section;	15269

(b) Obtain the completed form and standard impression sheet	15270
from the applicant or employee;	15271

(c) Forward the completed form and standard impression sheet	15272
to the superintendent.	15273

(3) ~~The office of the state long-term care ombudsperson~~	15274
~~program~~A responsible party shall pay to the bureau of criminal	15275
identification and investigation the fee prescribed pursuant to	15276
division (C)(3) of section 109.572 of the Revised Code for each	15277
criminal records check the responsible ~~entity~~party or the	15278
responsible party's designee requests under this section. The	15279
~~office~~responsible party may charge an applicant a fee not	15280
exceeding the amount the ~~office~~responsible party pays to the	15281
bureau under this section if the responsible ~~entity~~party or	15282
designee notifies the applicant at the time of initial application	15283
for employment of the amount of the fee.	15284

(F)(1) ~~The office of the state long-term care ombudsperson~~	15285
~~program~~A responsible party may employ conditionally an applicant	15286
for whom a criminal records check is required by this section	15287
prior to obtaining the results of the criminal records check if	15288
both of the ~~office~~following apply:	15289

(a) The responsible party is not prohibited by division	15290
(B)(1) of this section from employing the applicant in a position	15291
that involves providing ~~ombudsperson~~ombudsman services to	15292
residents and recipients ~~and the~~;	15293

(b) The responsible ~~entity~~party or designee requests the	15294
criminal records check in accordance with division (E) of this	15295
section not later than five business days after the applicant	15296
begins conditional employment.	15297

(2) ~~The office of the state long-term care ombudsperson~~	15298
~~program~~A responsible party shall terminate the employment of an	15299
applicant employed conditionally under division (F)(1) of this	15300
section if the results of the criminal records check, other than	15301
the results of any request for information from the federal bureau	15302
of investigation, are not obtained within the period ending sixty	15303
days after the date the request for the criminal records check is	15304
made. Regardless of when the results of the criminal records check	15305
are obtained, if the results indicate that the applicant has been	15306
convicted of, pleaded guilty to, or been found eligible for	15307
intervention in lieu of conviction for a disqualifying offense,	15308
the ~~office~~responsible party shall terminate the applicant's	15309
employment unless ~~circumstances~~the applicant meets standards	15310
specified in rules adopted under this section that permit the	15311
~~office~~responsible party to employ the applicant ~~exist~~ and the	15312
~~office~~responsible party chooses to employ the applicant.	15313
Termination of employment under this division shall be considered	15314
just cause for discharge for purposes of division (D)(2) of	15315
section 4141.29 of the Revised Code if the applicant makes any	15316
attempt to deceive the ~~office~~responsible party or designee about	15317
the applicant's criminal record.	15318

(G) The report of any criminal records check conducted	15319
pursuant to a request made under this section is not a public	15320
record for the purposes of section 149.43 of the Revised Code and	15321
shall not be made available to any person other than the	15322
following:	15323

(1) The applicant or employee who is the subject of the	15324
criminal records check or the applicant's or employee's	15325
representative;	15326

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	15327
~~representative~~designee;	15328

(3) ~~If the state long-term care ombudsperson designates the~~	15329
~~head or other employee of~~In the case of a criminal records check	15330
conducted for an applicant who is under final consideration for	15331
employment with a regional long-term care ~~ombudsperson~~ombudsman	15332
program ~~to request a criminal records check under this section~~	15333
(including as the head of the regional program) or an employee of	15334
a regional long-term care ombudsman program (including the head of	15335
a regional program), the state long-term care ombudsman or a	15336
representative of the office of the state long-term care	15337
~~ombudsperson~~ombudsman program who is responsible for monitoring	15338
the regional program's compliance with this section;	15339

(4) A court, hearing officer, or other necessary individual	15340
involved in a case dealing with any of the following:	15341

(a) A denial of employment of the applicant or employee;

15342

(b) Employment or unemployment benefits of the applicant or	15343
employee;	15344

(c) A civil or criminal action regarding the medicaid program	15345
or a program the department of aging administers.	15346

(H) In a tort or other civil action for damages that is	15347
brought as the result of an injury, death, or loss to person or	15348
property caused by an applicant or employee who ~~the office of the~~	15349
~~state long-term care ombudsperson program~~a responsible party	15350
employs in a position that involves providing ~~ombudsperson~~	15351
ombudsman services to residents and recipients, all of the	15352
following shall apply:	15353

(1) If the ~~office~~responsible party employed the applicant or	15354
employee in good faith and reasonable reliance on the report of a	15355
criminal records check requested under this section, the ~~office~~	15356
responsible party shall not be found negligent solely because of	15357
its reliance on the report, even if the information in the report	15358
is determined later to have been incomplete or inaccurate.	15359

(2) If the ~~office~~responsible party employed the applicant in	15360
good faith on a conditional basis pursuant to division (F) of this	15361
section, the ~~office~~responsible party shall not be found	15362
negligent solely because it employed the applicant prior to	15363
receiving the report of a criminal records check requested under	15364
this section.	15365

(3) If the ~~office~~responsible party in good faith employed	15366
the applicant or employee ~~according to~~because the ~~personal~~	15367
~~character~~applicant or employee meets standards ~~established~~	15368
specified in rules adopted under this section, the ~~office~~	15369
responsible party shall not be found negligent solely because the	15370
applicant or employee has been convicted of, pleaded guilty to, or	15371
been found eligible for intervention in lieu of conviction for a	15372
disqualifying offense.	15373

(I) The state long-term care ombudsman may not act as the	15374
director of aging's designee for the purpose of this section. The	15375
head of a regional long-term care ombudsman program may not act as	15376
the regional program's designee for the purpose of this section if	15377
the head is the employee for whom a database review or criminal	15378
records check is being conducted.	15379

(J) The director of aging shall adopt rules in accordance	15380
with Chapter 119. of the Revised Code to implement this section.	15381

(1) The rules may do the following:

15382

(a) Require employees to undergo database reviews and	15383
criminal records checks under this section;	15384

(b) If the rules require employees to undergo database	15385
reviews and criminal records checks under this section, exempt one	15386
or more classes of employees from the requirements;	15387

(c) For the purpose of division (D)(7) of this section,	15388
specify other databases that are to be checked as part of a	15389
database review conducted under this section.	15390

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

15391

(a) The procedures for conducting database reviews under this	15392
section;	15393

(b) If the rules require employees to undergo database	15394
reviews and criminal records checks under this section, the times	15395
at which the database reviews and criminal records checks are to	15396
be conducted;	15397

(c) If the rules specify other databases to be checked as	15398
part of the database reviews, the circumstances under which ~~the~~	15399
~~office of the state long-term care ombudsperson program~~a	15400
responsible party is prohibited from employing an applicant or	15401
continuing to employ an employee who is found by a database review	15402
to be included in one or more of those databases;	15403

(d) ~~Circumstances under which the office of the state~~	15404
~~long-term care ombudsperson program may employ~~Standards that an	15405
applicant or employee ~~who~~must meet for a responsible party to be	15406
permitted to employ the applicant or continue to employ the	15407
employee in a position that involves providing ombudsman services	15408
to residents and recipients if the applicant or employee is found	15409
by a criminal records check required by this section to have been	15410
convicted of, pleaded guilty to, or been found eligible for	15411
intervention in lieu of conviction for a disqualifying offense	15412
~~but meets personal character standards~~.	15413

Sec. 173.28. (A)(1) As used in this division, "incident"	15414
means the occurrence of a violation with respect to a resident or	15415
recipient, as those terms are defined in section 173.14 of the	15416
Revised Code. A violation is a separate incident for each day it	15417
occurs and for each resident who is subject to it.	15418

In lieu of the fine that may be imposed under division (A) of	15419
section 173.99 of the Revised Code, the director of aging may,	15420
under Chapter 119. of the Revised Code, fine a long-term care	15421
provider or other entity, or a person employed by a long-term care	15422
provider or other entity, for a violation of division (C) of	15423
section 173.24 of the Revised Code. The fine shall not exceed one	15424
thousand dollars per incident.	15425

(2) In lieu of the fine that may be imposed under division	15426
(C) of section 173.99 of the Revised Code, the director may, under	15427
Chapter 119. of the Revised Code, fine a long-term care provider	15428
or other entity, or a person employed by a long-term care provider	15429
or other entity, for violating division (E) of section 173.19 of	15430
the Revised Code by denying a representative of the office of the	15431
state long-term care ~~ombudsperson~~ombudsman program the access	15432
required by that division. The fine shall not exceed five hundred	15433
dollars for each day the violation continued.	15434

(B) On request of the director, the attorney general shall	15435
bring and prosecute to judgment a civil action to collect any fine	15436
imposed under division (A)(1) or (2) of this section that remains	15437
unpaid thirty days after the violator's final appeal is exhausted.	15438

(C) All fines collected under this section shall be deposited	15439
into the state treasury to the credit of the state long-term care	15440
~~ombudsperson~~ombudsman program fund created under section 173.26	15441
of the Revised Code.	15442

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

15443

(1) "Applicant" means a person who is under final	15444
consideration for employment with a ~~community-based long-term care~~	15445
~~agency~~responsible party in a full-time, part-time, or temporary	15446
direct-care position ~~that involves providing direct care to an~~	15447
~~individual~~ or is referred to a ~~community-based long-term care~~	15448
~~agency~~responsible party by an employment service for such a	15449
position. "Applicant" does not include a person ~~who provides~~	15450
~~direct care to an individual~~being considered for a direct-care	15451
position as a volunteer ~~without receiving or expecting to receive~~	15452
~~any form of remuneration other than reimbursement for actual~~	15453
~~expenses~~.	15454

(2) "Area agency on aging" has the same meaning as in section	15455
173.14 of the Revised Code.	15456

(3) "Community-based long-term care services" means	15457
community-based long-term care services, as defined in section	15458
173.14 of the Revised Code, that are provided under a program the	15459
department of aging administers.	15460

(4) "Consumer" means an individual who receives	15461
community-based long-term care services.	15462

(5) "Criminal records check" has the same meaning as in	15463
section 109.572 of the Revised Code.	15464

(6) "Direct-care position" means an employment position in	15465
which an employee has either or both of the following:	15466

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

15467

(ii) Access to one or more consumers' personal property or	15468
records.	15469

(7) "Disqualifying offense" means any of the offenses listed	15470
or described in divisions (A)(3)(a) to (e) of section 109.572 of	15471
the Revised Code.	15472

(8) "Employee" means a person employed by a ~~community-based~~	15473
~~long-term care agency~~responsible party in a full-time, part-time,	15474
or temporary direct-care position ~~that involves providing direct~~	15475
~~care to an individual~~ and a person who works in such a position	15476
due to being referred to a ~~community-based long-term care agency~~	15477
responsible party by an employment service. "Employee" does not	15478
include a person who ~~provides direct care to an individual~~works	15479
in a direct-care position as a volunteer ~~without receiving or~~	15480
~~expecting to receive any form of remuneration other than~~	15481
~~reimbursement for actual expenses~~.	15482

(9) "PASSPORT administrative agency" has the same meaning as	15483
in section 173.42 of the Revised Code.	15484

(10) "Provider" has the same meaning as in section 173.39 of	15485
the Revised Code.	15486

(11) "Responsible party" means the following:

15487

(a) An area agency on aging in the case of either of the	15488
following:	15489

(i) A person who is an applicant because the person is under	15490
final consideration for employment with the agency in a full-time,	15491
part-time, or temporary direct-care position or is referred to the	15492
agency by an employment service for such a position;	15493

(ii) A person who is an employee because the person is	15494
employed by the agency in a full-time, part-time, or temporary	15495
direct-care position or works in such a position due to being	15496
referred to the agency by an employment service.	15497

(b) A PASSPORT administrative agency in the case of either of	15498
the following:	15499

(i) A person who is an applicant because the person is under	15500
final consideration for employment with the agency in a full-time,	15501
part-time, or temporary direct-care position or is referred to the	15502
agency by an employment service for such a position;	15503

(ii) A person who is an employee because the person is	15504
employed by the agency in a full-time, part-time, or temporary	15505
direct-care position or works in such a position due to being	15506
referred to the agency by an employment service.	15507

15508

(i) A person who is an applicant because the person is under	15509
final consideration for employment with the provider in a	15510
full-time, part-time, or temporary direct-care position or is	15511
referred to the provider by an employment service for such a	15512
position;	15513

(ii) A person who is an employee because the person is	15514
employed by the provider in a full-time, part-time, or temporary	15515
direct-care position or works in such a position due to being	15516
referred to the provider by an employment service.	15517

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

15518

(i) A person who is an applicant because the person is under	15519
final consideration for employment with the subcontractor in a	15520
full-time, part-time, or temporary direct-care position or is	15521
referred to the subcontractor by an employment service for such a	15522
position;	15523

(ii) A person who is an employee because the person is	15524
employed by the subcontractor in a full-time, part-time, or	15525
temporary direct-care position or works in such a position due to	15526
being referred to the subcontractor by an employment service.	15527

(12) "Subcontractor" has the meaning specified in rules	15528
adopted under this section.	15529

(13) "Volunteer" means a person who serves in a direct-care	15530
position without receiving or expecting to receive any form of	15531
remuneration other than reimbursement for actual expenses.	15532

(14) "Waiver agency" has the same meaning as in section	15533
~~5111.033~~5164.342 of the Revised Code.	15534

(B) This section does not apply to any individual who is	15535
subject to a database review or criminal records check under	15536
section 3701.881 of the Revised Code or to any individual who is	15537
subject to a criminal records check under section 3721.121 of the	15538
Revised Code. If a ~~community-based long-term care agency~~provider	15539
or subcontractor also is a waiver agency, the ~~agency~~provider or	15540
subcontractor may provide for applicants and employees to undergo	15541
database reviews and criminal records checks in accordance with	15542
section ~~5111.033~~5164.342 of the Revised Code rather than this	15543
section.	15544

(C) No ~~community-based long-term care agency~~responsible	15545
party shall employ an applicant or continue to employ an employee	15546
in a direct-care position ~~that involves providing direct care to~~	15547
~~an individual~~ if any of the following apply:	15548

(1) A review of the databases listed in division (E) of this	15549
section reveals any of the following:	15550

(a) That the applicant or employee is included in one or more	15551
of the databases listed in divisions (E)(1) to (5) of this	15552
section;	15553

(b) That there is in the state nurse aide registry	15554
established under section 3721.32 of the Revised Code a statement	15555
detailing findings by the director of health that the applicant or	15556
employee neglected or abused a long-term care facility or	15557
residential care facility resident or misappropriated property of	15558
such a resident;	15559

(c) That the applicant or employee is included in one or more	15560
of the databases, if any, specified in rules adopted under this	15561
section and the rules prohibit the ~~agency~~responsible party from	15562
employing an applicant or continuing to employ an employee	15563
included in such a database in a direct-care position ~~that~~	15564
~~involves providing direct care to an individual~~.	15565

(2) After the applicant or employee is provided, pursuant to	15566
division (F)(2)(a) of this section, a copy of the form prescribed	15567
pursuant to division (C)(1) of section 109.572 of the Revised Code	15568
and the standard impression sheet prescribed pursuant to division	15569
(C)(2) of that section, the applicant or employee fails to	15570
complete the form or provide the applicant's or employee's	15571
fingerprint impressions on the standard impression sheet.	15572

(3) ~~Except as provided~~Unless the applicant or employee meets	15573
standards specified in rules adopted under this section, the	15574
applicant or employee is found by a criminal records check	15575
required by this section to have been convicted of, pleaded guilty	15576
to, or been found eligible for intervention in lieu of conviction	15577
for a disqualifying offense.	15578

(D) Except as provided by division (G) of this section, the	15579
chief administrator of a ~~community-based long-term care agency~~	15580
responsible party shall inform each applicant of both of the	15581
following at the time of the applicant's initial application for	15582
employment or referral to the ~~agency~~responsible party by an	15583
employment service for a direct-care position ~~that involves~~	15584
~~providing direct care to an individual~~:	15585

(1) That a review of the databases listed in division (E) of	15586
this section will be conducted to determine whether the ~~agency~~	15587
responsible party is prohibited by division (C)(1) of this section	15588
from employing the applicant in the direct-care position;	15589

(2) That, unless the database review reveals that the	15590
applicant may not be employed in the direct-care position, a	15591
criminal records check of the applicant will be conducted and the	15592
applicant is required to provide a set of the applicant's	15593
fingerprint impressions as part of the criminal records check.	15594

(E) As a condition of employing any applicant in a	15595
direct-care position ~~that involves providing direct care to an~~	15596
~~individual~~, the chief administrator of a ~~community-based long-term~~	15597
~~care agency~~responsible party shall conduct a database review of	15598
the applicant in accordance with rules adopted under this section.	15599
If rules adopted under this section so require, the chief	15600
administrator of a ~~community-based long-term care agency~~	15601
responsible party shall conduct a database review of an employee	15602
in accordance with the rules as a condition of continuing to	15603
employ the employee in a direct-care position ~~that involves~~	15604
~~providing direct care to an individual~~. However, a chief	15605
administrator is not required to conduct a database review of an	15606
applicant or employee if division (G) of this section applies. A	15607
database review shall determine whether the applicant or employee	15608
is included in any of the following:	15609

(1) The excluded parties list system that is maintained by	15610
the United States general services administration pursuant to	15611
subpart 9.4 of the federal acquisition regulation and available at	15612
the federal web site known as the system for award management;	15613

(2) The list of excluded individuals and entities maintained	15614
by the office of inspector general in the United States department	15615
of health and human services pursuant to ~~section 1128 of~~ the	15616
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	15617
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	15618
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	15619
~~amended~~;	15620

(3) The registry of MR/DD employees established under section	15621
5123.52 of the Revised Code;	15622

(4) The internet-based sex offender and child-victim offender	15623
database established under division (A)(11) of section 2950.13 of	15624
the Revised Code;	15625

(5) The internet-based database of inmates established under	15626
section 5120.66 of the Revised Code;	15627

(6) The state nurse aide registry established under section	15628
3721.32 of the Revised Code;	15629

(7) Any other database, if any, specified in rules adopted	15630
under this section.	15631

(F)(1) As a condition of employing any applicant in a	15632
direct-care position ~~that involves providing direct care to an~~	15633
~~individual~~, the chief administrator of a ~~community-based long-term~~	15634
~~care agency~~responsible party shall request that the	15635
superintendent of the bureau of criminal identification and	15636
investigation conduct a criminal records check of the applicant.	15637
If rules adopted under this section so require, the chief	15638
administrator of a ~~community-based long-term care agency~~	15639
responsible party shall request that the superintendent conduct a	15640
criminal records check of an employee at times specified in the	15641
rules as a condition of continuing to employ the employee in a	15642
direct-care position ~~that involves providing direct care to an~~	15643
~~individual~~. However, the chief administrator is not required to	15644
request the criminal records check of the applicant or employee if	15645
division (G) of this section applies or the ~~agency~~responsible	15646
party is prohibited by division (C)(1) of this section from	15647
employing the applicant or continuing to employ the employee in a	15648
direct-care position ~~that involves providing direct care to an~~	15649
~~individual~~. If an applicant or employee for whom a criminal	15650
records check request is required by this section does not present	15651
proof of having been a resident of this state for the five-year	15652
period immediately prior to the date the criminal records check is	15653
requested or provide evidence that within that five-year period	15654
the superintendent has requested information about the applicant	15655
or employee from the federal bureau of investigation in a criminal	15656
records check, the chief administrator shall request that the	15657
superintendent obtain information from the federal bureau of	15658
investigation as part of the criminal records check. Even if an	15659
applicant or employee for whom a criminal records check request is	15660
required by this section presents proof of having been a resident	15661
of this state for the five-year period, the chief administrator	15662
may request that the superintendent include information from the	15663
federal bureau of investigation in the criminal records check.	15664

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

15665

(a) Provide to each applicant and employee for whom a	15666
criminal records check request is required by this section a copy	15667
of the form prescribed pursuant to division (C)(1) of section	15668
109.572 of the Revised Code and a standard impression sheet	15669
prescribed pursuant to division (C)(2) of that section;	15670

(b) Obtain the completed form and standard impression sheet	15671
from the applicant or employee;	15672

(c) Forward the completed form and standard impression sheet	15673
to the superintendent.	15674

(3) A ~~community-based long-term care agency~~responsible party	15675
shall pay to the bureau of criminal identification and	15676
investigation the fee prescribed pursuant to division (C)(3) of	15677
section 109.572 of the Revised Code for each criminal records	15678
check the ~~agency~~responsible party requests under this section. An	15679
~~agency~~A responsible party may charge an applicant a fee not	15680
exceeding the amount the ~~agency~~responsible party pays to the	15681
bureau under this section if both of the following apply:	15682

(a) The ~~agency~~responsible party notifies the applicant at	15683
the time of initial application for employment of the amount of	15684
the fee and that, unless the fee is paid, the applicant will not	15685
be considered for employment.	15686

(b) The medicaid program ~~established under Chapter 5111. of~~	15687
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	15688
party for the fee it pays to the bureau under this section.	15689

(G) Divisions (D) to (F) of this section do not apply with	15690
regard to an applicant or employee if the applicant or employee is	15691
referred to a ~~community-based long-term agency~~responsible party	15692
by an employment service that supplies full-time, part-time, or	15693
temporary staff for direct-care positions ~~that involve providing~~	15694
~~direct care to an individual~~ and both of the following apply:	15695

(1) The chief administrator of the ~~agency~~responsible party	15696
receives from the employment service confirmation that a review of	15697
the databases listed in division (E) of this section was conducted	15698
of the applicant or employee.	15699

(2) The chief administrator of the ~~agency~~responsible party	15700
receives from the employment service, applicant, or employee a	15701
report of the results of a criminal records check of the applicant	15702
or employee that has been conducted by the superintendent within	15703
the one-year period immediately preceding the following:	15704

(a) In the case of an applicant, the date of the applicant's	15705
referral by the employment service to the ~~agency~~responsible	15706
party;	15707

(b) In the case of an employee, the date by which the ~~agency~~	15708
responsible party would otherwise have to request a criminal	15709
records check of the employee under division (F) of this section.	15710

(H)(1) A ~~community-based long-term care agency~~responsible	15711
party may employ conditionally an applicant for whom a criminal	15712
records check request is required by this section prior to	15713
obtaining the results of the criminal records check if the ~~agency~~	15714
responsible party is not prohibited by division (C)(1) of this	15715
section from employing the applicant in a direct-care position	15716
~~that involves providing direct care to an individual~~ and either of	15717
the following applies:	15718

(a) The chief administrator of the ~~agency~~responsible party	15719
requests the criminal records check in accordance with division	15720
(F) of this section not later than five business days after the	15721
applicant begins conditional employment.	15722

(b) The applicant is referred to the ~~agency~~responsible party	15723
by an employment service, the employment service or the applicant	15724
provides the chief administrator of the ~~agency~~responsible party a	15725
letter that is on the letterhead of the employment service, the	15726
letter is dated and signed by a supervisor or another designated	15727
official of the employment service, and the letter states all of	15728
the following:	15729

(i) That the employment service has requested the	15730
superintendent to conduct a criminal records check regarding the	15731
applicant;	15732

(ii) That the requested criminal records check is to include	15733
a determination of whether the applicant has been convicted of,	15734
pleaded guilty to, or been found eligible for intervention in lieu	15735
of conviction for a disqualifying offense;	15736

(iii) That the employment service has not received the	15737
results of the criminal records check as of the date set forth on	15738
the letter;	15739

(iv) That the employment service promptly will send a copy of	15740
the results of the criminal records check to the chief	15741
administrator of the ~~agency~~responsible party when the employment	15742
service receives the results.	15743

(2) If a ~~community-based long-term care agency~~responsible	15744
party employs an applicant conditionally pursuant to division	15745
(H)(1)(b) of this section, the employment service, on its receipt	15746
of the results of the criminal records check, promptly shall send	15747
a copy of the results to the chief administrator of the ~~agency~~	15748
responsible party.	15749

(3) A ~~community-based long-term care agency~~responsible party	15750
that employs an applicant conditionally pursuant to division	15751
(H)(1)(a) or (b) of this section shall terminate the applicant's	15752
employment if the results of the criminal records check, other	15753
than the results of any request for information from the federal	15754
bureau of investigation, are not obtained within the period ending	15755
sixty days after the date the request for the criminal records	15756
check is made. Regardless of when the results of the criminal	15757
records check are obtained, if the results indicate that the	15758
applicant has been convicted of, pleaded guilty to, or been found	15759
eligible for intervention in lieu of conviction for a	15760
disqualifying offense, the ~~agency~~responsible party shall	15761
terminate the applicant's employment unless ~~circumstances~~the	15762
applicant meets standards specified in rules adopted under this	15763
section that permit the ~~agency~~responsible party to employ the	15764
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	15765
the applicant. Termination of employment under this division shall	15766
be considered just cause for discharge for purposes of division	15767
(D)(2) of section 4141.29 of the Revised Code if the applicant	15768
makes any attempt to deceive the ~~agency~~responsible party about	15769
the applicant's criminal record.	15770

(I) The report of any criminal records check conducted	15771
pursuant to a request made under this section is not a public	15772
record for the purposes of section 149.43 of the Revised Code and	15773
shall not be made available to any person other than the	15774
following:	15775

(1) The applicant or employee who is the subject of the	15776
criminal records check or the applicant's or employee's	15777
representative;	15778

(2) The chief administrator of the ~~community-based long-term~~	15779
~~care agency~~responsible party requesting the criminal records	15780
check or the administrator's representative;	15781

(3) The administrator of any other facility, agency, or	15782
program that provides ~~direct care to individuals~~community-based	15783
long-term care services that is owned or operated by the same	15784
entity that owns or operates the ~~community-based long-term care~~	15785
~~agency~~responsible party that requested the criminal records	15786
check;	15787

(4) The employment service that requested the criminal	15788
records check;	15789

(5) The director of aging or a person authorized by the	15790
director to monitor a ~~community-based long-term care agency's~~	15791
responsible party's compliance with this section;	15792

(6) The medicaid director ~~of job and family services~~ and the	15793
staff of the department of ~~job and family services~~medicaid who	15794
are involved in the administration of the medicaid program if	15795
either of the following apply:	15796

(a) In the case of a criminal records check requested by a	15797
~~community-based long-term care agency~~provider or subcontractor,	15798
the ~~agency~~provider or subcontractor also is a waiver agency;	15799

(b) In the case of a criminal records check requested by an	15800
employment service, the employment service makes the request for	15801
an applicant or employee the employment service refers to a	15802
~~community-based long-term care agency~~provider or subcontractor	15803
that also is a waiver agency.	15804

(7) A court, hearing officer, or other necessary individual	15805
involved in a case dealing with any of the following:	15806

(a) A denial of employment of the applicant or employee;

15807

(b) Employment or unemployment benefits of the applicant or	15808
employee;	15809

(c) A civil or criminal action regarding the medicaid program	15810
or a program the department of aging administers.	15811

(J) In a tort or other civil action for damages that is	15812
brought as the result of an injury, death, or loss to person or	15813
property caused by an applicant or employee who a ~~community-based~~	15814
~~long-term care agency~~responsible party employs in a direct-care	15815
position ~~that involves providing direct care to individuals~~, all	15816
of the following shall apply:	15817

(1) If the ~~agency~~responsible party employed the applicant or	15818
employee in good faith and reasonable reliance on the report of a	15819
criminal records check requested under this section, the ~~agency~~	15820
responsible party shall not be found negligent solely because of	15821
its reliance on the report, even if the information in the report	15822
is determined later to have been incomplete or inaccurate.	15823

(2) If the ~~agency~~responsible party employed the applicant in	15824
good faith on a conditional basis pursuant to division (H) of this	15825
section, the ~~agency~~responsible party shall not be found	15826
negligent solely because it employed the applicant prior to	15827
receiving the report of a criminal records check requested under	15828
this section.	15829

(3) If the ~~agency~~responsible party in good faith employed	15830
the applicant or employee ~~according to~~because the ~~personal~~	15831
~~character~~applicant or employee meets standards ~~established~~	15832
specified in rules adopted under this section, the ~~agency~~	15833
responsible party shall not be found negligent solely because the	15834
applicant or employee has been convicted of, pleaded guilty to, or	15835
been found eligible for intervention in lieu of conviction for a	15836
disqualifying offense.	15837

(K) The director of aging shall adopt rules in accordance	15838
with Chapter 119. of the Revised Code to implement this section.	15839

(1) The rules may do the following:

15840

(a) Require employees to undergo database reviews and	15841
criminal records checks under this section;	15842

(b) If the rules require employees to undergo database	15843
reviews and criminal records checks under this section, exempt one	15844
or more classes of employees from the requirements;	15845

(c) For the purpose of division (E)(7) of this section,	15846
specify other databases that are to be checked as part of a	15847
database review conducted under this section.	15848

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

15849

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

15850

(b) The procedures for conducting database reviews under this	15851
section;	15852

~~(b)~~(c) If the rules require employees to undergo database	15853
reviews and criminal records checks under this section, the times	15854
at which the database reviews and criminal records checks are to	15855
be conducted;	15856

~~(c)~~(d) If the rules specify other databases to be checked as	15857
part of the database reviews, the circumstances under which a	15858
~~community-based long-term care agency~~responsible party is	15859
prohibited from employing an applicant or continuing to employ an	15860
employee who is found by a database review to be included in one	15861
or more of those databases;	15862

~~(d) Circumstances under which a community-based long-term~~	15863
~~care agency may employ~~(e) Standards that an applicant or employee	15864
~~who~~must meet for a responsible party to be permitted to employ	15865
the applicant or continue to employ the employee in a direct-care	15866
position if the applicant or employee is found by a criminal	15867
records check required by this section to have been convicted of,	15868
pleaded guilty to, or been found eligible for intervention in lieu	15869
of conviction for a disqualifying offense ~~but meets personal~~	15870
~~character standards~~.	15871

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	15872
173.393 of the Revised Code:	15873

(1) "~~Community-based long-term care agency~~Provider" means a	15874
person or ~~government~~governmental entity that provides	15875
community-based long-term care services under a program the	15876
department of aging administers~~, regardless of whether the person~~	15877
~~or government entity is certified under section 173.391 or~~	15878
~~authorized to receive payment for the services from the department~~	15879
~~under section 173.392 of the Revised Code~~. "~~Community-based~~	15880
~~long-term care agency~~Provider" includes a person or ~~government~~	15881
governmental entity that provides home and community-based	15882
services to older adults through the PASSPORT program ~~created~~	15883
~~under~~as defined in section ~~173.40~~173.51 of the Revised Code.	15884

(2) "Community-based long-term care services" has the same	15885
meaning as in section 173.14 of the Revised Code.	15886

(B) Except as provided in section 173.392 of the Revised	15887
Code, the department of aging may not pay a ~~person or government~~	15888
~~entity~~provider for providing community-based long-term care	15889
services under a program the department administers unless the	15890
~~person or government entity~~provider is certified under section	15891
173.391 of the Revised Code and provides the services.	15892

Sec. 173.391. (A) The department of aging or its designee	15893
shall do all of the following in accordance with Chapter 119. of	15894
the Revised Code:	15895

(1) Certify a ~~person or government entity~~provider to provide	15896
community-based long-term care services under a program the	15897
department administers if the ~~person or government entity~~provider	15898
satisfies the requirements for certification established by rules	15899
adopted under division (B) of this section and pays the fee, if	15900
any, established by rules adopted under division (G) of this	15901
section;	15902

(2) When required to do so by rules adopted under division	15903
(B) of this section, take one or more of the following	15904
disciplinary actions against a ~~person or government entity~~	15905
provider certified under division (A)(1) of this section:	15906

(a) Issue a written warning;

15907

(b) Require the submission of a plan of correction or	15908
evidence of compliance with requirements identified by the	15909
department;	15910

15911

(d) Remove clients;

15912

(e) Impose a fiscal sanction such as a civil monetary penalty	15913
or an order that unearned funds be repaid;	15914

(f) Suspend the certification;

15915

(g) Revoke the certification;

15916

(h) Impose another sanction.

15917

(3) Except as provided in division (E) of this section, hold	15918
hearings when there is a dispute between the department or its	15919
designee and a ~~person or government entity~~provider concerning	15920
actions the department or its designee takes regarding a decision	15921
not to certify the ~~person or government entity~~provider under	15922
division (A)(1) of this section or a disciplinary action under	15923
divisions (A)(2)(e) to (h) of this section.	15924

(B) The director of aging shall adopt rules in accordance	15925
with Chapter 119. of the Revised Code establishing certification	15926
requirements and standards for determining which type of	15927
disciplinary action to take under division (A)(2) of this section	15928
in individual situations. The rules shall establish procedures for	15929
all of the following:	15930

(1) Ensuring that ~~community-based long-term care agencies~~	15931
providers comply with section ~~173.394~~173.38 of the Revised Code;	15932

(2) Evaluating the services provided by the ~~agencies~~	15933
providers to ensure that the services are provided in a quality	15934
manner advantageous to the individual receiving the services;	15935

(3) Determining when to take disciplinary action under	15936
division (A)(2) of this section and which disciplinary action to	15937
take;	15938

(4) Determining what constitutes another sanction for	15939
purposes of division (A)(2)(h) of this section.	15940

(C) The procedures established in rules adopted under	15941
division (B)(2) of this section shall require that all of the	15942
following be considered as part of an evaluation described in	15943
division (B)(2) of this section:	15944

(1) The ~~community-based long-term care agency's~~provider's	15945
experience and financial responsibility;	15946

(2) The ~~agency's~~provider's ability to comply with standards	15947
for the community-based long-term care services that the ~~agency~~	15948
provider provides under a program the department administers;	15949

(3) The ~~agency's~~provider's ability to meet the needs of the	15950
individuals served;	15951

(4) Any other factor the director considers relevant.

15952

(D) The rules adopted under division (B)(3) of this section	15953
shall specify that the reasons disciplinary action may be taken	15954
under division (A)(2) of this section include good cause,	15955
including misfeasance, malfeasance, nonfeasance, confirmed abuse	15956
or neglect, financial irresponsibility, or other conduct the	15957
director determines is injurious, or poses a threat, to the health	15958
or safety of individuals being served.	15959

(E) Subject to division (F) of this section, the department	15960
is not required to hold hearings under division (A)(3) of this	15961
section if any of the following conditions apply:	15962

(1) Rules adopted by the director of aging pursuant to this	15963
chapter require the ~~community-based long-term care agency~~provider	15964
to be a party to a provider agreement; hold a license,	15965
certificate, or permit; or maintain a certification, any of which	15966
is required or issued by a state or federal government entity	15967
other than the department of aging, and either of the following is	15968
the case:	15969

(a) The provider agreement has not been entered into or the	15970
license, certificate, permit, or certification has not been	15971
obtained or maintained.	15972

(b) The provider agreement, license, certificate, permit, or	15973
certification has been denied, revoked, not renewed, or suspended	15974
or has been otherwise restricted.	15975

(2) The ~~agency's~~provider's certification under this section	15976
has been denied, suspended, or revoked for any of the following	15977
reasons:	15978

(a) A ~~government~~governmental entity of this state, other	15979
than the department of aging, has terminated or refused to renew	15980
any of the following held by, or has denied any of the following	15981
sought by, a ~~community-based long-term care agency~~provider: a	15982
provider agreement, license, certificate, permit, or	15983
certification. Division (E)(2)(a) of this section applies	15984
regardless of whether the ~~agency~~provider has entered into a	15985
provider agreement in, or holds a license, certificate, permit, or	15986
certification issued by, another state.	15987

(b) The ~~agency~~provider or a principal owner or manager of	15988
the ~~agency~~provider who provides direct care has entered a guilty	15989
plea for, or has been convicted of, an offense materially related	15990
to the medicaid program.	15991

(c) The ~~agency~~provider or a principal owner or manager of	15992
the ~~agency~~provider who provides direct care has entered a guilty	15993
plea for, been convicted of, or been found eligible for	15994
intervention in lieu of conviction for an offense listed or	15995
described in divisions (A)(3)(a) to (e) of section 109.572 of the	15996
Revised Code, but only if ~~none of the personal character~~the	15997
provider, principal owner, or manager does not meet standards	15998
~~established~~specified by the director in rules adopted under	15999
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	16000

(d) The United States department of health and human services	16001
has taken adverse action against the ~~agency~~provider and that	16002
action impacts the ~~agency's~~provider's participation in the	16003
medicaid program.	16004

(e) The ~~agency~~provider has failed to enter into or renew a	16005
provider agreement with the PASSPORT administrative agency, as	16006
that term is defined in section 173.42 of the Revised Code, that	16007
administers programs on behalf of the department of aging in the	16008
region of the state in which the ~~agency~~provider is certified to	16009
provide services.	16010

(f) The ~~agency~~provider has not billed or otherwise submitted	16011
a claim to the department for payment under the medicaid program	16012
in at least two years.	16013

(g) The ~~agency~~provider denied or failed to provide the	16014
department or its designee access to the ~~agency's~~provider's	16015
facilities during the ~~agency's~~provider's normal business hours	16016
for purposes of conducting an audit or structural compliance	16017
review.	16018

(h) The ~~agency~~provider has ceased doing business.

16019

(i) The ~~agency~~provider has voluntarily relinquished its	16020
certification for any reason.	16021

(3) The ~~agency's~~provider's provider agreement with the	16022
department of ~~job and family services~~medicaid has been suspended	16023
under division (C) of section ~~5111.031~~5164.37 of the Revised	16024
Code.	16025

(4) The ~~agency's~~provider's provider agreement with the	16026
department of ~~job and family services~~medicaid is denied or	16027
revoked because the ~~agency~~provider or its owner, officer,	16028
authorized agent, associate, manager, or employee has been	16029
convicted of an offense that caused the provider agreement to be	16030
suspended under section ~~5111.031~~5164.37 of the Revised Code.	16031

(F) If the department does not hold hearings when any	16032
condition described in division (E) of this section applies, the	16033
department may send a notice to the ~~agency~~provider describing a	16034
decision not to certify the ~~agency~~provider under division (A)(1)	16035
of this section or the disciplinary action the department proposes	16036
to take under division (A)(2)(e) to (h) of this section. The	16037
notice shall be sent to the ~~agency's~~provider's address that is on	16038
record with the department and may be sent by regular mail.	16039

(G) The director of aging may adopt rules in accordance with	16040
Chapter 119. of the Revised Code establishing a fee to be charged	16041
by the department of aging or its designee for certification	16042
issued under this section.	16043

All fees collected by the department or its designee under	16044
this section shall be deposited in the state treasury to the	16045
credit of the provider certification fund, which is hereby	16046
created. Money credited to the fund shall be used to pay for	16047
community-based long-term care services, administrative costs	16048
associated with ~~community-based long-term care agency~~provider	16049
certification under this section, and administrative costs related	16050
to the publication of the Ohio long-term care consumer guide.	16051

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	16052
~~government entity~~provider for providing community-based long-term	16053
care services under a program the department administers, even	16054
though the ~~person or government entity~~provider is not certified	16055
under section 173.391 of the Revised Code, if all of the following	16056
are the case:	16057

(1) The ~~person or government entity~~provider has a contract	16058
with the department of aging or the department's designee to	16059
provide the services in accordance with the contract or has	16060
received a grant from the department or its designee to provide	16061
the services in accordance with a grant agreement;	16062

(2) The contract or grant agreement includes detailed	16063
conditions of participation for ~~providers of services under a~~	16064
~~program the department administers~~the provider and service	16065
standards that the ~~person or government entity~~provider is	16066
required to satisfy;	16067

(3) The ~~person or government entity~~provider complies with	16068
the contract or grant agreement;	16069

(4) The contract or grant is not for medicaid-funded	16070
services, other than services provided under the PACE program	16071
administered by the department of aging under section 173.50 of	16072
the Revised Code.	16073

(B) The director of aging shall adopt rules in accordance	16074
with Chapter 119. of the Revised Code governing both of the	16075
following:	16076

(1) Contracts and grant agreements between the department of	16077
aging or its designee and ~~persons and government entities~~	16078
~~regarding community-based long-term care services provided under a~~	16079
~~program the department administers~~providers;	16080

(2) The department's payment for community-based long-term	16081
care services under this section.	16082

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	16083
the Revised Code:	16084

(1) "Area agency on aging" means a public or private	16085
nonprofit entity designated under section 173.011 of the Revised	16086
Code to administer programs on behalf of the department of aging.	16087

(2) "Department of aging-administered medicaid waiver	16088
component" means each of the following:	16089

(a) The medicaid-funded component of the PASSPORT program	16090
created under section ~~173.40~~173.52 of the Revised Code;	16091

(b) The choices program created under section ~~173.403~~173.53	16092
of the Revised Code;	16093

(c) The medicaid-funded component of the assisted living	16094
program created under section ~~5111.89~~173.54 of the Revised Code;	16095

(d) Any other medicaid waiver component, as defined in	16096
section ~~5111.85~~5166.01 of the Revised Code, that the department	16097
of aging administers pursuant to an interagency agreement with the	16098
department of ~~job and family services~~medicaid under section	16099
~~5111.91~~5162.35 of the Revised Code.	16100

(3) "Home and community-based services covered by medicaid	16101
components the department of aging administers" means all of the	16102
following:	16103

(a) Medicaid waiver services available to a participant in a	16104
department of aging-administered medicaid waiver component;	16105

(b) The following medicaid state plan services available to a	16106
participant in a department of aging-administered medicaid waiver	16107
component as specified in rules adopted under section ~~5111.02~~	16108
5164.02 of the Revised Code:	16109

(i) Home health services;

16110

(ii) Private duty nursing services;

16111

(iii) Durable medical equipment;

16112

(iv) Services of a clinical nurse specialist;

16113

(v) Services of a certified nurse practitioner.

16114

16115

(4) "Long-term care consultation" or "consultation" means the	16116
consultation service made available by the department of aging or	16117
a program administrator through the long-term care consultation	16118
program established pursuant to this section.	16119

(5) ~~"Medicaid" means the medical assistance program~~	16120
~~established under Chapter 5111. of the Revised Code.~~	16121

~~(6)~~ "Nursing facility" has the same meaning as in section	16122
~~5111.20~~5165.01 of the Revised Code.	16123

~~(7)~~(6) "PACE program" means the component of the medicaid	16124
program the department of aging administers pursuant to section	16125
173.50 of the Revised Code.	16126

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	16127
contract with the department of aging to provide administrative	16128
services regarding the PASSPORT program.	16129

~~(9)~~(8) "Program administrator" means an area agency on aging	16130
or other entity under contract with the department of aging to	16131
administer the long-term care consultation program in a geographic	16132
region specified in the contract.	16133

~~(10)~~(9) "Representative" means a person acting on behalf of	16134
an individual specified in division (G) of this section. A	16135
representative may be a family member, attorney, hospital social	16136
worker, or any other person chosen to act on behalf of the	16137
individual.	16138

(B) The department of aging shall develop a long-term care	16139
consultation program whereby individuals or their representatives	16140
are provided with long-term care consultations and receive through	16141
these professional consultations information about options	16142
available to meet long-term care needs and information about	16143
factors to consider in making long-term care decisions. The	16144
long-term care consultations provided under the program may be	16145
provided at any appropriate time, as permitted or required under	16146
this section and the rules adopted under it, including either	16147
prior to or after the individual who is the subject of a	16148
consultation has been admitted to a nursing facility or granted	16149
assistance in receiving home and community-based services covered	16150
by medicaid components the department of aging administers.	16151

(C) The long-term care consultation program shall be	16152
administered by the department of aging, except that the	16153
department may have the program administered on a regional basis	16154
by one or more program administrators. The department and each	16155
program administrator shall administer the program in such a	16156
manner that all of the following are included:	16157

(1) Coordination and collaboration with respect to all	16158
available funding sources for long-term care services;	16159

(2) Assessments of individuals regarding their long-term care	16160
service needs;	16161

(3) Assessments of individuals regarding their on-going	16162
eligibility for long-term care services;	16163

(4) Procedures for assisting individuals in obtaining access	16164
to, and coordination of, health and supportive services, including	16165
department of aging-administered medicaid waiver components;	16166

(5) Priorities for using available resources efficiently and	16167
effectively.	16168

(D) The program's long-term care consultations shall be	16169
provided by individuals certified by the department under section	16170
173.422 of the Revised Code.	16171

(E) The information provided through a long-term care	16172
consultation shall be appropriate to the individual's needs and	16173
situation and shall address all of the following:	16174

(1) The availability of any long-term care options open to	16175
the individual;	16176

(2) Sources and methods of both public and private payment	16177
for long-term care services;	16178

(3) Factors to consider when choosing among the available	16179
programs, services, and benefits;	16180

(4) Opportunities and methods for maximizing independence and	16181
self-reliance, including support services provided by the	16182
individual's family, friends, and community.	16183

(F) An individual's long-term care consultation may include	16184
an assessment of the individual's functional capabilities. The	16185
consultation may incorporate portions of the determinations	16186
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	16187
and 5165.03 of the Revised Code and may be provided concurrently	16188
with the assessment required under section ~~5111.204~~173.546 or	16189
5165.04 of the Revised Code.	16190

(G)(1) Unless an exemption specified in division (I) of this	16191
section is applicable, each of the following shall be provided	16192
with a long-term care consultation:	16193

(a) An individual who applies or indicates an intention to	16194
apply for admission to a nursing facility, regardless of the	16195
source of payment to be used for the individual's care in a	16196
nursing facility;	16197

(b) An individual who requests a long-term care consultation;

16198

(c) An individual identified by the department or a program	16199
administrator as being likely to benefit from a long-term care	16200
consultation.	16201

(2) In addition to the individuals specified in division	16202
(G)(1) of this section, a long-term care consultation may be	16203
provided to a nursing facility resident regardless of the source	16204
of payment being used for the resident's care in the nursing	16205
facility.	16206

(H)(1) Except as provided in division (H)(2) or (3) of this	16207
section, a long-term care consultation provided pursuant to	16208
division (G) of this section shall be provided as follows:	16209

(a) If the individual for whom the consultation is being	16210
provided has applied for medicaid and the consultation is being	16211
provided concurrently with the assessment required under section	16212
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	16213
completed in accordance with the applicable time frames specified	16214
in that section for providing a level of care determination based	16215
on the assessment.	16216

(b) In all other cases, the consultation shall be provided	16217
not later than five calendar days after the department or program	16218
administrator receives notice of the reason for which the	16219
consultation is to be provided pursuant to division (G) of this	16220
section.	16221

(2) An individual or the individual's representative may	16222
request that a long-term care consultation be provided on a date	16223
that is later than the date required under division (H)(1)(a) or	16224
(b) of this section.	16225

(3) If a long-term care consultation cannot be completed	16226
within the number of days required by division (H)(1) or (2) of	16227
this section, the department or program administrator may do any	16228
of the following:	16229

(a) In the case of an individual specified in division (G)(1)	16230
of this section, exempt the individual from the consultation	16231
pursuant to rules that may be adopted under division (L) of this	16232
section;	16233

(b) In the case of an applicant for admission to a nursing	16234
facility, provide the consultation after the individual is	16235
admitted to the nursing facility;	16236

(c) In the case of a resident of a nursing facility, provide	16237
the consultation as soon as practicable.	16238

(I) An individual is not required to be provided a long-term	16239
care consultation under division (G)(1) of this section if any of	16240
the following apply:	16241

(1) The department or program administrator has attempted to	16242
provide the consultation, but the individual or the individual's	16243
representative refuses to cooperate;	16244

(2) The individual is to receive care in a nursing facility	16245
under a contract for continuing care as defined in section 173.13	16246
of the Revised Code;	16247

(3) The individual has a contractual right to admission to a	16248
nursing facility operated as part of a system of continuing care	16249
in conjunction with one or more facilities that provide a less	16250
intensive level of services, including a residential care facility	16251
licensed under Chapter 3721. of the Revised Code, a residential	16252
facility licensed under section ~~5119.22~~5119.34 of the Revised	16253
Code that provides accommodations, supervision, and personal care	16254
services for three to sixteen unrelated adults, or an independent	16255
living arrangement;	16256

(4) The individual is to receive continual care in a home for	16257
the aged exempt from taxation under section 5701.13 of the Revised	16258
Code;	16259

(5) The individual is seeking admission to a facility that is	16260
not a nursing facility with a provider agreement under section	16261
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	16262
Revised Code;	16263

(6) The individual is exempted from the long-term care	16264
consultation requirement by the department or the program	16265
administrator pursuant to rules that may be adopted under division	16266
(L) of this section.	16267

(J) As part of the long-term care consultation program, the	16268
department or program administrator shall assist an individual or	16269
individual's representative in accessing all sources of care and	16270
services that are appropriate for the individual and for which the	16271
individual is eligible, including all available home and	16272
community-based services covered by medicaid components the	16273
department of aging administers. The assistance shall include	16274
providing for the conduct of assessments or other evaluations and	16275
the development of individualized plans of care or services under	16276
section 173.424 of the Revised Code.	16277

(K) No nursing facility for which an operator has a provider	16278
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	16279
~~5111.672~~5165.512 of the Revised Code shall admit any individual	16280
as a resident, unless the nursing facility has received evidence	16281
that a long-term care consultation has been completed for the	16282
individual or division (I) of this section is applicable to the	16283
individual.	16284

(L) The director of aging may adopt any rules the director	16285
considers necessary for the implementation and administration of	16286
this section. The rules shall be adopted in accordance with	16287
Chapter 119. of the Revised Code and may specify any or all of the	16288
following:	16289

(1) Procedures for providing long-term care consultations	16290
pursuant to this section;	16291

(2) Information to be provided through long-term care	16292
consultations regarding long-term care services that are	16293
available;	16294

(3) Criteria and procedures to be used to identify and	16295
recommend appropriate service options for an individual receiving	16296
a long-term care consultation;	16297

(4) Criteria for exempting individuals from the long-term	16298
care consultation requirement;	16299

(5) Circumstances under which it may be appropriate to	16300
provide an individual's long-term care consultation after the	16301
individual's admission to a nursing facility rather than before	16302
admission;	16303

(6) Criteria for identifying nursing facility residents who	16304
would benefit from the provision of a long-term care consultation;	16305

(7) A description of the types of information from a nursing	16306
facility that is needed under the long-term care consultation	16307
program to assist a resident with relocation from the facility;	16308

(8) Standards to prevent conflicts of interest relative to	16309
the referrals made by a person who performs a long-term care	16310
consultation, including standards that prohibit the person from	16311
being employed by a provider of long-term care services;	16312

(9) Procedures for providing notice and an opportunity for a	16313
hearing under division (N) of this section.	16314

(M) To assist the department and each program administrator	16315
with identifying individuals who are likely to benefit from a	16316
long-term care consultation, the department and program	16317
administrator may ask to be given access to nursing facility	16318
resident assessment data collected through the use of the resident	16319
assessment instrument specified in rules ~~adopted under~~authorized	16320
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	16321
the medicaid program. Except when prohibited by state or federal	16322
law, the department of health, department of ~~job and family~~	16323
~~services~~medicaid, or nursing facility holding the data shall	16324
grant access to the data on receipt of the request from the	16325
department of aging or program administrator.	16326

(N)(1) The director of aging, after providing notice and an	16327
opportunity for a hearing, may fine a nursing facility an amount	16328
determined by rules the director shall adopt in accordance with	16329
Chapter 119. of the Revised Code for any of the following reasons:	16330

(a) The nursing facility admits an individual, without	16331
evidence that a long-term care consultation has been provided, as	16332
required by this section;	16333

(b) The nursing facility denies a person attempting to	16334
provide a long-term care consultation access to the facility or a	16335
resident of the facility;	16336

(c) The nursing facility denies the department of aging or	16337
program administrator access to the facility or a resident of the	16338
facility, as the department or administrator considers necessary	16339
to administer the program.	16340

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	16341
Code, all fines collected under division (N)(1) of this section	16342
shall be deposited into the state treasury to the credit of the	16343
residents protection fund.	16344

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	16345
~~Code, the~~The department of aging shall enter into an interagency	16346
agreement with the department of ~~job and family services~~medicaid	16347
under section ~~5111.91~~5162.35 of the Revised Code under which the	16348
department of aging is required to establish for each biennium a	16349
unified long-term care budget for home and community-based	16350
services covered by medicaid components the department of aging	16351
administers. The interagency agreement shall require the	16352
department of aging to do all of the following:	16353

(1) Administer the unified long-term care budget in	16354
accordance with sections 173.43 to 173.434 of the Revised Code and	16355
the general assembly's appropriations for home and community-based	16356
services covered by medicaid components the department of aging	16357
administers for the applicable biennium;	16358

(2) Contract with each PASSPORT administrative agency for	16359
assistance in the administration of the unified long-term care	16360
budget;	16361

(3) Provide individuals who are eligible for home and	16362
community-based services covered by medicaid components the	16363
department of aging administers a choice of services that meet the	16364
individuals' needs and improve their quality of life;	16365

(4) Provide a continuum of services that meet the life-long	16366
needs of individuals who are eligible for home and community-based	16367
services covered by medicaid components the department of aging	16368
administers.	16369

(B) The director of budget and management shall create new	16370
appropriation items as necessary for establishment of the unified	16371
long-term care budget.	16372

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	16373
~~Code, the~~The department of aging shall ensure that the unified	16374
long-term care budget established under section 173.43 of the	16375
Revised Code is administered in a manner that provides medicaid	16376
coverage of and expands access to all of the following as	16377
necessary to meet the needs of individuals receiving home and	16378
community-based services covered by medicaid components the	16379
department of aging administers:	16380

(A) To the extent permitted by the medicaid waivers	16381
authorizing department of aging-administered medicaid waiver	16382
components, all of the following medicaid waiver services provided	16383
under department of aging-administered medicaid waiver components:	16384

(1) Personal care services;

16385

(2) Home-delivered meals;

16386

(3) Adult day-care;

16387

(4) Homemaker services;

16388

(5) Emergency response services;

16389

(6) Medical equipment and supplies;

16390

(7) Chore services;

16391

(8) Social work counseling;

16392

(9) Nutritional counseling;

16393

(10) Independent living assistance;

16394

(11) Medical transportation;

16395

(12) Nonmedical transportation;

16396

(13) Home care attendant services;

16397

(14) Assisted living services;

16398

(15) Community transition services;

16399

(16) Enhanced community living services;

16400

(17) All other medicaid waiver services provided under	16401
department of aging-administered medicaid waiver components.	16402

(B) All of the following state medicaid plan services as	16403
specified in rules adopted under section ~~5111.02~~5164.02 of the	16404
Revised Code:	16405

(1) Home health services;

16406

(2) Private duty nursing services;

16407

(3) Durable medical equipment;

16408

(4) Services of a clinical nurse specialist;

16409

(5) Services of a certified nurse practitioner.

16410

16411

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	16412
~~the~~The department of aging or its designee shall provide care	16413
management and authorization services with regard to the state	16414
plan services specified in division (B) of section 173.431 of the	16415
Revised Code that are provided to participants of department of	16416
aging-administered medicaid waiver components. The department or	16417
its designee shall ensure that no person providing the care	16418
management and authorization services performs an activity that	16419
may not be performed without a valid certificate or license issued	16420
by an agency of this state unless the person holds the valid	16421
certificate or license.	16422

Sec. 173.434. ~~The director of job and family services shall~~	16423
~~adopt~~To the extent authorized by rules ~~under~~authorized by	16424
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	16425
director of aging toshall adopt rules that are needed to	16426
implement sections 173.43 to 173.432 of the Revised Code. The	16427
~~director of aging's~~ rules shall be adopted in accordance with	16428
Chapter 119. of the Revised Code.	16429

Sec. 173.45. As used in this section and in sections 173.46	16430
to 173.49 of the Revised Code:	16431

(A) "Residential facility" means a residential facility	16432
licensed under section ~~5119.22~~5119.34 of the Revised Code that	16433
provides accommodations, supervision, and personal care services	16434
for three to sixteen unrelated adults.	16435

(B) "Community-based long-term care services" has the same	16436
meaning as in section 173.14 of the Revised Code.	16437

(C) "Long-term care facility" means a nursing home or	16438
residential care facility.	16439

(D) "Nursing home" and "residential care facility" have the	16440
same meanings as in section 3721.01 of the Revised Code.	16441

(E) "Nursing facility" has the same meaning as in section	16442
~~5111.20~~5165.01 of the Revised Code.	16443

Sec. 173.47. (A) For purposes of publishing the Ohio	16444
long-term care consumer guide, the department of aging shall	16445
conduct or provide for the conduct of an annual customer	16446
satisfaction survey of each long-term care facility. The results	16447
of the surveys may include information obtained from long-term	16448
care facility residents, their families, or both. A survey that is	16449
to include information obtained from nursing facility residents	16450
shall include the questions specified in divisions (C)(7)(a) and	16451
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	16452
the Revised Code. A survey that is to include information obtained	16453
from the families of nursing facility residents shall include the	16454
questions specified in divisions (C)(8)(a) and (b) and (19) and	16455
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	16456

(B) Each long-term care facility shall cooperate in the	16457
conduct of its annual customer satisfaction survey.	16458

Sec. 173.48. (A)(1) The department of aging may charge annual	16459
fees to long-term care facilities for the publication of the Ohio	16460
long-term care consumer guide. The department may contract with	16461
any person or government entity to collect the fees on its behalf.	16462
All fees collected under this section shall be deposited in	16463
accordance with division (B) of this section.	16464

(2) The annual fees charged under this section shall not	16465
exceed the following amounts:	16466

(a) Six hundred fifty dollars for each long-term care	16467
facility that is a nursing home;	16468

(b) Three hundred dollars for each long-term care facility	16469
that is a residential care facility.	16470

(3) Fees paid by a long-term care facility that is a nursing	16471
facility shall be reimbursed through the medicaid program ~~operated~~	16472
~~under Chapter 5111. of the Revised Code~~.	16473

(B) There is hereby created in the state treasury the	16474
long-term care consumer guide fund. Money collected from the fees	16475
charged for the publication of the Ohio long-term care consumer	16476
guide under division (A) of this section shall be credited to the	16477
fund. The department shall use money in the fund for costs	16478
associated with publishing the Ohio long-term care consumer guide,	16479
including, but not limited to, costs incurred in conducting or	16480
providing for the conduct of customer satisfaction surveys.	16481

Sec. 173.50. (A) Pursuant to a contract entered into with the	16482
department of ~~job and family services~~medicaid as an interagency	16483
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	16484
department of aging shall carry out the day-to-day administration	16485
of the component of the medicaid program ~~established under Chapter~~	16486
~~5111. of the Revised Code~~ known as the program of all-inclusive	16487
care for the elderly or PACE. The department of aging shall carry	16488
out its PACE administrative duties in accordance with the	16489
provisions of the interagency agreement and all applicable federal	16490
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	16491
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	16492

(B) ~~The department~~To the extent authorized by rules	16493
authorized by section 5162.021 of the Revised Code, the director	16494
of aging may adopt rules in accordance with Chapter 119. of the	16495
Revised Code regarding the PACE program, including rules	16496
establishing priorities for enrolling in the program pursuant to	16497
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	16498
~~subject to both of the following:~~	16499

~~(1) The rules shall be authorized by rules adopted by the~~	16500
~~department of job and family services.~~	16501

~~(2) The rules~~ shall address only those issues that are not	16502
addressed in rules adopted by the ~~department of job and family~~	16503
~~services~~medicaid director for the PACE program.	16504

Sec. 173.501. (A) As used in this section:

16505

"Nursing facility" has the same meaning as in section ~~5111.20~~	16506
5165.01 of the Revised Code.	16507

"PACE provider" has the same meaning as in the "Social	16508
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	16509

(B) The department of aging shall establish a home first	16510
component of the PACE program under which eligible individuals may	16511
be enrolled in the PACE program in accordance with this section.	16512
An individual is eligible for the PACE program's home first	16513
component if both of the following apply:	16514

(1) The individual has been determined to be eligible for the	16515
PACE program.	16516

(2) At least one of the following applies:

16517

(a) The individual has been admitted to a nursing facility.

16518

(b) A physician has determined and documented in writing that	16519
the individual has a medical condition that, unless the individual	16520
is enrolled in home and community-based services such as the PACE	16521
program, will require the individual to be admitted to a nursing	16522
facility within thirty days of the physician's determination.	16523

(c) The individual has been hospitalized and a physician has	16524
determined and documented in writing that, unless the individual	16525
is enrolled in home and community-based services such as the PACE	16526
program, the individual is to be transported directly from the	16527
hospital to a nursing facility and admitted.	16528

(d) Both of the following apply:

16529

(i) The individual is the subject of a report made under	16530
section 5101.61 of the Revised Code regarding abuse, neglect, or	16531
exploitation or such a report referred to a county department of	16532
job and family services under section 5126.31 of the Revised Code	16533
or has made a request to a county department for protective	16534
services as defined in section 5101.60 of the Revised Code.	16535

(ii) A county department of job and family services and an	16536
area agency on aging have jointly documented in writing that,	16537
unless the individual is enrolled in home and community-based	16538
services such as the PACE program, the individual should be	16539
admitted to a nursing facility.	16540

(C) Each month, the department of aging shall identify	16541
individuals who are eligible for the home first component of the	16542
PACE program. When the department identifies such an individual,	16543
the department shall notify the PACE provider serving the area in	16544
which the individual resides. The PACE provider shall determine	16545
whether the PACE program is appropriate for the individual and	16546
whether the individual would rather participate in the PACE	16547
program than continue or begin to reside in a nursing facility. If	16548
the PACE provider determines that the PACE program is appropriate	16549
for the individual and the individual would rather participate in	16550
the PACE program than continue or begin to reside in a nursing	16551
facility, the PACE provider shall so notify the department of	16552
aging. On receipt of the notice from the PACE provider, the	16553
department of aging shall approve the individual's enrollment in	16554
the PACE program in accordance with priorities established in	16555
rules adopted under section 173.50 of the Revised Code.	16556

Sec. 173.51. As used in sections 173.51 to 173.56 of the	16557
Revised Code:	16558

"Area agency on aging" has the same meaning as in section	16559
173.14 of the Revised Code.	16560

"Assisted living program" means the program that consists of	16561
a medicaid-funded component created under section 173.54 of the	16562
Revised Code and a state-funded component created under section	16563
173.543 of the Revised Code and provides assisted living services	16564
to individuals who meet the program's applicable eligibility	16565
requirements.	16566

"Assisted living services" means the following home and	16567
community-based services: personal care, homemaker, chore,	16568
attendant care, companion, medication oversight, and therapeutic	16569
social and recreational programming.	16570

"Assisted living waiver" means the federal medicaid waiver	16571
granted by the United States secretary of health and human	16572
services that authorizes the medicaid-funded component of the	16573
assisted living program.	16574

"Choices program" means the program created under section	16575
173.53 of the Revised Code.	16576

"County or district home" means a county or district home	16577
operated under Chapter 5155. of the Revised Code.	16578

"Long-term care consultation program" means the program the	16579
department of aging is required to develop under section 173.42 of	16580
the Revised Code.	16581

"Long-term care consultation program administrator" or	16582
"administrator" means the department of aging or, if the	16583
department contracts with an area agency on aging or other entity	16584
to administer the long-term care consultation program for a	16585
particular area, that agency or entity.	16586

"Medicaid waiver component" has the same meaning as in	16587
section 5166.01 of the Revised Code.	16588

"Nursing facility" has the same meaning as in section 5165.01	16589
of the Revised Code.	16590

"PASSPORT program" means the preadmission screening system	16591
providing options and resources today program (PASSPORT) that	16592
consists of a medicaid-funded component created under section	16593
173.52 of the Revised Code and a state-funded component created	16594
under section 173.522 of the Revised Code and provides home and	16595
community-based services as an alternative to nursing facility	16596
placement for individuals who are aged and disabled and meet the	16597
program's applicable eligibility requirements.	16598

"PASSPORT waiver" means the federal medicaid waiver granted	16599
by the United States secretary of health and human services that	16600
authorizes the medicaid-funded component of the PASSPORT program.	16601

"Representative" means a person acting on behalf of an	16602
applicant for the medicaid-funded component or state-funded	16603
component of the assisted living program. A representative may be	16604
a family member, attorney, hospital social worker, or any other	16605
person chosen to act on behalf of an applicant.	16606

"Residential care facility" has the same meaning as in	16607
section 3721.01 of the Revised Code.	16608

"Unified long-term services and support medicaid waiver	16609
component" means the medicaid waiver component authorized by	16610
section 5166.14 of the Revised Code.	16611

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	16612
~~173.402 of the Revised Code:~~	16613

~~"Medicaid waiver component" has the same meaning as in~~	16614
~~section 5111.85 of the Revised Code.~~	16615

~~"PASSPORT program" means the program created under this~~	16616
~~section.~~	16617

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	16618
~~by the United States secretary of health and human services that~~	16619
~~authorizes the medicaid-funded component of the PASSPORT program.~~	16620

~~"Unified long-term services and support medicaid waiver~~	16621
~~component" means the medicaid waiver component authorized by~~	16622
~~section 5111.864 of the Revised Code.~~	16623

~~(B) There is hereby created~~The department of medicaid shall	16624
create the medicaid-funded component of the ~~preadmission screening~~	16625
~~system providing options and resources today program, or~~ PASSPORT	16626
program. ~~The PASSPORT program shall provide home and~~	16627
~~community-based services as an alternative to nursing facility~~	16628
~~placement for individuals who are aged and disabled and meet the~~	16629
~~program's applicable eligibility requirements. Subject to division~~	16630
~~(C) of this section, the program shall have a medicaid-funded~~	16631
~~component and a state-funded component.~~In creating the	16632
medicaid-funded component, the department of medicaid shall	16633
collaborate with the department of aging.	16634

~~(C)(1)~~(B) Unless the medicaid-funded component of the	16635
PASSPORT program is terminated under division (C)~~(2)~~ of this	16636
section, all of the following apply:	16637

~~(a)~~(1) The department of aging shall administer the	16638
medicaid-funded component through a contract entered into with the	16639
department of ~~job and family services~~medicaid under section	16640
~~5111.91~~5162.35 of the Revised Code.	16641

~~(b)~~(2) The medicaid-funded component shall be operated as a	16642
separate medicaid waiver component.	16643

~~(c)~~(3) For an individual to be eligible for the	16644
medicaid-funded component, the individual must be a medicaid	16645
recipient and meet the additional eligibility requirements	16646
applicable to the individual established in rules adopted under	16647
division ~~(C)(1)(d)~~(B)(4) of this section.	16648

~~(d) The director of job and family services shall adopt~~(4)	16649
To the extent authorized by rules ~~under~~authorization by section	16650
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	16651
shall adopt rules in accordance with Chapter 119. of the Revised	16652
Code to implement the medicaid-funded component.	16653

~~(2)~~(C) If the unified long-term services and support medicaid	16654
waiver component is created, the departments of aging and ~~job and~~	16655
~~family services~~medicaid shall work together to determine whether	16656
the medicaid-funded component of the PASSPORT program should	16657
continue to operate as a separate medicaid waiver component or be	16658
terminated. If the departments determine that the medicaid-funded	16659
component of the PASSPORT program should be terminated, the	16660
medicaid-funded component shall cease to exist on a date the	16661
departments shall specify.	16662

~~(D)(1) The department of aging shall administer the~~	16663
~~state-funded component of the PASSPORT program. The state-funded~~	16664
~~component shall not be administered as part of the medicaid~~	16665
~~program.~~	16666

~~(2) For an individual to be eligible for the state-funded~~	16667
~~component, the individual must meet one of the following~~	16668
~~requirements and meet the additional eligibility requirements~~	16669
~~applicable to the individual established in rules adopted under~~	16670
~~division (D)(4) of this section:~~	16671

~~(a) The individual must have been enrolled in the~~	16672
~~state-funded component on September 1, 1991, (as the state-funded~~	16673
~~component was authorized by uncodified law in effect at that time)~~	16674
~~and have had one or more applications for enrollment in the~~	16675
~~medicaid-funded component (or, if the medicaid-funded component is~~	16676
~~terminated under division (C)(2) of this section, the unified~~	16677
~~long-term services and support medicaid waiver component) denied.~~	16678

~~(b) The individual must have had the individual's enrollment~~	16679
~~in the medicaid-funded component (or, if the medicaid-funded~~	16680
~~component is terminated under division (C)(2) of this section, the~~	16681
~~unified long-term services and support medicaid waiver component)~~	16682
~~terminated and the individual must still need the home and~~	16683
~~community-based services provided under the PASSPORT program to~~	16684
~~protect the individual's health and safety.~~	16685

~~(c) The individual must have an application for the~~	16686
~~medicaid-funded component (or, if the medicaid-funded component is~~	16687
~~terminated under division (C)(2) of this section, the unified~~	16688
~~long-term services and support medicaid waiver component) pending~~	16689
~~and the department or the department's designee must have~~	16690
~~determined that the individual meets the nonfinancial eligibility~~	16691
~~requirements of the medicaid-funded component (or, if the~~	16692
~~medicaid-funded component is terminated under division (C)(2) of~~	16693
~~this section, the unified long-term services and support medicaid~~	16694
~~waiver component) and not have reason to doubt that the individual~~	16695
~~meets the financial eligibility requirements of the~~	16696
~~medicaid-funded component (or, if the medicaid-funded component is~~	16697
~~terminated under division (C)(2) of this section, the unified~~	16698
~~long-term services and support medicaid waiver component).~~	16699

~~(3) An individual who is eligible for the state-funded~~	16700
~~component because the individual meets the requirement of division~~	16701
~~(D)(2)(c) of this section may participate in the component on that~~	16702
~~basis for not more than ninety days.~~	16703

~~(4) The director of aging shall adopt rules in accordance~~	16704
~~with section 111.15 of the Revised Code to implement the~~	16705
~~state-funded component. The additional eligibility requirements~~	16706
~~established in the rules may vary for the different groups of~~	16707
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	16708
~~section.~~	16709

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

16710

~~"Area agency on aging" has the same meaning as in section~~	16711
~~173.14 of the Revised Code.~~	16712

~~"Long-term care consultation program" means the program the~~	16713
~~department of aging is required to develop under section 173.42 of~~	16714
~~the Revised Code.~~	16715

~~"Long-term care consultation program administrator" or~~	16716
~~"administrator" means the department of aging or, if the~~	16717
~~department contracts with an area agency on aging or other entity~~	16718
~~to administer the long-term care consultation program for a~~	16719
~~particular area, that agency or entity.~~	16720

~~"Nursing facility" has the same meaning as in section 5111.20~~	16721
~~of the Revised Code.~~	16722

~~(B) Subject~~Unless the medicaid-funded component of the	16723
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	16724
section ~~173.40~~173.52 of the Revised Code, the department shall	16725
establish a home first component of the PASSPORT program under	16726
which eligible individuals may be enrolled in the medicaid-funded	16727
component of the PASSPORT program in accordance with this section.	16728
An individual is eligible for the PASSPORT program's home first	16729
component if both of the following apply:	16730

(1) The individual has been determined to be eligible for the	16731
medicaid-funded component of the PASSPORT program.	16732

(2) At least one of the following applies:

16733

(a) The individual has been admitted to a nursing facility.

16734

(b) A physician has determined and documented in writing that	16735
the individual has a medical condition that, unless the individual	16736
is enrolled in home and community-based services such as the	16737
PASSPORT program, will require the individual to be admitted to a	16738
nursing facility within thirty days of the physician's	16739
determination.	16740

(c) The individual has been hospitalized and a physician has	16741
determined and documented in writing that, unless the individual	16742
is enrolled in home and community-based services such as the	16743
PASSPORT program, the individual is to be transported directly	16744
from the hospital to a nursing facility and admitted.	16745

(d) Both of the following apply:

16746

(i) The individual is the subject of a report made under	16747
section 5101.61 of the Revised Code regarding abuse, neglect, or	16748
exploitation or such a report referred to a county department of	16749
job and family services under section 5126.31 of the Revised Code	16750
or has made a request to a county department for protective	16751
services as defined in section 5101.60 of the Revised Code.	16752

(ii) A county department of job and family services and an	16753
area agency on aging have jointly documented in writing that,	16754
unless the individual is enrolled in home and community-based	16755
services such as the PASSPORT program, the individual should be	16756
admitted to a nursing facility.	16757

~~(C)~~(B) Each month, each area agency on aging shall identify	16758
individuals residing in the area that the agency serves who are	16759
eligible for the home first component of the PASSPORT program.	16760
When an area agency on aging identifies such an individual, the	16761
agency shall notify the long-term care consultation program	16762
administrator serving the area in which the individual resides.	16763
The administrator shall determine whether the PASSPORT program is	16764
appropriate for the individual and whether the individual would	16765
rather participate in the PASSPORT program than continue or begin	16766
to reside in a nursing facility. If the administrator determines	16767
that the PASSPORT program is appropriate for the individual and	16768
the individual would rather participate in the PASSPORT program	16769
than continue or begin to reside in a nursing facility, the	16770
administrator shall so notify the department of aging. On receipt	16771
of the notice from the administrator, the department shall approve	16772
the individual's enrollment in the medicaid-funded component of	16773
the PASSPORT program regardless of the unified waiting list	16774
established under section ~~173.404~~173.55 of the Revised Code,	16775
unless the enrollment would cause the component to exceed any	16776
limit on the number of individuals who may be enrolled in the	16777
component as set by the United States secretary of health and	16778
human services in the PASSPORT waiver.	16779

Sec. 173.522. (A) The department of aging shall create and	16780
administer the state-funded component of the PASSPORT program. The	16781
state-funded component shall not be administered as part of the	16782
medicaid program.	16783

(B) For an individual to be eligible for the state-funded	16784
component of the PASSPORT program, the individual must meet one of	16785
the following requirements and meet the additional eligibility	16786
requirements applicable to the individual established in rules	16787
adopted under division (D) of this section:	16788

(1) The individual must have been enrolled in the	16789
state-funded component on September 1, 1991, (as the state-funded	16790
component was authorized by uncodified law in effect at that time)	16791
and have had one or more applications for enrollment in the	16792
medicaid-funded component of the PASSPORT program (or, if the	16793
medicaid-funded component is terminated under division (C) of	16794
section 173.52 of the Revised Code, the unified long-term services	16795
and support medicaid waiver component) denied.	16796

(2) The individual must have had the individual's enrollment	16797
in the medicaid-funded component of the PASSPORT program (or, if	16798
the medicaid-funded component is terminated under division (C) of	16799
section 173.52 of the Revised Code, the unified long-term services	16800
and support medicaid waiver component) terminated and the	16801
individual must still need the home and community-based services	16802
provided under the PASSPORT program to protect the individual's	16803
health and safety.	16804

(3) The individual must have an application for the	16805
medicaid-funded component of the PASSPORT program (or, if the	16806
medicaid-funded component is terminated under division (C) of	16807
section 173.52 of the Revised Code, the unified long-term services	16808
and support medicaid waiver component) pending and the department	16809
or the department's designee must have determined that the	16810
individual meets the nonfinancial eligibility requirements of the	16811
medicaid-funded component (or, if the medicaid-funded component is	16812
terminated under division (C) of section 173.52 of the Revised	16813
Code, the unified long-term services and support medicaid waiver	16814
component) and not have reason to doubt that the individual meets	16815
the financial eligibility requirements of the medicaid-funded	16816
component (or, if the medicaid-funded component is terminated	16817
under division (C) of section 173.52 of the Revised Code, the	16818
unified long-term services and support medicaid waiver component).	16819

(C) An individual who is eligible for the state-funded	16820
component of the PASSPORT program because the individual meets the	16821
requirement of division (B)(3) of this section may participate in	16822
the component on that basis for not more than ninety days.	16823

(D) The director of aging shall adopt rules in accordance	16824
with section 111.15 of the Revised Code to implement the	16825
state-funded component of the PASSPORT program. The additional	16826
eligibility requirements established in the rules may vary for the	16827
different groups of individuals specified in divisions (B)(1),	16828
(2), and (3) of this section.	16829

Sec. 173.523. (A) An individual who is an applicant for or	16830
participant or former participant in the state-funded component of	16831
the PASSPORT program may appeal an adverse action taken or	16832
proposed to be taken by the department of aging or an entity	16833
designated by the department concerning participation in or	16834
services provided under the component if the action will result in	16835
any of the following:	16836

(1) Denial of enrollment or continued enrollment in the	16837
component;	16838

(2) Denial of or reduction in the amount of services	16839
requested by or offered to the individual under the component;	16840

(3) Assessment of any patient liability payment pursuant to	16841
rules adopted by the department under this section.	16842

The appeal shall be made in accordance with section 173.56 of	16843
the Revised Code and rules adopted pursuant to that section.	16844

(B) An individual who is an applicant for or participant or	16845
former participant in the state-funded component of the PASSPORT	16846
program may not bring an appeal under this or any other section of	16847
the Revised Code if any of the following is the case:	16848

(1) The individual has voluntarily withdrawn the application	16849
for enrollment in the component;	16850

(2) The individual has voluntarily terminated enrollment in	16851
the component;	16852

(3) The individual agrees with the action being taken or	16853
proposed;	16854

(4) The individual fails to submit a written request for a	16855
hearing to the director of aging within the time specified in the	16856
rules adopted pursuant to section 173.56 of the Revised Code;	16857

(5) The individual has received services under the component	16858
for the maximum time permitted by this section.	16859

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	16860
program may request that home-delivered meals provided to the	16861
individual under the PASSPORT program be kosher. If such a request	16862
is made, the department of aging or the department's designee	16863
shall ensure that each home-delivered meal provided to the	16864
individual under the PASSPORT program is kosher. In complying with	16865
this requirement, the department or department's designee shall	16866
require each entity that provides home-delivered meals to the	16867
individual to provide the individual with meals that meet, as much	16868
as possible, the requirements established in rules adopted under	16869
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	16870
governing the home-delivered meal service while complying with	16871
kosher practices for meal preparation and dietary restrictions.	16872

An entity that provides a kosher home-delivered meal to a	16873
PASSPORT program enrollee pursuant to this section shall be	16874
reimbursed for the meal at a rate equal to the rate for	16875
home-delivered meals furnished to PASSPORT program enrollees	16876
requiring a therapeutic diet.	16877

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

16878

~~"Choices program" means the program created under this~~	16879
~~section.~~	16880

~~"Medicaid waiver component" has the same meaning as in~~	16881
~~section 5111.85 of the Revised Code.~~	16882

~~"Unified long-term services and support medicaid waiver~~	16883
~~component" means the medicaid waiver component authorized by~~	16884
~~section 5111.864 of the Revised Code.~~	16885

~~(B) Subject to division (C) of this section, there is hereby~~	16886
~~created~~The department of medicaid shall create the choices	16887
program. In creating the choices program, the department of	16888
medicaid shall collaborate with the department of aging. Subject	16889
to division (B) of this section:	16890

(1) The choices program shall provide home and	16891
community-based services~~. The~~;	16892

(2) The department of aging shall administer the choices	16893
program through a contract entered into with the department of	16894
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	16895
the Revised Code~~. Subject to federal approval, the~~;	16896

(3) The choices program shall be available statewide.

16897

~~(C)~~(B) If the unified long-term services and support medicaid	16898
waiver component is created, the departments of aging and ~~job and~~	16899
~~family services~~medicaid shall ~~work together~~collaborate to	16900
determine whether the choices program should continue to operate	16901
as a separate medicaid waiver component or be terminated. If the	16902
departments determine that the choices program should be	16903
terminated, the program shall cease to exist on a date the	16904
departments shall specify.	16905

(C) If the choices program is terminated pursuant to division	16906
(B) of this section or for another reason, not sooner than six	16907
months before the date on which the program ceases to exist, the	16908
director of aging may do both of the following:	16909

(1) Suspend new enrollments in the choices program;

16910

(2) Transfer participants of the choices program to the	16911
following:	16912

(a) Except as provided in division (C)(2)(b) of this section,	16913
the medicaid-funded component of the PASSPORT program created	16914
under section 173.52 of the Revised Code;	16915

(b) If the medicaid-funded component of the PASSPORT program	16916
is terminated pursuant to division (C) of section 173.52 of the	16917
Revised Code, the unified long-term services and support medicaid	16918
waiver component.	16919

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	16920
~~5111.894 of the Revised Code:~~	16921

~~"Area agency on aging" has the same meaning as in section~~	16922
~~173.14 of the Revised Code.~~	16923

~~"Assisted living program" means the program created under~~	16924
~~this section.~~	16925

~~"Assisted living services" means the following home and~~	16926
~~community-based services: personal care, homemaker, chore,~~	16927
~~attendant care, companion, medication oversight, and therapeutic~~	16928
~~social and recreational programming.~~	16929

~~"Assisted living waiver" means the federal medicaid waiver~~	16930
~~granted by the United States secretary of health and human~~	16931
~~services that authorizes the medicaid-funded component of the~~	16932
~~assisted living program.~~	16933

~~"County or district home" means a county or district home~~	16934
~~operated under Chapter 5155. of the Revised Code.~~	16935

~~"Long-term care consultation program" means the program the~~	16936
~~department of aging is required to develop under section 173.42 of~~	16937
~~the Revised Code.~~	16938

~~"Long-term care consultation program administrator" or~~	16939
~~"administrator" means the department of aging or, if the~~	16940
~~department contracts with an area agency on aging or other entity~~	16941
~~to administer the long-term care consultation program for a~~	16942
~~particular area, that agency or entity.~~	16943

~~"Medicaid waiver component" has the same meaning as in~~	16944
~~section 5111.85 of the Revised Code.~~	16945

~~"Nursing facility" has the same meaning as in section 5111.20~~	16946
~~of the Revised Code.~~	16947

~~"Residential care facility" has the same meaning as in~~	16948
~~section 3721.01 of the Revised Code.~~	16949

~~"Unified long-term services and support medicaid waiver~~	16950
~~component" means the medicaid waiver component authorized by~~	16951
~~section 5111.864 of the Revised Code.~~	16952

~~(B) There is hereby created~~The department of medicaid shall	16953
create the medicaid-funded component of the assisted living	16954
program. ~~The program shall provide assisted living services to~~	16955
~~individuals who meet the program's applicable eligibility~~	16956
~~requirements. Subject to division (C) of this section, the program~~	16957
~~shall have a medicaid-funded component and a state-funded~~	16958
~~component~~In creating the medicaid-funded component, the	16959
department of medicaid shall collaborate with the department of	16960
aging.	16961

~~(C)(1)~~(B) Unless the medicaid-funded component of the	16962
assisted living program is terminated under division (C)~~(2)~~ of	16963
this section, all of the following apply:	16964

~~(a)~~(1) The department of aging shall administer the	16965
medicaid-funded component through a contract entered into with the	16966
department of ~~job and family services~~medicaid under section	16967
~~5111.91~~5162.35 of the Revised Code.	16968

~~(b)~~(2) The contract shall include an estimate of the	16969
medicaid-funded component's costs.	16970

~~(c)~~(3) The medicaid-funded component shall be operated as a	16971
separate medicaid waiver component.	16972

~~(d)~~(4) The medicaid-funded component may not serve more	16973
individuals than is set by the United States secretary of health	16974
and human services in the assisted living waiver.	16975

~~(e) The director of job and family services may adopt rules~~	16976
~~under section 5111.85 of the Revised Code regarding the~~	16977
~~medicaid-funded component.~~	16978

~~(f) The~~(5) To the extent authorized by rules authorized by	16979
section 5162.021 of the Revised Code, the director of aging may	16980
adopt rules under Chapter 119. of the Revised Code regarding the	16981
medicaid-funded component ~~that the rules adopted by the director~~	16982
~~of job and family services under division (C)(1)(e) of this~~	16983
~~section authorize the director of aging to adopt~~.	16984

~~(2)~~(C) If the unified long-term services and support medicaid	16985
waiver component is created, the departments of aging and ~~job and~~	16986
~~family services~~medicaid shall ~~work together~~collaborate to	16987
determine whether the medicaid-funded component of the assisted	16988
living program should continue to operate as a separate medicaid	16989
waiver component or be terminated. If the departments determine	16990
that the medicaid-funded component of the assisted living program	16991
should be terminated, the medicaid-funded component shall cease to	16992
exist on a date the departments shall specify.	16993

~~(D) The department of aging shall administer the state-funded~~	16994
~~component of the assisted living program. The state-funded~~	16995
~~component shall not be administered as part of the medicaid~~	16996
~~program.~~	16997

~~An individual who is eligible for the state-funded component~~	16998
~~may participate in the component for not more than ninety days.~~	16999

~~The director of aging shall adopt rules in accordance with~~	17000
~~section 111.15 of the Revised Code to implement the state-funded~~	17001
~~component.~~	17002

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	17003
medicaid-funded component of the assisted living program, an	17004
individual must meet all of the following requirements:	17005

(A) Need an intermediate level of care as determined ~~under~~	17006
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	17007
of the ~~Administrative~~Revised Code;	17008

(B) While receiving assisted living services under the	17009
medicaid-funded component, reside in a residential care facility	17010
that is authorized by a valid medicaid provider agreement to	17011
participate in the component, including both of the following:	17012

(1) A residential care facility that is owned or operated by	17013
a metropolitan housing authority that has a contract with the	17014
United States department of housing and urban development to	17015
receive an operating subsidy or rental assistance for the	17016
residents of the facility;	17017

(2) A county or district home licensed as a residential care	17018
facility.	17019

(C) Meet all other eligibility requirements for the	17020
medicaid-funded component established in rules adopted ~~pursuant to~~	17021
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	17022

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	17023
medicaid-funded component of the assisted living program is	17024
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	17025
of the Revised Code, the department of aging shall establish a	17026
home first component of the assisted living program under which	17027
eligible individuals may be enrolled in the medicaid-funded	17028
component of the assisted living program in accordance with this	17029
section. An individual is eligible for the assisted living	17030
program's home first component if both of the following apply:	17031

(1) The individual has been determined to be eligible for the	17032
medicaid-funded component of the assisted living program.	17033

(2) At least one of the following applies:

17034

(a) The individual has been admitted to a nursing facility.

17035

(b) A physician has determined and documented in writing that	17036
the individual has a medical condition that, unless the individual	17037
is enrolled in home and community-based services such as the	17038
assisted living program, will require the individual to be	17039
admitted to a nursing facility within thirty days of the	17040
physician's determination.	17041

(c) The individual has been hospitalized and a physician has	17042
determined and documented in writing that, unless the individual	17043
is enrolled in home and community-based services such as the	17044
assisted living program, the individual is to be transported	17045
directly from the hospital to a nursing facility and admitted.	17046

(d) Both of the following apply:

17047

(i) The individual is the subject of a report made under	17048
section 5101.61 of the Revised Code regarding abuse, neglect, or	17049
exploitation or such a report referred to a county department of	17050
job and family services under section 5126.31 of the Revised Code	17051
or has made a request to a county department for protective	17052
services as defined in section 5101.60 of the Revised Code.	17053

(ii) A county department of job and family services and an	17054
area agency on aging have jointly documented in writing that,	17055
unless the individual is enrolled in home and community-based	17056
services such as the assisted living program, the individual	17057
should be admitted to a nursing facility.	17058

(B) Each month, each area agency on aging shall identify	17059
individuals residing in the area that the area agency on aging	17060
serves who are eligible for the home first component of the	17061
assisted living program. When an area agency on aging identifies	17062
such an individual and determines that there is a vacancy in a	17063
residential care facility participating in the medicaid-funded	17064
component of the assisted living program that is acceptable to the	17065
individual, the agency shall notify the long-term care	17066
consultation program administrator serving the area in which the	17067
individual resides. The administrator shall determine whether the	17068
assisted living program is appropriate for the individual and	17069
whether the individual would rather participate in the assisted	17070
living program than continue or begin to reside in a nursing	17071
facility. If the administrator determines that the assisted living	17072
program is appropriate for the individual and the individual would	17073
rather participate in the assisted living program than continue or	17074
begin to reside in a nursing facility, the administrator shall so	17075
notify the department of aging. On receipt of the notice from the	17076
administrator, the department shall approve the individual's	17077
enrollment in the medicaid-funded component of the assisted living	17078
program regardless of the unified waiting list established under	17079
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	17080
would cause the component to exceed any limit on the number of	17081
individuals who may participate in the component as set by the	17082
United States secretary of health and human services in the	17083
assisted living waiver.	17084

Sec. 173.543. The department of aging shall create and	17085
administer the state-funded component of the assisted living	17086
program. The state-funded component shall not be administered as	17087
part of the medicaid program.	17088

An individual who is eligible for the state-funded component	17089
may participate in the component for not more than ninety days.	17090

The director of aging shall adopt rules in accordance with	17091
section 111.15 of the Revised Code to implement the state-funded	17092
component.	17093

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	17094
component of the assisted living program, an individual must meet	17095
all of the following requirements:	17096

(A) The individual must need an intermediate level of care as	17097
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	17098
section 173.546 of the ~~Administrative~~Revised Code;.	17099

(B) The individual must have an application for the	17100
medicaid-funded component of the assisted living program (or, if	17101
the medicaid-funded component is terminated under division (C)~~(2)~~	17102
of section ~~5111.89~~173.54 of the Revised Code, the unified	17103
long-term services and support medicaid waiver component) pending	17104
and the department or the department's designee must have	17105
determined that the individual meets the nonfinancial eligibility	17106
requirements of the medicaid-funded component (or, if the	17107
medicaid-funded component is terminated under division (C)~~(2)~~ of	17108
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	17109
services and support medicaid waiver component) and not have	17110
reason to doubt that the individual meets the financial	17111
eligibility requirements of the medicaid-funded component (or, if	17112
the medicaid-funded component is terminated under division (C)~~(2)~~	17113
of section ~~5111.89~~173.54 of the Revised Code, the unified	17114
long-term services and support medicaid waiver component).	17115

(C) While receiving assisted living services under the	17116
state-funded component, the individual must reside in a	17117
residential care facility that is authorized by a valid provider	17118
agreement to participate in the component, including both of the	17119
following:	17120

(1) A residential care facility that is owned or operated by	17121
a metropolitan housing authority that has a contract with the	17122
United States department of housing and urban development to	17123
receive an operating subsidy or rental assistance for the	17124
residents of the facility;	17125

(2) A county or district home licensed as a residential care	17126
facility.	17127

(D) The individual must meet all other eligibility	17128
requirements for the state-funded component established in rules	17129
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	17130
Revised Code.	17131

Sec. 173.545. (A) An individual who is an applicant for or	17132
participant or former participant in the state-funded component of	17133
the assisted living program may appeal an adverse action taken or	17134
proposed to be taken by the department of aging or an entity	17135
designated by the department concerning participation in or	17136
services provided under the component if the action will result in	17137
any of the following:	17138

(1) Denial of enrollment or continued enrollment in the	17139
component;	17140

(2) Denial of or reduction in the amount of services	17141
requested by or offered to the individual under the component;	17142

(3) Assessment of any patient liability payment pursuant to	17143
rules adopted by the department under this section.	17144

The appeal shall be made in accordance with section 173.56 of	17145
the Revised Code and rules adopted pursuant to that section.	17146

(B) An individual who is an applicant for or participant or	17147
former participant in the state-funded component of the assisted	17148
living program may not bring an appeal under this or any other	17149
section of the Revised Code if any of the following is the case:	17150

(1) The individual has voluntarily withdrawn the application	17151
for enrollment in the component;	17152

(2) The individual has voluntarily terminated enrollment in	17153
the component;	17154

(3) The individual agrees with the action being taken or	17155
proposed;	17156

(4) The individual fails to submit a written request for a	17157
hearing to the director of aging within the time specified in the	17158
rules adopted pursuant to section 173.56 of the Revised Code;	17159

(5) The individual has received services under the component	17160
for the maximum time permitted by this section.	17161

Sec. 173.546. (A) Each applicant for the assisted living	17162
program shall undergo an assessment to determine whether the	17163
applicant needs an intermediate level of care. The department of	17164
medicaid or an agency under contract pursuant to division (C) of	17165
this section shall conduct the assessment. The assessment may be	17166
performed concurrently with a long-term care consultation provided	17167
under section 173.42 of the Revised Code.	17168

(B) An applicant or applicant's representative has the right	17169
to appeal an assessment's findings. Section 5160.31 of the Revised	17170
Code applies to appeals regarding the medicaid-funded component of	17171
the assisted living program. The department or an agency under	17172
contract to conduct the assessment shall provide written notice of	17173
this right to the applicant or applicant's representative and the	17174
residential care facility in which the applicant intends to reside	17175
if enrolled in the assisted living program. The notice shall	17176
include an explanation of the appeal procedures. The department or	17177
agency under contract to conduct the assessment shall represent	17178
the state in any appeal of an assessment's findings.	17179

(C) The department may contract with one or more agencies to	17180
perform assessments under this section. A contract shall specify	17181
the agency's responsibilities regarding the assessments.	17182

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	17183
services covered by the assisted living program to an individual	17184
enrolled in the program shall have staff on-site twenty-four hours	17185
each day who are able to do all of the following:	17186

(A) Meet the scheduled and unpredicted needs of the	17187
individuals enrolled in the assisted living program in a manner	17188
that promotes the individuals' dignity and independence;	17189

(B) Provide supervision services for those individuals;

17190

17191

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

17192

(1) "Department of aging-administered medicaid waiver	17193
component" means each of the following:	17194

(a) The medicaid-funded component of the PASSPORT program	17195
~~created under section 173.40 of the Revised Code~~;	17196

(b) The choices program ~~created under section 173.403 of the~~	17197
~~Revised Code~~;	17198

(c) The medicaid-funded component of the assisted living	17199
program ~~created under section 5111.89 of the Revised Code~~.	17200

(2) "PACE program" means the component of the medicaid	17201
program the department of aging administers pursuant to section	17202
173.50 of the Revised Code.	17203

(B) If the department of aging determines that there are	17204
insufficient funds to enroll all individuals who have applied and	17205
been determined eligible for department of aging-administered	17206
medicaid waiver components and the PACE program, the department	17207
shall establish a unified waiting list for the components and	17208
program. Only individuals eligible for a department of	17209
aging-administered medicaid waiver component or the PACE program	17210
may be placed on the unified waiting list. An individual who may	17211
be enrolled in a department of aging-administered medicaid waiver	17212
component or the PACE program through a home first component	17213
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	17214
173.542 of the Revised Code may be so enrolled without being	17215
placed on the unified waiting list.	17216

Sec. 173.56. (A) The department of aging shall adopt rules	17217
in accordance with section 111.15 of the Revised Code governing	17218
appeals brought under section 173.523 or 173.545 of the Revised	17219
Code. The rules shall require notice and the opportunity for a	17220
hearing. The rules may allow an appeal hearing to be conducted by	17221
telephone and permit the department to record hearings conducted	17222
by telephone. Chapter 119. of the Revised Code applies to a	17223
hearing under section 173.523 or 173.545 of the Revised Code only	17224
to the extent provided in rules the department adopts under this	17225
section.	17226

(B) An appeal shall be commenced by submission of a written	17227
request for a hearing to the director of aging within the time	17228
specified in the rules adopted under this section. The hearing may	17229
be recorded, but neither the recording nor a transcript of the	17230
recording is part of the official record of the proceeding. The	17231
director shall notify the individual bringing the appeal of the	17232
director's decision and of the procedure for appealing the	17233
decision.	17234

(C) The director's decision may be appealed to a court of	17235
common pleas pursuant to section 119.12 of the Revised Code. The	17236
appeal shall be governed by that section except as follows:	17237

(1) The appeal shall be in the court of common pleas of the	17238
county in which the individual who brings the appeal resides or,	17239
if the individual does not reside in this state, to the Franklin	17240
county court of common pleas.	17241

(2) The notice of appeal must be mailed to the department and	17242
filed with the court not later than thirty days after the	17243
department mails notice of the director's decision. For good cause	17244
shown, the court may extend the time for mailing and filing the	17245
notice of appeal, but the time cannot exceed six months from the	17246
date the department mails the notice of the director's decision.	17247

(3) If an individual applies to the court for designation as	17248
an indigent and the court grants the application, the individual	17249
shall not be required to furnish the costs of the appeal.	17250

(4) The department is required to file a transcript of the	17251
testimony of the state hearing with the court only if the court	17252
orders that the transcript be filed. The court shall make such an	17253
order only if it finds that the department and the individual	17254
bringing the appeal are unable to stipulate to the facts of the	17255
case and that the transcript is essential to a determination of	17256
the appeal. The department shall file the transcript not later	17257
than thirty days after such an order is issued.	17258

Sec. 173.60. (A) As used in this section:

17259

(1) "Nursing home" has the same meaning as in section 3721.01	17260
of the Revised Code.	17261

(2) "Person-centered care" means a relationship-based	17262
approach to care that honors and respects the opinions of	17263
individuals receiving care and those working closely with them.	17264

(B) The department of aging shall implement a nursing home	17265
quality initiative to improve person-centered care that nursing	17266
homes provide. The office of the state long-term care ombudsman	17267
program shall assist the department with the initiative. The	17268
initiative shall include quality improvement projects that provide	17269
nursing homes with resources and on-site education promoting	17270
person-centered strategies and positive resident outcomes, as well	17271
as other assistance designed to improve the quality of nursing	17272
home services.	17273

(C) The department shall make available a list of quality	17274
improvement projects offered by the following entities that may be	17275
used by nursing homes in meeting the requirements of section	17276
3721.072 of the Revised Code:	17277

(1) The department;

17278

(2) A quality improvement organization under contract with	17279
the United States secretary of health and human services to carry	17280
out the state functions described in section 1154 of the "Social	17281
Security Act," 42 U.S.C. 1320c-3;	17282

(3) Other state agencies;

17283

(4) The Ohio person-centered care coalition;

17284

(5) Any other academic, research, or health care entity	17285
identified by the department.	17286

(D) The department shall consult with representatives of	17287
nursing homes when developing the list of quality improvement	17288
projects under division (C) of this section and include projects	17289
that the department and representatives agree should be on the	17290
list.	17291

(E) The director of aging may adopt rules in accordance with	17292
Chapter 119. of the Revised Code as necessary to implement this	17293
section.	17294

Sec. 173.99. (A) A long-term care provider, person employed	17295
by a long-term care provider, other entity, or employee of such	17296
other entity that violates division (C) of section 173.24 of the	17297
Revised Code is subject to a fine not to exceed one thousand	17298
dollars for each violation.	17299

(B) Whoever violates division (C) of section 173.23 of the	17300
Revised Code is guilty of registering a false complaint, a	17301
misdemeanor of the first degree.	17302

(C) A long-term care provider, other entity, or person	17303
employed by a long-term care provider or other entity that	17304
violates division (E) of section 173.19 of the Revised Code by	17305
denying a representative of the office of the state long-term care	17306
~~ombudsperson~~ombudsman program the access required by that	17307
division is subject to a fine not to exceed five hundred dollars	17308
for each violation.	17309

(D) Whoever violates division (C) of section 173.44 of the	17310
Revised Code is subject to a fine of one hundred dollars.	17311

Sec. 191.01. As used in this chapter:

17312

(A) "Administrative safeguards," "availability,"	17313
"confidentiality," "integrity," "physical safeguards," and	17314
"technical safeguards" have the same meanings as in 45 C.F.R.	17315
164.304.	17316

(B) "Business associate," "covered entity," "health plan,"	17317
"individually identifiable health information," and "protected	17318
health information" have the same meanings as in 45 C.F.R.	17319
160.103.	17320

(C) "Executive director of the office of health	17321
transformation" or "executive director" means the executive	17322
director of the office of health transformation or the chief	17323
administrative officer of a successor governmental entity	17324
responsible for health system oversight in this state.	17325

(D) "Government program providing public benefits" means any	17326
program administered by a state agency that has been identified,	17327
pursuant to section 191.02 of the Revised Code, by the executive	17328
director of the office of health transformation in consultation	17329
with the individuals specified in that section.	17330

(E) "Office of health transformation" means the office of	17331
health transformation created by executive order 2011-02K.	17332

(F) "Operating protocol" means a protocol adopted by the	17333
executive director of the office of health transformation or the	17334
executive director's designee under division (D) of section 191.06	17335
of the Revised Code.	17336

(G) "Participating agency" means a state agency that	17337
participates in a health transformation initiative as specified in	17338
the one or more operating protocols adopted for the initiative	17339
under division (D) of section 191.06 of the Revised Code.	17340

(H) "Personally identifiable information" means information	17341
that meets both of the following criteria:	17342

(1) It identifies an individual or there is a reasonable	17343
basis to believe that it may be used to identify an individual;	17344

(2) It relates to an individual's eligibility for,	17345
application for, or receipt of public benefits from a government	17346
program providing public benefits.	17347

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

17348

(1) The department of aging;

17349

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

17350

~~(3)~~ The ~~department of~~ development services agency;

17351

~~(4)~~(3) The department of developmental disabilities;

17352

~~(5)~~(4) The department of education;

17353

~~(6)~~(5) The department of health;

17354

~~(7)~~(6) The department of insurance;

17355

~~(8)~~(7) The department of job and family services;

17356

~~(9)~~(8) The department of medicaid;

17357

(9) The department of ~~mental health~~mental health and	17358
addiction services;	17359

(10) The department of rehabilitation and correction;

17360

(11) The department of taxation;

17361

(12) The department of veterans services;

17362

(13) The department of youth services.

17363

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

17364

Sec. 191.02. The executive director of the office of health	17365
transformation, in consultation with all of the following	17366
individuals, shall identify each government program administered	17367
by a state agency that is to be considered a government program	17368
providing public benefits for purposes of section 191.04 of the	17369
Revised Code:	17370

(A) The director of aging;

17371

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

17372

~~(C)~~ The director of development services;

17373

~~(D)~~(C) The director of developmental disabilities;

17374

~~(E)~~(D) The director of health;

17375

~~(F)~~(E) The director of job and family services;

17376

~~(G)~~(F) The director of medicaid;

17377

(G) The director of ~~mental health~~mental health and addiction	17378
services;	17379

(H) The director of rehabilitation and correction;

17380

(I) The director of veterans services;

17381

(J) The director of youth services;

17382

(K) The administrator of the rehabilitation services	17383
commission;	17384

(L) The administrator of workers' compensation;

17385

(M) The superintendent of insurance;

17386

(N) The superintendent of public instruction;

17387

(O) The tax commissioner.

17388

Sec. 191.04. (A) In accordance with federal laws governing	17389
the confidentiality of individually identifiable health	17390
information, including the "Health Insurance Portability and	17391
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	17392
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	17393
by the United States department of health and human services to	17394
implement the act, a state agency may exchange protected health	17395
information with another state agency relating to eligibility for	17396
or enrollment in a health plan or relating to participation in a	17397
government program providing public benefits if the exchange of	17398
information is necessary for either or both of the following:	17399

(1) Operating a health plan;

17400

(2) Coordinating, or improving the administration or	17401
management of, the health care-related functions of at least one	17402
government program providing public benefits.	17403

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	17404
agency also may exchange personally identifiable information with	17405
another state agency for purposes related to and in support of a	17406
health transformation initiative identified by the executive	17407
director of the office of health transformation pursuant to	17408
division (C) of section 191.06 of the Revised Code.	17409

(C) With respect to a state agency that uses or discloses	17410
personally identifiable information, all of the following	17411
conditions apply:	17412

(1) The state agency shall use or disclose the information	17413
only as permitted or required by state and federal law. In	17414
addition, if the information is obtained during fiscal year 2013	17415
from an exchange of personally identifiable information permitted	17416
under division (B) of this section, the agency shall also use or	17417
disclose the information in accordance with all operating	17418
protocols that apply to the use or disclosure.	17419

(2) If the state agency is a state agency other than the	17420
department of ~~job and family services~~medicaid and it uses or	17421
discloses protected health information that is related to a	17422
medicaid recipient and obtained from the department of ~~job and~~	17423
~~family services~~medicaid or another agency operating a component	17424
of the medicaid program, the state agency shall comply with all	17425
state and federal laws that apply to the department of ~~job and~~	17426
~~family services~~medicaid when that department, as the state's	17427
single state agency to supervise the medicaid program ~~as specified~~	17428
~~in section 5111.01 of the Revised Code~~, uses or discloses	17429
protected health information.	17430

(3) A state agency shall implement administrative, physical,	17431
and technical safeguards for the purpose of protecting the	17432
confidentiality, integrity, and availability of personally	17433
identifiable information the creation, receipt, maintenance, or	17434
transmittal of which is affected or governed by this section.	17435

(4) If a state agency discovers an unauthorized use or	17436
disclosure of unsecured protected health information or unsecured	17437
individually identifiable health information, the state agency	17438
shall, not later than seventy-two hours after the discovery, do	17439
all of the following:	17440

(a) Identify the individuals who are the subject of the	17441
protected health information or individually identifiable health	17442
information;	17443

(b) Report the discovery and the names of all individuals	17444
identified pursuant to division (C)(4)(a) of this section to all	17445
other state agencies and the executive director of the office of	17446
health transformation or the executive director's designee;	17447

(c) Mitigate, to the extent reasonably possible, any	17448
potential adverse effects of the unauthorized use or disclosure.	17449

(5) A state agency shall make available to the executive	17450
director of the office of health transformation or the executive	17451
director's designee, and to any other state or federal	17452
governmental entity required by law to have access on that	17453
entity's request, all internal practices, records, and	17454
documentation relating to personally identifiable information it	17455
receives, uses, or discloses that is affected or governed by this	17456
section.	17457

(6) On termination or expiration of an operating protocol and	17458
if feasible, a state agency shall return or destroy all personally	17459
identifiable information received directly from or received on	17460
behalf of another state agency. If the personally identifiable	17461
information is not returned or destroyed, the state agency	17462
maintaining the information shall extend the protections set forth	17463
in this section for as long as it is maintained.	17464

(7) If a state agency enters into a subcontract or, when	17465
required by 45 C.F.R. 164.502(e)(2), a business associate	17466
agreement, the subcontract or business associate agreement shall	17467
require the subcontractor or business associate to comply with the	17468
terms of this section as if the subcontractor or business	17469
associate were a state agency.	17470

Sec. 191.06. (A) The provisions of this section shall apply	17471
only for fiscal ~~year~~years 2013, 2014, and 2015.	17472

(B) The executive director of the office of health	17473
transformation or the executive director's designee may facilitate	17474
the coordination of operations and exchange of information between	17475
state agencies. The purpose of the executive director's authority	17476
under this section is to support agency collaboration for health	17477
transformation purposes, including modernization of the medicaid	17478
program, streamlining of health and human services programs in	17479
this state, and improving the quality, continuity, and efficiency	17480
of health care and health care support systems in this state.	17481

(C) In furtherance of the authority of the executive director	17482
of the office of health transformation under division (B) of this	17483
section, the executive director or the executive director's	17484
designee shall identify each health transformation initiative in	17485
this state that involves the participation of two or more state	17486
agencies and that permits or requires an interagency agreement to	17487
be entered into for purposes of specifying each participating	17488
agency's role in coordinating, operating, or funding the	17489
initiative, or facilitating the exchange of data or other	17490
information for the initiative. The executive director shall	17491
publish a list of the identified health transformation initiatives	17492
on the internet web site maintained by the office of health	17493
transformation.	17494

(D) For each health transformation initiative that is	17495
identified under division (C) of this section, the executive	17496
director or the executive director's designee shall, in	17497
consultation with each participating agency, adopt one or more	17498
operating protocols. Notwithstanding any law enacted by the	17499
general assembly or rule adopted by a state agency, the provisions	17500
in a protocol shall supersede any provisions in an interagency	17501
agreement, including an interagency agreement entered into under	17502
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	17503
differ from the provisions of the protocol.	17504

(E)(1) An operating protocol adopted under division (D) of	17505
this section shall include both of the following:	17506

(a) All terms necessary to meet the requirements of "other	17507
arrangements" between a covered entity and a business associate	17508
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	17509

(b) If known, the date on which the protocol will terminate	17510
or expire.	17511

(2) In addition, a protocol may specify the extent to which	17512
each participating agency is responsible and accountable for	17513
completing the tasks necessary for successful completion of the	17514
initiative, including tasks relating to the following components	17515
of the initiative:	17516

(a) Workflow;

17517

(b) Funding;

17518

(c) Exchange of data or other information that is	17519
confidential pursuant to state or federal law.	17520

(F) An operating protocol adopted under division (D) of this	17521
section shall have the same force and effect as an interagency	17522
agreement or data sharing agreement, and each participating agency	17523
shall comply with it.	17524

~~(G) The director of job and family services shall determine~~	17525
~~whether a waiver of federal medicaid requirements or a medicaid~~	17526
~~state plan amendment is necessary to fulfill the requirements of~~	17527
~~this section. If the director determines a waiver or medicaid~~	17528
~~state plan amendment is necessary, the director shall apply to the~~	17529
~~United States secretary of health and human services for the~~	17530
~~waiver or amendment.~~	17531

Sec. 191.061. (A) As used in this section:

17532

(1) "Core competencies" means the minimum standards a direct	17533
care worker must meet when providing direct care services and	17534
engaging in any one or more of the following activities associated	17535
with care for a medicaid recipient: maintaining a clean and safe	17536
environment, ensuring recipient-centered care, promoting the	17537
recipient's development, assisting the recipient with activities	17538
of daily living, communicating with the recipient, completing	17539
administrative tasks, and participating in professional	17540
development activities.	17541

(2) "Direct care services" means health care services,	17542
ancillary services, or services related to or in support of the	17543
provision of health care or ancillary services.	17544

(3) "Direct care worker" means an individual who, for direct	17545
or indirect payment, provides direct care services to a medicaid	17546
recipient in the recipient's home, place of residence, or other	17547
setting as specified in rules adopted under section 5164.02 of the	17548
Revised Code.	17549

(B) Not later than June 30, 2014, the executive director of	17550
the office of health transformation or the executive director's	17551
designee, in consultation with the medicaid director and the	17552
directors of aging, developmental disabilities, health, and mental	17553
health and addiction services, shall execute an operating protocol	17554
in accordance with division (D) of section 191.06 of the Revised	17555
Code documenting the manner in which each of the directors'	17556
departments determine that direct care workers associated with	17557
programs administered by the departments demonstrate core	17558
competencies. The executive director or the executive director's	17559
designee and any one or more of the directors may decide that core	17560
competencies are demonstrated by a direct care worker attaining	17561
certification through the direct care worker certification program	17562
established by the director of health under section 3701.95 of the	17563
Revised Code. A decision to this effect does not preclude a	17564
director from specifying additional requirements a direct care	17565
worker must meet to participate in a program administered by the	17566
director's department.	17567

Sec. 305.23. (A) As used in this section:

17568

(1) "County office" means the offices of the county	17569
commissioner, county auditor, county treasurer, county engineer,	17570
county recorder, county prosecuting attorney, county sheriff,	17571
county coroner, county park district, veterans service commission,	17572
clerk of the juvenile court, clerks of court for all divisions of	17573
the courts of common pleas, including the clerk of the court of	17574
common pleas, clerk of a county-operated municipal court, and	17575
clerk of a county court, and any agency, department, or division	17576
under the authority of, or receiving funding in whole or in part	17577
from, any of those county offices.	17578

(2) "Human resources" means any and all functions relating to	17579
human resource management, including civil service, employee	17580
benefits administration, collective bargaining, labor relations,	17581
risk management, workers' compensation, unemployment compensation,	17582
and any human resource management function required by state or	17583
federal law, but "human resources" does not authorize a board of	17584
county commissioners to adopt a resolution establishing a	17585
centralized human resource service that requires any county office	17586
to conform to any classification and compensation plan, position	17587
descriptions, or organizational structure; to determine the rate	17588
of compensation of any employee appointed by the appointing	17589
authority of a county office or the salary ranges for positions of	17590
a county office within the aggregate limits set in the	17591
appropriation resolution of the board of county commissioners; to	17592
determine the number of or the terms of employment of any employee	17593
appointed by the appointing authority of a county office within	17594
the aggregate limits set in the board's appropriation resolution;	17595
or to exercise powers relating to the hiring, qualifications,	17596
evaluation, suspension, demotion, disciplinary action, layoff,	17597
furloughing, establishment of a modified work-week schedule, or	17598
the termination of any employee appointed by the appointing	17599
authority of any county office.	17600

(B) Subject to division (C) of this section, a board of	17601
county commissioners may adopt a resolution establishing	17602
centralized purchasing, printing, transportation, vehicle	17603
maintenance, human resources, revenue collection, and mail	17604
operation services for a county office. Before adopting a	17605
resolution under this section, the board of county commissioners,	17606
in a written notice, shall inform any other county office that	17607
will be impacted by the resolution of the board's desire to	17608
establish a centralized service or services. The written notice	17609
shall include a statement that provides the rationale and the	17610
estimated savings anticipated for centralizing a service or	17611
services. In addition, the board may request any other county	17612
office to serve as the agent and responsible party for	17613
administering a centralized service or services. That county	17614
office may enter into an agreement with the board of county	17615
commissioners to administer the centralized service or services	17616
under such terms and conditions as are included in the agreement,	17617
but nothing in this section authorizes the board of county	17618
commissioners to require a county office to serve as the agent and	17619
responsible party for administering a centralized service or	17620
services at the board's request.	17621

A resolution establishing a centralized service or services	17622
shall specify all of the following:	17623

(1) The name of the county office that will be the agent and	17624
responsible party for administering a centralized service or	17625
services, and if the agent and responsible party is not the board	17626
of county commissioners, the designation of the county office that	17627
has entered into an agreement under division (B) of this section	17628
with the board to be the agent and responsible party;	17629

(2) Which county offices are required to use the centralized	17630
services;	17631

(3) If not all of the centralized services, which centralized	17632
service each county office must use;	17633

(4) A list of rates and charges the county office shall pay	17634
for the centralized services;	17635

(5) The date upon which each county office specified in the	17636
resolution shall begin using the centralized services.	17637

Not later than ten days after a resolution is adopted under	17638
this section, the clerk of the board of county commissioners shall	17639
send a copy of the resolution to each county office that is	17640
specified in the resolution.	17641

(C) A board of county commissioners shall not adopt a	17642
resolution that establishes a centralized service or services	17643
regarding any of the following:	17644

(1) Purchases made for contract services with moneys from the	17645
special fund designated as "general fund moneys to supplement the	17646
~~equipment~~technology needs of the county recorder" under section	17647
317.321 of the Revised Code or from the funds that are paid out of	17648
the general fund of the county under sections 325.071 and 325.12	17649
of the Revised Code;	17650

(2) Purchases made with moneys from the real estate	17651
assessment fund established under section 325.31 of the Revised	17652
Code;	17653

(3) Purchases of financial software used by the county	17654
auditor;	17655

(4) The printing of county property tax bills;

17656

(5) The collection of any taxes, assessments, and fees the	17657
county treasurer is required by law to collect;	17658

(6) Purchases of software used by the county recorder.

17659

(D) Nothing in this section authorizes the board of county	17660
commissioners to have control or authority over funds that are	17661
received directly by a county office under another section of the	17662
Revised Code, or to control, or have authority regarding, the	17663
expenditure or use of such funds.	17664

Sec. 307.07. (A) The board of county commissioners, by	17665
resolution, may create an office of economic development, to	17666
develop and promote plans and programs designed to assure that	17667
county resources are efficiently used, economic growth is properly	17668
balanced, and that county economic development is coordinated with	17669
that of the state and other local governments. For this purpose,	17670
the board may appropriate moneys from the county general fund, or,	17671
pursuant to section 307.64 of the Revised Code, moneys derived	17672
from a tax levied pursuant to division (EE) of section 5705.19 of	17673
the Revised Code, for the creation and operation of the office	17674
for, any economic development purpose of the office, and to	17675
provide for the establishment and operation of a program of	17676
economic development, including in support of a county land	17677
reutilization corporation organized under Chapter 1724. of the	17678
Revised Code. The board may hire a director of economic	17679
development, who shall be a member of the unclassified civil	17680
service, and fix the director's compensation; or may do any of the	17681
following:	17682

(1) Enter into an agreement with a county planning commission	17683
within the county, created under section 713.22 of the Revised	17684
Code, or a regional planning commission, created under section	17685
713.21 of the Revised Code, regardless of whether the county is a	17686
member of the commission, to carry out all of the functions and	17687
duties of a director of economic development under division (B) of	17688
this section. Any agreement shall set forth the procedure by which	17689
the county or regional planning commission shall gain the approval	17690
of the board of county commissioners for any actions, functions,	17691
and duties under division (B) of this section. Any agreement may	17692
continue in effect for a period of one to three years and may be	17693
renewed with the consent of all parties. The civil service status	17694
of planning commission staff shall not be affected by any	17695
agreement under this division.	17696

(2) Enter into an agreement with ~~the Ohio cooperative~~OSU	17697
extension ~~service~~, providing for the use of employees hired by the	17698
Ohio state university under section 3335.36 of the Revised Code to	17699
carry out all of the functions and duties of a director of	17700
economic development under division (B) of this section. Any	17701
agreement shall set forth the procedure by which ~~the Ohio~~	17702
~~cooperative~~OSU extension ~~service~~ shall gain the approval of the	17703
board of county commissioners for any actions, functions, and	17704
duties under division (B) of this section. Any agreement may	17705
continue in effect for a period of one to three years and may be	17706
renewed with the consent of all parties. The employment	17707
classification of ~~Ohio cooperative~~OSU extension ~~service~~ employees	17708
shall not be affected by any agreement under this division.	17709

Any moneys appropriated by the board of county commissioners	17710
to execute an agreement for the provision of services pursuant to	17711
this section by ~~the Ohio cooperative~~OSU extension ~~service~~ shall	17712
be paid to the Ohio state university to the credit of the ~~Ohio~~	17713
~~cooperative~~OSU extension ~~service~~ fund created under section	17714
3335.35 of the Revised Code.	17715

(3) Enter into an agreement with a public or private	17716
nonprofit organization to carry out all of the functions and	17717
duties of a director of economic development under division (B) of	17718
this section. The agreement shall set forth the procedure by which	17719
the nonprofit organization shall gain the approval of the board of	17720
county commissioners for any actions, functions, and duties under	17721
that division. The agreement may continue in effect for a period	17722
of one to three years and may be renewed with the consent of all	17723
parties. The employment classification of the nonprofit	17724
organization's employees shall not be affected by an agreement	17725
under this division.	17726

(B) The director of economic development may:

17727

(1) With the approval of the board, hire such staff and	17728
employ such technical and advisory personnel as the director sees	17729
fit to enable the director to carry out the functions and duties	17730
of the office;	17731

(2) With the approval of the board, contract for services	17732
necessary to enable the director to carry out the functions and	17733
duties of the office;	17734

(3) With the approval of the board, enter into agreements	17735
with federal, state, and local governments and agencies thereof,	17736
and with public, private, or nonprofit organizations to carry out	17737
the functions and duties of the office;	17738

(4) Maintain membership in development organizations;

17739

(5) With the approval of the board, make loans or grants and	17740
provide other forms of financial assistance for the purpose of	17741
economic development, including financial assistance for permanent	17742
public improvements, in compliance with applicable laws of this	17743
state, and fix the rate of interest and charges to be made for	17744
such financial assistance;	17745

(6) With the approval of the board, receive and accept	17746
grants, gifts, and contributions of money, property, labor, and	17747
other things of value, to be held, used, and applied only for the	17748
purpose for which they are made, from individuals, private and	17749
public corporations, the United States government or any agency	17750
thereof, from the state or any agency thereof, or from any	17751
political subdivision or any agency thereof, and may agree to	17752
repay any contribution of money or return any property contributed	17753
or the value thereof in amounts, and on terms and conditions,	17754
excluding the payment of interest, as the director determines, and	17755
may evidence the obligations by written evidence;	17756

(7) Establish with the board any funds that are necessary for	17757
the deposit and disbursement of gifts or contributions of money	17758
accepted for economic development purposes;	17759

(8) With the approval of the board, design, implement,	17760
monitor, oversee, and evaluate economic development plans,	17761
programs, strategies, and policies;	17762

(9) Purchase real property to convey to a county land	17763
reutilization corporation to be used in accordance with its public	17764
purposes;	17765

(10) Perform all acts necessary to fulfill the functions and	17766
duties of the office.	17767

(C) The boards of county commissioners of two or more	17768
counties, by resolution, may create a joint office of economic	17769
development for the purposes set forth in division (A) of this	17770
section. The counties participating in a joint office of economic	17771
development shall enter into an agreement that sets forth the	17772
contribution of funds, services, and property to the joint office	17773
from each participating county; establishes the person, public	17774
agency, or nonprofit organization that shall carry out the	17775
functions and duties of the office; and discloses any other terms	17776
by which the joint office shall operate.	17777

The boards of county commissioners of counties participating	17778
in a joint office of economic development may appropriate moneys	17779
from their respective county general funds, or, pursuant to	17780
section 307.64 of the Revised Code, moneys derived from a tax	17781
levied pursuant to division (EE) of section 5705.19 of the Revised	17782
Code, for the creation and operation of the joint office, for any	17783
economic development purpose of the office, and to provide for the	17784
establishment and operation of a program of economic development.	17785
The participating counties may hire a director of economic	17786
development for the joint office or enter into an agreement with a	17787
public agency or nonprofit organization in a manner set forth in	17788
division (A) of this section to carry out the functions and duties	17789
set forth in division (B) of this section.	17790

Any agreement establishing a joint office of economic	17791
development shall set forth the procedure by which the person,	17792
public agency, or nonprofit organization carrying out the	17793
functions and duties of the office shall gain the approval of the	17794
participating boards of county commissioners for any actions,	17795
functions, and duties under division (B) of this section.	17796

(D) As used in this section, "economic development" has the	17797
same meaning as in section 307.64 of the Revised Code.	17798

Sec. 307.673. This section applies only in a county in which	17799
a tax is levied under section 307.697, 4301.421, 5743.024, or	17800
5743.323 of the Revised Code on ~~the effective date of this~~	17801
~~amendment~~July 19, 1995.	17802

(A) As used in this section:

17803

(1) "County taxes" means taxes levied by a board of county	17804
commissioners or legislative authority of a charter county under	17805
division (D) of section 307.697, division (B) of section 4301.421,	17806
division (C) of section 5743.024, and section 5743.323 of the	17807
Revised Code.	17808

(2) "Corporation" means a nonprofit corporation organized	17809
under the laws of this state and that includes among the purposes	17810
for which it is incorporated the authority to acquire, construct,	17811
renovate, equip, lease, manage, or operate a sports facility.	17812

(3) "Cooperative agreement" means an agreement entered into	17813
pursuant to this section.	17814

(4) "Cost of a sports facility" means the cost of acquiring,	17815
constructing, renovating, equipping, or improving one or more	17816
sports facilities, including reconstructing, rehabilitating,	17817
remodeling, and enlarging; the cost of equipping and furnishing	17818
such a facility; and all financing costs pertaining thereto,	17819
including the cost of engineering, architectural, and other	17820
professional services, designs, plans, specifications and surveys,	17821
and estimates of costs; the costs of refinancing obligations	17822
issued by, or reimbursement of money advanced by, the parties to	17823
the cooperative agreement or other persons, the proceeds of which	17824
obligations were used to pay the costs of the sports facility; the	17825
cost of tests and inspections; the cost of any indemnity or surety	17826
bonds and premiums on insurance, all related direct and	17827
administrative costs pertaining thereto, fees and expenses of	17828
trustees, depositories, and paying agents for the obligations,	17829
capitalized interest on the obligations, amounts necessary to	17830
establish reserves as required by the obligation proceedings, the	17831
reimbursement of money advanced or applied by the parties to the	17832
cooperative agreement or other persons for the payment of any item	17833
of costs of the sports facility, and all other expenses necessary	17834
or incident to planning or determining the feasibility or	17835
practicability with respect to the sports facility; and any other	17836
such expenses as may be necessary or incident to the acquisition,	17837
construction, reconstruction, rehabilitation, remodeling,	17838
renovation, enlargement, improvement, equipping, and furnishing of	17839
the sports facility, the financing of the sports facility, placing	17840
the sports facility in use and operation, including any one, part	17841
of, or combination of such classes of costs and expenses.	17842

(5) "Financing costs" has the same meaning as in section	17843
133.01 of the Revised Code.	17844

(6) "Obligations" means obligations issued or incurred to pay	17845
the cost of a sports facility, including bonds, notes,	17846
certificates of indebtedness, commercial paper, and other	17847
instruments in writing, anticipatory securities as defined in	17848
section 133.01 of the Revised Code, issued or incurred by an	17849
issuer pursuant to Chapter 133. or 4582. of the Revised Code or	17850
this section, or otherwise, to evidence the issuer's obligation to	17851
repay borrowed money, or to pay interest, by, or to pay at any	17852
future time other money obligations of, the issuer of the	17853
obligations, including obligations of an issuer or lessee to make	17854
payments under an installment sale, lease, lease-purchase, or	17855
similar agreement.	17856

(7) "Owner" means any person that owns or operates a	17857
professional athletic or sports team, that is party to a	17858
cooperative agreement, or that has a lease or other agreement with	17859
a party to a cooperative agreement, and that commits to use the	17860
sports facility that is the subject of the cooperative agreement	17861
for all of the team's home games for the period specified in that	17862
agreement.	17863

(8) "Payments," when used with reference to obligations,	17864
means payments of the principal, including any mandatory sinking	17865
fund deposits and mandatory redemption payments, interest and any	17866
redemption premium, and lease rentals, lease-purchase payments and	17867
other amounts payable under obligations in the form of installment	17868
sale, lease, lease-purchase, or similar agreements.	17869

(9) "Person" has the same meaning as defined in section	17870
133.01 of the Revised Code.	17871

(10) "Port authority" means a port authority created under	17872
Chapter 4582. of the Revised Code.	17873

(11) "Sports facility" means a facility, including a stadium,	17874
that is intended to house or provide a site for one or more major	17875
league professional athletic or sports teams or activities,	17876
together with all spectator facilities, parking facilities,	17877
walkways, and auxiliary facilities, real and personal property,	17878
property rights, easements, leasehold estates, and interests that	17879
may be appropriate for, or used in connection with, the operation	17880
of the sports facility.	17881

(B) The board of county commissioners of a county, the	17882
legislative authority of a municipal corporation, a port	17883
authority, a corporation, and an owner, or any combination	17884
thereof, may enter into one or more cooperative agreements under	17885
which the parties enter into one or more of the agreements	17886
described in divisions (B)(1) to (5) of this section.	17887

(1) The board of county commissioners agrees to do one or	17888
more of the following:	17889

(a) Levy a tax under division (D) of section 307.697,	17890
division (B) of section 4301.421, division (C) of section	17891
5743.024, and section 5743.323 of the Revised Code and make	17892
available all or a portion of the revenue from those taxes for the	17893
payment of the cost of the sports facility or to make payments on	17894
obligations;	17895

(b) Issue or incur obligations of the county pursuant to	17896
Chapter 133. of the Revised Code or this section;	17897

(c) Make available all or a portion of the revenue from those	17898
taxes or of the proceeds from the issuance of those obligations to	17899
the municipal corporation, port authority, corporation, or	17900
otherwise for the payment of the cost of a sports facility or the	17901
payment of obligations;	17902

(d) Acquire, construct, renovate, equip, lease to or from	17903
another person, and operate, directly or by a lease or management	17904
contract with another person, one or more sports facilities;	17905

(e) To the extent provided in the cooperative agreement or a	17906
lease with respect to a sports facility, authorize the municipal	17907
corporation, port authority, corporation, or owner to administer	17908
contracts for designing, planning, acquiring, constructing,	17909
renovating, or equipping a sports facility.	17910

(2) The port authority agrees to do one or more of the	17911
following:	17912

(a) Issue or incur obligations of the port authority pursuant	17913
to Chapter 133. or 4582. of the Revised Code or this section;	17914

(b) Make available all or a portion of the proceeds from the	17915
issuance of those obligations to the municipal corporation,	17916
county, or corporation for the payment of the cost of a sports	17917
facility or the payment of obligations;	17918

(c) Acquire, construct, renovate, equip, lease to or from	17919
another person, and operate, directly or by a lease or management	17920
contract with another person, one or more sports facilities;	17921

(d) To the extent provided in the cooperative agreement or a	17922
lease with respect to a sports facility, authorize the municipal	17923
corporation, county, corporation, or owner to administer contracts	17924
for designing, planning, acquiring, constructing, renovating, or	17925
equipping a sports facility.	17926

(3) The legislative authority of the municipal corporation	17927
agrees to do one or more of the following:	17928

(a) Make available the revenue from taxes levied by the	17929
legislative authority for the payment of the cost of a sports	17930
facility or to make payments on obligations;	17931

(b) Issue or incur obligations of the municipal corporation	17932
pursuant to Chapter 133. of the Revised Code or otherwise;	17933

(c) Make available all or a portion of the proceeds from the	17934
issuance of those obligations to the county, port authority,	17935
corporation, or otherwise for the payment of the cost of a sports	17936
facility or the payment of obligations;	17937

(d) Acquire, construct, renovate, equip, lease to or from	17938
another person, and operate, directly or by a lease or management	17939
contract with another person, one or more sports facilities;	17940

(e) To the extent provided in the cooperative agreement or a	17941
lease with respect to a sports facility, authorize the county,	17942
port authority, corporation, or owner to administer contracts for	17943
designing, planning, acquiring, constructing, renovating, or	17944
equipping a sports facility.	17945

(4) The corporation agrees to do one or more of the	17946
following:	17947

(a) Issue or incur obligations;

17948

(b) Make available all or a portion of the proceeds from the	17949
issuance of those obligations to the county, port authority,	17950
municipal corporation, or otherwise for the payment of the cost of	17951
a sports facility or the payment of obligations;	17952

(c) Acquire, construct, renovate, equip, lease to or from	17953
another person, and operate, directly or by a lease or management	17954
contract with another person, one or more sports facilities;	17955

(d) To the extent provided in the cooperative agreement or a	17956
lease with respect to a sports facility, agree that the	17957
corporation will administer contracts for designing, planning,	17958
acquiring, constructing, renovating, or equipping a sports	17959
facility.	17960

(5) The owner agrees to do one or more of the following:

17961

(a) Use the sports facility that is the subject of the	17962
cooperative agreement for all of the home games of the owner's	17963
professional athletic or sports team for a specified period;	17964

(b) Administer contracts for designing, planning, acquiring,	17965
constructing, renovating, or equipping a sports facility.	17966

(C) Any obligations may be secured by a trust agreement	17967
between the issuer of obligations and a corporate trustee that is	17968
a trust company or bank having the powers of a trust company in or	17969
outside this state and authorized to exercise corporate trust	17970
powers in this state. Proceeds from the issuance of any	17971
obligations or the taxes levied and collected by any party to the	17972
cooperative agreement may be deposited with and administered by a	17973
trustee pursuant to the trust agreement.	17974

(D) Any contract for the acquisition, construction,	17975
renovation, or equipping of a sports facility entered into,	17976
assigned, or assumed under this section shall provide that all	17977
laborers and mechanics employed in the acquisition, construction,	17978
renovation, or equipping of the sports facility shall be paid at	17979
the prevailing rates of wages of laborers and mechanics for the	17980
class of work called for, as those wages are determined in	17981
accordance with Chapter 4115. of the Revised Code.	17982

Sec. 307.674. (A) As used in this section:

17983

(1) "Bonds" means:

17984

(a) Revenue bonds of the port authority described in division	17985
(B)(2)(a) of this section;	17986

(b) Securities as defined in division (KK) of section 133.01	17987
of the Revised Code issued by the host municipal corporation,	17988
described in division (B)(3)(a) of this section;	17989

(c) Any bonds issued to refund any of those revenue bonds or	17990
securities.	17991

(2) "Corporation" means a nonprofit corporation that is	17992
organized under the laws of this state and that includes within	17993
the purposes for which it is incorporated the authorization to	17994
lease and operate facilities such as a port authority educational	17995
and cultural performing arts facility.	17996

(3) "Cost," as applied to a port authority educational and	17997
cultural performing arts facility, means the cost of acquiring,	17998
constructing, renovating, rehabilitating, equipping, or improving	17999
the facility, or any combination of those purposes, collectively	18000
referred to in this section as "construction," and the cost of	18001
acquisition of all land, rights of way, property rights,	18002
easements, franchise rights, and interests required for those	18003
purposes, the cost of demolishing or removing any buildings or	18004
structures on land so acquired, including the cost of acquiring	18005
any land to which those buildings or structures may be moved, the	18006
cost of public utility and common carrier relocation or	18007
duplication, the cost of all machinery, furnishings, and	18008
equipment, financing charges, interest prior to and during	18009
construction and for not more than three years after completion of	18010
construction, costs arising under guaranty agreements,	18011
reimbursement agreements, or other credit enhancement agreements	18012
relating to bonds, engineering, expenses of research and	18013
development with respect to such facility, legal expenses, plans,	18014
specifications, surveys, studies, estimates of costs and revenues,	18015
other expenses necessary or incident to determining the	18016
feasibility or practicability of acquiring or constructing the	18017
facility, administrative expense, and other expenses as may be	18018
necessary or incident to that acquisition or construction and the	18019
financing of such acquisition or construction, including, with	18020
respect to the revenue bonds of a port authority, amounts to be	18021
paid into any special funds from the proceeds of those bonds, and	18022
repayments to the port authority, host county, host municipal	18023
corporation, or corporation of any amounts advanced for the	18024
foregoing purposes.	18025

(4) "Debt service charges" means, for any period or payable	18026
at any time, the principal of and interest and any premium due on	18027
bonds for that period or payable at that time whether due at	18028
maturity or upon mandatory redemption, together with any required	18029
deposits to reserves for the payment of principal of and interest	18030
on those bonds, and includes any payments required by the port	18031
authority to satisfy any of its obligations under or arising from	18032
any guaranty agreements, reimbursement agreements, or other credit	18033
enhancement agreements described in division (C) of this section.	18034

(5) "Host county" means the county within the boundaries of	18035
which the port authority educational and cultural performing arts	18036
facility is or will be located.	18037

(6) "Host municipal corporation" means the municipal	18038
corporation within the boundaries of which the port authority	18039
educational and cultural performing arts facility is or will be	18040
located.	18041

(7) "Port authority" means a port authority created pursuant	18042
to section 4582.22 of the Revised Code.	18043

(8) "Port authority educational and cultural performing arts	18044
facility" means a facility that consists of a center for music or	18045
other performing arts, a theater or other facilities to provide	18046
programs of an educational, recreational, or cultural nature, or	18047
any combination of those purposes as determined by the parties to	18048
the cooperative agreement for which provision is made in division	18049
(B) of this section to fulfill the public educational,	18050
recreational, and cultural purposes set forth therein, together	18051
with all parking facilities, walkways, and other auxiliary	18052
facilities, real and personal property, property rights,	18053
easements, and interests that may be appropriate for, or used in	18054
connection with, the operation of the facility.	18055

(B) A host county, a host municipal corporation, and a port	18056
authority may enter into a cooperative agreement with a	18057
corporation under which, as further provided for in that	18058
agreement:	18059

(1) The host county may agree to do any or all of the	18060
following:	18061

(a) Levy and collect a tax under division (E) and division	18062
(F) of section 5739.09 of the Revised Code for the purposes, and	18063
in an amount sufficient for those purposes, described in divisions	18064
(B)(1)(b) and (c) of this section;	18065

(b) Pay to the port authority all or such portion as provided	18066
for in the cooperative agreement of the revenue from the tax,	18067
together with any investment earnings on that revenue, to be used	18068
to pay a portion of the costs of acquiring, constructing,	18069
renovating, rehabilitating, equipping, or improving the port	18070
authority educational and cultural performing arts facility;	18071

(c) Pledge and pay to the corporation all or such portion as	18072
provided for in the cooperative agreement of the revenue from the	18073
tax, together with any investment earnings on that revenue, to be	18074
used to pay a portion of the costs to the corporation of leasing	18075
the port authority educational and cultural performing arts	18076
facility from the port authority.	18077

(2) The port authority may agree to do any or all of the	18078
following:	18079

(a) Issue its revenue bonds pursuant to section 4582.48 of	18080
the Revised Code for the purpose of paying all or a portion of the	18081
costs of the port authority educational and cultural performing	18082
arts facility;	18083

(b) Acquire, construct, renovate, rehabilitate, equip, and	18084
improve the port authority educational and cultural performing	18085
arts facility;	18086

(c) Lease the port authority educational and cultural	18087
performing arts facility to the corporation;	18088

(d) To the extent provided for in the cooperative agreement	18089
or the lease to the corporation, authorize the corporation to	18090
administer on behalf of the port authority the contracts for	18091
acquiring, constructing, renovating, rehabilitating, or equipping	18092
the port authority educational and cultural performing arts	18093
facility;	18094

(e) Use the revenue derived from the lease of the port	18095
authority educational and cultural performing arts facility to the	18096
corporation solely to pay debt service charges on revenue bonds of	18097
the port authority issued pursuant to division (B)(2)(a) of this	18098
section and to pay its obligations under or arising from any	18099
guaranty agreements, reimbursement agreements, or other credit	18100
enhancement agreements provided for in this section.	18101

(3) The host municipal corporation may agree to do either or	18102
both of the following:	18103

(a) Issue its bonds for the purpose of paying all or a	18104
portion of the costs of the port authority educational and	18105
cultural performing arts facility, and pay the proceeds from the	18106
issuance to the port authority for that purpose;	18107

(b) Enter into a guaranty agreement, a reimbursement	18108
agreement, or other credit enhancement agreement with the port	18109
authority to provide a guaranty or other credit enhancement of the	18110
port authority revenue bonds referred to in division (B)(2)(a) of	18111
this section pledging taxes, other than ad valorem property taxes,	18112
or other revenues for the purpose of providing the funds required	18113
to satisfy the host municipal corporation's obligations under that	18114
agreement.	18115

The cooperative agreement may provide that the proceeds of	18116
such securities or of such guaranty agreement, reimbursement	18117
agreement, or other credit enhancement agreement be deposited with	18118
and administered by the trustee pursuant to the trust agreement	18119
authorized in division (C) of this section.	18120

(4) The corporation may agree to do any or all of the	18121
following:	18122

(a) Lease the port authority educational and cultural	18123
performing arts facility from the port authority;	18124

(b) Operate and maintain the port authority educational and	18125
cultural performing arts facility pursuant to the lease;	18126

(c) To the extent provided for in the cooperative agreement	18127
or the lease from the port authority, administer on behalf of the	18128
port authority the contracts for acquiring, constructing,	18129
renovating, rehabilitating, or equipping the port authority	18130
educational and cultural performing arts facility.	18131

(C) The pledge and payments referred to in divisions	18132
(B)(1)(b) and (c) of this section and provided for in the	18133
cooperative agreement shall be for the period stated in the	18134
cooperative agreement but shall not extend longer than the period	18135
necessary to provide for the final retirement of the port	18136
authority revenue bonds referred to in division (B)(2)(a) of this	18137
section, and for the satisfaction by the port authority of any of	18138
its obligations under or arising from any guaranty agreements,	18139
reimbursement agreements, or other credit enhancement agreements	18140
relating to those bonds or to the revenues pledged to them. The	18141
cooperative agreement shall provide for the termination of the	18142
cooperative agreement, including the pledge and payment referred	18143
to in division (B)(1)(c) of this section, if the port authority	18144
revenue bonds referred to in division (B)(2)(a) of this section	18145
have not been issued, sold, and delivered within five years of the	18146
effective date of the cooperative agreement.	18147

The cooperative agreement shall provide that any port	18148
authority revenue bonds shall be secured by a trust agreement	18149
between the port authority and a corporate trustee that is a trust	18150
company or bank having the powers of a trust company within or	18151
outside the state but authorized to exercise trust powers within	18152
the state. The host county may be a party to that trust agreement	18153
for the purpose of better securing the pledge by the host county	18154
of its payment to the corporation pursuant to division (B)(1)(c)	18155
of this section. A tax levied pursuant to section 5739.09 of the	18156
Revised Code for the purposes specified in division (B)(1)(b) or	18157
(c) of this section is not subject to diminution by initiative or	18158
referendum or diminution by statute, unless provision is made for	18159
an adequate substitute reasonably satisfactory to the trustee	18160
under the trust agreement that secures the port authority revenue	18161
bonds.	18162

(D) A pledge of money by a host county under this section	18163
shall not be net indebtedness of the host county for purposes of	18164
section 133.07 of the Revised Code. A guaranty or other credit	18165
enhancement by a host municipal corporation under this section	18166
shall not be net indebtedness of the host municipal corporation	18167
for purposes of section 133.05 of the Revised Code.	18168

(E) If the terms of the cooperative agreement so provide, any	18169
contract for the acquisition, construction, renovation,	18170
rehabilitation, equipping, or improving of a port authority	18171
educational and cultural performing arts facility shall be made in	18172
such manner as is determined by the board of directors of the port	18173
authority, and unless the cooperative agreement provides	18174
otherwise, such a contract is not subject to division (R)(2) of	18175
section 4582.31 of the Revised Code. The port authority may take	18176
the assignment of and assume any contracts for the acquisition,	18177
construction, renovation, rehabilitation, equipping, or improving	18178
of a port authority educational and cultural performing arts	18179
facility that had previously been authorized by any of the host	18180
county, the host municipality, or the corporation. Such contracts	18181
are not subject to division (R)(2) of section 4582.31 of the	18182
Revised Code.	18183

Any contract for the acquisition, construction, renovation,	18184
rehabilitation, equipping, or improving of a port authority	18185
educational and cultural performing arts facility entered into,	18186
assigned, or assumed pursuant to this division shall provide that	18187
all laborers and mechanics employed for the acquisition,	18188
construction, renovation, rehabilitation, equipping, or improving	18189
of that facility shall be paid at the prevailing rates of wages of	18190
laborers and mechanics for the class of work called for by the	18191
port authority educational and cultural performing arts facility,	18192
which wages shall be determined in accordance with the	18193
requirements of Chapter 4115. of the Revised Code for the	18194
determination of prevailing wage rates.	18195

Notwithstanding any provisions to the contrary in section	18196
~~3383.07~~123.281 of the Revised Code, construction services and	18197
general building services for a port authority educational and	18198
cultural performing arts facility funded completely or in part	18199
with money appropriated by the state to the Ohio ~~cultural~~	18200
facilities construction commission may be provided by a port	18201
authority or a corporation that occupies, will occupy, or is	18202
responsible for that facility, as determined by the commission.	18203
The construction services and general building services to be	18204
provided by the port authority or the corporation shall be	18205
specified in an agreement between the commission and the port	18206
authority or corporation. That agreement, or any actions taken	18207
under it, are not subject to Chapters 123. or 153. of the Revised	18208
Code, but are subject to Chapter 4115. of the Revised Code.	18209

Sec. 307.86. Anything to be purchased, leased, leased with	18210
an option or agreement to purchase, or constructed, including, but	18211
not limited to, any product, structure, construction,	18212
reconstruction, improvement, maintenance, repair, or service,	18213
except the services of an accountant, architect, attorney at law,	18214
physician, professional engineer, construction project manager,	18215
consultant, surveyor, or appraiser, by or on behalf of the county	18216
or contracting authority, as defined in section 307.92 of the	18217
Revised Code, at a cost in excess of fifty thousand dollars,	18218
except as otherwise provided in division (D) of section 713.23 and	18219
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	18220
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	18221
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	18222
Code, shall be obtained through competitive bidding. However,	18223
competitive bidding is not required when any of the following	18224
applies:	18225

(A) The board of county commissioners, by a unanimous vote of	18226
its members, makes a determination that a real and present	18227
emergency exists, and that determination and the reasons for it	18228
are entered in the minutes of the proceedings of the board, when	18229
either of the following applies:	18230

(1) The estimated cost is less than one hundred thousand	18231
dollars.	18232

(2) There is actual physical disaster to structures, radio	18233
communications equipment, or computers.	18234

For purposes of this division, "unanimous vote" means all	18235
three members of a board of county commissioners when all three	18236
members are present, or two members of the board if only two	18237
members, constituting a quorum, are present.	18238

Whenever a contract of purchase, lease, or construction is	18239
exempted from competitive bidding under division (A)(1) of this	18240
section because the estimated cost is less than one hundred	18241
thousand dollars, but the estimated cost is fifty thousand dollars	18242
or more, the county or contracting authority shall solicit	18243
informal estimates from no fewer than three persons who could	18244
perform the contract, before awarding the contract. With regard to	18245
each such contract, the county or contracting authority shall	18246
maintain a record of such estimates, including the name of each	18247
person from whom an estimate is solicited. The county or	18248
contracting authority shall maintain the record for the longer of	18249
at least one year after the contract is awarded or the amount of	18250
time the federal government requires.	18251

(B)(1) The purchase consists of supplies or a replacement or	18252
supplemental part or parts for a product or equipment owned or	18253
leased by the county, and the only source of supply for the	18254
supplies, part, or parts is limited to a single supplier.	18255

(2) The purchase consists of services related to information	18256
technology, such as programming services, that are proprietary or	18257
limited to a single source.	18258

(C) The purchase is from the federal government, the state,	18259
another county or contracting authority of another county, or a	18260
board of education, educational service center, township, or	18261
municipal corporation.	18262

(D) The purchase is made by a county department of job and	18263
family services under section 329.04 of the Revised Code and	18264
consists of family services duties or workforce development	18265
activities or is made by a county board of developmental	18266
disabilities under section 5126.05 of the Revised Code and	18267
consists of program services, such as direct and ancillary client	18268
services, child care, case management services, residential	18269
services, and family resource services.	18270

(E) The purchase consists of criminal justice services,	18271
social services programs, family services, or workforce	18272
development activities by the board of county commissioners from	18273
nonprofit corporations or associations under programs funded by	18274
the federal government or by state grants.	18275

(F) The purchase consists of any form of an insurance policy	18276
or contract authorized to be issued under Title XXXIX of the	18277
Revised Code or any form of health care plan authorized to be	18278
issued under Chapter 1751. of the Revised Code, or any combination	18279
of such policies, contracts, plans, or services that the	18280
contracting authority is authorized to purchase, and the	18281
contracting authority does all of the following:	18282

(1) Determines that compliance with the requirements of this	18283
section would increase, rather than decrease, the cost of the	18284
purchase;	18285

(2) Requests issuers of the policies, contracts, plans, or	18286
services to submit proposals to the contracting authority, in a	18287
form prescribed by the contracting authority, setting forth the	18288
coverage and cost of the policies, contracts, plans, or services	18289
as the contracting authority desires to purchase;	18290

(3) Negotiates with the issuers for the purpose of purchasing	18291
the policies, contracts, plans, or services at the best and lowest	18292
price reasonably possible.	18293

(G) The purchase consists of computer hardware, software, or	18294
consulting services that are necessary to implement a computerized	18295
case management automation project administered by the Ohio	18296
prosecuting attorneys association and funded by a grant from the	18297
federal government.	18298

(H) Child care services are purchased for provision to county	18299
employees.	18300

(I)(1) Property, including land, buildings, and other real	18301
property, is leased for offices, storage, parking, or other	18302
purposes, and all of the following apply:	18303

(a) The contracting authority is authorized by the Revised	18304
Code to lease the property.	18305

(b) The contracting authority develops requests for proposals	18306
for leasing the property, specifying the criteria that will be	18307
considered prior to leasing the property, including the desired	18308
size and geographic location of the property.	18309

(c) The contracting authority receives responses from	18310
prospective lessors with property meeting the criteria specified	18311
in the requests for proposals by giving notice in a manner	18312
substantially similar to the procedures established for giving	18313
notice under section 307.87 of the Revised Code.	18314

(d) The contracting authority negotiates with the prospective	18315
lessors to obtain a lease at the best and lowest price reasonably	18316
possible considering the fair market value of the property and any	18317
relocation and operational costs that may be incurred during the	18318
period the lease is in effect.	18319

(2) The contracting authority may use the services of a real	18320
estate appraiser to obtain advice, consultations, or other	18321
recommendations regarding the lease of property under this	18322
division.	18323

(J) The purchase is made pursuant to section 5139.34 or	18324
sections 5139.41 to 5139.46 of the Revised Code and is of programs	18325
or services that provide case management, treatment, or prevention	18326
services to any felony or misdemeanant delinquent, unruly youth,	18327
or status offender under the supervision of the juvenile court,	18328
including, but not limited to, community residential care, day	18329
treatment, services to children in their home, or electronic	18330
monitoring.	18331

(K) The purchase is made by a public children services agency	18332
pursuant to section 307.92 or 5153.16 of the Revised Code and	18333
consists of family services, programs, or ancillary services that	18334
provide case management, prevention, or treatment services for	18335
children at risk of being or alleged to be abused, neglected, or	18336
dependent children.	18337

(L) The purchase is to obtain the services of emergency	18338
medical service organizations under a contract made by the board	18339
of county commissioners pursuant to section 307.05 of the Revised	18340
Code with a joint emergency medical services district.	18341

(M) The county contracting authority determines that the use	18342
of competitive sealed proposals would be advantageous to the	18343
county and the contracting authority complies with section 307.862	18344
of the Revised Code.	18345

Any issuer of policies, contracts, plans, or services listed	18346
in division (F) of this section and any prospective lessor under	18347
division (I) of this section may have the issuer's or prospective	18348
lessor's name and address, or the name and address of an agent,	18349
placed on a special notification list to be kept by the	18350
contracting authority, by sending the contracting authority that	18351
name and address. The contracting authority shall send notice to	18352
all persons listed on the special notification list. Notices shall	18353
state the deadline and place for submitting proposals. The	18354
contracting authority shall mail the notices at least six weeks	18355
prior to the deadline set by the contracting authority for	18356
submitting proposals. Every five years the contracting authority	18357
may review this list and remove any person from the list after	18358
mailing the person notification of that action.	18359

Any contracting authority that negotiates a contract under	18360
division (F) of this section shall request proposals and negotiate	18361
with issuers in accordance with that division at least every three	18362
years from the date of the signing of such a contract, unless the	18363
parties agree upon terms for extensions or renewals of the	18364
contract. Such extension or renewal periods shall not exceed six	18365
years from the date the initial contract is signed.	18366

Any real estate appraiser employed pursuant to division (I)	18367
of this section shall disclose any fees or compensation received	18368
from any source in connection with that employment.	18369

Sec. 317.08. (A) Except as provided in divisions (C), (D),	18370
and (E) of this section, the county recorder shall keep six	18371
separate sets of records as follows:	18372

(1) A record of deeds, in which shall be recorded all deeds	18373
and other instruments of writing for the absolute and	18374
unconditional sale or conveyance of lands, tenements, and	18375
hereditaments; all notices as provided in sections 5301.47 to	18376
5301.56 of the Revised Code; all judgments or decrees in actions	18377
brought under section 5303.01 of the Revised Code; all	18378
declarations and bylaws, and all amendments to declarations and	18379
bylaws, as provided in Chapter 5311. of the Revised Code;	18380
affidavits as provided in sections 5301.252 and 5301.56 of the	18381
Revised Code; all certificates as provided in section 5311.17 of	18382
the Revised Code; all articles dedicating archaeological preserves	18383
accepted by the director of the Ohio historical society under	18384
section 149.52 of the Revised Code; all articles dedicating nature	18385
preserves accepted by the director of natural resources under	18386
section 1517.05 of the Revised Code; all agreements for the	18387
registration of lands as archaeological or historic landmarks	18388
under section 149.51 or 149.55 of the Revised Code; all	18389
conveyances of conservation easements and agricultural easements	18390
under section 5301.68 of the Revised Code; all instruments	18391
extinguishing agricultural easements under section 901.21 or	18392
5301.691 of the Revised Code or pursuant to terms of such an	18393
easement granted to a charitable organization under section	18394
5301.68 of the Revised Code; all instruments or orders described	18395
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	18396
no further action letters issued under section 122.654 or 3746.11	18397
of the Revised Code; all covenants not to sue issued under section	18398
3746.12 of the Revised Code, including all covenants not to sue	18399
issued pursuant to section 122.654 of the Revised Code; any	18400
restrictions on the use of property contained in a no further	18401
action letter issued under section 122.654 of the Revised Code,	18402
any restrictions on the use of property identified pursuant to	18403
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	18404
restrictions on the use of property contained in a deed or other	18405
instrument as provided in division (E) or (F) of section 3737.882	18406
of the Revised Code; any easement executed or granted under	18407
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	18408
any environmental covenant entered into in accordance with	18409
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	18410
trust, as described in division (A) of section 5301.255 of the	18411
Revised Code, that describe specific real property; and all	18412
agreements entered into under division (A) of section 1506.44 of	18413
the Revised Code;	18414

(2) A record of mortgages, in which shall be recorded all of	18415
the following:	18416

(a) All mortgages, including amendments, supplements,	18417
modifications, and extensions of mortgages, or other instruments	18418
of writing by which lands, tenements, or hereditaments are or may	18419
be mortgaged or otherwise conditionally sold, conveyed, affected,	18420
or encumbered;	18421

(b) All executory installment contracts for the sale of land	18422
executed after September 29, 1961, that by their terms are not	18423
required to be fully performed by one or more of the parties to	18424
them within one year of the date of the contracts;	18425

(c) All options to purchase real estate, including	18426
supplements, modifications, and amendments of the options, but no	18427
option of that nature shall be recorded if it does not state a	18428
specific day and year of expiration of its validity;	18429

(d) Any tax certificate sold under section 5721.33 of the	18430
Revised Code, or memorandum of it, that is presented for filing of	18431
record.	18432

(3) A record of powers of attorney, including all memoranda	18433
of trust, as described in division (A) of section 5301.255 of the	18434
Revised Code, that do not describe specific real property;	18435

(4) A record of plats, in which shall be recorded all plats	18436
and maps of town lots, of the subdivision of town lots, and of	18437
other divisions or surveys of lands, any center line survey of a	18438
highway located within the county, the plat of which shall be	18439
furnished by the director of transportation or county engineer,	18440
and all drawings and amendments to drawings, as provided in	18441
Chapter 5311. of the Revised Code;	18442

(5) A record of leases, in which shall be recorded all	18443
leases, memoranda of leases, and supplements, modifications, and	18444
amendments of leases and memoranda of leases;	18445

(6) A record of declarations executed pursuant to section	18446
2133.02 of the Revised Code and durable powers of attorney for	18447
health care executed pursuant to section 1337.12 of the Revised	18448
Code.	18449

(B) All instruments or memoranda of instruments entitled to	18450
record shall be recorded in the proper record in the order in	18451
which they are presented for record. The recorder may index, keep,	18452
and record in one volume unemployment compensation liens, internal	18453
revenue tax liens and other liens in favor of the United States as	18454
described in division (A) of section 317.09 of the Revised Code,	18455
personal tax liens, mechanic's liens, agricultural product liens,	18456
notices of liens, certificates of satisfaction or partial release	18457
of estate tax liens, discharges of recognizances, excise and	18458
franchise tax liens on corporations, broker's liens, and liens	18459
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	18460
5164.56, and 5311.18 of the Revised Code.	18461

The recording of an option to purchase real estate, including	18462
any supplement, modification, and amendment of the option, under	18463
this section shall serve as notice to any purchaser of an interest	18464
in the real estate covered by the option only during the period of	18465
the validity of the option as stated in the option.	18466

(C) In lieu of keeping the six separate sets of records	18467
required in divisions (A)(1) to (6) of this section and the	18468
records required in divisions (D) and (E) of this section, a	18469
county recorder may record all the instruments required to be	18470
recorded by this section in two separate sets of record books. One	18471
set shall be called the "official records" and shall contain the	18472
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	18473
(D) and (E) of this section. The second set of records shall	18474
contain the instruments listed in division (A)(4) of this section.	18475

(D) Except as provided in division (C) of this section, the	18476
county recorder shall keep a separate set of records containing	18477
all corrupt activity lien notices filed with the recorder pursuant	18478
to section 2923.36 of the Revised Code and a separate set of	18479
records containing all medicaid fraud lien notices filed with the	18480
recorder pursuant to section 2933.75 of the Revised Code.	18481

(E)(1) The county recorder shall keep a separate set of	18482
records containing all transfers, conveyances, or assignments of	18483
any type of tangible or intangible personal property or any rights	18484
or interests in that property if and to the extent that any person	18485
wishes to record that personal property transaction and if the	18486
applicable instrument is acknowledged before a notary public. If	18487
the transferor is a natural person, the notice of personal	18488
property transfer shall be recorded in the county in this state in	18489
which the transferor maintains the transferor's principal	18490
residence. If the transferor is not a natural person, the notice	18491
of personal property transfer shall be recorded in the county in	18492
this state in which the transferor maintains its principal place	18493
of business. If the transferor does not maintain a principal	18494
residence or a principal place of business in this state and the	18495
transfer is to a trustee of a legacy trust formed pursuant to	18496
Chapter 5816. of the Revised Code, the notice of personal property	18497
transfer shall be recorded in the county in this state where that	18498
trustee maintains a principal residence or principal place of	18499
business. In all other instances, the notice of personal property	18500
transfer shall be recorded in the county in this state where the	18501
property described in the notice is located.	18502

(2) The records described in division (E)(1) of this section	18503
shall be maintained in or as part of the "official records" under	18504
division (C) of this section.	18505

Sec. 317.32. The county recorder shall charge and collect	18506
the following fees, to include, except as otherwise provided in	18507
division (A)(2) of this section, base fees for the recorder's	18508
services and housing trust fund fees collected pursuant to section	18509
317.36 of the Revised Code:	18510

(A)(1) Except as otherwise provided in division (A)(2) of	18511
this section, for recording and indexing an instrument if the	18512
photocopy or any similar process is employed, a base fee of	18513
fourteen dollars for the first two pages and a housing trust fund	18514
fee of fourteen dollars, and a base fee of four dollars and a	18515
housing trust fund fee of four dollars for each subsequent page,	18516
size eight and one-half inches by fourteen inches, or fraction of	18517
a page, including the caption page, of such instrument;	18518

(2) For recording and indexing an instrument described in	18519
division (E)(1) of section 317.08 of the Revised Code if the	18520
photocopy or any similar process is employed, a fee of	18521
twenty-eight dollars for the first two pages to be deposited into	18522
the county treasury to the credit of the special fund designated	18523
as "general fund moneys to supplement the ~~equipment~~technology	18524
needs of the county recorder" under section 317.321 of the Revised	18525
Code, and a fee of eight dollars to be deposited in the same	18526
manner for each subsequent page, size eight and one-half inches by	18527
fourteen inches, or fraction of a page, including the caption	18528
page, of that instrument;	18529

(B) For certifying a photocopy from the record previously	18530
recorded, a base fee of one dollar and a housing trust fund fee of	18531
one dollar per page, size eight and one-half inches by fourteen	18532
inches, or fraction of a page; for each certification if the	18533
recorder's seal is required, except as to instruments issued by	18534
the armed forces of the United States, a base fee of fifty cents	18535
and a housing trust fund fee of fifty cents;	18536

(C) For manual or typewritten recording of assignment or	18537
satisfaction of mortgage or lease or any other marginal entry, a	18538
base fee of four dollars and a housing trust fund fee of four	18539
dollars;	18540

(D) For entering any marginal reference by separate recorded	18541
instrument, a base fee of two dollars and a housing trust fund fee	18542
of two dollars for each marginal reference set out in that	18543
instrument, in addition to the fees set forth in division (A)(1)	18544
of this section;	18545

(E) For indexing in the real estate mortgage records,	18546
pursuant to section 1309.519 of the Revised Code, financing	18547
statements covering crops growing or to be grown, timber to be	18548
cut, minerals or the like, including oil and gas, accounts subject	18549
to section 1309.301 of the Revised Code, or fixture filings made	18550
pursuant to section 1309.334 of the Revised Code, a base fee of	18551
two dollars and a housing trust fund fee of two dollars for each	18552
name indexed;	18553

(F) For recording manually any plat not exceeding six lines,	18554
a base fee of two dollars and a housing trust fund fee of two	18555
dollars, and for each additional line, a base fee of ten cents and	18556
a housing trust fund fee of ten cents;	18557

(G) For filing zoning resolutions, including text and maps,	18558
in the office of the recorder as required under sections 303.11	18559
and 519.11 of the Revised Code, a base fee of twenty-five dollars	18560
and a housing trust fund fee of twenty-five dollars, regardless of	18561
the size or length of the resolutions;	18562

(H) For filing zoning amendments, including text and maps, in	18563
the office of the recorder as required under sections 303.12 and	18564
519.12 of the Revised Code, a base fee of ten dollars and a	18565
housing trust fund fee of ten dollars regardless of the size or	18566
length of the amendments;	18567

(I) For photocopying a document, other than at the time of	18568
recording and indexing as provided for in division (A)(1) or (2)	18569
of this section, a base fee of one dollar and a housing trust fund	18570
fee of one dollar per page, size eight and one-half inches by	18571
fourteen inches, or fraction thereof;	18572

(J) For local facsimile transmission of a document, a base	18573
fee of one dollar and a housing trust fund fee of one dollar per	18574
page, size eight and one-half inches by fourteen inches, or	18575
fraction thereof; for long distance facsimile transmission of a	18576
document, a base fee of two dollars and a housing trust fund fee	18577
of two dollars per page, size eight and one-half inches by	18578
fourteen inches, or fraction thereof;	18579

(K) For recording a declaration executed pursuant to section	18580
2133.02 of the Revised Code or a durable power of attorney for	18581
health care executed pursuant to section 1337.12 of the Revised	18582
Code, or both a declaration and a durable power of attorney for	18583
health care, a base fee of at least fourteen dollars but not more	18584
than twenty dollars and a housing trust fund fee of at least	18585
fourteen dollars but not more than twenty dollars.	18586

In any county in which the recorder employs the photostatic	18587
or any similar process for recording maps, plats, or prints the	18588
recorder shall determine, charge, and collect for the recording or	18589
rerecording of any map, plat, or print, a base fee of five cents	18590
and a housing trust fund fee of five cents per square inch, for	18591
each square inch of the map, plat, or print filed for that	18592
recording or rerecording, with a minimum base fee of twenty	18593
dollars and a minimum housing trust fund fee of twenty dollars;	18594
for certifying a copy from the record, a base fee of two cents and	18595
a housing trust fund fee of two cents per square inch of the	18596
record, with a minimum base fee of two dollars and a minimum	18597
housing trust fund fee of two dollars.	18598

The fees provided in this section shall be paid upon the	18599
presentation of the instruments for record or upon the application	18600
for any certified copy of the record, except that the payment of	18601
fees associated with the filing and recording of, or the copying	18602
of, notices of internal revenue tax liens and notices of other	18603
liens in favor of the United States as described in division (A)	18604
of section 317.09 of the Revised Code and certificates of	18605
discharge or release of those liens, shall be governed by section	18606
317.09 of the Revised Code, and the payment of fees for providing	18607
copies of instruments conveying or extinguishing agricultural	18608
easements to the office of farmland preservation in the department	18609
of agriculture under division (H) of section 5301.691 of the	18610
Revised Code shall be governed by that division.	18611

Sec. 317.321. (A) Not later than the first day of October of	18612
~~any~~each year, the county recorder may submit to the board of	18613
county commissioners a proposal for ~~the~~funding either or both of	18614
the following:	18615

(1) The acquisition orand maintenance of ~~micrographic or~~	18616
imaging and other technological equipment ~~or for~~, and associated	18617
expenses and contract services ~~or a proposal to~~therefor;	18618

(2) To reserve funds for the office's future ~~equipment~~	18619
technology needs if the county recorder has no immediate plans for	18620
the acquisition of imaging and other technological equipment or	18621
services. ~~Either~~	18622

(B) The proposal shall be in writing and shall include at	18623
least the following:	18624

(1) A request that an amount not to exceed ~~seven~~eight	18625
dollars of the ~~fee~~total base fees or total fees collected for	18626
filing or recording a document for which a fee is charged as	18627
required by division (A)(1) of section 317.32 ~~of the Revised Code~~	18628
or by section 1309.525 or 5310.15 of the Revised Code, and the	18629
total amount of the fees collected under division (A)(2) of	18630
section 317.32 of the Revised Code, be placed in the county	18631
treasury ~~and~~to the credit of the special fund designated as	18632
"general fund moneys to supplement the ~~equipment~~technology needs	18633
of the county recorder" for a period of one year from the date the	18634
proposal is approved;	18635

(2) ~~The number of years, not to exceed five, for which the~~	18636
~~county recorder requests that the amount requested under division~~	18637
~~(A)(1) of this section be given the designation specified in that~~	18638
~~division;~~	18639

~~(3)~~ An estimate of the total amount of fees that will be	18640
generated for filing or recording a document for which a fee is	18641
charged as required by division (A)(1) or (2) of section 317.32 of	18642
the Revised Code or by section 1309.525 or 5310.15 of the Revised	18643
Code;	18644

~~(4)~~(3) An estimate of the total amount of fees for filing or	18645
recording a document for which a fee is charged as required by	18646
division (A)(1) or (2) of section 317.32 ~~of the Revised Code~~ or by	18647
section 1309.525 or 5310.15 of the Revised Code that will be	18648
credited to the special fund designated as "general fund moneys to	18649
supplement the ~~equipment~~technology needs of the county recorder."	18650
~~if the request submitted under division (A)(1) of this section is~~	18651
~~approved by the board of county commissioners.~~	18652

A proposal ~~for the acquisition or maintenance of micrographic~~	18653
~~or other equipment or for contract services may~~shall include a	18654
description or summary of the ~~micrographic or~~imaging and other	18655
technological equipment~~, or maintenance of the micrographic or~~	18656
~~other equipment,~~ that the county recorder proposes to acquire and	18657
maintain, and the associated expenses therefor, or the nature of	18658
the contract services that the county recorder proposes to	18659
utilize, if the proposal is for those purposes. A proposal to	18660
reserve funds for the office's future ~~equipment~~technology needs	18661
if the county recorder has no immediate plans for the acquisition	18662
of imaging and other technological equipment or services shall	18663
explain the general needs of the office for equipment or services,	18664
if the proposal is for that purpose.	18665

~~(B)~~(C) The board of county commissioners shall receive ~~either~~	18666
the proposal and the clerk shall enter it on the journal. At the	18667
same time, the board shall establish a date, not sooner than	18668
fifteen or later than thirty days after the ~~board's receipt of~~	18669
board receives the proposal, on which to meet with the recorder to	18670
review the proposal.	18671

~~(C)(1)~~(D) Not later than the fifteenth day of December of any	18672
year in which a proposal ~~for the acquisition or maintenance of~~	18673
~~micrographic or other equipment or for contract services~~ is	18674
submitted under division (A) of this section, the board of county	18675
commissioners shall approve~~, reject, or modify~~ the proposal ~~and~~,	18676
if the proposal includes the estimates required by divisions	18677
(B)(2) and (3) of this section. Once the board approves the	18678
proposal, the board shall notify the county recorder of its action	18679
~~on the proposal. If the board rejects or modifies the proposal, it~~	18680
~~shall make a written finding that the request is for a purpose~~	18681
~~other than for acquiring, leasing, or otherwise obtaining~~	18682
~~micrographic or other equipment or contracts for use by the county~~	18683
~~recorder or that the amount requested for the acquisition or~~	18684
~~maintenance of micrographic or other equipment or for contract~~	18685
~~services is excessive as determined by the board. If the board~~	18686
~~approves the proposal, it~~and shall request the establishment of a	18687
special fund under section 5705.12 of the Revised Code ~~for any~~	18688
~~fees~~ designated as "general fund moneys to supplement the	18689
~~equipment~~technology needs of the county recorder," in which the	18690
fees shall be deposited."	18691

~~(2) Not later than the fifteenth day of December of any year~~	18692
~~in which a proposal to reserve funds for the office's future~~	18693
~~equipment needs is submitted under division (A) of this section,~~	18694
~~the board of county commissioners shall approve the proposal,~~	18695
~~notify the county recorder of its action on the proposal, and~~	18696
~~request the establishment of a special fund under section 5705.12~~	18697
~~of the Revised Code for any fees designated as "general fund~~	18698
~~moneys to supplement the equipment needs of the county recorder."~~	18699

~~(D)~~(E) The acquisition orand maintenance of ~~micrographic or~~	18700
imaging and other technological equipment, and ~~the acquisition of~~	18701
associated expenses and contract services therefor, shall be	18702
specifically governed by sections 307.80 to 307.806, 307.84 to	18703
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	18704
section 5705.41 of the Revised Code.	18705

(F) Funding provided under this section does not diminish the	18706
duty of the board of county commissioners to provide funding for	18707
the expenses incurred by, and the personnel necessary for, the	18708
county recorder to perform the duties of office set forth in the	18709
Revised Code.	18710

Sec. 317.36. (A) The county recorder shall collect the low-	18711
and moderate-income housing trust fund fee as specified in	18712
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	18713
4509.60, ~~5111.022~~5164.56, 5310.15, 5719.07, 5727.56, 5733.18,	18714
5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of	18715
any housing trust fund fee the recorder is authorized to collect	18716
is equal to the amount of any base fee the recorder is authorized	18717
to collect for services. The housing trust fund fee shall be	18718
collected in addition to the base fee.	18719

(B) The recorder shall certify the amounts collected as	18720
housing trust fund fees pursuant to division (A) of this section	18721
into the county treasury as housing trust fund fees to be paid to	18722
the treasurer of state pursuant to section 319.63 of the Revised	18723
Code.	18724

Sec. 321.35. Upon demand of the treasurer of state while	18725
holding a school district, county, township, or municipal	18726
corporation obligation purchased under division (G)(1) of section	18727
135.143 of the Revised Code, in making any payment under section	18728
321.31 or 321.34 of the Revised Code, the county auditor shall	18729
withhold funds of the school district, county, township, or	18730
municipal corporation in an amount sufficient to pay debt service	18731
charges on that obligation and any of the fee for the agreement to	18732
purchase that obligation, less any amount deposited for that	18733
purpose under division (D) of section 3317.18 of the Revised Code.	18734
The county auditor shall promptly pay to the treasurer of state	18735
the amount withheld.	18736

Sec. 321.44. (A)(1) A county probation services fund shall	18737
be established in the county treasury of each county. The fund a	18738
county establishes under this division shall contain all moneys	18739
paid to the treasurer of the county under section 2951.021 of the	18740
Revised Code for deposit into the fund. The moneys paid into the	18741
fund shall be deposited by the treasurer of the county into the	18742
appropriate account established under divisions (A)(1)(a) to (d)	18743
of this section. Separate accounts shall be maintained in	18744
accordance with the following criteria in the fund a county	18745
establishes under this division:	18746

(a) If a county department of probation is established in the	18747
county, a separate account shall be maintained in the fund for the	18748
county department of probation.	18749

(b) If the judges of the court of common pleas of the county	18750
have affiliated with the judges of the court of common pleas of	18751
one or more other counties and have established a multicounty	18752
department of probation, a separate account shall be maintained in	18753
the fund for the multicounty department of probation.	18754

(c) If a department of probation is established in a	18755
county-operated municipal court that has jurisdiction within the	18756
county, a separate account shall be maintained in the fund for the	18757
municipal court department of probation.	18758

(d) If a county department of probation has not been	18759
established in the county and if the court of common pleas of the	18760
county, pursuant to section 2301.32 of the Revised Code, has	18761
entered into an agreement with the adult parole authority under	18762
which the court may place defendants under a community control	18763
sanction in charge of the authority, a separate account shall be	18764
maintained in the fund for the court of common pleas.	18765

(2) For any county, if a county department of probation is	18766
established in the county or if a department of probation is	18767
established in a county-operated municipal court that has	18768
jurisdiction within the county, the board of county commissioners	18769
of the county shall appropriate to the county department of	18770
probation or municipal court department of probation all money	18771
that is contained in the department's account in the county	18772
probation services fund established in the county for use only for	18773
specialized staff, purchase of equipment, purchase of services,	18774
reconciliation programs for offenders and victims, other treatment	18775
programs, including ~~alcohol and drug~~community addiction ~~programs~~	18776
services providers certified under section ~~3793.06~~5119.36 of the	18777
Revised Code, determined to be appropriate by the chief probation	18778
officer of the department of probation, and other similar expenses	18779
related to placing offenders under a community control sanction.	18780

For any county, if the judges of the court of common pleas of	18781
the county have affiliated with the judges of the court of common	18782
pleas of one or more other counties and have established a	18783
multicounty department of probation to serve the counties, the	18784
board of county commissioners of the county shall appropriate and	18785
the county treasurer shall transfer to the multicounty probation	18786
services fund established for the multicounty department of	18787
probation under division (B) of this section all money that is	18788
contained in the multicounty department of probation account in	18789
the county probation services fund established in the county for	18790
use in accordance with that division.	18791

For any county, if a county department of probation has not	18792
been established in the county and if the court of common pleas of	18793
the county, pursuant to section 2301.32 of the Revised Code, has	18794
entered into an agreement with the adult parole authority under	18795
which the court may place defendants under a community control	18796
sanction in charge of the authority, the board of county	18797
commissioners of the county shall appropriate to the court all	18798
money that is contained in the court's account in the county	18799
probation services fund established in the county for use only for	18800
specialized staff, purchase of equipment, purchase of services,	18801
reconciliation programs for offenders and victims, other treatment	18802
and recovery support services, including properly credentialed	18803
treatment and recovery support services program providers or those	18804
certified under section ~~3793.06~~5119.36 of the Revised Code,	18805
determined to be appropriate by the authority, and other similar	18806
uses related to placing offenders under a community control	18807
sanction.	18808

(B) If the judges of the courts of common pleas of two or	18809
more counties have established a multicounty department of	18810
probation, a multicounty probation services fund shall be	18811
established in the county treasury of the county whose treasurer,	18812
in accordance with section 2301.27 of the Revised Code, is	18813
designated by the judges of the courts of common pleas as the	18814
treasurer to whom monthly supervision fees are to be appropriated	18815
and transferred under division (A)(2) of this section for deposit	18816
into the fund. The fund shall contain all moneys that are paid to	18817
the treasurer of any member county under section 2951.021 of the	18818
Revised Code for deposit into the county's probation services fund	18819
and that subsequently are appropriated and transferred to the	18820
multicounty probation services fund under division (A)(2) of this	18821
section. The board of county commissioners of the county in which	18822
the multicounty probation services fund is established shall	18823
appropriate the money contained in that fund to the multicounty	18824
department of probation, for use only for specialized staff,	18825
purchase of equipment, purchase of services, reconciliation	18826
programs for offenders and victims, other treatment programs,	18827
including ~~alcohol and drug~~community addiction ~~programs~~services	18828
providers certified under section ~~3793.06~~5119.36 of the Revised	18829
Code, determined to be appropriate by the chief probation officer,	18830
and for other similar expenses related to placing offenders under	18831
a community control sanction.	18832

(C) Any money in a county or multicounty probation services	18833
fund at the end of a fiscal year shall not revert to the general	18834
fund of the county but shall be retained in the fund.	18835

(D) As used in this section:

18836

(1) "County-operated municipal court" has the same meaning as	18837
in section 1901.03 of the Revised Code.	18838

(2) "Multicounty department of probation" means a probation	18839
department established under section 2301.27 of the Revised Code	18840
to serve more than one county.	18841

(3) "Community control sanction" has the same meaning as in	18842
section 2929.01 of the Revised Code.	18843

Sec. 329.04. (A) The county department of job and family	18844
services shall have, exercise, and perform the following powers	18845
and duties:	18846

(1) Perform any duties assigned by the state department of	18847
job and family services or department of medicaid regarding the	18848
provision of public family services, including the provision of	18849
the following services to prevent or reduce economic or personal	18850
dependency and to strengthen family life:	18851

(a) Services authorized by a Title IV-A program, as defined	18852
in section 5101.80 of the Revised Code;	18853

(b) Social services authorized by Title XX of the "Social	18854
Security Act" and provided for by section 5101.46 or 5101.461 of	18855
the Revised Code;	18856

(c) If the county department is designated as the child	18857
support enforcement agency, services authorized by Title IV-D of	18858
the "Social Security Act" and provided for by Chapter 3125. of the	18859
Revised Code. The county department may perform the services	18860
itself or contract with other government entities, and, pursuant	18861
to division (C) of section 2301.35 and section 2301.42 of the	18862
Revised Code, private entities, to perform the Title IV-D	18863
services.	18864

(d) Duties assigned under section ~~5111.98~~5162.031 of the	18865
Revised Code.	18866

(2) Administer disability financial assistance, as required	18867
by the state department of job and family services under section	18868
5115.03 of the Revised Code;	18869

(3) Administer burials insofar as the administration of	18870
burials was, prior to September 12, 1947, imposed upon the board	18871
of county commissioners and if otherwise required by state law;	18872

(4) Cooperate with state and federal authorities in any	18873
matter relating to family services and to act as the agent of such	18874
authorities;	18875

(5) Submit an annual account of its work and expenses to the	18876
board of county commissioners and to the state department of job	18877
and family services and department of medicaid at the close of	18878
each fiscal year;	18879

(6) Exercise any powers and duties relating to family	18880
services duties or workforce development activities imposed upon	18881
the county department of job and family services by law, by	18882
resolution of the board of county commissioners, or by order of	18883
the governor, when authorized by law, to meet emergencies during	18884
war or peace;	18885

(7) ~~Determine the eligibility for medical assistance of~~	18886
~~recipients of aid under Title XVI of the "Social Security Act";~~	18887

~~(8) If assigned by the state director of job and family~~	18888
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	18889
~~determine applicants' eligibility for health assistance under the~~	18890
~~children's health insurance program part II or part III;~~	18891

~~(9)~~ Enter into a plan of cooperation with the board of county	18892
commissioners under section 307.983, consult with the board in the	18893
development of the transportation work plan developed under	18894
section 307.985, establish with the board procedures under section	18895
307.986 for providing services to children whose families relocate	18896
frequently, and comply with the contracts the board enters into	18897
under sections 307.981 and 307.982 of the Revised Code that affect	18898
the county department;	18899

~~(10)~~(8) For the purpose of complying with a grant agreement	18900
the board of county commissioners enters into under sections	18901
307.98 and 5101.21 of the Revised Code, exercise the powers and	18902
perform the duties the grant agreement assigns to the county	18903
department;	18904

~~(11)~~(9) If the county department is designated as the	18905
workforce development agency, provide the workforce development	18906
activities specified in the contract required by section 330.05 of	18907
the Revised Code.	18908

(B) The powers and duties of a county department of job and	18909
family services are, and shall be exercised and performed, under	18910
the control and direction of the board of county commissioners.	18911
The board may assign to the county department any power or duty of	18912
the board regarding family services duties and workforce	18913
development activities. If the new power or duty necessitates the	18914
state department of job and family services or department of	18915
medicaid changing its federal cost allocation plan, the county	18916
department may not implement the power or duty unless the United	18917
States department of health and human services approves the	18918
changes.	18919

Sec. 329.051. The county department of job and family	18920
services shall make voter registration applications as prescribed	18921
by the secretary of state under section 3503.10 of the Revised	18922
Code available to persons who are applying for, receiving	18923
assistance from, or participating in any of the following:	18924

(A) The disability financial assistance program established	18925
under Chapter 5115. of the Revised Code;	18926

(B) The ~~medical assistance~~medicaid program ~~established under~~	18927
~~Chapter 5111. of the Revised Code~~;	18928

(C) The Ohio works first program established under Chapter	18929
5107. of the Revised Code;	18930

(D) The prevention, retention, and contingency program	18931
established under Chapter 5108. of the Revised Code.	18932

Sec. 329.06. (A) Except as provided in division (C) of this	18933
section and section 6301.08 of the Revised Code, the board of	18934
county commissioners shall establish a county family services	18935
planning committee. The board shall appoint a member to represent	18936
the county department of job and family services; an employee in	18937
the classified civil service of the county department of job and	18938
family services, if there are any such employees; and a member to	18939
represent the public. The board shall appoint other individuals to	18940
the committee in such a manner that the committee's membership is	18941
broadly representative of the groups of individuals and the public	18942
and private entities that have an interest in the family services	18943
provided in the county. The board shall make appointments in a	18944
manner that reflects the ethnic and racial composition of the	18945
county. The following groups and entities may be represented on	18946
the committee:	18947

(1) Consumers of family services;

18948

(2) The public children services agency;

18949

(3) The child support enforcement agency;

18950

(4) The county family and children first council;

18951

(5) Public and private colleges and universities;

18952

(6) Public entities that provide family services, including	18953
boards of health, boards of education, the county board of	18954
developmental disabilities, and the board of alcohol, drug	18955
addiction, and mental health services that serves the county;	18956

(7) Private nonprofit and for-profit entities that provide	18957
family services in the county or that advocate for consumers of	18958
family services in the county, including entities that provide	18959
services to or advocate for victims of domestic violence;	18960

(8) Labor organizations;

18961

(9) Any other group or entity that has an interest in the	18962
family services provided in the county, including groups or	18963
entities that represent any of the county's business, urban, and	18964
rural sectors.	18965

(B) The county family services planning committee shall do	18966
all of the following:	18967

(1) Serve as an advisory body to the board of county	18968
commissioners with regard to the family services provided in the	18969
county, including assistance under Chapters 5107. and 5108. of the	18970
Revised Code, publicly funded child care under Chapter 5104. of	18971
the Revised Code, and social services provided under section	18972
5101.46 of the Revised Code;	18973

(2) At least once a year, review and analyze the county	18974
department of job and family services' implementation of the	18975
programs established under Chapters 5107. and 5108. of the Revised	18976
Code. In its review, the committee shall use information available	18977
to it to examine all of the following:	18978

(a) Return of assistance groups to participation in either	18979
program after ceasing to participate;	18980

(b) Teen pregnancy rates among the programs' participants;

18981

(c) The other types of assistance the programs' participants	18982
receive, including medicaid ~~under Chapter 5111. of the Revised~~	18983
~~Code~~, publicly funded child care under Chapter 5104. of the	18984
Revised Code, supplemental nutrition assistance program benefits	18985
under section 5101.54 of the Revised Code, and energy assistance	18986
under Chapter 5117. of the Revised Code;	18987

(d) Other issues the committee considers appropriate.

18988

The committee shall make recommendations to the board of	18989
county commissioners and county department of job and family	18990
services regarding the committee's findings.	18991

(3) Conduct public hearings on proposed county profiles for	18992
the provision of social services under section 5101.46 of the	18993
Revised Code;	18994

(4) At the request of the board, make recommendations and	18995
provide assistance regarding the family services provided in the	18996
county;	18997

(5) At any other time the committee considers appropriate,	18998
consult with the board and make recommendations regarding the	18999
family services provided in the county. The committee's	19000
recommendations may address the following:	19001

(a) Implementation and administration of family service	19002
programs;	19003

(b) Use of federal, state, and local funds available for	19004
family service programs;	19005

(c) Establishment of goals to be achieved by family service	19006
programs;	19007

(d) Evaluation of the outcomes of family service programs;

19008

(e) Any other matter the board considers relevant to the	19009
provision of family services.	19010

(C) If there is a committee in existence in a county on	19011
October 1, 1997, that the board of county commissioners determines	19012
is capable of fulfilling the responsibilities of a county family	19013
services planning committee, the board may designate the committee	19014
as the county's family services planning committee and the	19015
committee shall serve in that capacity.	19016

Sec. 329.14. (A) An individual whose household income does	19017
not exceed two hundred per cent of the federal poverty line is	19018
eligible to participate in an individual development account	19019
program established by the county department of job and family	19020
services of the county in which the individual resides. An	19021
eligible individual seeking to be a participant in the program	19022
shall enter into an agreement with the fiduciary organization	19023
administering the program. The agreement shall specify the terms	19024
and conditions of uses of funds deposited, financial documentation	19025
required to be maintained by the participant, expectations and	19026
responsibilities of the participant, and services to be provided	19027
by the fiduciary organization.	19028

(B) A participant may deposit earned income, as defined in 26	19029
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	19030
organization may deposit into the account an amount not exceeding	19031
four times the amount deposited by the participant except that a	19032
fiduciary organization may not, pursuant to an agreement with an	19033
employer, deposit an amount into an account held by a participant	19034
who is employed by the employer. An account may have no more than	19035
ten thousand dollars in it at any time.	19036

(C) Notwithstanding eligibility requirements established in	19037
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	19038
Code, to the extent permitted by federal statutes and regulations,	19039
money in an individual development account, including interest, is	19040
exempt from consideration in determining whether the participant	19041
or a member of the participant's assistance group is eligible for	19042
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	19043
Code and the amount of assistance the participant or assistance	19044
group is eligible to receive.	19045

(D)(1) Except as provided in division (D)(2) of this section,	19046
an individual development account program participant may use	19047
money in the account only for the following purposes:	19048

(a) Postsecondary educational expenses paid directly from the	19049
account to an eligible education institution or vendor;	19050

(b) Qualified acquisition expenses of a principal residence,	19051
as defined in 26 U.S.C. 1034, as amended, paid directly from the	19052
account to the person or government entity to which the expenses	19053
are due;	19054

(c) Qualified business capitalization expenses made in	19055
accordance with a qualified business plan that has been approved	19056
by a financial institution or by a nonprofit microenterprise	19057
program having demonstrated business expertise and paid directly	19058
from the account to the person to whom the expenses are due.	19059

(2) A fiduciary organization shall permit a participant to	19060
withdraw money deposited by the participant if it is needed to	19061
deal with a personal emergency of the participant or a member of	19062
the participant's family or household. Withdrawal shall result in	19063
the loss of any matching funds in an amount equal to the amount of	19064
the withdrawal.	19065

(3) Regardless of the reason for the withdrawal, a withdrawal	19066
from an individual development account may be made only with the	19067
approval of the fiduciary organization.	19068

Sec. 339.02. (A) As used in this section, "area served by	19069
the hospital" means the geographic area, whether or not included	19070
within the county, from which a county hospital regularly draws	19071
patients.	19072

(B) Unless a board of county hospital trustees for the county	19073
is in existence in accordance with this section, such board shall	19074
be created pursuant to this section after the board of county	19075
commissioners first determines by resolution to establish a county	19076
hospital. Copies of such resolution shall be certified to the	19077
probate judge of the county senior in point of service and to the	19078
judge, other than a probate judge, of the court of common pleas of	19079
the county senior in point of service. The board of county	19080
commissioners together with the probate judge of the county senior	19081
in point of service and the judge of the court of common pleas of	19082
the county senior in point of service shall, within ten days after	19083
such certification, appoint a board of county hospital trustees.	19084

(C) In making appointments to a board of county hospital	19085
trustees, ~~all~~both of the following apply with respect to the	19086
individuals who may be appointed:	19087

(1) Members shall be electors and representative of the area	19088
served by the hospital, except that not more than two members may	19089
be electors of the area served by the hospital that is outside the	19090
county in which the hospital is located.	19091

(2) ~~In no case shall more than one-half of the members be~~	19092
~~independents or be members of any one political party.~~	19093

~~(3)~~ A physician may serve as a member, including a physician	19094
who is authorized to admit and treat patients at the hospital,	19095
except as follows:	19096

(a) Not more than two physicians may serve as members at the	19097
same time;	19098

(b) No physician who is employed by the hospital may serve as	19099
a member.	19100

(D) A board of county hospital trustees shall be composed of	19101
six members, unless the board of county commissioners determines	19102
that the board of trustees can more effectively function with	19103
eight or ten members in which case there may be eight or ten	19104
members, as designated by the board of county commissioners.	19105

(E) With respect to the initial appointment of members to a	19106
board of county hospital trustees, all of the following apply:	19107

(1) When the board is composed of six members, their terms of	19108
office shall be one for one year, one for two years, one for three	19109
years, one for four years, one for five years, and one for six	19110
years from the first Monday of March thereafter.	19111

(2) When the board is composed of eight members, their terms	19112
of office shall be one for one year, one for two years, two for	19113
three years, one for four years, one for five years, and two for	19114
six years from the first Monday of March thereafter.	19115

(3) When the board is composed of ten members, their terms of	19116
office shall be two for one year, one for two years, two for three	19117
years, two for four years, one for five years, and two for six	19118
years from the first Monday of March thereafter.	19119

(F) Except as provided in division (G)(2) of this section,	19120
all of the following apply with respect to vacancies on a board of	19121
county hospital trustees:	19122

(1) Annually, on the first Monday of March, the board of	19123
county commissioners together with the probate judge of the county	19124
senior in point of service and the judge of the court of common	19125
pleas of the county senior in point of service shall appoint or	19126
reappoint for a term of six years a sufficient number of members	19127
to replace those members whose terms have expired.	19128

(2) The appointing authority shall fill a vacancy not later	19129
than six months after the vacancy occurs. If the vacancy remains	19130
unfilled on that date, the remaining members of the board, by	19131
majority vote, shall appoint an individual to fill the vacancy.	19132

(3) The appointing authority may fill a vacancy by seeking	19133
nominations from a selection committee consisting of one county	19134
commissioner designated by the board of county commissioners, the	19135
chair of the board of county hospital trustees, and the county	19136
hospital administrator. If nominations for filling a vacancy are	19137
sought from a selection committee, the committee shall nominate at	19138
least three individuals for the vacancy. The appointing authority	19139
may fill the vacancy by appointing one of the nominated	19140
individuals or by appointing another individual selected by the	19141
appointing authority.	19142

(4) Any member appointed to fill a vacancy occurring prior to	19143
the expiration date of the term for which the member's predecessor	19144
was appointed shall hold office as a member for the remainder of	19145
that term.	19146

(G)(1) The board of county commissioners together with the	19147
probate judge senior in point of service and the judge of the	19148
court of common pleas senior in point of service in any county in	19149
which a board of county hospital trustees has been appointed may	19150
expand the number of members to eight or to ten. When the number	19151
of members is increased to eight, one shall be appointed for a	19152
three-year and one for a six-year term from the first Monday of	19153
March thereafter. When the number of members is increased from six	19154
to ten, the term for additional members shall be: one for one	19155
year, one for three years, one for four years, and one for six	19156
years from the first Monday of March thereafter. When the number	19157
of members is increased from eight to ten, the term for additional	19158
members shall be: one for one year and one for four years from the	19159
first Monday of March thereafter. Thereafter except as provided in	19160
division (G)(2) of this section, upon the expiration of the term	19161
of office of each member, the vacancy shall be filled in the	19162
manner specified in division (F) of this section.	19163

(2) The board of county commissioners together with the	19164
probate judge senior in point of service and the judge of the	19165
court of common pleas senior in point of service may reduce the	19166
number of members of a board of county hospital trustees to eight	19167
or to six. The reduction shall occur on expiration of a member's	19168
term of office, at which time no appointment shall be made. While	19169
the board of county commissioners and the judges are in the	19170
process of reducing the number of members, the board of county	19171
hospital trustees may consist of nine or seven members for one	19172
year.	19173

(H) Any member of a board of county hospital trustees may be	19174
removed from office by the appointing authority for neglect of	19175
duty, misconduct, or malfeasance in office. The member shall be	19176
informed in writing of the charges and afforded an opportunity for	19177
a hearing before the appointing authority. The appointing	19178
authority shall not remove a member from office for political	19179
reasons.	19180

(I) The board of county commissioners may provide members of	19181
a board of county hospital trustees ~~shall~~a stipend for their	19182
service or require the members to serve without compensation~~, but~~.	19183
The members shall be allowed their necessary and reasonable	19184
expenses incurred in the performance of their duties, including	19185
the cost of their participation in any continuing education	19186
programs or developmental programs that the members consider	19187
necessary. Allowable stipends and expenses shall be paid out of	19188
the funds provided for the county hospital.	19189

(J) The persons selected to be members of a board of county	19190
hospital trustees shall forthwith be notified, by mail, of their	19191
appointment. When a board is initially appointed, the notice shall	19192
state a time, not more than ten days later, when such board shall	19193
meet at the county seat of such county to organize. On the date	19194
stated, the board shall meet and organize.	19195

(K) A board of county hospital trustees shall organize by	19196
electing one of its number as chairperson and such other officers	19197
as specified in the board's rules. Four members of a six-member	19198
board constitute a quorum, five members constitute a quorum of an	19199
eight-member board, and six members constitute a quorum of a	19200
ten-member board.	19201

A board of county hospital trustees shall hold meetings at	19202
least ~~once a month~~quarterly, shall adopt necessary rules of	19203
procedure, and shall keep a record of its proceedings and a strict	19204
account of all its receipts, disbursements, and expenditures. On	19205
completion of the construction and equipping of a county hospital,	19206
the board shall file such account with the board of county	19207
commissioners and make final settlement with the board of county	19208
commissioners for the construction and equipping of the hospital.	19209

Sec. 339.05. (A) A board of county hospital trustees may	19210
adopt, annually, bidding procedures and purchasing or leasing	19211
policies ~~for services~~ provided through a joint purchasing	19212
arrangement sponsored by a nonprofit organization, ~~and~~ for	19213
services, supplies, and equipment, that are routinely used in the	19214
operation of the hospital and that cost in excess of the amount	19215
specified in section 307.86 of the Revised Code as the amount	19216
above which purchases must be competitively bid. If a board of	19217
county hospital trustees adopts those policies and procedures, and	19218
if the board of county commissioners approves them, the board of	19219
county hospital trustees may follow those policies and procedures	19220
in lieu of following the competitive bidding procedures of	19221
sections 307.86 to 307.92 of the Revised Code.	19222

(B) Notwithstanding section 307.86 of the Revised Code, the	19223
board of county hospital trustees is exempt from competitive	19224
bidding as required under that section if the board, by a	19225
unanimous vote of its members, makes a determination that a real	19226
and present emergency exists, and either of the following applies:	19227

(1) The estimated cost is less than one hundred thousand	19228
dollars.	19229

(2) There is actual physical damage to structures or	19230
equipment.	19231

The board shall enter the determination of emergency and the	19232
reasons for it in the minutes of its proceedings.	19233

For purposes of this section, a vote is unanimous if all	19234
members of a board of county hospital trustees are present, or a	19235
lesser number of members of the board if not all members are	19236
present, provided that the number of members present constitutes a	19237
quorum.	19238

Whenever a contract of purchase, lease, or construction is	19239
exempted from competitive bidding because the estimated cost is	19240
less than one hundred thousand dollars, but the estimated cost is	19241
fifty thousand dollars or more, the board shall solicit informal	19242
estimates from not fewer than three persons who could perform the	19243
contract, before awarding the contract. With regard to each such	19244
contract, the board shall maintain a record of the informal	19245
estimates, including the name of each person from whom an informal	19246
estimate was solicited. The board shall maintain the record for	19247
the longer of at least one year after the contract is awarded or	19248
an amount of time required by the federal government.	19249

Sec. 339.06. (A) The board of county hospital trustees, upon	19250
completion of construction or leasing and equipping of a county	19251
hospital, shall assume and continue the operation of the hospital.	19252

(B) The board of county hospital trustees shall have the	19253
entire management and control of the county hospital. The board	19254
may in writing delegate its management and control of the county	19255
hospital to the administrator of the county hospital employed	19256
under section 339.07 of the Revised Code. The board shall	19257
establish such rules for the hospital's government, management,	19258
control, and the admission of persons as are expedient.	19259

(C) The board of county hospital trustees has control of the	19260
property of the county hospital, including management and disposal	19261
of surplus property other than real estate or an interest in real	19262
estate.	19263

(D) With respect to the use of funds by the board of county	19264
hospital trustees and its accounting for the use of funds, all of	19265
the following apply:	19266

(1) The board of county hospital trustees has control of all	19267
funds used in the county hospital's operation, including moneys	19268
received from the operation of the hospital, moneys appropriated	19269
for its operation by the board of county commissioners, and moneys	19270
resulting from special levies submitted by the board of county	19271
commissioners as provided for in section 5705.22 of the Revised	19272
Code.	19273

(2) Of the funds used in the county hospital's operation, all	19274
or part of any amount determined not to be necessary to meet	19275
current demands on the hospital may be invested by the board of	19276
county hospital trustees or its designee in any classifications of	19277
securities and obligations eligible for deposit or investment of	19278
county moneys pursuant to section 135.35 of the Revised Code,	19279
subject to the approval of the board's written investment policy	19280
by the county investment advisory committee established pursuant	19281
to section 135.341 of the Revised Code.	19282

(3) Annually, not later than sixty days before the end of the	19283
fiscal year used by the county hospital, the board of county	19284
hospital trustees shall submit its proposed budget for the ensuing	19285
fiscal year to the board of county commissioners for that board's	19286
review. The board of county commissioners shall review and approve	19287
the proposed budget by the first day of the fiscal year to which	19288
the budget applies. If the board of county commissioners has not	19289
approved the budget by the first day of the fiscal year to which	19290
the budget applies, the budget is deemed to have been approved by	19291
the board on the first day of that fiscal year.	19292

(4) The board of county hospital trustees shall not expend	19293
funds received from taxes collected pursuant to any tax levied	19294
under section 5705.22 of the Revised Code or the amount	19295
appropriated to the county hospital by the board of county	19296
commissioners in the annual appropriation measure for the county	19297
until its budget for the applicable fiscal year is approved in	19298
accordance with division (C)(3) of this section. At any time the	19299
amount received from those sources differs from the amount shown	19300
in the approved budget, the board of county commissioners may	19301
require the board of county hospital trustees to revise the county	19302
hospital budget accordingly.	19303

(5) Funds under the control of the board of county hospital	19304
trustees may be disbursed by the board, consistent with the	19305
approved budget, for the uses and purposes of the county hospital;	19306
for the replacement of necessary equipment; for the acquisition,	19307
leasing, or construction of permanent improvements to county	19308
hospital property; or for making a donation authorized by division	19309
(E) of this section. Each disbursement of funds shall be made on a	19310
voucher signed by signatories designated and approved by the board	19311
of county hospital trustees.	19312

(6) The head of a board of county hospital trustees is not	19313
required to file an estimate of contemplated revenue and	19314
expenditures for the ensuing fiscal year under section 5705.28 of	19315
the Revised Code unless the board of county commissioners levies a	19316
tax for the county hospital, or such a tax is proposed, or the	19317
board of county hospital trustees desires that the board of county	19318
commissioners make an appropriation to the county hospital for the	19319
ensuing fiscal year.	19320

(7) All moneys appropriated by the board of county	19321
commissioners or from special levies by the board of county	19322
commissioners for the operation of the hospital, when collected	19323
shall be paid to the board of county hospital trustees on a	19324
warrant of the county auditor and approved by the board of county	19325
commissioners.	19326

(8) The board of county hospital trustees shall provide for	19327
the conduct of an annual financial audit of the county hospital.	19328
Not later than thirty days after it receives the final report of	19329
an annual financial audit, the board shall file a copy of the	19330
report with the board of county commissioners.	19331

(E) For the public purpose of improving the health, safety,	19332
and general welfare of the community, the board of county hospital	19333
trustees may donate to a nonprofit entity any of the following:	19334

(1) Moneys and other financial assets determined not to be	19335
necessary to meet current demands on the hospital;	19336

(2) Surplus hospital property, including supplies, equipment,	19337
office facilities, and other property that is not real estate or	19338
an interest in real estate;	19339

(3) Services rendered by the hospital.

19340

(F)(1) For purposes of division (F)(2) of this section:

19341

(a) "Bank" has the same meaning as in section 1101.01 of the	19342
Revised Code.	19343

(b) "Savings and loan association" has the same meaning as in	19344
section 1151.01 of the Revised Code.	19345

(c) "Savings bank" has the same meaning as in section 1161.01	19346
of the Revised Code.	19347

(2) The board of county hospital trustees may enter into a	19348
contract for a secured line of credit with a bank, savings and	19349
loan association, or savings bank if the contract meets all of the	19350
following requirements:	19351

(a) The term of the contract does not exceed one year, except	19352
that the contract may provide for the automatic renewal of the	19353
contract for up to four additional one-year periods if, on the	19354
date of automatic renewal, the aggregate outstanding draws	19355
remaining unpaid under the secured line of credit do not exceed	19356
fifty per cent of the maximum amount that can be drawn under the	19357
secured line of credit.	19358

(b) The contract provides that the bank, savings and loan	19359
association, or savings bank shall not commence a civil action	19360
against the board of county commissioners, any member of the	19361
board, or the county to recover the principal, interest, or any	19362
charges or other amounts that remain outstanding on the secured	19363
line of credit at the time of any default by the board of county	19364
hospital trustees.	19365

(c) The contract provides that no assets other than those of	19366
the county hospital can be used to secure the line of credit.	19367

(d) The terms and conditions of the contract comply with all	19368
state and federal statutes and rules governing the extension of a	19369
secured line of credit.	19370

(3) Any obligation incurred by a board of county hospital	19371
trustees under division (F)(2) of this section is an obligation of	19372
that board only and not a general obligation of the board of	19373
county commissioners or the county within the meaning of division	19374
(Q) of section 133.01 of the Revised Code.	19375

(4) Notwithstanding anything to the contrary in the Revised	19376
Code, the board of county hospital trustees may secure the line of	19377
credit authorized under division (F)(2) of this section by the	19378
grant of a security interest in any part or all of its tangible	19379
personal property and intangible personal property, including its	19380
deposit accounts, accounts receivable, or both.	19381

(5) No board of county hospital trustees shall at any time	19382
have more than one secured line of credit under division (F)(2) of	19383
this section.	19384

(G) The board of county hospital trustees shall establish a	19385
schedule of charges for all services and treatment rendered by the	19386
county hospital. It may provide for the free treatment in the	19387
hospital of soldiers, sailors, and marines of the county, under	19388
such conditions and rules as it prescribes.	19389

(H) The board of county hospital trustees may designate the	19390
amounts and forms of insurance protection to be provided, and the	19391
board of county commissioners shall assist in obtaining such	19392
protection. The expense of providing the protection shall be paid	19393
from hospital operating funds.	19394

(I) The board of county hospital trustees may authorize a	19395
county hospital and each of its units, hospital board members,	19396
designated hospital employees, and medical staff members to be a	19397
member of and maintain membership in any local, state, or national	19398
group or association organized and operated for the promotion of	19399
the public health and welfare or advancement of the efficiency of	19400
hospital administration and in connection therewith to use tax	19401
funds for the payment of dues and fees and related expenses but	19402
nothing in this section prohibits the board from using receipts	19403
from hospital operation, other than tax funds, for the payment of	19404
such dues and fees.	19405

(J) The following apply to the board of county hospital	19406
trustees in relation to its employees and the employees of the	19407
county hospital:	19408

(1) The board shall adopt the wage and salary schedule for	19409
employees.	19410

(2) The board may employ the hospital's administrator	19411
pursuant to section 339.07 of the Revised Code, and the	19412
administrator may employ individuals for the hospital in	19413
accordance with that section.	19414

(3) The board may employ assistants as necessary to perform	19415
its clerical work, superintend properly the construction of the	19416
county hospital, and pay the hospital's expenses. Such employees	19417
may be paid from funds provided for the county hospital.	19418

(4) The board may hire, by contract or as salaried employees,	19419
such management consultants, accountants, attorneys, engineers,	19420
architects, construction managers, and other professional advisors	19421
as it determines are necessary and desirable to assist in the	19422
management of the programs and operation of the county hospital.	19423
Such professional advisors may be paid from county hospital	19424
operating funds.	19425

(5) Notwithstanding section 325.19 of the Revised Code, the	19426
board may grant to employees any fringe benefits the board	19427
determines to be customary and usual in the nonprofit hospital	19428
field in its community, including, but not limited to:	19429

(a) Additional vacation leave with full pay for full-time	19430
employees, including full-time hourly rate employees, after	19431
service of one year;	19432

(b) Vacation leave and holiday pay for part-time employees on	19433
a pro rata basis;	19434

(c) Leave with full pay due to death in the employee's	19435
immediate family, which shall not be deducted from the employee's	19436
accumulated sick leave;	19437

(d) Premium pay for working on holidays listed in section	19438
325.19 of the Revised Code;	19439

(e) Moving expenses for new employees;

19440

(f) Discounts on hospital supplies and services.

19441

(6) The board may provide holiday leave by observing Martin	19442
Luther King day, Washington-Lincoln day, Columbus day, and	19443
Veterans' day on days other than those specified in section 1.14	19444
of the Revised Code.	19445

(7) The board may grant to employees the insurance benefits	19446
authorized by section 339.16 of the Revised Code.	19447

(8) Notwithstanding section 325.19 of the Revised Code, the	19448
board may grant to employees, including hourly rate employees,	19449
such personal holidays as the board determines to be customary and	19450
usual in the hospital field in its community.	19451

(9) The board may provide employee recognition awards and	19452
hold employee recognition dinners.	19453

(10) The board may grant to employees the recruitment and	19454
retention benefits specified under division (K) of this section.	19455

(K) Notwithstanding sections 325.191 and 325.20 of the	19456
Revised Code, the board of county hospital trustees may provide,	19457
without the prior authorization of the board of county	19458
commissioners, scholarships for education in the health care	19459
professions, tuition reimbursement, and other staff development	19460
programs to enhance the skills of health care professionals for	19461
the purpose of recruiting or retaining qualified employees.	19462

The board of county hospital trustees may pay reasonable	19463
expenses for recruiting or retaining physicians and other	19464
appropriate health care practitioners.	19465

(L) The board of county hospital trustees may retain counsel	19466
and institute legal action in its own name for the collection of	19467
delinquent accounts. The board may also employ any other lawful	19468
means for the collection of delinquent accounts.	19469

Sec. 339.07. (A) The board of county hospital trustees shall	19470
provide for the administration of the county hospital by directly	19471
employing a hospital administrator or by entering into a contract	19472
for the management of the hospital under which an administrator is	19473
provided. When an administrator is employed directly, the board	19474
shall adopt a job description delineating the administrator's	19475
powers and duties and the board may pay the administrator's salary	19476
and other benefits from funds provided for the hospital.	19477

(B) During the construction and equipping of the hospital,	19478
the administrator shall act in an advisory capacity to the board	19479
of county hospital trustees. After the hospital is completed, the	19480
administrator shall serve as the chief executive officer and shall	19481
carry out the administration of the county hospital according to	19482
the policies set forth by the board and any written delegation.	19483

The administrator shall administer the county hospital, make	19484
reports, and take any other action that the administrator	19485
determines is necessary for the operation of the hospital.	19486

At the end of each fiscal year, the administrator shall	19487
submit to the board a complete financial statement showing the	19488
receipts, revenues, and expenditures in detail for the entire	19489
fiscal year.	19490

The administrator shall ensure that the hospital has such	19491
physicians, nurses, and other employees as are necessary for the	19492
proper care, control, and management of the county hospital and	19493
its patients. The physicians, nurses, and other employees may be	19494
suspended or removed by the administrator at any time the welfare	19495
of the hospital warrants suspension or removal. The administrator	19496
may obtain physicians, nurses, and other employees by direct	19497
employment, entering into contracts, or granting authority to	19498
practice in the hospital. Persons employed directly shall be in	19499
the unclassified civil service, pursuant to section 124.11 of the	19500
Revised Code.	19501

Sec. 340.01. (A) As used in this chapter, "addiction,"	19502
"addiction services," "alcohol and drug addiction services," ~~and~~	19503
"community addiction services provider," "community mental health	19504
services provider," "~~alcohol and drug addiction programs~~gambling	19505
addiction services," "mental health services," and "mental	19506
illness" have the same meanings as in section ~~3793.01~~5119.01 of	19507
the Revised Code.	19508

(B) An alcohol, drug addiction, and mental health service	19509
district shall be established in any county or combination of	19510
counties having a population of at least fifty thousand to provide	19511
~~alcohol and drug~~ addiction services and mental health services.	19512
With the approval of the ~~directors~~director of ~~mental health and~~	19513
~~alcohol and drug addiction services~~mental health and addiction	19514
services, any county or combination of counties having a	19515
population of less than fifty thousand may establish such a	19516
district. Districts comprising more than one county shall be known	19517
as joint-county districts.	19518

The board of county commissioners of any county participating	19519
in a joint-county district may submit a resolution requesting	19520
withdrawal from the district together with a comprehensive plan or	19521
plans that are in compliance with rules adopted by the director of	19522
~~mental health~~mental health and addiction services under ~~section~~	19523
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	19524
~~the department of alcohol and drug addiction services under~~	19525
~~section 3793.05 of the Revised Code~~, and that provide for the	19526
equitable adjustment and division of all services, assets,	19527
property, debts, and obligations, if any, of the joint-county	19528
district to the board of alcohol, drug addiction, and mental	19529
health services, to the boards of county commissioners of each	19530
county in the district, and to the directors. No county	19531
participating in a joint-county service district may withdraw from	19532
the district without the consent of the ~~directors~~director of	19533
~~mental health and alcohol and drug addiction services~~mental	19534
health and addiction services nor earlier than one year after the	19535
submission of such resolution unless all of the participating	19536
counties agree to an earlier withdrawal. Any county withdrawing	19537
from a joint-county district shall continue to have levied against	19538
its tax list and duplicate any tax levied by the district during	19539
the period in which the county was a member of the district until	19540
such time as the levy expires or is renewed or replaced.	19541

Sec. 340.011. (A) This chapter shall be interpreted to	19542
accomplish all of the following:	19543

(1) Establish a unified system of treatment for mentally ill	19544
persons and persons with addictions;	19545

(2) Establish a community support system available for every	19546
alcohol, drug addiction, and mental health service district;	19547

(3) Protect the personal liberty of mentally ill persons so	19548
that they may be treated in the least restrictive environment;	19549

(4) Encourage the development of high quality, cost	19550
effective, and comprehensive services, including culturally	19551
sensitive services;	19552

(5) Foster the development of comprehensive community mental	19553
health services, based on recognized local needs, especially for	19554
severely mentally disabled children, adolescents, and adults;	19555

(6) Ensure that services provided meet minimum standards	19556
established by the director of ~~mental health or the department of~~	19557
~~alcohol and drug addiction services~~mental health and addiction	19558
services;	19559

(7) Promote the delivery of high quality and cost-effective	19560
~~alcohol and drug~~ addiction and mental health services;	19561

(8) Promote the participation of ~~consumers of~~persons	19562
receiving mental health services and ~~alcohol and drug~~ addiction	19563
services in the planning, delivery, and evaluation of these	19564
services.	19565

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	19566
Revised Code shall be construed as requiring a board of county	19567
commissioners to provide resources beyond the total amount set	19568
forth in a ~~community~~budget and statement of services to be	19569
provided by the alcohol, drug addiction, and mental health ~~plan~~	19570
services board, as developed and submitted under section ~~340.03~~	19571
340.08 of the Revised Code~~, to provide the services listed in~~	19572
~~section 340.09 of the Revised Code, and nothing in those chapters~~	19573
~~shall be construed as requiring a board of county commissioners to~~	19574
~~provide resources beyond the total amount set forth in a plan for~~	19575
~~alcohol and drug addiction services, prepared and submitted in~~	19576
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	19577
~~to provide alcohol and drug addiction services~~.	19578

Sec. 340.02. ~~As used in this section, "mental health~~	19579
~~professional" means a person who is qualified to work with~~	19580
~~mentally ill persons, pursuant to standards established by the~~	19581
~~director of mental health under section 5119.611 of the Revised~~	19582
~~Code.~~	19583

(A) For each alcohol, drug addiction, and mental health	19584
service district, there shall be appointed a board of alcohol,	19585
drug addiction, and mental health services consisting of eighteen	19586
members or fourteen members, at the election of the board. Not	19587
later than January 1, 2014, each board of alcohol, drug addiction,	19588
and mental health services shall notify the department of mental	19589
health and addiction services of its election to continue to	19590
operate as an eighteen-member board or to transition to operation	19591
as a fourteen-member board. The election shall be final. Failure	19592
to provide notice of its election to the department on or before	19593
January 1, 2014, shall constitute an election to continue to	19594
operate as an eighteen-member board. If an existing board provides	19595
timely notice of its election to transition to operate as a	19596
fourteen-member board, the number of board members may decline	19597
from eighteen to fourteen by attrition as current members' terms	19598
expire. However, the composition of the board must reflect the	19599
requirements set forth in this section for fourteen-member boards.	19600
~~Nine~~For all boards, half of the members shall be interested in	19601
mental health ~~programs and facilities~~services and ~~nine other~~	19602
half of the members shall be interested in alcohol or, drug, or	19603
gambling addiction ~~programs~~services. All members shall be	19604
residents of the service district. The membership shall, as nearly	19605
as possible, reflect the composition of the population of the	19606
service district as to race and sex.	19607

~~The~~(B) For boards operating as eighteen-member boards, the	19608
director of ~~mental health~~mental health and addiction services	19609
shall appoint ~~four~~eight members of the board~~, the director of~~	19610
~~alcohol and drug addiction services shall appoint four members,~~	19611
and the board of county commissioners shall appoint ten members.	19612
For boards operating as fourteen-member boards, the director of	19613
mental health and addiction services shall appoint six members of	19614
the board and the board of county commissioners shall appoint	19615
eight members. In a joint-county district, the county	19616
commissioners of each participating county shall appoint members	19617
in as nearly as possible the same proportion as that county's	19618
population bears to the total population of the district, except	19619
that at least one member shall be appointed from each	19620
participating county.	19621

(C) The director of ~~mental health~~mental health and addiction	19622
services shall ensure that at least one member of the board is a	19623
~~psychiatrist and one member of the board is a mental health~~	19624
~~professional. If the appointment of a psychiatrist is not~~	19625
~~possible, as determined under rules adopted by the director, a~~	19626
~~licensed physician may be appointed in place of the psychiatrist.~~	19627
~~If the appointment of a licensed physician is not possible, the~~	19628
~~director of mental health may waive the requirement that the~~	19629
~~psychiatrist or licensed physician be a resident of the service~~	19630
~~district and appoint a psychiatrist or licensed physician from a~~	19631
~~contiguous county. The director of mental health shall ensure that~~	19632
clinician with experience in the delivery of mental health	19633
services, at least one member of the board is a person who has	19634
received or is receiving mental health services paid for by public	19635
funds ~~and~~, at least one member of the board is a parent or other	19636
relative of such a person.	19637

~~The director of alcohol and drug addiction services shall~~	19638
~~ensure that at least one member of the board is a professional in~~	19639
~~the field of alcohol or drug addiction services and one member of~~	19640
~~the board is an advocate for persons receiving treatment for~~	19641
~~alcohol or drug addiction. Of the members appointed by the~~	19642
~~director of alcohol and drug addiction services~~, at least one	19643
member of the board is a clinician with experience in the delivery	19644
of addiction services, at least one ~~shall be~~member of the board	19645
is a person who has received or is receiving ~~services for alcohol~~	19646
~~or drug~~ addiction services paid for by public funds, and at least	19647
one ~~shall be~~member of the board is a parent or other relative of	19648
such a person. A single member who meets both qualifications may	19649
fulfill the requirement for a clinician with experience in the	19650
delivery of mental health services and a clinician with experience	19651
in the delivery of addiction services.	19652

(D) No member or employee of a board of alcohol, drug	19653
addiction, and mental health services shall serve as a member of	19654
the board of any ~~agency~~provider with which the board of alcohol,	19655
drug addiction, and mental health services has entered into a	19656
contract for the provision of services or facilities. No member of	19657
a board of alcohol, drug addiction, and mental health services	19658
shall be an employee of any ~~agency~~provider with which the board	19659
has entered into a contract for the provision of services or	19660
facilities~~, unless the board member's employment duties with the~~	19661
~~agency consist of providing, only outside the district the board~~	19662
~~serves, services for which the medicaid program pays~~. No person	19663
shall be an employee of a board and such ~~an agency~~a provider	19664
unless the board and ~~agency~~provider both agree in writing.	19665

(E) No person shall serve as a member of the board of	19666
alcohol, drug addiction, and mental health services whose spouse,	19667
child, parent, brother, sister, grandchild, stepparent, stepchild,	19668
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	19669
daughter-in-law, brother-in-law, or sister-in-law serves as a	19670
member of the board of any ~~agency~~provider with which the board of	19671
alcohol, drug addiction, and mental health services has entered	19672
into a contract for the provision of services or facilities. No	19673
person shall serve as a member or employee of the board whose	19674
spouse, child, parent, brother, sister, stepparent, stepchild,	19675
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	19676
daughter-in-law, brother-in-law, or sister-in-law serves as a	19677
county commissioner of a county or counties in the alcohol, drug	19678
addiction, and mental health service district.	19679

(F) Each year each board member shall attend at least one	19680
inservice training session provided or approved by the department	19681
of ~~mental health or the department of alcohol and drug addiction~~	19682
~~services~~mental health and addiction services. ~~Such training~~	19683
~~sessions shall not be considered to be regularly scheduled~~	19684
~~meetings of the board.~~	19685

~~Each~~(G) For boards operating as eighteen-member boards, each	19686
member shall be appointed for a term of four years, commencing the	19687
first day of July, except that one-third of initial appointments	19688
to a newly established board, and to the extent possible to	19689
expanded boards, shall be for terms of two years, one-third of	19690
initial appointments shall be for terms of three years, and	19691
one-third of initial appointments shall be for terms of four	19692
years. For boards operating as fourteen-member boards, each member	19693
shall be appointed for a term of four years, commencing the first	19694
day of July, except that four of the initial appointments to a	19695
newly established board, and to the extent possible to expanded	19696
boards, shall be for terms of two years, five initial appointments	19697
shall be for terms of three years, and five initial appointments	19698
shall be for terms of four years. No member shall serve more than	19699
two consecutive four-year terms under the same appointing	19700
authority. A member may serve for three consecutive terms under	19701
the same appointing authority only if one of the terms is for less	19702
than two years. A member who has served two consecutive four-year	19703
terms or three consecutive terms totaling less than ten years is	19704
eligible for reappointment by the same appointing authority one	19705
year following the end of the second or third term, respectively.	19706

When a vacancy occurs, appointment for the expired or	19707
unexpired term shall be made in the same manner as an original	19708
appointment. The appointing authority shall be notified by	19709
certified mail of any vacancy and shall fill the vacancy within	19710
sixty days following that notice.	19711

Any member of the board may be removed from office by the	19712
appointing authority for neglect of duty, misconduct, or	19713
malfeasance in office, and shall be removed by the appointing	19714
authority if the member is barred by this section from serving as	19715
a board member. The member shall be informed in writing of the	19716
charges and afforded an opportunity for a hearing. Upon the	19717
absence of a member within one year from either four board	19718
meetings or from two board meetings without prior notice, the	19719
board shall notify the appointing authority, which may vacate the	19720
appointment and appoint another person to complete the member's	19721
term.	19722

Members of the board shall serve without compensation, but	19723
shall be reimbursed for actual and necessary expenses incurred in	19724
the performance of their official duties, as defined by rules of	19725
the ~~departments~~department of ~~mental health and alcohol and drug~~	19726
~~addiction services~~mental health and addiction services.	19727

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	19728
health service district ~~comprised of a county with a population of~~	19729
~~two hundred fifty thousand or more on October 10, 1989, the board~~	19730
~~of county commissioners shall, within thirty days of October 10,~~	19731
~~1989, establish an alcohol and drug addiction services board as~~	19732
~~the entity responsible for providing alcohol and drug addiction~~	19733
~~services in the county, unless, prior to that date, the board~~	19734
~~adopts a resolution providing that the entity responsible for~~	19735
~~providing the services is a board of alcohol, drug addiction, and~~	19736
~~mental health services. If~~where the board of county commissioners	19737
~~establishes~~has established an alcohol and drug addiction services	19738
board, the community mental health board established under former	19739
section 340.02 of the Revised Code shall serve as the entity	19740
responsible for providing mental health services in the county. A	19741
community mental health board has all the powers, duties, and	19742
obligations of a board of alcohol, drug addiction, and mental	19743
health services with regard to mental health services. An alcohol	19744
and drug addiction services board has all the powers, duties, and	19745
obligations of a board of alcohol, drug addiction, and mental	19746
health services with regard to ~~alcohol and drug~~ addiction	19747
services. Any provision of the Revised Code that refers to a board	19748
of alcohol, drug addiction, and mental health services with regard	19749
to mental health services also refers to a community mental health	19750
board and any provision that refers to a board of alcohol, drug	19751
addiction, and mental health services with regard to alcohol and	19752
drug addiction services also refers to an alcohol and drug	19753
addiction services board.	19754

An alcohol and drug addiction services board shall consist of	19755
eighteen members or fourteen members, ~~six of whom~~at the election	19756
of the board. Not later than January 1, 2014, each alcohol and	19757
drug addiction services board shall notify the department of	19758
mental health and addiction services of its election to operate as	19759
an eighteen-member board or to operate as a fourteen-member board.	19760
The election shall be final. Failure to provide notice of its	19761
election to the department on or before January 1, 2014, shall	19762
constitute an election to continue to operate as an	19763
eighteen-member board. If an existing board provides timely notice	19764
of its election to operate as a fourteen-member board, the number	19765
of board members may decline from eighteen to fourteen by	19766
attrition as current members' terms expire. However, the	19767
composition of the board must reflect the requirements set forth	19768
in this section and in applicable provisions of section 340.02 of	19769
the Revised Code for fourteen-member boards. For boards operating	19770
as eighteen-member boards, eight members shall be appointed by the	19771
director of ~~alcohol and drug addiction services~~mental health and	19772
addiction services and ~~twelve of whom~~ten members shall be	19773
appointed by the board of county commissioners. ~~Of the members~~	19774
~~appointed by the~~The director~~, one shall be~~of mental health and	19775
addiction services shall ensure that at least one member of the	19776
board is a person who has received or is receiving services for	19777
alcohol or, drug, or gambling addiction, at least one ~~shall be~~	19778
member is a parent or relative of such a person, and at least one	19779
~~shall be~~member is a ~~professional in the field of alcohol or drug~~	19780
clinician with experience in the delivery of addiction services,	19781
~~and one shall be an advocate for persons receiving treatment for~~	19782
~~alcohol or drug addiction~~. The membership of the board shall, as	19783
nearly as possible, reflect the composition of the population of	19784
the service district as to race and sex. Members shall be	19785
residents of the service district and shall be interested in	19786
alcohol ~~and~~, drug, or gambling addiction services. Requirements	19787
for membership, including prohibitions against certain family and	19788
business relationships, and terms of office shall be the same as	19789
those for members of boards of alcohol, drug addiction, and mental	19790
health services.	19791

A community mental health board shall consist of eighteen	19792
members or fourteen members, at the election of the board. Not	19793
later than January 1, 2014, each community mental health board	19794
shall notify the department of mental health and addiction	19795
services of its election to operate as an eighteen-member board or	19796
to operate as a fourteen-member board. The election shall be	19797
final. Failure to provide notice of its election to the department	19798
on or before January 1, 2014, shall constitute an election to	19799
continue to operate as an eighteen-member board. If an existing	19800
board provides timely notice of its election to operate as a	19801
fourteen-member board, the number of board members may decline	19802
from eighteen to fourteen by attrition as current members' terms	19803
expire. However, the composition of the board must reflect the	19804
requirements set forth in this section and in applicable	19805
provisions of section 340.02 of the Revised Code for	19806
fourteen-member boards. For boards operating as eighteen-member	19807
boards, ~~six of whom~~eight members shall be appointed by the	19808
director of ~~mental health~~mental health and addiction services and	19809
~~twelve of whom~~ten members shall be appointed by the board of	19810
county commissioners. ~~Of the members appointed by the~~The	19811
director~~, one shall be~~of mental health and addiction services	19812
shall ensure that at least one member of the board is a person who	19813
has received or is receiving mental health services, at least one	19814
~~shall be~~member is a parent or relative of such a person, and at	19815
least one ~~shall be~~member is a ~~psychiatrist or a physician, and~~	19816
~~one shall be a~~clinician with experience in the delivery of	19817
mental health ~~professional~~services. The membership of the board	19818
as nearly as possible shall reflect the composition of the	19819
population of the service district as to race and sex. Members	19820
shall be residents of the service district and shall be interested	19821
in mental health services. Requirements for membership, including	19822
prohibitions against certain family and business relationships,	19823
and terms of office shall be the same as those for members of	19824
boards of alcohol, drug addiction, and mental health services.	19825

(B) ~~If a board of county commissioners subject to division~~	19826
~~(A) of this section did not adopt a resolution providing for a~~	19827
~~board of alcohol, drug addiction, and mental health services, the~~	19828
~~board of county commissioners may establish such a board in~~	19829
~~accordance with the following procedures:~~	19830

~~(1) Not later than January 1, 2007, the board of county~~	19831
~~commissioners shall adopt a resolution expressing its intent to~~	19832
~~establish a board of alcohol, drug addiction, and mental health~~	19833
~~services.~~	19834

~~(2) After adopting a resolution under division (B)(1) of this~~	19835
~~section, the board of county commissioners shall instruct the~~	19836
~~county's community mental health board and alcohol and drug~~	19837
~~addiction services board to prepare a report on the feasibility,~~	19838
~~process, and proposed plan to establish a board of alcohol, drug~~	19839
~~addiction, and mental health services. The board of county~~	19840
~~commissioners shall specify the date by which the report must be~~	19841
~~submitted to the board for its review.~~	19842

~~(3) After reviewing the report prepared under division (B)(2)~~	19843
~~of this section, the board may adopt a final resolution~~	19844
~~establishing a board of alcohol, drug addiction, and mental health~~	19845
~~services. A final resolution establishing such a board shall be~~	19846
~~adopted not later than July 1, 2007.~~	19847

~~(C)~~(1) If a board of county commissioners subject to division	19848
(A) of this section did not adopt a final resolution providing for	19849
a board of alcohol, drug addiction, and mental health services ~~and~~	19850
~~did not establish such a board under division (B) of this section~~	19851
on or before July 1, 2007, the board of county commissioners may	19852
establish a board of alcohol, drug addiction, and mental health	19853
services on or after the effective date of this amendment. To	19854
establish the board, the board of county commissioners shall adopt	19855
a resolution providing for the board's establishment. The	19856
composition of the board, the procedures for appointing members,	19857
and all other matters related to the board and its members are	19858
subject to section 340.02 of the Revised Code, with the following	19859
exceptions:	19860

(a) For initial appointments to the board, the county's	19861
community mental health board and alcohol and drug addiction	19862
services board shall jointly recommend members of those boards for	19863
reappointment and shall submit the recommendations to the board of	19864
county commissioners~~, director of mental health,~~ and the director	19865
of ~~alcohol and drug addiction services~~mental health and addiction	19866
services.	19867

(b) To the greatest extent possible, the appointing	19868
authorities shall appoint the initial members from among the	19869
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	19870
section.	19871

(2) If a board of alcohol, drug addiction, and mental health	19872
services is established pursuant to division ~~(C)~~(B)(1) of this	19873
section, the board has the same rights, privileges, immunities,	19874
powers, and duties that were possessed by the county's community	19875
mental health board and alcohol and drug addiction services board.	19876
When the board is established, all property and obligations of the	19877
community mental health board and alcohol and drug addiction	19878
services board shall be transferred to the board of alcohol, drug	19879
addiction, and mental health services.	19880

Sec. 340.03. (A) Subject to rules issued by the director of	19881
~~mental health~~mental health and addiction services after	19882
consultation with relevant constituencies as required by division	19883
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	19884
~~regard to mental health services,~~ the board of alcohol, drug	19885
addiction, and mental health services shall:	19886

(1) Serve as the community addiction and mental health	19887
services planning agency for the county or counties under its	19888
jurisdiction, and in so doing it shall:	19889

(a) Evaluate the need for facilities and community addiction	19890
and mental health services;	19891

(b) In cooperation with other local and regional planning and	19892
funding bodies and with relevant ethnic organizations, assess the	19893
community addiction and mental health needs, evaluate strengths	19894
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	19895
~~operation of facilities and~~ community addiction and mental health	19896
services, including treatment and prevention. When the board sets	19897
priorities for the operation of addiction services, the board	19898
shall consult with the county commissioners of the counties in the	19899
board's service district regarding the services described in	19900
section 340.15 of the Revised Code and shall give priority to	19901
those services, except that those services shall not have a	19902
priority over services provided to pregnant women under programs	19903
developed in relation to the mandate established in section	19904
5119.17 of the Revised Code;	19905

(c) In accordance with guidelines issued by the director of	19906
~~mental health~~mental health and addiction services after	19907
consultation with board representatives, annually develop and	19908
submit to the department of ~~mental health~~mental health and	19909
addiction services a community addiction and mental health	19910
services plan listing community addiction and mental health	19911
services needs, including the needs of all residents of the	19912
district ~~now residing in state mental institutions and severely~~	19913
~~mentally disabled adults, children, and adolescents;~~currently	19914
receiving inpatient services in state-operated hospitals, the	19915
needs of other populations as required by state or federal law or	19916
programs, the needs of all children subject to a determination	19917
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	19918
priorities for facilities and community addiction and mental	19919
health services ~~that are or will be in operation or provided~~	19920
during the period for which the plan will be in ~~operation in the~~	19921
~~service district to meet such needs~~effect.	19922

In alcohol, drug addiction, and mental health service	19923
districts that have separate alcohol and drug addiction services	19924
and community mental health boards, the alcohol and drug addiction	19925
services board shall submit a community addiction services plan	19926
and the community mental health board shall submit a community	19927
mental health services plan. Each board shall consult with its	19928
counterpart in developing its plan and address the interaction	19929
between the local addiction services and mental health services	19930
systems and populations with regard to needs and priorities in	19931
developing its plan.	19932

~~The plan shall include, but not be limited to, a statement of~~	19933
~~which of the services listed in section 340.09 of the Revised Code~~	19934
~~the board intends to make available. The board must include crisis~~	19935
~~intervention services for individuals in an emergency situation in~~	19936
~~the plan and explain how the board intends to make such services~~	19937
~~available. The plan must also include a statement of the inpatient~~	19938
~~and community-based services the board proposes that the~~	19939
~~department operate, an assessment of the number and types of~~	19940
~~residential facilities needed, such other information as the~~	19941
~~department requests, and a budget for moneys the board expects to~~	19942
~~receive.~~ The department shall approve or disapprove the plan, in	19943
whole or in part, according to the criteria developed pursuant to	19944
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	19945
~~statement of approval or disapproval shall specify the inpatient~~	19946
~~and the community-based services that the department will operate~~	19947
~~for the board.~~ Eligibility for state and federal funding shall be	19948
contingent upon an approved plan or relevant part of a plan.	19949

If a board determines that it is necessary to amend a plan or	19950
~~an allocation request~~ that has been approved under this division	19951
~~(A)(1)(c) of this section~~, the board shall submit a proposed	19952
amendment to the director. The director may approve or disapprove	19953
all or part of the amendment. The director shall inform the board	19954
of the reasons for disapproval of all or part of an amendment and	19955
of the criteria that must be met before the amendment may be	19956
approved. The director shall provide the board an opportunity to	19957
present its case on behalf of the amendment. The director shall	19958
give the board a reasonable time in which to meet the criteria,	19959
and shall offer the board technical assistance to help it meet the	19960
criteria.	19961

The board shall ~~implement~~operate in accordance with the plan	19962
approved by the department.	19963

(d) Promote, arrange, and implement working agreements with	19964
social agencies, both public and private, and with judicial	19965
agencies.	19966

(2) Investigate, or request another agency to investigate,	19967
any complaint alleging abuse or neglect of any person receiving	19968
services from a community addiction or mental health ~~agency as~~	19969
~~defined in section 5122.01 of the Revised Code~~services provider	19970
certified under section 5119.36 of the Revised Code or alleging	19971
abuse or neglect of a ~~person~~resident receiving addiction services	19972
or with mental illness or severe mental disability residing in a	19973
residential facility licensed under section ~~5119.22~~5119.34 of the	19974
Revised Code. If the investigation substantiates the charge of	19975
abuse or neglect, the board shall take whatever action it	19976
determines is necessary to correct the situation, including	19977
notification of the appropriate authorities. Upon request, the	19978
board shall provide information about such investigations to the	19979
department.	19980

(3) For the purpose of section ~~5119.611~~5119.36 of the	19981
Revised Code, cooperate with the director of ~~mental health~~mental	19982
health and addiction services in visiting and evaluating whether	19983
the services of a community addiction or mental health ~~agency~~	19984
services provider satisfy the certification standards established	19985
by rules adopted under that section;	19986

(4) In accordance with criteria established under division	19987
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	19988
program audits that review and evaluate the quality,	19989
effectiveness, and efficiency of services provided through its	19990
community addiction and mental health ~~plan~~contracted services and	19991
submit its findings and recommendations to the department of	19992
~~mental health~~mental health and addiction services;	19993

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	19994
Code, review an application for a residential facility license and	19995
provide to the department of ~~mental health~~mental health and	19996
addiction services any information about the applicant or facility	19997
that the board would like the department to consider in reviewing	19998
the application;	19999

(6) Audit, in accordance with rules adopted by the auditor of	20000
state pursuant to section 117.20 of the Revised Code, at least	20001
annually all ~~programs and~~ services provided under contract with	20002
the board. In so doing, the board may contract for or employ the	20003
services of private auditors. A copy of the fiscal audit report	20004
shall be provided to the director of ~~mental health~~mental health	20005
and addiction services, the auditor of state, and the county	20006
auditor of each county in the board's district.	20007

(7) Recruit and promote local financial support for addiction	20008
and mental health ~~programs~~services from private and public	20009
sources;	20010

(8)(a) Enter into contracts with public and private	20011
facilities for the operation of facility services ~~included in the~~	20012
~~board's community mental health plan~~ and enter into contracts with	20013
public and private community addiction and mental health ~~agencies~~	20014
service providers for the provision of community addiction and	20015
mental health services ~~that are listed in section 340.09 of the~~	20016
~~Revised Code and included in the board's community mental health~~	20017
~~plan~~. The board may not contract with a residential facility	20018
subject to section 5119.34 of the Revised Code unless the facility	20019
is licensed by the director of mental health and addiction	20020
services and may not contract with a community addiction or mental	20021
health ~~agency~~services provider to provide community addiction or	20022
mental health services ~~included in the board's community mental~~	20023
~~health plan~~ unless the services are certified by the director of	20024
~~mental health~~mental health and addiction services under section	20025
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	20026
Revised Code does not apply to contracts entered into under this	20027
division. In contracting with a community addiction or mental	20028
health ~~agency~~services provider, a board shall consider the cost	20029
effectiveness of services provided by that ~~agency~~provider and	20030
the quality and continuity of care, and may review cost elements,	20031
including salary costs, of the services to be provided. A	20032
utilization review process ~~shall~~may be established as part of the	20033
contract for services entered into between a board and a community	20034
addiction or mental health ~~agency~~services provider. The board	20035
may establish this process in a way that is most effective and	20036
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	20037
~~with a community mental health agency or facility, as defined in~~	20038
~~section 5111.023 of the Revised Code, to provide services listed~~	20039
~~in division (B) of that section shall provide for the agency or~~	20040
~~facility to be paid in accordance with the contract entered into~~	20041
~~between the departments of job and family services and mental~~	20042
~~health under section 5111.91 of the Revised Code and any rules~~	20043
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	20044

If either the board or a facility or community addiction or	20045
mental health ~~agency~~services provider with which the board	20046
contracts under this division ~~(A)(8)(a) of this section~~ proposes	20047
not to renew the contract or proposes substantial changes in	20048
contract terms, the other party shall be given written notice at	20049
least one hundred twenty days before the expiration date of the	20050
contract. During the first sixty days of this one hundred	20051
twenty-day period, both parties shall attempt to resolve any	20052
dispute through good faith collaboration and negotiation in order	20053
to continue to provide services to persons in need. If the dispute	20054
has not been resolved sixty days before the expiration date of the	20055
contract, either party may notify the department of ~~mental health~~	20056
mental health and addiction services of the unresolved dispute.	20057
The director may require both parties to submit the dispute to a	20058
third party with the cost to be shared by the board and the	20059
facility or ~~community mental health agency~~provider. The third	20060
party shall issue to the board, the facility or ~~agency~~provider,	20061
and the department recommendations on how the dispute may be	20062
resolved twenty days prior to the expiration date of the contract,	20063
unless both parties agree to a time extension. The director shall	20064
adopt rules establishing the procedures of this dispute resolution	20065
process.	20066

(b) With the prior approval of the director of ~~mental health~~	20067
mental health and addiction services, a board may operate a	20068
facility or provide a community addiction or mental health service	20069
as follows, if there is no other qualified private or public	20070
facility or community addiction or mental health ~~agency~~services	20071
provider that is immediately available and willing to operate such	20072
a facility or provide the service:	20073

(i) In an emergency situation, any board may operate a	20074
facility or provide a community addiction or mental health service	20075
in order to provide essential services for the duration of the	20076
emergency;	20077

(ii) In a service district with a population of at least one	20078
hundred thousand but less than five hundred thousand, a board may	20079
operate a facility or provide a community addiction or mental	20080
health service for no longer than one year;	20081

(iii) In a service district with a population of less than	20082
one hundred thousand, a board may operate a facility or provide a	20083
community addiction or mental health service for no longer than	20084
one year, except that such a board may operate a facility or	20085
provide a community addiction or mental health service for more	20086
than one year with the prior approval of the director and the	20087
prior approval of the board of county commissioners, or of a	20088
majority of the boards of county commissioners if the district is	20089
a joint-county district.	20090

The director shall not give a board approval to operate a	20091
facility or provide a community addiction or mental health service	20092
under division (A)(8)(b)(ii) or (iii) of this section unless the	20093
director determines that it is not feasible to have the department	20094
operate the facility or provide the service.	20095

The director shall not give a board approval to operate a	20096
facility or provide a community addiction or mental health service	20097
under division (A)(8)(b)(iii) of this section unless the director	20098
determines that the board will provide greater administrative	20099
efficiency and more or better services than would be available if	20100
the board contracted with a private or public facility or	20101
community addiction or mental health ~~agency~~services provider.	20102

The director shall not give a board approval to operate a	20103
facility previously operated by a person or other government	20104
entity unless the board has established to the director's	20105
satisfaction that the person or other government entity cannot	20106
effectively operate the facility or that the person or other	20107
government entity has requested the board to take over operation	20108
of the facility. The director shall not give a board approval to	20109
provide a community addiction or mental health service previously	20110
provided by a community addiction or mental health ~~agency~~services	20111
provider unless the board has established to the director's	20112
satisfaction that the ~~agency~~provider cannot effectively provide	20113
the service or that the ~~agency~~provider has requested the board	20114
take over providing the service.	20115

The director shall review and evaluate a board's operation of	20116
a facility and provision of community addiction or mental health	20117
service under division (A)(8)(b) of this section.	20118

Nothing in division (A)(8)(b) of this section authorizes a	20119
board to administer or direct the daily operation of any facility	20120
or community addiction or mental health ~~agency~~services provider,	20121
but a facility or ~~agency~~provider may contract with a board to	20122
receive administrative services or staff direction from the board	20123
under the direction of the governing body of the facility or	20124
~~agency~~provider.	20125

(9) Approve fee schedules and related charges or adopt a unit	20126
cost schedule or other methods of payment for contract services	20127
provided by community addiction or mental health ~~agencies~~services	20128
providers in accordance with guidelines issued by the department	20129
as necessary to comply with state and federal laws pertaining to	20130
financial assistance;	20131

(10) Submit to the director and the county commissioners of	20132
the county or counties served by the board, and make available to	20133
the public, an annual report of the ~~programs~~services under the	20134
jurisdiction of the board, including a fiscal accounting;	20135

(11) Establish, to the extent resources are available, a	20136
~~community support system~~continuum of care, which provides for	20137
prevention, treatment, support, and rehabilitation services and	20138
opportunities. The essential elements of the ~~system~~continuum	20139
include, but are not limited to, the following components in	20140
accordance with section ~~5119.06~~5119.21 of the Revised Code:	20141

(a) To locate persons in need of addiction or mental health	20142
services to inform them of available services and benefits	20143
~~mechanisms~~;	20144

(b) Assistance for ~~clients~~persons receiving services to	20145
obtain services necessary to meet basic human needs for food,	20146
clothing, shelter, medical care, personal safety, and income;	20147

(c) ~~Mental~~Addiction and mental health ~~care~~services,	20148
including, but not limited to, outpatient, residential, partial	20149
hospitalization, and, where appropriate, inpatient care;	20150

(d) Emergency services and crisis intervention;

20151

(e) Assistance for ~~clients~~persons receiving services to	20152
obtain vocational services and opportunities for jobs;	20153

(f) The provision of services designed to develop social,	20154
community, and personal living skills;	20155

(g) Access to a wide range of housing and the provision of	20156
residential treatment and support;	20157

(h) Support, assistance, consultation, and education for	20158
families, friends, ~~consumers of~~persons receiving addiction or	20159
mental health services, and others;	20160

(i) Recognition and encouragement of families, friends,	20161
neighborhood networks, especially networks that include racial and	20162
ethnic minorities, churches, community organizations, and	20163
~~meaningful~~community employment as natural supports for ~~consumers~~	20164
ofpersons receiving addiction or mental health services;	20165

(j) Grievance procedures and protection of the rights of	20166
~~consumers of~~persons receiving addiction or mental health	20167
services;	20168

(k) ~~Case management~~Community psychiatric supportive	20169
treatment services, which includes continual individualized	20170
assistance and advocacy to ensure that needed services are offered	20171
and procured.	20172

(12) Establish a method for evaluating referrals for	20173
involuntary commitment and affidavits filed pursuant to section	20174
5122.11 of the Revised Code in order to assist the probate	20175
division of the court of common pleas in determining whether there	20176
is probable cause that a respondent is subject to involuntary	20177
hospitalization and what alternative treatment is available and	20178
appropriate, if any;	20179

(13) Designate the treatment ~~program~~services, ~~agency~~	20180
provider, or facility, or other placement for each person	20181
involuntarily committed to the board pursuant to Chapter 5122. of	20182
the Revised Code ~~and authorize payment for such treatment~~. The	20183
board shall provide the least restrictive and most appropriate	20184
alternative that is available for any person involuntarily	20185
committed to it and shall assure that the listed services ~~listed~~	20186
insubmitted and approved in accordance with division (B) of	20187
section ~~340.09~~340.08 of the Revised Code are available to	20188
severely mentally disabled persons residing within its service	20189
district. The board shall establish the procedure for authorizing	20190
payment for services, which may include prior authorization in	20191
appropriate circumstances. The board may provide for services	20192
directly to a severely mentally disabled person when life or	20193
safety is endangered and when no community mental health ~~agency~~	20194
services provider is available to provide the service.	20195

~~(13) Establish a method for evaluating referrals for~~	20196
~~involuntary commitment and affidavits filed pursuant to section~~	20197
~~5122.11 of the Revised Code in order to assist the probate~~	20198
~~division of the court of common pleas in determining whether there~~	20199
~~is probable cause that a respondent is subject to involuntary~~	20200
~~hospitalization and what alternative treatment is available and~~	20201
~~appropriate, if any;~~	20202

(14) Ensure that apartments or rooms built, subsidized,	20203
renovated, rented, owned, or leased by the board or a community	20204
addiction or mental health ~~agency~~services provider have been	20205
approved as meeting minimum fire safety standards and that persons	20206
residing in the rooms or apartments are receiving appropriate and	20207
necessary services, including culturally relevant services, from a	20208
community addiction or mental health ~~agency~~services provider.	20209
This division does not apply to residential facilities licensed	20210
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	20211

(15) Establish a mechanism for obtaining advice and	20212
involvement of ~~consumer recommendation and advice~~persons	20213
receiving publicly funded addiction or mental health services on	20214
matters pertaining to addiction and mental health services in the	20215
alcohol, drug addiction, and mental health service district;	20216

(16) Perform the duties required by rules adopted under	20217
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	20218
the board or mental health ~~agencies~~services providers under	20219
contract with the board of individuals with mental illness or	20220
severe mental disability to residential facilities as defined in	20221
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	20222
Code and effective arrangements for ongoing mental health services	20223
for the individuals. The board is accountable in the manner	20224
specified in the rules for ensuring that the ongoing mental health	20225
services are effectively arranged for the individuals.	20226

(B) The board shall establish such rules, operating	20227
procedures, standards, and bylaws, and perform such other duties	20228
as may be necessary or proper to carry out the purposes of this	20229
chapter.	20230

(C) A board of alcohol, drug addiction, and mental health	20231
services may receive by gift, grant, devise, or bequest any	20232
moneys, lands, or property for the benefit of the purposes for	20233
which the board is established, and may hold and apply it	20234
according to the terms of the gift, grant, or bequest. All money	20235
received, including accrued interest, by gift, grant, or bequest	20236
shall be deposited in the treasury of the county, the treasurer of	20237
which is custodian of the alcohol, drug addiction, and mental	20238
health services funds to the credit of the board and shall be	20239
available for use by the board for purposes stated by the donor or	20240
grantor.	20241

(D) No board member or employee of a board of alcohol, drug	20242
addiction, and mental health services shall be liable for injury	20243
or damages caused by any action or inaction taken within the scope	20244
of the board member's official duties or the employee's	20245
employment, whether or not such action or inaction is expressly	20246
authorized by this section~~, section 340.033,~~ or any other section	20247
of the Revised Code, unless such action or inaction constitutes	20248
willful or wanton misconduct. Chapter 2744. of the Revised Code	20249
applies to any action or inaction by a board member or employee of	20250
a board taken within the scope of the board member's official	20251
duties or employee's employment. For the purposes of this	20252
division, the conduct of a board member or employee shall not be	20253
considered willful or wanton misconduct if the board member or	20254
employee acted in good faith and in a manner that the board member	20255
or employee reasonably believed was in or was not opposed to the	20256
best interests of the board and, with respect to any criminal	20257
action or proceeding, had no reasonable cause to believe the	20258
conduct was unlawful.	20259

(E) The meetings held by any committee established by a board	20260
of alcohol, drug addiction, and mental health services shall be	20261
considered to be meetings of a public body subject to section	20262
121.22 of the Revised Code.	20263

Sec. 340.031. A board of alcohol, drug addiction, and mental	20264
health services may:	20265

(A) Inspect any residential facility licensed under section	20266
~~5119.22~~5119.34 of the Revised Code and located in its district,	20267
~~pursuant to a contract with the department of mental health~~;	20268

(B) Acquire, convey, lease, or enter into a contract to	20269
purchase, lease, or sell property for community addiction and	20270
mental health ~~and alcohol and drug addiction~~ services and related	20271
purposes, and enter into loan agreements, including mortgages, for	20272
the acquisition of such property.	20273

Sec. 340.032. The board of alcohol, drug addiction, and	20274
mental health services shall employ a qualified mental health or	20275
~~alcohol or drug~~ addiction services professional with experience in	20276
administration or a professional administrator with experience in	20277
mental health or ~~alcohol or drug~~ addiction services to serve as	20278
executive director of the board and shall prescribe the director's	20279
duties.	20280

The board shall fix the compensation of the executive	20281
director. In addition to such compensation, the director shall be	20282
reimbursed for actual and necessary expenses incurred in the	20283
performance of ~~his~~the director's official duties. The board, by	20284
majority vote of the full membership, may remove the director for	20285
cause, upon written charges, after an opportunity has been	20286
afforded ~~him~~the director for a hearing before the board on	20287
request.	20288

The board may delegate to its executive director the	20289
authority to act in its behalf in the performance of its	20290
administrative duties.	20291

As used in this section, "mental health professional" and	20292
"addiction services professional" mean an individual who is	20293
qualified to work with mentally ill persons or persons receiving	20294
addiction services, pursuant to standards established by the	20295
director of mental health and addiction services under Chapter	20296
5119. of the Revised Code.	20297

Sec. 340.04. In addition to such other duties as may be	20298
lawfully imposed, the executive director of a board of alcohol,	20299
drug addiction, and mental health services shall:	20300

(A) Serve as executive officer of the board and subject to	20301
the prior approval of the board for each contract, execute	20302
contracts on its behalf;	20303

(B) Supervise services and facilities provided, operated,	20304
contracted, or supported by the board to the extent of determining	20305
that ~~programs~~services and facilities are being administered in	20306
conformity with this chapter and rules of the director of ~~mental~~	20307
~~health and the department of~~ ~~alcohol and drug addiction services~~	20308
mental health and addiction services;	20309

(C) Provide consultation to ~~agencies, associations, or~~	20310
~~individuals~~addiction and mental health services providers	20311
providing services supported by the board;	20312

(D) Recommend to the board the changes necessary to increase	20313
the effectiveness of addiction and mental health services ~~and~~	20314
~~alcohol and drug addiction services~~ and other matters necessary or	20315
desirable to carry out this chapter;	20316

(E) Employ and remove from office such employees and	20317
consultants in the classified civil service and, subject to the	20318
approval of the board, employ and remove from office such other	20319
employees and consultants as may be necessary for the work of the	20320
board, and fix their compensation and reimbursement within the	20321
limits set by the salary schedule and the budget approved by the	20322
board;	20323

(F) Encourage the development and expansion of preventive,	20324
treatment, rehabilitative, and consultative ~~programs~~services in	20325
the field of addiction and mental health services with emphasis on	20326
continuity of care;	20327

(G) Prepare for board approval an annual report of the	20328
~~programs~~services and facilities under the jurisdiction of the	20329
board, including a fiscal accounting of all services;	20330

(H) Conduct such studies as may be necessary and practicable	20331
for the promotion of mental health, promotion of addiction	20332
services, and the prevention of mental illness, emotional	20333
disorders, and addiction ~~to alcohol and drugs~~;	20334

(I) Authorize the county auditor, or in a joint-county	20335
district the county auditor designated as the auditor for the	20336
district, to issue warrants for the payment of board obligations	20337
approved by the board, provided that all payments are in	20338
accordance with the ~~comprehensive community mental health plan~~	20339
budget submitted pursuant to section 340.08 of the Revised Code,	20340
as approved by the department of ~~mental health, or with the~~	20341
~~alcohol and drug addiction services plan as approved by the~~	20342
~~department of alcohol and drug addiction services~~mental health	20343
and addiction services.	20344

Sec. 340.05. A community addiction or mental health ~~agency~~	20345
services provider that receives a complaint alleging abuse or	20346
neglect of an individual with mental illness or severe mental	20347
disability, or an individual receiving addiction services, who	20348
resides in a residential facility as defined in division (A)(9)(b)	20349
of section ~~5119.22~~5119.34 of the Revised Code shall report the	20350
complaint to the board of alcohol, drug addiction, and mental	20351
health services serving the alcohol, drug addiction, and mental	20352
health service district in which the residential facility is	20353
located. A board of alcohol, drug addiction, and mental health	20354
services that receives such a complaint or a report from a	20355
community addiction or mental health ~~agency~~services provider of	20356
such a complaint shall report the complaint to the director of	20357
~~mental health~~mental health and addiction services for the	20358
purpose of the director conducting an investigation under section	20359
~~5119.22~~5119.34 of the Revised Code. The board may enter the	20360
facility with or without the director and, if the health and	20361
safety of a resident is in immediate danger, take any necessary	20362
action to protect the resident. The board's action shall not	20363
violate any resident's rights specified in rules adopted by the	20364
department of ~~mental health~~mental health and addiction services	20365
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	20366
immediately report to the director regarding the board's actions	20367
under this section.	20368

Sec. 340.07. The board of county commissioners of any county	20369
participating in an alcohol, drug addiction, and mental health	20370
service district or joint-county district, upon receipt from the	20371
board of alcohol, drug addition, and mental health services of a	20372
resolution so requesting, may appropriate money to such board for	20373
the operation, lease, acquisition, construction, renovation, and	20374
maintenance of addiction or mental health services~~, programs,~~	20375
providers and facilities ~~for mentally ill and emotionally~~	20376
~~disturbed persons~~ in accordance with the comprehensive community	20377
addiction and mental health ~~plan or for alcohol and drug addiction~~	20378
~~programs in accordance with the alcohol and drug addiction~~	20379
~~services plan~~services budget approved by the department of mental	20380
health and addiction services pursuant to section 340.08 of the	20381
Revised Code.	20382

Sec. 340.08. In accordance with rules or guidelines issued	20383
by the director of mental health and addiction services, each	20384
board of alcohol, drug addiction, and mental health services shall	20385
do all of the following:	20386

(A) Submit to the department a report of receipts and	20387
expenditures for all federal, state, and local moneys the board	20388
expects to receive;	20389

(1) The report shall identify funds the board and public	20390
children services agencies in the board's service district have	20391
available to fund jointly the services described in section 340.15	20392
of the Revised Code.	20393

(2) The board's proposed budget for expenditures of state and	20394
federal funds distributed to the board by the department shall be	20395
deemed an application for funds, and the department shall approve	20396
or disapprove the budget for these expenditures. The department	20397
shall inform the board of the reasons for disapproval of the	20398
budget for the expenditure of state and federal funds and of the	20399
criteria that must be met before the budget may be approved. The	20400
director shall provide the board an opportunity to present its	20401
case on behalf of the submitted budget. The director shall give	20402
the board a reasonable time in which to meet the criteria and	20403
shall offer the board technical assistance to help it meet the	20404
criteria.	20405

If a board determines that it is necessary to amend a budget	20406
that has been approved under this section, the board shall submit	20407
a proposed amendment to the director. The director may approve or	20408
disapprove all or part of the amendment. The director shall inform	20409
the board of the reasons for disapproval of all or part of the	20410
amendment and of the criteria that must be met before the	20411
amendment may be approved. The director shall provide the board an	20412
opportunity to present its case on behalf of the amendment. The	20413
director shall give the board a reasonable time in which to meet	20414
the criteria and shall offer the board technical assistance to	20415
help it meet the criteria.	20416

(3) The director of mental health and addiction services, in	20417
whole or in part, may withhold funds otherwise to be allocated to	20418
a board of alcohol, drug addiction, and mental health services	20419
under Chapter 5119. of the Revised Code if the board's use of	20420
state and federal funds fails to comply with the approved budget,	20421
as it may be amended with the approval of the department.	20422

(B) Submit to the department a statement identifying the	20423
services described in section 340.09 of the Revised Code the board	20424
intends to make available. The board shall include crisis	20425
intervention services for individuals in emergency situations and	20426
services required pursuant to section 340.15 of the Revised Code,	20427
and the board shall explain the manner in which the board intends	20428
to make such services available. The list of services shall be	20429
compatible with the budget submitted pursuant to division (A) of	20430
this section. The department shall approve or disapprove the	20431
proposed listing of services to be made available. The department	20432
shall inform the board of the reasons for disapproval of the	20433
listing of proposed services and of the criteria that must be met	20434
before listing of proposed services may be approved. The director	20435
shall provide the board an opportunity to present its case on	20436
behalf of the submitted listing of proposed services. The director	20437
shall give the board a reasonable time in which to meet the	20438
criteria and shall offer the board technical assistance to help it	20439
meet the criteria.	20440

(C) Enter into a continuity of care agreement with the state	20441
institution operated by the department of mental health and	20442
addiction services and designated as the institution serving the	20443
district encompassing the board's service district. The continuity	20444
of care agreement shall outline the department's and the board's	20445
responsibilities to plan for and coordinate with each other to	20446
address the needs of board residents who are patients in the	20447
institution, with an emphasis on managing appropriate hospital bed	20448
day use and discharge planning.	20449

(D) In conjunction with the department of mental health and	20450
addiction services, operate a coordinated system for tracking and	20451
monitoring persons found not guilty by reason of insanity and	20452
committed pursuant to section 2945.40 of the Revised Code who have	20453
been granted a conditional release and persons found incompetent	20454
to stand trial and committed pursuant to section 2945.39 of the	20455
Revised Code who have been granted a conditional release. The	20456
system shall do all of the following:	20457

(1) Centralize responsibility for the tracking of those	20458
persons;	20459

(2) Provide for uniformity in monitoring those persons;

20460

(3) Provide a mechanism to allow prompt rehospitalization,	20461
reinstitutionalization, or detention when a violation of the	20462
conditional release or decompensation occurs.	20463

(E) Submit to the department a report summarizing complaints	20464
and grievances received by the board concerning the rights of	20465
persons seeking or receiving services, investigations of	20466
complaints and grievances, and outcomes of the investigations.	20467

(F) Provide to the department information to be submitted to	20468
the community addiction and mental health information system or	20469
systems established by the department under Chapter 5119. of the	20470
Revised Code.	20471

(G) Annually, and upon any change in membership, submit to	20472
the department a list of all current members of the board of	20473
alcohol, drug addiction, and mental health services, including the	20474
appointing authority for each member, and the member's specific	20475
qualification for appointment pursuant to section 340.02 or	20476
340.021 of the Revised Code, if applicable.	20477

(H) Submit to the department other information as is	20478
reasonably required for purposes of the department's operations,	20479
service evaluation, reporting activities, research, system	20480
administration, and oversight.	20481

Sec. 340.09. (A) The department of ~~mental health~~mental	20482
health and addiction services shall provide assistance to any	20483
county for the operation of boards of alcohol, drug addiction, and	20484
mental health services ~~and~~, the provision of ~~the following~~	20485
services approved by the department within the continuum of care,	20486
and the provision of approved support functions from funds	20487
appropriated for that purpose by the general assembly:.	20488

~~(A) Outpatient;~~

20489

(B) Categories in the continuum of care may include all of	20490
the following:	20491

(1) Inpatient;

20492

~~(C) Partial hospitalization~~(2) Residential;

20493

~~(D) Rehabilitation~~(3) Outpatient treatment;

20494

~~(E)~~(4) Intensive and other supports;

20495

(5) Recovery support;

20496

(6) Prevention and wellness management.

20497

20498

(1) Consultation;

20499

~~(F) Mental health education and other preventive services;~~

20500

~~(G) Emergency;~~

20501

~~(H) Crisis intervention;~~

20502

~~(I)~~(2) Research;

20503

~~(J)~~(3) Administrative;

20504

~~(K)~~(4) Referral and information;

20505

~~(L) Residential;~~

20506

~~(M)~~(5) Training;

20507

~~(N) Substance abuse;~~

20508

~~(O)~~(6) Service and program evaluation;

20509

~~(P) Community support system;~~

20510

~~(Q) Case management;~~

20511

~~(R) Residential housing;~~

20512

~~(S) Other services approved by the board and the director of~~	20513
~~mental health~~.	20514

Sec. 340.091. Each board of alcohol, drug addiction, and	20515
mental health services shall contract with a community mental	20516
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	20517
section 340.03 of the Revised Code for the ~~agency~~provider to do	20518
all of the following in accordance with rules adopted under	20519
section ~~5119.61~~5119.22 of the Revised Code for an individual	20520
referred to the ~~agency~~provider under division (D)(2) of section	20521
~~5119.69~~5119.41 of the Revised Code:	20522

(A) Assess the individual and, if the ~~agency~~provider	20523
determines that the environment in which the individual will be	20524
living while receiving residential state supplement payments is	20525
appropriate for the individual's needs, issue a recommendation to	20526
the referring residential state supplement administrative agency	20527
that the referring agency should conclude that the living	20528
environment is appropriate when it makes its determination	20529
regarding the appropriateness of the environment;	20530

(B) Provide ongoing monitoring to ensure that listed services	20531
~~provided under~~submitted and approved under division (B) of	20532
section ~~340.09~~340.08 of the Revised Code are available to the	20533
individual;	20534

(C) Provide discharge planning to ensure the individual's	20535
earliest possible transition to a less restrictive environment.	20536

Sec. 340.10. The county auditor or, in a joint-county	20537
alcohol, drug addiction, and mental health service district, the	20538
auditor of the county, the treasurer of which has been designated	20539
in the agreement between the counties of the district as custodian	20540
of the community addiction and mental health services funds ~~and~~	20541
~~alcohol and drug addiction services funds~~, is hereby designated as	20542
the auditor and fiscal officer of an alcohol, drug addiction, and	20543
mental health service district or joint-county district. State	20544
funds allocated for the support of a service district shall be	20545
paid to the county treasurer or, in a joint-county district, to	20546
the treasurer of that county designated in the agreement as	20547
custodian of the community addiction and mental health services	20548
funds and authorized to make payments from such funds on order of	20549
the county auditor and on recommendation of the board of alcohol,	20550
drug addiction, and mental health services, or the executive	20551
director of the board when authorized by the board. The auditor	20552
shall submit to the board a detailed monthly statement of all	20553
receipts, disbursements, and ending balances for the community	20554
addiction and mental health services funds.	20555

Sec. 340.11. A board of alcohol, drug addiction, and mental	20556
health services may procure a policy or policies of insurance	20557
insuring board members or employees of the board or ~~agencies~~	20558
providers with which the board contracts against liability arising	20559
from the performance of their official duties. If the liability	20560
insurance is unavailable or the amount a board has procured or is	20561
able to procure is insufficient to cover the amount of a claim,	20562
the board may indemnify a board member or employee as follows:	20563

(A) For any action or inaction in the capacity of board	20564
member or employee or at the request of the board, whether or not	20565
the action or inaction is expressly authorized by this or any	20566
other section of the Revised Code, if both of the following apply:	20567

(1) The board member or employee acted in good faith and in a	20568
manner that the board member or employee reasonably believed was	20569
in or was not opposed to the best interests of the board; ~~and~~	20570

(2) With respect to any criminal action or proceeding, the	20571
board member or employee had no reason to believe the board	20572
member's or employee's conduct was unlawful.	20573

(B) Against any expenses, including attorneys' fees, the	20574
board member or employee actually and reasonably incurs as a	20575
result of a suit or other proceeding involving the defense of any	20576
action or inaction in the capacity of board member or employee or	20577
at the request of the board, or in defense of any claim, issue, or	20578
matter raised in connection with the defense of such an action or	20579
inaction, to the extent that the board member or employee is	20580
successful on the merits or otherwise.	20581

Sec. 340.12. No board of alcohol, drug addiction, and mental	20582
health services or any ~~agency, corporation, or association~~	20583
addiction or mental health services provider under contract with	20584
such a board shall discriminate in the provision of services under	20585
its authority, in employment, or contract on the basis of race,	20586
color, religion, sex, ~~creed~~age, ancestry, national origin,	20587
disability, ~~or national origin~~sexual orientation, military	20588
status, or genetic information.	20589

Each board,and each community addiction or mental health	20590
~~agency, and each alcohol and drug addiction program~~services	20591
provider shall have a written affirmative action program. The	20592
affirmative action program shall include goals for the employment	20593
and effective utilization of, including contracts with, members of	20594
economically disadvantaged groups as defined in division (E)(1) of	20595
section 122.71 of the Revised Code in percentages reflecting as	20596
nearly as possible the composition of the alcohol, drug addiction,	20597
and mental health service district served by the board. Each	20598
board~~, agency,~~ and ~~program~~provider shall file a description of	20599
the affirmative action program and a progress report on its	20600
implementation with the department of ~~mental health or the~~	20601
~~department of alcohol and drug addiction services~~mental health	20602
and addiction services.	20603

Sec. 340.13. (A) As used in this section~~, "minority~~:

20604

(1) "Minority business enterprise" has the same meaning as in	20605
~~division (E)(1) of~~ section 122.71 of the Revised Code.	20606

(2) "EDGE business enterprise" has the same meaning as in	20607
section 123.152 of the Revised Code.	20608

(B) Any minority business enterprise that desires to bid on a	20609
contract under division (C) ~~or (D)~~ of this section shall first	20610
apply to the equal employment opportunity coordinator in the	20611
department of administrative services for certification as a	20612
minority business enterprise. Any EDGE business enterprise that	20613
desires to bid on a contract under division (D) of this section	20614
shall first apply to the equal employment opportunity coordinator	20615
of the department of administrative services for certification as	20616
an EDGE business enterprise. The coordinator shall approve the	20617
application of any minority business enterprise or EDGE business	20618
enterprise that complies with the rules adopted under section	20619
122.71 or 123.152 of the Revised Code, respectively. The	20620
coordinator shall prepare and maintain a list of minority business	20621
enterprises and EDGE business enterprises certified under ~~this~~	20622
~~section~~those sections.	20623

(C) From the contracts to be awarded for the purchases of	20624
equipment, materials, supplies, or services, other than contracts	20625
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	20626
each board of alcohol, drug addiction, and mental health services	20627
shall select a number of contracts with an aggregate value of	20628
approximately fifteen per cent of the total estimated value of	20629
contracts to be awarded in the current fiscal year. The board	20630
shall set aside the contracts so selected for bidding by minority	20631
business enterprises only. The bidding procedures for such	20632
contracts shall be the same as for all other contracts awarded	20633
under section 307.86 of the Revised Code, except that only	20634
minority business enterprises certified and listed ~~under~~pursuant	20635
to division (B) of this section shall be qualified to submit bids.	20636

(D) To the extent that a board is authorized to enter into	20637
contracts for construction, the board shall ~~set aside a number of~~	20638
~~contracts~~strive to attain a yearly contract dollar procurement	20639
goal the aggregate value of which equals approximately five per	20640
cent of the aggregate value of construction contracts for the	20641
current fiscal year for ~~bidding by minority~~EDGE business	20642
enterprises only. ~~The bidding procedures for the contracts set~~	20643
~~aside for minority business enterprises shall be the same as for~~	20644
~~all other contracts awarded by the board, except that only~~	20645
~~minority business enterprises certified and listed under division~~	20646
~~(B) of this section shall be qualified to submit bids.~~	20647

(E)(1) In the case of contracts set aside under ~~divisions~~	20648
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	20649
minority business enterprise, the contract shall be awarded	20650
according to normal bidding procedures. The board shall from time	20651
to time set aside such additional contracts as are necessary to	20652
replace those contracts previously set aside on which no minority	20653
business enterprise bid.	20654

(2) If a board, after having made a good faith effort, is	20655
unable to comply with the goal of procurement for contracting with	20656
EDGE business enterprises pursuant to division (D) of this	20657
section, the board may apply in writing, on a form prescribed by	20658
the department of administrative services, to the director of	20659
mental health and addiction services for a waiver or modification	20660
of the goal.	20661

(F) This section does not preclude any minority business	20662
enterprise or EDGE business enterprise from bidding on any other	20663
contract not specifically set aside for minority business	20664
enterprises or subject to procurement goals for EDGE business	20665
enterprises.	20666

(G) Within ninety days after the beginning of each fiscal	20667
year, each board shall file a report with the department of ~~mental~~	20668
~~health~~mental health and addiction services that shows for that	20669
fiscal year the name of each minority business enterprise and EDGE	20670
business enterprise with which the board entered into a contract,	20671
the value and type of each such contract, the total value of	20672
contracts awarded under divisions (C) and (D) of this section, the	20673
total value of contracts awarded for the purchases of equipment,	20674
materials, supplies, or services, other than contracts entered	20675
into under section 340.03 of the Revised Code, and the total value	20676
of contracts entered into for construction.	20677

(H) Any person who intentionally misrepresents ~~himself~~self	20678
as owning, controlling, operating, or participating in a minority	20679
business enterprise or an EDGE business enterprise for the purpose	20680
of obtaining contracts or any other benefits under this section	20681
shall be guilty of theft by deception as provided for in section	20682
2913.02 of the Revised Code.	20683

Sec. 340.15. (A) A public children services agency that	20684
identifies a child by a risk assessment conducted pursuant to	20685
section 5153.16 of the Revised Code as being at imminent risk of	20686
being abused or neglected because of an addiction of a parent,	20687
guardian, or custodian of the child to a drug of abuse or alcohol	20688
shall refer the child's addicted parent, guardian, or custodian	20689
and, if the agency determines that the child needs alcohol or	20690
other drug addiction services, the child to ~~an alcohol and drug~~a	20691
community addiction ~~program~~services provider certified by the	20692
department of ~~alcohol and drug addiction services~~mental health	20693
and addiction services under section ~~3793.06~~5119.36 of the	20694
Revised Code. A public children services agency that is sent a	20695
court order issued pursuant to division (B) of section 2151.3514	20696
of the Revised Code shall refer the addicted parent or other	20697
caregiver of the child identified in the court order to ~~an alcohol~~	20698
~~and drug~~a community addiction ~~program~~services provider	20699
certified by the department of ~~alcohol and drug addiction services~~	20700
mental health and addiction services under section ~~3793.06~~5119.36	20701
of the Revised Code. On receipt of a referral under this division	20702
and to the extent funding identified under division (A)(1) of	20703
section ~~340.033~~340.08 of the Revised Code is available, the	20704
~~program~~provider shall provide the following services to the	20705
addicted parent, guardian, custodian, or caregiver and child in	20706
need of ~~alcohol or other drug~~addiction services:	20707

(1) If it is determined pursuant to an initial screening to	20708
be needed, assessment and appropriate treatment;	20709

(2) Documentation of progress in accordance with a treatment	20710
plan developed for the addicted parent, guardian, custodian,	20711
caregiver, or child;	20712

(3) If the referral is based on a court order issued pursuant	20713
to division (B) of section 2151.3514 of the Revised Code and the	20714
order requires the specified parent or other caregiver of the	20715
child to submit to alcohol or other drug testing during, after, or	20716
both during and after, treatment, testing in accordance with the	20717
court order.	20718

(B) The services described in division (A) of this section	20719
shall have a priority as provided in the ~~alcohol and drug~~	20720
addiction and mental health services plan and budget established	20721
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	20722
Revised Code. Once a referral has been received pursuant to this	20723
section, the public children services agency and the ~~alcohol or~~	20724
~~drug~~ addiction ~~program~~services provider shall, in accordance with	20725
42 C.F.R. Part 2, share with each other any information concerning	20726
the persons and services described in that division that the	20727
agency and ~~program~~provider determine are necessary to share. If	20728
the referral is based on a court order issued pursuant to division	20729
(B) of section 2151.3514 of the Revised Code, the results and	20730
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	20731
services provider also shall be provided and used as described in	20732
division (D) of that section. Information obtained or maintained	20733
by the agency or ~~program~~provider pursuant to this section that	20734
could enable the identification of any person described in	20735
division (A) of this section is not a public record subject to	20736
inspection or copying under section 149.43 of the Revised Code.	20737

Sec. 340.16. ~~Not later than ninety days after September 5,~~	20738
~~2001, the~~The department of ~~mental health~~mental health and	20739
addiction services and the department of ~~job and family services~~	20740
medicaid shall adopt rules that establish requirements and	20741
procedures for prior notification and service coordination between	20742
public children services agencies and boards of alcohol, drug	20743
addiction, and mental health services when a public children	20744
services agency refers a child in its custody to a board for	20745
services funded by the board. The rules shall be adopted in	20746
accordance with Chapter 119. of the Revised Code.	20747

~~The department of mental health and department of job and~~	20748
~~family services shall collaborate in formulating a plan that~~	20749
~~delineates the funding responsibilities of public children~~	20750
~~services agencies and boards of alcohol, drug addiction, and~~	20751
~~mental health services for services provided under section~~	20752
~~5111.023 of the Revised Code to children in the custody of public~~	20753
~~children services agencies. The departments shall complete the~~	20754
~~plan not later than ninety days after September 5, 2001.~~	20755

Sec. 341.192. (A) As used in this section:

20756

(1) "Jail" means a county jail, or a multicounty,	20757
municipal-county, or multicounty-municipal correctional center.	20758

(2) ~~"Medical assistance program" has the same meaning as in~~	20759
~~section 2913.40 of the Revised Code.~~	20760

~~(3)~~ "Medical provider" means a physician, hospital,	20761
laboratory, pharmacy, or other health care provider that is not	20762
employed by or under contract to a county, municipal corporation,	20763
township, the department of youth services, or the department of	20764
rehabilitation and correction to provide medical services to	20765
persons confined in a jail or state correctional institution, or	20766
is in the custody of a law enforcement officer.	20767

~~(4)~~(3) "Necessary care" means medical care of a nonelective	20768
nature that cannot be postponed until after the period of	20769
confinement of a person who is confined in a jail or state	20770
correctional institution, or is in the custody of a law	20771
enforcement officer without endangering the life or health of the	20772
person.	20773

(B) If a physician employed by or under contract to a county,	20774
municipal corporation, township, the department of youth services,	20775
or the department of rehabilitation and correction to provide	20776
medical services to persons confined in a jail or state	20777
correctional institution determines that a person who is confined	20778
in the jail or state correctional institution or who is in the	20779
custody of a law enforcement officer prior to the person's	20780
confinement in a jail or state correctional institution requires	20781
necessary care that the physician cannot provide, the necessary	20782
care shall be provided by a medical provider. The county,	20783
municipal corporation, township, the department of youth services,	20784
or the department of rehabilitation and correction shall pay a	20785
medical provider for necessary care an amount not exceeding the	20786
authorized reimbursement rate for the same service established by	20787
the department of ~~job and family services~~medicaid under the	20788
~~medical assistance~~medicaid program.	20789

Sec. 351.021. (A) The resolution of the county commissioners	20790
creating a convention facilities authority, or any amendment or	20791
supplement to that resolution, may authorize the authority to levy	20792
one or both of the excise taxes authorized by division (B) of this	20793
section to pay the cost of one or more facilities; to pay	20794
principal, interest, and premium on convention facilities	20795
authority tax anticipation bonds issued to pay those costs; to pay	20796
the operating costs of the authority; to pay operating and	20797
maintenance costs of those facilities; and to pay the costs of	20798
administering the excise tax.	20799

(B) The board of directors of a convention facilities	20800
authority that has been authorized pursuant to resolution adopted,	20801
amended, or supplemented by the board of county commissioners	20802
pursuant to division (A) of this section may levy, by resolution	20803
adopted on or before December 31, 1988, either or both of the	20804
following:	20805

(1) Within the territory of the authority, an additional	20806
excise tax not to exceed four per cent on each transaction. The	20807
excise tax authorized by division (B)(1) of this section shall be	20808
in addition to any excise tax levied pursuant to section 5739.08	20809
or 5739.09 of the Revised Code, or division (B)(2) of this	20810
section.	20811

(2) Within that portion of any municipal corporation that is	20812
located within the territory of the authority or within the	20813
boundaries of any township that is located within the territory of	20814
the authority, which municipal corporation or township is levying	20815
any portion of the excise tax authorized by division (A) of	20816
section 5739.08 of the Revised Code, and with the approval, by	20817
ordinance or resolution, of the legislative authority of that	20818
municipal corporation or township, an additional excise tax not to	20819
exceed nine-tenths of one per cent on each transaction. The excise	20820
tax authorized by division (B)(2) of this section may be levied	20821
only if, on the effective date of the levy specified in the	20822
resolution making the levy, the amount being levied pursuant to	20823
division (A) of section 5739.08 of the Revised Code by each	20824
municipal corporation or township in which the tax authorized by	20825
division (B)(2) of this section will be levied, when added to the	20826
amount levied under division (B)(2) of this section, does not	20827
exceed three per cent on each transaction. The excise tax	20828
authorized by division (B)(2) of this section shall be in addition	20829
to any excise tax that is levied pursuant to section 5739.08 or	20830
5739.09 of the Revised Code, or division (B)(1) of this section.	20831

(C)(1) The board of directors of a convention facilities	20832
authority that is located in an eligible Appalachian county; that	20833
has been authorized pursuant to resolution adopted, amended, or	20834
supplemented by the board of county commissioners pursuant to	20835
division (A) of this section; and that is not levying a tax under	20836
division (B)(1) or (2) of this section may levy within the	20837
territory of the authority, by resolution adopted on or before	20838
December 31, 2005, an additional excise tax not to exceed three	20839
per cent on each transaction. The excise tax authorized under	20840
division (C)(1) of this section shall be in addition to any excise	20841
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	20842
Code.	20843

As used in division (C)(1) of this section, "eligible	20844
Appalachian county" means a county in this state designated as	20845
being in the "Appalachian region" under the "Appalachian Regional	20846
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	20847
having a population less than eighty thousand according to the	20848
most recent federal decennial census.	20849

(2) Division ~~(B)~~(C)(2) of this section applies only to a	20850
convention facilities authority located in a county with a	20851
population, according to the 2000 federal decennial census, of at	20852
least one hundred thirty-five thousand and not more than one	20853
hundred fifty thousand and containing entirely within its	20854
boundaries the territory of a municipal corporation with a	20855
population according to that census of more than fifty thousand.	20856
The board of directors of such a convention facilities authority,	20857
by resolution adopted on or before November 1, 2009, may levy	20858
within the territory of the authority an excise tax on	20859
transactions by which lodging by a hotel is or is to be furnished	20860
to transient guests at a rate not to exceed three per cent on such	20861
transactions for the same purposes for which a tax may be levied	20862
under division (B) of this section. The resolution may be adopted	20863
only if the board of county commissioners of the county, by	20864
resolution, authorizes the levy of the tax. The resolution of the	20865
board of county commissioners is subject to referendum as	20866
prescribed by sections 305.31 to 305.41 of the Revised Code. If,	20867
pursuant to those procedures, a referendum is to be held, the	20868
board's resolution does not take effect until approved by a	20869
majority of electors voting on the question. The convention	20870
facilities authority may adopt the resolution authorized by	20871
division (C)(2) of this section before the election, but the	20872
authority's resolution shall not take effect if the board of	20873
commissioners' resolution is not approved at the election. A tax	20874
levied under division (C)(2) of this section is in addition to any	20875
tax levied under section 5739.09 of the Revised Code.	20876

(D) The authority shall provide for the administration and	20877
allocation of an excise tax levied pursuant to division (B) or (C)	20878
of this section. All receipts arising from those excise taxes	20879
shall be expended for the purposes provided in, and in accordance	20880
with this section and section 351.141 of the Revised Code. An	20881
excise tax levied under division (B) or (C) of this section shall	20882
remain in effect at the rate at which it is levied for at least	20883
the duration of the period for which the receipts from the tax	20884
have been anticipated and pledged pursuant to section 351.141 of	20885
the Revised Code.	20886

(E) Except as provided in division (B)(2) of this section,	20887
the levy of an excise tax on each transaction pursuant to sections	20888
5739.08 and 5739.09 of the Revised Code does not prevent a	20889
convention facilities authority from levying an excise tax	20890
pursuant to division (B) or (C) of this section.	20891

(F) A convention facilities authority located in a county	20892
with a population of less than two hundred fifty thousand	20893
according to the 2010 federal decennial census that levies a tax	20894
under division (B) of this section may amend the resolution	20895
levying the tax to allocate a portion of the revenue from the tax	20896
for support of tourism-related sites or facilities and programs	20897
operated by the county or a municipal corporation within the	20898
county in which the authority is located or for the purpose of	20899
leasing lands for county fairs, erecting buildings for county fair	20900
purposes, making improvements on a county fairground, or for any	20901
purpose connected with the use of a county fairground or with the	20902
management thereof by the county in which the authority is	20903
located. The revenue allocated by the authority for such purposes	20904
in a calendar year shall not exceed fifteen per cent of the total	20905
revenue from the tax in the preceding calendar year.	20906

Sec. 511.261. If a township park district enters into an	20907
agreement for the sale or lease of mineral rights regarding a park	20908
within the district, any royalties or other moneys resulting from	20909
the sale or lease shall be deposited into a special fund that the	20910
board of park commissioners shall establish under division (F) of	20911
section 5705.09 of the Revised Code. The fund shall be used	20912
exclusively for maintenance of parks within the district and for	20913
the acquisition of new park lands.	20914

Sec. 517.271. Notwithstanding section 517.22 of the Revised	20915
Code, the company, association, or religious society that most	20916
recently owned and operated a cemetery currently owned by a board	20917
of township trustees may petition the probate court of the county	20918
in which the cemetery is located to transfer the ownership of the	20919
cemetery to the petitioner.	20920

If the court determines that the petitioner has met all of	20921
the following conditions, the court shall transfer the ownership	20922
of the cemetery to the petitioner and shall order the board to	20923
give the petitioner all necessary records and documents concerning	20924
the cemetery, including records of the board's sale of any lots	20925
pursuant to section 517.07 of the Revised Code:	20926

(A) The petitioner has the financial resources necessary to	20927
operate and maintain the cemetery;	20928

(B) The petitioner is in compliance with all applicable laws	20929
and administrative rules concerning the owners and operators of	20930
cemeteries, including registration under section 4767.02 of the	20931
Revised Code; and	20932

20933

Sec. 715.691. (A) As used in this section:

20934

(1) "Contracting party" means a municipal corporation that	20935
has entered into a joint economic development zone contract or any	20936
party succeeding to the municipal corporation, or a township that	20937
entered into a joint economic development zone contract with a	20938
municipal corporation.	20939

(2) "Zone" means a joint economic development zone designated	20940
under this section.	20941

(B) This section provides alternative procedures and	20942
requirements for creating and operating a joint economic	20943
development zone to those set forth in section 715.69 of the	20944
Revised Code. This section applies only if one of the contracting	20945
parties to the zone does not levy a municipal income tax under	20946
Chapter 718. of the Revised Code. A municipal corporation that	20947
does not levy a municipal income tax may enter into an agreement	20948
to create and operate a joint economic development zone under this	20949
section or under section 715.69 of the Revised Code.	20950

Two or more municipal corporations or one or more townships	20951
and one or more municipal corporations may enter into a contract	20952
whereby they agree to share in the costs of improvements for an	20953
area or areas located in one or more of the contracting parties	20954
that they designate as a joint economic development zone for the	20955
purpose of facilitating new or expanded growth for commercial or	20956
economic development in the state. The contract and zone shall	20957
meet the requirements of divisions (B) to (J) of this section.	20958

(C) The contract shall set forth each contracting party's	20959
contribution to the joint economic development zone. The	20960
contributions may be in any form that the contracting parties	20961
agree to, and may include, but are not limited to, the provision	20962
of services, money, or equipment. The contract may be amended,	20963
renewed, or terminated with the consent of the contracting	20964
parties. The contract shall continue in existence throughout the	20965
term it specifies and shall be binding on the contracting parties	20966
and on any entities succeeding to the contracting parties.	20967

(D) Before the legislative authority of any of the	20968
contracting parties enacts an ordinance or resolution approving a	20969
contract to designate a joint economic development zone, the	20970
legislative authority of each of the contracting parties shall	20971
hold a public hearing concerning the contract and zone. Each	20972
legislative authority shall provide at least thirty days' public	20973
notice of the time and place of the public hearing in a newspaper	20974
of general circulation in the municipal corporation or township.	20975
During the thirty-day period prior to the public hearing, all of	20976
the following documents shall be available for public inspection	20977
in the office of the clerk of the legislative authority of a	20978
municipal corporation that is a contracting party and in the	20979
office of the fiscal officer of a township that is a contracting	20980
party:	20981

(1) A copy of the contract designating the zone;

20982

(2) A description of the area or areas to be included in the	20983
zone, including a map in sufficient detail to denote the specific	20984
boundaries of the area or areas;	20985

(3) An economic development plan for the zone that includes a	20986
schedule for the provision of any new, expanded, or additional	20987
services, facilities, or improvements.	20988

A public hearing held under division (D) of this section	20989
shall allow for public comment and recommendations on the contract	20990
and zone. The contracting parties may include in the contract any	20991
of those recommendations prior to approval of the contract.	20992

(E) After the public hearings required under division (D) of	20993
this section have been held, each contracting party may enact an	20994
ordinance or resolution approving the contract to designate a	20995
joint economic development zone. After each contracting party has	20996
enacted an ordinance or resolution, the clerk of the legislative	20997
authority of a municipal corporation that is a contracting party	20998
and the fiscal officer of a township that is a contracting party	20999
shall file with the board of elections of each county within which	21000
a contracting party is located a copy of the ordinance or	21001
resolution approving the contract and shall direct the board of	21002
elections to submit the ordinance or resolution to the electors of	21003
the contracting party on the day of the next general, primary, or	21004
special election occurring at least ninety days after the	21005
ordinance or resolution is filed with the board of elections. If	21006
any of the contracting parties is a township, however, then only	21007
the township or townships shall submit the resolution to the	21008
electors.	21009

(F)(1) If a vote is required to approve a municipal	21010
corporation as a contracting party to a joint economic development	21011
zone under this section, the ballot shall be in the following	21012
form:	21013

"Shall the ordinance of the legislative authority of the	21014
(city or village) of (name of contracting party) approving the	21015
contract with (name of each other contracting party) for the	21016
designation of a joint economic development zone be approved?	21017

21018

		FOR THE ORDINANCE AND CONTRACT			21019
		AGAINST THE ORDINANCE AND CONTRACT	"		21020

21021

(2) If a vote is required to approve a township as a	21022
contracting party to a joint economic development zone under this	21023
section, the ballot shall be in the following form:	21024

"Shall the resolution of the board of township trustees of	21025
the township of (name of contracting party) approving the contract	21026
with (name of each other contracting party) for the designation of	21027
a joint economic development zone be approved?	21028

21029

		FOR THE RESOLUTION AND CONTRACT			21030
		AGAINST THE RESOLUTION AND CONTRACT	"		21031

21032

If a majority of the electors of each contracting party	21033
voting on the issue vote for the ordinance or resolution and	21034
contract, the ordinance or resolution shall become effective	21035
immediately and the contract shall go into effect immediately or	21036
in accordance with its terms.	21037

(G)(1) A board of directors shall govern each joint economic	21038
development zone created under section 715.691 of the Revised	21039
Code. The members of the board shall be appointed as provided in	21040
the contract. Each of the contracting parties shall appoint three	21041
members to the board. Terms for each member shall be for two	21042
years, each term ending on the same day of the month of the year	21043
as did the term that it succeeds. A member may be reappointed to	21044
the board.	21045

(2) Membership on the board is not the holding of a public	21046
office or employment within the meaning of any section of the	21047
Revised Code or any charter provision prohibiting the holding of	21048
other public office or employment. Membership on the board is not	21049
a direct or indirect interest in a contract or expenditure of	21050
money by a municipal corporation, township, county, or other	21051
political subdivision with which a member may be affiliated.	21052
Notwithstanding any provision of law or a charter to the contrary,	21053
no member of the board shall forfeit or be disqualified from	21054
holding any public office or employment by reason of membership on	21055
the board.	21056

(3) The board is a public body for the purposes of section	21057
121.22 of the Revised Code. Chapter 2744. of the Revised Code	21058
applies to the board and the zone.	21059

(H) The contract may grant to the board of directors	21060
appointed under division (G) of this section the power to adopt a	21061
resolution to levy an income tax within the zone. The income tax	21062
shall be used for the purposes of the zone and for the purposes of	21063
the contracting ~~municipal corporations~~parties pursuant to the	21064
contract. The income tax may be levied in the zone based on income	21065
earned by persons working within the zone and on the net profits	21066
of businesses located in the zone. The income tax is subject to	21067
Chapter 718. of the Revised Code, except that a vote shall be	21068
required by the electors residing in the zone to approve the rate	21069
of income tax unless a majority of the electors residing within	21070
the zone, as determined by the total number of votes cast in the	21071
zone for the office of governor at the most recent general	21072
election for that office, submit a petition to the board	21073
requesting that the election provided for in division (H)(1) of	21074
this section not be held. If no electors reside within the zone,	21075
then division (H)(3) of this section applies. The rate of the	21076
income tax shall be no higher than the highest rate being levied	21077
by a municipal corporation that is a party to the contract.	21078

(1) The board of directors may levy an income tax at a rate	21079
that is not higher than the highest rate being levied by a	21080
municipal corporation that is a party to the contract, provided	21081
that the rate of the income tax is first submitted to and approved	21082
by the electors of the zone at the succeeding regular or primary	21083
election, or a special election called by the board, occurring	21084
subsequent to ninety days after a certified copy of the resolution	21085
levying the income tax and calling for the election is filed with	21086
the board of elections. If the voters approve the levy of the	21087
income tax, the income tax shall be in force for the full period	21088
of the contract establishing the zone. No election shall be held	21089
under this section if a majority of the electors residing within	21090
the zone, determined as specified in division (H) of this section,	21091
submit a petition to that effect to the board of directors. Any	21092
increase in the rate of an income tax by the board of directors	21093
shall be approved by a vote of the electors of the zone and shall	21094
be in force for the remaining period of the contract establishing	21095
the zone.	21096

(2) Whenever a zone is located in the territory of more than	21097
one contracting party, a majority vote of the electors in each of	21098
the several portions of the territory of the contracting parties	21099
constituting the zone approving the levy of the tax is required	21100
before it may be imposed under division (H) of this section.	21101

(3) If no electors reside in the zone, no election for the	21102
approval or rejection of an income tax shall be held under this	21103
section, provided that where no electors reside in the zone, the	21104
rate of the income tax shall be no higher than the highest rate	21105
being levied by a municipal corporation that is a party to the	21106
contract.	21107

(4) The board of directors of a zone levying an income tax	21108
shall enter into an agreement with one of the municipal	21109
corporations that is a party to the contract to administer,	21110
collect, and enforce the income tax on behalf of the zone.	21111

(5) The board of directors of a zone shall publish or post	21112
public notice within the zone of any resolution adopted levying an	21113
income tax in the same manner required of municipal corporations	21114
under sections 731.21 and 731.25 of the Revised Code.	21115

(I)(1) If for any reason a contracting party reverts to or	21116
has its boundaries changed so that it is classified as a township	21117
that is the entity succeeding to that contracting party, the	21118
township is considered to be a municipal corporation for the	21119
purposes of the contract for the full period of the contract	21120
establishing the joint economic development zone, except that if	21121
that contracting party is administering, collecting, and enforcing	21122
the income tax on behalf of the district as provided in division	21123
(H)(4) of this section, the contract shall be amended to allow one	21124
of the other contracting parties to administer, collect, and	21125
enforce that tax.	21126

(2) Notwithstanding any other section of the Revised Code, if	21127
there is any change in the boundaries of a township so that a	21128
municipal corporation once located within the township is no	21129
longer so located, the township shall remain in existence even	21130
though its remaining unincorporated area contains less than	21131
twenty-two square miles, if the township has been or becomes a	21132
party to a contract creating a joint economic development zone	21133
under this section or the contract creating that joint economic	21134
development zone under this section is terminated or repudiated	21135
for any reason by any party or person. The township shall continue	21136
its existing status in all respects, including having the same	21137
form of government and the same elected board of trustees as its	21138
governing body. The township shall continue to receive all of its	21139
tax levies and sources of income as a township in accordance with	21140
any section of the Revised Code, whether the levies and sources of	21141
income generate millage within the ten-mill limitation or in	21142
excess of the ten-mill limitation. The name of the township may be	21143
changed to the name of the contracting party appearing in the	21144
contract creating a joint economic development zone under this	21145
section, so long as the name does not conflict with any other name	21146
in the state that has been certified by the secretary of state.	21147
The township shall have all of the powers set out in sections	21148
715.79, 715.80, and 715.81 of the Revised Code.	21149

(J) If, after creating and operating a joint economic	21150
development zone under this section, a contracting party that did	21151
not levy a municipal income tax under Chapter 718. of the Revised	21152
Code levies such a tax, the tax shall not apply to the zone for	21153
the full period of the contract establishing the zone, if the	21154
board of directors of the zone has levied an income tax as	21155
provided in division (H) of this section.	21156

Sec. 731.091. (A) The legislative authority of a village may,	21157
by the adoption of an ordinance or resolution to eliminate	21158
staggered terms of office, determine that all members of the	21159
legislative authority shall be elected at the same municipal	21160
election as provided for in this section.	21161

(B) At the regular municipal election occurring not less than	21162
ninety days after the certification of the ordinance or resolution	21163
to the board of elections eliminating staggered terms of office,	21164
the following apply:	21165

(1) If there are six members of the legislative authority,	21166
~~three~~the number of members eligible for election at that regular	21167
municipal election shall be elected ~~at the next regular municipal~~	21168
~~election for~~to two-year nonstaggered terms, and all members of	21169
the legislative authority shall be elected to four-year	21170
nonstaggered terms at all following municipal elections.	21171

(2) If there are five members of the legislative authority,	21172
~~three~~a number of members that is one less than the number of	21173
members that would otherwise be eligible for election at that	21174
regular municipal election but for the first-time implementation	21175
of the new membership of five, or, in the case of a village that	21176
has previously reduced its number of members to five, then the	21177
number of members eligible for election at that regular municipal	21178
election shall be elected ~~at the next municipal election for~~to	21179
two-year nonstaggered terms, and all members shall be elected to	21180
four-year nonstaggered terms at all following municipal elections.	21181

Sec. 737.41. (A) The legislative authority of a municipal	21182
corporation in which is established a municipal court, other than	21183
a county-operated municipal court, that has a department of	21184
probation shall establish in the municipal treasury a municipal	21185
probation services fund. The fund shall contain all moneys paid to	21186
the treasurer of the municipal corporation under section 2951.021	21187
of the Revised Code for deposit into the fund. The treasurer of	21188
the municipal corporation shall disburse the money contained in	21189
the fund at the request of the municipal court department of	21190
probation, for use only by that department for specialized staff,	21191
purchase of equipment, purchase of services, reconciliation	21192
programs for offenders and victims, other treatment programs,	21193
including ~~alcohol and drug~~community addiction ~~programs~~services	21194
providers certified under section ~~3793.06~~5119.36 of the Revised	21195
Code, determined to be appropriate by the chief probation officer,	21196
and other similar expenses related to placing offenders under a	21197
community control sanction.	21198

(B) Any money in a municipal probation services fund at the	21199
end of a fiscal year shall not revert to the treasury of the	21200
municipal corporation but shall be retained in the fund.	21201

21202

(1) "County-operated municipal court" has the same meaning as	21203
in section 1901.03 of the Revised Code.	21204

(2) "Community control sanction" has the same meaning as in	21205
section 2929.01 of the Revised Code.	21206

Sec. 742.14. (A) The board of trustees of the Ohio police	21207
and fire pension fund shall have prepared triennially by or under	21208
the supervision of an actuary an actuarial valuation of the	21209
pension assets, liabilities, and funding requirements of the Ohio	21210
police and fire pension fund as established pursuant to sections	21211
742.01 to 742.61 of the Revised Code. The actuary shall complete	21212
the valuation in accordance with actuarial standards of practice	21213
promulgated by the actuarial standards board of the American	21214
academy of actuaries and prepare a report of the valuation. The	21215
report shall include all of the following:	21216

(1) A summary of the benefit provisions evaluated;

21217

(2) A summary of the census data and financial information	21218
used in the valuation;	21219

(3) A description of the actuarial assumptions, actuarial	21220
cost method, and asset valuation method used in the valuation,	21221
including a statement of the assumed rate of payroll growth and	21222
assumed rate of growth or decline in the number of members of the	21223
fund contributing to the pension fund;	21224

(4) A summary of findings that includes a statement of the	21225
actuarial accrued pension liabilities and unfunded actuarial	21226
accrued pension liabilities;	21227

(5) A schedule showing the effect of any changes in the	21228
benefit provisions, actuarial assumptions, or cost methods since	21229
the last triennial actuarial valuation;	21230

(6) A statement of whether employee and employer	21231
contributions to the pension fund are expected to be sufficient to	21232
satisfy the funding objectives established by the board.	21233

The first triennial report shall be made not later than	21234
November 1, 2013, to the Ohio retirement study council, the	21235
director of budget and management, and the standing committees of	21236
the house of representatives and the senate with primary	21237
responsibility for retirement legislation immediately upon its	21238
availability and thereafter triennially, not later than the first	21239
day of November.	21240

(B) At such times as the board determines, and at least once	21241
in each quinquennial period, the board shall have prepared by or	21242
under the supervision of an actuary an actuarial investigation of	21243
the mortality, service, and other experience of the members of the	21244
fund and of other system retirants, as defined in section 742.26	21245
of the Revised Code, who are members of a police department or a	21246
fire department to update the actuarial assumptions used in the	21247
actuarial valuation required by division (A) of this section. The	21248
actuary shall prepare a report of the actuarial investigation. The	21249
report shall be prepared and any recommended changes in actuarial	21250
assumptions shall be made in accordance with the actuarial	21251
standards of practice promulgated by the actuarial standards board	21252
of the American academy of actuaries. The report shall include all	21253
of the following:	21254

(1) A summary of relevant decrement and economic assumption	21255
experience observed over the period of the investigation;	21256

(2) Recommended changes in actuarial assumptions to be used	21257
in subsequent actuarial valuations required by division (A) of	21258
this section;	21259

(3) A measurement of the financial effect of the recommended	21260
changes in actuarial assumptions;	21261

(4) If the investigation required by this division includes	21262
the investigation required by division (E) of this section, a	21263
report of the result of that investigation.	21264

The board shall submit the report to the Ohio retirement	21265
study council and the standing committees of the house of	21266
representatives and the senate with primary responsibility for	21267
retirement legislation not later than the first day of November	21268
following the last fiscal year of the period the report covers.	21269

(C) The board shall have prepared by or under the supervision	21270
of an actuary an actuarial analysis of any introduced legislation	21271
expected to have a measurable financial impact on the pension	21272
fund. The actuarial analysis shall be completed in accordance with	21273
the actuarial standards of practice promulgated by the actuarial	21274
standards board of the American academy of actuaries. The actuary	21275
shall prepare a report of the actuarial analysis, which shall	21276
include all of the following:	21277

(1) A summary of the statutory changes that are being	21278
evaluated;	21279

(2) A description of or reference to the actuarial	21280
assumptions and actuarial cost method used in the report;	21281

(3) A description of the participant group or groups included	21282
in the report;	21283

(4) A statement of the financial impact of the legislation,	21284
including the resulting increase, if any, in the employer normal	21285
cost percentage; the increase, if any, in actuarial accrued	21286
liabilities; and the per cent of payroll that would be required to	21287
amortize the increase in actuarial accrued liabilities as a level	21288
per cent of covered payroll for all active members of the fund	21289
over a period not to exceed thirty years;	21290

(5) A statement of whether the scheduled contributions to the	21291
system after the proposed change is enacted are expected to be	21292
sufficient to satisfy the funding objectives established by the	21293
board.	21294

Not later than sixty days from the date of introduction of	21295
the legislation, the board shall submit a copy of the actuarial	21296
analysis to the legislative service commission, the standing	21297
committees of the house of representatives and the senate with	21298
primary responsibility for retirement legislation, and the Ohio	21299
retirement study council.	21300

(D) The board shall have prepared triennially a report giving	21301
a full accounting of the revenues and costs relating to the	21302
provision of benefits under section 742.45 of the Revised Code.	21303
The first triennial report shall be made as of December 31, 2013,	21304
and the thirty-first day of December triennially thereafter. The	21305
report shall include the following:	21306

(1) A description of the statutory authority for the benefits	21307
provided;	21308

(2) A summary of the benefits;

21309

(3) A summary of the eligibility requirements for the	21310
benefits;	21311

(4) A statement of the number of participants eligible for	21312
the benefits;	21313

(5) A description of the accounting, asset valuation, and	21314
funding method used to provide the benefits;	21315

(6) A statement of the net assets available for the provision	21316
of the benefits as of the last day of the fiscal year;	21317

(7) A statement of any changes in the net assets available	21318
for the provision of benefits, including participant and employer	21319
contributions, net investment income, administrative expenses, and	21320
benefits provided to participants, as of the last day of the	21321
fiscal year;	21322

(8) For the last six consecutive fiscal years, a schedule of	21323
the net assets available for the benefits, the annual cost of	21324
benefits, administrative expenses incurred, and annual employer	21325
contributions allocated for the provision of benefits;	21326

(9) A description of any significant changes that affect the	21327
comparability of the report required under this division;	21328

(10) A statement of the amount paid under division (B) of	21329
section 742.45 of the Revised Code.	21330

The board shall submit the report to the Ohio retirement	21331
study council, the director of budget and management, and the	21332
standing committees of the house of representatives and the senate	21333
with primary responsibility for retirement legislation immediately	21334
upon its availability and not later than the thirtieth day of June	21335
following the year for which the report was made.	21336

(E) At least once in each quinquennial period, the board	21337
shall have prepared by or under the supervision of an actuary an	21338
actuarial investigation of the deferred retirement option plan	21339
established under section 742.43 of the Revised Code. The	21340
investigation shall include an examination of the financial	21341
impact, if any, on the fund of offering the plan to members.	21342

The actuary shall prepare a report of the actuarial	21343
investigation. The report shall include a determination of whether	21344
the plan, as established or modified, has a negative financial	21345
impact on the fund and, if so, recommendations on how to modify	21346
the plan to eliminate the negative financial impact. If the	21347
actuarial report indicates that the plan has a negative financial	21348
impact on the fund, the board may modify the plan or cease to	21349
allow members who have not already done so to elect to participate	21350
in the plan. The firefighter and police officers employers'	21351
contributions shall not be increased to offset any negative	21352
financial impact of the plan.	21353

If the board ceases to allow members to elect to participate	21354
in the plan, the rights and obligations of members who have	21355
already elected to participate shall not be altered.	21356

The board may include the actuarial investigation required	21357
under this division as part of the actuarial investigation	21358
required under division (B) of this section. If the report of the	21359
actuarial investigation required by this division is not included	21360
in the report required by division (B) of this section, the board	21361
shall submit the report required by this division to the Ohio	21362
retirement study council and the standing committees of the house	21363
of representatives and the senate with primary responsibility for	21364
retirement legislation not later than the first day of November	21365
following the last fiscal year of the period the report covers.	21366

Sec. 755.06. (A) The board of park commissioners shall have	21367
the expenditures of all moneys appropriated by the legislative	21368
authority of the city or received from any other source for the	21369
purchase, acquisition, improvement, maintenance, equipment, or	21370
enjoyment of all property mentioned in section 755.05 of the	21371
Revised Code, but no liability shall be incurred or expenditure	21372
made unless the money required therefor is in the treasury to the	21373
credit of the park fund and not appropriated for any other	21374
purpose.	21375

(B) Notwithstanding division (A) of this section, if the	21376
legislative authority of a municipal corporation enters into an	21377
agreement for the sale or lease of mineral rights regarding lands	21378
that the board of park commissioners manages or controls, any	21379
royalties or other moneys resulting from the sale or lease shall	21380
be deposited into a special fund that the legislative authority	21381
shall establish under division (F) of section 5705.09 of the	21382
Revised Code. The board of park commissioners shall use the fund	21383
exclusively for maintenance of lands that the board manages or	21384
controls and for the acquisition of new park lands.	21385

Sec. 901.21. (A) As used in this section and section 901.22	21386
of the Revised Code:	21387

(1) "Agricultural easement" has the same meaning as in	21388
section 5301.67 of the Revised Code.	21389

(2) "Agriculture" means those activities occurring on land	21390
devoted exclusively to agricultural use, as defined in section	21391
5713.30 of the Revised Code, or on land that constitutes a	21392
homestead.	21393

(3) "Homestead" means the portion of a farm on which is	21394
located a dwelling house, yard, or outbuildings such as a barn or	21395
garage.	21396

(B) The director of agriculture may acquire real property	21397
used predominantly in agriculture and agricultural easements by	21398
gift, devise, or bequest if, at the time an easement is granted,	21399
such an easement is on land that is valued for purposes of real	21400
property taxation at its current value for agricultural use under	21401
section 5713.31 of the Revised Code or that constitutes a	21402
homestead. Any terms may be included in an agricultural easement	21403
so acquired that are necessary or appropriate to preserve on	21404
behalf of the grantor of the easement the favorable tax	21405
consequences of the gift, devise, or bequest under the "Internal	21406
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	21407
The director, by any such means or by purchase or lease, may	21408
acquire, or acquire the use of, stationary personal property or	21409
equipment that is located on land acquired in fee by the director	21410
under this section and that is necessary or appropriate for the	21411
use of the land predominantly in agriculture.	21412

(C) The director may include, in an agricultural easement	21413
acquired under division (B) of this section, a provision to	21414
preserve a unique natural or physical feature on the land so long	21415
as the use of the land remains predominantly agricultural.	21416

(D) The director may do all things necessary or appropriate	21417
to retain the use of real property acquired in fee under division	21418
(B) of this section predominantly in agriculture, including,	21419
without limitation, performing any of the activities described in	21420
division (A)(1) or (2) of section 5713.30 of the Revised Code or	21421
entering into contracts to lease or rent the real property so	21422
acquired to persons or governmental entities that will use the	21423
land predominantly in agriculture.	21424

~~(D)~~(E)(1) When the director considers it to be necessary or	21425
appropriate, the director may sell real property acquired in fee,	21426
and stationary personal property or equipment acquired by gift,	21427
devise, bequest, or purchase, under division (B) of this section	21428
on such terms as the director considers to be advantageous to this	21429
state.	21430

(2) An agricultural easement acquired under division (B) of	21431
this section may be extinguished under the circumstances	21432
prescribed, and in accordance with the terms and conditions set	21433
forth, in the instrument conveying the agricultural easement.	21434

~~(E)~~(F) There is hereby created in the state treasury the	21435
agricultural easement purchase fund. The fund shall consist of the	21436
proceeds received from the sale of real and personal property	21437
under division ~~(D)~~(E) of this section; moneys received due to the	21438
extinguishment of agricultural easements acquired by the director	21439
under division (B) of this section or section 5301.691 of the	21440
Revised Code; moneys received due to the extinguishment of	21441
agricultural easements purchased with the assistance of matching	21442
grants made under section 901.22 of the Revised Code; gifts,	21443
bequests, devises, and contributions received by the director for	21444
the purpose of acquiring agricultural easements; and grants	21445
received from public or private sources for the purpose of	21446
purchasing agricultural easements. The fund shall be administered	21447
by the director, and moneys in the fund shall be used by the	21448
director exclusively to purchase agricultural easements under	21449
division (A) of section 5301.691 of the Revised Code and provide	21450
matching grants under section 901.22 of the Revised Code to	21451
municipal corporations, counties, townships, soil and water	21452
conservation districts established under Chapter 1515. of the	21453
Revised Code, and charitable organizations described in division	21454
(B) of section 5301.69 of the Revised Code for the purchase of	21455
agricultural easements. Money in the fund shall be used only to	21456
purchase agricultural easements on land that is valued for	21457
purposes of real property taxation at its current value for	21458
agricultural use under section 5713.31 of the Revised Code or that	21459
constitutes a homestead when the easement is purchased.	21460

~~(F)~~(G) There is hereby created in the state treasury the	21461
clean Ohio agricultural easement fund. Twelve and one-half per	21462
cent of net proceeds of obligations issued and sold pursuant to	21463
sections 151.01 and 151.09 of the Revised Code shall be deposited	21464
into the fund. The fund also shall consist of money credited to it	21465
under section 151.50 of the Revised Code. The fund shall be used	21466
by the director for the purposes of this section, section 901.22	21467
of the Revised Code, and the provisions of sections 5301.67 to	21468
5301.70 of the Revised Code governing agricultural easements.	21469
Investment earnings of the fund shall be credited to the fund and	21470
may be used to pay costs incurred by the director in administering	21471
those sections and provisions.	21472

~~(G)~~(H) The term of an agricultural easement purchased wholly	21473
or in part with money from the clean Ohio agricultural easement	21474
fund or the agricultural easement purchase fund shall be perpetual	21475
and shall run with the land.	21476

Sec. 901.22. (A) The director of agriculture, in accordance	21477
with Chapter 119. of the Revised Code, shall adopt rules that do	21478
all of the following:	21479

(1) Establish procedures and eligibility criteria for making	21480
matching grants to municipal corporations, counties, townships,	21481
soil and water conservation districts established under Chapter	21482
1515. of the Revised Code, and charitable organizations described	21483
in division (B) of section 5301.69 of the Revised Code for the	21484
purchase of agricultural easements. With respect to agricultural	21485
easements that are purchased or proposed to be purchased with such	21486
matching grants that consist in whole or in part of moneys from	21487
the clean Ohio agricultural easement fund created in section	21488
901.21 of the Revised Code, the rules shall establish all of the	21489
following:	21490

(a) Procedures for all of the following:

21491

(i) Soliciting and accepting applications for matching	21492
grants;	21493

(ii) Participation by local governments and by the public in	21494
the process of making matching grants to charitable organizations;	21495

(iii) Notifying local governments, charitable organizations,	21496
and organizations that represent the interests of farmers of the	21497
ranking system established in rules adopted under division	21498
(A)(1)(b) of this section.	21499

(b) A ranking system for applications for the matching grants	21500
that is based on the soil type, proximity of the land or other	21501
land that is conducive to agriculture as defined by rules adopted	21502
under this section and that is the subject of an application to	21503
other agricultural land or other land that is conducive to	21504
agriculture as defined by rules adopted under this section and	21505
that is already or is in the process of becoming permanently	21506
protected from development, farm stewardship, development	21507
pressure, and, if applicable, a local comprehensive land use plan	21508
involved with a proposed agricultural easement. The rules shall	21509
require that preference be given to proposed agricultural	21510
easements that involve the greatest proportion of all of the	21511
following:	21512

(i) Prime soils, unique or locally important soils,	21513
microclimates, or similar features;	21514

(ii) Land that is adjacent to or that is in close proximity	21515
to other agricultural land or other land that is conducive to	21516
agriculture as defined by rules adopted under this section and	21517
that is already or is in the process of becoming permanently	21518
protected from development, by agricultural easement or otherwise,	21519
so that a buffer would exist between the land involving the	21520
proposed agricultural easement and areas that have been developed	21521
or likely will be developed for purposes other than agriculture;	21522

(iii) The use of best management practices, including	21523
federally or state approved conservation plans, and a history of	21524
substantial compliance with applicable federal and state laws;	21525

(iv) Development pressure that is imminent, but not a result	21526
of current location in the direct path of urban development;	21527

(v) Areas identified for agricultural protection in local	21528
comprehensive land use plans.	21529

(c) Any other criteria that the director determines are	21530
necessary for selecting applications for matching grants;	21531

(d) Requirements regarding the information that must be	21532
included in the annual monitoring report that must be prepared for	21533
an agricultural easement under division (E)(2) of section 5301.691	21534
of the Revised Code, procedures for submitting a copy of the	21535
report to the office of farmland preservation in the department of	21536
agriculture, and requirements and procedures governing corrective	21537
actions that may be necessary to enforce the terms of the	21538
agricultural easement.	21539

(2) Establish provisions that shall be included in the	21540
instrument conveying to a municipal corporation, county, township,	21541
soil and water conservation district, or charitable organization	21542
any agricultural easement purchased with matching grant funds	21543
provided by the director under this section, including, without	21544
limitation, all of the following provisions:	21545

(a) A provision stating that an easement so purchased may be	21546
extinguished only if an unexpected change in the conditions of or	21547
surrounding the land that is subject to the easement makes	21548
impossible or impractical the continued use of the land for the	21549
purposes described in the easement, or if the requirements of the	21550
easement are extinguished by judicial proceedings;	21551

(b) A provision requiring that, upon the sale, exchange, or	21552
involuntary conversion of the land subject to the easement, the	21553
holder of the easement shall be paid an amount of money that is at	21554
least equal to the proportionate value of the easement compared to	21555
the total value of the land at the time the easement was acquired;	21556

(c) A provision requiring that, upon receipt of the portion	21557
of the proceeds of a sale, exchange, or involuntary conversion	21558
described in division (A)(2)(b) of this section, the municipal	21559
corporation, county, township, soil and water conservation	21560
district, or charitable organization remit to the director an	21561
amount of money equal to the percentage of the cost of purchasing	21562
the easement it received as a matching grant under this section.	21563

Moneys received by the director pursuant to rules adopted	21564
under division (A)(2)(c) of this section shall be credited to the	21565
agricultural easement purchase fund created in section 901.21 of	21566
the Revised Code.	21567

(3) Establish a provision that provides a charitable	21568
organization, municipal corporation, township, county, or soil and	21569
water conservation district with the option of purchasing	21570
agricultural easements either in installments or with a lump sum	21571
payment. The rules shall include a requirement that a charitable	21572
organization, municipal corporation, township, county, or soil and	21573
water conservation district negotiate with the seller of the	21574
agricultural easement concerning any installment payment terms,	21575
including the dates and amounts of payments and the interest rate	21576
on the outstanding balance. The rules also shall require the	21577
director to approve any method of payment that is undertaken in	21578
accordance with the rules adopted under division (A)(3) of this	21579
section.	21580

(4) Establish any other requirements that the director	21581
considers to be necessary or appropriate to implement or	21582
administer a program to make matching grants under this section	21583
and monitor those grants.	21584

(B) The director may develop guidelines regarding the	21585
acquisition of agricultural easements by the department of	21586
agriculture and the provisions of instruments conveying those	21587
easements. The director may make the guidelines available to	21588
public and private entities authorized to acquire and hold	21589
agricultural easements.	21590

(C) The director may provide technical assistance in	21591
developing a program for the acquisition and monitoring of	21592
agricultural easements to public and private entities authorized	21593
to hold agricultural easements. The technical assistance may	21594
include, without limitation, reviewing and providing advisory	21595
recommendations regarding draft instruments conveying agricultural	21596
easements.	21597

(D)(1) The director may make matching grants from the	21598
agricultural easement purchase fund and the clean Ohio	21599
agricultural easement fund to municipal corporations, counties,	21600
townships, soil and water conservation districts, and charitable	21601
organizations to assist those political subdivisions and	21602
charitable organizations in purchasing agricultural easements.	21603
Application for a matching grant shall be made on forms prescribed	21604
and provided by the director. The matching grants shall be made in	21605
compliance with the criteria and procedures established in rules	21606
adopted under this section. Instruments conveying agricultural	21607
easements purchased with matching grant funds provided under this	21608
section, at a minimum, shall include the mandatory provisions set	21609
forth in those rules.	21610

Matching grants made under this division using moneys from	21611
the clean Ohio agricultural easement fund created in section	21612
901.21 of the Revised Code may provide up to seventy-five per cent	21613
of the value of an agricultural easement as determined by a	21614
general real estate appraiser who is certified under Chapter 4763.	21615
of the Revised Code or as determined through a points-based	21616
appraisal system established under division (D)(2) of this	21617
section. Not less than twenty-five per cent of the value of the	21618
agricultural easement shall be provided by the recipient of the	21619
matching grant or donated by the person who is transferring the	21620
easement to the grant recipient. The amount of such a matching	21621
grant used for the purchase of a single agricultural easement	21622
shall not exceed one million dollars.	21623

(2) The director shall establish a points-based appraisal	21624
system for the purposes of division (D)(1) of this section. The	21625
director may include any or all of the following factors in the	21626
system:	21627

(a) Whether the applicable county auditor has determined that	21628
the land is land that is devoted exclusively to agriculture for	21629
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	21630

(b) Changes in land values following the completion of the	21631
applicable county auditor's reappraisal or triennial update;	21632

21633

(d) Proximity of the land to land that is already subject to	21634
an agricultural easement, conservation easement created under	21635
sections 5301.67 to 5301.70 of the Revised Code, or similar	21636
land-use limitation;	21637

(e) Proximity of the land to water and sewer lines, road	21638
interchanges, and nonagricultural development;	21639

(f) Parcel size and roadway frontage of the land;

21640

(g) Existence of an agreement entered into under division (D)	21641
of section 1515.08 of the Revised Code or of an operation and	21642
management plan developed under division (A) of section 1511.021	21643
of the Revised Code;	21644

(h) Existence of a comprehensive plan that is adopted under	21645
section 303.02 or 519.02 of the Revised Code or that is adopted by	21646
the planning commission of a municipal corporation under section	21647
713.06 of the Revised Code;	21648

(i) Any other factors that the director determines are	21649
necessary for inclusion in the system.	21650

(E) An agricultural easement acquired as a result of a	21651
matching grant awarded under division (D) of this section may	21652
include a provision to preserve a unique natural or physical	21653
feature on the land so long as the use of the land remains	21654
predominantly agricultural.	21655

(F) For any agricultural easement purchased with a matching	21656
grant that consists in whole or in part of moneys from the clean	21657
Ohio agricultural easement fund, the director shall be named as a	21658
grantee on the instrument conveying the easement, as shall the	21659
municipal corporation, county, township, soil and water	21660
conservation district, or charitable organization that receives	21661
the grant.	21662

~~(F)~~(G)(1) The director shall monitor and evaluate the	21663
effectiveness and efficiency of the agricultural easement program	21664
as a farmland preservation tool. On or before July 1, 1999, and	21665
the first day of July of each year thereafter, the director shall	21666
prepare and submit a report to the chairpersons of the standing	21667
committees of the senate and the house of representatives that	21668
consider legislation regarding agriculture. The report shall	21669
consider and address the following criteria to determine the	21670
program's effectiveness:	21671

(a) The number of agricultural easements purchased during the	21672
preceding year;	21673

(b) The location of those easements;

21674

(c) The number of acres of land preserved for agricultural	21675
use;	21676

(d) The amount of money used by a municipal corporation,	21677
township, county, or soil and water conservation district from any	21678
fund to purchase the agricultural easements;	21679

(e) The number of state matching grants given to purchase the	21680
agricultural easements;	21681

(f) The amount of state matching grant moneys used to	21682
purchase the agricultural easements.	21683

(2) The report also shall consider and include, at a minimum,	21684
the following information for each county to determine the	21685
program's efficiency:	21686

(a) The total number of acres in the county;

21687

(b) The total number of acres in current agricultural use;

21688

(c) The total number of acres preserved for agricultural use	21689
in the preceding year;	21690

(d) The average cost, per acre, of land preserved for	21691
agricultural use in the preceding year.	21692

Sec. 901.23. (A) There is hereby created the farmland	21693
preservation advisory board consisting of twelve voting members	21694
appointed by the director of agriculture as follows:	21695

(1) One member who is a county commissioner or a	21696
representative of a statewide organization that represents county	21697
commissioners;	21698

(2) One member who is a township trustee or a representative	21699
of a statewide organization that represents township trustees;	21700

(3) One representative of the Ohio state university;

21701

(4) One representative of a ~~national~~ nonprofit organization	21702
dedicated to the preservation of farmland;	21703

(5) One representative each of development, environmental,	21704
planning, and soil and water conservation interests;	21705

(6) One farmer from each of the state's four quadrants.

21706

Terms of office shall be staggered and shall be for three	21707
years, with each term ending on the same day of the same month as	21708
did the term that it succeeds. Each member shall hold office from	21709
the date of appointment until the end of the term for which the	21710
member was appointed, except that the term of any member who is a	21711
county commissioner or township trustee shall end when the member	21712
ceases to serve as a county commissioner or township trustee.	21713

Members may be reappointed. Vacancies shall be filled in the	21714
manner provided for original appointments. Any member appointed to	21715
fill a vacancy occurring prior to the expiration date of the term	21716
for which the member was appointed shall serve for the remainder	21717
of that term. A member shall continue to serve subsequent to the	21718
expiration date of the member's term until the member's successor	21719
takes office or until a period of sixty days has elapsed,	21720
whichever occurs first. Members shall serve at the pleasure of the	21721
director.	21722

The executive director of the office of farmland preservation	21723
in the department of agriculture or another employee of the	21724
department who is designated by the director shall serve as the	21725
nonvoting chairperson of the board. The director annually shall	21726
designate one member of the board to serve as its	21727
vice-chairperson. The board may adopt bylaws governing its	21728
operation and shall meet at a time when the director, or the	21729
director's designee, considers it appropriate in order for the	21730
board to provide advice as required under division (B) of this	21731
section.	21732

(B) The board shall provide advice to the director regarding	21733
all of the following:	21734

(1) The design and implementation of an agricultural easement	21735
purchase program;	21736

(2) The selection of applications that will be awarded	21737
matching grants under division (D) of section 901.22 of the	21738
Revised Code for the purchase of agricultural easements;	21739

(3) The design and implementation of any other statewide	21740
farmland protection measures that the director considers	21741
appropriate.	21742

(C) Serving as a member of the board does not constitute	21743
holding a public office or position of employment under the laws	21744
of this state and does not constitute grounds for removal of	21745
public officers or employees from their offices or positions of	21746
employment.	21747

(D) A board member shall be reimbursed for actual and	21748
necessary expenses incurred in the discharge of duties as a board	21749
member.	21750

Sec. 903.11. (A) The director of agriculture may enter into	21751
contracts or agreements to carry out the purposes of this chapter	21752
with any public or private person, including ~~the Ohio state~~	21753
~~university~~OSU extension ~~service~~, the natural resources	21754
conservation service in the United States department of	21755
agriculture, the environmental protection agency, the division of	21756
soil and water resources in the department of natural resources,	21757
and soil and water conservation districts established under	21758
Chapter 1515. of the Revised Code. However, the director shall not	21759
enter into a contract or agreement with a private person for the	21760
review of applications for permits to install, permits to operate,	21761
NPDES permits, or review compliance certificates that are issued	21762
under this chapter or for the inspection of a facility regulated	21763
under this chapter or with any person for the issuance of any of	21764
those permits or certificates or for the enforcement of this	21765
chapter and rules adopted under it.	21766

(B) The director may administer grants and loans using moneys	21767
from the federal government and other sources, public or private,	21768
for carrying out any of the director's functions. Nothing in this	21769
chapter shall be construed to limit the eligibility of owners or	21770
operators of animal feeding facilities or other agricultural	21771
enterprises to receive moneys from the water pollution control	21772
loan fund established under section 6111.036 of the Revised Code	21773
and the nonpoint source pollution management fund established	21774
under section 6111.037 of the Revised Code.	21775

The director of agriculture shall provide the director of	21776
environmental protection with written recommendations for	21777
providing financial assistance from those funds to agricultural	21778
enterprises. The director of environmental protection shall	21779
consider the recommendations in developing priorities for	21780
providing financial assistance from the funds.	21781

Sec. 903.99. (A) Whoever violates division (A)(2) of section	21782
903.02 or division (A)(2) of section 903.03 of the Revised Code is	21783
guilty of a misdemeanor of the third degree on a first offense, a	21784
misdemeanor of the second degree on a second offense, and a	21785
misdemeanor of the first degree on a third or subsequent offense.	21786
Each ten-day period that the offense continues constitutes a	21787
separate offense.	21788

(B) Whoever violates the terms and conditions of a permit to	21789
install issued under section 903.02 of the Revised Code or of a	21790
permit to operate issued under section 903.03 of the Revised Code,	21791
~~division (B)(1), (C)(1), or (M)(1) or (2) of section 903.08 of the~~	21792
~~Revised Code, or the NPDES provisions of a permit to operate~~ shall	21793
be fined not more than twenty-five thousand dollars. Each day of	21794
violation constitutes a separate offense.	21795

(C) Whoever negligently violates division (B)(1), (C)(1),	21796
(K), or (M)(1) or (2) of section 903.08 of the Revised Code or the	21797
NPDES provisions of a permit to operate shall be fined not more	21798
than ten thousand dollars or imprisoned for not more than ninety	21799
days, or both. Each day of violation constitutes a separate	21800
offense. For purposes of this division, notwithstanding division	21801
(D) of section 2901.22 of the Revised Code, a person acts	21802
negligently when, because of a lapse from due care, the person	21803
fails to perceive or avoid a risk that the person's conduct may	21804
cause a certain result or may be of a certain nature. A person is	21805
negligent with respect to circumstances when, because of a lapse	21806
from due care, the person fails to perceive or avoid a risk that	21807
such circumstances may exist.	21808

(D) Whoever recklessly violates division (B)(1), (C)(1), (K),	21809
or (M)(1) or (2) of section 903.08 of the Revised Code or the	21810
NPDES provisions of a permit to operate shall be fined not more	21811
than ten thousand dollars or imprisoned for not more than one	21812
year, or both. Each day of violation constitutes a separate	21813
offense.	21814

(E) Whoever knowingly violates division ~~(K)~~(B)(1), (C)(1),	21815
(K), or (M)(1) or (2) of section 903.08 of the Revised Code or the	21816
NPDES provisions of a permit to operate shall be fined not more	21817
than twenty-five thousand dollars or imprisoned for not more than	21818
three years, or both. Each day of violation constitutes a separate	21819
offense.	21820

Sec. 905.06. The director of agriculture shall:

21821

(A) Gather information on the performance of various	21822
agricultural additives, including distributors' and manufacturers'	21823
claims, the results of investigation or research on additives, and	21824
the conditions when they are useful, and make the information	21825
available to the public;	21826

(B) Provide and distribute, in cooperation with ~~the~~	21827
~~agricultural~~OSU extension ~~service~~, information on the use of	21828
agricultural additives;	21829

(C) Provide for the prompt and thorough investigation of	21830
written complaints received concerning agricultural additives.	21831

Sec. 909.15. All moneys from registration fees and from	21832
fines imposed and recovered under sections 909.01 to 909.18 of the	21833
Revised Code, shall be paid to the director of agriculture, who	21834
shall deposit such moneys in the state treasury to the credit of	21835
the ~~general revenue~~plant pest program fund created in section	21836
927.54 of the Revised Code.	21837

Sec. 924.06. (A) ~~Within ninety days after he has approved a~~	21838
~~proposed amendment to an agricultural commodity marketing program~~	21839
~~established before April 10, 1985, the director of agriculture~~	21840
~~shall determine by a referendum whether the eligible producers~~	21841
~~favor the proposed amendment to the program. Any proposed~~	21842
~~amendment to a marketing program established before April 10,~~	21843
~~1985, is favored by the producers of the agricultural commodity~~	21844
~~which would be affected by the proposed amendment if either of the~~	21845
~~following occurs:~~	21846

~~(1) Sixty-six and two-thirds per cent or more, by number, of~~	21847
~~the producers who vote in the referendum, vote in favor of the~~	21848
~~amendment, and represent a majority of the volume of the affected~~	21849
~~commodity that was produced in the preceding marketing year by all~~	21850
~~producers who voted in the referendum;~~	21851

~~(2) A majority of the producers who vote in the referendum,~~	21852
~~vote in favor of the amendment and represent sixty-six and~~	21853
~~two-thirds per cent, or more, of the volume of the affected~~	21854
~~commodity that was produced in the preceding marketing year by all~~	21855
~~the producers who voted in the referendum.~~	21856

~~(B)~~ Within ninety days after ~~he has approved~~approving an	21857
agricultural commodity marketing program proposed on or after	21858
~~April 10, 1985~~the effective date of this amendment, or a proposed	21859
amendment to ~~such a~~an agricultural commodity marketing program,	21860
the director of agriculture shall determine by a referendum	21861
whether the eligible producers favor the proposed marketing	21862
program or amendment. Any such marketing program or amendment to	21863
~~such~~ a marketing program is favored by the producers of the	21864
agricultural commodity that would be affected by the proposed	21865
program or amendment if a majority of the producers who vote in	21866
the referendum vote in favor of the program or amendment.	21867

~~(C)~~(B) If the producers who vote in any referendum held	21868
pursuant to this section do not favor a proposed marketing	21869
program, or proposed amendment to a program, the director shall	21870
hold no additional referendum on that proposed program or proposed	21871
amendment during the ten months following the close of the	21872
referendum at which the producers did not favor that proposed	21873
program or amendment.	21874

~~(D)~~(C) In any referendum held pursuant to this section, each	21875
eligible producer of the ~~Ohio~~ agricultural commodity ~~which~~that	21876
would be affected by the proposed marketing program, or amendment	21877
to a program, is entitled to one vote.	21878

~~(E)~~(D) In any referendum held on an agricultural commodity	21879
marketing program, or a proposed amendment to such a program,	21880
votes may be cast in person or by mailing a ballot to a polling	21881
place designated by the director. The director shall establish a	21882
three-day period during which eligible producers may vote in	21883
person during normal business hours at polling places designated	21884
by the director. The director or other appropriate person shall	21885
send a mail-in ballot by ordinary first-class mail to any eligible	21886
producer who requests one by calling the toll-free telephone	21887
number or sending in the ballot request form provided for in	21888
division ~~(F)~~(E) of this section, by calling one of the polling	21889
places designated by the director, or by any additional method	21890
that the director or operating committee may provide. No ballot	21891
returned by mail shall be valid if it is postmarked later than the	21892
third day of the election period established by the director.	21893

~~(F)~~(E) For any referendum held on an agricultural commodity	21894
marketing program, or a proposed amendment to such a program, the	21895
director or operating committee shall cause a ballot request form	21896
to be published at least thirty days before the beginning of the	21897
election period established under division ~~(E)~~(D) of this section	21898
in at least two appropriate periodicals designated by the	21899
director, and shall make the form available for reproduction to	21900
any interested group or association. The director shall provide a	21901
toll-free telephone number that producers may call to request a	21902
ballot.	21903

Sec. 927.54. The plant pest program fund is hereby created in	21904
the state treasury. The fund shall consist of money credited to it	21905
under section 909.15 of the Revised Code and under this chapter	21906
and any rules adopted under it. The director of agriculture shall	21907
use money in the fund to administer this chapter and Chapter 909.	21908
of the Revised Code.	21909

The director shall keep accurate records of all receipts into	21910
and disbursements from the fund and shall prepare, and provide	21911
upon request, an annual report classifying the receipts and	21912
disbursements that pertain to plant pests.	21913

Sec. 955.201. (A) As used in this section and in section	21914
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	21915
corporation organized by that name under Chapter 1702. of the	21916
Revised Code that consists of humane societies, veterinarians,	21917
animal shelters, companion animal breeders, dog wardens, or	21918
similar individuals and entities.	21919

(B) The Ohio pet fund shall do all of the following:

21920

(1) Establish eligibility criteria for organizations that may	21921
receive financial assistance from the Ohio pet fund. Those	21922
organizations may include any of the following:	21923

(a) An animal shelter as defined in section 4729.01 of the	21924
Revised Code;	21925

(b) A local nonprofit veterinary association that operates a	21926
program for the sterilization of dogs and cats;	21927

(c) A charitable organization that is exempt from federal	21928
income taxation under subsection 501(c)(3) of the Internal Revenue	21929
Code and a purpose of which is to support programs for the	21930
sterilization of dogs and cats and educational programs concerning	21931
the proper veterinary care of those animals.	21932

(2) Establish procedures for applying for financial	21933
assistance from the Ohio pet fund. Application procedures shall	21934
require eligible organizations to submit detailed proposals that	21935
outline the intended uses of the moneys sought.	21936

(3) Establish eligibility criteria for sterilization and	21937
educational programs for which moneys from the Ohio pet fund may	21938
be used and, consistent with division (C) of this section,	21939
establish eligibility criteria for individuals who seek	21940
sterilization for their dogs and cats from eligible organizations;	21941

(4) Establish procedures for the disbursement of moneys the	21942
Ohio pet fund receives from license plate contributions pursuant	21943
to division (C) of section 4503.551 of the Revised Code;	21944

(5) Advertise or otherwise provide notification of the	21945
availability of financial assistance from the Ohio pet fund for	21946
eligible organizations;	21947

(6) Design markings to be inscribed on "pets" license plates	21948
under section 4503.551 of the Revised Code.	21949

(C)(1) The owner of a dog or cat is eligible for dog or cat	21950
sterilization services from an eligible organization when those	21951
services are subsidized in whole or in part by money from the Ohio	21952
pet fund if any of the following applies:	21953

(a) The income of the owner's family does not exceed one	21954
hundred fifty per cent of the federal poverty guideline.	21955

(b) The owner, or any member of the owner's family who	21956
resides with the owner, is a recipient or beneficiary of one of	21957
the following government assistance programs:	21958

(i) Low-income housing assistance under the "United States	21959
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	21960
federal section 8 housing program;	21961

(ii) The Ohio works first program established by Chapter	21962
5107. of the Revised Code;	21963

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	21964
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	21965
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	21966
~~department of job and family services under Chapter 5111. of the~~	21967
~~Revised Code~~;	21968

(iv) A program or law administered by the United States	21969
department of veterans' affairs or veterans' administration for	21970
any service-connected disability;	21971

(v) The supplemental nutrition assistance program established	21972
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	21973
administered by the department of job and family services under	21974
section 5101.54 of the Revised Code;	21975

(vi) The "special supplemental nutrition program for women,	21976
infants, and children" established under the "Child Nutrition Act	21977
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	21978
by the department of health under section 3701.132 of the Revised	21979
Code;	21980

(vii) Supplemental security income under Title XVI of the	21981
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	21982
amended;	21983

(viii) Social security disability insurance benefits provided	21984
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	21985
42 U.S.C.A. 401, as amended.	21986

(c) The owner of the dog or cat submits to the eligible	21987
organization operating the sterilization program either of the	21988
following:	21989

(i) A certificate of adoption showing that the dog or cat was	21990
adopted from a licensed animal shelter, a municipal, county, or	21991
regional pound, or a holding and impoundment facility that	21992
contracts with a municipal corporation;	21993

(ii) A certificate of adoption showing that the dog or cat	21994
was adopted through a nonprofit corporation operating an animal	21995
adoption referral service whose holding facility, if any, is	21996
licensed in accordance with state law or a municipal ordinance.	21997

(2) The Ohio pet fund shall determine the type of documentary	21998
evidence that must be presented by the owner of a dog or cat to	21999
show that the income of the owner's family does not exceed one	22000
hundred fifty per cent of the federal poverty guideline or that	22001
the owner is eligible under division (C)(1)(b) of this section.	22002

(D) As used in division (C) of this section, "federal poverty	22003
guideline" means the official poverty guideline as revised	22004
annually by the United States department of health and human	22005
services in accordance with section 673(2) of the "Omnibus Budget	22006
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	22007
amended, for a family size equal to the size of the family of the	22008
person whose income is being determined.	22009

Sec. 956.07. (A) A person who is applying for a license to	22010
operate a high volume breeder or to act as or perform the	22011
functions of a dog retailer under section 956.04 or 956.05 of the	22012
Revised Code, as applicable, shall include with the application	22013
for a license a nonrefundable license application fee. For the	22014
purpose of calculating the application fee for a high volume	22015
breeder, the sale of one dog from a litter constitutes the sale of	22016
a litter. The application fees are as follows:	22017

(1) For a high volume breeder:

22018

(a) One hundred fifty dollars if the high volume breeder	22019
annually sells at least nine, but not more than fifteen litters;	22020

(b) Two hundred fifty dollars if the high volume breeder	22021
annually sells at least sixteen, but not more than twenty-five	22022
litters;	22023

(c) Three hundred fifty dollars if the high volume breeder	22024
annually sells at least twenty-six, but not more than thirty-five	22025
litters;	22026

(d) Five hundred dollars if the high volume breeder annually	22027
sells at least thirty-six, but not more than forty-five litters;	22028

(e) Seven hundred fifty dollars if the high volume breeder	22029
annually sells forty-six or more litters.	22030

(2) For a dog retailer, five hundred dollars.

22031

(B) Money collected by the director of agriculture from each	22032
application fee submitted under this section shall be ~~transmitted~~	22033
~~by the director to the treasurer of~~deposited in the state	22034
treasury to ~~be credited to~~the credit of the high volume breeder	22035
kennel control license fund created in section 956.18 of the	22036
Revised Code. The ~~treasurer of state shall transfer to the county~~	22037
~~auditor of the county in which a high volume breeder is located or~~	22038
~~will be located~~director shall use fifty dollars of the	22039
application fee submitted by ~~the~~a high volume breeder under this	22040
section or an amount equal to the fee charged ~~in that county~~ for	22041
the registration of a kennel under section 955.14 of the Revised	22042
Code in the county in which the high volume breeder is located or	22043
will be located, whichever is greater, to reimburse that county.	22044
The county auditor shall deposit the transferred money into that	22045
county's dog and kennel fund created under section 955.20 of the	22046
Revised Code.	22047

Sec. 956.18. (A) All money collected by the director of	22048
agriculture from license fees under section ~~956.08~~956.07 and	22049
civil penalties assessed under section 956.13 of the Revised Code	22050
shall be deposited in the state treasury to the credit of the high	22051
volume breeder kennel control license fund, which is hereby	22052
created. The fund shall also consist of money appropriated to it.	22053

(B) No money may be released from the fund without	22054
controlling board approval. The director shall request the	22055
controlling board to release money in an amount not to exceed two	22056
million five hundred thousand dollars per biennium.	22057

(C) The director shall use the money in the fund for the	22058
purpose of administering this chapter and rules adopted under it.	22059

Sec. 991.03. (A) The Ohio expositions commission shall:

22060

(1) Conduct at least one fair or exposition annually;

22061

(2) Maintain and manage property held by the state for the	22062
purpose of conducting fairs, expositions, and exhibits;	22063

(3) As provided in section 109.122 of the Revised Code,	22064
provide notice of or copies of any proposed entertainment or	22065
sponsorship contracts to the attorney general.	22066

(B) The commission may:

22067

(1) Conduct such additional fairs, expositions, or	22068
exhibitions as the commission determines are in the general public	22069
interest;	22070

(2) Accept on behalf of the state conveyances of property for	22071
the purposes of conducting fairs, expositions, and exhibits,	22072
subject to any terms and conditions agreed to by the commission	22073
and approved by the controlling board;	22074

(3) Accept gifts, devises, and bequests of money, lands, and	22075
other property and apply the money, lands, or other property	22076
according to the terms of the gift, devise, or bequest. A	22077
political subdivision as authorized by law may make gifts and	22078
devises to the commission, and the commission shall apply such a	22079
gift or devise according to the terms of the gift or devise. All	22080
gifts and bequests of money accepted under this division shall be	22081
deposited into the state treasury to the credit of the Ohio	22082
expositions support fund.	22083

(4) Enter into contracts that the commission considers	22084
necessary or worthwhile in the conduct of its purposes, provided	22085
that contracts made for a term exceeding two years, other than	22086
those described in division (B)(4) of this section, shall be	22087
subject to the approval of the controlling board and provided that	22088
the attorney general, pursuant to the attorney general's authority	22089
under section 109.122 of the Revised Code, has not disapproved the	22090
proposed contract;	22091

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	22092
or services;	22093

~~(5)~~(6) Sell or convey all or a portion of the property, land,	22094
or buildings under its management subject to the approval of the	22095
legislature;	22096

~~(6)~~(7) Grant leases on all or any part of the property, land,	22097
or buildings under the management of the commission to private or	22098
public organizations, which appear to be in the best interests of	22099
the state, with the approval of the controlling board and director	22100
of administrative services, subject to the following conditions:	22101

(a) The lessees shall make or construct improvements on such	22102
lands or buildings at no cost to the commission or to the state,	22103
subject to prior approval by the director of administrative	22104
services of detailed plans and specifications of such	22105
improvements.	22106

(b) No person, firm, or corporation shall cause a lien to be	22107
filed against any funds or property of the state or of the	22108
commission as a result of a lessee's activities pursuant to	22109
division (B)~~(6)~~(7)(a) of this section.	22110

(c) Leases shall be entered into subject to the sale of such	22111
property, lands, or buildings during the term of the lease.	22112

(d) No leases shall be made which interfere with a fair,	22113
exposition, or exhibition on such lands.	22114

~~(7)~~(8) Encumber appropriations for the entire amount of a	22115
contract at the time the contract is made, even though the	22116
contract will not be performed in the fiscal year for which the	22117
appropriations were made.	22118

~~(8)~~(9) Implement a credit card payment program permitting	22119
payment by means of a credit card of any fees, charges, and	22120
rentals associated with conducting fairs, expositions, and	22121
exhibits. The commission may open an account outside the state	22122
treasury in a financial institution for the purpose of depositing	22123
credit card receipts. By the end of the business day following the	22124
deposit of the receipts, the financial institution shall make	22125
available to the commission funds in the amount of the receipts.	22126
The commission shall then pay these funds into the state treasury	22127
to the credit of the Ohio expositions fund.	22128

The commission shall adopt rules as necessary to carry out	22129
the purposes of division (B)~~(8)~~(9) of this section. The rules	22130
shall include standards for determining eligible financial	22131
institutions and the manner in which funds shall be made available	22132
and shall be consistent with the standards contained in sections	22133
135.03, 135.18, and 135.181 of the Revised Code.	22134

The commission shall not adopt or enforce any rules which	22135
will prohibit livestock exhibited at the Ohio state fair from	22136
participating in county and independent fairs in the state.	22137

Sec. 991.04. There is hereby established in the state	22138
treasury the Ohio expositions fund. ~~All~~Except for gifts and	22139
bequests of money accepted under division (B)(3) of section 991.03	22140
of the Revised Code, all moneys collected by the Ohio expositions	22141
commission pursuant to sections 991.01 to 991.07 of the Revised	22142
Code and any income generated from the investment of those moneys	22143
shall be paid into the fund and may be used to defray the costs of	22144
administration and carrying out the purposes of sections 991.01 to	22145
991.07 of the Revised Code.	22146

With the approval of the director of budget and management,	22147
provisions may be made for a cash fund to be established on the	22148
state fairgrounds during the period of activities related to the	22149
holding of the annual state fair. The purpose of such fund is to	22150
provide for payment of premiums and entertainers and for immediate	22151
payment of small amounts for obligations, including ticket	22152
refunds, of such nature as to require immediate payment.	22153

The expositions commission shall cause to be kept an accurate	22154
record of all transactions, contracts, and proceedings. The	22155
director of budget and management shall prescribe a system of	22156
accounting and reporting. Such system shall include methods and	22157
forms showing the sources from which all revenues of the	22158
expositions commission are received, the amount collected from	22159
each source, and the amount expended for each purpose.	22160

Sec. 991.041. There is in the state treasury the Ohio	22161
expositions support fund. All gifts and bequests of money accepted	22162
under division (B)(3) of section 991.03 of the Revised Code shall	22163
be deposited into the state treasury to the credit of the fund.	22164
Investment earnings of the fund shall be deposited into the fund.	22165
The Ohio expositions commission may use the fund, consistent with	22166
the terms of the gift or bequest, to defray the cost of	22167
administration and of carrying out the purposes of sections 991.01	22168
to 991.07 of the Revised Code.	22169

Sec. 991.06. Annually on or before the thirtieth day of	22170
September the Ohio expositions commission, through its general	22171
manager, shall prepare and file with the auditor of state a	22172
statement showing the total amount received from each source of	22173
revenue, the total amount disbursed for each class of	22174
expenditures, and the aggregate of all receipts and expenditures	22175
of the commission. This statement shall also include a summary of	22176
each contract for the mutual exchange of goods or services entered	22177
into by the commission under ~~division (B)(4) of~~ section 991.03 of	22178
the Revised Code. Upon receipt of such statement, the auditor of	22179
state shall have it verified and make a report of ~~his~~the auditor	22180
of state's findings thereon to the governor.	22181

Assistant auditors of state shall conduct an audit of	22182
activities of the annual Ohio state fair on the Ohio exposition	22183
center during the period when the fair is in progress.	22184

The cost of such audit shall be included in the annual	22185
expenses of the Ohio expositions commission.	22186

Sec. 1321.46. (A) ~~If more than four hundred persons are~~	22187
~~licensed under sections 1321.35 to 1321.48 of the Revised Code at~~	22188
~~any point after September 1, 2009~~Not later than ninety days after	22189
the effective date of this amendment, the superintendent of	22190
financial institutions shall develop and make a statewide common	22191
database, as implemented by the superintendent, accessible at all	22192
times to persons licensed or registered under sections 1321.01 to	22193
1321.19, 1321.35 to 1321.48, 1321.51 to 1321.60, or 4712.01 to	22194
4712.14 of the Revised Code and to the superintendent through an	22195
internet connection. ~~Licensees~~	22196

(1) Licensees under sections 1321.35 to 1321.48 of the	22197
Revised Code shall use the database to determine if a ~~borrower~~	22198
consumer is eligible for a loan. Licensees shall submit the	22199
required data in a format as the superintendent prescribes by	22200
rule, and verify eligibility before entering into each loan	22201
transaction.	22202

(2) Licensees or registrants under sections 1321.01 to	22203
1321.19, 1321.51 to 1321.60, or 4712.01 to 4712.14 of the Revised	22204
Code shall, with respect to any loan or brokered extension of	22205
credit that is in an amount less than one thousand five hundred	22206
dollars and has a duration of less than sixty days, submit the	22207
required data in a format as the superintendent prescribes by	22208
rule.	22209

(B) ~~If a statewide common database is developed pursuant to~~	22210
~~division (A) of this section, the~~The superintendent shall adopt	22211
rules to administer and enforce this section and to ensure that	22212
the database is used ~~by licensees~~ in accordance with this section,	22213
including:	22214

(1) A rule requiring that data are retained in the database	22215
only as required to ensure ~~licensee~~ compliance with this section;	22216

(2) A rule requiring that identifying ~~borrower~~consumer	22217
information is deleted from the database on a regular and routine	22218
basis, twelve months after the transaction is closed;	22219

(3) A rule authorizing the archiving of deleted data, should	22220
the superintendent determine that archiving is necessary for the	22221
enforcement of this section;	22222

(4) A rule prohibiting the database from ranking the credit	22223
worthiness of a ~~borrower~~consumer and limiting the database so	22224
that, with respect to licensees under sections 1321.35 to 1321.48	22225
of the Revised Code, it may only be used to determine a ~~borrower's~~	22226
consumer's eligibility or ineligibility for a loan based on the	22227
provisions of this chapter;	22228

(5) A rule requiring that data collected pursuant to this	22229
section be used only as prescribed in this section and for no	22230
other purpose;	22231

(6) A rule authorizing the database operator to impose a per	22232
transaction fee to be paid by the licensee or registrant for data	22233
required to be submitted;	22234

(7) A rule prohibiting the database operator from including,	22235
in the database, the social security number of any ~~borrower~~	22236
consumer.	22237

(C) The database operator, whether the superintendent or a	22238
third party selected by the superintendent pursuant to Chapter	22239
125. of the Revised Code, shall do all of the following:	22240

(1) Establish and maintain a process for responding to	22241
transaction verification requests due to technical difficulties	22242
with the database that prevent the licensee or registrant from	22243
accessing the database through the internet;	22244

(2) Provide accurate and secure receipt, transmission, and	22245
storage of ~~borrower~~consumer data;	22246

(3) Designate a transaction as closed within one business day	22247
of receiving notification from a licensee or registrant;	22248

(4) Take all reasonable measures to ensure the	22249
confidentiality of the database and to prevent identity theft.	22250

(D) A licensee under sections 1321.35 to 1321.48 of the	22251
Revised Code may rely on the information contained in the database	22252
as accurate and is not subject to any administrative penalty or	22253
civil liability as a result of relying on inaccurate information	22254
contained in the database.	22255

(E) With respect to the database prescribed in division (A)	22256
of this section, any information submitted for incorporation into	22257
the database, information in the database itself, or archived	22258
information as maintained by the superintendent pursuant to this	22259
section is not a public record under section 149.43 of the Revised	22260
Code.	22261

(F) If approved by the superintendent, the database operator	22262
may impose a per transaction fee for the actual costs of entering,	22263
accessing, and maintaining data in the database. The fee shall be	22264
payable to the database operator in a manner prescribed by the	22265
superintendent. ~~A licensee may not charge a customer all or part~~	22266
~~of the fee.~~	22267

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	22268
Revised Code:	22269

(A) "Adult" means a person who is eighteen years of age or	22270
older.	22271

(B) "Attending physician" means the physician to whom a	22272
principal or the family of a principal has assigned primary	22273
responsibility for the treatment or care of the principal or, if	22274
the responsibility has not been assigned, the physician who has	22275
accepted that responsibility.	22276

22277

(1) Nutrition when administered to diminish the pain or	22278
discomfort of a principal, but not to postpone death;	22279

(2) Hydration when administered to diminish the pain or	22280
discomfort of a principal, but not to postpone death;	22281

(3) Any other medical or nursing procedure, treatment,	22282
intervention, or other measure that is taken to diminish the pain	22283
or discomfort of a principal, but not to postpone death.	22284

(D) "Consulting physician" means a physician who, in	22285
conjunction with the attending physician of a principal, makes one	22286
or more determinations that are required to be made by the	22287
attending physician, or to be made by the attending physician and	22288
one other physician, by an applicable provision of sections	22289
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	22290
medical certainty and in accordance with reasonable medical	22291
standards.	22292

(E) "Declaration for mental health treatment" has the same	22293
meaning as in section 2135.01 of the Revised Code.	22294

(F) "Guardian" means a person appointed by a probate court	22295
pursuant to Chapter 2111. of the Revised Code to have the care and	22296
management of the person of an incompetent.	22297

(G) "Health care" means any care, treatment, service, or	22298
procedure to maintain, diagnose, or treat an individual's physical	22299
or mental condition or physical or mental health.	22300

(H) "Health care decision" means informed consent, refusal to	22301
give informed consent, or withdrawal of informed consent to health	22302
care.	22303

(I) "Health care facility" means any of the following:

22304

(1) A hospital;

22305

(2) A hospice care program, pediatric respite care program,	22306
or other institution that specializes in comfort care of patients	22307
in a terminal condition or in a permanently unconscious state;	22308

(3) A nursing home;

22309

(4) A home health agency;

22310

(5) An intermediate care facility for the mentally retarded;

22311

(6) A regulated community mental health organization.

22312

(J) "Health care personnel" means physicians, nurses,	22313
physician assistants, emergency medical technicians-basic,	22314
emergency medical technicians-intermediate, emergency medical	22315
technicians-paramedic, medical technicians, dietitians, other	22316
authorized persons acting under the direction of an attending	22317
physician, and administrators of health care facilities.	22318

(K) "Home health agency" has the same meaning as in section	22319
3701.881 of the Revised Code.	22320

(L) "Hospice care program" and "pediatric respite care	22321
program" have the same meanings as in section 3712.01 of the	22322
Revised Code.	22323

(M) "Hospital" has the same meanings as in sections 3701.01,	22324
3727.01, and 5122.01 of the Revised Code.	22325

(N) "Hydration" means fluids that are artificially or	22326
technologically administered.	22327

(O) "Incompetent" has the same meaning as in section 2111.01	22328
of the Revised Code.	22329

(P) "Intermediate care facility for the mentally retarded"	22330
has the same meaning as in section ~~5111.20~~5124.01 of the Revised	22331
Code.	22332

(Q) "Life-sustaining treatment" means any medical procedure,	22333
treatment, intervention, or other measure that, when administered	22334
to a principal, will serve principally to prolong the process of	22335
dying.	22336

(R) "Medical claim" has the same meaning as in section	22337
2305.113 of the Revised Code.	22338

(S) "Mental health treatment" has the same meaning as in	22339
section 2135.01 of the Revised Code.	22340

(T) "Nursing home" has the same meaning as in section 3721.01	22341
of the Revised Code.	22342

(U) "Nutrition" means sustenance that is artificially or	22343
technologically administered.	22344

(V) "Permanently unconscious state" means a state of	22345
permanent unconsciousness in a principal that, to a reasonable	22346
degree of medical certainty as determined in accordance with	22347
reasonable medical standards by the principal's attending	22348
physician and one other physician who has examined the principal,	22349
is characterized by both of the following:	22350

(1) Irreversible unawareness of one's being and environment.

22351

(2) Total loss of cerebral cortical functioning, resulting in	22352
the principal having no capacity to experience pain or suffering.	22353

(W) "Person" has the same meaning as in section 1.59 of the	22354
Revised Code and additionally includes political subdivisions and	22355
governmental agencies, boards, commissions, departments,	22356
institutions, offices, and other instrumentalities.	22357

(X) "Physician" means a person who is authorized under	22358
Chapter 4731. of the Revised Code to practice medicine and surgery	22359
or osteopathic medicine and surgery.	22360

(Y) "Political subdivision" and "state" have the same	22361
meanings as in section 2744.01 of the Revised Code.	22362

(Z) "Professional disciplinary action" means action taken by	22363
the board or other entity that regulates the professional conduct	22364
of health care personnel, including the state medical board and	22365
the board of nursing.	22366

(AA) "Regulated community mental health organization" means a	22367
residential facility as defined and licensed under section ~~5119.22~~	22368
5119.34 of the Revised Code or a community mental health ~~agency~~	22369
services provider as defined in section 5122.01 of the Revised	22370
Code.	22371

(BB) "Terminal condition" means an irreversible, incurable,	22372
and untreatable condition caused by disease, illness, or injury	22373
from which, to a reasonable degree of medical certainty as	22374
determined in accordance with reasonable medical standards by a	22375
principal's attending physician and one other physician who has	22376
examined the principal, both of the following apply:	22377

(1) There can be no recovery.

22378

(2) Death is likely to occur within a relatively short time	22379
if life-sustaining treatment is not administered.	22380

(CC) "Tort action" means a civil action for damages for	22381
injury, death, or loss to person or property, other than a civil	22382
action for damages for a breach of contract or another agreement	22383
between persons.	22384

Sec. 1347.08. (A) Every state or local agency that maintains	22385
a personal information system, upon the request and the proper	22386
identification of any person who is the subject of personal	22387
information in the system, shall:	22388

(1) Inform the person of the existence of any personal	22389
information in the system of which the person is the subject;	22390

(2) Except as provided in divisions (C) and (E)(2) of this	22391
section, permit the person, the person's legal guardian, or an	22392
attorney who presents a signed written authorization made by the	22393
person, to inspect all personal information in the system of which	22394
the person is the subject;	22395

(3) Inform the person about the types of uses made of the	22396
personal information, including the identity of any users usually	22397
granted access to the system.	22398

(B) Any person who wishes to exercise a right provided by	22399
this section may be accompanied by another individual of the	22400
person's choice.	22401

(C)(1) A state or local agency, upon request, shall disclose	22402
medical, psychiatric, or psychological information to a person who	22403
is the subject of the information or to the person's legal	22404
guardian, unless a physician, psychiatrist, or psychologist	22405
determines for the agency that the disclosure of the information	22406
is likely to have an adverse effect on the person, in which case	22407
the information shall be released to a physician, psychiatrist, or	22408
psychologist who is designated by the person or by the person's	22409
legal guardian.	22410

(2) Upon the signed written request of either a licensed	22411
attorney at law or a licensed physician designated by the inmate,	22412
together with the signed written request of an inmate of a	22413
correctional institution under the administration of the	22414
department of rehabilitation and correction, the department shall	22415
disclose medical information to the designated attorney or	22416
physician as provided in division (C) of section 5120.21 of the	22417
Revised Code.	22418

(D) If an individual who is authorized to inspect personal	22419
information that is maintained in a personal information system	22420
requests the state or local agency that maintains the system to	22421
provide a copy of any personal information that the individual is	22422
authorized to inspect, the agency shall provide a copy of the	22423
personal information to the individual. Each state and local	22424
agency may establish reasonable fees for the service of copying,	22425
upon request, personal information that is maintained by the	22426
agency.	22427

(E)(1) This section regulates access to personal information	22428
that is maintained in a personal information system by persons who	22429
are the subject of the information, but does not limit the	22430
authority of any person, including a person who is the subject of	22431
personal information maintained in a personal information system,	22432
to inspect or have copied, pursuant to section 149.43 of the	22433
Revised Code, a public record as defined in that section.	22434

(2) This section does not provide a person who is the subject	22435
of personal information maintained in a personal information	22436
system, the person's legal guardian, or an attorney authorized by	22437
the person, with a right to inspect or have copied, or require an	22438
agency that maintains a personal information system to permit the	22439
inspection of or to copy, a confidential law enforcement	22440
investigatory record or trial preparation record, as defined in	22441
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	22442

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

22443

(1) The contents of an adoption file maintained by the	22444
department of health under section 3705.12 of the Revised Code;	22445

(2) Information contained in the putative father registry	22446
established by section 3107.062 of the Revised Code, regardless of	22447
whether the information is held by the department of job and	22448
family services or, pursuant to section 3111.69 of the Revised	22449
Code, the office of child support in the department or a child	22450
support enforcement agency;	22451

(3) Papers, records, and books that pertain to an adoption	22452
and that are subject to inspection in accordance with section	22453
3107.17 of the Revised Code;	22454

(4) Records listed in division (A) of section 3107.42 of the	22455
Revised Code or specified in division (A) of section 3107.52 of	22456
the Revised Code;	22457

(5) Records that identify an individual described in division	22458
(A)(1) of section 3721.031 of the Revised Code, or that would tend	22459
to identify such an individual;	22460

(6) Files and records that have been expunged under division	22461
(D)(1) or (2) of section 3721.23 of the Revised Code;	22462

(7) Records that identify an individual described in division	22463
(A)(1) of section 3721.25 of the Revised Code, or that would tend	22464
to identify such an individual;	22465

(8) Records that identify an individual described in division	22466
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	22467
would tend to identify such an individual;	22468

(9) Test materials, examinations, or evaluation tools used in	22469
an examination for licensure as a nursing home administrator that	22470
the board of ~~examiners~~executives of ~~nursing home administrators~~	22471
long-term services and supports administers under section 4751.04	22472
of the Revised Code or contracts under that section with a private	22473
or government entity to administer;	22474

(10) Information contained in a database established and	22475
maintained pursuant to section 5101.13 of the Revised Code.	22476

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	22477
(C), and (D) of this section, the Ohio facilities construction	22478
commission shall supervise the design and construction of, and	22479
make contracts for the construction, reconstruction, improvement,	22480
enlargement, alteration, repair, or decoration of, any projects or	22481
improvements for the department of natural resources ~~has the~~	22482
~~following powers in addition to its other powers: to prepare, or~~	22483
~~contract to be prepared, surveys, general and detailed plans,~~	22484
~~specifications, bills of materials, and estimates of cost for, to~~	22485
~~enter into contracts for, and to supervise the performance of~~	22486
~~labor, the furnishing of materials, or the construction, repair,~~	22487
~~or maintenance of any projects, improvements, or buildings, on~~	22488
~~lands and waters under the control of the department, as~~that may	22489
be authorized by legislative appropriations or any other funds	22490
available therefor, the estimated cost of which amounts to two	22491
hundred thousand dollars or more or the amount determined pursuant	22492
to section 153.53 of the Revised Code or more.	22493

(B) ~~Except as provided in division (E) of this section, the~~	22494
~~director of natural resources shall publish notice in a newspaper~~	22495
~~of general circulation in the region where the activity for which~~	22496
~~bids are submitted is to occur and in any other newspapers that~~	22497
~~the director determines are appropriate, at least once each week~~	22498
~~for four consecutive weeks, the last publication to be at least~~	22499
~~eight days preceding the day for opening bids, seeking proposals~~	22500
~~on each contract for the performance of labor, the furnishing of~~	22501
~~materials, or the construction, repair, or maintenance of~~	22502
~~projects, improvements, or buildings, as necessary for compliance~~	22503
~~with provisions of the act to make appropriations for capital~~	22504
~~improvements or the act to make general appropriations, and the~~	22505
~~director may also advertise in such trade journals as will afford~~	22506
~~adequate information to the public of the terms of the contract~~	22507
~~and the nature of the work to be performed, together with the time~~	22508
~~of the letting and place and manner of receiving proposals, and~~	22509
~~the places where plans and specifications are on file. A proposal~~	22510
~~is invalid and shall not be considered by the department unless~~	22511
~~the form for proposals specified by the department is used without~~	22512
~~change, alteration, or addition~~The department of natural	22513
resources shall administer the construction of improvements under	22514
an agreement with the supervisors of a soil and water conservation	22515
district pursuant to division (I) of section 1515.08 of the	22516
Revised Code.	22517

(C) ~~Each bidder for a contract for the performance of labor,~~	22518
~~the furnishing of materials, or the maintenance, construction,~~	22519
~~demolition, alteration, repair, or reconstruction of an~~	22520
~~improvement shall meet the requirements of section 153.54 of the~~	22521
~~Revised Code. The director may require each bidder to furnish~~	22522
~~under oath, upon such printed forms as the director may prescribe,~~	22523
~~detailed information with respect to the bidder's financial~~	22524
~~resources, equipment, past performance record, organization~~	22525
~~personnel, and experience, together with such other information as~~	22526
~~the director considers necessary.~~	22527

~~(D) The director shall award the contract to the lowest~~	22528
~~responsive and responsible bidder in accordance with section 9.312~~	22529
~~of the Revised Code. The award shall be made within a reasonable~~	22530
~~time after the date on which the bids were opened, and the~~	22531
~~successful bidder shall enter into a contract within ten days from~~	22532
~~the date the successful bidder is notified that the contract has~~	22533
~~been awarded, or within any longer period that the director~~	22534
~~considers necessary. Nothing in this section shall preclude the~~	22535
~~rejection of any bid the acceptance of which is not in the best~~	22536
~~interests of the state. No contract shall be entered into until~~	22537
~~the bureau of workers' compensation has certified that the~~	22538
~~corporation, partnership, or person awarded the contract has~~	22539
~~complied with Chapter 4123. of the Revised Code and until, if the~~	22540
~~bidder awarded the contract is a foreign corporation, the~~	22541
~~secretary of state has certified that the corporation is~~	22542
~~authorized to do business in this state, and until, if the bidder~~	22543
~~so awarded the contract is a person or partnership nonresident of~~	22544
~~this state, the person or partnership has filed with the secretary~~	22545
~~of state a power of attorney designating the secretary of state as~~	22546
~~its agency for the purpose of accepting service of process.~~	22547

~~(E) With respect to the director's entering into a contract~~	22548
~~for the performance of labor, the furnishing of materials, or the~~	22549
~~construction, repair, or maintenance of any projects,~~	22550
~~improvements, or buildings on lands and waters under the control~~	22551
~~of the department, both of the following apply:~~	22552

~~(1) The director is not required to advertise for and receive~~	22553
~~bids if the total estimated cost of the contract is less than~~	22554
~~twenty-five thousand dollars.~~	22555

~~(2) The director is not required to advertise for bids,~~	22556
~~regardless of the cost of the contract, if the~~(1) The department	22557
of natural resources shall supervise the design and construction	22558
of, and make contracts for the construction, reconstruction,	22559
improvement, enlargement, alteration, repair, or decoration of,	22560
any of the following activities, projects, or improvements:	22561

(a) Dam repairs administered by the division of engineering	22562
under Chapter 1507. of the Revised Code;	22563

(b) Projects or improvements administered by the division of	22564
watercraft and funded through the waterways safety fund	22565
established in section 1547.75 of the Revised Code;	22566

(c) Projects or improvements administered by the division of	22567
wildlife under Chapter 1531. or 1533. of the Revised Code;	22568

(d) Activities conducted by the department pursuant to	22569
section 5511.05 of the Revised Code in order to maintain the	22570
department's roadway inventory.	22571

(2) If a contract to be let under division (C)(1) of this	22572
section involves an exigency that concerns the public health,	22573
safety, or welfare or addresses an emergency situation in which	22574
timeliness is crucial in preventing the cost of the contract from	22575
increasing significantly~~. Regarding such a contract, the director~~	22576
~~may solicit bids by sending a letter to a minimum of three~~	22577
~~contractors in the region where the contract is to be let or by~~	22578
~~any other means that the director considers appropriate.~~	22579

~~(F) The director may insert in any contract awarded under~~	22580
~~this section a clause providing for value engineering change~~	22581
~~proposals, under which a contractor who has been awarded a~~	22582
~~contract may propose a change in the plans and specifications of~~	22583
~~the project that saves the department time or money on the project~~	22584
~~without impairing any of the essential functions and~~	22585
~~characteristics of the project such as service life, reliability,~~	22586
~~economy of operation, ease of maintenance, safety, and necessary~~	22587
~~standardized features. If the director adopts the value~~	22588
~~engineering proposal, the savings from the proposal shall be~~	22589
~~divided between the department and the contractor according to~~	22590
~~guidelines established by the director, provided that the~~	22591
~~contractor shall receive at least fifty per cent of the savings~~	22592
~~from the proposal. The adoption of a value engineering proposal~~	22593
~~does not invalidate the award of the contract or require the~~	22594
~~director to rebid the project.~~	22595

~~(G) When in the opinion of the department the work under any~~	22596
~~contract made under this section or any law of the state is~~	22597
~~neglected by the contractor, the work completed is deficient in~~	22598
~~quality or materials, or the work is not prosecuted with the~~	22599
~~diligence and force specified or intended in the contract, the~~	22600
~~department may require the contractor to provide, at no additional~~	22601
~~expense to the department, any additional labor and materials that~~	22602
~~are necessary to complete the improvements at the level of quality~~	22603
~~and within the time of performance specified in the contract.~~	22604
~~Procedures concerning such a requirement together with its format~~	22605
~~shall be specified in the contract. If the contractor fails to~~	22606
~~comply with the requirement within the period specified in the~~	22607
~~contract, the department may take action to complete the work~~	22608
~~through other means, up to and including termination of the~~	22609
~~contract.~~	22610

~~(H) When an exigency occurs or there is immediate danger of~~	22611
~~an exigency that would materially impair the successful bidding,~~	22612
~~construction, or completion of a project, improvement, or~~	22613
~~building, the director may revise related plans and specifications~~	22614
~~as necessary to address the exigency through the issuance of an~~	22615
~~addendum prior to the opening of bids or, in accordance with~~	22616
~~procedures established in section 153.62 of the Revised Code,~~	22617
~~through the issuance of a change order after the contract has been~~	22618
~~awarded~~, pursuant to the declaration of a public exigency, the	22619
department may award the contract without competitive bidding or	22620
selection as otherwise required by Chapter 153. of the Revised	22621
Code.	22622

(D) The executive director of the Ohio facilities	22623
construction commission may authorize the department of natural	22624
resources to administer any other project or improvement, the	22625
estimated cost of which, including design fees, construction,	22626
equipment, and contingency amounts, is not more than one million	22627
five hundred thousand dollars.	22628

Sec. 1501.45. (A) As used in this section:

22629

(1) "Forfeiture laws" means provisions that are established	22630
in Title XXIX of the Revised Code and that govern the forfeiture	22631
and disposition of certain property that is seized pursuant to a	22632
law enforcement investigation.	22633

(2) "Law enforcement division" means the division of	22634
forestry, the division of natural areas and preserves, the	22635
division of wildlife, the division of parks and recreation, or the	22636
division of watercraft in the department of natural resources.	22637

(3) "Law enforcement fund" means a fund created in this	22638
section.	22639

(B) Except as otherwise provided in this section and	22640
notwithstanding any provision of the Revised Code that is not in	22641
Title XV of the Revised Code to the contrary, the forfeiture laws	22642
apply to a law enforcement division that substantially conducts an	22643
investigation that results in the ordered forfeiture of property	22644
and also apply to the involved forfeiture of property, and the law	22645
enforcement division shall comply with those forfeiture laws.	22646
Accordingly, the portion of the forfeiture laws that authorizes	22647
certain proceeds from forfeited property to be distributed to the	22648
law enforcement agency that substantially conducted the	22649
investigation that resulted in the seizure of the subsequently	22650
forfeited property apply to the law enforcement divisions except	22651
as provided in division (C)(2)(a) of this section. If a law	22652
enforcement division is eligible to receive such proceeds, the	22653
proceeds shall be deposited into the state treasury to the credit	22654
of the applicable law enforcement fund.	22655

(C)(1) There are hereby created in the state treasury ~~the~~	22656
~~division of forestry law enforcement fund, the division of natural~~	22657
~~areas and preserves law enforcement fund,~~ the division of wildlife	22658
law enforcement fund, the division of parks and recreation law	22659
enforcement fund, and the division of watercraft law enforcement	22660
fund. ~~The~~	22661

(2) The funds shall consist of proceeds from forfeited	22662
property that are deposited ~~in accordance with this section. The~~	22663
as follows:	22664

(a) Proceeds from forfeited property resulting from an	22665
investigation conducted by the division of forestry, the division	22666
of natural areas and preserves, or the division of parks and	22667
recreation shall be deposited in the division of parks and	22668
recreation law enforcement fund.	22669

(b) Proceeds from forfeited property resulting from an	22670
investigation conducted by the division of wildlife shall be	22671
deposited in the division of wildlife law enforcement fund.	22672

(c) Proceeds from forfeited property resulting from an	22673
investigation conducted by the division of watercraft shall be	22674
deposited in the division of watercraft law enforcement fund.	22675

(3) The funds shall be used ~~by the applicable law enforcement~~	22676
~~division~~ for law enforcement purposes specified in the forfeiture	22677
laws~~; however, a~~as follows:	22678

(a) Money in the division of parks and recreation law	22679
enforcement fund shall be used by the division of parks and	22680
recreation.	22681

(b) Money in the division of wildlife law enforcement fund	22682
shall be used by the division of wildlife.	22683

(c) Money in the division of watercraft law enforcement fund	22684
shall be used by the division of watercraft.	22685

(4) A law enforcement division shall not use ~~such funds~~its	22686
fund to pay the salaries of its employees or to provide for any	22687
other remuneration of personnel.	22688

(D) If the forfeiture laws conflict with any provisions that	22689
govern forfeitures and that are established in another section of	22690
Title XV of the Revised Code, the provisions established in the	22691
other section of Title XV apply.	22692

Sec. 1509.01. As used in this chapter:

22693

(A) "Well" means any borehole, whether drilled or bored,	22694
within the state for production, extraction, or injection of any	22695
gas or liquid mineral, excluding potable water to be used as such,	22696
but including natural or artificial brines and oil field waters.	22697

(B) "Oil" means crude petroleum oil and all other	22698
hydrocarbons, regardless of gravity, that are produced in liquid	22699
form by ordinary production methods, but does not include	22700
hydrocarbons that were originally in a gaseous phase in the	22701
reservoir.	22702

(C) "Gas" means all ~~natural gas and all other fluid~~	22703
hydrocarbons that are ~~not oil, including condensate~~in a gaseous	22704
state at standard temperature and pressure.	22705

(D) "Condensate" means liquid hydrocarbons separated at or	22706
near the well pad or along the gas production or gathering system	22707
prior to gas processing.	22708

(E) "Pool" means an underground reservoir containing a common	22709
accumulation of oil or gas, or both, but does not include a gas	22710
storage reservoir. Each zone of a geological structure that is	22711
completely separated from any other zone in the same structure may	22712
contain a separate pool.	22713

(F) "Field" means the general area underlaid by one or more	22714
pools.	22715

(G) "Drilling unit" means the minimum acreage on which one	22716
well may be drilled, but does not apply to a well for injecting	22717
gas into or removing gas from a gas storage reservoir.	22718

(H) "Waste" includes all of the following:

22719

(1) Physical waste, as that term generally is understood in	22720
the oil and gas industry;	22721

(2) Inefficient, excessive, or improper use, or the	22722
unnecessary dissipation, of reservoir energy;	22723

(3) Inefficient storing of oil or gas;

22724

(4) Locating, drilling, equipping, operating, or producing an	22725
oil or gas well in a manner that reduces or tends to reduce the	22726
quantity of oil or gas ultimately recoverable under prudent and	22727
proper operations from the pool into which it is drilled or that	22728
causes or tends to cause unnecessary or excessive surface loss or	22729
destruction of oil or gas;	22730

(5) Other underground or surface waste in the production or	22731
storage of oil, gas, or condensate, however caused.	22732

(I) "Correlative rights" means the reasonable opportunity to	22733
every person entitled thereto to recover and receive the oil and	22734
gas in and under the person's tract or tracts, or the equivalent	22735
thereof, without having to drill unnecessary wells or incur other	22736
unnecessary expense.	22737

(J) "Tract" means a single, individually taxed parcel of land	22738
appearing on the tax list.	22739

(K) "Owner," unless referring to a mine, means the person who	22740
has the right to drill on a tract or drilling unit, to drill into	22741
and produce from a pool, and to appropriate the oil or gas	22742
produced therefrom either for the person or for others, except	22743
that a person ceases to be an owner with respect to a well when	22744
the well has been plugged in accordance with applicable rules	22745
adopted and orders issued under this chapter. "Owner" does not	22746
include a person who obtains a lease of the mineral rights for oil	22747
and gas on a parcel of land if the person does not attempt to	22748
produce or produce oil or gas from a well or obtain a permit under	22749
this chapter for a well or if the entire interest of a well is	22750
transferred to the person in accordance with division (B) of	22751
section 1509.31 of the Revised Code.	22752

(L) "Royalty interest" means the fee holder's share in the	22753
production from a well.	22754

(M) "Discovery well" means the first well capable of	22755
producing oil or gas in commercial quantities from a pool.	22756

(N) "Prepared clay" means a clay that is plastic and is	22757
thoroughly saturated with fresh water to a weight and consistency	22758
great enough to settle through saltwater in the well in which it	22759
is to be used, except as otherwise approved by the chief of the	22760
division of oil and gas resources management.	22761

(O) "Rock sediment" means the combined cutting and residue	22762
from drilling sedimentary rocks and formation.	22763

(P) "Excavations and workings," "mine," and "pillar" have the	22764
same meanings as in section 1561.01 of the Revised Code.	22765

(Q) "Coal bearing township" means a township designated as	22766
such by the chief of the division of mineral resources management	22767
under section 1561.06 of the Revised Code.	22768

(R) "Gas storage reservoir" means a continuous area of a	22769
subterranean porous sand or rock stratum or strata into which gas	22770
is or may be injected for the purpose of storing it therein and	22771
removing it therefrom and includes a gas storage reservoir as	22772
defined in section 1571.01 of the Revised Code.	22773

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	22774
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	22775
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	22776
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	22777
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	22778
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	22779
regulations adopted under those acts.	22780

(T) "Person" includes any political subdivision, department,	22781
agency, or instrumentality of this state; the United States and	22782
any department, agency, or instrumentality thereof; and any legal	22783
entity defined as a person under section 1.59 of the Revised Code.	22784

(U) "Brine" means all saline geological formation water	22785
resulting from, obtained from, or produced in connection with	22786
exploration, drilling, well stimulation, production of oil or gas,	22787
or plugging of a well.	22788

(V) "Waters of the state" means all streams, lakes, ponds,	22789
marshes, watercourses, waterways, springs, irrigation systems,	22790
drainage systems, and other bodies of water, surface or	22791
underground, natural or artificial, that are situated wholly or	22792
partially within this state or within its jurisdiction, except	22793
those private waters that do not combine or effect a junction with	22794
natural surface or underground waters.	22795

(W) "Exempt Mississippian well" means a well that meets all	22796
of the following criteria:	22797

(1) Was drilled and completed before January 1, 1980;

22798

(2) Is located in an unglaciated part of the state;

22799

(3) Was completed in a reservoir no deeper than the	22800
Mississippian Big Injun sandstone in areas underlain by	22801
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	22802
sandstone in areas directly underlain by Permian stratigraphy;	22803

(4) Is used primarily to provide oil or gas for domestic use.

22804

(X) "Exempt domestic well" means a well that meets all of the	22805
following criteria:	22806

(1) Is owned by the owner of the surface estate of the tract	22807
on which the well is located;	22808

(2) Is used primarily to provide gas for the owner's domestic	22809
use;	22810

(3) Is located more than two hundred feet horizontal distance	22811
from any inhabited private dwelling house other than an inhabited	22812
private dwelling house located on the tract on which the well is	22813
located;	22814

(4) Is located more than two hundred feet horizontal distance	22815
from any public building that may be used as a place of resort,	22816
assembly, education, entertainment, lodging, trade, manufacture,	22817
repair, storage, traffic, or occupancy by the public.	22818

(Y) "Urbanized area" means an area where a well or production	22819
facilities of a well are located within a municipal corporation or	22820
within a township that has an unincorporated population of more	22821
than five thousand in the most recent federal decennial census	22822
prior to the issuance of the permit for the well or production	22823
facilities.	22824

(Z) "Well stimulation" or "stimulation of a well" means the	22825
process of enhancing well productivity, including hydraulic	22826
fracturing operations.	22827

(AA) "Production operation" means all operations and	22828
activities and all related equipment, facilities, and other	22829
structures that may be used in or associated with the exploration	22830
and production of oil, gas, or other mineral resources that are	22831
regulated under this chapter, including operations and activities	22832
associated with site preparation, site construction, access road	22833
construction, well drilling, well completion, well stimulation,	22834
well site activities, reclamation, and plugging. "Production	22835
operation" also includes all of the following:	22836

(1) The piping, equipment, and facilities used for the	22837
production and preparation of hydrocarbon gas or liquids for	22838
transportation or delivery;	22839

(2) The processes of extraction and recovery, lifting,	22840
stabilization, treatment, separation, production processing,	22841
storage, waste disposal, and measurement of hydrocarbon gas and	22842
liquids, including related equipment and facilities;	22843

(3) The processes and related equipment and facilities	22844
associated with production compression, gas lift, gas injection,	22845
fuel gas supply, well drilling, well stimulation, and well	22846
completion activities, including dikes, pits, and earthen and	22847
other impoundments used for the temporary storage of fluids and	22848
waste substances associated with well drilling, well stimulation,	22849
and well completion activities.	22850

(BB) "Annular overpressurization" means the accumulation of	22851
fluids within an annulus with sufficient pressure to allow	22852
migration of annular fluids into underground sources of drinking	22853
water.	22854

(CC) "Idle and orphaned well" means a well for which a bond	22855
has been forfeited or an abandoned well for which no money is	22856
available to plug the well in accordance with this chapter and	22857
rules adopted under it.	22858

(DD) "Temporarily inactive well" means a well that has been	22859
granted temporary inactive status under section 1509.062 of the	22860
Revised Code.	22861

(EE) "Material and substantial violation" means any of the	22862
following:	22863

(1) Failure to obtain a permit to drill, reopen, convert,	22864
plugback, or plug a well under this chapter;	22865

(2) Failure to obtain, maintain, update, or submit proof of	22866
insurance coverage that is required under this chapter;	22867

(3) Failure to obtain, maintain, update, or submit proof of a	22868
surety bond that is required under this chapter;	22869

(4) Failure to plug an abandoned well or idle and orphaned	22870
well unless the well has been granted temporary inactive status	22871
under section 1509.062 of the Revised Code or the chief of the	22872
division of oil and gas resources management has approved another	22873
option concerning the abandoned well or idle and orphaned well;	22874

(5) Failure to restore a disturbed land surface as required	22875
by section 1509.072 of the Revised Code;	22876

(6) Failure to reimburse the oil and gas well fund pursuant	22877
to a final order issued under section 1509.071 of the Revised	22878
Code;	22879

(7) Failure to comply with a final nonappealable order of the	22880
chief issued under section 1509.04 of the Revised Code;	22881

(8) Failure to submit a report, test result, fee, or document	22882
that is required in this chapter or rules adopted under it.	22883

(FF) "Severer" has the same meaning as in section 5749.01 of	22884
the Revised Code.	22885

(GG) "Horizontal well" means a well that is drilled for the	22886
production of oil or gas in which the wellbore reaches a	22887
horizontal or near horizontal position in the Point Pleasant,	22888
Utica, or Marcellus formation and the well is stimulated.	22889

(HH) "Well pad" means the area that is cleared or prepared	22890
for the drilling of one or more horizontal wells.	22891

(II) "British thermal unit" means the measure of heat energy	22892
required to raise the temperature of one pound of water by one	22893
degree fahrenheit at a specified temperature.	22894

Sec. 1509.02. There is hereby created in the department of	22895
natural resources the division of oil and gas resources	22896
management, which shall be administered by the chief of the	22897
division of oil and gas resources management. The division has	22898
sole and exclusive authority to regulate the permitting, location,	22899
and spacing of oil and gas wells and production operations within	22900
the state, excepting only those activities regulated under federal	22901
laws for which oversight has been delegated to the environmental	22902
protection agency and activities regulated under sections 6111.02	22903
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	22904
and gas activities is a matter of general statewide interest that	22905
requires uniform statewide regulation, and this chapter and rules	22906
adopted under it constitute a comprehensive plan with respect to	22907
all aspects of the locating, drilling, well stimulation,	22908
completing, and operating of oil and gas wells within this state,	22909
including site construction and restoration, permitting related to	22910
those activities, and the disposal of wastes from those wells. In	22911
order to assist the division in the furtherance of its sole and	22912
exclusive authority as established in this section, the chief may	22913
enter into cooperative agreements with other state agencies for	22914
advice and consultation, including visitations at the surface	22915
location of a well on behalf of the division. Such cooperative	22916
agreements do not confer on other state agencies any authority to	22917
administer or enforce this chapter and rules adopted under it. In	22918
addition, such cooperative agreements shall not be construed to	22919
dilute or diminish the division's sole and exclusive authority as	22920
established in this section. Nothing in this section affects the	22921
authority granted to the director of transportation and local	22922
authorities in section 723.01 or 4513.34 of the Revised Code,	22923
provided that the authority granted under those sections shall not	22924
be exercised in a manner that discriminates against, unfairly	22925
impedes, or obstructs oil and gas activities and operations	22926
regulated under this chapter.	22927

The chief shall not hold any other public office, nor shall	22928
the chief be engaged in any occupation or business that might	22929
interfere with or be inconsistent with the duties as chief.	22930

All moneys collected by the chief pursuant to sections	22931
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	22932
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent	22933
of moneys received by the treasurer of state from the tax levied	22934
in divisions (A)(5) and (6) of section 5749.02 of the Revised	22935
Code, all civil penalties paid under section 1509.33 of the	22936
Revised Code, and, notwithstanding any section of the Revised Code	22937
relating to the distribution or crediting of fines for violations	22938
of the Revised Code, all fines imposed under divisions (A) and (B)	22939
of section 1509.99 of the Revised Code and fines imposed under	22940
divisions (C) and (D) of section 1509.99 of the Revised Code for	22941
all violations prosecuted by the attorney general and for	22942
violations prosecuted by prosecuting attorneys that do not involve	22943
the transportation of brine by vehicle shall be deposited into the	22944
state treasury to the credit of the oil and gas well fund, which	22945
is hereby created. Fines imposed under divisions (C) and (D) of	22946
section 1509.99 of the Revised Code for violations prosecuted by	22947
prosecuting attorneys that involve the transportation of brine by	22948
vehicle and penalties associated with a compliance agreement	22949
entered into pursuant to this chapter shall be paid to the county	22950
treasury of the county where the violation occurred.	22951

The fund shall be used solely and exclusively for the	22952
purposes enumerated in division (B) of section 1509.071 of the	22953
Revised Code, for the expenses of the division associated with the	22954
administration of this chapter and Chapter 1571. of the Revised	22955
Code and rules adopted under them, and for expenses that are	22956
critical and necessary for the protection of human health and	22957
safety and the environment related to oil and gas production in	22958
this state. The expenses of the division in excess of the moneys	22959
available in the fund shall be paid from general revenue fund	22960
appropriations to the department.	22961

Sec. 1509.062. (A)(1) The owner of a well that has not been	22962
completed, a well that has not produced within one year after	22963
completion, or an existing well that is not a horizontal well and	22964
that has no reported production for two consecutive reporting	22965
periods as reported in accordance with section 1509.11 of the	22966
Revised Code, or an existing horizontal well that has no reported	22967
production for eight consecutive reporting periods as reported in	22968
accordance with section 1509.11 of the Revised Code shall plug the	22969
well in accordance with section 1509.12 of the Revised Code,	22970
obtain temporary inactive well status for the well in accordance	22971
with this section, or perform another activity regarding the well	22972
that is approved by the chief of the division of oil and gas	22973
resources management.	22974

(2) If a well has a reported annual production that is less	22975
than one hundred thousand cubic feet of natural gas or fifteen	22976
barrels of crude oil, or a combination thereof, the chief may	22977
require the owner of the well to submit an application for	22978
temporary inactive well status under this section for the well.	22979

(B) In order for the owner of a well to submit an application	22980
for temporary inactive well status for the well under this	22981
division, the owner and the well shall be in compliance with this	22982
chapter and rules adopted under it, any terms and conditions of	22983
the permit for the well, and applicable orders issued by the	22984
chief. An application for temporary inactive status for a well	22985
shall be submitted to the chief on a form prescribed and provided	22986
by the chief and shall contain all of the following:	22987

(1) The owner's name and address and, if the owner is a	22988
corporation, the name and address of the corporation's statutory	22989
agent;	22990

(2) The signature of the owner or of the owner's authorized	22991
agent. When an authorized agent signs an application, the	22992
application shall be accompanied by a certified copy of the	22993
appointment as such agent.	22994

(3) The permit number assigned to the well. If the well has	22995
not been assigned a permit number, the chief shall assign a permit	22996
number to the well.	22997

(4) A map, on a scale not smaller than four hundred feet to	22998
the inch, that shows the location of the well and the tank	22999
battery, that includes the latitude and longitude of the well, and	23000
that contains all other data that are required by the chief;	23001

(5) A demonstration that the well is of future utility and	23002
that the applicant has a viable plan to utilize the well within a	23003
reasonable period of time;	23004

(6) A demonstration that the well poses no threat to the	23005
health or safety of persons, property, or the environment;	23006

(7) Any other relevant information that the chief prescribes	23007
by rule.	23008

The chief may waive any of the requirements established in	23009
divisions (B)(1) to (6) of this section if the division of oil and	23010
gas resources management possesses a current copy of the	23011
information or document that is required in the applicable	23012
division.	23013

(C) Upon receipt of an application for temporary inactive	23014
well status, the chief shall review the application and shall	23015
either deny the application by issuing an order or approve the	23016
application. The chief shall approve the application only if the	23017
chief determines that the well that is the subject of the	23018
application poses no threat to the health or safety of persons,	23019
property, or the environment. If the chief approves the	23020
application, the chief shall notify the applicant of the chief's	23021
approval. Upon receipt of the chief's approval, the owner shall	23022
shut in the well and empty all liquids and gases from all storage	23023
tanks, pipelines, and other equipment associated with the well. In	23024
addition, the owner shall maintain the well, other equipment	23025
associated with the well, and the surface location of the well in	23026
a manner that prevents hazards to the health and safety of people	23027
and the environment. The owner shall inspect the well at least	23028
every six months and submit to the chief within fourteen days	23029
after the inspection a record of inspection on a form prescribed	23030
and provided by the chief.	23031

(D) Not later than thirty days prior to the expiration of	23032
temporary inactive well status or a renewal of temporary inactive	23033
well status approved by the chief for a well, the owner of the	23034
well may submit to the chief an application for renewal of the	23035
temporary inactive well status on a form prescribed and provided	23036
by the chief. The application shall include a detailed plan that	23037
describes the ultimate disposition of the well, the time frames	23038
for that disposition, and any other information that the chief	23039
determines is necessary. The chief shall either deny an	23040
application by order or approve the application. If the chief	23041
approves the application, the chief shall notify the owner of the	23042
well of the chief's approval.	23043

(E) An application for temporary inactive well status shall	23044
be accompanied by a nonrefundable fee of one hundred dollars. An	23045
application for a renewal of temporary inactive well status shall	23046
be accompanied by a nonrefundable fee of two hundred fifty dollars	23047
for the first renewal and five hundred dollars for each subsequent	23048
renewal.	23049

(F) After a third renewal, the chief may require an owner to	23050
provide a surety bond in an amount not to exceed ten thousand	23051
dollars for each of the owner's wells that has been approved by	23052
the chief for temporary inactive well status.	23053

(G) Temporary inactive well status approved by the chief	23054
expires one year after the date of approval of the application for	23055
temporary inactive well status or production from the well	23056
commences, whichever occurs sooner. In addition, a renewal of a	23057
temporary inactive well status expires one year after the	23058
expiration date of the initial temporary inactive well status or	23059
one year after the expiration date of the previous renewal of the	23060
temporary inactive well status, as applicable, or production from	23061
the well commences, whichever occurs sooner.	23062

(H) The owner of a well that has been approved by the chief	23063
for temporary inactive well status may commence production from	23064
the well at any time. Not later than sixty days after the	23065
commencement of production from such a well, the owner shall	23066
notify the chief of the commencement of production.	23067

(I) This chapter and rules adopted under it, any terms and	23068
conditions of the permit for a well, and applicable orders issued	23069
by the chief apply to a well that has been approved by the chief	23070
for temporary inactive well status or renewal of that status.	23071

Sec. 1509.10. (A) Any person drilling within the state	23072
shall, within sixty days after the completion of drilling	23073
operations to the proposed total depth or after a determination	23074
that a well is a dry or lost hole, file with the division of oil	23075
and gas resources management all wireline electric logs and an	23076
accurate well completion record on a form that is prescribed by	23077
the chief of the division of oil and gas resources management that	23078
designates:	23079

(1) The purpose for which the well was drilled;

23080

(2) The character, depth, and thickness of geological units	23081
encountered, including coal seams, mineral beds, associated fluids	23082
such as fresh water, brine, and crude oil, natural gas, and sour	23083
gas, if such seams, beds, fluids, or gases are known;	23084

(3) The dates on which drilling operations were commenced and	23085
completed;	23086

(4) The types of drilling tools used and the name of the	23087
person that drilled the well;	23088

(5) The length in feet of the various sizes of casing and	23089
tubing used in drilling the well, the amount removed after	23090
completion, the type and setting depth of each packer, all other	23091
data relating to cementing in the annular space behind such casing	23092
or tubing, and data indicating completion as a dry, gas, oil,	23093
combination oil and gas, brine injection, or artificial brine well	23094
or a stratigraphic test;	23095

(6) The number of perforations in the casing and the	23096
intervals of the perforations;	23097

(7) The elevation above mean sea level of the point from	23098
which the depth measurements were made, stating also the height of	23099
the point above ground level at the well, the total depth of the	23100
well, and the deepest geological unit that was penetrated in the	23101
drilling of the well;	23102

(8) If applicable, the type, volume, and concentration of	23103
acid, and the date on which acid was used in acidizing the well;	23104

(9)(a) If applicable, the trade name and the total amount of	23105
all products, fluids, and substances, and the supplier of each	23106
product, fluid, or substance, not including cement and its	23107
constituents and lost circulation materials, intentionally added	23108
to facilitate the drilling of any portion of the well until the	23109
surface casing is set and properly sealed. The owner shall	23110
identify each additive used and provide a brief description of the	23111
purpose for which the additive is used. In addition, the owner	23112
shall include a list of all chemicals, not including any	23113
information that is designated as a trade secret pursuant to	23114
division (I)(1) of this section, intentionally added to all	23115
products, fluids, or substances and include each chemical's	23116
corresponding chemical abstracts service number and the maximum	23117
concentration of each chemical. The owner shall obtain the	23118
chemical information, not including any information that is	23119
designated as a trade secret pursuant to division (I)(1) of this	23120
section, from the company that drilled the well, provided service	23121
at the well, or supplied the chemicals. If the company that	23122
drilled the well, provided service at the well, or supplied the	23123
chemicals provides incomplete or inaccurate chemical information,	23124
the owner shall make reasonable efforts to obtain the required	23125
information from the company or supplier.	23126

(b) For purposes of division (A)(9)(a) of this section, if	23127
recycled fluid was used, the total volume of recycled fluid and	23128
the well that is the source of the recycled fluid or the	23129
centralized facility that is the source of the recycled fluid.	23130

(10)(a) If applicable, the type and volume of fluid, not	23131
including cement and its constituents or information that is	23132
designated as a trade secret pursuant to division (I)(1) of this	23133
section, used to stimulate the reservoir of the well, the	23134
reservoir breakdown pressure, the method used for the containment	23135
of fluids recovered from the fracturing of the well, the methods	23136
used for the containment of fluids when pulled from the wellbore	23137
from swabbing the well, the average pumping rate of the well, and	23138
the name of the person that performed the well stimulation. In	23139
addition, the owner shall include a copy of the log from the	23140
stimulation of the well, a copy of the invoice for each of the	23141
procedures and methods described in division (A)(10) of this	23142
section that were used on a well, and a copy of the pumping	23143
pressure and rate graphs. However, the owner may redact from the	23144
copy of each invoice that is required to be included under	23145
division (A)(10) of this section the costs of and charges for the	23146
procedures and methods described in division (A)(10) of this	23147
section that were used on a well.	23148

(b) If applicable, the trade name and the total volume of all	23149
products, fluids, and substances, and the supplier of each	23150
product, fluid, or substance used to stimulate the well. The owner	23151
shall identify each additive used, provide a brief description of	23152
the purpose for which the additive is used, and include the	23153
maximum concentration of the additive used. In addition, the owner	23154
shall include a list of all chemicals, not including any	23155
information that is designated as a trade secret pursuant to	23156
division (I)(1) of this section, intentionally added to all	23157
products, fluids, or substances and include each chemical's	23158
corresponding chemical abstracts service number and the maximum	23159
concentration of each chemical. The owner shall obtain the	23160
chemical information, not including any information that is	23161
designated as a trade secret pursuant to division (I)(1) of this	23162
section, from the company that stimulated the well or supplied the	23163
chemicals. If the company that stimulated the well or supplied the	23164
chemicals provides incomplete or inaccurate chemical information,	23165
the owner shall make reasonable efforts to obtain the required	23166
information from the company or supplier.	23167

(c) For purposes of division (A)(10)(b) of this section, if	23168
recycled fluid was used, the total volume of recycled fluid and	23169
the well that is the source of the recycled fluid or the	23170
centralized facility that is the source of the recycled fluid.	23171

(11) The name of the company that performed the logging of	23172
the well and the types of wireline electric logs performed on the	23173
well.	23174

The well completion record shall be submitted in duplicate.	23175
The first copy shall be retained as a permanent record in the	23176
files of the division, and the second copy shall be transmitted by	23177
the chief to the division of geological survey.	23178

(B)(1) Not later than sixty days after the completion of the	23179
drilling operations to the proposed total depth, the owner shall	23180
file all wireline electric logs with the division of oil and gas	23181
resources management and the chief shall transmit such logs	23182
electronically, if available, to the division of geological	23183
survey. Such logs may be retained by the owner for a period of not	23184
more than six months, or such additional time as may be granted by	23185
the chief in writing, after the completion of the well	23186
substantially to the depth shown in the application required by	23187
section 1509.06 of the Revised Code.	23188

(2) If a well is not completed within sixty days after the	23189
completion of drilling operations, the owner shall file with the	23190
division of oil and gas resources management a supplemental well	23191
completion record that includes all of the information required	23192
under this section within sixty days after the completion of the	23193
well.	23194

(3) After a well is initially completed and stimulated and	23195
until the well is plugged, the owner shall report, on a form	23196
prescribed by the chief, all materials placed into the formation	23197
to refracture, restimulate, or newly complete the well. The owner	23198
shall submit the information within sixty days after completing	23199
the refracturing, restimulation, or new completion. In addition,	23200
the owner shall report the information required in divisions	23201
(A)(10)(a) to (c) of this section, as applicable, in a manner	23202
consistent with the requirements established in this section.	23203

(C) Upon request in writing by the chief of the division of	23204
geological survey prior to the beginning of drilling of the well,	23205
the person drilling the well shall make available a complete set	23206
of cuttings accurately identified as to depth.	23207

(D) The form of the well completion record required by this	23208
section shall be one that has been prescribed by the chief of the	23209
division of oil and gas resources management and the chief of the	23210
division of geological survey. The filing of a log as required by	23211
this section fulfills the requirement of filing a log with the	23212
chief of the division of geological survey in section 1505.04 of	23213
the Revised Code.	23214

(E) If a material listed or designated under division (A)(9)	23215
or (10) or (B)(3) of this section is a material for which the	23216
division of oil and gas resources management does not have a	23217
material safety data sheet, the owner shall provide a copy of the	23218
material safety data sheet for the material to the chief.	23219

(F) An owner shall submit to the chief the information that	23220
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	23221
section consistent with the requirements established in this	23222
section using one of the following methods:	23223

(1) On a form prescribed by the chief;

23224

(2) Through the chemical disclosure registry that is	23225
maintained by the ground water protection council and the	23226
interstate oil and gas compact commission;	23227

(3) Any other means approved by the chief.

23228

(G) The chief shall post on the division's web site each	23229
material safety data sheet obtained under division (E) of this	23230
section. In addition, the chief shall make available through the	23231
division's web site the chemical information that is required by	23232
divisions (A)(9) and (10) and (B)(3) of this section.	23233

(H)(1) If a medical professional, in order to assist in the	23234
diagnosis or treatment of an individual who was affected by an	23235
incident associated with the production operations of a well,	23236
requests the exact chemical composition of each product, fluid, or	23237
substance and of each chemical component in a product, fluid, or	23238
substance that is designated as a trade secret pursuant to	23239
division (I) of this section, the person claiming the trade secret	23240
protection pursuant to that division shall provide to the medical	23241
professional the exact chemical composition of the product, fluid,	23242
or substance and of the chemical component in a product, fluid, or	23243
substance that is requested.	23244

(2) A medical professional who receives information pursuant	23245
to division (H)(1) of this section shall keep the information	23246
confidential and shall not disclose the information for any	23247
purpose that is not related to the diagnosis or treatment of an	23248
individual who was affected by an incident associated with the	23249
production operations of a well. Nothing in division (H)(2) of	23250
this section precludes a medical professional from making any	23251
report required by law or professional ethical standards.	23252

(I)(1) The owner of a well who is required to submit a well	23253
completion record under division (A) of this section or a report	23254
under division (B)(3) of this section or a person that provides	23255
information to the owner as described in and for purposes of	23256
division (A)(9) or (10) or (B)(3) of this section may designate	23257
without disclosing on a form prescribed by the chief and withhold	23258
from disclosure to the chief the identity, amount, concentration,	23259
or purpose of a product, fluid, or substance or of a chemical	23260
component in a product, fluid, or substance as a trade secret. The	23261
owner or person may pursue enforcement of any rights or remedies	23262
established in sections 1333.61 to 1333.69 of the Revised Code for	23263
misappropriation, as defined in section 1333.61 of the Revised	23264
Code, with respect to the identity, amount, concentration, or	23265
purpose of a product, fluid, or substance or a chemical component	23266
in a product, fluid, or substance designated as a trade secret	23267
pursuant to division (I)(1) of this section. The division shall	23268
not disclose information regarding the identity, amount,	23269
concentration, or purpose of any product, fluid, or substance or	23270
of any chemical component in a product, fluid, or substance	23271
designated as a trade secret pursuant to division (I)(1) of this	23272
section.	23273

(2) A property owner, an adjacent property owner, or any	23274
person or agency of this state having an interest that is or may	23275
be adversely affected by a product, fluid, or substance or by a	23276
chemical component in a product, fluid, or substance may commence	23277
a civil action in the court of common pleas of Franklin county	23278
against an owner or person described in division (I)(1) of this	23279
section challenging the owner's or person's claim to entitlement	23280
to trade secret protection for the specific identity, amount,	23281
concentration, or purpose of a product, fluid, or substance or of	23282
a chemical component in a product, fluid, or substance pursuant to	23283
division (I)(1) of this section. A person who commences a civil	23284
action pursuant to division (I)(2) of this section shall provide	23285
notice to the chief in a manner prescribed by the chief. In the	23286
civil action, the court shall conduct an in camera review of	23287
information submitted by an owner or person described in division	23288
(I)(1) of this section to determine if the identity, amount,	23289
concentration, or purpose of a product, fluid, or substance or of	23290
a chemical component in a product, fluid, or substance pursuant to	23291
division (I)(1) of this section is entitled to trade secret	23292
protection.	23293

(J)(1) Except for any information that is designated as a	23294
trade secret pursuant to division (I)(1) of this section and	23295
except as provided in division (J)(2) of this section, the owner	23296
of a well shall maintain records of all chemicals placed in a well	23297
for a period of not less than two years after the date on which	23298
each such chemical was placed in the well. The chief may inspect	23299
the records at any time concerning any such chemical.	23300

(2) An owner or person who has designated the identity,	23301
amount, concentration, or purpose of a product, fluid, or	23302
substance or of a chemical component in a product, fluid, or	23303
substance as a trade secret pursuant to division (I)(1) of this	23304
section shall maintain the records for such a product, fluid, or	23305
substance or for a chemical component in a product, fluid, or	23306
substance for a period of not less than two years after the date	23307
on which each such product, fluid, or substance or each such	23308
chemical component in a product, fluid, or substance was placed in	23309
the well. Upon the request of the chief, the owner or person, as	23310
applicable, shall disclose the records to the chief if the	23311
information is necessary to respond to a spill, release, or	23312
investigation. However, the chief shall not disclose the	23313
information that is designated as a trade secret.	23314

(K)(1) For purposes of correcting inaccuracies and	23315
incompleteness in chemical information required by divisions	23316
(A)(9) and (10) and (B)(3) of this section, an owner shall be	23317
considered in substantial compliance if the owner has made	23318
reasonable efforts to obtain the required information from the	23319
supplier.	23320

(2) For purposes of reporting under this section, an owner is	23321
not required to report chemicals that occur incidentally or in	23322
trace amounts.	23323

(L) As used in this section, the term "material safety data	23324
sheet" shall conform to any revision of or change in the term by	23325
the occupational safety and health administration in the United	23326
States department of labor.	23327

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	23328
a horizontal well, that is producing or capable of producing oil	23329
or gas shall file with the chief of the division of oil and gas	23330
resources management, on or before the thirty-first day of March,	23331
a statement of production of oil, gas, and brine for the last	23332
preceding calendar year in such form as the chief may prescribe.	23333
An owner that has more than one hundred such wells in this state	23334
shall submit electronically the statement of production in a	23335
format that is approved by the chief. The chief shall include on	23336
the form, at the minimum, a request for the submittal of the	23337
information that a person who is regulated under this chapter is	23338
required to submit under the "Emergency Planning and Community	23339
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	23340
regulations adopted under it, and that the division of oil and gas	23341
resources management does not obtain through other reporting	23342
mechanisms.	23343

(2) The owner of any horizontal well that is producing or	23344
capable of producing oil or gas shall file with the chief, on or	23345
before the fifteenth day of the month following the close of each	23346
calendar quarter, a statement of production of oil, gas,	23347
condensate, and brine for the preceding calendar quarter in a form	23348
that the chief prescribes. In addition, the statement of	23349
production shall include the api gravity of the oil according to	23350
the standards for determining density of oil as established by the	23351
American petroleum institute in the Manual of Petroleum	23352
Measurement Standards and the British thermal unit measurement of	23353
the gas. An owner that has more than one hundred horizontal wells	23354
in this state shall submit electronically the statement of	23355
production in a format that is approved by the chief. The chief	23356
shall include on the form, at a minimum, a request for the	23357
submittal of the information that a person who is regulated under	23358
this chapter is required to submit under the "Emergency Planning	23359
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42	23360
U.S.C. 11001, and regulations adopted under it, and that the	23361
division does not obtain through other reporting mechanisms.	23362

(B) The chief shall not disclose information received from	23363
the department of taxation under division (C)(12) of section	23364
5703.21 of the Revised Code until the related statement of	23365
production required by division (A) of this section is filed with	23366
the chief.	23367

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	23368
assessment is hereby imposed by this section on an owner. An owner	23369
shall pay the assessment in the same manner as a severer who is	23370
required to file a return under section 5749.06 of the Revised	23371
Code. However, an owner may designate a severer who shall pay the	23372
owner's assessment on behalf of the owner on the return that the	23373
severer is required to file under that section. If a severer so	23374
pays an owner's assessment, the severer may recoup from the owner	23375
the amount of the assessment. Except for an exempt domestic well,	23376
the assessment imposed shall be in addition to the taxes levied on	23377
the severance of oil and gas under section 5749.02 of the Revised	23378
Code.	23379

(B)(1) Except for an exempt domestic well, the oil and gas	23380
regulatory cost recovery assessment shall be calculated on a	23381
quarterly basis and shall be one of the following:	23382

(a) If the sum of ten cents per barrel of oil for all of the	23383
wells of the owner, one-half of one cent per one thousand cubic	23384
feet of natural gas for all of the wells of the owner, and the	23385
amount of the severance tax levied on each severer for all of the	23386
wells of the owner under divisions (A)(5) and (6) of section	23387
5749.02 of the Revised Code, as applicable, is greater than the	23388
sum of fifteen dollars for each well owned by the owner, the	23389
amount of the assessment is the sum of ten cents per barrel of oil	23390
for all of the wells of the owner and one-half of one cent per one	23391
thousand cubic feet of natural gas for all of the wells of the	23392
owner.	23393

(b) If the sum of ten cents per barrel of oil for all of the	23394
wells of the owner, one-half of one cent per one thousand cubic	23395
feet of natural gas for all of the wells of the owner, and the	23396
amount of the severance tax levied on each severer for all of the	23397
wells of the owner under divisions (A)(5) and (6) of section	23398
5749.02 of the Revised Code, as applicable, is less than the sum	23399
of fifteen dollars for each well owned by the owner, the amount of	23400
the assessment is the sum of fifteen dollars for each well owned	23401
by the owner less the amount of the tax levied on each severer for	23402
all of the wells of the owner under divisions (A)(5) and (6) of	23403
section 5749.02 of the Revised Code, as applicable.	23404

(2) The oil and gas regulatory cost recovery assessment for a	23405
well that becomes an exempt domestic well on and after June 30,	23406
2010, shall be sixty dollars to be paid to the division of oil and	23407
gas resources management on the first day of July of each year.	23408

(C) All money collected pursuant to this section shall be	23409
~~deposited in the state treasury to the credit of~~credited to the	23410
severance tax receipts fund. After the director of budget and	23411
management transfers money from the severance tax receipts fund as	23412
required in division (H) of section 5749.06 of the Revised Code,	23413
money in the severance tax receipts fund from amounts collected	23414
pursuant to this section shall be credited to the oil and gas well	23415
fund created in section 1509.02 of the Revised Code.	23416

(D) Except for purposes of revenue distribution as specified	23417
in division (B) of section 5749.02 of the Revised Code, the oil	23418
and gas regulatory cost recovery assessment imposed by this	23419
section shall be treated the same and equivalent for all purposes	23420
as the taxes levied on the severance of oil and gas under that	23421
section. However, the assessment imposed by this section is not a	23422
tax under Chapter 5749. of the Revised Code.	23423

Sec. 1509.73. (A)(1) Beginning on ~~the effective date of this~~	23424
~~section~~September 30, 2011, and ending on the effective date of	23425
the rules adopted under section 1509.74 of the Revised Code, a	23426
state agency, in consultation with the oil and gas leasing	23427
commission, may lease a formation within a parcel of land that is	23428
owned or controlled by the state agency for the exploration for	23429
and development and production of oil or natural gas. The state	23430
agency shall establish bid fees, signing fees, rentals, and at	23431
least a one-eighth landowner royalty. On and after the effective	23432
date of the rules adopted under section 1509.74 of the Revised	23433
Code, a formation within a parcel of land that is owned or	23434
controlled by a state agency may be leased for the exploration for	23435
and development and production of oil or natural gas only in	23436
accordance with divisions (A)(2) to (H) of this section and those	23437
rules.	23438

(2) Not earlier than two hundred seventy days after ~~the~~	23439
~~effective date of this section~~September 30, 2011, a person that	23440
is an owner and that is interested in leasing a formation within a	23441
parcel of land that is owned or controlled by a state agency for	23442
the exploration for and the development and production of oil or	23443
natural gas may submit to the oil and gas leasing commission a	23444
nomination that identifies the parcel of land. A person submitting	23445
a nomination shall submit it in the manner and form established in	23446
rules adopted under section 1509.74 of the Revised Code and shall	23447
include with the nomination both of the following:	23448

(a) The information required by those rules;

23449

(b) The nomination fee established in those rules.

23450

(B)(1) Not less than thirty days, but not more than one	23451
hundred twenty days following the receipt of a nomination of a	23452
parcel of land, the commission shall conduct a meeting for the	23453
purpose of determining whether to approve or disapprove the	23454
nomination for the purpose of leasing a formation within the	23455
parcel of land that is identified in the nomination. The	23456
commission also shall review the nomination of the parcel of land	23457
and determine if the parcel of land has been classified under	23458
section 1509.72 of the Revised Code. If the parcel of land that is	23459
the subject of the nomination has not been classified, the	23460
commission immediately shall send a copy of the nomination to the	23461
state agency that owns or controls the parcel that is the subject	23462
of the nomination. Not later than fifteen days after receipt of a	23463
copy of the nomination, the state agency shall classify the parcel	23464
of land as a class 1, class 2, class 3, or class 4 property and	23465
submit the classification to the commission. On receipt of the	23466
state agency's classification of the parcel of land, the	23467
commission shall provide the department of natural resources the	23468
information necessary for the department to comply with divisions	23469
(C) and (D) of section 1509.72 of the Revised Code.	23470

After a parcel of land that is the subject of a nomination	23471
has been classified under section 1509.72 of the Revised Code or	23472
division (B)(1) of this section, as applicable, the commission	23473
shall approve or disapprove the nomination. In making its decision	23474
to approve or disapprove the nomination of the parcel of land, the	23475
commission shall consider all of the following:	23476

(a) The economic benefits, including the potential income	23477
from an oil or natural gas operation, that would result if the	23478
lease of a formation that is the subject of the nomination were	23479
approved;	23480

(b) Whether the proposed oil or gas operation is compatible	23481
with the current uses of the parcel of land that is the subject of	23482
the nomination;	23483

(c) The environmental impact that would result if the lease	23484
of a formation that is the subject of the nomination were	23485
approved;	23486

(d) Any potential adverse geological impact that would result	23487
if the lease of a formation that is the subject of the nomination	23488
were approved;	23489

(e) Any potential impact to visitors or users of a parcel of	23490
land that is the subject of the nomination;	23491

(f) Any potential impact to the operations or equipment of a	23492
state agency that is a state university or college if the lease of	23493
a formation within a parcel of land owned or controlled by the	23494
university or college that is the subject of the nomination were	23495
executed;	23496

(g) Any objections to the nomination submitted to the	23497
commission by the state agency that owns or controls the land on	23498
which the proposed oil or natural gas operation would take place;	23499

(h) Any comments or objections to the nomination submitted to	23500
the commission by residents of this state or other users of the	23501
parcel of land that is the subject of the nomination;	23502

(i) Any other factors that the commission establishes in	23503
rules adopted under section 1509.74 of the Revised Code.	23504

(2) The commission shall disapprove a nomination of a parcel	23505
of land that is a class 3 property. The commission shall send	23506
notice of the disapproval by certified mail to the person that	23507
submitted the nomination.	23508

(3) Prior to making its decision to approve or disapprove a	23509
nomination, the commission shall notify the state agency that owns	23510
or controls the land on which the oil or gas operation would take	23511
place.	23512

(4) The commission shall approve or disapprove a nomination	23513
not later than two calendar quarters following the receipt of the	23514
nomination. Notice of the decision of the commission shall be sent	23515
by certified mail to the person that submitted the nomination.	23516

(5) If the commission approves a nomination, the commission	23517
shall notify the state agency that owns or controls the parcel of	23518
land that is the subject of a nomination of the commission's	23519
approval of the nomination. The notification shall request the	23520
state agency to submit to the commission special terms and	23521
conditions that will apply to the lease of a formation within the	23522
parcel of land because of specific conditions related to the	23523
parcel of land. The state agency shall submit the special terms	23524
and conditions not later than sixty days after receipt of a notice	23525
from the commission.	23526

(6) If the commission approves a nomination for a parcel of	23527
land that is a class 1 property, the commission shall offer for	23528
lease each formation that is within the parcel of land. If the	23529
commission approves a nomination for a parcel of land that is a	23530
class 2 or class 4 property, the commission shall not offer for	23531
lease any formation that is within the parcel of land unless the	23532
state agency that owns or controls the parcel of land notifies the	23533
commission that a formation or formations that are within the	23534
parcel of land may be offered for lease.	23535

(C) Each calendar quarter, the commission shall proceed to	23536
advertise for bids for a lease for a formation within a parcel of	23537
land that was the subject of a nomination approved during the	23538
previous calendar quarter that is a class 1 property or that is a	23539
class 2 or class 4 property for which the commission has received	23540
notice from the state agency that owns or controls the parcel of	23541
land under division (B)(6) of this section that a formation or	23542
formations that are within the parcel of land may be offered for	23543
lease. The advertisement shall be provided to the department of	23544
natural resources, and the department shall publish the	23545
advertisement on its web site for a period of time established by	23546
the commission. The advertisement shall include all of the	23547
following:	23548

(1) The procedure for the submission of a bid to enter into a	23549
lease for a formation within a parcel of land;	23550

(2) A statement that a standard lease form that is consistent	23551
with the practices of the oil and natural gas industries will be	23552
used for the lease of a formation within the parcel of land;	23553

(3) A copy of the standard lease form that will be used for	23554
the lease of a formation within the parcel of land;	23555

(4) Special terms and conditions, if applicable, that apply	23556
to the lease because of specific conditions related to the parcel	23557
of land;	23558

(5) The amount of the bid fee that is required to be	23559
submitted with a bid;	23560

(6) Any other information that the commission considers	23561
pertinent to the advertisement for bids.	23562

(D) A person submitting a bid to enter into a lease under	23563
this section shall pay a bid fee established in rules adopted	23564
under section 1509.74 of the Revised Code.	23565

(E) In order to encourage the submission of bids and the	23566
responsible and reasonable development of the state's natural	23567
resources, the information that is contained in a bid submitted to	23568
the commission under this section shall be confidential and shall	23569
not be disclosed before a person is selected under division (F) of	23570
this section unless the commission determines otherwise.	23571

(F) The commission shall establish a deadline for the	23572
submission of bids for each lease regarding a particular parcel of	23573
land and shall notify the department of the deadline. The	23574
department shall post the deadline for the submission of bids for	23575
each lease on the department's web site. A person shall submit a	23576
bid in accordance with the procedures and requirements established	23577
by the commission in rules adopted under section 1509.74 of the	23578
Revised Code.	23579

The commission shall select the person who submits the	23580
highest and best bid for each formation within that parcel of	23581
land, taking into account the financial responsibility of the	23582
prospective lessee and the ability of the prospective lessee to	23583
perform its obligations under the lease. After the commission	23584
selects a person, the commission shall notify the applicable state	23585
agency and send the person's bid to the agency. The state agency	23586
shall enter into a lease with the person selected by the	23587
commission.	23588

(G)(1) Except as otherwise provided in ~~division~~divisions	23589
(G)(2) and (3) of this section, all money received by a state	23590
agency from signing fees, rentals, and royalty payments for leases	23591
entered into under this section shall be paid by the state agency	23592
into the state treasury to the credit of the state land royalty	23593
fund created in section 131.50 of the Revised Code.	23594

(2) Money received by a state agency from signing fees,	23595
rentals, and royalty payments for leases entered into under this	23596
section on land owned or controlled by the division of forestry,	23597
or wildlife~~, or parks and recreation~~ in the department of natural	23598
resources shall be deposited into one of the following funds, as	23599
applicable:	23600

(a) The forestry mineral royalties fund created in section	23601
1503.012 of the Revised Code if the lease pertains to land owned	23602
or controlled by the division of forestry;	23603

(b) The wildlife habitat fund created in section 1531.33 of	23604
the Revised Code if the lease pertains to land owned or controlled	23605
by the division of wildlife;	23606

~~(c) The parks mineral royalties fund created in section~~	23607
~~1541.26 of the Revised Code if the lease pertains to land owned or~~	23608
~~controlled by the division of parks and recreation~~.	23609

(3) Money received by a state agency from signing fees,	23610
rentals, and royalty payments for leases entered into under this	23611
section on land owned or controlled by the division of parks and	23612
recreation in the department of natural resources shall be	23613
deposited in the state treasury and credited as follows:	23614

(a) Fifty per cent of the money shall be credited to the	23615
parks mineral royalties fund created in section 1541.26 of the	23616
Revised Code.	23617

(b) Fifty per cent of the money shall be credited to the	23618
clean Ohio distribution fund created in section 151.50 of the	23619
Revised Code.	23620

(H) All money received from nomination fees and bid fees	23621
shall be paid into the state treasury to the credit of the oil and	23622
gas leasing commission administration fund created in section	23623
1509.75 of the Revised Code.	23624

(I) Notwithstanding any other provision of this section to	23625
the contrary, a nature preserve as defined in section 1517.01 of	23626
the Revised Code that is owned or controlled by a state agency	23627
shall not be nominated or leased under this section for the	23628
purpose of exploring for and developing and producing oil and	23629
natural gas resources.	23630

Sec. 1511.02. The chief of the division of soil and water	23631
resources, subject to the approval of the director of natural	23632
resources, shall do all of the following:	23633

(A) Provide administrative leadership to local soil and water	23634
conservation districts in planning, budgeting, staffing, and	23635
administering district programs and the training of district	23636
supervisors and personnel in their duties, responsibilities, and	23637
authorities as prescribed in this chapter and Chapter 1515. of the	23638
Revised Code;	23639

(B) Administer this chapter and Chapter 1515. of the Revised	23640
Code pertaining to state responsibilities and provide staff	23641
assistance to the Ohio soil and water conservation commission in	23642
exercising its statutory responsibilities;	23643

(C) Assist in expediting state responsibilities for watershed	23644
development and other natural resource conservation works of	23645
improvement;	23646

(D) Coordinate the development and implementation of	23647
cooperative programs and working agreements between local soil and	23648
water conservation districts and divisions or sections of the	23649
department of natural resources, or other agencies of local,	23650
state, and federal government;	23651

(E) Subject to the approval of the Ohio soil and water	23652
conservation commission, adopt, amend, or rescind rules pursuant	23653
to Chapter 119. of the Revised Code. Rules adopted pursuant to	23654
this section:	23655

(1) Shall establish technically feasible and economically	23656
reasonable standards to achieve a level of management and	23657
conservation practices in farming or silvicultural operations that	23658
will abate wind or water erosion of the soil or abate the	23659
degradation of the waters of the state by animal waste or by soil	23660
sediment including substances attached thereto, and establish	23661
criteria for determination of the acceptability of such management	23662
and conservation practices;	23663

(2) Shall establish technically feasible and economically	23664
reasonable standards to achieve a level of management and	23665
conservation practices that will abate wind or water erosion of	23666
the soil or abate the degradation of the waters of the state by	23667
soil sediment in conjunction with land grading, excavating,	23668
filling, or other soil-disturbing activities on land used or being	23669
developed for nonfarm commercial, industrial, residential, or	23670
other nonfarm purposes, and establish criteria for determination	23671
of the acceptability of such management and conservation	23672
practices. The standards shall be designed to implement applicable	23673
areawide waste treatment management plans prepared under section	23674
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	23675
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	23676
shall not apply in any municipal corporation or county that adopts	23677
ordinances or rules pertaining to sediment control, nor to lands	23678
being used in a strip mine operation as defined in section 1513.01	23679
of the Revised Code, nor to lands being used in a surface mining	23680
operation as defined in section 1514.01 of the Revised Code.	23681

(3) May recommend criteria and procedures for the approval of	23682
urban sediment pollution abatement plans and issuance of permits	23683
prior to any grading, excavating, filling, or other whole or	23684
partial disturbance of five or more contiguous acres of land owned	23685
by one person or operated as one development unit and require	23686
implementation of such a plan. Areas of less than five contiguous	23687
acres are not exempt from compliance with other provisions of this	23688
chapter and rules adopted under them.	23689

(4) Shall establish procedures for administration of rules	23690
for agricultural pollution abatement and urban sediment pollution	23691
abatement and for enforcement of rules for agricultural pollution	23692
abatement;	23693

(5) Shall specify the pollution abatement practices eligible	23694
for state cost sharing and determine the conditions for	23695
eligibility, the construction standards and specifications, the	23696
useful life, the maintenance requirements, and the limits of cost	23697
sharing for those practices. Eligible practices shall be limited	23698
to practices that address agricultural or silvicultural operations	23699
and that require expenditures that are likely to exceed the	23700
economic returns to the owner or operator and that abate soil	23701
erosion or degradation of the waters of the state by animal waste	23702
or soil sediment including pollutants attached thereto.	23703

(6) Shall establish procedures for administering grants to	23704
owners or operators of agricultural land or concentrated animal	23705
feeding operations for the implementation of operation and	23706
management plans;	23707

(7) Shall establish procedures for administering grants to	23708
soil and water conservation districts for urban sediment pollution	23709
abatement programs, specify the types of projects eligible for	23710
grants, establish limits on the availability of grants, and	23711
establish requirements governing the execution of projects to	23712
encourage the reduction of erosion and sedimentation associated	23713
with soil-disturbing activities;	23714

(8) Shall do all of the following with regard to composting	23715
conducted in conjunction with agricultural operations:	23716

(a) Provide for the distribution of educational material	23717
concerning composting to the offices of ~~the Ohio cooperative~~OSU	23718
extension ~~service~~ for the purposes of section 1511.022 of the	23719
Revised Code;	23720

(b) Establish methods, techniques, or practices for	23721
composting dead animals, or particular types of dead animals, that	23722
are to be used at such operations, as the chief considers to be	23723
necessary or appropriate;	23724

(c) Establish requirements and procedures governing the	23725
review and approval or disapproval of composting plans by the	23726
supervisors of soil and water conservation districts under	23727
division (Q) of section 1515.08 of the Revised Code.	23728

(9) Shall be adopted, amended, or rescinded after the chief	23729
does all of the following:	23730

(a) Mails notice to each statewide organization that the	23731
chief determines represents persons or local governmental agencies	23732
who would be affected by the proposed rule, amendment thereto, or	23733
rescission thereof at least thirty-five days before any public	23734
hearing thereon;	23735

(b) Mails a copy of each proposed rule, amendment thereto, or	23736
rescission thereof to any person who requests a copy, within five	23737
days after receipt of the request;	23738

(c) Consults with appropriate state and local governmental	23739
agencies or their representatives, including statewide	23740
organizations of local governmental officials, industrial	23741
representatives, and other interested persons;	23742

(d) If the rule relates to agricultural pollution abatement,	23743
develops an economic impact statement concerning the effect of the	23744
proposed rule or amendment.	23745

(10) Shall not conflict with air or water quality standards	23746
adopted pursuant to section 3704.03 or 6111.041 of the Revised	23747
Code. Compliance with rules adopted pursuant to this section does	23748
not affect liability for noncompliance with air or water quality	23749
standards adopted pursuant to section 3704.03 or 6111.041 of the	23750
Revised Code. The application of a level of management and	23751
conservation practices recommended under this section to control	23752
windblown soil from farming operations creates a presumption of	23753
compliance with section 3704.03 of the Revised Code as that	23754
section applies to windblown soil.	23755

(11) Insofar as the rules relate to urban sediment pollution,	23756
shall not be applicable in a municipal corporation or county that	23757
adopts ordinances or rules for urban sediment control, except that	23758
a municipal corporation or county that adopts such ordinances or	23759
rules may receive moneys for urban sediment control that are	23760
disbursed by the board of supervisors of the applicable soil and	23761
water conservation district under division (N) of section 1515.08	23762
of the Revised Code. The rules shall not exempt any person from	23763
compliance with municipal ordinances enacted pursuant to Section 3	23764
of Article XVIII, Ohio Constitution.	23765

(F) Cost share with landowners on practices established	23766
pursuant to division (E)(5) of this section as moneys are	23767
appropriated and available for that purpose. Any practice for	23768
which cost share is provided shall be maintained for its useful	23769
life. Failure to maintain a cost share practice for its useful	23770
life shall subject the landowner to full repayment to the	23771
division.	23772

(G) Issue orders requiring compliance with any rule adopted	23773
under division (E)(1) of this section or with section 1511.022 of	23774
the Revised Code. Before the chief issues an order, the chief	23775
shall afford each person allegedly liable an adjudication hearing	23776
under Chapter 119. of the Revised Code. The chief may require in	23777
an order that a person who has caused agricultural pollution by	23778
failure to comply with the standards established under division	23779
(E)(1) of this section operate under an operation and management	23780
plan approved by the chief under this section. The chief shall	23781
require in an order that a person who has failed to comply with	23782
division (A) of section 1511.022 of the Revised Code prepare a	23783
composting plan in accordance with rules adopted under division	23784
(E)(10)(c) of this section and operate in accordance with that	23785
plan or that a person who has failed to operate in accordance with	23786
such a plan begin to operate in accordance with it. Each order	23787
shall be issued in writing and contain a finding by the chief of	23788
the facts upon which the order is based and the standard that is	23789
not being met.	23790

(H) Employ field assistants and such other employees as are	23791
necessary for the performance of the work prescribed by Chapter	23792
1515. of the Revised Code, for performance of work of the	23793
division, and as agreed to under working agreements or contractual	23794
arrangements with local soil and water conservation districts,	23795
prescribe their duties, and fix their compensation in accordance	23796
with such schedules as are provided by law for the compensation of	23797
state employees.	23798

All employees of the division, unless specifically exempted	23799
by law, shall be employed subject to the classified civil service	23800
laws in force at the time of employment.	23801

(I) In connection with new or relocated projects involving	23802
highways, underground cables, pipelines, railroads, and other	23803
improvements affecting soil and water resources, including surface	23804
and subsurface drainage:	23805

(1) Provide engineering service as is mutually agreeable to	23806
the Ohio soil and water conservation commission and the director	23807
to aid in the design and installation of soil and water	23808
conservation practices as a necessary component of such projects;	23809

(2) Maintain close liaison between the owners of lands on	23810
which the projects are executed, local soil and water conservation	23811
districts, and authorities responsible for such projects;	23812

(3) Review plans for such projects to ensure their compliance	23813
with standards developed under division (E) of this section in	23814
cooperation with the department of transportation or with any	23815
other interested agency that is engaged in soil or water	23816
conservation projects in the state in order to minimize adverse	23817
impacts on soil and water resources adjacent to or otherwise	23818
affected by these projects;	23819

(4) Recommend measures to retard erosion and protect soil and	23820
water resources through the installation of water impoundment or	23821
other soil and water conservation practices;	23822

(5) Cooperate with other agencies and subdivisions of the	23823
state to protect the agricultural status of rural lands adjacent	23824
to such projects and control adverse impacts on soil and water	23825
resources.	23826

(J) Collect, analyze, inventory, and interpret all available	23827
information pertaining to the origin, distribution, extent, use,	23828
and conservation of the soil resources of the state;	23829

(K) Prepare and maintain up-to-date reports, maps, and other	23830
materials pertaining to the soil resources of the state and their	23831
use and make that information available to governmental agencies,	23832
public officials, conservation entities, and the public;	23833

(L) Provide soil and water conservation districts with	23834
technical assistance including on-site soil investigations and	23835
soil interpretation reports on the suitability or limitations of	23836
soil to support a particular use or to plan soil conservation	23837
measures. The assistance shall be upon such terms as are mutually	23838
agreeable to the districts and the department of natural	23839
resources.	23840

(M) Assist local government officials in utilizing land use	23841
planning and zoning, current agricultural use value assessment,	23842
development reviews, and land management activities;	23843

(N) When necessary for the purposes of this chapter or	23844
Chapter 1515. of the Revised Code, develop or approve operation	23845
and management plans.	23846

This section does not restrict the excrement of domestic or	23847
farm animals defecated on land outside a concentrated animal	23848
feeding operation or runoff therefrom into the waters of the	23849
state.	23850

Sec. 1511.022. (A) Any person who owns or operates an	23851
agricultural operation, or owns the animals raised by the owner or	23852
operator of an agricultural operation, and who wishes to conduct	23853
composting of dead animals resulting from the agricultural	23854
operation shall do both of the following:	23855

(1) Participate in an educational course concerning	23856
composting conducted by ~~the Ohio cooperative~~OSU extension ~~service~~	23857
and obtain a certificate of completion for the course;	23858

(2) Use the appropriate method, technique, or practice of	23859
composting established in rules adopted under division (E)(8) of	23860
section 1511.02 of the Revised Code.	23861

(B) Any person who fails to comply with division (A) of this	23862
section shall prepare and operate under a composting plan in	23863
accordance with an order issued by the chief of the division of	23864
soil and water resources under division (G) of section 1511.02 of	23865
the Revised Code. If the person's proposed composting plan is	23866
disapproved by the board of supervisors of the appropriate soil	23867
and water conservation district under division (Q)(3) of section	23868
1515.08 of the Revised Code, the person may appeal the plan	23869
disapproval to the chief, who shall afford the person a hearing.	23870
Following the hearing, the chief shall uphold the plan disapproval	23871
or reverse it. If the chief reverses the disapproval, the plan	23872
shall be deemed approved.	23873

Sec. 1519.05. (A) As used in this section, "local political	23874
subdivision" and "nonprofit organization" have the same meanings	23875
as in section 164.20 of the Revised Code.	23876

(B) There is hereby created in the state treasury the clean	23877
Ohio trail fund. Twelve and one-half per cent of the net proceeds	23878
of obligations issued and sold pursuant to sections 151.01 and	23879
151.09 of the Revised Code shall be deposited into the fund. The	23880
fund also shall consist of money credited to it under section	23881
151.50 of the Revised Code.	23882

Investment earnings of the fund shall be credited to the fund	23883
and may be used to pay costs incurred by the director of natural	23884
resources in administering this section.	23885

Money in the clean Ohio trail fund shall not be used for the	23886
appropriation of land, rights, rights-of-way, franchises,	23887
easements, or other property through the exercise of the right of	23888
eminent domain.	23889

The director shall use moneys in the fund exclusively to	23890
provide matching grants to nonprofit organizations and to local	23891
political subdivisions for the purposes of purchasing land or	23892
interests in land for recreational trails and for the construction	23893
of such trails. A matching grant may provide up to seventy-five	23894
per cent of the cost of a recreational trail project, and the	23895
recipient of the matching grant shall provide not less than	23896
twenty-five per cent of that cost.	23897

(C) The director shall establish policies for the purposes of	23898
this section. The policies shall establish all of the following:	23899

(1) Procedures for providing matching grants to nonprofit	23900
organizations and local political subdivisions for the purposes of	23901
purchasing land or interests in land for recreational trails and	23902
for the construction of such trails, including, without	23903
limitation, procedures for both of the following:	23904

(a) Developing a grant application form and soliciting,	23905
accepting, and approving grant applications;	23906

(b) Participation by nonprofit organizations and local	23907
political subdivisions in the application process.	23908

(2) A requirement that an application for a matching grant	23909
for a recreational trail project include a copy of a resolution	23910
supporting the project from each county in which the proposed	23911
project is to be conducted and whichever of the following is	23912
applicable:	23913

(a) If the proposed project is to be conducted wholly within	23914
the geographical boundaries of one township, a copy of a	23915
resolution supporting the project from the township;	23916

(b) If the proposed project is to be conducted wholly within	23917
the geographical boundaries of one municipal corporation, a copy	23918
of a resolution supporting the project from the municipal	23919
corporation;	23920

(c) If the proposed project is to be conducted in more than	23921
one, but fewer than five townships or municipal corporations, a	23922
copy of a resolution supporting the project from at least one-half	23923
of the total number of townships and municipal corporations in	23924
which the proposed project is to be conducted;	23925

(d) If the proposed project is to be conducted in five or	23926
more municipal corporations, a copy of a resolution supporting the	23927
project from at least three-fifths of the total number of	23928
townships and municipal corporations in which the proposed project	23929
is to be conducted.	23930

(3) Eligibility criteria that must be satisfied by an	23931
applicant in order to receive a matching grant and that emphasize	23932
the following:	23933

(a) Synchronization with the statewide trail plan;

23934

(b) Complete regional systems and links to the statewide	23935
trail system;	23936

23937

(d) The provision of links in urban areas that support	23938
commuter access and show economic impact on local communities;	23939

(e) The linkage of population centers with public outdoor	23940
recreation areas and facilities;	23941

(f) The purchase of rail lines that are linked to the	23942
statewide trail plan;	23943

(g) The preservation of natural corridors.

23944

(4) Items of value, such as in-kind contributions of land,	23945
easements or other interests in land, labor, or materials, that	23946
may be considered as contributing toward the percentage of the	23947
cost of a recreational trails project that must be provided by a	23948
matching grant recipient.	23949

Sec. 1531.06. (A) The chief of the division of wildlife,	23950
with the approval of the director of natural resources, may	23951
acquire by gift, lease, purchase, or otherwise lands or surface	23952
rights upon lands and waters or surface rights upon waters for	23953
wild animals, fish or game management, preservation, propagation,	23954
and protection, outdoor and nature activities, public fishing and	23955
hunting grounds, and flora and fauna preservation. The chief, with	23956
the approval of the director, may receive by grant, devise,	23957
bequest, donation, or assignment evidences of indebtedness, the	23958
proceeds of which are to be used for the purchase of such lands or	23959
surface rights upon lands and waters or surface rights upon	23960
waters.	23961

(B)(1) The chief shall adopt rules for the protection of	23962
state-owned or leased lands and waters and property under the	23963
control of the division of wildlife against wrongful use or	23964
occupancy that will ensure the carrying out of the intent of this	23965
section, protect those lands, waters, and property from	23966
depredations, and preserve them from molestation, spoilation,	23967
destruction, or any improper use or occupancy thereof, including	23968
rules with respect to recreational activities and for the	23969
government and use of such lands, waters, and property.	23970

(2) The chief may adopt rules benefiting wild animals, fish	23971
or game management, preservation, propagation, and protection,	23972
outdoor and nature activities, public fishing and hunting grounds,	23973
and flora and fauna preservation, and regulating the taking and	23974
possession of wild animals on any lands or waters owned or leased	23975
or under the division's supervision and control and, for a	23976
specified period of years, may prohibit or recall the taking and	23977
possession of any wild animal on any portion of such lands or	23978
waters. The division clearly shall define and mark the boundaries	23979
of the lands and waters owned or leased or under its supervision	23980
and control upon which the taking of any wild animal is	23981
prohibited.	23982

(C) The chief, with the approval of the director, may acquire	23983
by gift, lease, or purchase land for the purpose of establishing	23984
state fish hatcheries and game farms and may erect on it buildings	23985
or structures that are necessary.	23986

The title to or lease of such lands and waters shall be taken	23987
by the chief in the name of the state. The lease or purchase price	23988
of all such lands and waters may be paid from hunting and trapping	23989
and fishing licenses and any other funds.	23990

(D) To provide more public recreation, stream and lake	23991
agreements for public fishing only may be obtained under rules	23992
adopted by the chief.	23993

(E) The chief, with the approval of the director, may	23994
establish user fees for the use of special public facilities or	23995
participation in special activities on lands and waters	23996
administered by the division. The special facilities and	23997
activities may include hunting or fishing on special designated	23998
public lands and waters intensively managed or stocked with	23999
artificially propagated game birds or fish, field trial	24000
facilities, wildlife nature centers, firearm ranges, boat mooring	24001
facilities, camping sites, and other similar special facilities	24002
and activities. The chief shall determine whether the user fees	24003
are refundable and shall ensure that that information is provided	24004
at the time the user fees are paid.	24005

(F) The chief, with the approval of the director, may enter	24006
into lease agreements for rental of concessions or other special	24007
projects situated on state-owned or leased lands or waters or	24008
other property under the division's control. The chief shall set	24009
and collect the fees for concession rentals or other special	24010
projects; regulate through contracts between the division and	24011
concessionaires the sale of tangible objects at concessions or	24012
other special projects; and keep a record of all such fee payments	24013
showing the amount received, from whom received, and for what	24014
purpose the fee was collected.	24015

(G) The chief may sell or donate conservation-related items	24016
or items that promote wildlife conservation, including, but not	24017
limited to, stamps, pins, badges, books, bulletins, maps,	24018
publications, calendars, and any other educational article or	24019
artifact pertaining to wild animals; sell confiscated or forfeited	24020
items; and sell surplus structures and equipment, and timber or	24021
crops from lands owned, administered, leased, or controlled by the	24022
division. The chief, with the approval of the director, also may	24023
engage in campaigns and special events that promote wildlife	24024
conservation by selling or donating wildlife-related materials,	24025
memberships, and other items of promotional value.	24026

(H) The chief may sell, lease, or transfer minerals or	24027
mineral rights, with the approval of the director, when the chief	24028
and the director determine it to be in the best interest of the	24029
state. Upon approval of the director, the chief may make, execute,	24030
and deliver contracts, including leases, to mine, drill, or	24031
excavate iron ore, stone, coal, salt, and other minerals, other	24032
than oil or gas, upon and under lands owned by the state and	24033
administered by the division to any person who complies with the	24034
terms of such a contract. No such contract shall be valid for more	24035
than fifty years from its effective date. Consideration for	24036
minerals and mineral rights shall be by rental or royalty basis as	24037
prescribed by the chief and payable as prescribed by contract.	24038
Moneys collected under this division shall be paid into the state	24039
treasury to the credit of the wildlife habitat fund created in	24040
section 1531.33 of the Revised Code. Contracts entered into under	24041
this division also may provide for consideration for minerals or	24042
mineral rights in the form of acquisition of lands as provided	24043
under divisions (A) and (C) of this section.	24044

(I) All moneys received under divisions (E), (F), and (G) of	24045
this section shall be paid into the state treasury to the credit	24046
of a fund that shall be used for the purposes outlined in section	24047
1533.15 of the Revised Code and for the management of other wild	24048
animals for their ecological and nonconsumptive recreational value	24049
or benefit.	24050

(J) The chief, with the approval of the director, may barter	24051
or sell wild animals to other states, state or federal agencies,	24052
and conservation or zoological organizations. Moneys received from	24053
the sale of wild animals shall be deposited into the ~~wild animal~~	24054
wildlife fund created in section ~~1531.34~~1531.17 of the Revised	24055
Code.	24056

(K) The chief shall adopt rules establishing standards and	24057
guidelines for the administration of contraceptive chemicals to	24058
noncaptive wild animals. The rules may specify chemical delivery	24059
methods and devices and monitoring requirements.	24060

The chief shall establish criteria for the issuance of and	24061
shall issue permits for the administration of contraceptive	24062
chemicals to noncaptive wild animals. No person shall administer	24063
contraceptive chemicals to noncaptive wild animals without a	24064
permit issued by the chief.	24065

(L) All fees set by the chief under this section shall be	24066
approved by the wildlife council.	24067

(M) Information contained in the wildlife diversity database	24068
that is established pursuant to division (B)(2) of this section	24069
and section 1531.25 of the Revised Code may be made available to	24070
any individual or public or private agency for research,	24071
educational, environmental, land management, or other similar	24072
purposes that are not detrimental to the conservation of a species	24073
or feature. Information regarding sensitive site locations of	24074
species that are listed pursuant to section 1531.25 of the Revised	24075
Code and of features that are included in the wildlife diversity	24076
database is not subject to section 149.43 of the Revised Code if	24077
the chief determines that the release of the information could be	24078
detrimental to the conservation of a species or feature.	24079

Sec. 1531.17. All fines, penalties, and forfeitures arising	24080
from prosecutions, convictions, confiscations, or otherwise under	24081
this chapter and Chapters 1517. and 1533. of the Revised Code,	24082
unless otherwise directed by the director of natural resources,	24083
shall be paid by the officer by whom collected to the director and	24084
by ~~him~~the director paid into the state treasury to the credit of	24085
the wildlife fund, which is hereby created, for the use of the	24086
division of wildlife. All moneys received from the sale of wild	24087
animals under division (J) of section 1531.06 shall be paid into	24088
the state treasury to the credit of the wildlife fund for the use	24089
of the division. All moneys collected as license fees on nets in	24090
the Lake Erie fishing district shall be paid by the director into	24091
the state treasury to the credit of the wildlife fund for use only	24092
in the betterment and the propagation of fish therein or in	24093
otherwise propagating fish in such district. All investment	24094
earnings of the fund shall be credited to the fund. The wildlife	24095
fund shall not be used for compensation of personnel employed by	24096
other divisions of the department of natural resources who are	24097
assigned to law enforcement duties in aid of the division of	24098
wildlife or for compensation of division of wildlife personnel for	24099
activities related to the instruction of personnel of other	24100
divisions.	24101

Sec. 1545.071. ~~The following applies until the department of~~	24102
~~administrative services implements for park districts the health~~	24103
~~care plans under section 9.901 of the Revised Code. If those plans~~	24104
~~do not include or address any benefits listed in this section, the~~	24105
~~following provisions continue in effect for those benefits.~~	24106

The board of park commissioners of any park district may	24107
procure and pay all or any part of the cost of group insurance	24108
policies that may provide benefits for hospitalization, surgical	24109
care, major medical care, disability, dental care, eye care,	24110
medical care, hearing aids, or prescription drugs, or sickness and	24111
accident insurance or a combination of any of the foregoing types	24112
of insurance or coverage for park district officers and employees	24113
and their immediate dependents issued by an insurance company duly	24114
authorized to do business in this state.	24115

The board may procure and pay all or any part of the cost of	24116
group life insurance to insure the lives of park district	24117
employees.	24118

The board also may contract for group health care services	24119
with health insuring corporations holding a certificate of	24120
authority under Chapter 1751. of the Revised Code provided that	24121
each officer or employee is permitted to:	24122

(A) Choose between a plan offered by an insurance company and	24123
a plan offered by a health insuring corporation and provided	24124
further that the officer or employee pays any amount by which the	24125
cost of the plan chosen by the officer or employee exceeds the	24126
cost of the plan offered by the board under this section;	24127

(B) Change the choice made under division (A) of this section	24128
at a time each year as determined in advance by the board.	24129

Any appointed member of the board of park commissioners and	24130
the spouse and dependent children of the member may be covered, at	24131
the option and expense of the member, as a noncompensated employee	24132
of the park district under any benefit plan described in division	24133
(A) of this section. The member shall pay to the park district the	24134
amount certified to it by the benefit provider as the provider's	24135
charge for the coverage the member has chosen under division (A)	24136
of this section. Payments for coverage shall be made, in advance,	24137
in a manner prescribed by the board. The member's exercise of an	24138
option to be covered under this section shall be in writing,	24139
announced at a regular public meeting of the board, and recorded	24140
as a public record in the minutes of the board.	24141

The board may provide the benefits authorized in this section	24142
by contributing to a health and welfare trust fund administered	24143
through or in conjunction with a collective bargaining	24144
representative of the park district employees.	24145

The board may provide the benefits described in this section	24146
through an individual self-insurance program or a joint	24147
self-insurance program as provided in section 9.833 of the Revised	24148
Code.	24149

Sec. 1545.23. If a park district enters into an agreement	24150
for the sale or lease of mineral rights regarding a park within	24151
the district, any royalties or other moneys resulting from the	24152
sale or lease shall be deposited into a special fund that the	24153
board of park commissioners shall create. The fund shall be used	24154
exclusively for maintenance of parks within the district and for	24155
the acquisition of new park lands.	24156

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	24157
Revised Code is guilty of a felony of the fourth degree.	24158

(B) Whoever violates division (F) of section 1547.08, section	24159
1547.10, division (I) of section 1547.111, section 1547.13, or	24160
section 1547.66 of the Revised Code is guilty of a misdemeanor of	24161
the first degree.	24162

(C) Whoever violates a provision of this chapter or a rule	24163
adopted thereunder, for which no penalty is otherwise provided, is	24164
guilty of a minor misdemeanor.	24165

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	24166
the Revised Code without causing injury to persons or damage to	24167
property is guilty of a misdemeanor of the fourth degree.	24168

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	24169
the Revised Code causing injury to persons or damage to property	24170
is guilty of a misdemeanor of the third degree.	24171

(F) Whoever violates division (N) of section 1547.54,	24172
division (G) of section 1547.30, or section 1547.131, 1547.25,	24173
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	24174
of the Revised Code or a rule adopted under division (A)(2) of	24175
section 1547.52 of the Revised Code is guilty of a misdemeanor of	24176
the fourth degree.	24177

(G) Whoever violates section 1547.11 of the Revised Code is	24178
guilty of a misdemeanor of the first degree and shall be punished	24179
as provided in division (G)(1), (2), or (3) of this section.	24180

(1) Except as otherwise provided in division (G)(2) or (3) of	24181
this section, the court shall sentence the offender to a jail term	24182
of three consecutive days and may sentence the offender pursuant	24183
to section 2929.24 of the Revised Code to a longer jail term. In	24184
addition, the court shall impose upon the offender a fine of not	24185
less than one hundred fifty nor more than one thousand dollars.	24186

The court may suspend the execution of the mandatory jail	24187
term of three consecutive days that it is required to impose by	24188
division (G)(1) of this section if the court, in lieu of the	24189
suspended jail term, places the offender under a community control	24190
sanction pursuant to section 2929.25 of the Revised Code and	24191
requires the offender to attend, for three consecutive days, a	24192
drivers' intervention program that is certified pursuant to	24193
section ~~3793.10~~5119.38 of the Revised Code. The court also may	24194
suspend the execution of any part of the mandatory jail term of	24195
three consecutive days that it is required to impose by division	24196
(G)(1) of this section if the court places the offender under a	24197
community control sanction pursuant to section 2929.25 of the	24198
Revised Code for part of the three consecutive days; requires the	24199
offender to attend, for that part of the three consecutive days, a	24200
drivers' intervention program that is certified pursuant to	24201
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	24202
offender to a jail term equal to the remainder of the three	24203
consecutive days that the offender does not spend attending the	24204
drivers' intervention program. The court may require the offender,	24205
as a condition of community control, to attend and satisfactorily	24206
complete any treatment or education programs, in addition to the	24207
required attendance at a drivers' intervention program, that the	24208
operators of the drivers' intervention program determine that the	24209
offender should attend and to report periodically to the court on	24210
the offender's progress in the programs. The court also may impose	24211
any other conditions of community control on the offender that it	24212
considers necessary.	24213

(2) If, within six years of the offense, the offender has	24214
been convicted of or pleaded guilty to one violation of section	24215
1547.11 of the Revised Code or one other equivalent offense, the	24216
court shall sentence the offender to a jail term of ten	24217
consecutive days and may sentence the offender pursuant to section	24218
2929.24 of the Revised Code to a longer jail term. In addition,	24219
the court shall impose upon the offender a fine of not less than	24220
one hundred fifty nor more than one thousand dollars.	24221

In addition to any other sentence that it imposes upon the	24222
offender, the court may require the offender to attend a drivers'	24223
intervention program that is certified pursuant to section ~~3793.10~~	24224
5119.38 of the Revised Code.	24225

(3) If, within six years of the offense, the offender has	24226
been convicted of or pleaded guilty to more than one violation or	24227
offense identified in division (G)(2) of this section, the court	24228
shall sentence the offender to a jail term of thirty consecutive	24229
days and may sentence the offender to a longer jail term of not	24230
more than one year. In addition, the court shall impose upon the	24231
offender a fine of not less than one hundred fifty nor more than	24232
one thousand dollars.	24233

In addition to any other sentence that it imposes upon the	24234
offender, the court may require the offender to attend a drivers'	24235
intervention program that is certified pursuant to section ~~3793.10~~	24236
5119.38 of the Revised Code.	24237

(4) Upon a showing that serving a jail term would seriously	24238
affect the ability of an offender sentenced pursuant to division	24239
(G)(1), (2), or (3) of this section to continue the offender's	24240
employment, the court may authorize that the offender be granted	24241
work release after the offender has served the mandatory jail term	24242
of three, ten, or thirty consecutive days that the court is	24243
required by division (G)(1), (2), or (3) of this section to	24244
impose. No court shall authorize work release during the mandatory	24245
jail term of three, ten, or thirty consecutive days that the court	24246
is required by division (G)(1), (2), or (3) of this section to	24247
impose. The duration of the work release shall not exceed the time	24248
necessary each day for the offender to commute to and from the	24249
place of employment and the place in which the jail term is served	24250
and the time actually spent under employment.	24251

(5) Notwithstanding any section of the Revised Code that	24252
authorizes the suspension of the imposition or execution of a	24253
sentence or the placement of an offender in any treatment program	24254
in lieu of being imprisoned or serving a jail term, no court shall	24255
suspend the mandatory jail term of ten or thirty consecutive days	24256
required to be imposed by division (G)(2) or (3) of this section	24257
or place an offender who is sentenced pursuant to division (G)(2)	24258
or (3) of this section in any treatment program in lieu of being	24259
imprisoned or serving a jail term until after the offender has	24260
served the mandatory jail term of ten or thirty consecutive days	24261
required to be imposed pursuant to division (G)(2) or (3) of this	24262
section. Notwithstanding any section of the Revised Code that	24263
authorizes the suspension of the imposition or execution of a	24264
sentence or the placement of an offender in any treatment program	24265
in lieu of being imprisoned or serving a jail term, no court,	24266
except as specifically authorized by division (G)(1) of this	24267
section, shall suspend the mandatory jail term of three	24268
consecutive days required to be imposed by division (G)(1) of this	24269
section or place an offender who is sentenced pursuant to division	24270
(G)(1) of this section in any treatment program in lieu of	24271
imprisonment until after the offender has served the mandatory	24272
jail term of three consecutive days required to be imposed	24273
pursuant to division (G)(1) of this section.	24274

(6) As used in division (G) of this section:

24275

(a) "Equivalent offense" has the same meaning as in section	24276
4511.181 of the Revised Code.	24277

(b) "Jail term" and "mandatory jail term" have the same	24278
meanings as in section 2929.01 of the Revised Code.	24279

(H) Whoever violates section 1547.304 of the Revised Code is	24280
guilty of a misdemeanor of the fourth degree and also shall be	24281
assessed any costs incurred by the state or a county, township,	24282
municipal corporation, or other political subdivision in disposing	24283
of an abandoned junk vessel or outboard motor, less any money	24284
accruing to the state, county, township, municipal corporation, or	24285
other political subdivision from that disposal.	24286

(I) Whoever violates division (B) or (C) of section 1547.49	24287
of the Revised Code is guilty of a minor misdemeanor.	24288

(J) Whoever violates section 1547.31 of the Revised Code is	24289
guilty of a misdemeanor of the fourth degree on a first offense.	24290
On each subsequent offense, the person is guilty of a misdemeanor	24291
of the third degree.	24292

(K) Whoever violates section 1547.05 or 1547.051 of the	24293
Revised Code is guilty of a misdemeanor of the fourth degree if	24294
the violation is not related to a collision, injury to a person,	24295
or damage to property and a misdemeanor of the third degree if the	24296
violation is related to a collision, injury to a person, or damage	24297
to property.	24298

(L) The sentencing court, in addition to the penalty provided	24299
under this section for a violation of this chapter or a rule	24300
adopted under it that involves a powercraft powered by more than	24301
ten horsepower and that, in the opinion of the court, involves a	24302
threat to the safety of persons or property, shall order the	24303
offender to complete successfully a boating course approved by the	24304
national association of state boating law administrators before	24305
the offender is allowed to operate a powercraft powered by more	24306
than ten horsepower on the waters in this state. Violation of a	24307
court order entered under this division is punishable as contempt	24308
under Chapter 2705. of the Revised Code.	24309

Sec. 1551.33. (A) The director of development services shall	24310
appoint and fix the compensation of the director of the Ohio coal	24311
development office. The director shall serve at the pleasure of	24312
the director of development services.	24313

(B) The director of the office shall do all of the following:

24314

(1) Biennially prepare and maintain the Ohio coal development	24315
agenda required under section 1551.34 of the Revised Code;	24316

(2) Propose and support policies for the office consistent	24317
with the Ohio coal development agenda and develop means to	24318
implement the agenda;	24319

(3) Initiate, undertake, and support projects to carry out	24320
the office's purposes and ensure that the projects are consistent	24321
with and meet the selection criteria established by the Ohio coal	24322
development agenda;	24323

(4) Actively encourage joint participation in and, when	24324
feasible, joint funding of the office's projects with governmental	24325
agencies, electric utilities, universities and colleges, other	24326
public or private interests, or any other person;	24327

(5) Establish a table of organization for and employ such	24328
employees and agents as are necessary for the administration and	24329
operation of the office. Any such employees shall be in the	24330
unclassified service and shall serve at the pleasure of the	24331
director of development services.	24332

(6) ~~Appoint specified members of and convene~~Convene the	24333
technical advisory committee established under section 1551.35 of	24334
the Revised Code;	24335

(7) Review, with the assistance of the technical advisory	24336
committee, proposed coal research and development projects as	24337
defined in section 1555.01 of the Revised Code, and coal	24338
development projects, submitted to the office by public utilities	24339
for the purpose of section 4905.304 of the Revised Code. If the	24340
director and the advisory committee determine that any such	24341
facility or project has as its purpose the enhanced use of Ohio	24342
coal in an environmentally acceptable, cost effective manner,	24343
promotes energy conservation, is cost effective, and is	24344
environmentally sound, the director shall submit to the public	24345
utilities commission a report recommending that the commission	24346
allow the recovery of costs associated with the facility or	24347
project under section 4905.304 of the Revised Code and including	24348
the reasons for the recommendation.	24349

(8) Establish such policies, procedures, and guidelines as	24350
are necessary to achieve the office's purposes.	24351

(C) With the approval of the director of development	24352
services, the director of the office may exercise any of the	24353
powers and duties that the director of development services	24354
considers appropriate or desirable to achieve the office's	24355
purposes, including, but not limited to, the powers and duties	24356
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	24357
Revised Code.	24358

Additionally, the director of the office may make loans to	24359
governmental agencies or persons for projects to carry out the	24360
office's purposes. Fees, charges, rates of interest, times of	24361
payment of interest and principal, and other terms, conditions,	24362
and provisions of the loans shall be such as the director of the	24363
office determines to be appropriate and in furtherance of the	24364
purposes for which the loans are made. The mortgage lien securing	24365
any moneys lent by the director of the office may be subordinate	24366
to the mortgage lien securing any moneys lent or invested by a	24367
financial institution, but shall be superior to that securing any	24368
moneys lent or expended by any other person. The moneys used in	24369
making the loans shall be disbursed upon order of the director of	24370
the office.	24371

Sec. 1551.35. (A) There is hereby established a technical	24372
advisory committee to assist the director of the Ohio coal	24373
development office in achieving the office's purposes. The	24374
director of development services shall appoint to the committee	24375
one member of the public utilities commission and one	24376
representative each of coal production companies, the united mine	24377
workers of America, electric utilities, manufacturers that use	24378
Ohio coal, and environmental organizations, as well as two people	24379
with a background in coal research and development technology, one	24380
of whom is employed at the time of the member's appointment by a	24381
state university, as defined in section 3345.011 of the Revised	24382
Code. In addition, the committee shall include four legislative	24383
members. The speaker and minority leader of the house of	24384
representatives each shall appoint one member of the house of	24385
representatives, and the president and minority leader of the	24386
senate each shall appoint one member of the senate, to the	24387
committee. The director of environmental protection shall serve on	24388
the committee as an ex officio member. Any member of the committee	24389
may designate in writing a substitute to serve in the member's	24390
absence on the committee. The director of environmental protection	24391
may designate in writing the chief of the air pollution control	24392
division of the agency to represent the agency. Members shall	24393
serve on the committee at the pleasure of their appointing	24394
authority. Members of the committee appointed by the director of	24395
~~the office~~development services and, notwithstanding section	24396
101.26 of the Revised Code, legislative members of the committee,	24397
when engaged in their official duties as members of the committee,	24398
shall be compensated on a per diem basis in accordance with	24399
division (J) of section 124.15 of the Revised Code, except that	24400
the member of the public utilities commission and, while employed	24401
by a state university, the member with a background in coal	24402
research, shall not be so compensated. Members shall receive their	24403
actual and necessary expenses incurred in the performance of their	24404
duties.	24405

(B) The technical advisory committee shall review and make	24406
recommendations concerning the Ohio coal development agenda	24407
required under section 1551.34 of the Revised Code, project	24408
proposals, research and development projects submitted to the	24409
office by public utilities for the purpose of section 4905.304 of	24410
the Revised Code, proposals for grants, loans, and loan guarantees	24411
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	24412
and such other topics as the director of the office considers	24413
appropriate.	24414

(C) The technical advisory committee may hold an executive	24415
session at any regular or special meeting for the purpose of	24416
considering research and development project proposals or	24417
applications for assistance submitted to the Ohio coal development	24418
office under section 1551.33, or sections 1555.01 to 1555.06, of	24419
the Revised Code, to the extent that the proposals or applications	24420
consist of trade secrets or other proprietary information.	24421

Any materials or data submitted to, made available to, or	24422
received by the ~~department of~~ development services agency or the	24423
director of the Ohio coal development office in connection with	24424
agreements for assistance entered into under this chapter or	24425
Chapter 1555. of the Revised Code, or any information taken from	24426
those materials or data for any purpose, to the extent that the	24427
materials or data consist of trade secrets or other proprietary	24428
information, are not public records for the purposes of section	24429
149.43 of the Revised Code.	24430

As used in this division, "trade secrets" has the same	24431
meaning as in section 1333.61 of the Revised Code.	24432

Sec. 1555.15. There is hereby created in the state treasury	24433
the coal research and development fund. Moneys obtained for coal	24434
research and development projects from federal grants or loans,	24435
private grants, and other sources, and moneys paid into the fund	24436
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	24437
be expended for the purpose of making grants and making or	24438
guaranteeing loans for coal research and development projects that	24439
will encourage the use of Ohio coal, to any individual,	24440
association, or corporation doing business in this state, or to	24441
any educational or scientific institution located in this state as	24442
provided for in Section 15 of Article VIII, Ohio Constitution and	24443
section 1555.08 of the Revised Code, when appropriated for such	24444
purposes by the general assembly. All investment earnings on the	24445
cash balance in the fund shall be credited to the fund.	24446

The director of budget and management shall establish and	24447
maintain records or accounts for or within the coal research and	24448
development fund in such manner as to show the amounts credited to	24449
such fund pursuant to section 1555.08 of the Revised Code and that	24450
the amounts so credited have been expended for the purposes set	24451
forth in Section 15 of Article VIII, Ohio Constitution, and	24452
section 151.07 of the Revised Code. The director of budget and	24453
management may otherwise manage the fund to comply with any	24454
requirements established by federal grants or loans, private	24455
grants, or moneys from other sources.	24456

Sec. 1711.07. The board of directors of a county or	24457
independent agricultural society shall consist of at least eight	24458
members. An employee of the ~~Ohio state university~~OSU extension	24459
~~service~~ and the county school superintendent shall be members ex	24460
officio. Their terms of office shall be determined by the rules of	24461
the department of agriculture. Any vacancy in the board caused by	24462
death, resignation, refusal to qualify, removal from county, or	24463
other cause may be filled by the board until the society's next	24464
annual election, when a director shall be elected for the	24465
unexpired term. There shall be an annual election of directors by	24466
ballot at a time and a place fixed by the board, but this election	24467
shall not be held later than the first Saturday in December 1994,	24468
and not later than the fifteenth day of November each year	24469
thereafter, beginning in 1995. The secretary of the society shall	24470
give notice of ~~such~~the election, for three weeks prior to the	24471
holding thereof, in a newspaper of general circulation in the	24472
county or as provided in section 7.16 of the Revised Code, or by	24473
letter mailed to each member of the society. Only persons holding	24474
membership certificates at the close of the annual county fair, or	24475
at least fifteen calendar days before the date of election, as may	24476
be fixed by the board, may vote, unless ~~such~~the election is held	24477
on the fairground during the fair, in which case all persons	24478
holding membership certificates on the date and hour of the	24479
election may vote. When the election is to be held during the	24480
fair, notice of ~~such~~the election ~~must~~shall be prominently	24481
mentioned in the premium list, in addition to the notice required	24482
in a newspaper. The terms of office of the retiring directors	24483
shall expire, and those of the directors-elect shall begin, not	24484
later than the first Saturday in January 1995, and not later than	24485
the thirtieth day of November each year thereafter, beginning in	24486
1995.	24487

The secretary of ~~such~~the society shall send the name and	24488
address of each member of its board to the director of agriculture	24489
within ten days after the election.	24490

Sec. 1724.03. (A) After the articles of incorporation have	24491
been filed, and at the first meeting of the board of directors of	24492
a county land reutilization corporation, the board shall adopt	24493
regulations for the government of the corporation, the conduct of	24494
its affairs, and the management of its property, consistent with	24495
law and the articles. The content of the regulations shall be	24496
governed by section 1702.11 of the Revised Code to the extent not	24497
inconsistent with this chapter.	24498

(B) The board of directors of a county land reutilization	24499
corporation shall be composed of five, seven, or nine members,	24500
including the county treasurer, at least two of the members of the	24501
board of county commissioners, one representative of the largest	24502
municipal corporation, based on the population according to the	24503
most recent federal decennial census, that is located in the	24504
county, one representative of a township with a population of at	24505
least ten thousand in the unincorporated area of the township	24506
according to the most recent federal decennial census, if at least	24507
two such townships exist in the county, and any remaining members	24508
selected by the treasurer and the county commissioners who are	24509
members of the corporation's board. The township representative	24510
shall be chosen by a majority of the boards of township trustees	24511
of townships with a population of at least ten thousand in the	24512
unincorporated area of the township according to the most recent	24513
federal decennial census. At least one board member shall have	24514
private sector or nonprofit experience in rehabilitation or real	24515
estate acquisitions. A county treasurer and the county	24516
commissioners each may appoint a representative, as a director of	24517
the corporation, to act for the officer at any of the meetings of	24518
the corporation. Except as may otherwise be authorized by the	24519
regulations of the corporation, all members of the board of	24520
directors shall serve without compensation, but shall be	24521
reimbursed for actual and necessary expenses.	24522

Sec. 1739.061. (A)(1) This section applies to both of the	24523
following:	24524

(a) A multiple employer welfare arrangement that issues or	24525
requires the use of a standardized identification card or an	24526
electronic technology for submission and routing of prescription	24527
drug claims;	24528

(b) A person or entity that a multiple employer welfare	24529
arrangement contracts with to issue a standardized identification	24530
card or an electronic technology described in division (A)(1)(a)	24531
of this section.	24532

(2) Notwithstanding division (A)(1) of this section, this	24533
section does not apply to the issuance or required use of a	24534
standardized identification card or an electronic technology for	24535
the submission and routing of prescription drug claims in	24536
connection with any of the following:	24537

(a) Any program or arrangement covering only accident,	24538
credit, dental, disability income, long-term care, hospital	24539
indemnity, medicare supplement, medicare, tricare, specified	24540
disease, or vision care; coverage under a	24541
one-time-limited-duration policy of not longer than six months;	24542
coverage issued as a supplement to liability insurance; insurance	24543
arising out of workers' compensation or similar law; automobile	24544
medical payment insurance; or insurance under which benefits are	24545
payable with or without regard to fault and which is statutorily	24546
required to be contained in any liability insurance policy or	24547
equivalent self-insurance.	24548

(b) Coverage provided under the medicaid~~, as defined in~~	24549
~~section 5111.01 of the Revised Code~~program.	24550

(c) Coverage provided under an employer's self-insurance plan	24551
or by any of its administrators, as defined in section 3959.01 of	24552
the Revised Code, to the extent that federal law supersedes,	24553
preempts, prohibits, or otherwise precludes the application of	24554
this section to the plan and its administrators.	24555

(B) A standardized identification card or an electronic	24556
technology issued or required to be used as provided in division	24557
(A)(1) of this section shall contain uniform prescription drug	24558
information in accordance with either division (B)(1) or (2) of	24559
this section.	24560

(1) The standardized identification card or the electronic	24561
technology shall be in a format and contain information fields	24562
approved by the national council for prescription drug programs or	24563
a successor organization, as specified in the council's or	24564
successor organization's pharmacy identification card	24565
implementation guide in effect on the first day of October most	24566
immediately preceding the issuance or required use of the	24567
standardized identification card or the electronic technology.	24568

(2) If the multiple employer welfare arrangement or person	24569
under contract with it to issue a standardized identification card	24570
or an electronic technology requires the information for the	24571
submission and routing of a claim, the standardized identification	24572
card or the electronic technology shall contain any of the	24573
following information:	24574

(a) The name of the multiple employer welfare arrangement;

24575

(b) The individual's name, group number, and identification	24576
number;	24577

(c) A telephone number to inquire about pharmacy-related	24578
issues;	24579

(d) The issuer's international identification number, labeled	24580
as "ANSI BIN" or "RxBIN";	24581

(e) The processor's control number, labeled as "RxPCN";

24582

(f) The individual's pharmacy benefits group number if	24583
different from the insured's medical group number, labeled as	24584
"RxGrp."	24585

(C) If the standardized identification card or the electronic	24586
technology issued or required to be used as provided in division	24587
(A)(1) of this section is also used for submission and routing of	24588
nonpharmacy claims, the designation "Rx" is required to be	24589
included as part of the labels identified in divisions (B)(2)(d)	24590
and (e) of this section if the issuer's international	24591
identification number or the processor's control number is	24592
different for medical and pharmacy claims.	24593

(D) Each multiple employer welfare arrangement described in	24594
division (A) of this section shall annually file a certificate	24595
with the superintendent of insurance certifying that it or any	24596
person it contracts with to issue a standardized identification	24597
card or electronic technology for submission and routing of	24598
prescription drug claims complies with this section.	24599

(E)(1) Except as provided in division (E)(2) of this section,	24600
if there is a change in the information contained in the	24601
standardized identification card or the electronic technology	24602
issued to an individual, the multiple employer welfare arrangement	24603
or person under contract with it to issue a standardized	24604
identification card or an electronic technology shall issue a new	24605
card or electronic technology to the individual.	24606

(2) A multiple employer welfare arrangement or person under	24607
contract with it is not required under division (E)(1) of this	24608
section to issue a new card or electronic technology to an	24609
individual more than once during a twelve-month period.	24610

(F) Nothing in this section shall be construed as requiring a	24611
multiple employer welfare arrangement to produce more than one	24612
standardized identification card or one electronic technology for	24613
use by individuals accessing health care benefits provided under a	24614
multiple employer welfare arrangement.	24615

Sec. 1751.01. As used in this chapter:

24616

(A)(1) "Basic health care services" means the following	24617
services when medically necessary:	24618

(a) Physician's services, except when such services are	24619
supplemental under division (B) of this section;	24620

(b) Inpatient hospital services;

24621

24622

(d) Emergency health services;

24623

(e) Urgent care services;

24624

(f) Diagnostic laboratory services and diagnostic and	24625
therapeutic radiologic services;	24626

(g) Diagnostic and treatment services, other than	24627
prescription drug services, for biologically based mental	24628
illnesses;	24629

(h) Preventive health care services, including, but not	24630
limited to, voluntary family planning services, infertility	24631
services, periodic physical examinations, prenatal obstetrical	24632
care, and well-child care;	24633

(i) Routine patient care for patients enrolled in an eligible	24634
cancer clinical trial pursuant to section 3923.80 of the Revised	24635
Code.	24636

"Basic health care services" does not include experimental	24637
procedures.	24638

Except as provided by divisions (A)(2) and (3) of this	24639
section in connection with the offering of coverage for diagnostic	24640
and treatment services for biologically based mental illnesses, a	24641
health insuring corporation shall not offer coverage for a health	24642
care service, defined as a basic health care service by this	24643
division, unless it offers coverage for all listed basic health	24644
care services. However, this requirement does not apply to the	24645
coverage of beneficiaries enrolled in medicare pursuant to a	24646
medicare contract, or to the coverage of beneficiaries enrolled in	24647
the federal employee health benefits program pursuant to 5	24648
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	24649
the coverage of beneficiaries under any federal health care	24650
program regulated by a federal regulatory body, or to the coverage	24651
of beneficiaries under any contract covering officers or employees	24652
of the state that has been entered into by the department of	24653
administrative services.	24654

(2) A health insuring corporation may offer coverage for	24655
diagnostic and treatment services for biologically based mental	24656
illnesses without offering coverage for all other basic health	24657
care services. A health insuring corporation may offer coverage	24658
for diagnostic and treatment services for biologically based	24659
mental illnesses alone or in combination with one or more	24660
supplemental health care services. However, a health insuring	24661
corporation that offers coverage for any other basic health care	24662
service shall offer coverage for diagnostic and treatment services	24663
for biologically based mental illnesses in combination with the	24664
offer of coverage for all other listed basic health care services.	24665

(3) A health insuring corporation that offers coverage for	24666
basic health care services is not required to offer coverage for	24667
diagnostic and treatment services for biologically based mental	24668
illnesses in combination with the offer of coverage for all other	24669
listed basic health care services if all of the following apply:	24670

(a) The health insuring corporation submits documentation	24671
certified by an independent member of the American academy of	24672
actuaries to the superintendent of insurance showing that incurred	24673
claims for diagnostic and treatment services for biologically	24674
based mental illnesses for a period of at least six months	24675
independently caused the health insuring corporation's costs for	24676
claims and administrative expenses for the coverage of basic	24677
health care services to increase by more than one per cent per	24678
year.	24679

(b) The health insuring corporation submits a signed letter	24680
from an independent member of the American academy of actuaries to	24681
the superintendent of insurance opining that the increase in costs	24682
described in division (A)(3)(a) of this section could reasonably	24683
justify an increase of more than one per cent in the annual	24684
premiums or rates charged by the health insuring corporation for	24685
the coverage of basic health care services.	24686

(c) The superintendent of insurance makes the following	24687
determinations from the documentation and opinion submitted	24688
pursuant to divisions (A)(3)(a) and (b) of this section:	24689

(i) Incurred claims for diagnostic and treatment services for	24690
biologically based mental illnesses for a period of at least six	24691
months independently caused the health insuring corporation's	24692
costs for claims and administrative expenses for the coverage of	24693
basic health care services to increase by more than one per cent	24694
per year.	24695

(ii) The increase in costs reasonably justifies an increase	24696
of more than one per cent in the annual premiums or rates charged	24697
by the health insuring corporation for the coverage of basic	24698
health care services.	24699

Any determination made by the superintendent under this	24700
division is subject to Chapter 119. of the Revised Code.	24701

(B)(1) "Supplemental health care services" means any health	24702
care services other than basic health care services that a health	24703
insuring corporation may offer, alone or in combination with	24704
either basic health care services or other supplemental health	24705
care services, and includes:	24706

(a) Services of facilities for intermediate or long-term	24707
care, or both;	24708

(b) Dental care services;

24709

(c) Vision care and optometric services including lenses and	24710
frames;	24711

(d) Podiatric care or foot care services;

24712

(e) Mental health services, excluding diagnostic and	24713
treatment services for biologically based mental illnesses;	24714

(f) Short-term outpatient evaluative and crisis-intervention	24715
mental health services;	24716

(g) Medical or psychological treatment and referral services	24717
for alcohol and drug abuse or addiction;	24718

(h) Home health services;

24719

(i) Prescription drug services;

24720

(j) Nursing services;

24721

(k) Services of a dietitian licensed under Chapter 4759. of	24722
the Revised Code;	24723

(l) Physical therapy services;

24724

(m) Chiropractic services;

24725

(n) Any other category of services approved by the	24726
superintendent of insurance.	24727

(2) If a health insuring corporation offers prescription drug	24728
services under this division, the coverage shall include	24729
prescription drug services for the treatment of biologically based	24730
mental illnesses on the same terms and conditions as other	24731
physical diseases and disorders.	24732

(C) "Specialty health care services" means one of the	24733
supplemental health care services listed in division (B) of this	24734
section, when provided by a health insuring corporation on an	24735
outpatient-only basis and not in combination with other	24736
supplemental health care services.	24737

(D) "Biologically based mental illnesses" means	24738
schizophrenia, schizoaffective disorder, major depressive	24739
disorder, bipolar disorder, paranoia and other psychotic	24740
disorders, obsessive-compulsive disorder, and panic disorder, as	24741
these terms are defined in the most recent edition of the	24742
diagnostic and statistical manual of mental disorders published by	24743
the American psychiatric association.	24744

(E) "Closed panel plan" means a health care plan that	24745
requires enrollees to use participating providers.	24746

(F) "Compensation" means remuneration for the provision of	24747
health care services, determined on other than a fee-for-service	24748
or discounted-fee-for-service basis.	24749

(G) "Contractual periodic prepayment" means the formula for	24750
determining the premium rate for all subscribers of a health	24751
insuring corporation.	24752

(H) "Corporation" means a corporation formed under Chapter	24753
1701. or 1702. of the Revised Code or the similar laws of another	24754
state.	24755

(I) "Emergency health services" means those health care	24756
services that must be available on a seven-days-per-week,	24757
twenty-four-hours-per-day basis in order to prevent jeopardy to an	24758
enrollee's health status that would occur if such services were	24759
not received as soon as possible, and includes, where appropriate,	24760
provisions for transportation and indemnity payments or service	24761
agreements for out-of-area coverage.	24762

(J) "Enrollee" means any natural person who is entitled to	24763
receive health care benefits provided by a health insuring	24764
corporation.	24765

(K) "Evidence of coverage" means any certificate, agreement,	24766
policy, or contract issued to a subscriber that sets out the	24767
coverage and other rights to which such person is entitled under a	24768
health care plan.	24769

(L) "Health care facility" means any facility, except a	24770
health care practitioner's office, that provides preventive,	24771
diagnostic, therapeutic, acute convalescent, rehabilitation,	24772
mental health, mental retardation, intermediate care, or skilled	24773
nursing services.	24774

(M) "Health care services" means basic, supplemental, and	24775
specialty health care services.	24776

(N) "Health delivery network" means any group of providers or	24777
health care facilities, or both, or any representative thereof,	24778
that have entered into an agreement to offer health care services	24779
in a panel rather than on an individual basis.	24780

(O) "Health insuring corporation" means a corporation, as	24781
defined in division (H) of this section, that, pursuant to a	24782
policy, contract, certificate, or agreement, pays for, reimburses,	24783
or provides, delivers, arranges for, or otherwise makes available,	24784
basic health care services, supplemental health care services, or	24785
specialty health care services, or a combination of basic health	24786
care services and either supplemental health care services or	24787
specialty health care services, through either an open panel plan	24788
or a closed panel plan.	24789

"Health insuring corporation" does not include a limited	24790
liability company formed pursuant to Chapter 1705. of the Revised	24791
Code, an insurer licensed under Title XXXIX of the Revised Code if	24792
that insurer offers only open panel plans under which all	24793
providers and health care facilities participating receive their	24794
compensation directly from the insurer, a corporation formed by or	24795
on behalf of a political subdivision or a department, office, or	24796
institution of the state, or a public entity formed by or on	24797
behalf of a board of county commissioners, a county board of	24798
developmental disabilities, an alcohol and drug addiction services	24799
board, a board of alcohol, drug addiction, and mental health	24800
services, or a community mental health board, as those terms are	24801
used in Chapters 340. and 5126. of the Revised Code. Except as	24802
provided by division (D) of section 1751.02 of the Revised Code,	24803
or as otherwise provided by law, no board, commission, agency, or	24804
other entity under the control of a political subdivision may	24805
accept insurance risk in providing for health care services.	24806
However, nothing in this division shall be construed as	24807
prohibiting such entities from purchasing the services of a health	24808
insuring corporation or a third-party administrator licensed under	24809
Chapter 3959. of the Revised Code.	24810

(P) "Intermediary organization" means a health delivery	24811
network or other entity that contracts with licensed health	24812
insuring corporations or self-insured employers, or both, to	24813
provide health care services, and that enters into contractual	24814
arrangements with other entities for the provision of health care	24815
services for the purpose of fulfilling the terms of its contracts	24816
with the health insuring corporations and self-insured employers.	24817

(Q) "Intermediate care" means residential care above the	24818
level of room and board for patients who require personal	24819
assistance and health-related services, but who do not require	24820
skilled nursing care.	24821

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	24822
~~the Revised Code.~~	24823

~~(S)~~ "Medical record" means the personal information that	24824
relates to an individual's physical or mental condition, medical	24825
history, or medical treatment.	24826

~~(T) "Medicare" means the program established under Title~~	24827
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	24828
~~1395, as amended.~~	24829

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	24830
provides incentives for enrollees to use participating providers	24831
and that also allows enrollees to use providers that are not	24832
participating providers.	24833

(2) No health insuring corporation may offer an open panel	24834
plan, unless the health insuring corporation is also licensed as	24835
an insurer under Title XXXIX of the Revised Code, the health	24836
insuring corporation, on June 4, 1997, holds a certificate of	24837
authority or license to operate under Chapter 1736. or 1740. of	24838
the Revised Code, or an insurer licensed under Title XXXIX of the	24839
Revised Code is responsible for the out-of-network risk as	24840
evidenced by both an evidence of coverage filing under section	24841
1751.11 of the Revised Code and a policy and certificate filing	24842
under section 3923.02 of the Revised Code.	24843

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	24844
under section 3701.07 of the Revised Code that advocates	24845
osteopathic principles and the practice and perpetuation of	24846
osteopathic medicine by doing any of the following:	24847

(1) Maintaining a department or service of osteopathic	24848
medicine or a committee on the utilization of osteopathic	24849
principles and methods, under the supervision of an osteopathic	24850
physician;	24851

(2) Maintaining an active medical staff, the majority of	24852
which is comprised of osteopathic physicians;	24853

(3) Maintaining a medical staff executive committee that has	24854
osteopathic physicians as a majority of its members.	24855

~~(W)~~(U) "Panel" means a group of providers or health care	24856
facilities that have joined together to deliver health care	24857
services through a contractual arrangement with a health insuring	24858
corporation, employer group, or other payor.	24859

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	24860
the Revised Code, and, unless the context otherwise requires,	24861
includes any insurance company holding a certificate of authority	24862
under Title XXXIX of the Revised Code, any subsidiary and	24863
affiliate of an insurance company, and any government agency.	24864

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	24865
subscriber to a health insuring corporation. A "premium rate" does	24866
not include a one-time membership fee, an annual administrative	24867
fee, or a nominal access fee, paid to a managed health care system	24868
under which the recipient of health care services remains solely	24869
responsible for any charges accessed for those services by the	24870
provider or health care facility.	24871

~~(Z)~~(X) "Primary care provider" means a provider that is	24872
designated by a health insuring corporation to supervise,	24873
coordinate, or provide initial care or continuing care to an	24874
enrollee, and that may be required by the health insuring	24875
corporation to initiate a referral for specialty care and to	24876
maintain supervision of the health care services rendered to the	24877
enrollee.	24878

~~(AA)~~(Y) "Provider" means any natural person or partnership of	24879
natural persons who are licensed, certified, accredited, or	24880
otherwise authorized in this state to furnish health care	24881
services, or any professional association organized under Chapter	24882
1785. of the Revised Code, provided that nothing in this chapter	24883
or other provisions of law shall be construed to preclude a health	24884
insuring corporation, health care practitioner, or organized	24885
health care group associated with a health insuring corporation	24886
from employing certified nurse practitioners, certified nurse	24887
anesthetists, clinical nurse specialists, certified nurse	24888
midwives, dietitians, physician assistants, dental assistants,	24889
dental hygienists, optometric technicians, or other allied health	24890
personnel who are licensed, certified, accredited, or otherwise	24891
authorized in this state to furnish health care services.	24892

~~(BB)~~(Z) "Provider sponsored organization" means a	24893
corporation, as defined in division (H) of this section, that is	24894
at least eighty per cent owned or controlled by one or more	24895
hospitals, as defined in section 3727.01 of the Revised Code, or	24896
one or more physicians licensed to practice medicine or surgery or	24897
osteopathic medicine and surgery under Chapter 4731. of the	24898
Revised Code, or any combination of such physicians and hospitals.	24899
Such control is presumed to exist if at least eighty per cent of	24900
the voting rights or governance rights of a provider sponsored	24901
organization are directly or indirectly owned, controlled, or	24902
otherwise held by any combination of the physicians and hospitals	24903
described in this division.	24904

~~(CC)~~(AA) "Solicitation document" means the written materials	24905
provided to prospective subscribers or enrollees, or both, and	24906
used for advertising and marketing to induce enrollment in the	24907
health care plans of a health insuring corporation.	24908

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	24909
making payments to a health insuring corporation for participation	24910
in a health care plan, or an enrollee whose employment or other	24911
status is the basis of eligibility for enrollment in a health	24912
insuring corporation.	24913

~~(EE)~~(CC) "Urgent care services" means those health care	24914
services that are appropriately provided for an unforeseen	24915
condition of a kind that usually requires medical attention	24916
without delay but that does not pose a threat to the life, limb,	24917
or permanent health of the injured or ill person, and may include	24918
such health care services provided out of the health insuring	24919
corporation's approved service area pursuant to indemnity payments	24920
or service agreements.	24921

Sec. 1751.11. (A) Every subscriber of a health insuring	24922
corporation is entitled to an evidence of coverage for the health	24923
care plan under which health care benefits are provided.	24924

(B) Every subscriber of a health insuring corporation that	24925
offers basic health care services is entitled to an identification	24926
card or similar document that specifies the health insuring	24927
corporation's name as stated in its articles of incorporation, and	24928
any trade or fictitious names used by the health insuring	24929
corporation. The identification card or document shall list at	24930
least one toll-free telephone number that provides the subscriber	24931
with access, to information on a twenty-four-hours-per-day,	24932
seven-days-per-week basis, as to how health care services may be	24933
obtained. The identification card or document shall also list at	24934
least one toll-free number that, during normal business hours,	24935
provides the subscriber with access to information on the coverage	24936
available under the subscriber's health care plan and information	24937
on the health care plan's internal and external review processes.	24938

(C) No evidence of coverage, or amendment to the evidence of	24939
coverage, shall be delivered, issued for delivery, renewed, or	24940
used, until the form of the evidence of coverage or amendment has	24941
been filed by the health insuring corporation with the	24942
superintendent of insurance. If the superintendent does not	24943
disapprove the evidence of coverage or amendment within sixty days	24944
after it is filed it shall be deemed approved, unless the	24945
superintendent sooner gives approval for the evidence of coverage	24946
or amendment. With respect to an amendment to an approved evidence	24947
of coverage, the superintendent only may disapprove provisions	24948
amended or added to the evidence of coverage. If the	24949
superintendent determines within the sixty-day period that any	24950
evidence of coverage or amendment fails to meet the requirements	24951
of this section, the superintendent shall so notify the health	24952
insuring corporation and it shall be unlawful for the health	24953
insuring corporation to use such evidence of coverage or	24954
amendment. At any time, the superintendent, upon at least thirty	24955
days' written notice to a health insuring corporation, may	24956
withdraw an approval, deemed or actual, of any evidence of	24957
coverage or amendment on any of the grounds stated in this	24958
section. Such disapproval shall be effected by a written order,	24959
which shall state the grounds for disapproval and shall be issued	24960
in accordance with Chapter 119. of the Revised Code.	24961

(D) No evidence of coverage or amendment shall be delivered,	24962
issued for delivery, renewed, or used:	24963

(1) If it contains provisions or statements that are	24964
inequitable, untrue, misleading, or deceptive;	24965

(2) Unless it contains a clear, concise, and complete	24966
statement of the following:	24967

(a) The health care services and insurance or other benefits,	24968
if any, to which an enrollee is entitled under the health care	24969
plan;	24970

(b) Any exclusions or limitations on the health care	24971
services, type of health care services, benefits, or type of	24972
benefits to be provided, including copayments and deductibles;	24973

(c) An enrollee's personal financial obligation for	24974
noncovered services;	24975

(d) Where and in what manner general information and	24976
information as to how health care services may be obtained is	24977
available, including a toll-free telephone number;	24978

(e) The premium rate with respect to individual and	24979
conversion contracts, and relevant copayment and deductible	24980
provisions with respect to all contracts. The statement of the	24981
premium rate, however, may be contained in a separate insert.	24982

(f) The method utilized by the health insuring corporation	24983
for resolving enrollee complaints;	24984

(g) The utilization review, internal review, and external	24985
review procedures established under sections 1751.77 to 1751.83	24986
and Chapter 3922. of the Revised Code.	24987

(3) Unless it provides for the continuation of an enrollee's	24988
coverage, in the event that the enrollee's coverage under the	24989
group policy, contract, certificate, or agreement terminates while	24990
the enrollee is receiving inpatient care in a hospital. This	24991
continuation of coverage shall terminate at the earliest	24992
occurrence of any of the following:	24993

(a) The enrollee's discharge from the hospital;

24994

(b) The determination by the enrollee's attending physician	24995
that inpatient care is no longer medically indicated for the	24996
enrollee; however, nothing in division (D)(3)(b) of this section	24997
precludes a health insuring corporation from engaging in	24998
utilization review as described in the evidence of coverage.	24999

(c) The enrollee's reaching the limit for contractual	25000
benefits;	25001

(d) The effective date of any new coverage.

25002

(4) Unless it contains a provision that states, in substance,	25003
that the health insuring corporation is not a member of any	25004
guaranty fund, and that in the event of the health insuring	25005
corporation's insolvency, an enrollee is protected only to the	25006
extent that the hold harmless provision required by section	25007
1751.13 of the Revised Code applies to the health care services	25008
rendered;	25009

(5) Unless it contains a provision that states, in substance,	25010
that in the event of the insolvency of the health insuring	25011
corporation, an enrollee may be financially responsible for health	25012
care services rendered by a provider or health care facility that	25013
is not under contract to the health insuring corporation, whether	25014
or not the health insuring corporation authorized the use of the	25015
provider or health care facility.	25016

(E) Notwithstanding divisions (C) and (D) of this section, a	25017
health insuring corporation may use an evidence of coverage that	25018
provides for the coverage of beneficiaries enrolled in medicare	25019
pursuant to a medicare contract, or an evidence of coverage that	25020
provides for the coverage of beneficiaries enrolled in the federal	25021
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	25022
an evidence of coverage that provides for the coverage of medicaid	25023
recipients, or an evidence of coverage that provides for the	25024
coverage of beneficiaries under any other federal health care	25025
program regulated by a federal regulatory body, or an evidence of	25026
coverage that provides for the coverage of beneficiaries under any	25027
contract covering officers or employees of the state that has been	25028
entered into by the department of administrative services, if both	25029
of the following apply:	25030

(1) The evidence of coverage has been approved by the United	25031
States department of health and human services, the United States	25032
office of personnel management, the ~~Ohio~~ department of ~~job and~~	25033
~~family services~~medicaid, or the department of administrative	25034
services.	25035

(2) The evidence of coverage is filed with the superintendent	25036
of insurance prior to use and is accompanied by documentation of	25037
approval from the United States department of health and human	25038
services, the United States office of personnel management, the	25039
~~Ohio~~ department of ~~job and family services~~medicaid, or the	25040
department of administrative services.	25041

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	25042
no premium rate for nongroup and conversion policies for health	25043
care services, or any amendment to them, may be used by any health	25044
insuring corporation at any time until the contractual periodic	25045
prepayment and premium rate, or amendment, have been filed with	25046
the superintendent of insurance, and shall not be effective until	25047
the expiration of sixty days after their filing unless the	25048
superintendent sooner gives approval. The filing shall be	25049
accompanied by an actuarial certification in the form prescribed	25050
by the superintendent. The superintendent shall disapprove the	25051
filing, if the superintendent determines within the sixty-day	25052
period that the contractual periodic prepayment or premium rate,	25053
or amendment, is not in accordance with sound actuarial principles	25054
or is not reasonably related to the applicable coverage and	25055
characteristics of the applicable class of enrollees. The	25056
superintendent shall notify the health insuring corporation of the	25057
disapproval, and it shall thereafter be unlawful for the health	25058
insuring corporation to use the contractual periodic prepayment or	25059
premium rate, or amendment.	25060

(2) No contractual periodic prepayment for group policies for	25061
health care services shall be used until the contractual periodic	25062
prepayment has been filed with the superintendent. The filing	25063
shall be accompanied by an actuarial certification in the form	25064
prescribed by the superintendent. The superintendent may reject a	25065
filing made under division (A)(2) of this section at any time,	25066
with at least thirty days' written notice to a health insuring	25067
corporation, if the contractual periodic prepayment is not in	25068
accordance with sound actuarial principles or is not reasonably	25069
related to the applicable coverage and characteristics of the	25070
applicable class of enrollees.	25071

(3) At any time, the superintendent, upon at least thirty	25072
days' written notice to a health insuring corporation, may	25073
withdraw the approval given under division (A)(1) of this section,	25074
deemed or actual, of any contractual periodic prepayment or	25075
premium rate, or amendment, based on information that either of	25076
the following applies:	25077

(a) The contractual periodic prepayment or premium rate, or	25078
amendment, is not in accordance with sound actuarial principles.	25079

(b) The contractual periodic prepayment or premium rate, or	25080
amendment, is not reasonably related to the applicable coverage	25081
and characteristics of the applicable class of enrollees.	25082

(4) Any disapproval under division (A)(1) of this section,	25083
any rejection of a filing made under division (A)(2) of this	25084
section, or any withdrawal of approval under division (A)(3) of	25085
this section, shall be effected by a written notice, which shall	25086
state the specific basis for the disapproval, rejection, or	25087
withdrawal and shall be issued in accordance with Chapter 119. of	25088
the Revised Code.	25089

(B) Notwithstanding division (A) of this section, a health	25090
insuring corporation may use a contractual periodic prepayment or	25091
premium rate for policies used for the coverage of beneficiaries	25092
enrolled in medicare pursuant to a medicare risk contract or	25093
medicare cost contract, or for policies used for the coverage of	25094
beneficiaries enrolled in the federal employees health benefits	25095
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	25096
coverage of medicaid recipients, or for policies used for the	25097
coverage of beneficiaries under any other federal health care	25098
program regulated by a federal regulatory body, or for policies	25099
used for the coverage of beneficiaries under any contract covering	25100
officers or employees of the state that has been entered into by	25101
the department of administrative services, if both of the	25102
following apply:	25103

(1) The contractual periodic prepayment or premium rate has	25104
been approved by the United States department of health and human	25105
services, the United States office of personnel management, the	25106
department of ~~job and family services~~medicaid, or the department	25107
of administrative services.	25108

(2) The contractual periodic prepayment or premium rate is	25109
filed with the superintendent prior to use and is accompanied by	25110
documentation of approval from the United States department of	25111
health and human services, the United States office of personnel	25112
management, the department of ~~job and family services~~medicaid, or	25113
the department of administrative services.	25114

(C) The administrative expense portion of all contractual	25115
periodic prepayment or premium rate filings submitted to the	25116
superintendent for review must reflect the actual cost of	25117
administering the product. The superintendent may require that the	25118
administrative expense portion of the filings be itemized and	25119
supported.	25120

(D)(1) Copayments must be reasonable and must not be a	25121
barrier to the necessary utilization of services by enrollees.	25122

(2) A health insuring corporation, in order to ensure that	25123
copayments are reasonable and not a barrier to the necessary	25124
utilization of basic health care services by enrollees, may do one	25125
of the following:	25126

(a) Impose copayment charges on any single covered basic	25127
health care service that does not exceed forty per cent of the	25128
average cost to the health insuring corporation of providing the	25129
service;	25130

(b) Impose copayment charges that annually do not exceed	25131
twenty per cent of the total annual cost to the health insuring	25132
corporation of providing all covered basic health care services,	25133
including physician office visits, urgent care services, and	25134
emergency health services, when aggregated as to all persons	25135
covered under the filed product in question. In addition, annual	25136
copayment charges as to each enrollee shall not exceed twenty per	25137
cent of the total annual cost to the health insuring corporation	25138
of providing all covered basic health care services, including	25139
physician office visits, urgent care services, and emergency	25140
health services, as to such enrollee. The total annual cost of	25141
providing a health care service is the cost to the health insuring	25142
corporation of providing the health care service to its enrollees	25143
as reduced by any applicable provider discount.	25144

(3) To ensure that copayments are reasonable and not a	25145
barrier to the utilization of basic health care services, a health	25146
insuring corporation may not impose, in any contract year, on any	25147
subscriber or enrollee, copayments that exceed two hundred per	25148
cent of the average annual premium rate to subscribers or	25149
enrollees.	25150

(4) For purposes of division (D) of this section, both of the	25151
following apply:	25152

(a) Copayments imposed by health insuring corporations in	25153
connection with a high deductible health plan that is linked to a	25154
health savings account are reasonable and are not a barrier to the	25155
necessary utilization of services by enrollees.	25156

(b) Divisions (D)(2) and (3) of this section do not apply to	25157
a high deductible health plan that is linked to a health savings	25158
account.	25159

(E) A health insuring corporation shall not impose lifetime	25160
maximums on basic health care services. However, a health insuring	25161
corporation may establish a benefit limit for inpatient hospital	25162
services that are provided pursuant to a policy, contract,	25163
certificate, or agreement for supplemental health care services.	25164

(F) A health insuring corporation may require that an	25165
enrollee pay an annual deductible that does not exceed one	25166
thousand dollars per enrollee or two thousand dollars per family,	25167
except that:	25168

(1) A health insuring corporation may impose higher	25169
deductibles for high deductible health plans that are linked to	25170
health savings accounts;	25171

(2) The superintendent may adopt rules allowing different	25172
annual deductible amounts for plans with a medical savings	25173
account, health reimbursement arrangement, flexible spending	25174
account, or similar account;	25175

(3) A health insuring corporation may impose higher	25176
deductibles under health plans if requested by the group contract,	25177
policy, certificate, or agreement holder, or an individual seeking	25178
coverage under an individual health plan. This shall not be	25179
construed as requiring the health insuring corporation to create	25180
customized health plans for group contract holders or individuals.	25181

(G) As used in this section, "health savings account" and	25182
"high deductible health plan" have the same meanings as in the	25183
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	25184
amended.	25185

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	25186
Revised Code, any policy, contract, or agreement for health care	25187
services authorized by this chapter that is issued, delivered, or	25188
renewed in this state and that provides that coverage of an	25189
unmarried dependent child will terminate upon attainment of the	25190
limiting age for dependent children specified in the policy,	25191
contract, or agreement, shall also provide in substance both of	25192
the following:	25193

(1) Once an unmarried child has attained the limiting age for	25194
dependent children, as provided in the policy, contract, or	25195
agreement, upon the request of the subscriber, the health insuring	25196
corporation shall offer to cover the unmarried child until the	25197
child attains twenty-eight years of age if all of the following	25198
are true:	25199

(a) The child is the natural child, stepchild, or adopted	25200
child of the subscriber.	25201

(b) The child is a resident of this state or a full-time	25202
student at an accredited public or private institution of higher	25203
education.	25204

(c) The child is not employed by an employer that offers any	25205
health benefit plan under which the child is eligible for	25206
coverage.	25207

(d) The child is not eligible for coverage under the medicaid	25208
program ~~established under Chapter 5111. of the Revised Code~~ or the	25209
medicare program ~~established under Title XVIII of the "Social~~	25210
~~Security Act," 42 U.S.C. 1395~~.	25211

(2) That attainment of the limiting age for dependent	25212
children shall not operate to terminate the coverage of a	25213
dependent child if the child is and continues to be both of the	25214
following:	25215

(a) Incapable of self-sustaining employment by reason of	25216
mental retardation or physical handicap;	25217

(b) Primarily dependent upon the subscriber for support and	25218
maintenance.	25219

(B) Proof of incapacity and dependence for purposes of	25220
division (A)(2) of this section shall be furnished to the health	25221
insuring corporation within thirty-one days of the child's	25222
attainment of the limiting age. Upon request, but not more	25223
frequently than annually, the health insuring corporation may	25224
require proof satisfactory to it of the continuance of such	25225
incapacity and dependency.	25226

25227

(1) Require that any policy, contract, or agreement offer	25228
coverage for dependent children or provide coverage for an	25229
unmarried dependent child's children as dependents on the policy,	25230
contract, or agreement;	25231

(2) Require an employer to pay for any part of the premium	25232
for an unmarried dependent child that has attained the limiting	25233
age for dependents, as provided in the policy, contract, or	25234
agreement;	25235

(3) Require an employer to offer health insurance coverage to	25236
the dependents of any employee.	25237

(D) This section does not apply to any health insuring	25238
corporation policy, contract, or agreement offering only	25239
supplemental health care services or specialty health care	25240
services.	25241

(E) As used in this section, "health benefit plan" has the	25242
same meaning as in section 3924.01 of the Revised Code and also	25243
includes both of the following:	25244

(1) A public employee benefit plan;

25245

(2) A health benefit plan as regulated under the "Employee	25246
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	25247

Sec. 1751.271. (A) Each health insuring corporation that	25248
provides coverage to medicaid recipients shall post a performance	25249
bond in the amount of three million dollars as security to fulfill	25250
the obligations of the health insuring corporation to pay claims	25251
of contracted providers for covered health care services provided	25252
to medicaid recipients. The bond shall be payable to the	25253
department of insurance in the event that the health insuring	25254
corporation is placed in rehabilitation or liquidation proceedings	25255
under Chapter 3903. of the Revised Code, and shall become a	25256
special deposit subject to section 3903.14 or 3903.421 of the	25257
Revised Code, as applicable. In lieu of the performance bond, a	25258
medicaid health insuring corporation may deposit securities with	25259
the superintendent of insurance, acceptable to the superintendent,	25260
in the amount of three million dollars, to satisfy the bonding	25261
requirements of this section. Upon rehabilitation or liquidation,	25262
the securities shall become a special deposit subject to sections	25263
3903.14 and 3903.421 of the Revised Code, as applicable. The	25264
health insuring corporation shall receive the interest on the	25265
deposited securities as long as the health insuring corporation	25266
remains solvent.	25267

(B) The bond shall be issued by a surety company licensed	25268
with the department of insurance. The bond or deposit, or any	25269
replacement bond or deposit, shall be in a form acceptable to the	25270
superintendent, and shall remain in effect during the duration of	25271
the medicaid health insuring corporation's license and thereafter	25272
until all claims against the medicaid health insuring corporation	25273
have been paid in full.	25274

(C) Documentation of the bond acceptable to the	25275
superintendent of insurance shall be filed with the superintendent	25276
prior to the issuance of a certificate of authority. Annually,	25277
thirty days prior to the renewal of its certificate of authority,	25278
every medicaid health insuring corporation shall furnish the	25279
superintendent of insurance with evidence that the required bond	25280
is still in effect.	25281

(D) As used in this section:

25282

(1) "Contracted provider" means a provider that has a	25283
contract with a medicaid health insuring corporation to provide	25284
covered health care services to medicaid recipients.	25285

(2) "Medicaid health insuring corporation" means a health	25286
insuring corporation that provides health insurance coverage or	25287
otherwise assumes claims liabilities for medicaid recipients.	25288

(3) "Medicaid recipient" means a person ~~eligible for~~	25289
~~assistance under~~enrolled in the medicaid program ~~operated~~	25290
~~pursuant to Chapter 5111. of the Revised Code~~.	25291

Sec. 1751.31. (A) Any changes in a health insuring	25292
corporation's solicitation document shall be filed with the	25293
superintendent of insurance. The superintendent, within sixty days	25294
of filing, may disapprove any solicitation document or amendment	25295
to it on any of the grounds stated in this section. Such	25296
disapproval shall be effected by written notice to the health	25297
insuring corporation. The notice shall state the grounds for	25298
disapproval and shall be issued in accordance with Chapter 119. of	25299
the Revised Code.	25300

(B) The solicitation document shall contain all information	25301
necessary to enable a consumer to make an informed choice as to	25302
whether or not to enroll in the health insuring corporation. The	25303
information shall include a specific description of the health	25304
care services to be available and the approximate number and type	25305
of full-time equivalent medical practitioners. The information	25306
shall be presented in the solicitation document in a manner that	25307
is clear, concise, and intelligible to prospective applicants in	25308
the proposed service area.	25309

(C) Every potential applicant whose subscription to a health	25310
care plan is solicited shall receive, at or before the time of	25311
solicitation, a solicitation document approved by the	25312
superintendent.	25313

(D) Notwithstanding division (A) of this section, a health	25314
insuring corporation may use a solicitation document that the	25315
corporation uses in connection with policies for medicare	25316
beneficiaries pursuant to a medicare risk contract or medicare	25317
cost contract, or for policies for beneficiaries of the federal	25318
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	25319
for policies for medicaid recipients, or for policies for	25320
beneficiaries of any other federal health care program regulated	25321
by a federal regulatory body, or for policies for beneficiaries of	25322
contracts covering officers or employees of the state entered into	25323
by the department of administrative services, if both of the	25324
following apply:	25325

(1) The solicitation document has been approved by the United	25326
States department of health and human services, the United States	25327
office of personnel management, the department of ~~job and family~~	25328
~~services~~medicaid, or the department of administrative services.	25329

(2) The solicitation document is filed with the	25330
superintendent of insurance prior to use and is accompanied by	25331
documentation of approval from the United States department of	25332
health and human services, the United States office of personnel	25333
management, the department of ~~job and family services~~medicaid, or	25334
the department of administrative services.	25335

(E) No health insuring corporation, or its agents or	25336
representatives, shall use monetary or other valuable	25337
consideration, engage in misleading or deceptive practices, or	25338
make untrue, misleading, or deceptive representations to induce	25339
enrollment. Nothing in this division shall prohibit incentive	25340
forms of remuneration such as commission sales programs for the	25341
health insuring corporation's employees and agents.	25342

(F) Any person obligated for any part of a premium rate in	25343
connection with an enrollment agreement, in addition to any right	25344
otherwise available to revoke an offer, may cancel such agreement	25345
within seventy-two hours after having signed the agreement or	25346
offer to enroll. Cancellation occurs when written notice of the	25347
cancellation is given to the health insuring corporation or its	25348
agents or other representatives. A notice of cancellation mailed	25349
to the health insuring corporation shall be considered to have	25350
been filed on its postmark date.	25351

(G) Nothing in this section shall prohibit healthy lifestyle	25352
programs.	25353

Sec. 1751.60. (A) Except as provided for in divisions (E)	25354
and (F) of this section, every provider or health care facility	25355
that contracts with a health insuring corporation to provide	25356
health care services to the health insuring corporation's	25357
enrollees or subscribers shall seek compensation for covered	25358
services solely from the health insuring corporation and not,	25359
under any circumstances, from the enrollees or subscribers, except	25360
for approved copayments and deductibles.	25361

(B) No subscriber or enrollee of a health insuring	25362
corporation is liable to any contracting provider or health care	25363
facility for the cost of any covered health care services, if the	25364
subscriber or enrollee has acted in accordance with the evidence	25365
of coverage.	25366

(C) Except as provided for in divisions (E) and (F) of this	25367
section, every contract between a health insuring corporation and	25368
provider or health care facility shall contain a provision	25369
approved by the superintendent of insurance requiring the provider	25370
or health care facility to seek compensation solely from the	25371
health insuring corporation and not, under any circumstances, from	25372
the subscriber or enrollee, except for approved copayments and	25373
deductibles.	25374

(D) Nothing in this section shall be construed as preventing	25375
a provider or health care facility from billing the enrollee or	25376
subscriber of a health insuring corporation for noncovered	25377
services.	25378

(E) Upon application by a health insuring corporation and a	25379
provider or health care facility, the superintendent may waive the	25380
requirements of divisions (A) and (C) of this section when, in	25381
addition to the reserve requirements contained in section 1751.28	25382
of the Revised Code, the health insuring corporation provides	25383
sufficient assurances to the superintendent that the provider or	25384
health care facility has been provided with financial guarantees.	25385
No waiver of the requirements of divisions (A) and (C) of this	25386
section is effective as to enrollees or subscribers for whom the	25387
health insuring corporation is compensated under a provider	25388
agreement or risk contract entered into ~~pursuant to Chapter 5111.~~	25389
~~or 5115. of the Revised Code~~under the medicaid program.	25390

(F) The requirements of divisions (A) to (C) of this section	25391
apply only to health care services provided to an enrollee or	25392
subscriber prior to the effective date of a termination of a	25393
contract between the health insuring corporation and the provider	25394
or health care facility.	25395

Sec. 1923.14. (A) Except as otherwise provided in this	25396
section, within ten days after receiving a writ of execution	25397
described in division (A) or (B) of section 1923.13 of the Revised	25398
Code, the sheriff, police officer, constable, or bailiff shall	25399
execute it by restoring the plaintiff to the possession of the	25400
premises, and shall levy and collect the costs and make return, as	25401
upon other executions. If an appeal from the judgment of	25402
restitution is filed and if, following the filing of the appeal, a	25403
stay of execution is obtained and any required bond is filed with	25404
the court of common pleas, municipal court, or county court, the	25405
judge of that court immediately shall issue an order to the	25406
sheriff, police officer, constable, or bailiff commanding the	25407
delay of all further proceedings upon the execution. If the	25408
premises have been restored to the plaintiff, the sheriff, police	25409
officer, constable, or bailiff shall forthwith place the defendant	25410
in possession of them, and return the writ with the sheriff's,	25411
police officer's, constable's, or bailiff's proceedings and the	25412
costs taxed on it.	25413

(B)(1) After a court of common pleas, municipal court, or	25414
county court issues a writ of execution described in division (B)	25415
of section 1923.13 of the Revised Code, the clerk of the court	25416
shall send by regular mail, to the last known address of the	25417
titled owner of the manufactured home, mobile home, or	25418
recreational vehicle that is the subject of the writ and to the	25419
last known address of each other person who is listed on the writ	25420
as having any outstanding right, title, or interest in the home,	25421
vehicle, or personal property and to the auditor and treasurer of	25422
the county in which the court is located, a written notice that	25423
the home or vehicle potentially may be sold, destroyed, or have	25424
its title transferred under the circumstances described in	25425
division (B)(3) or (4) of this section.	25426

(2) Except as otherwise provided in this division, after	25427
receiving a writ of execution described in division (B) of section	25428
1923.13 of the Revised Code, and after causing the defendant to be	25429
removed from the residential premises of the manufactured home	25430
park, if necessary, in accordance with the writ, the sheriff,	25431
police officer, constable, or bailiff may cause the manufactured	25432
home, mobile home, or recreational vehicle that is the subject of	25433
the writ, and all personal property on the residential premises,	25434
at the sheriff's, police officer's, constable's, or bailiff's	25435
option, either to be removed from the manufactured home park and,	25436
if necessary, moved to a storage facility of the sheriff's, police	25437
officer's, constable's, or bailiff's choice, or to be retained at	25438
their current location on the residential premises, until they are	25439
claimed by the defendant or they are disposed of in a manner	25440
authorized by division (B)(3), (4), or (6) of this section or by	25441
another section of the Revised Code. The sheriff, police officer,	25442
constable, or bailiff shall not cause the manufactured home,	25443
mobile home, or recreational vehicle that is the subject of the	25444
writ, or the personal property, to be removed from the	25445
manufactured home park or moved to a storage facility if the	25446
holder of any outstanding lien, right, title, or interest in the	25447
home or vehicle, other than the titled owner of the home or	25448
vehicle, meets the conditions set forth in division (B)(6) or (7)	25449
of this section.	25450

The sheriff, police officer, constable, or bailiff who	25451
removes the manufactured home, mobile home, or recreational	25452
vehicle, or the abandoned personal property, from the residential	25453
premises shall be immune from civil liability pursuant to section	25454
2744.03 of the Revised Code for any damage caused to the home,	25455
vehicle, or any personal property during the removal. The park	25456
operator shall not be liable for any damage caused by the park	25457
operator's removal of the manufactured home, mobile home, or	25458
recreational vehicle or the removal of the personal property from	25459
the residential premises, or for any damage to the home, vehicle,	25460
or personal property during the time the home, vehicle, or	25461
property remains abandoned or stored in the manufactured home	25462
park, unless the damage is the result of acts that the park	25463
operator or the park operator's agents or employees performed with	25464
malicious purpose, in bad faith, or in a wanton or reckless	25465
manner. The reasonable costs for a removal of the manufactured	25466
home, mobile home, or recreational vehicle and personal property	25467
and, as applicable, the reasonable costs for its storage shall	25468
constitute a lien upon the home or vehicle payable by the titled	25469
owner of the home or vehicle or payable pursuant to division	25470
(B)(3) of this section.	25471

(3) Except as provided in divisions (B)(4), (5), and (6) of	25472
this section and division (D) of section 1923.12 of the Revised	25473
Code, within sixty days after receiving a writ of execution	25474
described in division (B) of section 1923.13 of the Revised Code,	25475
the sheriff, police officer, constable, or bailiff shall commence	25476
proceedings for the sale of the manufactured home, mobile home, or	25477
recreational vehicle that is the subject of the writ, and the	25478
abandoned personal property on the residential premises, if the	25479
home or vehicle is determined to be abandoned in accordance with	25480
the procedures for the sale of goods on execution under Chapter	25481
2329. of the Revised Code. In addition to all notices required to	25482
be given under section 2329.13 of the Revised Code, the sheriff,	25483
police officer, constable, or bailiff shall serve at their	25484
respective last known addresses a written notice of the date,	25485
time, and place of the sale upon all persons who are listed on the	25486
writ of execution as having any outstanding right, title, or	25487
interest in the abandoned manufactured home, mobile home, or	25488
recreational vehicle and the personal property and shall provide	25489
written notice to the auditor and the treasurer of the county in	25490
which the court issuing the writ is located.	25491

Unless the proceedings are governed by division (D) of	25492
section 1923.12 of the Revised Code, notwithstanding any statutory	25493
provision to the contrary, including, but not limited to, section	25494
2329.66 of the Revised Code, there shall be no stay of execution	25495
or exemption from levy or sale on execution available to the	25496
titled owner of the abandoned manufactured home, mobile home, or	25497
recreational vehicle in relation to a sale under this division.	25498
Except as otherwise provided in sections 2113.031, 2117.25, and	25499
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	25500
resident or resident's estate, the sheriff, police officer,	25501
constable, or bailiff shall distribute the proceeds from the sale	25502
of an abandoned manufactured home, mobile home, or recreational	25503
vehicle and any personal property under this division in the	25504
following manner:	25505

(a) The sheriff, police officer, constable, or bailiff shall	25506
first pay the costs for any moving of and any storage outside the	25507
manufactured home park of the home or vehicle and any personal	25508
property pursuant to division (B)(2) of this section, the costs of	25509
the sale, including reimbursing the park operator for the deposit	25510
that the park operator paid to the clerk of court under division	25511
(C) of section 1923.12 of the Revised Code, and any unpaid court	25512
costs assessed against the defendant in the underlying action.	25513

(b) Following the payment required by division (B)(3)(a) of	25514
this section, the sheriff, police officer, constable, or bailiff	25515
shall pay all outstanding tax liens on the home or vehicle.	25516

(c) Following the payment required by division (B)(3)(b) of	25517
this section, the sheriff, police officer, constable, or bailiff	25518
shall pay all other outstanding security interests, liens, or	25519
encumbrances on the home or vehicle by priority of filing or other	25520
priority.	25521

(d) Following the payment required by division (B)(3)(c) of	25522
this section, the sheriff, police officer, constable, or bailiff	25523
shall pay any outstanding monetary judgment rendered under section	25524
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	25525
and any costs associated with retaining the home or vehicle prior	25526
to the sale at its location on the residential premises within the	25527
manufactured home park pursuant to division (B)(2) of this	25528
section.	25529

(e) After complying with divisions (B)(3)(a) to (d) of this	25530
section, the sheriff, police officer, constable, or bailiff shall	25531
report any remaining money as unclaimed funds pursuant to Chapter	25532
169. of the Revised Code.	25533

Upon the return of any writ of execution for the satisfaction	25534
of which an abandoned manufactured home, mobile home, or	25535
recreational vehicle has been sold under this division, on careful	25536
examination of the proceedings of the sheriff, police officer,	25537
constable, or bailiff conducting the sale, if the court that	25538
issued the writ finds that the sale was made, in all respects, in	25539
conformity with the relevant provisions of Chapter 2329. of the	25540
Revised Code and with this division, it shall direct the clerk of	25541
the court to make an entry on the journal that the court is	25542
satisfied with the legality of the sale and the court shall direct	25543
the clerk of the court of common pleas of the county in which the	25544
writ was issued to issue a certificate of title, free and clear of	25545
all security interests, liens, and encumbrances, to the purchaser	25546
of the home or vehicle. The clerk of the court of common pleas	25547
shall issue the new certificate of title to the purchaser of the	25548
home or vehicle regardless of whether the writ was issued by the	25549
court of common pleas or another court duly authorized to issue	25550
the writ. If the manufactured home, mobile home, or recreational	25551
vehicle sold under this division is located in a manufactured home	25552
park, the purchaser of the home or vehicle shall have no right to	25553
maintain the home or vehicle in the manufactured home park without	25554
the park operator's consent and the sheriff, police officer,	25555
constable, or bailiff conducting the sale shall notify all	25556
prospective purchasers of this fact prior to the commencement of	25557
the sale.	25558

If, after it is offered for sale on two occasions under this	25559
division, the abandoned manufactured home, mobile home, or	25560
recreational vehicle cannot be sold due to a want of bidders, the	25561
sheriff, police officer, constable, or bailiff shall present the	25562
writ of execution unsatisfied to the clerk of the court of common	25563
pleas of the county in which the writ was issued for the issuance	25564
by the clerk in the manner prescribed in section 4505.10 of the	25565
Revised Code of a certificate of title transferring the title of	25566
the home or vehicle to the plaintiff, free and clear of all	25567
security interests, liens, and encumbrances. The clerk of the	25568
court of common pleas shall issue the new certificate of title	25569
transferring the title of the manufactured home, mobile home, or	25570
recreational vehicle to the plaintiff regardless of whether the	25571
writ was issued by the court of common pleas or another court duly	25572
authorized to issue the writ. If any taxes are owed on the home or	25573
vehicle at this time, the county auditor shall remove the	25574
delinquent taxes from the manufactured home tax list and the	25575
delinquent manufactured home tax list and remit any penalties for	25576
late payment of manufactured home taxes. Acceptance of the	25577
certificate of title by the plaintiff terminates all further	25578
proceedings under this section.	25579

(4) Except as provided in division (B)(5) or (6) of this	25580
section and division (D) of section 1923.12 of the Revised Code,	25581
within sixty days after receiving a writ of execution described in	25582
division (B) of section 1923.13 of the Revised Code, if the	25583
manufactured home, mobile home, or recreational vehicle is	25584
determined to be abandoned and to have a value of less than three	25585
thousand dollars, the sheriff, police officer, constable, or	25586
bailiff shall serve at their respective last known addresses a	25587
written notice of potential action as described in this division	25588
upon all persons who are listed on the writ as having any	25589
outstanding right, title, or interest in the home or vehicle. This	25590
notice shall be in addition to all notices required to be given	25591
under section 2329.13 of the Revised Code. Subject to the	25592
fulfillment of these notice requirements, the sheriff, police	25593
officer, constable, or bailiff shall take one of the following	25594
actions with respect to the abandoned manufactured home, mobile	25595
home, or recreational vehicle:	25596

(a) Cause its destruction if there is no person having an	25597
outstanding right, title, or interest in the home or vehicle,	25598
other than the titled owner of the home or vehicle;	25599

(b) Proceed with its sale under division (B)(3) of this	25600
section;	25601

(c) If there is no person having an outstanding right, title,	25602
or interest in the home or vehicle other than the titled owner of	25603
the home or vehicle, or if there is an outstanding right, title,	25604
or interest in the home or vehicle and the lienholder consents in	25605
writing, present the writ of execution to the clerk of the court	25606
of common pleas of the county in which the writ was issued for the	25607
issuance by the clerk in the manner prescribed in section 4505.10	25608
of the Revised Code of a certificate of title transferring the	25609
title of the home or vehicle to the plaintiff, free and clear of	25610
all security interests, liens, and encumbrances. The clerk of the	25611
court of common pleas shall issue the new certificate of title	25612
transferring the title of the home or vehicle regardless of	25613
whether the writ was issued by the court of common pleas or	25614
another court duly authorized to issue the writ. If any taxes are	25615
owed on the home or vehicle at this time, the county auditor shall	25616
remove the delinquent taxes from the manufactured home tax list	25617
and the delinquent manufactured home tax list and remit any	25618
penalties for late payment of manufactured home taxes. Acceptance	25619
of the certificate of title by the plaintiff terminates all	25620
further proceedings under this section.	25621

(5) At any time prior to the issuance of the writ of	25622
execution described in division (B) of section 1923.13 of the	25623
Revised Code, the titled owner of the manufactured home, mobile	25624
home, or recreational vehicle that would be the subject of the	25625
writ may remove the abandoned home or vehicle from the	25626
manufactured home park or other place of storage upon payment to	25627
the county auditor of all outstanding tax liens on the home or	25628
vehicle and, unless the owner is indigent, payment to the clerk of	25629
court of all unpaid court costs assessed against the defendant in	25630
the underlying action. After the issuance of the writ of	25631
execution, the titled owner of the home or vehicle may remove the	25632
abandoned home or vehicle from the manufactured home park or other	25633
place of storage at any time up to the day before the scheduled	25634
sale, destruction, or transfer of the home or vehicle pursuant to	25635
division (B)(3) or (4) of this section upon payment of all of the	25636
following:	25637

(a) All costs for moving and storage of the home or vehicle	25638
pursuant to division (B)(2) of this section and all costs incurred	25639
by the sheriff, police officer, constable, or bailiff up to and	25640
including the date of the removal of the home or vehicle;	25641

(b) All outstanding tax liens on the home or vehicle;

25642

(c) Unless the owner is indigent, all unpaid court costs	25643
assessed against the defendant in the underlying action.	25644

(6) At any time after the issuance of the writ of execution	25645
described in division (B) of section 1923.13 of the Revised Code,	25646
the holder of any outstanding lien, right, title, or interest in	25647
the manufactured home, mobile home, or recreational vehicle, other	25648
than the titled owner of the home or vehicle, may stop the	25649
sheriff, police officer, constable, or bailiff from proceeding	25650
with the sale under this division by doing both of the following:	25651

(a) Commencing a proceeding to repossess the home or vehicle	25652
pursuant to Chapters 1309. and 1317. of the Revised Code;	25653

(b) Paying to the park operator all monthly rental payments	25654
for the lot on which the home or vehicle is located from the time	25655
of the issuance of the writ of execution until the time that the	25656
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	25657
the Revised Code.	25658

(7)(a) At any time prior to the day before the scheduled sale	25659
of the property pursuant to division (B)(3) of this section, the	25660
defendant may remove any personal property of the defendant from	25661
the abandoned home or vehicle or other place of storage.	25662

(b) If personal property owned by a person other than the	25663
defendant is abandoned on the residential premises and has not	25664
previously been removed, the owner of the personal property may	25665
remove the personal property from the abandoned home or vehicle or	25666
other place of storage up to the day before the scheduled sale of	25667
the property pursuant to division (B)(3) of this section upon	25668
presentation of proof of ownership of the property that is	25669
satisfactory to the sheriff, police officer, constable, or bailiff	25670
conducting the sale.	25671

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	25672
the probate court has exclusive jurisdiction:	25673

(a) To take the proof of wills and to admit to record	25674
authenticated copies of wills executed, proved, and allowed in the	25675
courts of any other state, territory, or country. If the probate	25676
judge is unavoidably absent, any judge of the court of common	25677
pleas may take proof of wills and approve bonds to be given, but	25678
the record of these acts shall be preserved in the usual records	25679
of the probate court.	25680

(b) To grant and revoke letters testamentary and of	25681
administration;	25682

(c) To direct and control the conduct and settle the accounts	25683
of executors and administrators and order the distribution of	25684
estates;	25685

(d) To appoint the attorney general to serve as the	25686
administrator of an estate pursuant to section 2113.06 of the	25687
Revised Code;	25688

(e) To appoint and remove guardians, conservators, and	25689
testamentary trustees, direct and control their conduct, and	25690
settle their accounts;	25691

(f) To grant marriage licenses;

25692

(g) To make inquests respecting persons who are so mentally	25693
impaired as a result of a mental or physical illness or	25694
disability, or mental retardation, or as a result of chronic	25695
substance abuse, that they are unable to manage their property and	25696
affairs effectively, subject to guardianship;	25697

(h) To qualify assignees, appoint and qualify trustees and	25698
commissioners of insolvents, control their conduct, and settle	25699
their accounts;	25700

(i) To authorize the sale of lands, equitable estates, or	25701
interests in lands or equitable estates, and the assignments of	25702
inchoate dower in such cases of sale, on petition by executors,	25703
administrators, and guardians;	25704

(j) To authorize the completion of real property contracts on	25705
petition of executors and administrators;	25706

(k) To construe wills;

25707

(l) To render declaratory judgments, including, but not	25708
limited to, those rendered pursuant to section 2107.084 of the	25709
Revised Code;	25710

(m) To direct and control the conduct of fiduciaries and	25711
settle their accounts;	25712

(n) To authorize the sale or lease of any estate created by	25713
will if the estate is held in trust, on petition by the trustee;	25714

(o) To terminate a testamentary trust in any case in which a	25715
court of equity may do so;	25716

(p) To hear and determine actions to contest the validity of	25717
wills;	25718

(q) To make a determination of the presumption of death of	25719
missing persons and to adjudicate the property rights and	25720
obligations of all parties affected by the presumption;	25721

(r) To hear and determine an action commenced pursuant to	25722
section 3107.41 of the Revised Code to obtain the release of	25723
information pertaining to the birth name of the adopted person and	25724
the identity of the adopted person's biological parents and	25725
biological siblings;	25726

(s) To act for and issue orders regarding wards pursuant to	25727
section 2111.50 of the Revised Code;	25728

(t) To hear and determine actions against sureties on the	25729
bonds of fiduciaries appointed by the probate court;	25730

(u) To hear and determine actions involving informed consent	25731
for medication of persons hospitalized pursuant to section	25732
5122.141 or 5122.15 of the Revised Code;	25733

(v) To hear and determine actions relating to durable powers	25734
of attorney for health care as described in division (D) of	25735
section 1337.16 of the Revised Code;	25736

(w) To hear and determine actions commenced by objecting	25737
individuals, in accordance with section 2133.05 of the Revised	25738
Code;	25739

(x) To hear and determine complaints that pertain to the use	25740
or continuation, or the withholding or withdrawal, of	25741
life-sustaining treatment in connection with certain patients	25742
allegedly in a terminal condition or in a permanently unconscious	25743
state pursuant to division (E) of section 2133.08 of the Revised	25744
Code, in accordance with that division;	25745

(y) To hear and determine applications that pertain to the	25746
withholding or withdrawal of nutrition and hydration from certain	25747
patients allegedly in a permanently unconscious state pursuant to	25748
section 2133.09 of the Revised Code, in accordance with that	25749
section;	25750

(z) To hear and determine applications of attending	25751
physicians in accordance with division (B) of section 2133.15 of	25752
the Revised Code;	25753

(aa) To hear and determine actions relative to the use or	25754
continuation of comfort care in connection with certain principals	25755
under durable powers of attorney for health care, declarants under	25756
declarations, or patients in accordance with division (E) of	25757
either section 1337.16 or 2133.12 of the Revised Code;	25758

(bb) To hear and determine applications for an order	25759
relieving an estate from administration under section 2113.03 of	25760
the Revised Code;	25761

(cc) To hear and determine applications for an order granting	25762
a summary release from administration under section 2113.031 of	25763
the Revised Code;	25764

(dd) To hear and determine actions relating to the exercise	25765
of the right of disposition, in accordance with section 2108.90 of	25766
the Revised Code;	25767

(ee) To hear and determine actions relating to the	25768
disinterment and reinterment of human remains under section 517.23	25769
of the Revised Code;	25770

(ff) To hear and determine petitions for an order for	25771
treatment of a person suffering from alcohol and other drug abuse	25772
filed under section ~~3793.34~~5119.93 of the Revised Code and to	25773
order treatment of that nature in accordance with, and take other	25774
actions afforded to the court under, sections ~~3793.31~~5119.90 to	25775
~~3793.39~~5119.98 of the Revised Code.	25776

(2) In addition to the exclusive jurisdiction conferred upon	25777
the probate court by division (A)(1) of this section, the probate	25778
court shall have exclusive jurisdiction over a particular subject	25779
matter if both of the following apply:	25780

(a) Another section of the Revised Code expressly confers	25781
jurisdiction over that subject matter upon the probate court.	25782

(b) No section of the Revised Code expressly confers	25783
jurisdiction over that subject matter upon any other court or	25784
agency.	25785

(B)(1) The probate court has concurrent jurisdiction with,	25786
and the same powers at law and in equity as, the general division	25787
of the court of common pleas to issue writs and orders, and to	25788
hear and determine actions as follows:	25789

(a) If jurisdiction relative to a particular subject matter	25790
is stated to be concurrent in a section of the Revised Code or has	25791
been construed by judicial decision to be concurrent, any action	25792
that involves that subject matter;	25793

(b) Any action that involves an inter vivos trust; a trust	25794
created pursuant to section 5815.28 of the Revised Code; a	25795
charitable trust or foundation; subject to divisions (A)(1)(u) and	25796
(z) of this section, a power of attorney, including, but not	25797
limited to, a durable power of attorney; the medical treatment of	25798
a competent adult; or a writ of habeas corpus;	25799

(c) Subject to section 2101.31 of the Revised Code, any	25800
action with respect to a probate estate, guardianship, trust, or	25801
post-death dispute that involves any of the following:	25802

(i) A designation or removal of a beneficiary of a life	25803
insurance policy, annuity contract, retirement plan, brokerage	25804
account, security account, bank account, real property, or	25805
tangible personal property;	25806

(ii) A designation or removal of a payable-on-death	25807
beneficiary or transfer-on-death beneficiary;	25808

(iii) A change in the title to any asset involving a joint	25809
and survivorship interest;	25810

(iv) An alleged gift;

25811

(v) The passing of assets upon the death of an individual	25812
otherwise than by will, intestate succession, or trust.	25813

(2) Any action that involves a concurrent jurisdiction	25814
subject matter and that is before the probate court may be	25815
transferred by the probate court, on its order, to the general	25816
division of the court of common pleas.	25817

(C) The probate court has plenary power at law and in equity	25818
to dispose fully of any matter that is properly before the court,	25819
unless the power is expressly otherwise limited or denied by a	25820
section of the Revised Code.	25821

(D) The jurisdiction acquired by a probate court over a	25822
matter or proceeding is exclusive of that of any other probate	25823
court, except when otherwise provided by law.	25824

Sec. 2108.05. (A) A donor may make an anatomical gift by	25825
doing any of the following:	25826

(1) Authorizing a statement or symbol to be imprinted on the	25827
donor's driver's license or identification card indicating that	25828
the donor has certified a willingness to make an anatomical gift;	25829

(2) Specifying in the donor's will an intent to make an	25830
anatomical gift;	25831

(3) Specifying an intent to make an anatomical gift in the	25832
donor's declaration as described in section 2133.16 of the Revised	25833
Code;	25834

(4) During a terminal illness or injury of the donor,	25835
communicating in any manner to a minimum of two adults, at least	25836
one of whom is a disinterested witness, that the donor intends to	25837
make an anatomical gift;	25838

(5) Following the procedure in division (B) of this section.

25839

(B) A donor or other person authorized to make an anatomical	25840
gift under section 2108.04 of the Revised Code may make a gift by	25841
a donor card or other record signed by the donor or other person	25842
making the gift or by authorizing that a statement or symbol	25843
indicating that the donor has certified a willingness to make an	25844
anatomical gift be included in a donor registry. If the donor or	25845
other person is physically unable to sign a record, the record may	25846
be signed by another individual at the direction of the donor or	25847
other person and shall do both of the following:	25848

(1) Be witnessed by at least two adults, at least one of whom	25849
is a disinterested witness, who have signed at the request of the	25850
donor or the other person;	25851

(2) State that it has been signed and witnessed as provided	25852
in division (B)(1) of this section.	25853

(C) Once a donor has authorized a statement or symbol to be	25854
imprinted on the donor's driver's license or identification card	25855
indicating that the donor has certified a willingness to make an	25856
anatomical gift, the donor does not need to recertify the donor's	25857
willingness to make an anatomical gift upon renewal of the	25858
driver's license or identification card. The authorization shall	25859
remain in effect until the donor withdraws that authorization.	25860

(D) Revocation, suspension, expiration, or cancellation of a	25861
driver's license or identification card upon which an anatomical	25862
gift is indicated does not invalidate the gift.	25863

~~(D)~~(E) An anatomical gift made by will takes effect on the	25864
donor's death whether or not the will is probated. Invalidation of	25865
the will after the donor's death does not invalidate the gift.	25866

Sec. 2113.041. (A) The administrator of the medicaid estate	25867
recovery program established pursuant to section ~~5111.11~~5162.21	25868
of the Revised Code may present an affidavit to a financial	25869
institution requesting that the financial institution release	25870
account proceeds to recover the cost of services correctly	25871
provided to a medicaid recipient who is subject to the medicaid	25872
estate recovery program. The affidavit shall include all of the	25873
following information:	25874

(1) The name of the decedent;

25875

(2) The name of any person who gave notice that the decedent	25876
was a medicaid recipient and that person's relationship to the	25877
decedent;	25878

(3) The name of the financial institution;

25879

(4) The account number;

25880

(5) A description of the claim for estate recovery;

25881

(6) The amount of funds to be recovered.

25882

(B) A financial institution may release account proceeds to	25883
the administrator of the medicaid estate recovery program if all	25884
of the following apply:	25885

(1) The decedent held an account at the financial institution	25886
that was in the decedent's name only.	25887

(2) No estate has been, and it is reasonable to assume that	25888
no estate will be, opened for the decedent.	25889

(3) The decedent has no outstanding debts known to the	25890
administrator of the medicaid estate recovery program.	25891

(4) The financial institution has received no objections or	25892
has determined that no valid objections to release of proceeds	25893
have been received.	25894

(C) If proceeds have been released pursuant to division (B)	25895
of this section and the department of ~~job and family services~~	25896
medicaid receives notice of a valid claim to the proceeds that has	25897
a higher priority under section 2117.25 of the Revised Code than	25898
the claim of the medicaid estate recovery program, the department	25899
may refund the proceeds to the financial institution or pay them	25900
to the person or government entity with the claim.	25901

Sec. 2113.06. (A) Administration of the estate of an	25902
intestate shall be granted to persons mentioned in this division,	25903
in the following order:	25904

(1) To the surviving spouse of the deceased, if resident of	25905
the state;	25906

(2) To one of the next of kin of the deceased, resident of	25907
the state.	25908

(B) If the persons entitled to administer the estate under	25909
division (A) of this section fail to take or renounce	25910
administration voluntarily, the matter shall be set for hearing	25911
and notice given to the persons.	25912

(C) If there are no persons entitled to administration, if	25913
they are for any reason unsuitable for the discharge of the trust,	25914
or if without sufficient cause they neglect to apply within a	25915
reasonable time for the administration of the estate, their right	25916
to priority shall be lost, and the court shall commit the	25917
administration to some suitable person who is a resident of the	25918
state, or to the attorney general or the attorney general's	25919
designee, if the department of ~~job and family services~~medicaid is	25920
seeking to recover ~~medical assistance~~the costs of medicaid	25921
services from the deceased pursuant to section ~~5111.11~~5162.21 or	25922
~~5111.111~~5162.211 of the Revised Code. The person granted	25923
administration may be a creditor of the estate.	25924

(D) This section applies to the appointment of an	25925
administrator de bonis non.	25926

Sec. 2117.061. (A) As used in this section:

25927

(1) "Medicaid estate recovery program" means the program	25928
instituted under section ~~5111.11~~5162.21 of the Revised Code.	25929

(2) "Person responsible for the estate" means the executor,	25930
administrator, commissioner, or person who filed pursuant to	25931
section 2113.03 of the Revised Code for release from	25932
administration of an estate.	25933

(B) The person responsible for the estate of a decedent	25934
subject to the medicaid estate recovery program or the estate of a	25935
decedent who was the spouse of a decedent subject to the medicaid	25936
estate recovery program shall submit a properly completed medicaid	25937
estate recovery notice form to the administrator of the medicaid	25938
estate recovery program not later than thirty days after the	25939
occurrence of any of the following:	25940

(1) The granting of letters of administration or letters	25941
testamentary;	25942

(2) The filing of an application for release from	25943
administration or summary release from administration.	25944

(C) The person responsible for the estate shall mark the	25945
appropriate box on the appropriate probate form that gives notice	25946
to the administrator of the medicaid estate recovery program to	25947
indicate compliance with the requirements of division (B) of this	25948
section.	25949

(D) The administrator of the medicaid estate recovery program	25950
shall present a claim for estate recovery to the person	25951
responsible for the estate of the decedent or the person's legal	25952
representative not later than ninety days after the date on which	25953
the medicaid estate recovery notice form is received under	25954
division (B) of this section or one year after the decedent's	25955
death, whichever is later.	25956

Sec. 2117.25. (A) Every executor or administrator shall	25957
proceed with diligence to pay the debts of the decedent and shall	25958
apply the assets in the following order:	25959

(1) Costs and expenses of administration;

25960

(2) An amount, not exceeding four thousand dollars, for	25961
funeral expenses that are included in the bill of a funeral	25962
director, funeral expenses other than those in the bill of a	25963
funeral director that are approved by the probate court, and an	25964
amount, not exceeding three thousand dollars, for burial and	25965
cemetery expenses, including that portion of the funeral	25966
director's bill allocated to cemetery expenses that have been paid	25967
to the cemetery by the funeral director.	25968

For purposes of division (A)(2) of this section, burial and	25969
cemetery expenses shall be limited to the following:	25970

(a) The purchase of a right of interment;

25971

(b) Monuments or other markers;

25972

25973

(d) The cost of opening and closing the place of interment;

25974

(e) The urn.

25975

(3) The allowance for support made to the surviving spouse,	25976
minor children, or both under section 2106.13 of the Revised Code;	25977

(4) Debts entitled to a preference under the laws of the	25978
United States;	25979

(5) Expenses of the last sickness of the decedent;

25980

(6) If the total bill of a funeral director for funeral	25981
expenses exceeds four thousand dollars, then, in addition to the	25982
amount described in division (A)(2) of this section, an amount,	25983
not exceeding two thousand dollars, for funeral expenses that are	25984
included in the bill and that exceed four thousand dollars;	25985

(7) Expenses of the decedent's last continuous stay in a	25986
nursing home as defined in section 3721.01 of the Revised Code,	25987
residential facility as defined in section 5123.19 of the Revised	25988
Code, or hospital long-term care unit as defined in section	25989
~~3721.50~~5168.40 of the Revised Code.	25990

For purposes of division (A)(7) of this section, a decedent's	25991
last ~~continuance~~continuous stay includes up to thirty consecutive	25992
days during which the decedent was temporarily absent from the	25993
nursing home, residential facility, or hospital long-term care	25994
unit.	25995

(8) Personal property taxes, claims made under the medicaid	25996
estate recovery program instituted pursuant to section ~~5111.11~~	25997
5162.21 of the Revised Code, and obligations for which the	25998
decedent was personally liable to the state or any of its	25999
subdivisions;	26000

(9) Debts for manual labor performed for the decedent within	26001
twelve months preceding the decedent's death, not exceeding three	26002
hundred dollars to any one person;	26003

(10) Other debts for which claims have been presented and	26004
finally allowed.	26005

(B) The part of the bill of a funeral director that exceeds	26006
the total of six thousand dollars as described in divisions (A)(2)	26007
and (6) of this section, and the part of a claim included in	26008
division (A)(9) of this section that exceeds three hundred dollars	26009
shall be included as a debt under division (A)(10) of this	26010
section, depending upon the time when the claim for the additional	26011
amount is presented.	26012

(C) Any natural person or fiduciary who pays a claim of any	26013
creditor described in division (A) of this section shall be	26014
subrogated to the rights of that creditor proportionate to the	26015
amount of the payment and shall be entitled to reimbursement for	26016
that amount in accordance with the priority of payments set forth	26017
in that division.	26018

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	26019
to the manner in which and the time within which claims shall be	26020
presented, shall apply to claims set forth in divisions (A)(2),	26021
(6), and (9) of this section. Claims for an expense of	26022
administration or for the allowance for support need not be	26023
presented. The executor or administrator shall pay debts included	26024
in divisions (A)(4) and (8) of this section, of which the executor	26025
or administrator has knowledge, regardless of presentation.	26026

(2) The giving of written notice to an executor or	26027
administrator of a motion or application to revive an action	26028
pending against the decedent at the date of death shall be	26029
equivalent to the presentation of a claim to the executor or	26030
administrator for the purpose of determining the order of payment	26031
of any judgment rendered or decree entered in such an action.	26032

(E) No payments shall be made to creditors of one class until	26033
all those of the preceding class are fully paid or provided for.	26034
If the assets are insufficient to pay all the claims of one class,	26035
the creditors of that class shall be paid ratably.	26036

(F) If it appears at any time that the assets have been	26037
exhausted in paying prior or preferred charges, allowances, or	26038
claims, those payments shall be a bar to an action on any claim	26039
not entitled to that priority or preference.	26040

Sec. 2133.01. Unless the context otherwise requires, as used	26041
in sections 2133.01 to 2133.15 of the Revised Code:	26042

(A) "Adult" means an individual who is eighteen years of age	26043
or older.	26044

(B) "Attending physician" means the physician to whom a	26045
declarant or other patient, or the family of a declarant or other	26046
patient, has assigned primary responsibility for the treatment or	26047
care of the declarant or other patient, or, if the responsibility	26048
has not been assigned, the physician who has accepted that	26049
responsibility.	26050

26051

(1) Nutrition when administered to diminish the pain or	26052
discomfort of a declarant or other patient, but not to postpone	26053
the declarant's or other patient's death;	26054

(2) Hydration when administered to diminish the pain or	26055
discomfort of a declarant or other patient, but not to postpone	26056
the declarant's or other patient's death;	26057

(3) Any other medical or nursing procedure, treatment,	26058
intervention, or other measure that is taken to diminish the pain	26059
or discomfort of a declarant or other patient, but not to postpone	26060
the declarant's or other patient's death.	26061

(D) "Consulting physician" means a physician who, in	26062
conjunction with the attending physician of a declarant or other	26063
patient, makes one or more determinations that are required to be	26064
made by the attending physician, or to be made by the attending	26065
physician and one other physician, by an applicable provision of	26066
this chapter, to a reasonable degree of medical certainty and in	26067
accordance with reasonable medical standards.	26068

(E) "Declarant" means any adult who has executed a	26069
declaration in accordance with section 2133.02 of the Revised	26070
Code.	26071

(F) "Declaration" means a written document executed in	26072
accordance with section 2133.02 of the Revised Code.	26073

(G) "Durable power of attorney for health care" means a	26074
document created pursuant to sections 1337.11 to 1337.17 of the	26075
Revised Code.	26076

(H) "Guardian" means a person appointed by a probate court	26077
pursuant to Chapter 2111. of the Revised Code to have the care and	26078
management of the person of an incompetent.	26079

(I) "Health care facility" means any of the following:

26080

(1) A hospital;

26081

(2) A hospice care program, pediatric respite care program,	26082
or other institution that specializes in comfort care of patients	26083
in a terminal condition or in a permanently unconscious state;	26084

(3) A nursing home or residential care facility, as defined	26085
in section 3721.01 of the Revised Code;	26086

(4) A home health agency and any residential facility where a	26087
person is receiving care under the direction of a home health	26088
agency;	26089

(5) An intermediate care facility for the mentally retarded.

26090

(J) "Health care personnel" means physicians, nurses,	26091
physician assistants, emergency medical technicians-basic,	26092
emergency medical technicians-intermediate, emergency medical	26093
technicians-paramedic, medical technicians, dietitians, other	26094
authorized persons acting under the direction of an attending	26095
physician, and administrators of health care facilities.	26096

(K) "Home health agency" has the same meaning as in section	26097
3701.881 of the Revised Code.	26098

(L) "Hospice care program" and "pediatric respite care	26099
program" have the same meanings as in section 3712.01 of the	26100
Revised Code.	26101

(M) "Hospital" has the same meanings as in sections 3701.01,	26102
3727.01, and 5122.01 of the Revised Code.	26103

(N) "Hydration" means fluids that are artificially or	26104
technologically administered.	26105

(O) "Incompetent" has the same meaning as in section 2111.01	26106
of the Revised Code.	26107

(P) "Intermediate care facility for the mentally retarded"	26108
has the same meaning as in section ~~5111.20~~5124.01 of the Revised	26109
Code.	26110

(Q) "Life-sustaining treatment" means any medical procedure,	26111
treatment, intervention, or other measure that, when administered	26112
to a qualified patient or other patient, will serve principally to	26113
prolong the process of dying.	26114

(R) "Nurse" means a person who is licensed to practice	26115
nursing as a registered nurse or to practice practical nursing as	26116
a licensed practical nurse pursuant to Chapter 4723. of the	26117
Revised Code.	26118

(S) "Nursing home" has the same meaning as in section 3721.01	26119
of the Revised Code.	26120

(T) "Nutrition" means sustenance that is artificially or	26121
technologically administered.	26122

(U) "Permanently unconscious state" means a state of	26123
permanent unconsciousness in a declarant or other patient that, to	26124
a reasonable degree of medical certainty as determined in	26125
accordance with reasonable medical standards by the declarant's or	26126
other patient's attending physician and one other physician who	26127
has examined the declarant or other patient, is characterized by	26128
both of the following:	26129

(1) Irreversible unawareness of one's being and environment.

26130

(2) Total loss of cerebral cortical functioning, resulting in	26131
the declarant or other patient having no capacity to experience	26132
pain or suffering.	26133

(V) "Person" has the same meaning as in section 1.59 of the	26134
Revised Code and additionally includes political subdivisions and	26135
governmental agencies, boards, commissions, departments,	26136
institutions, offices, and other instrumentalities.	26137

(W) "Physician" means a person who is authorized under	26138
Chapter 4731. of the Revised Code to practice medicine and surgery	26139
or osteopathic medicine and surgery.	26140

(X) "Political subdivision" and "state" have the same	26141
meanings as in section 2744.01 of the Revised Code.	26142

(Y) "Professional disciplinary action" means action taken by	26143
the board or other entity that regulates the professional conduct	26144
of health care personnel, including the state medical board and	26145
the board of nursing.	26146

(Z) "Qualified patient" means an adult who has executed a	26147
declaration and has been determined to be in a terminal condition	26148
or in a permanently unconscious state.	26149

(AA) "Terminal condition" means an irreversible, incurable,	26150
and untreatable condition caused by disease, illness, or injury	26151
from which, to a reasonable degree of medical certainty as	26152
determined in accordance with reasonable medical standards by a	26153
declarant's or other patient's attending physician and one other	26154
physician who has examined the declarant or other patient, both of	26155
the following apply:	26156

(1) There can be no recovery.

26157

(2) Death is likely to occur within a relatively short time	26158
if life-sustaining treatment is not administered.	26159

(BB) "Tort action" means a civil action for damages for	26160
injury, death, or loss to person or property, other than a civil	26161
action for damages for breach of a contract or another agreement	26162
between persons.	26163

Sec. 2133.25. (A) The department of health, by rule adopted	26164
pursuant to Chapter 119. of the Revised Code, shall adopt a	26165
standardized method of procedure for the withholding of CPR by	26166
physicians, emergency medical services personnel, and health care	26167
facilities in accordance with sections 2133.21 to 2133.26 of the	26168
Revised Code. The standardized method shall specify criteria for	26169
determining when a do-not-resuscitate order issued by a physician	26170
is current. The standardized method so adopted shall be the	26171
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	26172
2133.26 of the Revised Code. The department also shall approve one	26173
or more standard forms of DNR identification to be used throughout	26174
this state.	26175

(B) The department of health shall adopt rules in accordance	26176
with Chapter 119. of the Revised Code for the administration of	26177
sections 2133.21 to 2133.26 of the Revised Code.	26178

(C) The department of health shall appoint an advisory	26179
committee to advise the department in the development of rules	26180
under this section. The advisory committee shall include, but	26181
shall not be limited to, representatives of each of the following	26182
organizations:	26183

(1) The association for hospitals and health systems (OHA);

26184

(2) The Ohio state medical association;

26185

(3) The Ohio chapter of the American college of emergency	26186
physicians;	26187

(4) The Ohio hospice organization;

26188

(5) The Ohio council for home care;

26189

(6) The Ohio health care association;

26190

(7) The Ohio ambulance association;

26191

(8) The Ohio medical directors association;

26192

(9) The Ohio association of emergency medical services;

26193

(10) The bioethics network of Ohio;

26194

(11) The Ohio nurses association;

26195

(12) The Ohio academy of nursing homes;

26196

(13) The Ohio association of professional firefighters;

26197

(14) The department of developmental disabilities;

26198

(15) The Ohio osteopathic association;

26199

(16) The association of Ohio philanthropic homes, housing and	26200
services for the aging;	26201

(17) The catholic conference of Ohio;

26202

(18) The department of aging;

26203

(19) The department of ~~mental health~~mental health and	26204
addiction services;	26205

(20) The Ohio private residential association;

26206

(21) The northern Ohio fire fighters association.

26207

Sec. 2151.011. (A) As used in the Revised Code:

26208

(1) "Juvenile court" means whichever of the following is	26209
applicable that has jurisdiction under this chapter and Chapter	26210
2152. of the Revised Code:	26211

(a) The division of the court of common pleas specified in	26212
section 2101.022 or 2301.03 of the Revised Code as having	26213
jurisdiction under this chapter and Chapter 2152. of the Revised	26214
Code or as being the juvenile division or the juvenile division	26215
combined with one or more other divisions;	26216

(b) The juvenile court of Cuyahoga county or Hamilton county	26217
that is separately and independently created by section 2151.08 or	26218
Chapter 2153. of the Revised Code and that has jurisdiction under	26219
this chapter and Chapter 2152. of the Revised Code;	26220

(c) If division (A)(1)(a) or (b) of this section does not	26221
apply, the probate division of the court of common pleas.	26222

(2) "Juvenile judge" means a judge of a court having	26223
jurisdiction under this chapter.	26224

(3) "Private child placing agency" means any association, as	26225
defined in section 5103.02 of the Revised Code, that is certified	26226
under section 5103.03 of the Revised Code to accept temporary,	26227
permanent, or legal custody of children and place the children for	26228
either foster care or adoption.	26229

(4) "Private noncustodial agency" means any person,	26230
organization, association, or society certified by the department	26231
of job and family services that does not accept temporary or	26232
permanent legal custody of children, that is privately operated in	26233
this state, and that does one or more of the following:	26234

(a) Receives and cares for children for two or more	26235
consecutive weeks;	26236

(b) Participates in the placement of children in certified	26237
foster homes;	26238

(c) Provides adoption services in conjunction with a public	26239
children services agency or private child placing agency.	26240

(B) As used in this chapter:

26241

(1) "Adequate parental care" means the provision by a child's	26242
parent or parents, guardian, or custodian of adequate food,	26243
clothing, and shelter to ensure the child's health and physical	26244
safety and the provision by a child's parent or parents of	26245
specialized services warranted by the child's physical or mental	26246
needs.	26247

(2) "Adult" means an individual who is eighteen years of age	26248
or older.	26249

(3) "Agreement for temporary custody" means a voluntary	26250
agreement authorized by section 5103.15 of the Revised Code that	26251
transfers the temporary custody of a child to a public children	26252
services agency or a private child placing agency.	26253

(4) "Alternative response" means the public children services	26254
agency's response to a report of child abuse or neglect that	26255
engages the family in a comprehensive evaluation of child safety,	26256
risk of subsequent harm, and family strengths and needs and that	26257
does not include a determination as to whether child abuse or	26258
neglect occurred.	26259

(5) "Certified foster home" means a foster home, as defined	26260
in section 5103.02 of the Revised Code, certified under section	26261
5103.03 of the Revised Code.	26262

(6) "Child" means a person who is under eighteen years of	26263
age, except that the juvenile court has jurisdiction over any	26264
person who is adjudicated an unruly child prior to attaining	26265
eighteen years of age until the person attains twenty-one years of	26266
age, and, for purposes of that jurisdiction related to that	26267
adjudication, a person who is so adjudicated an unruly child shall	26268
be deemed a "child" until the person attains twenty-one years of	26269
age.	26270

(7) "Child day camp," "child care," "child day-care center,"	26271
"part-time child day-care center," "type A family day-care home,"	26272
"certified type B family day-care home," "type B home,"	26273
"administrator of a child day-care center," "administrator of a	26274
type A family day-care home," "in-home aide," and "authorized	26275
provider" have the same meanings as in section 5104.01 of the	26276
Revised Code.	26277

(8) "Child care provider" means an individual who is a	26278
child-care staff member or administrator of a child day-care	26279
center, a type A family day-care home, or a type B family day-care	26280
home, or an in-home aide or an individual who is licensed, is	26281
regulated, is approved, operates under the direction of, or	26282
otherwise is certified by the department of job and family	26283
services, department of developmental disabilities, or the early	26284
childhood programs of the department of education.	26285

(9) "Chronic truant" has the same meaning as in section	26286
2152.02 of the Revised Code.	26287

(10) "Commit" means to vest custody as ordered by the court.

26288

(11) "Counseling" includes both of the following:

26289

(a) General counseling services performed by a public	26290
children services agency or shelter for victims of domestic	26291
violence to assist a child, a child's parents, and a child's	26292
siblings in alleviating identified problems that may cause or have	26293
caused the child to be an abused, neglected, or dependent child.	26294

(b) Psychiatric or psychological therapeutic counseling	26295
services provided to correct or alleviate any mental or emotional	26296
illness or disorder and performed by a licensed psychiatrist,	26297
licensed psychologist, or a person licensed under Chapter 4757. of	26298
the Revised Code to engage in social work or professional	26299
counseling.	26300

(12) "Custodian" means a person who has legal custody of a	26301
child or a public children services agency or private child	26302
placing agency that has permanent, temporary, or legal custody of	26303
a child.	26304

(13) "Delinquent child" has the same meaning as in section	26305
2152.02 of the Revised Code.	26306

(14) "Detention" means the temporary care of children pending	26307
court adjudication or disposition, or execution of a court order,	26308
in a public or private facility designed to physically restrict	26309
the movement and activities of children.	26310

(15) "Developmental disability" has the same meaning as in	26311
section 5123.01 of the Revised Code.	26312

(16) "Differential response approach" means an approach that	26313
a public children services agency may use to respond to accepted	26314
reports of child abuse or neglect with either an alternative	26315
response or a traditional response.	26316

(17) "Foster caregiver" has the same meaning as in section	26317
5103.02 of the Revised Code.	26318

(18) "Guardian" means a person, association, or corporation	26319
that is granted authority by a probate court pursuant to Chapter	26320
2111. of the Revised Code to exercise parental rights over a child	26321
to the extent provided in the court's order and subject to the	26322
residual parental rights of the child's parents.	26323

(19) "Habitual truant" means any child of compulsory school	26324
age who is absent without legitimate excuse for absence from the	26325
public school the child is supposed to attend for five or more	26326
consecutive school days, seven or more school days in one school	26327
month, or twelve or more school days in a school year.	26328

(20) "Juvenile traffic offender" has the same meaning as in	26329
section 2152.02 of the Revised Code.	26330

(21) "Legal custody" means a legal status that vests in the	26331
custodian the right to have physical care and control of the child	26332
and to determine where and with whom the child shall live, and the	26333
right and duty to protect, train, and discipline the child and to	26334
provide the child with food, shelter, education, and medical care,	26335
all subject to any residual parental rights, privileges, and	26336
responsibilities. An individual granted legal custody shall	26337
exercise the rights and responsibilities personally unless	26338
otherwise authorized by any section of the Revised Code or by the	26339
court.	26340

(22) A "legitimate excuse for absence from the public school	26341
the child is supposed to attend" includes, but is not limited to,	26342
any of the following:	26343

(a) The fact that the child in question has enrolled in and	26344
is attending another public or nonpublic school in this or another	26345
state;	26346

(b) The fact that the child in question is excused from	26347
attendance at school for any of the reasons specified in section	26348
3321.04 of the Revised Code;	26349

(c) The fact that the child in question has received an age	26350
and schooling certificate in accordance with section 3331.01 of	26351
the Revised Code.	26352

(23) "Mental illness" and "mentally ill person subject to	26353
hospitalization by court order" have the same meanings as in	26354
section 5122.01 of the Revised Code.	26355

(24) "Mental injury" means any behavioral, cognitive,	26356
emotional, or mental disorder in a child caused by an act or	26357
omission that is described in section 2919.22 of the Revised Code	26358
and is committed by the parent or other person responsible for the	26359
child's care.	26360

(25) "Mentally retarded person" has the same meaning as in	26361
section 5123.01 of the Revised Code.	26362

(26) "Nonsecure care, supervision, or training" means care,	26363
supervision, or training of a child in a facility that does not	26364
confine or prevent movement of the child within the facility or	26365
from the facility.	26366

(27) "Of compulsory school age" has the same meaning as in	26367
section 3321.01 of the Revised Code.	26368

(28) "Organization" means any institution, public,	26369
semipublic, or private, and any private association, society, or	26370
agency located or operating in the state, incorporated or	26371
unincorporated, having among its functions the furnishing of	26372
protective services or care for children, or the placement of	26373
children in certified foster homes or elsewhere.	26374

(29) "Out-of-home care" means detention facilities, shelter	26375
facilities, certified children's crisis care facilities, certified	26376
foster homes, placement in a prospective adoptive home prior to	26377
the issuance of a final decree of adoption, organizations,	26378
certified organizations, child day-care centers, type A family	26379
day-care homes, child care provided by type B family day-care home	26380
providers and by in-home aides, group home providers, group homes,	26381
institutions, state institutions, residential facilities,	26382
residential care facilities, residential camps, day camps, public	26383
schools, chartered nonpublic schools, educational service centers,	26384
hospitals, and medical clinics that are responsible for the care,	26385
physical custody, or control of children.	26386

(30) "Out-of-home care child abuse" means any of the	26387
following when committed by a person responsible for the care of a	26388
child in out-of-home care:	26389

(a) Engaging in sexual activity with a child in the person's	26390
care;	26391

(b) Denial to a child, as a means of punishment, of proper or	26392
necessary subsistence, education, medical care, or other care	26393
necessary for a child's health;	26394

(c) Use of restraint procedures on a child that cause injury	26395
or pain;	26396

(d) Administration of prescription drugs or psychotropic	26397
medication to the child without the written approval and ongoing	26398
supervision of a licensed physician;	26399

(e) Commission of any act, other than by accidental means,	26400
that results in any injury to or death of the child in out-of-home	26401
care or commission of any act by accidental means that results in	26402
an injury to or death of a child in out-of-home care and that is	26403
at variance with the history given of the injury or death.	26404

(31) "Out-of-home care child neglect" means any of the	26405
following when committed by a person responsible for the care of a	26406
child in out-of-home care:	26407

(a) Failure to provide reasonable supervision according to	26408
the standards of care appropriate to the age, mental and physical	26409
condition, or other special needs of the child;	26410

(b) Failure to provide reasonable supervision according to	26411
the standards of care appropriate to the age, mental and physical	26412
condition, or other special needs of the child, that results in	26413
sexual or physical abuse of the child by any person;	26414

26415

(i) Administration of prescription drugs or psychotropic	26416
drugs for the child;	26417

(ii) Assuring that the instructions of the licensed physician	26418
who prescribed a drug for the child are followed;	26419

(iii) Reporting to the licensed physician who prescribed the	26420
drug all unfavorable or dangerous side effects from the use of the	26421
drug.	26422

(d) Failure to provide proper or necessary subsistence,	26423
education, medical care, or other individualized care necessary	26424
for the health or well-being of the child;	26425

(e) Confinement of the child to a locked room without	26426
monitoring by staff;	26427

(f) Failure to provide ongoing security for all prescription	26428
and nonprescription medication;	26429

(g) Isolation of a child for a period of time when there is	26430
substantial risk that the isolation, if continued, will impair or	26431
retard the mental health or physical well-being of the child.	26432

(32) "Permanent custody" means a legal status that vests in a	26433
public children services agency or a private child placing agency,	26434
all parental rights, duties, and obligations, including the right	26435
to consent to adoption, and divests the natural parents or	26436
adoptive parents of all parental rights, privileges, and	26437
obligations, including all residual rights and obligations.	26438

(33) "Permanent surrender" means the act of the parents or,	26439
if a child has only one parent, of the parent of a child, by a	26440
voluntary agreement authorized by section 5103.15 of the Revised	26441
Code, to transfer the permanent custody of the child to a public	26442
children services agency or a private child placing agency.	26443

(34) "Person" means an individual, association, corporation,	26444
or partnership and the state or any of its political subdivisions,	26445
departments, or agencies.	26446

(35) "Person responsible for a child's care in out-of-home	26447
care" means any of the following:	26448

(a) Any foster caregiver, in-home aide, or provider;

26449

(b) Any administrator, employee, or agent of any of the	26450
following: a public or private detention facility; shelter	26451
facility; certified children's crisis care facility; organization;	26452
certified organization; child day-care center; type A family	26453
day-care home; certified type B family day-care home; group home;	26454
institution; state institution; residential facility; residential	26455
care facility; residential camp; day camp; school district;	26456
community school; chartered nonpublic school; educational service	26457
center; hospital; or medical clinic;	26458

(c) Any person who supervises or coaches children as part of	26459
an extracurricular activity sponsored by a school district, public	26460
school, or chartered nonpublic school;	26461

(d) Any other person who performs a similar function with	26462
respect to, or has a similar relationship to, children.	26463

(36) "Physically impaired" means having one or more of the	26464
following conditions that substantially limit one or more of an	26465
individual's major life activities, including self-care, receptive	26466
and expressive language, learning, mobility, and self-direction:	26467

(a) A substantial impairment of vision, speech, or hearing;

26468

(b) A congenital orthopedic impairment;

26469

(c) An orthopedic impairment caused by disease, rheumatic	26470
fever or any other similar chronic or acute health problem, or	26471
amputation or another similar cause.	26472

(37) "Placement for adoption" means the arrangement by a	26473
public children services agency or a private child placing agency	26474
with a person for the care and adoption by that person of a child	26475
of whom the agency has permanent custody.	26476

(38) "Placement in foster care" means the arrangement by a	26477
public children services agency or a private child placing agency	26478
for the out-of-home care of a child of whom the agency has	26479
temporary custody or permanent custody.	26480

(39) "Planned permanent living arrangement" means an order of	26481
a juvenile court pursuant to which both of the following apply:	26482

(a) The court gives legal custody of a child to a public	26483
children services agency or a private child placing agency without	26484
the termination of parental rights.	26485

(b) The order permits the agency to make an appropriate	26486
placement of the child and to enter into a written agreement with	26487
a foster care provider or with another person or agency with whom	26488
the child is placed.	26489

(40) "Practice of social work" and "practice of professional	26490
counseling" have the same meanings as in section 4757.01 of the	26491
Revised Code.	26492

(41) "Sanction, service, or condition" means a sanction,	26493
service, or condition created by court order following an	26494
adjudication that a child is an unruly child that is described in	26495
division (A)(4) of section 2152.19 of the Revised Code.	26496

(42) "Protective supervision" means an order of disposition	26497
pursuant to which the court permits an abused, neglected,	26498
dependent, or unruly child to remain in the custody of the child's	26499
parents, guardian, or custodian and stay in the child's home,	26500
subject to any conditions and limitations upon the child, the	26501
child's parents, guardian, or custodian, or any other person that	26502
the court prescribes, including supervision as directed by the	26503
court for the protection of the child.	26504

(43) "Psychiatrist" has the same meaning as in section	26505
5122.01 of the Revised Code.	26506

(44) "Psychologist" has the same meaning as in section	26507
4732.01 of the Revised Code.	26508

(45) "Residential camp" means a program in which the care,	26509
physical custody, or control of children is accepted overnight for	26510
recreational or recreational and educational purposes.	26511

(46) "Residential care facility" means an institution,	26512
residence, or facility that is licensed by the department of	26513
~~mental health~~mental health and addiction services under section	26514
~~5119.22~~5119.34 of the Revised Code and that provides care for a	26515
child.	26516

(47) "Residential facility" means a home or facility that is	26517
licensed by the department of developmental disabilities under	26518
section 5123.19 of the Revised Code and in which a child with a	26519
developmental disability resides.	26520

(48) "Residual parental rights, privileges, and	26521
responsibilities" means those rights, privileges, and	26522
responsibilities remaining with the natural parent after the	26523
transfer of legal custody of the child, including, but not	26524
necessarily limited to, the privilege of reasonable visitation,	26525
consent to adoption, the privilege to determine the child's	26526
religious affiliation, and the responsibility for support.	26527

(49) "School day" means the school day established by the	26528
state board of education pursuant to section 3313.48 of the	26529
Revised Code.	26530

(50) "School month" and "school year" have the same meanings	26531
as in section 3313.62 of the Revised Code.	26532

(51) "Secure correctional facility" means a facility under	26533
the direction of the department of youth services that is designed	26534
to physically restrict the movement and activities of children and	26535
used for the placement of children after adjudication and	26536
disposition.	26537

(52) "Sexual activity" has the same meaning as in section	26538
2907.01 of the Revised Code.	26539

(53) "Shelter" means the temporary care of children in	26540
physically unrestricted facilities pending court adjudication or	26541
disposition.	26542

(54) "Shelter for victims of domestic violence" has the same	26543
meaning as in section 3113.33 of the Revised Code.	26544

(55) "Temporary custody" means legal custody of a child who	26545
is removed from the child's home, which custody may be terminated	26546
at any time at the discretion of the court or, if the legal	26547
custody is granted in an agreement for temporary custody, by the	26548
person who executed the agreement.	26549

(56) "Traditional response" means a public children services	26550
agency's response to a report of child abuse or neglect that	26551
encourages engagement of the family in a comprehensive evaluation	26552
of the child's current and future safety needs and a fact-finding	26553
process to determine whether child abuse or neglect occurred and	26554
the circumstances surrounding the alleged harm or risk of harm.	26555

(C) For the purposes of this chapter, a child shall be	26556
presumed abandoned when the parents of the child have failed to	26557
visit or maintain contact with the child for more than ninety	26558
days, regardless of whether the parents resume contact with the	26559
child after that period of ninety days.	26560

Sec. 2151.3514. (A) As used in this section:

26561

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	26562
provider" has the same meaning as in section ~~3793.01~~5119.01 of	26563
the Revised Code;	26564

(2) "Chemical dependency" means either of the following:

26565

(a) The chronic and habitual use of alcoholic beverages to	26566
the extent that the user no longer can control the use of alcohol	26567
or endangers the user's health, safety, or welfare or that of	26568
others;	26569

(b) The use of a drug of abuse to the extent that the user	26570
becomes physically or psychologically dependent on the drug or	26571
endangers the user's health, safety, or welfare or that of others.	26572

(3) "Drug of abuse" has the same meaning as in section	26573
3719.011 of the Revised Code.	26574

~~(4) "Medicaid" means the program established under Chapter~~	26575
~~5111. of the Revised Code.~~	26576

(B) If the juvenile court issues an order of temporary	26577
custody or protective supervision under division (A) of section	26578
2151.353 of the Revised Code with respect to a child adjudicated	26579
to be an abused, neglected, or dependent child and the alcohol or	26580
other drug addiction of a parent or other caregiver of the child	26581
was the basis for the adjudication of abuse, neglect, or	26582
dependency, the court shall issue an order requiring the parent or	26583
other caregiver to submit to an assessment and, if needed,	26584
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	26585
services provider certified by the department of ~~alcohol and drug~~	26586
~~addiction services~~mental health and addiction services. The court	26587
may order the parent or other caregiver to submit to alcohol or	26588
other drug testing during, after, or both during and after, the	26589
treatment. The court shall send any order issued pursuant to this	26590
division to the public children services agency that serves the	26591
county in which the court is located for use as described in	26592
section 340.15 of the Revised Code.	26593

(C) Any order requiring alcohol or other drug testing that is	26594
issued pursuant to division (B) of this section shall require one	26595
alcohol or other drug test to be conducted each month during a	26596
period of twelve consecutive months beginning the month	26597
immediately following the month in which the order for alcohol or	26598
other drug testing is issued. Arrangements for administering the	26599
alcohol or other drug tests, as well as funding the costs of the	26600
tests, shall be locally determined in accordance with sections	26601
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	26602
other caregiver required to submit to alcohol or other drug tests	26603
under this section is not a recipient of medicaid, the agency that	26604
refers the parent or caregiver for the tests may require the	26605
parent or caregiver to reimburse the agency for the cost of	26606
conducting the tests.	26607

(D) The certified ~~alcohol and drug~~community addiction	26608
~~program~~services provider that conducts any alcohol or other drug	26609
tests ordered in accordance with divisions (B) and (C) of this	26610
section shall send the results of the tests, along with the	26611
~~program's~~provider's recommendations as to the benefits of	26612
continued treatment, to the court and to the public children	26613
services agency providing services to the involved family,	26614
according to federal regulations set forth in 42 C.F.R. Part 2,	26615
and division (B) of section 340.15 of the Revised Code. The court	26616
shall consider the results and the recommendations sent to it	26617
under this division in any adjudication or review by the court,	26618
according to section 2151.353, 2151.414, or 2151.419 of the	26619
Revised Code.	26620

Sec. 2151.362. (A)(1) In the manner prescribed by division	26621
(C)(1) or (2) of section 3313.64 of the Revised Code, as	26622
applicable, the court, at the time of making any order that	26623
removes a child from the child's own home or that vests legal or	26624
permanent custody of the child in a person other than the child's	26625
parent or a government agency, shall determine the school district	26626
that is to bear the cost of educating the child. The court shall	26627
make the determination a part of the order that provides for the	26628
child's placement or commitment. That school district shall bear	26629
the cost of educating the child unless and until the department of	26630
education determines that a different district shall be	26631
responsible for bearing that cost pursuant to division (A)(2) of	26632
this section. The court's order shall state that the determination	26633
of which school district is responsible to bear the cost of	26634
educating the child is subject to re-determination by the	26635
department pursuant to that division.	26636

(2) If, while the child is in the custody of a person other	26637
than the child's parent or a government agency, the department of	26638
education determines that the place of residence of the child's	26639
parent has changed since the court issued its initial order, the	26640
department may name a different school district to bear the cost	26641
of educating the child. The department shall make this new	26642
determination, and any future determinations, based on evidence	26643
received from the school district currently responsible to bear	26644
the cost of educating the child. If the department finds that the	26645
evidence demonstrates to its satisfaction that the residence of	26646
the child's parent has changed since the court issued its initial	26647
order under division (A)(1) of this section, or since the	26648
department last made a determination under division (A)(2) of this	26649
section, the department shall name the district in which the	26650
child's parent currently resides or, if the parent's residence is	26651
not known, the district in which the parent's last known residence	26652
is located. If the department cannot determine any Ohio district	26653
in which the parent currently resides or has resided, the school	26654
district designated in the initial court order under division	26655
(A)(1) of this section, or in the most recent determination made	26656
by the department under division (A)(2) of this section, shall	26657
continue to bear the cost of educating the child.	26658

(B) Whenever a child is placed in a detention facility	26659
established under section 2152.41 of the Revised Code or a	26660
juvenile facility established under section 2151.65 of the Revised	26661
Code, the facility shall be responsible for coordinating the	26662
education of the child. The facility may take any of the following	26663
measures in coordinating the education of the child:	26664

(1) If applicable, use the chartered nonpublic school that	26665
the facility operates;	26666

(2) Arrange with the school district responsible for bearing	26667
the cost of educating the child determined under division (A) of	26668
this section, for the facility to educate the child on its own;	26669

(3) Contract with an educational service center for the	26670
service center to educate the child;	26671

(4) Contract with the school district in which the facility	26672
is located for that school district to educate the child;	26673

(5) If the child is enrolled in an internet- or	26674
computer-based community school established under Chapter 3314. of	26675
the Revised Code, and provided that the facility possesses the	26676
necessary hardware, software, and internet connectivity, permit	26677
continued instruction of the child by the internet- or	26678
computer-based community school.	26679

If the facility coordinates the education of the child	26680
pursuant to division (B)(1), (2), (3), or (4) of this section,	26681
child's school district as determined by the court or the	26682
department, in the same manner as prescribed in division (A) of	26683
this section, shall pay the cost of educating the child based on	26684
the per capita cost of the educational facility within the	26685
detention home or juvenile facility.	26686

If the facility coordinates the education of the child	26687
pursuant to division (B)(5) of this section, payment for the cost	26688
of educating the child shall be made only as provided in division	26689
(C) of section 3314.08 of the Revised Code.	26690

(C) Whenever a child is placed by the court in a private	26691
institution, school, or residential treatment center or any other	26692
private facility, the state shall pay to the court a subsidy to	26693
help defray the expense of educating the child in an amount equal	26694
to the product of the daily per capita educational cost of the	26695
private facility, as determined pursuant to this section, and the	26696
number of days the child resides at the private facility, provided	26697
that the subsidy shall not exceed twenty-five hundred dollars per	26698
year per child. The daily per capita educational cost of a private	26699
facility shall be determined by dividing the actual program cost	26700
of the private facility or twenty-five hundred dollars, whichever	26701
is less, by three hundred sixty-five days or by three hundred	26702
sixty-six days for years that include February twenty-ninth. The	26703
state shall pay seventy-five per cent of the total subsidy for	26704
each year quarterly to the court. The state may adjust the	26705
remaining twenty-five per cent of the total subsidy to be paid to	26706
the court for each year to an amount that is less than twenty-five	26707
per cent of the total subsidy for that year based upon the	26708
availability of funds appropriated to the department of education	26709
for the purpose of subsidizing courts that place a child in a	26710
private institution, school, or residential treatment center or	26711
any other private facility and shall pay that adjusted amount to	26712
the court at the end of the year.	26713

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	26714
entity that appoints or employs any person responsible for a	26715
child's care in out-of-home care shall request the superintendent	26716
of BCII to conduct a criminal records check with respect to any	26717
person who is under final consideration for appointment or	26718
employment as a person responsible for a child's care in	26719
out-of-home care, except that section 3319.39 of the Revised Code	26720
shall apply instead of this section if the out-of-home care entity	26721
is a public school, educational service center, or chartered	26722
nonpublic school.	26723

(2) At the times specified in this division, the	26724
administrative director of an agency, or attorney, who arranges an	26725
adoption for a prospective adoptive parent shall request the	26726
superintendent of BCII to conduct a criminal records check with	26727
respect to that prospective adoptive parent and a criminal records	26728
check with respect to all persons eighteen years of age or older	26729
who reside with the prospective adoptive parent. The	26730
administrative director or attorney shall request a criminal	26731
records check pursuant to this division at the time of the initial	26732
home study, every four years after the initial home study at the	26733
time of an update, and at the time that an adoptive home study is	26734
completed as a new home study.	26735

(3) Before a recommending agency submits a recommendation to	26736
the department of job and family services on whether the	26737
department should issue a certificate to a foster home under	26738
section 5103.03 of the Revised Code, and every four years	26739
thereafter prior to a recertification under that section, the	26740
administrative director of the agency shall request that the	26741
superintendent of BCII conduct a criminal records check with	26742
respect to the prospective foster caregiver and a criminal records	26743
check with respect to all other persons eighteen years of age or	26744
older who reside with the foster caregiver.	26745

(B)(1) If a person subject to a criminal records check under	26746
division (A)(1) of this section does not present proof that the	26747
person has been a resident of this state for the five-year period	26748
immediately prior to the date upon which the criminal records	26749
check is requested or does not provide evidence that within that	26750
five-year period the superintendent of BCII has requested	26751
information about the person from the federal bureau of	26752
investigation in a criminal records check, the appointing or	26753
hiring officer shall request that the superintendent of BCII	26754
obtain information from the federal bureau of investigation as a	26755
part of the criminal records check, including fingerprint-based	26756
checks of national crime information databases as described in 42	26757
U.S.C. 671. If a person subject to a criminal records check under	26758
division (A)(1) of this section presents proof that the person has	26759
been a resident of this state for that five-year period, the	26760
appointing or hiring officer or attorney may request that the	26761
superintendent of BCII include information from the federal bureau	26762
of investigation in the criminal records check, including	26763
fingerprint-based checks of national crime information databases	26764
as described in 42 U.S.C. 671.	26765

When the administrative director of an agency, or attorney,	26766
who arranges an adoption for a prospective parent requests, at the	26767
time of the initial home study, a criminal records check for a	26768
person pursuant to division (A)(2) of this section, the	26769
administrative director or attorney shall request that the	26770
superintendent of BCII obtain information from the federal bureau	26771
of investigation as part of the criminal records check, including	26772
fingerprint-based checks of national crime information databases	26773
as described in 42 U.S.C. 671, for the person subject to the	26774
criminal records check. In all other cases in which the	26775
administrative director of an agency, or attorney, who arranges an	26776
adoption for a prospective parent requests a criminal records	26777
check for a person pursuant to division (A)(2) of this section,	26778
the administrative director or attorney may request that the	26779
superintendent of BCII include information from the federal bureau	26780
of investigation in the criminal records check, including	26781
fingerprint-based checks of national crime information databases	26782
as described in 42 U.S.C. 671.	26783

When the administrative director of a recommending agency	26784
requests, before submitting a recommendation to the department of	26785
job and family services on whether the department should issue a	26786
certificate to a foster home under section 5103.03 of the Revised	26787
Code, a criminal records check for a person pursuant to division	26788
(A)(3) of this section, the administrative director shall request	26789
that the superintendent of BCII obtain information from the	26790
federal bureau of investigation as part of a criminal records	26791
check, including fingerprint-based checks of national crime	26792
information databases as described in 42 U.S.C. 671, for the	26793
person subject to the criminal records check. In all other cases	26794
in which the administrative director of a recommending agency	26795
requests a criminal records check for a person pursuant to	26796
division (A)(3) of this section, the administrative director may	26797
request that the superintendent of BCII include information from	26798
the federal bureau of investigation in the criminal records check,	26799
including fingerprint-based checks of national crime information	26800
databases as described in 42 U.S.C. 671.	26801

Prior to a hearing on a final decree of adoption or	26802
interlocutory order of adoption by a probate court, the	26803
administrative director of an agency, or an attorney, who arranges	26804
an adoption for a prospective parent shall provide to the clerk of	26805
the probate court either of the following:	26806

(a) Any information received pursuant to a request made under	26807
this division from the superintendent of BCII or the federal	26808
bureau of investigation as part of the criminal records check,	26809
including fingerprint-based checks of national crime information	26810
databases as described in 42 U.S.C. 671, for the person subject to	26811
the criminal records check;	26812

(b) Written notification that the person subject to a	26813
criminal records check pursuant to this division failed upon	26814
request to provide the information necessary to complete the form	26815
or failed to provide impressions of the person's fingerprints as	26816
required under division (B)(2) of this section.	26817

(2) An appointing or hiring officer, administrative director,	26818
or attorney required by division (A) of this section to request a	26819
criminal records check shall provide to each person subject to a	26820
criminal records check a copy of the form prescribed pursuant to	26821
division (C)(1) of section 109.572 of the Revised Code and a	26822
standard impression sheet to obtain fingerprint impressions	26823
prescribed pursuant to division (C)(2) of section 109.572 of the	26824
Revised Code, obtain the completed form and impression sheet from	26825
the person, and forward the completed form and impression sheet to	26826
the superintendent of BCII at the time the criminal records check	26827
is requested.	26828

Any person subject to a criminal records check who receives	26829
pursuant to this division a copy of the form prescribed pursuant	26830
to division (C)(1) of section 109.572 of the Revised Code and a	26831
copy of an impression sheet prescribed pursuant to division (C)(2)	26832
of that section and who is requested to complete the form and	26833
provide a set of fingerprint impressions shall complete the form	26834
or provide all the information necessary to complete the form and	26835
shall provide the impression sheet with the impressions of the	26836
person's fingerprints. If a person subject to a criminal records	26837
check, upon request, fails to provide the information necessary to	26838
complete the form or fails to provide impressions of the person's	26839
fingerprints, the appointing or hiring officer shall not appoint	26840
or employ the person as a person responsible for a child's care in	26841
out-of-home care, a probate court may not issue a final decree of	26842
adoption or an interlocutory order of adoption making the person	26843
an adoptive parent, and the department of job and family services	26844
shall not issue a certificate authorizing the prospective foster	26845
caregiver to operate a foster home.	26846

(C)(1) No appointing or hiring officer shall appoint or	26847
employ a person as a person responsible for a child's care in	26848
out-of-home care, the department of job and family services shall	26849
not issue a certificate under section 5103.03 of the Revised Code	26850
authorizing a prospective foster caregiver to operate a foster	26851
home, and no probate court shall issue a final decree of adoption	26852
or an interlocutory order of adoption making a person an adoptive	26853
parent if the person or, in the case of a prospective foster	26854
caregiver or prospective adoptive parent, any person eighteen	26855
years of age or older who resides with the prospective foster	26856
caregiver or prospective adoptive parent previously has been	26857
convicted of or pleaded guilty to any of the violations described	26858
in division (A)(4) of section 109.572 of the Revised Code, unless	26859
the person meets rehabilitation standards established in rules	26860
adopted under division (F) of this section.	26861

(2) The appointing or hiring officer may appoint or employ a	26862
person as a person responsible for a child's care in out-of-home	26863
care conditionally until the criminal records check required by	26864
this section is completed and the officer receives the results of	26865
the criminal records check. If the results of the criminal records	26866
check indicate that, pursuant to division (C)(1) of this section,	26867
the person subject to the criminal records check does not qualify	26868
for appointment or employment, the officer shall release the	26869
person from appointment or employment.	26870

(3) Prior to certification or recertification under section	26871
5103.03 of the Revised Code, the prospective foster caregiver	26872
subject to a criminal records check under division (A)(3) of this	26873
section shall notify the recommending agency of the revocation of	26874
any foster home license, certificate, or other similar	26875
authorization in another state occurring within the five years	26876
prior to the date of application to become a foster caregiver in	26877
this state. The failure of a prospective foster caregiver to	26878
notify the recommending agency of any revocation of that type in	26879
another state that occurred within that five-year period shall be	26880
grounds for denial of the person's foster home application or the	26881
revocation of the person's foster home certification, whichever is	26882
applicable. If a person has had a revocation in another state	26883
within the five years prior to the date of the application, the	26884
department of job and family services shall not issue a foster	26885
home certificate to the prospective foster caregiver.	26886

(D) The appointing or hiring officer, administrative	26887
director, or attorney shall pay to the bureau of criminal	26888
identification and investigation the fee prescribed pursuant to	26889
division (C)(3) of section 109.572 of the Revised Code for each	26890
criminal records check conducted in accordance with that section	26891
upon a request pursuant to division (A) of this section. The	26892
officer, director, or attorney may charge the person subject to	26893
the criminal records check a fee for the costs the officer,	26894
director, or attorney incurs in obtaining the criminal records	26895
check. A fee charged under this division shall not exceed the	26896
amount of fees the officer, director, or attorney pays for the	26897
criminal records check. If a fee is charged under this division,	26898
the officer, director, or attorney shall notify the person who is	26899
the applicant at the time of the person's initial application for	26900
appointment or employment, an adoption to be arranged, or a	26901
certificate to operate a foster home of the amount of the fee and	26902
that, unless the fee is paid, the person who is the applicant will	26903
not be considered for appointment or employment or as an adoptive	26904
parent or foster caregiver.	26905

(E) The report of any criminal records check conducted by the	26906
bureau of criminal identification and investigation in accordance	26907
with section 109.572 of the Revised Code and pursuant to a request	26908
made under division (A) of this section is not a public record for	26909
the purposes of section 149.43 of the Revised Code and shall not	26910
be made available to any person other than the following:	26911

(1) The person who is the subject of the criminal records	26912
check or the person's representative;	26913

(2) The appointing or hiring officer, administrative	26914
director, or attorney requesting the criminal records check or the	26915
officer's, director's, or attorney's representative;	26916

(3) The department of job and family services, a county	26917
department of job and family services, or a public children	26918
services agency;	26919

(4) Any court, hearing officer, or other necessary individual	26920
involved in a case dealing with the denial of employment, a final	26921
decree of adoption or interlocutory order of adoption, or a foster	26922
home certificate.	26923

(F) The director of job and family services shall adopt rules	26924
in accordance with Chapter 119. of the Revised Code to implement	26925
this section. The rules shall include rehabilitation standards a	26926
person who has been convicted of or pleaded guilty to an offense	26927
listed in division (A)(4) of section 109.572 of the Revised Code	26928
must meet for an appointing or hiring officer to appoint or employ	26929
the person as a person responsible for a child's care in	26930
out-of-home care, a probate court to issue a final decree of	26931
adoption or interlocutory order of adoption making the person an	26932
adoptive parent, or the department to issue a certificate	26933
authorizing the prospective foster caregiver to operate a foster	26934
home or not revoke a foster home certificate for a violation	26935
specified in section 5103.0328 of the Revised Code.	26936

(G) An appointing or hiring officer, administrative director,	26937
or attorney required by division (A) of this section to request a	26938
criminal records check shall inform each person who is the	26939
applicant, at the time of the person's initial application for	26940
appointment or employment, an adoption to be arranged, or a foster	26941
home certificate, that the person subject to the criminal records	26942
check is required to provide a set of impressions of the person's	26943
fingerprints and that a criminal records check is required to be	26944
conducted and satisfactorily completed in accordance with section	26945
109.572 of the Revised Code.	26946

(H) ~~The department of job and family services may waive the~~	26947
~~requirement that a criminal records check based on fingerprints be~~	26948
~~conducted for an adult resident of a prospective adoptive or~~	26949
~~foster home or the home of a foster caregiver if the recommending~~	26950
~~agency documents to the department's satisfaction that the adult~~	26951
~~resident is physically unable to comply with the fingerprinting~~	26952
~~requirement and poses no danger to foster children or adoptive~~	26953
~~children who may be placed in the home. In such cases, the~~	26954
~~recommending or approving agency shall request that the bureau of~~	26955
~~criminal identification and investigation conduct a criminal~~	26956
~~records check using the person's name and social security number.~~	26957

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

26958

(1) "Children's hospital" means any of the following:

26959

(a) A hospital registered under section 3701.07 of the	26960
Revised Code that provides general pediatric medical and surgical	26961
care, and in which at least seventy-five per cent of annual	26962
inpatient discharges for the preceding two calendar years were	26963
individuals less than eighteen years of age;	26964

(b) A distinct portion of a hospital registered under section	26965
3701.07 of the Revised Code that provides general pediatric	26966
medical and surgical care, has a total of at least one hundred	26967
fifty registered pediatric special care and pediatric acute care	26968
beds, and in which at least seventy-five per cent of annual	26969
inpatient discharges for the preceding two calendar years were	26970
individuals less than eighteen years of age;	26971

(c) A distinct portion of a hospital, if the hospital is	26972
registered under section 3701.07 of the Revised Code as a	26973
children's hospital and the children's hospital meets all the	26974
requirements of division ~~(I)~~(H)(1)(a) of this section.	26975

(2) "Criminal records check" has the same meaning as in	26976
section 109.572 of the Revised Code.	26977

(3) "Person responsible for a child's care in out-of-home	26978
care" has the same meaning as in section 2151.011 of the Revised	26979
Code, except that it does not include a prospective employee of	26980
the department of youth services or a person responsible for a	26981
child's care in a hospital or medical clinic other than a	26982
children's hospital.	26983

(4) "Person subject to a criminal records check" means the	26984
following:	26985

(a) A person who is under final consideration for appointment	26986
or employment as a person responsible for a child's care in	26987
out-of-home care;	26988

(b) A prospective adoptive parent;

26989

26990

(d) A person eighteen years old or older who resides with a	26991
prospective foster caregiver or a prospective adoptive parent.	26992

(5) "Recommending agency" means a public children services	26993
agency, private child placing agency, or private noncustodial	26994
agency to which the department of job and family services has	26995
delegated a duty to inspect and approve foster homes.	26996

(6) "Superintendent of BCII" means the superintendent of the	26997
bureau of criminal identification and investigation.	26998

Sec. 2152.54. (A) An evaluation of a child who does not	26999
appear to the court to be a person who is at least moderately	27000
intellectually disabled shall be made by an evaluator who is one	27001
of the following:	27002

(1) A professional employed by a psychiatric facility or	27003
center certified by the department of ~~mental health~~mental health	27004
and addiction services to provide forensic services and appointed	27005
by the director of the facility or center to conduct the	27006
evaluation;	27007

(2) A psychiatrist or a licensed clinical psychologist who	27008
satisfies the criteria of division (I)(1) of section 5122.01 of	27009
the Revised Code and has specialized education, training, or	27010
experience in forensic evaluations of children or adolescents.	27011

(B) An evaluation of a child who appears to the court to be a	27012
person who is at least moderately intellectually disabled shall be	27013
made by a psychiatrist or licensed clinical psychologist who	27014
satisfies the criteria of division (I)(1) of section 5122.01 of	27015
the Revised Code and has specialized education, training, or	27016
experience in forensic evaluations of children or adolescents who	27017
have intellectual disability.	27018

(C) If an evaluation is conducted by an evaluator of the type	27019
described in division (A)(1) or (2) of this section and the	27020
evaluator concludes that the child is a person who is at least	27021
moderately intellectually disabled, the evaluator shall	27022
discontinue the evaluation and notify the court within one	27023
business day after reaching the conclusion. Within two business	27024
days after receiving notification, the court shall order the child	27025
to undergo an evaluation by an evaluator of the type described in	27026
division (B) of this section. Within two business days after the	27027
appointment of the new evaluator, the original evaluator shall	27028
deliver to the new evaluator all information relating to the child	27029
obtained during the original evaluation.	27030

Sec. 2152.59. (A) If after a hearing held pursuant to	27031
section 2152.58 of the Revised Code the court determines that a	27032
child is competent, the court shall proceed with the delinquent	27033
child's proceeding as provided by law. No statement that a child	27034
makes during an evaluation or hearing conducted under sections	27035
2152.51 through 2152.59 of the Revised Code shall be used against	27036
the child on the issue of responsibility or guilt in any child or	27037
adult proceeding.	27038

(B) If after a hearing held pursuant to section 2152.58 of	27039
the Revised Code the court determines that the child is not	27040
competent and cannot attain competency within the period of time	27041
applicable under division (D)(2) of this section, the court shall	27042
dismiss the charges without prejudice, except that the court may	27043
delay dismissal for up to ninety calendar days and do either of	27044
the following:	27045

(1) Refer the matter to a public children services agency and	27046
request that agency determine whether to file an action in	27047
accordance with section 2151.27 of the Revised Code alleging that	27048
the child is a dependent, neglected, or abused child;	27049

(2) Assign court staff to refer the child or the child's	27050
family to the local family and children first council or an agency	27051
funded by the department of ~~mental health~~mental health and	27052
addiction services or department of developmental disabilities or	27053
otherwise secure services to reduce the potential that the child	27054
would engage in behavior that could result in delinquent child or	27055
other criminal charges.	27056

(C) If after a hearing held pursuant to section 2152.58 of	27057
the Revised Code the court determines that a child is not	27058
competent but could likely attain competency by participating in	27059
services specifically designed to help the child develop	27060
competency, the court may order the child to participate in	27061
services specifically designed to help the child develop	27062
competency at county expense. The court shall name a reliable	27063
provider to deliver the competency attainment services and shall	27064
order the child's parent, guardian, or custodian to contact that	27065
provider by a specified date to arrange for services.	27066

(D) The competency attainment services provided to a child	27067
shall be based on a competency attainment plan described in	27068
division (E)(2) of this section and approved by the court.	27069
Services are subject to the following conditions and time periods	27070
measured from the date the court approves the plan:	27071

(1) Services shall be provided in the least restrictive	27072
setting that is consistent with the child's ability to attain	27073
competency and the safety of both the child and the community. If	27074
the child has been released on temporary or interim orders and	27075
refuses or fails to cooperate with the service provider, the court	27076
may reassess the orders and amend them to require a more	27077
appropriate setting.	27078

(2) No child shall be required to participate in competency	27079
attainment services for longer than is required for the child to	27080
attain competency. The following maximum periods of participation	27081
apply:	27082

(a) If a child is ordered to participate in competency	27083
attainment services that are provided outside of a residential	27084
setting, the child shall not participate in those services for a	27085
period exceeding three months if the child is charged with an act	27086
that would be a misdemeanor if committed by an adult, six months	27087
if the child is charged with an act that would be a felony of the	27088
third, fourth, or fifth degree if committed by an adult, or one	27089
year if the child is charged with an act that would be a felony of	27090
the first or second degree, aggravated murder, or murder if	27091
committed by an adult.	27092

(b) If a child is ordered to receive competency attainment	27093
services that are provided in a residential setting that is	27094
operated solely or in part for the purpose of providing competency	27095
attainment services, the child shall not participate in those	27096
services for a period exceeding forty-five calendar days if the	27097
child is charged with an act that would be a misdemeanor if	27098
committed by an adult, three months if the child is charged with	27099
an act that would be a felony of the third, fourth, or fifth	27100
degree if committed by an adult, six months if the child is	27101
charged with an act that would be a felony of the first or second	27102
degree if committed by an adult, or one year if the child is	27103
charged with an act that would be aggravated murder or murder if	27104
committed by an adult.	27105

(c) If a child is ordered into a residential, detention, or	27106
other secured setting for reasons other than to participate in	27107
competency attainment services and is also ordered to participate	27108
in competency attainment services concurrently, the child shall	27109
participate in the competency attainment services for not longer	27110
than the relevant period set forth in division (D)(2)(a) of this	27111
section.	27112

(d) If a child is ordered to participate in competency	27113
attainment services that require the child to live for some but	27114
not all of the duration of the services in a residential setting	27115
that is operated solely or in part for the purpose of providing	27116
competency attainment services, the child shall participate in the	27117
competency attainment services for not longer than the relevant	27118
period set forth in division (D)(2)(b) of this section. For the	27119
purpose of calculating a time period under division (D)(2)(d) of	27120
this section, two days of participation in a nonresidential	27121
setting shall equal one day of participation in a residential	27122
setting.	27123

(3) A child who receives competency attainment services in a	27124
residential setting that is operated solely or partly for the	27125
purpose of providing competency attainment services is in	27126
detention for purposes of section 2921.34 and division (B) of	27127
section 2152.18 of the Revised Code during the time that the child	27128
resides in the residential setting.	27129

(E)(1) Within ten business days after the court names the	27130
provider responsible for the child's competency attainment	27131
services under division (D) of this section, the court shall	27132
deliver to that provider a copy of each competency assessment	27133
report it has received for review. The provider shall return the	27134
copies of the reports to the court upon the termination of the	27135
services.	27136

(2) Not later than thirty calendar days after the child	27137
contacts the competency attainment services provider under	27138
division (C) of this section, the provider shall submit to the	27139
court a plan for the child to attain competency. The court shall	27140
provide copies of the plan to the prosecuting attorney, the	27141
child's attorney, the child's guardian ad litem, if any, and the	27142
child's parents, guardian, or custodian.	27143

(F) The provider that provides the child's competency	27144
attainment services pursuant to the competency attainment plan	27145
shall submit reports to the court on the following schedule:	27146

(1) A report on the child's progress every thirty calendar	27147
days and on the termination of services. The report shall not	27148
include any details of the alleged offense as reported by the	27149
child.	27150

(2) If the provider determines that the child is not	27151
cooperating to a degree that would allow the services to be	27152
effective to help the child attain competency, a report informing	27153
the court of the determination within three business days after	27154
making the determination;	27155

(3) If the provider determines that the current setting is no	27156
longer the least restrictive setting that is consistent with the	27157
child's ability to attain competency and the safety of both the	27158
child and the community, a report informing the court of the	27159
determination within three business days after making the	27160
determination;	27161

(4) If the provider determines that the child has achieved	27162
the goals of the plan and would be able to understand the nature	27163
and objectives of the proceeding against the child and to assist	27164
in the child's defense, with or without reasonable accommodations	27165
to meet the criteria set forth in division (B) of section 2152.56	27166
of the Revised Code, a report informing the court of that	27167
determination within three business days after making the	27168
determination. If the provider believes that accommodations would	27169
be necessary or desirable, the report shall include	27170
recommendations for accommodations.	27171

(5) If the provider determines that the child will not	27172
achieve the goals of the plan within the applicable period of time	27173
under division (D)(2) of this section, a report informing the	27174
court of the determination within three business days after making	27175
the determination. The report shall include recommendations for	27176
services for the child that would support the safety of the child	27177
or the community.	27178

(G) The court shall provide copies of any report made under	27179
division (F) of this section to the prosecuting attorney, the	27180
child's attorney, and the child's guardian ad litem, if any. The	27181
court shall provide copies of any report made under division (F)	27182
of this section to the child's parents, guardian, or custodian	27183
unless the court finds that doing so is not in the best interest	27184
of the child.	27185

(H)(1) Within fifteen business days after receiving a report	27186
under division (F) of this section, the court may hold a hearing	27187
to determine if a new order is necessary. To assist in making a	27188
determination under division (H) of this section, the court may	27189
order a new competency evaluation in accordance with section	27190
2152.53 of the Revised Code. Until a new order is issued or the	27191
required period of participation expires, the child shall continue	27192
to participate in competency attainment services.	27193

(2) If after a hearing held under division (H)(1) of this	27194
section the court determines that the child is not making progress	27195
toward competency or is so uncooperative that attainment services	27196
cannot be effective, the court may order a change in setting or	27197
services that would help the child attain competency within the	27198
relevant period of time under division (D)(2) of this section.	27199

(3) If after a hearing held under division (H)(1) of this	27200
section the court determines that the child has not or will not	27201
attain competency within the relevant period of time under	27202
division (D)(2) of this section, the court shall dismiss the	27203
delinquency complaint without prejudice, except that the court may	27204
delay dismissal for up to ninety calendar days and do either of	27205
the following:	27206

(a) Refer the matter to a public children services agency and	27207
request that agency determine whether to file an action in	27208
accordance with section 2151.27 of the Revised Code alleging that	27209
the child is a dependent, neglected, or abused child;	27210

(b) Assign court staff to refer the child or the child's	27211
family to the local family and children first council or an agency	27212
funded by the department of ~~mental health~~mental health and	27213
addiction services or department of developmental disabilities or	27214
otherwise secure services to reduce the potential that the child	27215
would engage in behavior that could result in delinquency or other	27216
criminal charges.	27217

(4) A dismissal under division (H)(3) of this section does	27218
not preclude a future delinquent child proceeding or criminal	27219
prosecution as provided under section 2151.23 of the Revised Code	27220
if the child eventually attains competency.	27221

(5) If after a hearing held under division (H)(1) of this	27222
section the court determines that the child has attained	27223
competency, the court shall proceed with the delinquent child's	27224
proceeding in accordance with division (A) of this section.	27225

(6) A dismissal under this section does not bar a civil	27226
action based on the acts or omissions that formed the basis of the	27227
complaint.	27228

Sec. 2303.201. (A)(1) The court of common pleas of any	27229
county may determine that for the efficient operation of the court	27230
additional funds are required to computerize the court, to make	27231
available computerized legal research services, or to do both.	27232
Upon making a determination that additional funds are required for	27233
either or both of those purposes, the court shall authorize and	27234
direct the clerk of the court of common pleas to charge one	27235
additional fee, not to exceed six dollars, on the filing of each	27236
cause of action or appeal under divisions (A), (Q), and (U) of	27237
section 2303.20 of the Revised Code.	27238

(2) All fees collected under division (A)(1) of this section	27239
shall be paid to the county treasurer. The treasurer shall place	27240
the funds from the fees in a separate fund to be disbursed either	27241
upon an order of the court, subject to an appropriation by the	27242
board of county commissioners, or upon an order of the court,	27243
subject to the court making an annual report available to the	27244
public listing the use of all such funds, in an amount not greater	27245
than the actual cost to the court of procuring and maintaining	27246
computerization of the court, computerized legal research	27247
services, or both.	27248

(3) If the court determines that the funds in the fund	27249
described in division (A)(2) of this section are more than	27250
sufficient to satisfy the purpose for which the additional fee	27251
described in division (A)(1) of this section was imposed, the	27252
court may declare a surplus in the fund and, subject to an	27253
appropriation by the board of county commissioners, expend those	27254
surplus funds, or upon an order of the court, subject to the court	27255
making an annual report available to the public listing the use of	27256
all such funds, expend those surplus funds, for other appropriate	27257
technological expenses of the court.	27258

(B)(1) The court of common pleas of any county may determine	27259
that, for the efficient operation of the court, additional funds	27260
are required to make technological advances in or to computerize	27261
the office of the clerk of the court of common pleas and, upon	27262
that determination, authorize and direct the clerk of the court of	27263
common pleas to charge an additional fee, not to exceed twenty	27264
dollars, on the filing of each cause of action or appeal, on the	27265
filing, docketing, and endorsing of each certificate of judgment,	27266
or on the docketing and indexing of each aid in execution or	27267
petition to vacate, revive, or modify a judgment under divisions	27268
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	27269
and not to exceed one dollar each for the services described in	27270
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	27271
the Revised Code. Subject to division (B)(2) of this section, all	27272
moneys collected under division (B)(1) of this section shall be	27273
paid to the county treasurer to be disbursed, upon an order of the	27274
court of common pleas and subject to appropriation by the board of	27275
county commissioners, in an amount no greater than the actual cost	27276
to the court of procuring and maintaining technology and computer	27277
systems for the office of the clerk of the court of common pleas.	27278

(2) If the court of common pleas of a county makes the	27279
determination described in division (B)(1) of this section, the	27280
board of county commissioners of that county may issue one or more	27281
general obligation bonds for the purpose of procuring and	27282
maintaining the technology and computer systems for the office of	27283
the clerk of the court of common pleas. In addition to the	27284
purposes stated in division (B)(1) of this section for which the	27285
moneys collected under that division may be expended, the moneys	27286
additionally may be expended to pay debt charges on and financing	27287
costs related to any general obligation bonds issued pursuant to	27288
division (B)(2) of this section as they become due. General	27289
obligation bonds issued pursuant to division (B)(2) of this	27290
section are Chapter 133. securities.	27291

(C) The court of common pleas shall collect the sum of	27292
twenty-six dollars as additional filing fees in each new civil	27293
action or proceeding for the charitable public purpose of	27294
providing financial assistance to legal aid societies that operate	27295
within the state and to support the office of the state public	27296
defender. This division does not apply to proceedings concerning	27297
annulments, dissolutions of marriage, divorces, legal separation,	27298
spousal support, marital property or separate property	27299
distribution, support, or other domestic relations matters; to a	27300
juvenile division of a court of common pleas; to a probate	27301
division of a court of common pleas, except that the additional	27302
filing fees shall apply to name change, guardianship, adoption,	27303
and decedents' estate proceedings; or to an execution on a	27304
judgment, proceeding in aid of execution, or other post-judgment	27305
proceeding arising out of a civil action. The filing fees required	27306
to be collected under this division shall be in addition to any	27307
other filing fees imposed in the action or proceeding and shall be	27308
collected at the time of the filing of the action or proceeding.	27309
The court shall not waive the payment of the additional filing	27310
fees in a new civil action or proceeding unless the court waives	27311
the advanced payment of all filing fees in the action or	27312
proceeding. All such moneys collected during a month except for an	27313
amount equal to up to one per cent of those moneys retained to	27314
cover administrative costs shall be transmitted on or before the	27315
twentieth day of the following month by the clerk of the court to	27316
the treasurer of state in a manner prescribed by the treasurer of	27317
state or by the Ohio legal assistance foundation. The treasurer of	27318
state shall deposit four per cent of the funds collected under	27319
this division to the credit of the civil case filing fee fund	27320
established under section 120.07 of the Revised Code and	27321
ninety-six per cent of the funds collected under this division to	27322
the credit of the legal aid fund established under section 120.52	27323
of the Revised Code.	27324

The court may retain up to one per cent of the moneys it	27325
collects under this division to cover administrative costs,	27326
including the hiring of any additional personnel necessary to	27327
implement this division. If the court fails to transmit to the	27328
treasurer of state the moneys the court collects under this	27329
division in a manner prescribed by the treasurer of state or by	27330
the Ohio legal assistance foundation, the court shall forfeit the	27331
moneys the court retains under this division to cover	27332
administrative costs, including the hiring of any additional	27333
personnel necessary to implement this division, and shall transmit	27334
to the treasurer of state all moneys collected under this	27335
division, including the forfeited amount retained for	27336
administrative costs, for deposit in the legal aid fund.	27337

(D) On and after the thirtieth day after December 9, 1994,	27338
the court of common pleas shall collect the sum of thirty-two	27339
dollars as additional filing fees in each new action or proceeding	27340
for annulment, divorce, or dissolution of marriage for the purpose	27341
of funding shelters for victims of domestic violence pursuant to	27342
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	27343
required to be collected under this division shall be in addition	27344
to any other filing fees imposed in the action or proceeding and	27345
shall be collected at the time of the filing of the action or	27346
proceeding. The court shall not waive the payment of the	27347
additional filing fees in a new action or proceeding for	27348
annulment, divorce, or dissolution of marriage unless the court	27349
waives the advanced payment of all filing fees in the action or	27350
proceeding. On or before the twentieth day of each month, all	27351
moneys collected during the immediately preceding month pursuant	27352
to this division shall be deposited by the clerk of the court into	27353
the county treasury in the special fund used for deposit of	27354
additional marriage license fees as described in section 3113.34	27355
of the Revised Code. Upon their deposit into the fund, the moneys	27356
shall be retained in the fund and expended only as described in	27357
section 3113.34 of the Revised Code.	27358

(E)(1) The court of common pleas may determine that, for the	27359
efficient operation of the court, additional funds are necessary	27360
to acquire and pay for special projects of the court, including,	27361
but not limited to, the acquisition of additional facilities or	27362
the rehabilitation of existing facilities, the acquisition of	27363
equipment, the hiring and training of staff, community service	27364
programs, mediation or dispute resolution services, the employment	27365
of magistrates, the training and education of judges, acting	27366
judges, and magistrates, and other related services. Upon that	27367
determination, the court by rule may charge a fee, in addition to	27368
all other court costs, on the filing of each criminal cause, civil	27369
action or proceeding, or judgment by confession.	27370

If the court of common pleas offers or requires a special	27371
program or ~~service~~additional services in cases of a specific	27372
type, the court by rule may assess an additional charge in a case	27373
of that type, over and above court costs, to cover the special	27374
program or service. The court shall adjust the special assessment	27375
periodically, but not retroactively, so that the amount assessed	27376
in those cases does not exceed the actual cost of providing the	27377
service or program.	27378

All moneys collected under division (E) of this section shall	27379
be paid to the county treasurer for deposit into either a general	27380
special projects fund or a fund established for a specific special	27381
project. Moneys from a fund of that nature shall be disbursed upon	27382
an order of the court, subject to an appropriation by the board of	27383
county commissioners, in an amount no greater than the actual cost	27384
to the court of a project. If a specific fund is terminated	27385
because of the discontinuance of a program or service established	27386
under division (E) of this section, the court may order, subject	27387
to an appropriation by the board of county commissioners, that	27388
moneys remaining in the fund be transferred to an account	27389
established under this division for a similar purpose.	27390

(2) As used in division (E) of this section:

27391

(a) "Criminal cause" means a charge alleging the violation of	27392
a statute or ordinance, or subsection of a statute or ordinance,	27393
that requires a separate finding of fact or a separate plea before	27394
disposition and of which the defendant may be found guilty,	27395
whether filed as part of a multiple charge on a single summons,	27396
citation, or complaint or as a separate charge on a single	27397
summons, citation, or complaint. "Criminal cause" does not include	27398
separate violations of the same statute or ordinance, or	27399
subsection of the same statute or ordinance, unless each charge is	27400
filed on a separate summons, citation, or complaint.	27401

(b) "Civil action or proceeding" means any civil litigation	27402
that must be determined by judgment entry.	27403

Sec. 2305.234. (A) As used in this section:

27404

(1) "Chiropractic claim," "medical claim," and "optometric	27405
claim" have the same meanings as in section 2305.113 of the	27406
Revised Code.	27407

(2) "Dental claim" has the same meaning as in section	27408
2305.113 of the Revised Code, except that it does not include any	27409
claim arising out of a dental operation or any derivative claim	27410
for relief that arises out of a dental operation.	27411

(3) "Governmental health care program" has the same meaning	27412
as in section 4731.65 of the Revised Code.	27413

(4) "Health care facility or location" means a hospital,	27414
clinic, ambulatory surgical facility, office of a health care	27415
professional or associated group of health care professionals,	27416
training institution for health care professionals, or any other	27417
place where medical, dental, or other health-related diagnosis,	27418
care, or treatment is provided to a person.	27419

(5) "Health care professional" means any of the following who	27420
provide medical, dental, or other health-related diagnosis, care,	27421
or treatment:	27422

(a) Physicians authorized under Chapter 4731. of the Revised	27423
Code to practice medicine and surgery or osteopathic medicine and	27424
surgery;	27425

(b) Registered nurses and licensed practical nurses licensed	27426
under Chapter 4723. of the Revised Code and individuals who hold a	27427
certificate of authority issued under that chapter that authorizes	27428
the practice of nursing as a certified registered nurse	27429
anesthetist, clinical nurse specialist, certified nurse-midwife,	27430
or certified nurse practitioner;	27431

(c) Physician assistants authorized to practice under Chapter	27432
4730. of the Revised Code;	27433

(d) Dentists and dental hygienists licensed under Chapter	27434
4715. of the Revised Code;	27435

(e) Physical therapists, physical therapist assistants,	27436
occupational therapists, and occupational therapy assistants	27437
licensed under Chapter 4755. of the Revised Code;	27438

(f) Chiropractors licensed under Chapter 4734. of the Revised	27439
Code;	27440

(g) Optometrists licensed under Chapter 4725. of the Revised	27441
Code;	27442

(h) Podiatrists authorized under Chapter 4731. of the Revised	27443
Code to practice podiatry;	27444

(i) Dietitians licensed under Chapter 4759. of the Revised	27445
Code;	27446

(j) Pharmacists licensed under Chapter 4729. of the Revised	27447
Code;	27448

(k) Emergency medical technicians-basic, emergency medical	27449
technicians-intermediate, and emergency medical	27450
technicians-paramedic, certified under Chapter 4765. of the	27451
Revised Code;	27452

(l) Respiratory care professionals licensed under Chapter	27453
4761. of the Revised Code;	27454

(m) Speech-language pathologists and audiologists licensed	27455
under Chapter 4753. of the Revised Code;	27456

(n) Professional clinical counselors, professional	27457
counselors, independent social workers, social workers,	27458
independent marriage and family therapists, and marriage and	27459
family therapists, licensed under Chapter 4757. of the Revised	27460
Code;	27461

(o) Psychologists licensed under Chapter 4732. of the Revised	27462
Code;	27463

(p) Independent chemical dependency counselors, chemical	27464
dependency counselors III, chemical dependency counselors II, and	27465
chemical dependency counselors I, licensed under Chapter 4758. of	27466
the Revised Code.	27467

(6) "Health care worker" means a person other than a health	27468
care professional who provides medical, dental, or other	27469
health-related care or treatment under the direction of a health	27470
care professional with the authority to direct that individual's	27471
activities, including medical technicians, medical assistants,	27472
dental assistants, orderlies, aides, and individuals acting in	27473
similar capacities.	27474

(7) "Indigent and uninsured person" means a person who meets	27475
all of the following requirements:	27476

(a) The person's income is not greater than two hundred per	27477
cent of the current poverty line as defined by the United States	27478
office of management and budget and revised in accordance with	27479
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	27480
95 Stat. 511, 42 U.S.C. 9902, as amended.	27481

(b) The person is not eligible ~~to receive medical assistance~~	27482
~~under Chapter 5111. of the Revised Code or assistance under~~for	27483
the medicaid program or any other governmental health care	27484
program.	27485

27486

(i) The person is not a policyholder, certificate holder,	27487
insured, contract holder, subscriber, enrollee, member,	27488
beneficiary, or other covered individual under a health insurance	27489
or health care policy, contract, or plan.	27490

(ii) The person is a policyholder, certificate holder,	27491
insured, contract holder, subscriber, enrollee, member,	27492
beneficiary, or other covered individual under a health insurance	27493
or health care policy, contract, or plan, but the insurer, policy,	27494
contract, or plan denies coverage or is the subject of insolvency	27495
or bankruptcy proceedings in any jurisdiction.	27496

(8) "Nonprofit health care referral organization" means an	27497
entity that is not operated for profit and refers patients to, or	27498
arranges for the provision of, health-related diagnosis, care, or	27499
treatment by a health care professional or health care worker.	27500

(9) "Operation" means any procedure that involves cutting or	27501
otherwise infiltrating human tissue by mechanical means, including	27502
surgery, laser surgery, ionizing radiation, therapeutic	27503
ultrasound, or the removal of intraocular foreign bodies.	27504
"Operation" does not include the administration of medication by	27505
injection, unless the injection is administered in conjunction	27506
with a procedure infiltrating human tissue by mechanical means	27507
other than the administration of medicine by injection.	27508
"Operation" does not include routine dental restorative	27509
procedures, the scaling of teeth, or extractions of teeth that are	27510
not impacted.	27511

(10) "Tort action" means a civil action for damages for	27512
injury, death, or loss to person or property other than a civil	27513
action for damages for a breach of contract or another agreement	27514
between persons or government entities.	27515

(11) "Volunteer" means an individual who provides any	27516
medical, dental, or other health-care related diagnosis, care, or	27517
treatment without the expectation of receiving and without receipt	27518
of any compensation or other form of remuneration from an indigent	27519
and uninsured person, another person on behalf of an indigent and	27520
uninsured person, any health care facility or location, any	27521
nonprofit health care referral organization, or any other person	27522
or government entity.	27523

(12) "Community control sanction" has the same meaning as in	27524
section 2929.01 of the Revised Code.	27525

(13) "Deep sedation" means a drug-induced depression of	27526
consciousness during which a patient cannot be easily aroused but	27527
responds purposefully following repeated or painful stimulation, a	27528
patient's ability to independently maintain ventilatory function	27529
may be impaired, a patient may require assistance in maintaining a	27530
patent airway and spontaneous ventilation may be inadequate, and	27531
cardiovascular function is usually maintained.	27532

(14) "General anesthesia" means a drug-induced loss of	27533
consciousness during which a patient is not arousable, even by	27534
painful stimulation, the ability to independently maintain	27535
ventilatory function is often impaired, a patient often requires	27536
assistance in maintaining a patent airway, positive pressure	27537
ventilation may be required because of depressed spontaneous	27538
ventilation or drug-induced depression of neuromuscular function,	27539
and cardiovascular function may be impaired.	27540

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	27541
health care professional who is a volunteer and complies with	27542
division (B)(2) of this section is not liable in damages to any	27543
person or government entity in a tort or other civil action,	27544
including an action on a medical, dental, chiropractic,	27545
optometric, or other health-related claim, for injury, death, or	27546
loss to person or property that allegedly arises from an action or	27547
omission of the volunteer in the provision to an indigent and	27548
uninsured person of medical, dental, or other health-related	27549
diagnosis, care, or treatment, including the provision of samples	27550
of medicine and other medical products, unless the action or	27551
omission constitutes willful or wanton misconduct.	27552

(2) To qualify for the immunity described in division (B)(1)	27553
of this section, a health care professional shall do all of the	27554
following prior to providing diagnosis, care, or treatment:	27555

(a) Determine, in good faith, that the indigent and uninsured	27556
person is mentally capable of giving informed consent to the	27557
provision of the diagnosis, care, or treatment and is not subject	27558
to duress or under undue influence;	27559

(b) Inform the person of the provisions of this section,	27560
including notifying the person that, by giving informed consent to	27561
the provision of the diagnosis, care, or treatment, the person	27562
cannot hold the health care professional liable for damages in a	27563
tort or other civil action, including an action on a medical,	27564
dental, chiropractic, optometric, or other health-related claim,	27565
unless the action or omission of the health care professional	27566
constitutes willful or wanton misconduct;	27567

(c) Obtain the informed consent of the person and a written	27568
waiver, signed by the person or by another individual on behalf of	27569
and in the presence of the person, that states that the person is	27570
mentally competent to give informed consent and, without being	27571
subject to duress or under undue influence, gives informed consent	27572
to the provision of the diagnosis, care, or treatment subject to	27573
the provisions of this section. A written waiver under division	27574
(B)(2)(c) of this section shall state clearly and in conspicuous	27575
type that the person or other individual who signs the waiver is	27576
signing it with full knowledge that, by giving informed consent to	27577
the provision of the diagnosis, care, or treatment, the person	27578
cannot bring a tort or other civil action, including an action on	27579
a medical, dental, chiropractic, optometric, or other	27580
health-related claim, against the health care professional unless	27581
the action or omission of the health care professional constitutes	27582
willful or wanton misconduct.	27583

(3) A physician or podiatrist who is not covered by medical	27584
malpractice insurance, but complies with division (B)(2) of this	27585
section, is not required to comply with division (A) of section	27586
4731.143 of the Revised Code.	27587

(C) Subject to divisions (F) and (G)(3) of this section,	27588
health care workers who are volunteers are not liable in damages	27589
to any person or government entity in a tort or other civil	27590
action, including an action upon a medical, dental, chiropractic,	27591
optometric, or other health-related claim, for injury, death, or	27592
loss to person or property that allegedly arises from an action or	27593
omission of the health care worker in the provision to an indigent	27594
and uninsured person of medical, dental, or other health-related	27595
diagnosis, care, or treatment, unless the action or omission	27596
constitutes willful or wanton misconduct.	27597

(D) Subject to divisions (F) and (G)(3) of this section, a	27598
nonprofit health care referral organization is not liable in	27599
damages to any person or government entity in a tort or other	27600
civil action, including an action on a medical, dental,	27601
chiropractic, optometric, or other health-related claim, for	27602
injury, death, or loss to person or property that allegedly arises	27603
from an action or omission of the nonprofit health care referral	27604
organization in referring indigent and uninsured persons to, or	27605
arranging for the provision of, medical, dental, or other	27606
health-related diagnosis, care, or treatment by a health care	27607
professional described in division (B)(1) of this section or a	27608
health care worker described in division (C) of this section,	27609
unless the action or omission constitutes willful or wanton	27610
misconduct.	27611

(E) Subject to divisions (F) and (G)(3) of this section and	27612
to the extent that the registration requirements of section	27613
3701.071 of the Revised Code apply, a health care facility or	27614
location associated with a health care professional described in	27615
division (B)(1) of this section, a health care worker described in	27616
division (C) of this section, or a nonprofit health care referral	27617
organization described in division (D) of this section is not	27618
liable in damages to any person or government entity in a tort or	27619
other civil action, including an action on a medical, dental,	27620
chiropractic, optometric, or other health-related claim, for	27621
injury, death, or loss to person or property that allegedly arises	27622
from an action or omission of the health care professional or	27623
worker or nonprofit health care referral organization relative to	27624
the medical, dental, or other health-related diagnosis, care, or	27625
treatment provided to an indigent and uninsured person on behalf	27626
of or at the health care facility or location, unless the action	27627
or omission constitutes willful or wanton misconduct.	27628

(F)(1) Except as provided in division (F)(2) of this section,	27629
the immunities provided by divisions (B), (C), (D), and (E) of	27630
this section are not available to a health care professional,	27631
health care worker, nonprofit health care referral organization,	27632
or health care facility or location if, at the time of an alleged	27633
injury, death, or loss to person or property, the health care	27634
professionals or health care workers involved are providing one of	27635
the following:	27636

(a) Any medical, dental, or other health-related diagnosis,	27637
care, or treatment pursuant to a community service work order	27638
entered by a court under division (B) of section 2951.02 of the	27639
Revised Code or imposed by a court as a community control	27640
sanction;	27641

(b) Performance of an operation to which any one of the	27642
following applies:	27643

(i) The operation requires the administration of deep	27644
sedation or general anesthesia.	27645

(ii) The operation is a procedure that is not typically	27646
performed in an office.	27647

(iii) The individual involved is a health care professional,	27648
and the operation is beyond the scope of practice or the	27649
education, training, and competence, as applicable, of the health	27650
care professional.	27651

(c) Delivery of a baby or any other purposeful termination of	27652
a human pregnancy.	27653

(2) Division (F)(1) of this section does not apply when a	27654
health care professional or health care worker provides medical,	27655
dental, or other health-related diagnosis, care, or treatment that	27656
is necessary to preserve the life of a person in a medical	27657
emergency.	27658

(G)(1) This section does not create a new cause of action or	27659
substantive legal right against a health care professional, health	27660
care worker, nonprofit health care referral organization, or	27661
health care facility or location.	27662

(2) This section does not affect any immunities from civil	27663
liability or defenses established by another section of the	27664
Revised Code or available at common law to which a health care	27665
professional, health care worker, nonprofit health care referral	27666
organization, or health care facility or location may be entitled	27667
in connection with the provision of emergency or other medical,	27668
dental, or other health-related diagnosis, care, or treatment.	27669

(3) This section does not grant an immunity from tort or	27670
other civil liability to a health care professional, health care	27671
worker, nonprofit health care referral organization, or health	27672
care facility or location for actions that are outside the scope	27673
of authority of health care professionals or health care workers.	27674

(4) This section does not affect any legal responsibility of	27675
a health care professional, health care worker, or nonprofit	27676
health care referral organization to comply with any applicable	27677
law of this state or rule of an agency of this state.	27678

(5) This section does not affect any legal responsibility of	27679
a health care facility or location to comply with any applicable	27680
law of this state, rule of an agency of this state, or local code,	27681
ordinance, or regulation that pertains to or regulates building,	27682
housing, air pollution, water pollution, sanitation, health, fire,	27683
zoning, or safety.	27684

Sec. 2307.65. (A) The attorney general may bring a civil	27685
action in the Franklin county court of common pleas on behalf of	27686
the department of ~~job and family services~~medicaid, and the	27687
prosecuting attorney of the county in which a violation of	27688
division (B) of section 2913.401 of the Revised Code occurs may	27689
bring a civil action in the court of common pleas of that county	27690
on behalf of the county department of job and family services,	27691
against a person who violates division (B) of section 2913.401 of	27692
the Revised Code for the recovery of the amount of benefits paid	27693
on behalf of a person that either department would not have paid	27694
but for the violation minus any amounts paid in restitution under	27695
division (C)(2) of section 2913.401 of the Revised Code and for	27696
reasonable attorney's fees and all other fees and costs of	27697
litigation.	27698

(B) In a civil action brought under division (A) of this	27699
section, if the defendant failed to disclose a transfer of	27700
property in violation of division (B)(3) of section 2913.401 of	27701
the Revised Code, the court may also grant any of the following	27702
relief to the extent permitted by the "Social Security Act,"	27703
section 1917, 42 U.S.C. 1396p:	27704

(1) Avoidance of the transfer of property that was not	27705
disclosed in violation of division (B)(3) of section 2913.401 of	27706
the Revised Code to the extent of the amount of benefits the	27707
department would not have paid but for the violation;	27708

(2) An order of attachment or garnishment against the	27709
property in accordance with Chapter 2715. or 2716. of the Revised	27710
Code;	27711

(3) An injunction against any further disposition by the	27712
transferor or transferee, or both, of the property the transfer of	27713
which was not disclosed in violation of division (B)(3) of section	27714
2913.401 of the Revised Code or against the disposition of other	27715
property by the transferor or transferee;	27716

(4) Appointment of a receiver to take charge of the property	27717
transferred or of other property of the transferee;	27718

(5) Any other relief that the court considers just and	27719
equitable.	27720

(C) To the extent permitted by the "Social Security Act,"	27721
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	27722
~~services~~medicaid or the county department of job and family	27723
services may enforce a judgment obtained under this section by	27724
levying on property the transfer of which was not disclosed in	27725
violation of division (B)(3) of section 2913.401 of the Revised	27726
Code or on the proceeds of the transfer of that property in	27727
accordance with Chapter 2329. of the Revised Code.	27728

(D) The remedies provided in divisions (B) and (C) of this	27729
section do not apply if the transferee of the property the	27730
transfer of which was not disclosed in violation of division	27731
(B)(3) of section 2913.401 of the Revised Code acquired the	27732
property in good faith and for fair market value.	27733

(E) The remedies provided in this section are not exclusive	27734
and do not preclude the use of any other criminal or civil remedy	27735
for any act that is in violation of section 2913.401 of the	27736
Revised Code.	27737

(F) Amounts of medicaid ~~benefits~~services paid and recovered	27738
in an action brought under this section shall be credited to the	27739
general revenue fund, and any applicable federal share shall be	27740
returned to the appropriate agency or department of the United	27741
States.	27742

Sec. 2317.02. The following persons shall not testify in	27743
certain respects:	27744

(A)(1) An attorney, concerning a communication made to the	27745
attorney by a client in that relation or concerning the attorney's	27746
advice to a client, except that the attorney may testify by	27747
express consent of the client or, if the client is deceased, by	27748
the express consent of the surviving spouse or the executor or	27749
administrator of the estate of the deceased client. However, if	27750
the client voluntarily reveals the substance of attorney-client	27751
communications in a nonprivileged context or is deemed by section	27752
2151.421 of the Revised Code to have waived any testimonial	27753
privilege under this division, the attorney may be compelled to	27754
testify on the same subject.	27755

The testimonial privilege established under this division	27756
does not apply concerning a communication between a client who has	27757
since died and the deceased client's attorney if the communication	27758
is relevant to a dispute between parties who claim through that	27759
deceased client, regardless of whether the claims are by testate	27760
or intestate succession or by inter vivos transaction, and the	27761
dispute addresses the competency of the deceased client when the	27762
deceased client executed a document that is the basis of the	27763
dispute or whether the deceased client was a victim of fraud,	27764
undue influence, or duress when the deceased client executed a	27765
document that is the basis of the dispute.	27766

(2) An attorney, concerning a communication made to the	27767
attorney by a client in that relationship or the attorney's advice	27768
to a client, except that if the client is an insurance company,	27769
the attorney may be compelled to testify, subject to an in camera	27770
inspection by a court, about communications made by the client to	27771
the attorney or by the attorney to the client that are related to	27772
the attorney's aiding or furthering an ongoing or future	27773
commission of bad faith by the client, if the party seeking	27774
disclosure of the communications has made a prima-facie showing of	27775
bad faith, fraud, or criminal misconduct by the client.	27776

(B)(1) A physician or a dentist concerning a communication	27777
made to the physician or dentist by a patient in that relation or	27778
the physician's or dentist's advice to a patient, except as	27779
otherwise provided in this division, division (B)(2), and division	27780
(B)(3) of this section, and except that, if the patient is deemed	27781
by section 2151.421 of the Revised Code to have waived any	27782
testimonial privilege under this division, the physician may be	27783
compelled to testify on the same subject.	27784

The testimonial privilege established under this division	27785
does not apply, and a physician or dentist may testify or may be	27786
compelled to testify, in any of the following circumstances:	27787

(a) In any civil action, in accordance with the discovery	27788
provisions of the Rules of Civil Procedure in connection with a	27789
civil action, or in connection with a claim under Chapter 4123. of	27790
the Revised Code, under any of the following circumstances:	27791

(i) If the patient or the guardian or other legal	27792
representative of the patient gives express consent;	27793

(ii) If the patient is deceased, the spouse of the patient or	27794
the executor or administrator of the patient's estate gives	27795
express consent;	27796

(iii) If a medical claim, dental claim, chiropractic claim,	27797
or optometric claim, as defined in section 2305.113 of the Revised	27798
Code, an action for wrongful death, any other type of civil	27799
action, or a claim under Chapter 4123. of the Revised Code is	27800
filed by the patient, the personal representative of the estate of	27801
the patient if deceased, or the patient's guardian or other legal	27802
representative.	27803

(b) In any civil action concerning court-ordered treatment or	27804
services received by a patient, if the court-ordered treatment or	27805
services were ordered as part of a case plan journalized under	27806
section 2151.412 of the Revised Code or the court-ordered	27807
treatment or services are necessary or relevant to dependency,	27808
neglect, or abuse or temporary or permanent custody proceedings	27809
under Chapter 2151. of the Revised Code.	27810

(c) In any criminal action concerning any test or the results	27811
of any test that determines the presence or concentration of	27812
alcohol, a drug of abuse, a combination of them, a controlled	27813
substance, or a metabolite of a controlled substance in the	27814
patient's whole blood, blood serum or plasma, breath, urine, or	27815
other bodily substance at any time relevant to the criminal	27816
offense in question.	27817

(d) In any criminal action against a physician or dentist. In	27818
such an action, the testimonial privilege established under this	27819
division does not prohibit the admission into evidence, in	27820
accordance with the Rules of Evidence, of a patient's medical or	27821
dental records or other communications between a patient and the	27822
physician or dentist that are related to the action and obtained	27823
by subpoena, search warrant, or other lawful means. A court that	27824
permits or compels a physician or dentist to testify in such an	27825
action or permits the introduction into evidence of patient	27826
records or other communications in such an action shall require	27827
that appropriate measures be taken to ensure that the	27828
confidentiality of any patient named or otherwise identified in	27829
the records is maintained. Measures to ensure confidentiality that	27830
may be taken by the court include sealing its records or deleting	27831
specific information from its records.	27832

(e)(i) If the communication was between a patient who has	27833
since died and the deceased patient's physician or dentist, the	27834
communication is relevant to a dispute between parties who claim	27835
through that deceased patient, regardless of whether the claims	27836
are by testate or intestate succession or by inter vivos	27837
transaction, and the dispute addresses the competency of the	27838
deceased patient when the deceased patient executed a document	27839
that is the basis of the dispute or whether the deceased patient	27840
was a victim of fraud, undue influence, or duress when the	27841
deceased patient executed a document that is the basis of the	27842
dispute.	27843

(ii) If neither the spouse of a patient nor the executor or	27844
administrator of that patient's estate gives consent under	27845
division (B)(1)(a)(ii) of this section, testimony or the	27846
disclosure of the patient's medical records by a physician,	27847
dentist, or other health care provider under division (B)(1)(e)(i)	27848
of this section is a permitted use or disclosure of protected	27849
health information, as defined in 45 C.F.R. 160.103, and an	27850
authorization or opportunity to be heard shall not be required.	27851

(iii) Division (B)(1)(e)(i) of this section does not require	27852
a mental health professional to disclose psychotherapy notes, as	27853
defined in 45 C.F.R. 164.501.	27854

(iv) An interested person who objects to testimony or	27855
disclosure under division (B)(1)(e)(i) of this section may seek a	27856
protective order pursuant to Civil Rule 26.	27857

(v) A person to whom protected health information is	27858
disclosed under division (B)(1)(e)(i) of this section shall not	27859
use or disclose the protected health information for any purpose	27860
other than the litigation or proceeding for which the information	27861
was requested and shall return the protected health information to	27862
the covered entity or destroy the protected health information,	27863
including all copies made, at the conclusion of the litigation or	27864
proceeding.	27865

(2)(a) If any law enforcement officer submits a written	27866
statement to a health care provider that states that an official	27867
criminal investigation has begun regarding a specified person or	27868
that a criminal action or proceeding has been commenced against a	27869
specified person, that requests the provider to supply to the	27870
officer copies of any records the provider possesses that pertain	27871
to any test or the results of any test administered to the	27872
specified person to determine the presence or concentration of	27873
alcohol, a drug of abuse, a combination of them, a controlled	27874
substance, or a metabolite of a controlled substance in the	27875
person's whole blood, blood serum or plasma, breath, or urine at	27876
any time relevant to the criminal offense in question, and that	27877
conforms to section 2317.022 of the Revised Code, the provider,	27878
except to the extent specifically prohibited by any law of this	27879
state or of the United States, shall supply to the officer a copy	27880
of any of the requested records the provider possesses. If the	27881
health care provider does not possess any of the requested	27882
records, the provider shall give the officer a written statement	27883
that indicates that the provider does not possess any of the	27884
requested records.	27885

(b) If a health care provider possesses any records of the	27886
type described in division (B)(2)(a) of this section regarding the	27887
person in question at any time relevant to the criminal offense in	27888
question, in lieu of personally testifying as to the results of	27889
the test in question, the custodian of the records may submit a	27890
certified copy of the records, and, upon its submission, the	27891
certified copy is qualified as authentic evidence and may be	27892
admitted as evidence in accordance with the Rules of Evidence.	27893
Division (A) of section 2317.422 of the Revised Code does not	27894
apply to any certified copy of records submitted in accordance	27895
with this division. Nothing in this division shall be construed to	27896
limit the right of any party to call as a witness the person who	27897
administered the test to which the records pertain, the person	27898
under whose supervision the test was administered, the custodian	27899
of the records, the person who made the records, or the person	27900
under whose supervision the records were made.	27901

(3)(a) If the testimonial privilege described in division	27902
(B)(1) of this section does not apply as provided in division	27903
(B)(1)(a)(iii) of this section, a physician or dentist may be	27904
compelled to testify or to submit to discovery under the Rules of	27905
Civil Procedure only as to a communication made to the physician	27906
or dentist by the patient in question in that relation, or the	27907
physician's or dentist's advice to the patient in question, that	27908
related causally or historically to physical or mental injuries	27909
that are relevant to issues in the medical claim, dental claim,	27910
chiropractic claim, or optometric claim, action for wrongful	27911
death, other civil action, or claim under Chapter 4123. of the	27912
Revised Code.	27913

(b) If the testimonial privilege described in division (B)(1)	27914
of this section does not apply to a physician or dentist as	27915
provided in division (B)(1)(c) of this section, the physician or	27916
dentist, in lieu of personally testifying as to the results of the	27917
test in question, may submit a certified copy of those results,	27918
and, upon its submission, the certified copy is qualified as	27919
authentic evidence and may be admitted as evidence in accordance	27920
with the Rules of Evidence. Division (A) of section 2317.422 of	27921
the Revised Code does not apply to any certified copy of results	27922
submitted in accordance with this division. Nothing in this	27923
division shall be construed to limit the right of any party to	27924
call as a witness the person who administered the test in	27925
question, the person under whose supervision the test was	27926
administered, the custodian of the results of the test, the person	27927
who compiled the results, or the person under whose supervision	27928
the results were compiled.	27929

(4) The testimonial privilege described in division (B)(1) of	27930
this section is not waived when a communication is made by a	27931
physician to a pharmacist or when there is communication between a	27932
patient and a pharmacist in furtherance of the physician-patient	27933
relation.	27934

(5)(a) As used in divisions (B)(1) to (4) of this section,	27935
"communication" means acquiring, recording, or transmitting any	27936
information, in any manner, concerning any facts, opinions, or	27937
statements necessary to enable a physician or dentist to diagnose,	27938
treat, prescribe, or act for a patient. A "communication" may	27939
include, but is not limited to, any medical or dental, office, or	27940
hospital communication such as a record, chart, letter,	27941
memorandum, laboratory test and results, x-ray, photograph,	27942
financial statement, diagnosis, or prognosis.	27943

(b) As used in division (B)(2) of this section, "health care	27944
provider" means a hospital, ambulatory care facility, long-term	27945
care facility, pharmacy, emergency facility, or health care	27946
practitioner.	27947

27948

(i) "Ambulatory care facility" means a facility that provides	27949
medical, diagnostic, or surgical treatment to patients who do not	27950
require hospitalization, including a dialysis center, ambulatory	27951
surgical facility, cardiac catheterization facility, diagnostic	27952
imaging center, extracorporeal shock wave lithotripsy center, home	27953
health agency, inpatient hospice, birthing center, radiation	27954
therapy center, emergency facility, and an urgent care center.	27955
"Ambulatory health care facility" does not include the private	27956
office of a physician or dentist, whether the office is for an	27957
individual or group practice.	27958

(ii) "Emergency facility" means a hospital emergency	27959
department or any other facility that provides emergency medical	27960
services.	27961

(iii) "Health care practitioner" has the same meaning as in	27962
section 4769.01 of the Revised Code.	27963

(iv) "Hospital" has the same meaning as in section 3727.01 of	27964
the Revised Code.	27965

(v) "Long-term care facility" means a nursing home,	27966
residential care facility, or home for the aging, as those terms	27967
are defined in section 3721.01 of the Revised Code; a residential	27968
facility licensed under section ~~5119.22~~5119.34 of the Revised	27969
Code that provides accommodations, supervision, and personal care	27970
services for three to sixteen unrelated adults; a nursing facility	27971
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	27972
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	27973
a ~~facility or portion of a facility certified as a~~ skilled	27974
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	27975
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	27976
section 5165.01 of the Revised Code; and an intermediate care	27977
facility for the mentally retarded, as defined in section 5124.01	27978
of the Revised Code.	27979

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	27980
the Revised Code.	27981

(d) As used in divisions (B)(1) and (2) of this section,	27982
"drug of abuse" has the same meaning as in section 4506.01 of the	27983
Revised Code.	27984

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	27985
apply to doctors of medicine, doctors of osteopathic medicine,	27986
doctors of podiatry, and dentists.	27987

(7) Nothing in divisions (B)(1) to (6) of this section	27988
affects, or shall be construed as affecting, the immunity from	27989
civil liability conferred by section 307.628 of the Revised Code	27990
or the immunity from civil liability conferred by section 2305.33	27991
of the Revised Code upon physicians who report an employee's use	27992
of a drug of abuse, or a condition of an employee other than one	27993
involving the use of a drug of abuse, to the employer of the	27994
employee in accordance with division (B) of that section. As used	27995
in division (B)(7) of this section, "employee," "employer," and	27996
"physician" have the same meanings as in section 2305.33 of the	27997
Revised Code.	27998

(C)(1) A cleric, when the cleric remains accountable to the	27999
authority of that cleric's church, denomination, or sect,	28000
concerning a confession made, or any information confidentially	28001
communicated, to the cleric for a religious counseling purpose in	28002
the cleric's professional character. The cleric may testify by	28003
express consent of the person making the communication, except	28004
when the disclosure of the information is in violation of a sacred	28005
trust and except that, if the person voluntarily testifies or is	28006
deemed by division (A)(4)(c) of section 2151.421 of the Revised	28007
Code to have waived any testimonial privilege under this division,	28008
the cleric may be compelled to testify on the same subject except	28009
when disclosure of the information is in violation of a sacred	28010
trust.	28011

(2) As used in division (C) of this section:

28012

(a) "Cleric" means a member of the clergy, rabbi, priest,	28013
Christian Science practitioner, or regularly ordained, accredited,	28014
or licensed minister of an established and legally cognizable	28015
church, denomination, or sect.	28016

(b) "Sacred trust" means a confession or confidential	28017
communication made to a cleric in the cleric's ecclesiastical	28018
capacity in the course of discipline enjoined by the church to	28019
which the cleric belongs, including, but not limited to, the	28020
Catholic Church, if both of the following apply:	28021

(i) The confession or confidential communication was made	28022
directly to the cleric.	28023

(ii) The confession or confidential communication was made in	28024
the manner and context that places the cleric specifically and	28025
strictly under a level of confidentiality that is considered	28026
inviolate by canon law or church doctrine.	28027

(D) Husband or wife, concerning any communication made by one	28028
to the other, or an act done by either in the presence of the	28029
other, during coverture, unless the communication was made, or act	28030
done, in the known presence or hearing of a third person competent	28031
to be a witness; and such rule is the same if the marital relation	28032
has ceased to exist;	28033

(E) A person who assigns a claim or interest, concerning any	28034
matter in respect to which the person would not, if a party, be	28035
permitted to testify;	28036

(F) A person who, if a party, would be restricted under	28037
section 2317.03 of the Revised Code, when the property or thing is	28038
sold or transferred by an executor, administrator, guardian,	28039
trustee, heir, devisee, or legatee, shall be restricted in the	28040
same manner in any action or proceeding concerning the property or	28041
thing.	28042

(G)(1) A school guidance counselor who holds a valid educator	28043
license from the state board of education as provided for in	28044
section 3319.22 of the Revised Code, a person licensed under	28045
Chapter 4757. of the Revised Code as a professional clinical	28046
counselor, professional counselor, social worker, independent	28047
social worker, marriage and family therapist or independent	28048
marriage and family therapist, or registered under Chapter 4757.	28049
of the Revised Code as a social work assistant concerning a	28050
confidential communication received from a client in that relation	28051
or the person's advice to a client unless any of the following	28052
applies:	28053

(a) The communication or advice indicates clear and present	28054
danger to the client or other persons. For the purposes of this	28055
division, cases in which there are indications of present or past	28056
child abuse or neglect of the client constitute a clear and	28057
present danger.	28058

(b) The client gives express consent to the testimony.

28059

(c) If the client is deceased, the surviving spouse or the	28060
executor or administrator of the estate of the deceased client	28061
gives express consent.	28062

(d) The client voluntarily testifies, in which case the	28063
school guidance counselor or person licensed or registered under	28064
Chapter 4757. of the Revised Code may be compelled to testify on	28065
the same subject.	28066

(e) The court in camera determines that the information	28067
communicated by the client is not germane to the counselor-client,	28068
marriage and family therapist-client, or social worker-client	28069
relationship.	28070

(f) A court, in an action brought against a school, its	28071
administration, or any of its personnel by the client, rules after	28072
an in-camera inspection that the testimony of the school guidance	28073
counselor is relevant to that action.	28074

(g) The testimony is sought in a civil action and concerns	28075
court-ordered treatment or services received by a patient as part	28076
of a case plan journalized under section 2151.412 of the Revised	28077
Code or the court-ordered treatment or services are necessary or	28078
relevant to dependency, neglect, or abuse or temporary or	28079
permanent custody proceedings under Chapter 2151. of the Revised	28080
Code.	28081

(2) Nothing in division (G)(1) of this section shall relieve	28082
a school guidance counselor or a person licensed or registered	28083
under Chapter 4757. of the Revised Code from the requirement to	28084
report information concerning child abuse or neglect under section	28085
2151.421 of the Revised Code.	28086

(H) A mediator acting under a mediation order issued under	28087
division (A) of section 3109.052 of the Revised Code or otherwise	28088
issued in any proceeding for divorce, dissolution, legal	28089
separation, annulment, or the allocation of parental rights and	28090
responsibilities for the care of children, in any action or	28091
proceeding, other than a criminal, delinquency, child abuse, child	28092
neglect, or dependent child action or proceeding, that is brought	28093
by or against either parent who takes part in mediation in	28094
accordance with the order and that pertains to the mediation	28095
process, to any information discussed or presented in the	28096
mediation process, to the allocation of parental rights and	28097
responsibilities for the care of the parents' children, or to the	28098
awarding of parenting time rights in relation to their children;	28099

(I) A communications assistant, acting within the scope of	28100
the communication assistant's authority, when providing	28101
telecommunications relay service pursuant to section 4931.06 of	28102
the Revised Code or Title II of the "Communications Act of 1934,"	28103
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	28104
made through a telecommunications relay service. Nothing in this	28105
section shall limit the obligation of a communications assistant	28106
to divulge information or testify when mandated by federal law or	28107
regulation or pursuant to subpoena in a criminal proceeding.	28108

Nothing in this section shall limit any immunity or privilege	28109
granted under federal law or regulation.	28110

(J)(1) A chiropractor in a civil proceeding concerning a	28111
communication made to the chiropractor by a patient in that	28112
relation or the chiropractor's advice to a patient, except as	28113
otherwise provided in this division. The testimonial privilege	28114
established under this division does not apply, and a chiropractor	28115
may testify or may be compelled to testify, in any civil action,	28116
in accordance with the discovery provisions of the Rules of Civil	28117
Procedure in connection with a civil action, or in connection with	28118
a claim under Chapter 4123. of the Revised Code, under any of the	28119
following circumstances:	28120

(a) If the patient or the guardian or other legal	28121
representative of the patient gives express consent.	28122

(b) If the patient is deceased, the spouse of the patient or	28123
the executor or administrator of the patient's estate gives	28124
express consent.	28125

(c) If a medical claim, dental claim, chiropractic claim, or	28126
optometric claim, as defined in section 2305.113 of the Revised	28127
Code, an action for wrongful death, any other type of civil	28128
action, or a claim under Chapter 4123. of the Revised Code is	28129
filed by the patient, the personal representative of the estate of	28130
the patient if deceased, or the patient's guardian or other legal	28131
representative.	28132

(2) If the testimonial privilege described in division (J)(1)	28133
of this section does not apply as provided in division (J)(1)(c)	28134
of this section, a chiropractor may be compelled to testify or to	28135
submit to discovery under the Rules of Civil Procedure only as to	28136
a communication made to the chiropractor by the patient in	28137
question in that relation, or the chiropractor's advice to the	28138
patient in question, that related causally or historically to	28139
physical or mental injuries that are relevant to issues in the	28140
medical claim, dental claim, chiropractic claim, or optometric	28141
claim, action for wrongful death, other civil action, or claim	28142
under Chapter 4123. of the Revised Code.	28143

(3) The testimonial privilege established under this division	28144
does not apply, and a chiropractor may testify or be compelled to	28145
testify, in any criminal action or administrative proceeding.	28146

(4) As used in this division, "communication" means	28147
acquiring, recording, or transmitting any information, in any	28148
manner, concerning any facts, opinions, or statements necessary to	28149
enable a chiropractor to diagnose, treat, or act for a patient. A	28150
communication may include, but is not limited to, any	28151
chiropractic, office, or hospital communication such as a record,	28152
chart, letter, memorandum, laboratory test and results, x-ray,	28153
photograph, financial statement, diagnosis, or prognosis.	28154

(K)(1) Except as provided under division (K)(2) of this	28155
section, a critical incident stress management team member	28156
concerning a communication received from an individual who	28157
receives crisis response services from the team member, or the	28158
team member's advice to the individual, during a debriefing	28159
session.	28160

(2) The testimonial privilege established under division	28161
(K)(1) of this section does not apply if any of the following are	28162
true:	28163

(a) The communication or advice indicates clear and present	28164
danger to the individual who receives crisis response services or	28165
to other persons. For purposes of this division, cases in which	28166
there are indications of present or past child abuse or neglect of	28167
the individual constitute a clear and present danger.	28168

(b) The individual who received crisis response services	28169
gives express consent to the testimony.	28170

(c) If the individual who received crisis response services	28171
is deceased, the surviving spouse or the executor or administrator	28172
of the estate of the deceased individual gives express consent.	28173

(d) The individual who received crisis response services	28174
voluntarily testifies, in which case the team member may be	28175
compelled to testify on the same subject.	28176

(e) The court in camera determines that the information	28177
communicated by the individual who received crisis response	28178
services is not germane to the relationship between the individual	28179
and the team member.	28180

(f) The communication or advice pertains or is related to any	28181
criminal act.	28182

(3) As used in division (K) of this section:

28183

(a) "Crisis response services" means consultation, risk	28184
assessment, referral, and on-site crisis intervention services	28185
provided by a critical incident stress management team to	28186
individuals affected by crisis or disaster.	28187

(b) "Critical incident stress management team member" or	28188
"team member" means an individual specially trained to provide	28189
crisis response services as a member of an organized community or	28190
local crisis response team that holds membership in the Ohio	28191
critical incident stress management network.	28192

(c) "Debriefing session" means a session at which crisis	28193
response services are rendered by a critical incident stress	28194
management team member during or after a crisis or disaster.	28195

(L)(1) Subject to division (L)(2) of this section and except	28196
as provided in division (L)(3) of this section, an employee	28197
assistance professional, concerning a communication made to the	28198
employee assistance professional by a client in the employee	28199
assistance professional's official capacity as an employee	28200
assistance professional.	28201

(2) Division (L)(1) of this section applies to an employee	28202
assistance professional who meets either or both of the following	28203
requirements:	28204

(a) Is certified by the employee assistance certification	28205
commission to engage in the employee assistance profession;	28206

(b) Has education, training, and experience in all of the	28207
following:	28208

(i) Providing workplace-based services designed to address	28209
employer and employee productivity issues;	28210

(ii) Providing assistance to employees and employees'	28211
dependents in identifying and finding the means to resolve	28212
personal problems that affect the employees or the employees'	28213
performance;	28214

(iii) Identifying and resolving productivity problems	28215
associated with an employee's concerns about any of the following	28216
matters: health, marriage, family, finances, substance abuse or	28217
other addiction, workplace, law, and emotional issues;	28218

(iv) Selecting and evaluating available community resources;

28219

(v) Making appropriate referrals;

28220

(vi) Local and national employee assistance agreements;

28221

(vii) Client confidentiality.

28222

(3) Division (L)(1) of this section does not apply to any of	28223
the following:	28224

(a) A criminal action or proceeding involving an offense	28225
under sections 2903.01 to 2903.06 of the Revised Code if the	28226
employee assistance professional's disclosure or testimony relates	28227
directly to the facts or immediate circumstances of the offense;	28228

(b) A communication made by a client to an employee	28229
assistance professional that reveals the contemplation or	28230
commission of a crime or serious, harmful act;	28231

(c) A communication that is made by a client who is an	28232
unemancipated minor or an adult adjudicated to be incompetent and	28233
indicates that the client was the victim of a crime or abuse;	28234

(d) A civil proceeding to determine an individual's mental	28235
competency or a criminal action in which a plea of not guilty by	28236
reason of insanity is entered;	28237

(e) A civil or criminal malpractice action brought against	28238
the employee assistance professional;	28239

(f) When the employee assistance professional has the express	28240
consent of the client or, if the client is deceased or disabled,	28241
the client's legal representative;	28242

(g) When the testimonial privilege otherwise provided by	28243
division (L)(1) of this section is abrogated under law.	28244

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	28245
2317.41 of the Revised Code but subject to division (B) of this	28246
section, the records, or copies or photographs of the records, of	28247
a hospital, homes required to be licensed pursuant to section	28248
3721.01 of the Revised Code, and residential facilities licensed	28249
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	28250
provides accommodations, supervision, and personal care services	28251
for three to sixteen unrelated adults, in lieu of the testimony in	28252
open court of their custodian, person who made them, or person	28253
under whose supervision they were made, may be qualified as	28254
authentic evidence if any such person endorses thereon the	28255
person's verified certification identifying such records, giving	28256
the mode and time of their preparation, and stating that they were	28257
prepared in the usual course of the business of the institution.	28258
Such records, copies, or photographs may not be qualified by	28259
certification as provided in this section unless the party	28260
intending to offer them delivers a copy of them, or of their	28261
relevant portions, to the attorney of record for each adverse	28262
party not less than five days before trial. Nothing in this	28263
section shall be construed to limit the right of any party to call	28264
the custodian, person who made such records, or person under whose	28265
supervision they were made, as a witness.	28266

(B) Division (A) of this section does not apply to any	28267
certified copy of the results of any test given to determine the	28268
presence or concentration of alcohol, a drug of abuse, a	28269
combination of them, a controlled substance, or a metabolite of a	28270
controlled substance in a patient's whole blood, blood serum or	28271
plasma, breath, or urine at any time relevant to a criminal	28272
offense that is submitted in a criminal action or proceeding in	28273
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	28274
of the Revised Code.	28275

Sec. 2329.192. (A) As used in this section:

28276

(1) "State lien" means a lien upon real estate, including	28277
lands and tenements, of persons indebted to the state for debt,	28278
taxes, or in any other manner recorded by a state agency in any	28279
office of the clerk of a county court or the county recorder.	28280

(2) "State lienholder" means the department, agency, or other	28281
division of the state in whose name a state lien has been filed or	28282
recorded.	28283

(B) In every action seeking the judicial sale of real estate	28284
that is subject to a state lien, all of the following apply:	28285

(1) The party seeking a judicial sale shall include the state	28286
lienholder as a party defendant and shall serve that state	28287
lienholder with a copy of the preliminary judicial report or	28288
commitment for an owner's fee policy of title insurance filed in	28289
accordance with section 2329.191 of the Revised Code.	28290

(2) A state lienholder shall not be made a party defendant if	28291
no state lien has been recorded against the owner of the real	28292
estate for which the judicial sale is sought.	28293

(3) The appearance of the state lienholder shall be presumed	28294
for purposes of jurisdiction, and the court shall take judicial	28295
notice that the state has a lien against the real estate.	28296

(4) A state lienholder may, but is not required to, file an	28297
answer to the complaint or any other pleading in the action if the	28298
amount, validity, or priority of the state lien is not identified	28299
in the pleadings as disputed and shall file an answer to the	28300
complaint or any other pleading in the action if the amount,	28301
validity, or priority of the state lien is identified in the	28302
pleadings as disputed. If a state lien is not identified as	28303
disputed, unless the state files an answer or other responsive	28304
pleading, the party seeking the judicial sale is not required to	28305
serve the state lienholder with any answer or subsequent pleadings	28306
in the action for judicial sale.	28307

(5) As part of any order confirming the sale of the real	28308
estate that is subject to any undisputed state lien or	28309
distributing the proceeds of any judicial sale of real estate, the	28310
undisputed state lien shall be protected as if the state had	28311
appeared in the action and filed an answer asserting the validity	28312
of the state lien as recorded in the office of the clerk of the	28313
county court or the office of the county recorder.	28314

(6) Any party asserting a dispute as to the amount, validity,	28315
or priority of the state lien or of any lien or other interest	28316
that has priority over the state lien shall serve the state	28317
lienholder and the attorney general with notice of the dispute,	28318
and the state lienholder shall be permitted to file a responsive	28319
pleading and participate in the proceedings as if the state	28320
lienholder had been served with a summons on the date the state	28321
lienholder received notice of the dispute.	28322

(C) Upon the judicial sale of the real estate that is the	28323
subject of an action under division (B) of this section, the	28324
interest of any undisputed state lien shall transfer to the	28325
proceeds of the sale of the real estate, and the state lienholder	28326
shall be entitled to payment from the proceeds of the sale of the	28327
real estate in accordance with the state lienholder's priority as	28328
set forth in the final judicial report or commitment for an	28329
owner's fee policy of title insurance filed in accordance with	28330
section 2329.191 of the Revised Code.	28331

Sec. 2505.02. (A) As used in this section:

28332

(1) "Substantial right" means a right that the United States	28333
Constitution, the Ohio Constitution, a statute, the common law, or	28334
a rule of procedure entitles a person to enforce or protect.	28335

(2) "Special proceeding" means an action or proceeding that	28336
is specially created by statute and that prior to 1853 was not	28337
denoted as an action at law or a suit in equity.	28338

(3) "Provisional remedy" means a proceeding ancillary to an	28339
action, including, but not limited to, a proceeding for a	28340
preliminary injunction, attachment, discovery of privileged	28341
matter, suppression of evidence, a prima-facie showing pursuant to	28342
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	28343
showing pursuant to section 2307.92 of the Revised Code, or a	28344
finding made pursuant to division (A)(3) of section 2307.93 of the	28345
Revised Code.	28346

(B) An order is a final order that may be reviewed, affirmed,	28347
modified, or reversed, with or without retrial, when it is one of	28348
the following:	28349

(1) An order that affects a substantial right in an action	28350
that in effect determines the action and prevents a judgment;	28351

(2) An order that affects a substantial right made in a	28352
special proceeding or upon a summary application in an action	28353
after judgment;	28354

(3) An order that vacates or sets aside a judgment or grants	28355
a new trial;	28356

(4) An order that grants or denies a provisional remedy and	28357
to which both of the following apply:	28358

(a) The order in effect determines the action with respect to	28359
the provisional remedy and prevents a judgment in the action in	28360
favor of the appealing party with respect to the provisional	28361
remedy.	28362

(b) The appealing party would not be afforded a meaningful or	28363
effective remedy by an appeal following final judgment as to all	28364
proceedings, issues, claims, and parties in the action.	28365

(5) An order that determines that an action may or may not be	28366
maintained as a class action;	28367

(6) An order determining the constitutionality of any changes	28368
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	28369
assembly, including the amendment of sections 1751.67, 2117.06,	28370
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	28371
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	28372
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. 59	28373
of the 130th general assembly), and the enactment of sections	28374
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	28375
changes made by Sub. S.B. 80 of the 125th general assembly,	28376
including the amendment of sections 2125.02, 2305.10, 2305.131,	28377
2315.18, 2315.19, and 2315.21 of the Revised Code;	28378

(7) An order in an appropriation proceeding that may be	28379
appealed pursuant to division (B)(3) of section 163.09 of the	28380
Revised Code.	28381

(C) When a court issues an order that vacates or sets aside a	28382
judgment or grants a new trial, the court, upon the request of	28383
either party, shall state in the order the grounds upon which the	28384
new trial is granted or the judgment vacated or set aside.	28385

(D) This section applies to and governs any action, including	28386
an appeal, that is pending in any court on July 22, 1998, and all	28387
claims filed or actions commenced on or after July 22, 1998,	28388
notwithstanding any provision of any prior statute or rule of law	28389
of this state.	28390

Sec. 2743.02. (A)(1) The state hereby waives its immunity	28391
from liability, except as provided for the office of the state	28392
fire marshal in division (G)(1) of section 9.60 and division (B)	28393
of section 3737.221 of the Revised Code and subject to division	28394
(H) of this section, and consents to be sued, and have its	28395
liability determined, in the court of claims created in this	28396
chapter in accordance with the same rules of law applicable to	28397
suits between private parties, except that the determination of	28398
liability is subject to the limitations set forth in this chapter	28399
and, in the case of state universities or colleges, in section	28400
3345.40 of the Revised Code, and except as provided in division	28401
(A)(2) or (3) of this section. To the extent that the state has	28402
previously consented to be sued, this chapter has no	28403
applicability.	28404

Except in the case of a civil action filed by the state,	28405
filing a civil action in the court of claims results in a complete	28406
waiver of any cause of action, based on the same act or omission,	28407
that the filing party has against any officer or employee, as	28408
defined in section 109.36 of the Revised Code. The waiver shall be	28409
void if the court determines that the act or omission was	28410
manifestly outside the scope of the officer's or employee's office	28411
or employment or that the officer or employee acted with malicious	28412
purpose, in bad faith, or in a wanton or reckless manner.	28413

(2) If a claimant proves in the court of claims that an	28414
officer or employee, as defined in section 109.36 of the Revised	28415
Code, would have personal liability for the officer's or	28416
employee's acts or omissions but for the fact that the officer or	28417
employee has personal immunity under section 9.86 of the Revised	28418
Code, the state shall be held liable in the court of claims in any	28419
action that is timely filed pursuant to section 2743.16 of the	28420
Revised Code and that is based upon the acts or omissions.	28421

(3)(a) Except as provided in division (A)(3)(b) of this	28422
section, the state is immune from liability in any civil action or	28423
proceeding involving the performance or nonperformance of a public	28424
duty, including the performance or nonperformance of a public duty	28425
that is owed by the state in relation to any action of an	28426
individual who is committed to the custody of the state.	28427

(b) The state immunity provided in division (A)(3)(a) of this	28428
section does not apply to any action of the state under	28429
circumstances in which a special relationship can be established	28430
between the state and an injured party. A special relationship	28431
under this division is demonstrated if all of the following	28432
elements exist:	28433

(i) An assumption by the state, by means of promises or	28434
actions, of an affirmative duty to act on behalf of the party who	28435
was allegedly injured;	28436

(ii) Knowledge on the part of the state's agents that	28437
inaction of the state could lead to harm;	28438

(iii) Some form of direct contact between the state's agents	28439
and the injured party;	28440

(iv) The injured party's justifiable reliance on the state's	28441
affirmative undertaking.	28442

(B) The state hereby waives the immunity from liability of	28443
all hospitals owned or operated by one or more political	28444
subdivisions and consents for them to be sued, and to have their	28445
liability determined, in the court of common pleas, in accordance	28446
with the same rules of law applicable to suits between private	28447
parties, subject to the limitations set forth in this chapter.	28448
This division is also applicable to hospitals owned or operated by	28449
political subdivisions that have been determined by the supreme	28450
court to be subject to suit prior to July 28, 1975.	28451

(C) Any hospital, as defined in section 2305.113 of the	28452
Revised Code, may purchase liability insurance covering its	28453
operations and activities and its agents, employees, nurses,	28454
interns, residents, staff, and members of the governing board and	28455
committees, and, whether or not such insurance is purchased, may,	28456
to the extent that its governing board considers appropriate,	28457
indemnify or agree to indemnify and hold harmless any such person	28458
against expense, including attorney's fees, damage, loss, or other	28459
liability arising out of, or claimed to have arisen out of, the	28460
death, disease, or injury of any person as a result of the	28461
negligence, malpractice, or other action or inaction of the	28462
indemnified person while acting within the scope of the	28463
indemnified person's duties or engaged in activities at the	28464
request or direction, or for the benefit, of the hospital. Any	28465
hospital electing to indemnify those persons, or to agree to so	28466
indemnify, shall reserve any funds that are necessary, in the	28467
exercise of sound and prudent actuarial judgment, to cover the	28468
potential expense, fees, damage, loss, or other liability. The	28469
superintendent of insurance may recommend, or, if the hospital	28470
requests the superintendent to do so, the superintendent shall	28471
recommend, a specific amount for any period that, in the	28472
superintendent's opinion, represents such a judgment. This	28473
authority is in addition to any authorization otherwise provided	28474
or permitted by law.	28475

(D)(1) Notwithstanding any other provision of the Revised	28476
Code or rules of a court to the contrary, in an action against the	28477
state to recover damages for injury, death, or loss to person or	28478
property caused by an act or omission of the state itself, by an	28479
act or omission of any officer or employee of the state while	28480
acting within the scope of employment or official	28481
responsibilities, or by an act or omission of any other person	28482
authorized to act on behalf of the state that occurred while	28483
engaged in activities at the request or direction, or for the	28484
benefit, of the state, the following apply:	28485

(a) Punitive or exemplary damages shall not be awarded.

28486

(b)(i) Recoveries against the state shall be reduced by the	28487
aggregate of ~~insurance proceeds, disability award,~~benefits or	28488
other collateral recovery received by the claimant for the injury,	28489
death, or loss allegedly incurred. ~~This division~~If a claimant	28490
receives or is entitled to receive benefits or other collateral	28491
recovery, the claimant or the claimant's attorney shall disclose	28492
the benefits or other collateral recovery to the court, and the	28493
court shall deduct the amount of the benefits or other collateral	28494
recovery from any award against the state recovered by the	28495
claimant. No insurer or other person is entitled to bring a civil	28496
action under a subrogation provision in an insurance or other	28497
contract against the state with respect to those benefits or other	28498
collateral recovery. Nothing in this division affects or shall be	28499
construed to limit the rights of a beneficiary under a life	28500
insurance policy or the rights of sureties under fidelity or	28501
surety bonds.	28502

(ii) Division (D)(1)(b)(i) of this section does not apply to	28503
civil actions in the court of claims against a state university or	28504
college under the circumstances described in section 3345.40 of	28505
the Revised Code. The collateral benefits provisions of division	28506
(B)(2) of that section apply under those circumstances.	28507

(c) There shall not be any limitation on compensatory damages	28508
that represent the actual loss of the person who is awarded the	28509
damages. However, except in wrongful death actions brought	28510
pursuant to Chapter 2125. of the Revised Code, damages that arise	28511
from the same cause of action, transaction or occurrence, or	28512
series of transactions or occurrences and that do not represent	28513
the actual loss of the person who is awarded the damages shall not	28514
exceed two hundred fifty thousand dollars in favor of any one	28515
person. The limitation on damages that do not represent the actual	28516
loss of the person who is awarded the damages provided in this	28517
division does not apply to court costs that are awarded to a	28518
claimant, or to interest on a judgment rendered in favor of a	28519
claimant, in an action against the state.	28520

(2) As used in division (D) of this section:

28521

(a) "Benefits" includes, but is not limited to, proceeds from	28522
a policy or policies of insurance, social security benefits,	28523
veterans' benefits, unemployment compensation, workers'	28524
compensation, medicaid benefits, medicare benefits, and disability	28525
awards.	28526

(b) "Collateral recovery" includes, but is not limited to,	28527
any settlements with and judgments against third parties that	28528
arise out of the same operative facts involved in, and the injury,	28529
death, or loss allegedly incurred, in the action against the	28530
state, or any other source of recovery for any injury, death, or	28531
loss allegedly incurred in that action.	28532

(c) Except as provided in division (D)(2)(d) of this section,	28533
"the actual loss of the person who is awarded the damages"	28534
includes all of the following:	28535

(i) All wages, salaries, or other compensation lost by the	28536
person injured as a result of the injury, including wages,	28537
salaries, or other compensation lost as of the date of a judgment	28538
and future expected lost earnings of the injured person;	28539

(ii) All expenditures of the injured person or of another	28540
person on behalf of the injured person for medical care or	28541
treatment, rehabilitation services, or other care, treatment,	28542
services, products, or accommodations that were necessary because	28543
of the injury;	28544

(iii) All expenditures to be incurred in the future, as	28545
determined by the court, by the injured person or by another	28546
person on behalf of the injured person for medical care or	28547
treatment, rehabilitation services, or other care, treatment,	28548
services, products, or accommodations that will be necessary	28549
because of the injury;	28550

(iv) All expenditures of a person whose property was injured	28551
or destroyed or of another person on behalf of the person whose	28552
property was injured or destroyed in order to repair or replace	28553
the property that was injured or destroyed;	28554

(v) All expenditures of the injured person, of the person	28555
whose property was injured or destroyed, or of another person on	28556
behalf of the injured person or the person whose property was	28557
injured or destroyed in relation to the actual preparation or	28558
presentation of the claim involved;	28559

(vi) Any other expenditures of the injured person, of the	28560
person whose property was injured or destroyed, or of another	28561
person on behalf of the injured person or the person whose	28562
property was injured or destroyed that the court determines	28563
represent an actual loss experienced because of the personal or	28564
property injury or property loss.	28565

(d) "The actual loss of the person who is awarded the	28566
damages" does not include either of the following:	28567

(i) Any fees paid or owed to an attorney for any services	28568
rendered in relation to the personal or property injury or	28569
property loss;	28570

(ii) Any damages awarded for pain and suffering, for the loss	28571
of society, consortium, companionship, care, assistance,	28572
attention, protection, advice, guidance, counsel, instruction,	28573
training, or education of the injured person, for mental anguish,	28574
or for any other intangible loss.	28575

(E) The only defendant in original actions in the court of	28576
claims is the state. The state may file a third-party complaint or	28577
counterclaim in any civil action, except a civil action for ten	28578
thousand dollars or less, that is filed in the court of claims.	28579

(F) A civil action against an officer or employee, as defined	28580
in section 109.36 of the Revised Code, that alleges that the	28581
officer's or employee's conduct was manifestly outside the scope	28582
of the officer's or employee's employment or official	28583
responsibilities, or that the officer or employee acted with	28584
malicious purpose, in bad faith, or in a wanton or reckless manner	28585
shall first be filed against the state in the court of claims that	28586
has exclusive, original jurisdiction to determine, initially,	28587
whether the officer or employee is entitled to personal immunity	28588
under section 9.86 of the Revised Code and whether the courts of	28589
common pleas have jurisdiction over the civil action. The officer	28590
or employee may participate in the immunity determination	28591
proceeding before the court of claims to determine whether the	28592
officer or employee is entitled to personal immunity under section	28593
9.86 of the Revised Code.	28594

The filing of a claim against an officer or employee under	28595
this division tolls the running of the applicable statute of	28596
limitations until the court of claims determines whether the	28597
officer or employee is entitled to personal immunity under section	28598
9.86 of the Revised Code.	28599

(G) If a claim lies against an officer or employee who is a	28600
member of the Ohio national guard, and the officer or employee	28601
was, at the time of the act or omission complained of, subject to	28602
the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28 U.S.C.	28603
2671, et seq., the Federal Tort Claims Act is the exclusive remedy	28604
of the claimant and the state has no liability under this section.	28605

(H) If an inmate of a state correctional institution has a	28606
claim against the state for the loss of or damage to property and	28607
the amount claimed does not exceed three hundred dollars, before	28608
commencing an action against the state in the court of claims, the	28609
inmate shall file a claim for the loss or damage under the rules	28610
adopted by the director of rehabilitation and correction pursuant	28611
to this division. The inmate shall file the claim within the time	28612
allowed for commencement of a civil action under section 2743.16	28613
of the Revised Code. If the state admits or compromises the claim,	28614
the director shall make payment from a fund designated by the	28615
director for that purpose. If the state denies the claim or does	28616
not compromise the claim at least sixty days prior to expiration	28617
of the time allowed for commencement of a civil action based upon	28618
the loss or damage under section 2743.16 of the Revised Code, the	28619
inmate may commence an action in the court of claims under this	28620
chapter to recover damages for the loss or damage.	28621

The director of rehabilitation and correction shall adopt	28622
rules pursuant to Chapter 119. of the Revised Code to implement	28623
this division.	28624

Sec. 2744.05. Notwithstanding any other provisions of the	28625
Revised Code or rules of a court to the contrary, in an action	28626
against a political subdivision to recover damages for injury,	28627
death, or loss to person or property caused by an act or omission	28628
in connection with a governmental or proprietary function:	28629

(A) Punitive or exemplary damages shall not be awarded.

28630

(B)(1) If a claimant receives or is entitled to receive	28631
benefits for injuries or loss allegedly incurred from a policy or	28632
policies of insurance or any other source, the benefits shall be	28633
disclosed to the court, and the amount of the benefits shall be	28634
deducted from any award against a political subdivision recovered	28635
by that claimant. No insurer or other person is entitled to bring	28636
an action under a subrogation provision in an insurance or other	28637
contract against a political subdivision with respect to those	28638
benefits.	28639

The amount of the benefits shall be deducted from an award	28640
against a political subdivision under division (B)(1) of this	28641
section regardless of whether the claimant may be under an	28642
obligation to pay back the benefits upon recovery, in whole or in	28643
part, for the claim. A claimant whose benefits have been deducted	28644
from an award under division (B)(1) of this section is not	28645
considered fully compensated and shall not be required to	28646
reimburse a subrogated claim for benefits deducted from an award	28647
pursuant to division (B)(1) of this section.	28648

(2) Nothing in division (B)(1) of this section shall be	28649
construed to do either of the following:	28650

(a) Limit the rights of a beneficiary under a life insurance	28651
policy or the rights of sureties under fidelity or surety bonds;	28652

(b) Prohibit the department of ~~job and family services~~	28653
medicaid from recovering from the political subdivision, pursuant	28654
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	28655
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	28656
~~of the Revised Code~~provided under a medical assistance program.	28657

(C)(1) There shall not be any limitation on compensatory	28658
damages that represent the actual loss of the person who is	28659
awarded the damages. However, except in wrongful death actions	28660
brought pursuant to Chapter 2125. of the Revised Code, damages	28661
that arise from the same cause of action, transaction or	28662
occurrence, or series of transactions or occurrences and that do	28663
not represent the actual loss of the person who is awarded the	28664
damages shall not exceed two hundred fifty thousand dollars in	28665
favor of any one person. The limitation on damages that do not	28666
represent the actual loss of the person who is awarded the damages	28667
provided in this division does not apply to court costs that are	28668
awarded to a plaintiff, or to interest on a judgment rendered in	28669
favor of a plaintiff, in an action against a political	28670
subdivision.	28671

(2) As used in this division, "the actual loss of the person	28672
who is awarded the damages" includes all of the following:	28673

(a) All wages, salaries, or other compensation lost by the	28674
person injured as a result of the injury, including wages,	28675
salaries, or other compensation lost as of the date of a judgment	28676
and future expected lost earnings of the person injured;	28677

(b) All expenditures of the person injured or another person	28678
on behalf of the person injured for medical care or treatment, for	28679
rehabilitation services, or for other care, treatment, services,	28680
products, or accommodations that were necessary because of the	28681
injury;	28682

(c) All expenditures to be incurred in the future, as	28683
determined by the court, by the person injured or another person	28684
on behalf of the person injured for medical care or treatment, for	28685
rehabilitation services, or for other care, treatment, services,	28686
products, or accommodations that will be necessary because of the	28687
injury;	28688

(d) All expenditures of a person whose property was injured	28689
or destroyed or of another person on behalf of the person whose	28690
property was injured or destroyed in order to repair or replace	28691
the property that was injured or destroyed;	28692

(e) All expenditures of the person injured or of the person	28693
whose property was injured or destroyed or of another person on	28694
behalf of the person injured or of the person whose property was	28695
injured or destroyed in relation to the actual preparation or	28696
presentation of the claim involved;	28697

(f) Any other expenditures of the person injured or of the	28698
person whose property was injured or destroyed or of another	28699
person on behalf of the person injured or of the person whose	28700
property was injured or destroyed that the court determines	28701
represent an actual loss experienced because of the personal or	28702
property injury or property loss.	28703

"The actual loss of the person who is awarded the damages"	28704
does not include any fees paid or owed to an attorney for any	28705
services rendered in relation to a personal or property injury or	28706
property loss, and does not include any damages awarded for pain	28707
and suffering, for the loss of society, consortium, companionship,	28708
care, assistance, attention, protection, advice, guidance,	28709
counsel, instruction, training, or education of the person	28710
injured, for mental anguish, or for any other intangible loss.	28711

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	28712
or (3) of this section or as otherwise provided in this section, a	28713
prosecution shall be barred unless it is commenced within the	28714
following periods after an offense is committed:	28715

(a) For a felony, six years;

28716

(b) For a misdemeanor other than a minor misdemeanor, two	28717
years;	28718

28719

(2) There is no period of limitation for the prosecution of a	28720
violation of section 2903.01 or 2903.02 of the Revised Code.	28721

(3) Except as otherwise provided in divisions (B) to (H) of	28722
this section, a prosecution of any of the following offenses shall	28723
be barred unless it is commenced within twenty years after the	28724
offense is committed:	28725

(a) A violation of section 2903.03, 2903.04, 2905.01,	28726
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	28727
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	28728
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	28729
Code, a violation of section 2903.11 or 2903.12 of the Revised	28730
Code if the victim is a peace officer, a violation of section	28731
2903.13 of the Revised Code that is a felony, or a violation of	28732
former section 2907.12 of the Revised Code;	28733

(b) A conspiracy to commit, attempt to commit, or complicity	28734
in committing a violation set forth in division (A)(3)(a) of this	28735
section.	28736

(B)(1) Except as otherwise provided in division (B)(2) of	28737
this section, if the period of limitation provided in division	28738
(A)(1) or (3) of this section has expired, prosecution shall be	28739
commenced for an offense of which an element is fraud or breach of	28740
a fiduciary duty, within one year after discovery of the offense	28741
either by an aggrieved person, or by the aggrieved person's legal	28742
representative who is not a party to the offense.	28743

(2) If the period of limitation provided in division (A)(1)	28744
or (3) of this section has expired, prosecution for a violation of	28745
section 2913.49 of the Revised Code shall be commenced within five	28746
years after discovery of the offense either by an aggrieved person	28747
or the aggrieved person's legal representative who is not a party	28748
to the offense.	28749

(C)(1) If the period of limitation provided in division	28750
(A)(1) or (3) of this section has expired, prosecution shall be	28751
commenced for the following offenses during the following	28752
specified periods of time:	28753

(a) For an offense involving misconduct in office by a public	28754
servant, at any time while the accused remains a public servant,	28755
or within two years thereafter;	28756

(b) For an offense by a person who is not a public servant	28757
but whose offense is directly related to the misconduct in office	28758
of a public servant, at any time while that public servant remains	28759
a public servant, or within two years thereafter.	28760

(2) As used in this division:

28761

(a) An "offense is directly related to the misconduct in	28762
office of a public servant" includes, but is not limited to, a	28763
violation of section 101.71, 101.91, 121.61 or 2921.13, division	28764
(F) or (H) of section 102.03, division (A) of section 2921.02,	28765
division (A) or (B) of section 2921.43, or division (F) or (G) of	28766
section 3517.13 of the Revised Code, that is directly related to	28767
an offense involving misconduct in office of a public servant.	28768

(b) "Public servant" has the same meaning as in section	28769
2921.01 of the Revised Code.	28770

(D) An offense is committed when every element of the offense	28771
occurs. In the case of an offense of which an element is a	28772
continuing course of conduct, the period of limitation does not	28773
begin to run until such course of conduct or the accused's	28774
accountability for it terminates, whichever occurs first.	28775

(E) A prosecution is commenced on the date an indictment is	28776
returned or an information filed, or on the date a lawful arrest	28777
without a warrant is made, or on the date a warrant, summons,	28778
citation, or other process is issued, whichever occurs first. A	28779
prosecution is not commenced by the return of an indictment or the	28780
filing of an information unless reasonable diligence is exercised	28781
to issue and execute process on the same. A prosecution is not	28782
commenced upon issuance of a warrant, summons, citation, or other	28783
process, unless reasonable diligence is exercised to execute the	28784
same.	28785

(F) The period of limitation shall not run during any time	28786
when the corpus delicti remains undiscovered.	28787

(G) The period of limitation shall not run during any time	28788
when the accused purposely avoids prosecution. Proof that the	28789
accused departed this state or concealed the accused's identity or	28790
whereabouts is prima-facie evidence of the accused's purpose to	28791
avoid prosecution.	28792

(H) The period of limitation shall not run during any time a	28793
prosecution against the accused based on the same conduct is	28794
pending in this state, even though the indictment, information, or	28795
process that commenced the prosecution is quashed or the	28796
proceedings on the indictment, information, or process are set	28797
aside or reversed on appeal.	28798

(I) The period of limitation for a violation of any provision	28799
of Title XXIX of the Revised Code that involves a physical or	28800
mental wound, injury, disability, or condition of a nature that	28801
reasonably indicates abuse or neglect of a child under eighteen	28802
years of age or of a mentally retarded, developmentally disabled,	28803
or physically impaired child under twenty-one years of age shall	28804
not begin to run until either of the following occurs:	28805

(1) The victim of the offense reaches the age of majority.

28806

(2) A public children services agency, or a municipal or	28807
county peace officer that is not the parent or guardian of the	28808
child, in the county in which the child resides or in which the	28809
abuse or neglect is occurring or has occurred has been notified	28810
that abuse or neglect is known, suspected, or believed to have	28811
occurred.	28812

(J) As used in this section, "peace officer" has the same	28813
meaning as in section 2935.01 of the Revised Code.	28814

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	28815
the Revised Code:	28816

(1) "Information" means information that can be integrated	28817
into the computer system and that relates to the physical or	28818
mental description of a minor including, but not limited to,	28819
height, weight, color of hair and eyes, use of eyeglasses or	28820
contact lenses, skin coloring, physical or mental handicaps,	28821
special medical conditions or needs, abnormalities, problems,	28822
scars and marks, and distinguishing characteristics, and other	28823
information that could assist in identifying a minor including,	28824
but not limited to, full name and nickname, date and place of	28825
birth, age, names and addresses of parents and other relatives,	28826
fingerprints, dental records, photographs, social security number,	28827
driver's license number, credit card numbers, bank account	28828
numbers, and clothing.	28829

(2) "Minor" means a person under eighteen years of age.

28830

(3) "Missing children" or "missing child" means either of the	28831
following:	28832

(a) A minor who has run away from or who otherwise is missing	28833
from the home of, or the care, custody, and control of, the	28834
minor's parents, parent who is the residential parent and legal	28835
custodian, guardian, legal custodian, or other person having	28836
responsibility for the care of the minor;	28837

(b) A minor who is missing and about whom there is reason to	28838
believe the minor could be the victim of a violation of section	28839
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	28840
violation of section 2905.04 of the Revised Code as it existed	28841
prior to July 1, 1996.	28842

(B) When a law enforcement agency in this state that has	28843
jurisdiction in the matter is informed that a minor is or may be a	28844
missing child and that the person providing the information wishes	28845
to file a missing child report, the law enforcement agency shall	28846
take that report. Upon taking the report, the law enforcement	28847
agency shall take prompt action upon it, including, but not	28848
limited to, concerted efforts to locate the missing child. No law	28849
enforcement agency in this state shall have a rule or policy that	28850
prohibits or discourages the filing of or the taking of action	28851
upon a missing child report, within a specified period following	28852
the discovery or formulation of a belief that a minor is or could	28853
be a missing child.	28854

(C) If a missing child report is made to a law enforcement	28855
agency in this state that has jurisdiction in the matter, the law	28856
enforcement agency shall gather readily available information	28857
about the missing child and integrate it into the national crime	28858
information center computer immediately following the making of	28859
the report. The law enforcement agency shall make reasonable	28860
efforts to acquire additional information about the missing child	28861
following the transmittal of the initially available information,	28862
and promptly integrate any additional information acquired into	28863
such computer systems.	28864

Whenever a law enforcement agency integrates information	28865
about a missing child into the national crime information center	28866
computer, the law enforcement agency promptly shall notify the	28867
missing child's parents, parent who is the residential parent and	28868
legal custodian, guardian, or legal custodian, or any other person	28869
responsible for the care of the missing child, that it has so	28870
integrated the information.	28871

The parents, parent who is the residential parent and legal	28872
custodian, guardian, legal custodian, or other person responsible	28873
for the care of the missing child shall provide available	28874
information upon request, and may provide information voluntarily,	28875
to the law enforcement agency during the information gathering	28876
process. The law enforcement agency also may obtain available	28877
information about the missing child from other persons, subject to	28878
constitutional and statutory limitations.	28879

(D) Upon the filing of a missing child report, the law	28880
enforcement agency involved may notify the public or nonpublic	28881
school in which the missing child is or was most recently	28882
enrolled, as ascertained by the agency, that the child is the	28883
subject of a missing child report and that the child's school	28884
records are to be marked in accordance with section 3313.672 of	28885
the Revised Code.	28886

(E) Upon the filing of a missing child report, the law	28887
enforcement agency involved promptly shall make a reasonable	28888
attempt to notify other law enforcement agencies within its county	28889
and, if the agency has jurisdiction in a municipal corporation or	28890
township that borders another county, to notify the law	28891
enforcement agency for the municipal corporation or township in	28892
the other county with which it shares the border, that it has	28893
taken a missing child report and may be requesting assistance or	28894
cooperation in the case, and provide relevant information to the	28895
other law enforcement agencies. The agency may notify additional	28896
law enforcement agencies, or appropriate public children services	28897
agencies, about the case, request their assistance or cooperation	28898
in the case, and provide them with relevant information.	28899

Upon request from a law enforcement agency, a public children	28900
services agency shall grant the law enforcement agency access to	28901
all information concerning a missing child that the agency	28902
possesses that may be relevant to the law enforcement agency in	28903
investigating a missing child report concerning that child. The	28904
information obtained by the law enforcement agency shall be used	28905
only to further the investigation to locate the missing child.	28906

(F) Upon request, law enforcement agencies in this state	28907
shall provide assistance to, and cooperate with, other law	28908
enforcement agencies in their investigation of missing child	28909
cases. The assistance and cooperation under this paragraph shall	28910
be pursuant to any terms agreed upon by the law enforcement	28911
agencies, which may include the provision of law enforcement	28912
services or the use of law enforcement equipment or the	28913
interchange of services and equipment among the cooperating law	28914
enforcement agencies. Chapter 2744. of the Revised Code, insofar	28915
as it applies to the operation of law enforcement agencies, shall	28916
apply to the cooperating political subdivisions and to the law	28917
enforcement agency employees when they are rendering services	28918
pursuant to this paragraph outside the territory of the political	28919
subdivision by which they are employed. Law enforcement agency	28920
employees rendering services outside the territory of the	28921
political subdivision in which they are employed, pursuant to this	28922
paragraph, shall be entitled to participate in any indemnity fund	28923
established by their employer to the same extent as if they were	28924
rendering service within the territory of their employing	28925
political subdivision. Those law enforcement agency employees also	28926
shall be entitled to all the rights and benefits of Chapter 4123.	28927
of the Revised Code to the same extent as if rendering services	28928
within the territory of their employing political subdivision.	28929

The information in any missing child report made to a law	28930
enforcement agency shall be made available, upon request, to law	28931
enforcement personnel of this state, other states, and the federal	28932
government when the law enforcement personnel indicate that the	28933
request is to aid in identifying or locating a missing child or	28934
the possible identification of a deceased minor who, upon	28935
discovery, cannot be identified.	28936

(G) When a missing child has not been located within thirty	28937
days after the date on which the missing child report pertaining	28938
to the child was filed with a law enforcement agency, that law	28939
enforcement agency shall request the missing child's parents,	28940
parent who is the residential parent and legal custodian,	28941
guardian, or legal custodian, or any other person responsible for	28942
the care of the missing child, to provide written consent for the	28943
law enforcement agency to contact the missing child's dentist and	28944
request the missing child's dental records. Upon receipt of such	28945
written consent, the dentist shall release a copy of the missing	28946
child's dental records to the law enforcement agency and shall	28947
provide and encode the records in such form as requested by the	28948
law enforcement agency. The law enforcement agency then shall	28949
integrate information in the records into the national crime	28950
information center computer in order to compare the records to	28951
those of unidentified deceased persons. This division does not	28952
prevent a law enforcement agency from seeking consent to obtain	28953
copies of a missing child's dental records, or prevent a missing	28954
child's parents, parent who is the residential parent and legal	28955
custodian, guardian, or legal custodian, or any other person	28956
responsible for the care of the missing child, from granting	28957
consent for the release of copies of the missing child's dental	28958
records to a law enforcement agency, at any time.	28959

(H) A missing child's parents, parent who is the residential	28960
parent and legal custodian, guardian, or legal custodian, or any	28961
other persons responsible for the care of a missing child,	28962
immediately shall notify the law enforcement agency with which	28963
they filed the missing child report whenever the child has	28964
returned to their home or to their care, custody, and control, has	28965
been released if the missing child was the victim of an offense	28966
listed in division (A)(3)(b) of this section, or otherwise has	28967
been located. Upon such notification or upon otherwise learning	28968
that a missing child has returned to the home of, or to the care,	28969
custody, and control of the missing child's parents, parent who is	28970
the residential parent and legal custodian, guardian, legal	28971
custodian, or other person responsible for the missing child's	28972
care, has been released if the missing child was the victim of an	28973
offense listed in division (A)(3)(b) of this section, or otherwise	28974
has been located, the law enforcement agency involved promptly	28975
shall integrate the fact that the minor no longer is a missing	28976
child into the national crime information center computer and	28977
shall inform any school that was notified under division (D) of	28978
this section that the minor is no longer a missing child.	28979

~~(I) Nothing contained in this section shall be construed to~~	28980
~~impair the confidentiality of services provided to runaway minors~~	28981
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	28982
~~5119.68 of the Revised Code.~~	28983

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	28984
Revised Code:	28985

(A) "Care facility" means any of the following:

28986

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	28987
the Revised Code;	28988

(2) Any "residential facility" as defined in section 5123.19	28989
of the Revised Code;	28990

(3) Any institution or facility operated or provided by the	28991
department of ~~mental health~~mental health and addiction services	28992
or by the department of developmental disabilities pursuant to	28993
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	28994

(4) Any "residential facility" as defined in section ~~5119.22~~	28995
5119.34 of the Revised Code;	28996

(5) Any unit of any hospital, as defined in section 3701.01	28997
of the Revised Code, that provides the same services as a nursing	28998
home, as defined in section 3721.01 of the Revised Code;	28999

(6) Any institution, residence, or facility that provides,	29000
for a period of more than twenty-four hours, whether for a	29001
consideration or not, accommodations to one individual or two	29002
unrelated individuals who are dependent upon the services of	29003
others.	29004

(B) "Abuse" means knowingly causing physical harm or	29005
recklessly causing serious physical harm to a person by physical	29006
contact with the person or by the inappropriate use of a physical	29007
or chemical restraint, medication, or isolation on the person.	29008

(C)(1) "Gross neglect" means knowingly failing to provide a	29009
person with any treatment, care, goods, or service that is	29010
necessary to maintain the health or safety of the person when the	29011
failure results in physical harm or serious physical harm to the	29012
person.	29013

(2) "Neglect" means recklessly failing to provide a person	29014
with any treatment, care, goods, or service that is necessary to	29015
maintain the health or safety of the person when the failure	29016
results in serious physical harm to the person.	29017

(D) "Inappropriate use of a physical or chemical restraint,	29018
medication, or isolation" means the use of physical or chemical	29019
restraint, medication, or isolation as punishment, for staff	29020
convenience, excessively, as a substitute for treatment, or in	29021
quantities that preclude habilitation and treatment.	29022

Sec. 2907.22. (A) No person shall knowingly:

29023

(1) Establish, maintain, operate, manage, supervise, control,	29024
or have an interest in a brothel or any other enterprise a purpose	29025
of which is to facilitate engagement in sexual activity for hire;	29026

(2) Supervise, manage, or control the activities of a	29027
prostitute in engaging in sexual activity for hire;	29028

(3) Transport another, or cause another to be transported	29029
~~across the boundary of this state or of any county in this state~~,	29030
in order to facilitate the other person's engaging in sexual	29031
activity for hire;	29032

(4) For the purpose of violating or facilitating a violation	29033
of this section, induce or procure another to engage in sexual	29034
activity for hire.	29035

(B) Whoever violates this section is guilty of promoting	29036
prostitution. Except as otherwise provided in this division,	29037
promoting prostitution is a felony of the fourth degree. If any	29038
prostitute in the brothel involved in the offense, or the	29039
prostitute whose activities are supervised, managed, or controlled	29040
by the offender, or the person transported, induced, or procured	29041
by the offender to engage in sexual activity for hire, is a minor,	29042
whether or not the offender knows the age of the minor, then	29043
promoting prostitution is a felony of the third degree. If the	29044
offender in any case also is convicted of or pleads guilty to a	29045
specification as described in section 2941.1422 of the Revised	29046
Code that was included in the indictment, count in the indictment,	29047
or information charging the offense, the court shall sentence the	29048
offender to a mandatory prison term as provided in division (B)(7)	29049
of section 2929.14 of the Revised Code and shall order the	29050
offender to make restitution as provided in division (B)(8) of	29051
section 2929.18 of the Revised Code.	29052

Sec. 2913.40. (A) As used in this section:

29053

(1) "Statement or representation" means any oral, written,	29054
electronic, electronic impulse, or magnetic communication that is	29055
used to identify an item of goods or a service for which	29056
reimbursement may be made under the ~~medical assistance~~medicaid	29057
program or that states income and expense and is or may be used to	29058
determine a rate of reimbursement under the ~~medical assistance~~	29059
medicaid program.	29060

(2) ~~"Medical assistance program" means the program~~	29061
~~established by the department of job and family services to~~	29062
~~provide medical assistance under section 5111.01 of the Revised~~	29063
~~Code and the medicaid program of Title XIX of the "Social Security~~	29064
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	29065

~~(3)~~ "Provider" means any person who has signed a provider	29066
agreement with the department of ~~job and family services~~medicaid	29067
to provide goods or services pursuant to the ~~medical assistance~~	29068
medicaid program or any person who has signed an agreement with a	29069
party to such a provider agreement under which the person agrees	29070
to provide goods or services that are reimbursable under the	29071
~~medical assistance~~medicaid program.	29072

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	29073
~~agreement between the department of job and family services and a~~	29074
~~person in which the person agrees to provide goods or services~~	29075
~~under the medical assistance program~~has the same meaning as in	29076
section 5164.01 of the Revised Code.	29077

~~(5)~~(4) "Recipient" means any individual who receives goods or	29078
services from a provider under the ~~medical assistance~~medicaid	29079
program.	29080

~~(6)~~(5) "Records" means any medical, professional, financial,	29081
or business records relating to the treatment or care of any	29082
recipient, to goods or services provided to any recipient, or to	29083
rates paid for goods or services provided to any recipient and any	29084
records that are required by the rules of the medicaid director of	29085
~~job and family services~~ to be kept for the ~~medical assistance~~	29086
medicaid program.	29087

(B) No person shall knowingly make or cause to be made a	29088
false or misleading statement or representation for use in	29089
obtaining reimbursement from the ~~medical assistance~~medicaid	29090
program.	29091

(C) No person, with purpose to commit fraud or knowing that	29092
the person is facilitating a fraud, shall do either of the	29093
following:	29094

(1) Contrary to the terms of the person's provider agreement,	29095
charge, solicit, accept, or receive for goods or services that the	29096
person provides under the ~~medical assistance~~medicaid program any	29097
property, money, or other consideration in addition to the amount	29098
of reimbursement under the ~~medical assistance~~medicaid program and	29099
the person's provider agreement for the goods or services and any	29100
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	29101
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	29102
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	29103
regarding the medicaid program.	29104

(2) Solicit, offer, or receive any remuneration, other than	29105
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	29106
of the Revised Code or rules adopted ~~under section 5111.01,~~	29107
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	29108
regarding the medicaid program, in cash or in kind, including, but	29109
not limited to, a kickback or rebate, in connection with the	29110
furnishing of goods or services for which whole or partial	29111
reimbursement is or may be made under the ~~medical assistance~~	29112
medicaid program.	29113

(D) No person, having submitted a claim for or provided goods	29114
or services under the ~~medical assistance~~medicaid program, shall	29115
do either of the following for a period of at least six years	29116
after a reimbursement pursuant to that claim, or a reimbursement	29117
for those goods or services, is received under the ~~medical~~	29118
~~assistance~~medicaid program:	29119

(1) Knowingly alter, falsify, destroy, conceal, or remove any	29120
records that are necessary to fully disclose the nature of all	29121
goods or services for which the claim was submitted, or for which	29122
reimbursement was received, by the person;	29123

(2) Knowingly alter, falsify, destroy, conceal, or remove any	29124
records that are necessary to disclose fully all income and	29125
expenditures upon which rates of reimbursements were based for the	29126
person.	29127

(E) Whoever violates this section is guilty of medicaid	29128
fraud. Except as otherwise provided in this division, medicaid	29129
fraud is a misdemeanor of the first degree. If the value of	29130
property, services, or funds obtained in violation of this section	29131
is one thousand dollars or more and is less than seven thousand	29132
five hundred dollars, medicaid fraud is a felony of the fifth	29133
degree. If the value of property, services, or funds obtained in	29134
violation of this section is seven thousand five hundred dollars	29135
or more and is less than one hundred fifty thousand dollars,	29136
medicaid fraud is a felony of the fourth degree. If the value of	29137
the property, services, or funds obtained in violation of this	29138
section is one hundred fifty thousand dollars or more, medicaid	29139
fraud is a felony of the third degree.	29140

(F) Upon application of the governmental agency, office, or	29141
other entity that conducted the investigation and prosecution in a	29142
case under this section, the court shall order any person who is	29143
convicted of a violation of this section for receiving any	29144
reimbursement for furnishing goods or services under the ~~medical~~	29145
~~assistance~~medicaid program to which the person is not entitled to	29146
pay to the applicant its cost of investigating and prosecuting the	29147
case. The costs of investigation and prosecution that a defendant	29148
is ordered to pay pursuant to this division shall be in addition	29149
to any other penalties for the receipt of that reimbursement that	29150
are provided in this section, section ~~5111.03~~5164.35 of the	29151
Revised Code, or any other provision of law.	29152

(G) The provisions of this section are not intended to be	29153
exclusive remedies and do not preclude the use of any other	29154
criminal or civil remedy for any act that is in violation of this	29155
section.	29156

Sec. 2913.401. (A) As used in this section:

29157

(1) "Medicaid ~~benefits~~services" ~~means benefits under the~~	29158
~~medical assistance program established under Chapter 5111.~~has the	29159
same meaning as in section 5164.01 of the Revised Code.	29160

(2) "Property" means any real or personal property or other	29161
asset in which a person has any legal title or interest.	29162

(B) No person shall knowingly do any of the following in an	29163
application for enrollment in the medicaid ~~benefits~~program or in	29164
a document that requires a disclosure of assets for the purpose of	29165
determining eligibility ~~to receive~~for the medicaid ~~benefits~~	29166
program:	29167

(1) Make or cause to be made a false or misleading statement;

29168

(2) Conceal an interest in property;

29169

(3)(a) Except as provided in division (B)(3)(b) of this	29170
section, fail to disclose a transfer of property that occurred	29171
during the period beginning thirty-six months before submission of	29172
the application or document and ending on the date the application	29173
or document was submitted;	29174

(b) Fail to disclose a transfer of property that occurred	29175
during the period beginning sixty months before submission of the	29176
application or document and ending on the date the application or	29177
document was submitted and that was made to an irrevocable trust a	29178
portion of which is not distributable to the applicant for	29179
~~medicaid benefits~~ or ~~the~~ recipient of medicaid ~~benefits~~ or to a	29180
revocable trust.	29181

(C)(1) Whoever violates this section is guilty of medicaid	29182
eligibility fraud. Except as otherwise provided in this division,	29183
a violation of this section is a misdemeanor of the first degree.	29184
If the value of the medicaid ~~benefits~~services paid as a result of	29185
the violation is one thousand dollars or more and is less than	29186
seven thousand five hundred dollars, a violation of this section	29187
is a felony of the fifth degree. If the value of the medicaid	29188
~~benefits~~services paid as a result of the violation is seven	29189
thousand five hundred dollars or more and is less than one hundred	29190
fifty thousand dollars, a violation of this section is a felony of	29191
the fourth degree. If the value of the medicaid ~~benefits~~services	29192
paid as a result of the violation is one hundred fifty thousand	29193
dollars or more, a violation of this section is a felony of the	29194
third degree.	29195

(2) In addition to imposing a sentence under division (C)(1)	29196
of this section, the court shall order that a person who is guilty	29197
of medicaid eligibility fraud make restitution in the full amount	29198
of any medicaid ~~benefits~~services paid on behalf of an applicant	29199
for or recipient of medicaid ~~benefits~~ for which the applicant or	29200
recipient was not eligible, plus interest at the rate applicable	29201
to judgments on unreimbursed amounts from the date on which the	29202
~~benefits~~medicaid services were paid to the date on which	29203
restitution is made.	29204

(3) The remedies and penalties provided in this section are	29205
not exclusive and do not preclude the use of any other criminal or	29206
civil remedy for any act that is in violation of this section.	29207

(D) This section does not apply to a person who fully	29208
disclosed in an application for medicaid ~~benefits~~ or in a document	29209
that requires a disclosure of assets for the purpose of	29210
determining eligibility ~~to receive~~for medicaid ~~benefits~~ all of	29211
the interests in property of the applicant for or recipient of	29212
medicaid ~~benefits~~, all transfers of property by the applicant for	29213
or recipient of medicaid ~~benefits~~, and the circumstances of all	29214
those transfers.	29215

(E) Any amounts of medicaid ~~benefits~~services recovered as	29216
restitution under this section and any interest on those amounts	29217
shall be credited to the general revenue fund, and any applicable	29218
federal share shall be returned to the appropriate agency or	29219
department of the United States.	29220

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	29221
violation of section 2919.27 of the Revised Code or of a municipal	29222
ordinance that is substantially similar to that section, the court	29223
may order an evaluation of the mental condition of the defendant	29224
if the court determines that either of the following criteria	29225
apply:	29226

(i) If the alleged violation is a violation of a protection	29227
order issued or consent agreement approved pursuant to section	29228
2919.26 or 3113.31 of the Revised Code, that the violation	29229
allegedly involves conduct by the defendant that caused physical	29230
harm to the person or property of a family or household member	29231
covered by the order or agreement, or conduct by the defendant	29232
that caused a family or household member to believe that the	29233
defendant would cause physical harm to that member or that	29234
member's property.	29235

(ii) If the alleged violation is a violation of a protection	29236
order issued pursuant to section 2903.213 or 2903.214 of the	29237
Revised Code or a protection order issued by a court of another	29238
state, that the violation allegedly involves conduct by the	29239
defendant that caused physical harm to the person or property of	29240
the person covered by the order, or conduct by the defendant that	29241
caused the person covered by the order to believe that the	29242
defendant would cause physical harm to that person or that	29243
person's property.	29244

(b) If a defendant is charged with a violation of section	29245
2903.211 of the Revised Code or of a municipal ordinance that is	29246
substantially similar to that section, the court may order an	29247
evaluation of the mental condition of the defendant.	29248

(2) An evaluation ordered under division (A)(1) of this	29249
section shall be completed no later than thirty days from the date	29250
the order is entered pursuant to that division. In that order, the	29251
court shall do either of the following:	29252

(a) Order that the evaluation of the mental condition of the	29253
defendant be preceded by an examination conducted either by a	29254
forensic center that is designated by the department of ~~mental~~	29255
~~health~~mental health and addiction services to conduct	29256
examinations and make evaluations of defendants charged with	29257
violations of section 2903.211 or 2919.27 of the Revised Code or	29258
of substantially similar municipal ordinances in the area in which	29259
the court is located, or by any other program or facility that is	29260
designated by the department of ~~mental health~~mental health and	29261
addiction services or the department of developmental disabilities	29262
to conduct examinations and make evaluations of defendants charged	29263
with violations of section 2903.211 or 2919.27 of the Revised Code	29264
or of substantially similar municipal ordinances, and that is	29265
operated by either department or is certified by either department	29266
as being in compliance with the standards established under	29267
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	29268
or division (C) of section 5123.04 of the Revised Code.	29269

(b) Designate a center, program, or facility other than one	29270
designated by the department of ~~mental health~~mental health and	29271
addiction services or the department of developmental	29272
disabilities, as described in division (A)(2)(a) of this section,	29273
to conduct the evaluation and preceding examination of the mental	29274
condition of the defendant.	29275

Whether the court acts pursuant to division (A)(2)(a) or (b)	29276
of this section, the court may designate examiners other than the	29277
personnel of the center, program, facility, or department involved	29278
to make the evaluation and preceding examination of the mental	29279
condition of the defendant.	29280

(B) If the court considers that additional evaluations of the	29281
mental condition of a defendant are necessary following the	29282
evaluation authorized by division (A) of this section, the court	29283
may order up to two additional similar evaluations. These	29284
evaluations shall be completed no later than thirty days from the	29285
date the applicable court order is entered. If more than one	29286
evaluation of the mental condition of the defendant is ordered	29287
under this division, the prosecutor and the defendant may	29288
recommend to the court an examiner whom each prefers to perform	29289
one of the evaluations and preceding examinations.	29290

(C)(1) The court may order a defendant who has been released	29291
on bail to submit to an examination under division (A) or (B) of	29292
this section. The examination shall be conducted either at the	29293
detention facility in which the defendant would have been confined	29294
if the defendant had not been released on bail, or, if so	29295
specified by the center, program, facility, or examiners involved,	29296
at the premises of the center, program, or facility. Additionally,	29297
the examination shall be conducted at the times established by the	29298
examiners involved. If such a defendant refuses to submit to an	29299
examination or a complete examination as required by the court or	29300
the center, program, facility, or examiners involved, the court	29301
may amend the conditions of the bail of the defendant and order	29302
the sheriff to take the defendant into custody and deliver the	29303
defendant to the detention facility in which the defendant would	29304
have been confined if the defendant had not been released on bail,	29305
or, if so specified by the center, program, facility, or examiners	29306
involved, to the premises of the center, program, or facility, for	29307
purposes of the examination.	29308

(2) A defendant who has not been released on bail shall be	29309
examined at the detention facility in which the defendant is	29310
confined or, if so specified by the center, program, facility, or	29311
examiners involved, at the premises of the center, program, or	29312
facility.	29313

(D) The examiner of the mental condition of a defendant under	29314
division (A) or (B) of this section shall file a written report	29315
with the court within thirty days after the entry of an order for	29316
the evaluation of the mental condition of the defendant. The	29317
report shall contain the findings of the examiner; the facts in	29318
reasonable detail on which the findings are based; the opinion of	29319
the examiner as to the mental condition of the defendant; the	29320
opinion of the examiner as to whether the defendant represents a	29321
substantial risk of physical harm to other persons as manifested	29322
by evidence of recent homicidal or other violent behavior,	29323
evidence of recent threats that placed other persons in reasonable	29324
fear of violent behavior and serious physical harm, or evidence of	29325
present dangerousness; and the opinion of the examiner as to the	29326
types of treatment or counseling that the defendant needs. The	29327
court shall provide copies of the report to the prosecutor and	29328
defense counsel.	29329

(E) The costs of any evaluation and preceding examination of	29330
a defendant that is ordered pursuant to division (A) or (B) of	29331
this section shall be taxed as court costs in the criminal case.	29332

(F) If the examiner considers it necessary in order to make	29333
an accurate evaluation of the mental condition of a defendant, an	29334
examiner under division (A) or (B) of this section may request any	29335
family or household member of the defendant to provide the	29336
examiner with information. A family or household member may, but	29337
is not required to, provide information to the examiner upon	29338
receipt of the request.	29339

(G) As used in this section:

29340

(1) "Bail" includes a recognizance.

29341

(2) "Examiner" means a psychiatrist, a licensed independent	29342
social worker who is employed by a forensic center that is	29343
certified as being in compliance with the standards established	29344
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	29345
(C) of section 5123.04 of the Revised Code, a licensed	29346
professional clinical counselor who is employed at a forensic	29347
center that is certified as being in compliance with such	29348
standards, or a licensed clinical psychologist, except that in	29349
order to be an examiner, a licensed clinical psychologist shall	29350
meet the criteria of division (I)(1) of section 5122.01 of the	29351
Revised Code or be employed to conduct examinations by the	29352
department of ~~mental health~~mental health and addiction services	29353
or by a forensic center certified as being in compliance with the	29354
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	29355
5119.10 or division (C) of section 5123.04 of the Revised Code	29356
that is designated by the department of ~~mental health~~mental	29357
health and addiction services.	29358

(3) "Family or household member" has the same meaning as in	29359
section 2919.25 of the Revised Code.	29360

(4) "Prosecutor" has the same meaning as in section 2935.01	29361
of the Revised Code.	29362

(5) "Psychiatrist" and "licensed clinical psychologist" have	29363
the same meanings as in section 5122.01 of the Revised Code.	29364

(6) "Protection order issued by a court of another state" has	29365
the same meaning as in section 2919.27 of the Revised Code.	29366

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	29367
Revised Code:	29368

(A) "Public official" means any elected or appointed officer,	29369
or employee, or agent of the state or any political subdivision,	29370
whether in a temporary or permanent capacity, and includes, but is	29371
not limited to, legislators, judges, and law enforcement officers.	29372
"Public official" does not include an employee, officer, or	29373
governor-appointed member of the board of directors of the	29374
nonprofit corporation formed under section 187.01 of the Revised	29375
Code.	29376

(B) "Public servant" means any of the following:

29377

(1) Any public official;

29378

(2) Any person performing ad hoc a governmental function,	29379
including, but not limited to, a juror, member of a temporary	29380
commission, master, arbitrator, advisor, or consultant;	29381

(3) A person who is a candidate for public office, whether or	29382
not the person is elected or appointed to the office for which the	29383
person is a candidate. A person is a candidate for purposes of	29384
this division if the person has been nominated according to law	29385
for election or appointment to public office, or if the person has	29386
filed a petition or petitions as required by law to have the	29387
person's name placed on the ballot in a primary, general, or	29388
special election, or if the person campaigns as a write-in	29389
candidate in any primary, general, or special election.	29390

"Public servant" does not include an employee, officer, or	29391
governor-appointed member of the board of directors of the	29392
nonprofit corporation formed under section 187.01 of the Revised	29393
Code.	29394

(C) "Party official" means any person who holds an elective	29395
or appointive post in a political party in the United States or	29396
this state, by virtue of which the person directs, conducts, or	29397
participates in directing or conducting party affairs at any level	29398
of responsibility.	29399

(D) "Official proceeding" means any proceeding before a	29400
legislative, judicial, administrative, or other governmental	29401
agency or official authorized to take evidence under oath, and	29402
includes any proceeding before a referee, hearing examiner,	29403
commissioner, notary, or other person taking testimony or a	29404
deposition in connection with an official proceeding.	29405

(E) "Detention" means arrest; confinement in any vehicle	29406
subsequent to an arrest; confinement in any public or private	29407
facility for custody of persons charged with or convicted of crime	29408
in this state or another state or under the laws of the United	29409
States or alleged or found to be a delinquent child or unruly	29410
child in this state or another state or under the laws of the	29411
United States; hospitalization, institutionalization, or	29412
confinement in any public or private facility that is ordered	29413
pursuant to or under the authority of section 2945.37, 2945.371,	29414
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	29415
Code; confinement in any vehicle for transportation to or from any	29416
facility of any of those natures; detention for extradition or	29417
deportation; except as provided in this division, supervision by	29418
any employee of any facility of any of those natures that is	29419
incidental to hospitalization, institutionalization, or	29420
confinement in the facility but that occurs outside the facility;	29421
supervision by an employee of the department of rehabilitation and	29422
correction of a person on any type of release from a state	29423
correctional institution; or confinement in any vehicle, airplane,	29424
or place while being returned from outside of this state into this	29425
state by a private person or entity pursuant to a contract entered	29426
into under division (E) of section 311.29 of the Revised Code or	29427
division (B) of section 5149.03 of the Revised Code. For a person	29428
confined in a county jail who participates in a county jail	29429
industry program pursuant to section 5147.30 of the Revised Code,	29430
"detention" includes time spent at an assigned work site and going	29431
to and from the work site.	29432

(F) "Detention facility" means any public or private place	29433
used for the confinement of a person charged with or convicted of	29434
any crime in this state or another state or under the laws of the	29435
United States or alleged or found to be a delinquent child or	29436
unruly child in this state or another state or under the laws of	29437
the United States.	29438

(G) "Valuable thing or valuable benefit" includes, but is not	29439
limited to, a contribution. This inclusion does not indicate or	29440
imply that a contribution was not included in those terms before	29441
September 17, 1986.	29442

(H) "Campaign committee," "contribution," "political action	29443
committee," "legislative campaign fund," "political party," and	29444
"political contributing entity" have the same meanings as in	29445
section 3517.01 of the Revised Code.	29446

(I) "Provider agreement" ~~and "medical assistance program"~~	29447
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	29448
of the Revised Code.	29449

Sec. 2921.13. (A) No person shall knowingly make a false	29450
statement, or knowingly swear or affirm the truth of a false	29451
statement previously made, when any of the following applies:	29452

(1) The statement is made in any official proceeding.

29453

(2) The statement is made with purpose to incriminate	29454
another.	29455

(3) The statement is made with purpose to mislead a public	29456
official in performing the public official's official function.	29457

(4) The statement is made with purpose to secure a grant	29458
under Chapter 4143. of the Revised Code; the payment of	29459
unemployment compensation; Ohio works first; prevention,	29460
retention, and contingency benefits and services; disability	29461
financial assistance; retirement benefits or health care coverage	29462
from a state retirement system; economic development assistance,	29463
as defined in section 9.66 of the Revised Code; or other benefits	29464
administered by a governmental agency or paid out of a public	29465
treasury.	29466

(5) The statement is made with purpose to secure the issuance	29467
by a governmental agency of a license, permit, authorization,	29468
certificate, registration, release, or provider agreement.	29469

(6) The statement is sworn or affirmed before a notary public	29470
or another person empowered to administer oaths.	29471

(7) The statement is in writing on or in connection with a	29472
report or return that is required or authorized by law.	29473

(8) The statement is in writing and is made with purpose to	29474
induce another to extend credit to or employ the offender, to	29475
confer any degree, diploma, certificate of attainment, award of	29476
excellence, or honor on the offender, or to extend to or bestow	29477
upon the offender any other valuable benefit or distinction, when	29478
the person to whom the statement is directed relies upon it to	29479
that person's detriment.	29480

(9) The statement is made with purpose to commit or	29481
facilitate the commission of a theft offense.	29482

(10) The statement is knowingly made to a probate court in	29483
connection with any action, proceeding, or other matter within its	29484
jurisdiction, either orally or in a written document, including,	29485
but not limited to, an application, petition, complaint, or other	29486
pleading, or an inventory, account, or report.	29487

(11) The statement is made on an account, form, record,	29488
stamp, label, or other writing that is required by law.	29489

(12) The statement is made in connection with the purchase of	29490
a firearm, as defined in section 2923.11 of the Revised Code, and	29491
in conjunction with the furnishing to the seller of the firearm of	29492
a fictitious or altered driver's or commercial driver's license or	29493
permit, a fictitious or altered identification card, or any other	29494
document that contains false information about the purchaser's	29495
identity.	29496

(13) The statement is made in a document or instrument of	29497
writing that purports to be a judgment, lien, or claim of	29498
indebtedness and is filed or recorded with the secretary of state,	29499
a county recorder, or the clerk of a court of record.	29500

(14) The statement is made in an application filed with a	29501
county sheriff pursuant to section 2923.125 of the Revised Code in	29502
order to obtain or renew a concealed handgun license or is made in	29503
an affidavit submitted to a county sheriff to obtain a concealed	29504
handgun license on a temporary emergency basis under section	29505
2923.1213 of the Revised Code.	29506

(15) The statement is required under section 5743.71 of the	29507
Revised Code in connection with the person's purchase of	29508
cigarettes or tobacco products in a delivery sale.	29509

(B) No person, in connection with the purchase of a firearm,	29510
as defined in section 2923.11 of the Revised Code, shall knowingly	29511
furnish to the seller of the firearm a fictitious or altered	29512
driver's or commercial driver's license or permit, a fictitious or	29513
altered identification card, or any other document that contains	29514
false information about the purchaser's identity.	29515

(C) No person, in an attempt to obtain a concealed handgun	29516
license under section 2923.125 of the Revised Code, shall	29517
knowingly present to a sheriff a fictitious or altered document	29518
that purports to be certification of the person's competence in	29519
handling a handgun as described in division (B)(3) of that	29520
section.	29521

(D) It is no defense to a charge under division (A)(6) of	29522
this section that the oath or affirmation was administered or	29523
taken in an irregular manner.	29524

(E) If contradictory statements relating to the same fact are	29525
made by the offender within the period of the statute of	29526
limitations for falsification, it is not necessary for the	29527
prosecution to prove which statement was false but only that one	29528
or the other was false.	29529

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	29530
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	29531
of falsification, a misdemeanor of the first degree.	29532

(2) Whoever violates division (A)(9) of this section is	29533
guilty of falsification in a theft offense. Except as otherwise	29534
provided in this division, falsification in a theft offense is a	29535
misdemeanor of the first degree. If the value of the property or	29536
services stolen is one thousand dollars or more and is less than	29537
seven thousand five hundred dollars, falsification in a theft	29538
offense is a felony of the fifth degree. If the value of the	29539
property or services stolen is seven thousand five hundred dollars	29540
or more and is less than one hundred fifty thousand dollars,	29541
falsification in a theft offense is a felony of the fourth degree.	29542
If the value of the property or services stolen is one hundred	29543
fifty thousand dollars or more, falsification in a theft offense	29544
is a felony of the third degree.	29545

(3) Whoever violates division (A)(12) or (B) of this section	29546
is guilty of falsification to purchase a firearm, a felony of the	29547
fifth degree.	29548

(4) Whoever violates division (A)(14) or (C) of this section	29549
is guilty of falsification to obtain a concealed handgun license,	29550
a felony of the fourth degree.	29551

(G) A person who violates this section is liable in a civil	29552
action to any person harmed by the violation for injury, death, or	29553
loss to person or property incurred as a result of the commission	29554
of the offense and for reasonable attorney's fees, court costs,	29555
and other expenses incurred as a result of prosecuting the civil	29556
action commenced under this division. A civil action under this	29557
division is not the exclusive remedy of a person who incurs	29558
injury, death, or loss to person or property as a result of a	29559
violation of this section.	29560

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	29561
of this section, no person, knowing that a felony has been or is	29562
being committed, shall knowingly fail to report such information	29563
to law enforcement authorities.	29564

(2) No person, knowing that a violation of division (B) of	29565
section 2913.04 of the Revised Code has been, or is being	29566
committed or that the person has received information derived from	29567
such a violation, shall knowingly fail to report the violation to	29568
law enforcement authorities.	29569

(B) Except for conditions that are within the scope of	29570
division (E) of this section, no physician, limited practitioner,	29571
nurse, or other person giving aid to a sick or injured person	29572
shall negligently fail to report to law enforcement authorities	29573
any gunshot or stab wound treated or observed by the physician,	29574
limited practitioner, nurse, or person, or any serious physical	29575
harm to persons that the physician, limited practitioner, nurse,	29576
or person knows or has reasonable cause to believe resulted from	29577
an offense of violence.	29578

(C) No person who discovers the body or acquires the first	29579
knowledge of the death of a person shall fail to report the death	29580
immediately to a physician whom the person knows to be treating	29581
the deceased for a condition from which death at such time would	29582
not be unexpected, or to a law enforcement officer, an ambulance	29583
service, an emergency squad, or the coroner in a political	29584
subdivision in which the body is discovered, the death is believed	29585
to have occurred, or knowledge concerning the death is obtained.	29586

(D) No person shall fail to provide upon request of the	29587
person to whom a report required by division (C) of this section	29588
was made, or to any law enforcement officer who has reasonable	29589
cause to assert the authority to investigate the circumstances	29590
surrounding the death, any facts within the person's knowledge	29591
that may have a bearing on the investigation of the death.	29592

(E)(1) As used in this division, "burn injury" means any of	29593
the following:	29594

(a) Second or third degree burns;

29595

(b) Any burns to the upper respiratory tract or laryngeal	29596
edema due to the inhalation of superheated air;	29597

29598

(d) Any physical harm to persons caused by or as the result	29599
of the use of fireworks, novelties and trick noisemakers, and wire	29600
sparklers, as each is defined by section 3743.01 of the Revised	29601
Code.	29602

(2) No physician, nurse, or limited practitioner who, outside	29603
a hospital, sanitarium, or other medical facility, attends or	29604
treats a person who has sustained a burn injury that is inflicted	29605
by an explosion or other incendiary device or that shows evidence	29606
of having been inflicted in a violent, malicious, or criminal	29607
manner shall fail to report the burn injury immediately to the	29608
local arson, or fire and explosion investigation, bureau, if there	29609
is a bureau of this type in the jurisdiction in which the person	29610
is attended or treated, or otherwise to local law enforcement	29611
authorities.	29612

(3) No manager, superintendent, or other person in charge of	29613
a hospital, sanitarium, or other medical facility in which a	29614
person is attended or treated for any burn injury that is	29615
inflicted by an explosion or other incendiary device or that shows	29616
evidence of having been inflicted in a violent, malicious, or	29617
criminal manner shall fail to report the burn injury immediately	29618
to the local arson, or fire and explosion investigation, bureau,	29619
if there is a bureau of this type in the jurisdiction in which the	29620
person is attended or treated, or otherwise to local law	29621
enforcement authorities.	29622

(4) No person who is required to report any burn injury under	29623
division (E)(2) or (3) of this section shall fail to file, within	29624
three working days after attending or treating the victim, a	29625
written report of the burn injury with the office of the state	29626
fire marshal. The report shall comply with the uniform standard	29627
developed by the state fire marshal pursuant to division (A)(15)	29628
of section 3737.22 of the Revised Code.	29629

(5) Anyone participating in the making of reports under	29630
division (E) of this section or anyone participating in a judicial	29631
proceeding resulting from the reports is immune from any civil or	29632
criminal liability that otherwise might be incurred or imposed as	29633
a result of such actions. Notwithstanding section 4731.22 of the	29634
Revised Code, the physician-patient relationship is not a ground	29635
for excluding evidence regarding a person's burn injury or the	29636
cause of the burn injury in any judicial proceeding resulting from	29637
a report submitted under division (E) of this section.	29638

(F)(1) Any doctor of medicine or osteopathic medicine,	29639
hospital intern or resident, registered or licensed practical	29640
nurse, psychologist, social worker, independent social worker,	29641
social work assistant, professional clinical counselor, or	29642
professional counselor who knows or has reasonable cause to	29643
believe that a patient or client has been the victim of domestic	29644
violence, as defined in section 3113.31 of the Revised Code, shall	29645
note that knowledge or belief and the basis for it in the	29646
patient's or client's records.	29647

(2) Notwithstanding section 4731.22 of the Revised Code, the	29648
doctor-patient privilege shall not be a ground for excluding any	29649
information regarding the report containing the knowledge or	29650
belief noted under division (F)(1) of this section, and the	29651
information may be admitted as evidence in accordance with the	29652
Rules of Evidence.	29653

(G) Divisions (A) and (D) of this section do not require	29654
disclosure of information, when any of the following applies:	29655

(1) The information is privileged by reason of the	29656
relationship between attorney and client; doctor and patient;	29657
licensed psychologist or licensed school psychologist and client;	29658
member of the clergy, rabbi, minister, or priest and any person	29659
communicating information confidentially to the member of the	29660
clergy, rabbi, minister, or priest for a religious counseling	29661
purpose of a professional character; husband and wife; or a	29662
communications assistant and those who are a party to a	29663
telecommunications relay service call.	29664

(2) The information would tend to incriminate a member of the	29665
actor's immediate family.	29666

(3) Disclosure of the information would amount to revealing a	29667
news source, privileged under section 2739.04 or 2739.12 of the	29668
Revised Code.	29669

(4) Disclosure of the information would amount to disclosure	29670
by a member of the ordained clergy of an organized religious body	29671
of a confidential communication made to that member of the clergy	29672
in that member's capacity as a member of the clergy by a person	29673
seeking the aid or counsel of that member of the clergy.	29674

(5) Disclosure would amount to revealing information acquired	29675
by the actor in the course of the actor's duties in connection	29676
with a bona fide program of treatment or services for drug	29677
dependent persons or persons in danger of drug dependence, which	29678
program is maintained or conducted by a hospital, clinic, person,	29679
agency, or ~~organization~~services provider certified pursuant to	29680
section ~~3793.06~~5119.36 of the Revised Code.	29681

(6) Disclosure would amount to revealing information acquired	29682
by the actor in the course of the actor's duties in connection	29683
with a bona fide program for providing counseling services to	29684
victims of crimes that are violations of section 2907.02 or	29685
2907.05 of the Revised Code or to victims of felonious sexual	29686
penetration in violation of former section 2907.12 of the Revised	29687
Code. As used in this division, "counseling services" include	29688
services provided in an informal setting by a person who, by	29689
education or experience, is competent to provide those services.	29690

(H) No disclosure of information pursuant to this section	29691
gives rise to any liability or recrimination for a breach of	29692
privilege or confidence.	29693

(I) Whoever violates division (A) or (B) of this section is	29694
guilty of failure to report a crime. Violation of division (A)(1)	29695
of this section is a misdemeanor of the fourth degree. Violation	29696
of division (A)(2) or (B) of this section is a misdemeanor of the	29697
second degree.	29698

(J) Whoever violates division (C) or (D) of this section is	29699
guilty of failure to report knowledge of a death, a misdemeanor of	29700
the fourth degree.	29701

(K)(1) Whoever negligently violates division (E) of this	29702
section is guilty of a minor misdemeanor.	29703

(2) Whoever knowingly violates division (E) of this section	29704
is guilty of a misdemeanor of the second degree.	29705

Sec. 2921.36. (A) No person shall knowingly convey, or	29706
attempt to convey, onto the grounds of a detention facility or of	29707
an institution, office building, or other place that is under the	29708
control of the department of ~~mental health~~mental health and	29709
addiction services, the department of developmental disabilities,	29710
the department of youth services, or the department of	29711
rehabilitation and correction any of the following items:	29712

(1) Any deadly weapon or dangerous ordnance, as defined in	29713
section 2923.11 of the Revised Code, or any part of or ammunition	29714
for use in such a deadly weapon or dangerous ordnance;	29715

(2) Any drug of abuse, as defined in section 3719.011 of the	29716
Revised Code;	29717

(3) Any intoxicating liquor, as defined in section 4301.01 of	29718
the Revised Code.	29719

(B) Division (A) of this section does not apply to any person	29720
who conveys or attempts to convey an item onto the grounds of a	29721
detention facility or of an institution, office building, or other	29722
place under the control of the department of ~~mental health~~mental	29723
health and addiction services, the department of developmental	29724
disabilities, the department of youth services, or the department	29725
of rehabilitation and correction pursuant to the written	29726
authorization of the person in charge of the detention facility or	29727
the institution, office building, or other place and in accordance	29728
with the written rules of the detention facility or the	29729
institution, office building, or other place.	29730

(C) No person shall knowingly deliver, or attempt to deliver,	29731
to any person who is confined in a detention facility, to a child	29732
confined in a youth services facility, to a prisoner who is	29733
temporarily released from confinement for a work assignment, or to	29734
any patient in an institution under the control of the department	29735
of ~~mental health~~mental health and addiction services or the	29736
department of developmental disabilities any item listed in	29737
division (A)(1), (2), or (3) of this section.	29738

(D) No person shall knowingly deliver, or attempt to deliver,	29739
cash to any person who is confined in a detention facility, to a	29740
child confined in a youth services facility, or to a prisoner who	29741
is temporarily released from confinement for a work assignment.	29742

(E) No person shall knowingly deliver, or attempt to deliver,	29743
to any person who is confined in a detention facility, to a child	29744
confined in a youth services facility, or to a prisoner who is	29745
temporarily released from confinement for a work assignment a	29746
cellular telephone, two-way radio, or other electronic	29747
communications device.	29748

(F)(1) It is an affirmative defense to a charge under	29749
division (A)(1) of this section that the weapon or dangerous	29750
ordnance in question was being transported in a motor vehicle for	29751
any lawful purpose, that it was not on the actor's person, and, if	29752
the weapon or dangerous ordnance in question was a firearm, that	29753
it was unloaded and was being carried in a closed package, box, or	29754
case or in a compartment that can be reached only by leaving the	29755
vehicle.	29756

(2) It is an affirmative defense to a charge under division	29757
(C) of this section that the actor was not otherwise prohibited by	29758
law from delivering the item to the confined person, the child,	29759
the prisoner, or the patient and that either of the following	29760
applies:	29761

(a) The actor was permitted by the written rules of the	29762
detention facility or the institution, office building, or other	29763
place to deliver the item to the confined person or the patient.	29764

(b) The actor was given written authorization by the person	29765
in charge of the detention facility or the institution, office	29766
building, or other place to deliver the item to the confined	29767
person or the patient.	29768

(G)(1) Whoever violates division (A)(1) of this section or	29769
commits a violation of division (C) of this section involving an	29770
item listed in division (A)(1) of this section is guilty of	29771
illegal conveyance of weapons onto the grounds of a specified	29772
governmental facility, a felony of the third degree. If the	29773
offender is an officer or employee of the department of	29774
rehabilitation and correction, the court shall impose a mandatory	29775
prison term.	29776

(2) Whoever violates division (A)(2) of this section or	29777
commits a violation of division (C) of this section involving any	29778
drug of abuse is guilty of illegal conveyance of drugs of abuse	29779
onto the grounds of a specified governmental facility, a felony of	29780
the third degree. If the offender is an officer or employee of the	29781
department of rehabilitation and correction or of the department	29782
of youth services, the court shall impose a mandatory prison term.	29783

(3) Whoever violates division (A)(3) of this section or	29784
commits a violation of division (C) of this section involving any	29785
intoxicating liquor is guilty of illegal conveyance of	29786
intoxicating liquor onto the grounds of a specified governmental	29787
facility, a misdemeanor of the second degree.	29788

(4) Whoever violates division (D) of this section is guilty	29789
of illegal conveyance of cash onto the grounds of a detention	29790
facility, a misdemeanor of the first degree. If the offender	29791
previously has been convicted of or pleaded guilty to a violation	29792
of division (D) of this section, illegal conveyance of cash onto	29793
the grounds of a detention facility is a felony of the fifth	29794
degree.	29795

(5) Whoever violates division (E) of this section is guilty	29796
of illegal conveyance of a communications device onto the grounds	29797
of a specified governmental facility, a misdemeanor of the first	29798
degree, or if the offender previously has been convicted of or	29799
pleaded guilty to a violation of division (E) of this section, a	29800
felony of the fifth degree.	29801

Sec. 2921.38. (A) No person who is confined in a detention	29802
facility, with intent to harass, annoy, threaten, or alarm another	29803
person, shall cause or attempt to cause the other person to come	29804
into contact with blood, semen, urine, feces, or another bodily	29805
substance by throwing the bodily substance at the other person, by	29806
expelling the bodily substance upon the other person, or in any	29807
other manner.	29808

(B) No person, with intent to harass, annoy, threaten, or	29809
alarm a law enforcement officer, shall cause or attempt to cause	29810
the law enforcement officer to come into contact with blood,	29811
semen, urine, feces, or another bodily substance by throwing the	29812
bodily substance at the law enforcement officer, by expelling the	29813
bodily substance upon the law enforcement officer, or in any other	29814
manner.	29815

(C) No person, with knowledge that the person is a carrier of	29816
the virus that causes acquired immunodeficiency syndrome, is a	29817
carrier of a hepatitis virus, or is infected with tuberculosis and	29818
with intent to harass, annoy, threaten, or alarm another person,	29819
shall cause or attempt to cause the other person to come into	29820
contact with blood, semen, urine, feces, or another bodily	29821
substance by throwing the bodily substance at the other person, by	29822
expelling the bodily substance upon the other person, or in any	29823
other manner.	29824

(D) Whoever violates this section is guilty of harassment	29825
with a bodily substance. A violation of division (A) or (B) of	29826
this section is a felony of the fifth degree. A violation of	29827
division (C) of this section is a felony of the third degree.	29828

(E)(1) The court, on request of the prosecutor, or the law	29829
enforcement authority responsible for the investigation of the	29830
violation, shall cause a person who allegedly has committed a	29831
violation of this section to submit to one or more appropriate	29832
tests to determine if the person is a carrier of the virus that	29833
causes acquired immunodeficiency syndrome, is a carrier of a	29834
hepatitis virus, or is infected with tuberculosis.	29835

(2) The court shall charge the offender with the costs of the	29836
test or tests ordered under division (E)(1) of this section unless	29837
the court determines that the accused is unable to pay, in which	29838
case the costs shall be charged to the entity that operates the	29839
detention facility in which the alleged offense occurred.	29840

(F) This section does not apply to a person who is	29841
hospitalized, institutionalized, or confined in a facility	29842
operated by the department of ~~mental health~~mental health and	29843
addiction services or the department of developmental	29844
disabilities.	29845

Sec. 2923.126. (A) A concealed handgun license that is	29846
issued under section 2923.125 of the Revised Code shall expire	29847
five years after the date of issuance. A licensee who has been	29848
issued a license under that section shall be granted a grace	29849
period of thirty days after the licensee's license expires during	29850
which the licensee's license remains valid. Except as provided in	29851
divisions (B) and (C) of this section, a licensee who has been	29852
issued a concealed handgun license under section 2923.125 or	29853
2923.1213 of the Revised Code may carry a concealed handgun	29854
anywhere in this state if the licensee also carries a valid	29855
license and valid identification when the licensee is in actual	29856
possession of a concealed handgun. The licensee shall give notice	29857
of any change in the licensee's residence address to the sheriff	29858
who issued the license within forty-five days after that change.	29859

If a licensee is the driver or an occupant of a motor vehicle	29860
that is stopped as the result of a traffic stop or a stop for	29861
another law enforcement purpose and if the licensee is	29862
transporting or has a loaded handgun in the motor vehicle at that	29863
time, the licensee shall promptly inform any law enforcement	29864
officer who approaches the vehicle while stopped that the licensee	29865
has been issued a concealed handgun license and that the licensee	29866
currently possesses or has a loaded handgun; the licensee shall	29867
not knowingly disregard or fail to comply with lawful orders of a	29868
law enforcement officer given while the motor vehicle is stopped,	29869
knowingly fail to remain in the motor vehicle while stopped, or	29870
knowingly fail to keep the licensee's hands in plain sight after	29871
any law enforcement officer begins approaching the licensee while	29872
stopped and before the officer leaves, unless directed otherwise	29873
by a law enforcement officer; and the licensee shall not knowingly	29874
have contact with the loaded handgun by touching it with the	29875
licensee's hands or fingers, in any manner in violation of	29876
division (E) of section 2923.16 of the Revised Code, after any law	29877
enforcement officer begins approaching the licensee while stopped	29878
and before the officer leaves. Additionally, if a licensee is the	29879
driver or an occupant of a commercial motor vehicle that is	29880
stopped by an employee of the motor carrier enforcement unit for	29881
the purposes defined in section 5503.04 of the Revised Code and if	29882
the licensee is transporting or has a loaded handgun in the	29883
commercial motor vehicle at that time, the licensee shall promptly	29884
inform the employee of the unit who approaches the vehicle while	29885
stopped that the licensee has been issued a concealed handgun	29886
license and that the licensee currently possesses or has a loaded	29887
handgun.	29888

If a licensee is stopped for a law enforcement purpose and if	29889
the licensee is carrying a concealed handgun at the time the	29890
officer approaches, the licensee shall promptly inform any law	29891
enforcement officer who approaches the licensee while stopped that	29892
the licensee has been issued a concealed handgun license and that	29893
the licensee currently is carrying a concealed handgun; the	29894
licensee shall not knowingly disregard or fail to comply with	29895
lawful orders of a law enforcement officer given while the	29896
licensee is stopped or knowingly fail to keep the licensee's hands	29897
in plain sight after any law enforcement officer begins	29898
approaching the licensee while stopped and before the officer	29899
leaves, unless directed otherwise by a law enforcement officer;	29900
and the licensee shall not knowingly remove, attempt to remove,	29901
grasp, or hold the loaded handgun or knowingly have contact with	29902
the loaded handgun by touching it with the licensee's hands or	29903
fingers, in any manner in violation of division (B) of section	29904
2923.12 of the Revised Code, after any law enforcement officer	29905
begins approaching the licensee while stopped and before the	29906
officer leaves.	29907

(B) A valid concealed handgun license does not authorize the	29908
licensee to carry a concealed handgun in any manner prohibited	29909
under division (B) of section 2923.12 of the Revised Code or in	29910
any manner prohibited under section 2923.16 of the Revised Code. A	29911
valid license does not authorize the licensee to carry a concealed	29912
handgun into any of the following places:	29913

(1) A police station, sheriff's office, or state highway	29914
patrol station, premises controlled by the bureau of criminal	29915
identification and investigation, a state correctional	29916
institution, jail, workhouse, or other detention facility, an	29917
airport passenger terminal, or an institution that is maintained,	29918
operated, managed, and governed pursuant to division (A) of	29919
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	29920
section 5123.03 of the Revised Code;	29921

(2) A school safety zone if the licensee's carrying the	29922
concealed handgun is in violation of section 2923.122 of the	29923
Revised Code;	29924

(3) A courthouse or another building or structure in which a	29925
courtroom is located, in violation of section 2923.123 of the	29926
Revised Code;	29927

(4) Any premises or open air arena for which a D permit has	29928
been issued under Chapter 4303. of the Revised Code if the	29929
licensee's carrying the concealed handgun is in violation of	29930
section 2923.121 of the Revised Code;	29931

(5) Any premises owned or leased by any public or private	29932
college, university, or other institution of higher education,	29933
unless the handgun is in a locked motor vehicle or the licensee is	29934
in the immediate process of placing the handgun in a locked motor	29935
vehicle;	29936

(6) Any church, synagogue, mosque, or other place of worship,	29937
unless the church, synagogue, mosque, or other place of worship	29938
posts or permits otherwise;	29939

(7) A child day-care center, a type A family day-care home, a	29940
type B family day-care home, or a type C family day-care home,	29941
except that this division does not prohibit a licensee who resides	29942
in a type A family day-care home, a type B family day-care home,	29943
or a type C family day-care home from carrying a concealed handgun	29944
at any time in any part of the home that is not dedicated or used	29945
for day-care purposes, or from carrying a concealed handgun in a	29946
part of the home that is dedicated or used for day-care purposes	29947
at any time during which no children, other than children of that	29948
licensee, are in the home;	29949

(8) An aircraft that is in, or intended for operation in,	29950
foreign air transportation, interstate air transportation,	29951
intrastate air transportation, or the transportation of mail by	29952
aircraft;	29953

(9) Any building that is a government facility of this state	29954
or a political subdivision of this state and that is not a	29955
building that is used primarily as a shelter, restroom, parking	29956
facility for motor vehicles, or rest facility and is not a	29957
courthouse or other building or structure in which a courtroom is	29958
located that is subject to division (B)(3) of this section;	29959

(10) A place in which federal law prohibits the carrying of	29960
handguns.	29961

(C)(1) Nothing in this section shall negate or restrict a	29962
rule, policy, or practice of a private employer that is not a	29963
private college, university, or other institution of higher	29964
education concerning or prohibiting the presence of firearms on	29965
the private employer's premises or property, including motor	29966
vehicles owned by the private employer. Nothing in this section	29967
shall require a private employer of that nature to adopt a rule,	29968
policy, or practice concerning or prohibiting the presence of	29969
firearms on the private employer's premises or property, including	29970
motor vehicles owned by the private employer.	29971

(2)(a) A private employer shall be immune from liability in a	29972
civil action for any injury, death, or loss to person or property	29973
that allegedly was caused by or related to a licensee bringing a	29974
handgun onto the premises or property of the private employer,	29975
including motor vehicles owned by the private employer, unless the	29976
private employer acted with malicious purpose. A private employer	29977
is immune from liability in a civil action for any injury, death,	29978
or loss to person or property that allegedly was caused by or	29979
related to the private employer's decision to permit a licensee to	29980
bring, or prohibit a licensee from bringing, a handgun onto the	29981
premises or property of the private employer. As used in this	29982
division, "private employer" includes a private college,	29983
university, or other institution of higher education.	29984

(b) A political subdivision shall be immune from liability in	29985
a civil action, to the extent and in the manner provided in	29986
Chapter 2744. of the Revised Code, for any injury, death, or loss	29987
to person or property that allegedly was caused by or related to a	29988
licensee bringing a handgun onto any premises or property owned,	29989
leased, or otherwise under the control of the political	29990
subdivision. As used in this division, "political subdivision" has	29991
the same meaning as in section 2744.01 of the Revised Code.	29992

(3)(a) Except as provided in division (C)(3)(b) of this	29993
section, the owner or person in control of private land or	29994
premises, and a private person or entity leasing land or premises	29995
owned by the state, the United States, or a political subdivision	29996
of the state or the United States, may post a sign in a	29997
conspicuous location on that land or on those premises prohibiting	29998
persons from carrying firearms or concealed firearms on or onto	29999
that land or those premises. Except as otherwise provided in this	30000
division, a person who knowingly violates a posted prohibition of	30001
that nature is guilty of criminal trespass in violation of	30002
division (A)(4) of section 2911.21 of the Revised Code and is	30003
guilty of a misdemeanor of the fourth degree. If a person	30004
knowingly violates a posted prohibition of that nature and the	30005
posted land or premises primarily was a parking lot or other	30006
parking facility, the person is not guilty of criminal trespass in	30007
violation of division (A)(4) of section 2911.21 of the Revised	30008
Code and instead is subject only to a civil cause of action for	30009
trespass based on the violation.	30010

(b) A landlord may not prohibit or restrict a tenant who is a	30011
licensee and who on or after September 9, 2008, enters into a	30012
rental agreement with the landlord for the use of residential	30013
premises, and the tenant's guest while the tenant is present, from	30014
lawfully carrying or possessing a handgun on those residential	30015
premises.	30016

30017

(i) "Residential premises" has the same meaning as in section	30018
5321.01 of the Revised Code, except "residential premises" does	30019
not include a dwelling unit that is owned or operated by a college	30020
or university.	30021

(ii) "Landlord," "tenant," and "rental agreement" have the	30022
same meanings as in section 5321.01 of the Revised Code.	30023

(D) A person who holds a concealed handgun license issued by	30024
another state that is recognized by the attorney general pursuant	30025
to a reciprocity agreement entered into pursuant to section 109.69	30026
of the Revised Code has the same right to carry a concealed	30027
handgun in this state as a person who was issued a concealed	30028
handgun license under section 2923.125 of the Revised Code and is	30029
subject to the same restrictions that apply to a person who	30030
carries a license issued under that section.	30031

(E) A peace officer has the same right to carry a concealed	30032
handgun in this state as a person who was issued a concealed	30033
handgun license under section 2923.125 of the Revised Code. For	30034
purposes of reciprocity with other states, a peace officer shall	30035
be considered to be a licensee in this state.	30036

(F)(1) A qualified retired peace officer who possesses a	30037
retired peace officer identification card issued pursuant to	30038
division (F)(2) of this section and a valid firearms	30039
requalification certification issued pursuant to division (F)(3)	30040
of this section has the same right to carry a concealed handgun in	30041
this state as a person who was issued a concealed handgun license	30042
under section 2923.125 of the Revised Code and is subject to the	30043
same restrictions that apply to a person who carries a license	30044
issued under that section. For purposes of reciprocity with other	30045
states, a qualified retired peace officer who possesses a retired	30046
peace officer identification card issued pursuant to division	30047
(F)(2) of this section and a valid firearms requalification	30048
certification issued pursuant to division (F)(3) of this section	30049
shall be considered to be a licensee in this state.	30050

(2)(a) Each public agency of this state or of a political	30051
subdivision of this state that is served by one or more peace	30052
officers shall issue a retired peace officer identification card	30053
to any person who retired from service as a peace officer with	30054
that agency, if the issuance is in accordance with the agency's	30055
policies and procedures and if the person, with respect to the	30056
person's service with that agency, satisfies all of the following:	30057

(i) The person retired in good standing from service as a	30058
peace officer with the public agency, and the retirement was not	30059
for reasons of mental instability.	30060

(ii) Before retiring from service as a peace officer with	30061
that agency, the person was authorized to engage in or supervise	30062
the prevention, detection, investigation, or prosecution of, or	30063
the incarceration of any person for, any violation of law and the	30064
person had statutory powers of arrest.	30065

(iii) At the time of the person's retirement as a peace	30066
officer with that agency, the person was trained and qualified to	30067
carry firearms in the performance of the peace officer's duties.	30068

(iv) Before retiring from service as a peace officer with	30069
that agency, the person was regularly employed as a peace officer	30070
for an aggregate of fifteen years or more, or, in the alternative,	30071
the person retired from service as a peace officer with that	30072
agency, after completing any applicable probationary period of	30073
that service, due to a service-connected disability, as determined	30074
by the agency.	30075

(b) A retired peace officer identification card issued to a	30076
person under division (F)(2)(a) of this section shall identify the	30077
person by name, contain a photograph of the person, identify the	30078
public agency of this state or of the political subdivision of	30079
this state from which the person retired as a peace officer and	30080
that is issuing the identification card, and specify that the	30081
person retired in good standing from service as a peace officer	30082
with the issuing public agency and satisfies the criteria set	30083
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	30084
addition to the required content specified in this division, a	30085
retired peace officer identification card issued to a person under	30086
division (F)(2)(a) of this section may include the firearms	30087
requalification certification described in division (F)(3) of this	30088
section, and if the identification card includes that	30089
certification, the identification card shall serve as the firearms	30090
requalification certification for the retired peace officer. If	30091
the issuing public agency issues credentials to active law	30092
enforcement officers who serve the agency, the agency may comply	30093
with division (F)(2)(a) of this section by issuing the same	30094
credentials to persons who retired from service as a peace officer	30095
with the agency and who satisfy the criteria set forth in	30096
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	30097
credentials so issued to retired peace officers are stamped with	30098
the word "RETIRED."	30099

(c) A public agency of this state or of a political	30100
subdivision of this state may charge persons who retired from	30101
service as a peace officer with the agency a reasonable fee for	30102
issuing to the person a retired peace officer identification card	30103
pursuant to division (F)(2)(a) of this section.	30104

(3) If a person retired from service as a peace officer with	30105
a public agency of this state or of a political subdivision of	30106
this state and the person satisfies the criteria set forth in	30107
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	30108
may provide the retired peace officer with the opportunity to	30109
attend a firearms requalification program that is approved for	30110
purposes of firearms requalification required under section	30111
109.801 of the Revised Code. The retired peace officer may be	30112
required to pay the cost of the course.	30113

If a retired peace officer who satisfies the criteria set	30114
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	30115
firearms requalification program that is approved for purposes of	30116
firearms requalification required under section 109.801 of the	30117
Revised Code, the retired peace officer's successful completion of	30118
the firearms requalification program requalifies the retired peace	30119
officer for purposes of division (F) of this section for five	30120
years from the date on which the program was successfully	30121
completed, and the requalification is valid during that five-year	30122
period. If a retired peace officer who satisfies the criteria set	30123
forth in divisions (F)(2)(a)(i) to (iv) of this section	30124
satisfactorily completes such a firearms requalification program,	30125
the retired peace officer shall be issued a firearms	30126
requalification certification that identifies the retired peace	30127
officer by name, identifies the entity that taught the program,	30128
specifies that the retired peace officer successfully completed	30129
the program, specifies the date on which the course was	30130
successfully completed, and specifies that the requalification is	30131
valid for five years from that date of successful completion. The	30132
firearms requalification certification for a retired peace officer	30133
may be included in the retired peace officer identification card	30134
issued to the retired peace officer under division (F)(2) of this	30135
section.	30136

A retired peace officer who attends a firearms	30137
requalification program that is approved for purposes of firearms	30138
requalification required under section 109.801 of the Revised Code	30139
may be required to pay the cost of the program.	30140

(G) As used in this section:

30141

(1) "Qualified retired peace officer" means a person who	30142
satisfies all of the following:	30143

(a) The person satisfies the criteria set forth in divisions	30144
(F)(2)(a)(i) to (v) of this section.	30145

(b) The person is not under the influence of alcohol or	30146
another intoxicating or hallucinatory drug or substance.	30147

(c) The person is not prohibited by federal law from	30148
receiving firearms.	30149

(2) "Retired peace officer identification card" means an	30150
identification card that is issued pursuant to division (F)(2) of	30151
this section to a person who is a retired peace officer.	30152

(3) "Government facility of this state or a political	30153
subdivision of this state" means any of the following:	30154

(a) A building or part of a building that is owned or leased	30155
by the government of this state or a political subdivision of this	30156
state and where employees of the government of this state or the	30157
political subdivision regularly are present for the purpose of	30158
performing their official duties as employees of the state or	30159
political subdivision;	30160

(b) The office of a deputy registrar serving pursuant to	30161
Chapter 4503. of the Revised Code that is used to perform deputy	30162
registrar functions.	30163

Sec. 2925.03. (A) No person shall knowingly do any of the	30164
following:	30165

(1) Sell or offer to sell a controlled substance or a	30166
controlled substance analog;	30167

(2) Prepare for shipment, ship, transport, deliver, prepare	30168
for distribution, or distribute a controlled substance or a	30169
controlled substance analog, when the offender knows or has	30170
reasonable cause to believe that the controlled substance or a	30171
controlled substance analog is intended for sale or resale by the	30172
offender or another person.	30173

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

30174

(1) Manufacturers, licensed health professionals authorized	30175
to prescribe drugs, pharmacists, owners of pharmacies, and other	30176
persons whose conduct is in accordance with Chapters 3719., 4715.,	30177
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	30178

(2) If the offense involves an anabolic steroid, any person	30179
who is conducting or participating in a research project involving	30180
the use of an anabolic steroid if the project has been approved by	30181
the United States food and drug administration;	30182

(3) Any person who sells, offers for sale, prescribes,	30183
dispenses, or administers for livestock or other nonhuman species	30184
an anabolic steroid that is expressly intended for administration	30185
through implants to livestock or other nonhuman species and	30186
approved for that purpose under the "Federal Food, Drug, and	30187
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	30188
and is sold, offered for sale, prescribed, dispensed, or	30189
administered for that purpose in accordance with that act.	30190

(C) Whoever violates division (A) of this section is guilty	30191
of one of the following:	30192

(1) If the drug involved in the violation is any compound,	30193
mixture, preparation, or substance included in schedule I or	30194
schedule II, with the exception of marihuana, cocaine, L.S.D.,	30195
heroin, hashish, and controlled substance analogs, whoever	30196
violates division (A) of this section is guilty of aggravated	30197
trafficking in drugs. The penalty for the offense shall be	30198
determined as follows:	30199

(a) Except as otherwise provided in division (C)(1)(b), (c),	30200
(d), (e), or (f) of this section, aggravated trafficking in drugs	30201
is a felony of the fourth degree, and division (C) of section	30202
2929.13 of the Revised Code applies in determining whether to	30203
impose a prison term on the offender.	30204

(b) Except as otherwise provided in division (C)(1)(c), (d),	30205
(e), or (f) of this section, if the offense was committed in the	30206
vicinity of a school or in the vicinity of a juvenile, aggravated	30207
trafficking in drugs is a felony of the third degree, and division	30208
(C) of section 2929.13 of the Revised Code applies in determining	30209
whether to impose a prison term on the offender.	30210

(c) Except as otherwise provided in this division, if the	30211
amount of the drug involved equals or exceeds the bulk amount but	30212
is less than five times the bulk amount, aggravated trafficking in	30213
drugs is a felony of the third degree, and, except as otherwise	30214
provided in this division, there is a presumption for a prison	30215
term for the offense. If aggravated trafficking in drugs is a	30216
felony of the third degree under this division and if the offender	30217
two or more times previously has been convicted of or pleaded	30218
guilty to a felony drug abuse offense, the court shall impose as a	30219
mandatory prison term one of the prison terms prescribed for a	30220
felony of the third degree. If the amount of the drug involved is	30221
within that range and if the offense was committed in the vicinity	30222
of a school or in the vicinity of a juvenile, aggravated	30223
trafficking in drugs is a felony of the second degree, and the	30224
court shall impose as a mandatory prison term one of the prison	30225
terms prescribed for a felony of the second degree.	30226

(d) Except as otherwise provided in this division, if the	30227
amount of the drug involved equals or exceeds five times the bulk	30228
amount but is less than fifty times the bulk amount, aggravated	30229
trafficking in drugs is a felony of the second degree, and the	30230
court shall impose as a mandatory prison term one of the prison	30231
terms prescribed for a felony of the second degree. If the amount	30232
of the drug involved is within that range and if the offense was	30233
committed in the vicinity of a school or in the vicinity of a	30234
juvenile, aggravated trafficking in drugs is a felony of the first	30235
degree, and the court shall impose as a mandatory prison term one	30236
of the prison terms prescribed for a felony of the first degree.	30237

(e) If the amount of the drug involved equals or exceeds	30238
fifty times the bulk amount but is less than one hundred times the	30239
bulk amount and regardless of whether the offense was committed in	30240
the vicinity of a school or in the vicinity of a juvenile,	30241
aggravated trafficking in drugs is a felony of the first degree,	30242
and the court shall impose as a mandatory prison term one of the	30243
prison terms prescribed for a felony of the first degree.	30244

(f) If the amount of the drug involved equals or exceeds one	30245
hundred times the bulk amount and regardless of whether the	30246
offense was committed in the vicinity of a school or in the	30247
vicinity of a juvenile, aggravated trafficking in drugs is a	30248
felony of the first degree, the offender is a major drug offender,	30249
and the court shall impose as a mandatory prison term the maximum	30250
prison term prescribed for a felony of the first degree.	30251

(2) If the drug involved in the violation is any compound,	30252
mixture, preparation, or substance included in schedule III, IV,	30253
or V, whoever violates division (A) of this section is guilty of	30254
trafficking in drugs. The penalty for the offense shall be	30255
determined as follows:	30256

(a) Except as otherwise provided in division (C)(2)(b), (c),	30257
(d), or (e) of this section, trafficking in drugs is a felony of	30258
the fifth degree, and division (B) of section 2929.13 of the	30259
Revised Code applies in determining whether to impose a prison	30260
term on the offender.	30261

(b) Except as otherwise provided in division (C)(2)(c), (d),	30262
or (e) of this section, if the offense was committed in the	30263
vicinity of a school or in the vicinity of a juvenile, trafficking	30264
in drugs is a felony of the fourth degree, and division (C) of	30265
section 2929.13 of the Revised Code applies in determining whether	30266
to impose a prison term on the offender.	30267

(c) Except as otherwise provided in this division, if the	30268
amount of the drug involved equals or exceeds the bulk amount but	30269
is less than five times the bulk amount, trafficking in drugs is a	30270
felony of the fourth degree, and division (B) of section 2929.13	30271
of the Revised Code applies in determining whether to impose a	30272
prison term for the offense. If the amount of the drug involved is	30273
within that range and if the offense was committed in the vicinity	30274
of a school or in the vicinity of a juvenile, trafficking in drugs	30275
is a felony of the third degree, and there is a presumption for a	30276
prison term for the offense.	30277

(d) Except as otherwise provided in this division, if the	30278
amount of the drug involved equals or exceeds five times the bulk	30279
amount but is less than fifty times the bulk amount, trafficking	30280
in drugs is a felony of the third degree, and there is a	30281
presumption for a prison term for the offense. If the amount of	30282
the drug involved is within that range and if the offense was	30283
committed in the vicinity of a school or in the vicinity of a	30284
juvenile, trafficking in drugs is a felony of the second degree,	30285
and there is a presumption for a prison term for the offense.	30286

(e) Except as otherwise provided in this division, if the	30287
amount of the drug involved equals or exceeds fifty times the bulk	30288
amount, trafficking in drugs is a felony of the second degree, and	30289
the court shall impose as a mandatory prison term one of the	30290
prison terms prescribed for a felony of the second degree. If the	30291
amount of the drug involved equals or exceeds fifty times the bulk	30292
amount and if the offense was committed in the vicinity of a	30293
school or in the vicinity of a juvenile, trafficking in drugs is a	30294
felony of the first degree, and the court shall impose as a	30295
mandatory prison term one of the prison terms prescribed for a	30296
felony of the first degree.	30297

(3) If the drug involved in the violation is marihuana or a	30298
compound, mixture, preparation, or substance containing marihuana	30299
other than hashish, whoever violates division (A) of this section	30300
is guilty of trafficking in marihuana. The penalty for the offense	30301
shall be determined as follows:	30302

(a) Except as otherwise provided in division (C)(3)(b), (c),	30303
(d), (e), (f), (g), or (h) of this section, trafficking in	30304
marihuana is a felony of the fifth degree, and division (B) of	30305
section 2929.13 of the Revised Code applies in determining whether	30306
to impose a prison term on the offender.	30307

(b) Except as otherwise provided in division (C)(3)(c), (d),	30308
(e), (f), (g), or (h) of this section, if the offense was	30309
committed in the vicinity of a school or in the vicinity of a	30310
juvenile, trafficking in marihuana is a felony of the fourth	30311
degree, and division (B) of section 2929.13 of the Revised Code	30312
applies in determining whether to impose a prison term on the	30313
offender.	30314

(c) Except as otherwise provided in this division, if the	30315
amount of the drug involved equals or exceeds two hundred grams	30316
but is less than one thousand grams, trafficking in marihuana is a	30317
felony of the fourth degree, and division (B) of section 2929.13	30318
of the Revised Code applies in determining whether to impose a	30319
prison term on the offender. If the amount of the drug involved is	30320
within that range and if the offense was committed in the vicinity	30321
of a school or in the vicinity of a juvenile, trafficking in	30322
marihuana is a felony of the third degree, and division (C) of	30323
section 2929.13 of the Revised Code applies in determining whether	30324
to impose a prison term on the offender.	30325

(d) Except as otherwise provided in this division, if the	30326
amount of the drug involved equals or exceeds one thousand grams	30327
but is less than five thousand grams, trafficking in marihuana is	30328
a felony of the third degree, and division (C) of section 2929.13	30329
of the Revised Code applies in determining whether to impose a	30330
prison term on the offender. If the amount of the drug involved is	30331
within that range and if the offense was committed in the vicinity	30332
of a school or in the vicinity of a juvenile, trafficking in	30333
marihuana is a felony of the second degree, and there is a	30334
presumption that a prison term shall be imposed for the offense.	30335

(e) Except as otherwise provided in this division, if the	30336
amount of the drug involved equals or exceeds five thousand grams	30337
but is less than twenty thousand grams, trafficking in marihuana	30338
is a felony of the third degree, and there is a presumption that a	30339
prison term shall be imposed for the offense. If the amount of the	30340
drug involved is within that range and if the offense was	30341
committed in the vicinity of a school or in the vicinity of a	30342
juvenile, trafficking in marihuana is a felony of the second	30343
degree, and there is a presumption that a prison term shall be	30344
imposed for the offense.	30345

(f) Except as otherwise provided in this division, if the	30346
amount of the drug involved equals or exceeds twenty thousand	30347
grams but is less than forty thousand grams, trafficking in	30348
marihuana is a felony of the second degree, and the court shall	30349
impose a mandatory prison term of five, six, seven, or eight	30350
years. If the amount of the drug involved is within that range and	30351
if the offense was committed in the vicinity of a school or in the	30352
vicinity of a juvenile, trafficking in marihuana is a felony of	30353
the first degree, and the court shall impose as a mandatory prison	30354
term the maximum prison term prescribed for a felony of the first	30355
degree.	30356

(g) Except as otherwise provided in this division, if the	30357
amount of the drug involved equals or exceeds forty thousand	30358
grams, trafficking in marihuana is a felony of the second degree,	30359
and the court shall impose as a mandatory prison term the maximum	30360
prison term prescribed for a felony of the second degree. If the	30361
amount of the drug involved equals or exceeds forty thousand grams	30362
and if the offense was committed in the vicinity of a school or in	30363
the vicinity of a juvenile, trafficking in marihuana is a felony	30364
of the first degree, and the court shall impose as a mandatory	30365
prison term the maximum prison term prescribed for a felony of the	30366
first degree.	30367

(h) Except as otherwise provided in this division, if the	30368
offense involves a gift of twenty grams or less of marihuana,	30369
trafficking in marihuana is a minor misdemeanor upon a first	30370
offense and a misdemeanor of the third degree upon a subsequent	30371
offense. If the offense involves a gift of twenty grams or less of	30372
marihuana and if the offense was committed in the vicinity of a	30373
school or in the vicinity of a juvenile, trafficking in marihuana	30374
is a misdemeanor of the third degree.	30375

(4) If the drug involved in the violation is cocaine or a	30376
compound, mixture, preparation, or substance containing cocaine,	30377
whoever violates division (A) of this section is guilty of	30378
trafficking in cocaine. The penalty for the offense shall be	30379
determined as follows:	30380

(a) Except as otherwise provided in division (C)(4)(b), (c),	30381
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	30382
felony of the fifth degree, and division (B) of section 2929.13 of	30383
the Revised Code applies in determining whether to impose a prison	30384
term on the offender.	30385

(b) Except as otherwise provided in division (C)(4)(c), (d),	30386
(e), (f), or (g) of this section, if the offense was committed in	30387
the vicinity of a school or in the vicinity of a juvenile,	30388
trafficking in cocaine is a felony of the fourth degree, and	30389
division (C) of section 2929.13 of the Revised Code applies in	30390
determining whether to impose a prison term on the offender.	30391

(c) Except as otherwise provided in this division, if the	30392
amount of the drug involved equals or exceeds five grams but is	30393
less than ten grams of cocaine, trafficking in cocaine is a felony	30394
of the fourth degree, and division (B) of section 2929.13 of the	30395
Revised Code applies in determining whether to impose a prison	30396
term for the offense. If the amount of the drug involved is within	30397
that range and if the offense was committed in the vicinity of a	30398
school or in the vicinity of a juvenile, trafficking in cocaine is	30399
a felony of the third degree, and there is a presumption for a	30400
prison term for the offense.	30401

(d) Except as otherwise provided in this division, if the	30402
amount of the drug involved equals or exceeds ten grams but is	30403
less than twenty grams of cocaine, trafficking in cocaine is a	30404
felony of the third degree, and, except as otherwise provided in	30405
this division, there is a presumption for a prison term for the	30406
offense. If trafficking in cocaine is a felony of the third degree	30407
under this division and if the offender two or more times	30408
previously has been convicted of or pleaded guilty to a felony	30409
drug abuse offense, the court shall impose as a mandatory prison	30410
term one of the prison terms prescribed for a felony of the third	30411
degree. If the amount of the drug involved is within that range	30412
and if the offense was committed in the vicinity of a school or in	30413
the vicinity of a juvenile, trafficking in cocaine is a felony of	30414
the second degree, and the court shall impose as a mandatory	30415
prison term one of the prison terms prescribed for a felony of the	30416
second degree.	30417

(e) Except as otherwise provided in this division, if the	30418
amount of the drug involved equals or exceeds twenty grams but is	30419
less than twenty-seven grams of cocaine, trafficking in cocaine is	30420
a felony of the second degree, and the court shall impose as a	30421
mandatory prison term one of the prison terms prescribed for a	30422
felony of the second degree. If the amount of the drug involved is	30423
within that range and if the offense was committed in the vicinity	30424
of a school or in the vicinity of a juvenile, trafficking in	30425
cocaine is a felony of the first degree, and the court shall	30426
impose as a mandatory prison term one of the prison terms	30427
prescribed for a felony of the first degree.	30428

(f) If the amount of the drug involved equals or exceeds	30429
twenty-seven grams but is less than one hundred grams of cocaine	30430
and regardless of whether the offense was committed in the	30431
vicinity of a school or in the vicinity of a juvenile, trafficking	30432
in cocaine is a felony of the first degree, and the court shall	30433
impose as a mandatory prison term one of the prison terms	30434
prescribed for a felony of the first degree.	30435

(g) If the amount of the drug involved equals or exceeds one	30436
hundred grams of cocaine and regardless of whether the offense was	30437
committed in the vicinity of a school or in the vicinity of a	30438
juvenile, trafficking in cocaine is a felony of the first degree,	30439
the offender is a major drug offender, and the court shall impose	30440
as a mandatory prison term the maximum prison term prescribed for	30441
a felony of the first degree.	30442

(5) If the drug involved in the violation is L.S.D. or a	30443
compound, mixture, preparation, or substance containing L.S.D.,	30444
whoever violates division (A) of this section is guilty of	30445
trafficking in L.S.D. The penalty for the offense shall be	30446
determined as follows:	30447

(a) Except as otherwise provided in division (C)(5)(b), (c),	30448
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	30449
felony of the fifth degree, and division (B) of section 2929.13 of	30450
the Revised Code applies in determining whether to impose a prison	30451
term on the offender.	30452

(b) Except as otherwise provided in division (C)(5)(c), (d),	30453
(e), (f), or (g) of this section, if the offense was committed in	30454
the vicinity of a school or in the vicinity of a juvenile,	30455
trafficking in L.S.D. is a felony of the fourth degree, and	30456
division (C) of section 2929.13 of the Revised Code applies in	30457
determining whether to impose a prison term on the offender.	30458

(c) Except as otherwise provided in this division, if the	30459
amount of the drug involved equals or exceeds ten unit doses but	30460
is less than fifty unit doses of L.S.D. in a solid form or equals	30461
or exceeds one gram but is less than five grams of L.S.D. in a	30462
liquid concentrate, liquid extract, or liquid distillate form,	30463
trafficking in L.S.D. is a felony of the fourth degree, and	30464
division (B) of section 2929.13 of the Revised Code applies in	30465
determining whether to impose a prison term for the offense. If	30466
the amount of the drug involved is within that range and if the	30467
offense was committed in the vicinity of a school or in the	30468
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	30469
third degree, and there is a presumption for a prison term for the	30470
offense.	30471

(d) Except as otherwise provided in this division, if the	30472
amount of the drug involved equals or exceeds fifty unit doses but	30473
is less than two hundred fifty unit doses of L.S.D. in a solid	30474
form or equals or exceeds five grams but is less than twenty-five	30475
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	30476
distillate form, trafficking in L.S.D. is a felony of the third	30477
degree, and, except as otherwise provided in this division, there	30478
is a presumption for a prison term for the offense. If trafficking	30479
in L.S.D. is a felony of the third degree under this division and	30480
if the offender two or more times previously has been convicted of	30481
or pleaded guilty to a felony drug abuse offense, the court shall	30482
impose as a mandatory prison term one of the prison terms	30483
prescribed for a felony of the third degree. If the amount of the	30484
drug involved is within that range and if the offense was	30485
committed in the vicinity of a school or in the vicinity of a	30486
juvenile, trafficking in L.S.D. is a felony of the second degree,	30487
and the court shall impose as a mandatory prison term one of the	30488
prison terms prescribed for a felony of the second degree.	30489

(e) Except as otherwise provided in this division, if the	30490
amount of the drug involved equals or exceeds two hundred fifty	30491
unit doses but is less than one thousand unit doses of L.S.D. in a	30492
solid form or equals or exceeds twenty-five grams but is less than	30493
one hundred grams of L.S.D. in a liquid concentrate, liquid	30494
extract, or liquid distillate form, trafficking in L.S.D. is a	30495
felony of the second degree, and the court shall impose as a	30496
mandatory prison term one of the prison terms prescribed for a	30497
felony of the second degree. If the amount of the drug involved is	30498
within that range and if the offense was committed in the vicinity	30499
of a school or in the vicinity of a juvenile, trafficking in	30500
L.S.D. is a felony of the first degree, and the court shall impose	30501
as a mandatory prison term one of the prison terms prescribed for	30502
a felony of the first degree.	30503

(f) If the amount of the drug involved equals or exceeds one	30504
thousand unit doses but is less than five thousand unit doses of	30505
L.S.D. in a solid form or equals or exceeds one hundred grams but	30506
is less than five hundred grams of L.S.D. in a liquid concentrate,	30507
liquid extract, or liquid distillate form and regardless of	30508
whether the offense was committed in the vicinity of a school or	30509
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	30510
of the first degree, and the court shall impose as a mandatory	30511
prison term one of the prison terms prescribed for a felony of the	30512
first degree.	30513

(g) If the amount of the drug involved equals or exceeds five	30514
thousand unit doses of L.S.D. in a solid form or equals or exceeds	30515
five hundred grams of L.S.D. in a liquid concentrate, liquid	30516
extract, or liquid distillate form and regardless of whether the	30517
offense was committed in the vicinity of a school or in the	30518
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	30519
first degree, the offender is a major drug offender, and the court	30520
shall impose as a mandatory prison term the maximum prison term	30521
prescribed for a felony of the first degree.	30522

(6) If the drug involved in the violation is heroin or a	30523
compound, mixture, preparation, or substance containing heroin,	30524
whoever violates division (A) of this section is guilty of	30525
trafficking in heroin. The penalty for the offense shall be	30526
determined as follows:	30527

(a) Except as otherwise provided in division (C)(6)(b), (c),	30528
(d), (e), (f), or (g) of this section, trafficking in heroin is a	30529
felony of the fifth degree, and division (B) of section 2929.13 of	30530
the Revised Code applies in determining whether to impose a prison	30531
term on the offender.	30532

(b) Except as otherwise provided in division (C)(6)(c), (d),	30533
(e), (f), or (g) of this section, if the offense was committed in	30534
the vicinity of a school or in the vicinity of a juvenile,	30535
trafficking in heroin is a felony of the fourth degree, and	30536
division (C) of section 2929.13 of the Revised Code applies in	30537
determining whether to impose a prison term on the offender.	30538

(c) Except as otherwise provided in this division, if the	30539
amount of the drug involved equals or exceeds ten unit doses but	30540
is less than fifty unit doses or equals or exceeds one gram but is	30541
less than five grams, trafficking in heroin is a felony of the	30542
fourth degree, and division (B) of section 2929.13 of the Revised	30543
Code applies in determining whether to impose a prison term for	30544
the offense. If the amount of the drug involved is within that	30545
range and if the offense was committed in the vicinity of a school	30546
or in the vicinity of a juvenile, trafficking in heroin is a	30547
felony of the third degree, and there is a presumption for a	30548
prison term for the offense.	30549

(d) Except as otherwise provided in this division, if the	30550
amount of the drug involved equals or exceeds fifty unit doses but	30551
is less than one hundred unit doses or equals or exceeds five	30552
grams but is less than ten grams, trafficking in heroin is a	30553
felony of the third degree, and there is a presumption for a	30554
prison term for the offense. If the amount of the drug involved is	30555
within that range and if the offense was committed in the vicinity	30556
of a school or in the vicinity of a juvenile, trafficking in	30557
heroin is a felony of the second degree, and there is a	30558
presumption for a prison term for the offense.	30559

(e) Except as otherwise provided in this division, if the	30560
amount of the drug involved equals or exceeds one hundred unit	30561
doses but is less than five hundred unit doses or equals or	30562
exceeds ten grams but is less than fifty grams, trafficking in	30563
heroin is a felony of the second degree, and the court shall	30564
impose as a mandatory prison term one of the prison terms	30565
prescribed for a felony of the second degree. If the amount of the	30566
drug involved is within that range and if the offense was	30567
committed in the vicinity of a school or in the vicinity of a	30568
juvenile, trafficking in heroin is a felony of the first degree,	30569
and the court shall impose as a mandatory prison term one of the	30570
prison terms prescribed for a felony of the first degree.	30571

(f) If the amount of the drug involved equals or exceeds five	30572
hundred unit doses but is less than two thousand five hundred unit	30573
doses or equals or exceeds fifty grams but is less than two	30574
hundred fifty grams and regardless of whether the offense was	30575
committed in the vicinity of a school or in the vicinity of a	30576
juvenile, trafficking in heroin is a felony of the first degree,	30577
and the court shall impose as a mandatory prison term one of the	30578
prison terms prescribed for a felony of the first degree.	30579

(g) If the amount of the drug involved equals or exceeds two	30580
thousand five hundred unit doses or equals or exceeds two hundred	30581
fifty grams and regardless of whether the offense was committed in	30582
the vicinity of a school or in the vicinity of a juvenile,	30583
trafficking in heroin is a felony of the first degree, the	30584
offender is a major drug offender, and the court shall impose as a	30585
mandatory prison term the maximum prison term prescribed for a	30586
felony of the first degree.	30587

(7) If the drug involved in the violation is hashish or a	30588
compound, mixture, preparation, or substance containing hashish,	30589
whoever violates division (A) of this section is guilty of	30590
trafficking in hashish. The penalty for the offense shall be	30591
determined as follows:	30592

(a) Except as otherwise provided in division (C)(7)(b), (c),	30593
(d), (e), (f), or (g) of this section, trafficking in hashish is a	30594
felony of the fifth degree, and division (B) of section 2929.13 of	30595
the Revised Code applies in determining whether to impose a prison	30596
term on the offender.	30597

(b) Except as otherwise provided in division (C)(7)(c), (d),	30598
(e), (f), or (g) of this section, if the offense was committed in	30599
the vicinity of a school or in the vicinity of a juvenile,	30600
trafficking in hashish is a felony of the fourth degree, and	30601
division (B) of section 2929.13 of the Revised Code applies in	30602
determining whether to impose a prison term on the offender.	30603

(c) Except as otherwise provided in this division, if the	30604
amount of the drug involved equals or exceeds ten grams but is	30605
less than fifty grams of hashish in a solid form or equals or	30606
exceeds two grams but is less than ten grams of hashish in a	30607
liquid concentrate, liquid extract, or liquid distillate form,	30608
trafficking in hashish is a felony of the fourth degree, and	30609
division (B) of section 2929.13 of the Revised Code applies in	30610
determining whether to impose a prison term on the offender. If	30611
the amount of the drug involved is within that range and if the	30612
offense was committed in the vicinity of a school or in the	30613
vicinity of a juvenile, trafficking in hashish is a felony of the	30614
third degree, and division (C) of section 2929.13 of the Revised	30615
Code applies in determining whether to impose a prison term on the	30616
offender.	30617

(d) Except as otherwise provided in this division, if the	30618
amount of the drug involved equals or exceeds fifty grams but is	30619
less than two hundred fifty grams of hashish in a solid form or	30620
equals or exceeds ten grams but is less than fifty grams of	30621
hashish in a liquid concentrate, liquid extract, or liquid	30622
distillate form, trafficking in hashish is a felony of the third	30623
degree, and division (C) of section 2929.13 of the Revised Code	30624
applies in determining whether to impose a prison term on the	30625
offender. If the amount of the drug involved is within that range	30626
and if the offense was committed in the vicinity of a school or in	30627
the vicinity of a juvenile, trafficking in hashish is a felony of	30628
the second degree, and there is a presumption that a prison term	30629
shall be imposed for the offense.	30630

(e) Except as otherwise provided in this division, if the	30631
amount of the drug involved equals or exceeds two hundred fifty	30632
grams but is less than one thousand grams of hashish in a solid	30633
form or equals or exceeds fifty grams but is less than two hundred	30634
grams of hashish in a liquid concentrate, liquid extract, or	30635
liquid distillate form, trafficking in hashish is a felony of the	30636
third degree, and there is a presumption that a prison term shall	30637
be imposed for the offense. If the amount of the drug involved is	30638
within that range and if the offense was committed in the vicinity	30639
of a school or in the vicinity of a juvenile, trafficking in	30640
hashish is a felony of the second degree, and there is a	30641
presumption that a prison term shall be imposed for the offense.	30642

(f) Except as otherwise provided in this division, if the	30643
amount of the drug involved equals or exceeds one thousand grams	30644
but is less than two thousand grams of hashish in a solid form or	30645
equals or exceeds two hundred grams but is less than four hundred	30646
grams of hashish in a liquid concentrate, liquid extract, or	30647
liquid distillate form, trafficking in hashish is a felony of the	30648
second degree, and the court shall impose a mandatory prison term	30649
of five, six, seven, or eight years. If the amount of the drug	30650
involved is within that range and if the offense was committed in	30651
the vicinity of a school or in the vicinity of a juvenile,	30652
trafficking in hashish is a felony of the first degree, and the	30653
court shall impose as a mandatory prison term the maximum prison	30654
term prescribed for a felony of the first degree.	30655

(g) Except as otherwise provided in this division, if the	30656
amount of the drug involved equals or exceeds two thousand grams	30657
of hashish in a solid form or equals or exceeds four hundred grams	30658
of hashish in a liquid concentrate, liquid extract, or liquid	30659
distillate form, trafficking in hashish is a felony of the second	30660
degree, and the court shall impose as a mandatory prison term the	30661
maximum prison term prescribed for a felony of the second degree.	30662
If the amount of the drug involved equals or exceeds two thousand	30663
grams of hashish in a solid form or equals or exceeds four hundred	30664
grams of hashish in a liquid concentrate, liquid extract, or	30665
liquid distillate form and if the offense was committed in the	30666
vicinity of a school or in the vicinity of a juvenile, trafficking	30667
in hashish is a felony of the first degree, and the court shall	30668
impose as a mandatory prison term the maximum prison term	30669
prescribed for a felony of the first degree.	30670

(8) If the drug involved in the violation is a controlled	30671
substance analog or compound, mixture, preparation, or substance	30672
that contains a controlled substance analog, whoever violates	30673
division (A) of this section is guilty of trafficking in a	30674
controlled substance analog. The penalty for the offense shall be	30675
determined as follows:	30676

(a) Except as otherwise provided in division (C)(8)(b), (c),	30677
(d), (e), (f), or (g) of this section, trafficking in a controlled	30678
substance analog is a felony of the fifth degree, and division (C)	30679
of section 2929.13 of the Revised Code applies in determining	30680
whether to impose a prison term on the offender.	30681

(b) Except as otherwise provided in division (C)(8)(c), (d),	30682
(e), (f), or (g) of this section, if the offense was committed in	30683
the vicinity of a school or in the vicinity of a juvenile,	30684
trafficking in a controlled substance analog is a felony of the	30685
fourth degree, and division (C) of section 2929.13 of the Revised	30686
Code applies in determining whether to impose a prison term on the	30687
offender.	30688

(c) Except as otherwise provided in this division, if the	30689
amount of the drug involved equals or exceeds ten grams but is	30690
less than twenty grams, trafficking in a controlled substance	30691
analog is a felony of the fourth degree, and division (B) of	30692
section 2929.13 of the Revised Code applies in determining whether	30693
to impose a prison term for the offense. If the amount of the drug	30694
involved is within that range and if the offense was committed in	30695
the vicinity of a school or in the vicinity of a juvenile,	30696
trafficking in a controlled substance analog is a felony of the	30697
third degree, and there is a presumption for a prison term for the	30698
offense.	30699

(d) Except as otherwise provided in this division, if the	30700
amount of the drug involved equals or exceeds twenty grams but is	30701
less than thirty grams, trafficking in a controlled substance	30702
analog is a felony of the third degree, and there is a presumption	30703
for a prison term for the offense. If the amount of the drug	30704
involved is within that range and if the offense was committed in	30705
the vicinity of a school or in the vicinity of a juvenile,	30706
trafficking in a controlled substance analog is a felony of the	30707
second degree, and there is a presumption for a prison term for	30708
the offense.	30709

(e) Except as otherwise provided in this division, if the	30710
amount of the drug involved equals or exceeds thirty grams but is	30711
less than forty grams, trafficking in a controlled substance	30712
analog is a felony of the second degree, and the court shall	30713
impose as a mandatory prison term one of the prison terms	30714
prescribed for a felony of the second degree. If the amount of the	30715
drug involved is within that range and if the offense was	30716
committed in the vicinity of a school or in the vicinity of a	30717
juvenile, trafficking in a controlled substance analog is a felony	30718
of the first degree, and the court shall impose as a mandatory	30719
prison term one of the prison terms prescribed for a felony of the	30720
first degree.	30721

(f) If the amount of the drug involved equals or exceeds	30722
forty grams but is less than fifty grams and regardless of whether	30723
the offense was committed in the vicinity of a school or in the	30724
vicinity of a juvenile, trafficking in a controlled substance	30725
analog is a felony of the first degree, and the court shall impose	30726
as a mandatory prison term one of the prison terms prescribed for	30727
a felony of the first degree.	30728

(g) If the amount of the drug involved equals or exceeds	30729
fifty grams and regardless of whether the offense was committed in	30730
the vicinity of a school or in the vicinity of a juvenile,	30731
trafficking in a controlled substance analog is a felony of the	30732
first degree, the offender is a major drug offender, and the court	30733
shall impose as a mandatory prison term the maximum prison term	30734
prescribed for a felony of the first degree.	30735

(D) In addition to any prison term authorized or required by	30736
division (C) of this section and sections 2929.13 and 2929.14 of	30737
the Revised Code, and in addition to any other sanction imposed	30738
for the offense under this section or sections 2929.11 to 2929.18	30739
of the Revised Code, the court that sentences an offender who is	30740
convicted of or pleads guilty to a violation of division (A) of	30741
this section shall do all of the following that are applicable	30742
regarding the offender:	30743

(1) If the violation of division (A) of this section is a	30744
felony of the first, second, or third degree, the court shall	30745
impose upon the offender the mandatory fine specified for the	30746
offense under division (B)(1) of section 2929.18 of the Revised	30747
Code unless, as specified in that division, the court determines	30748
that the offender is indigent. Except as otherwise provided in	30749
division (H)(1) of this section, a mandatory fine or any other	30750
fine imposed for a violation of this section is subject to	30751
division (F) of this section. If a person is charged with a	30752
violation of this section that is a felony of the first, second,	30753
or third degree, posts bail, and forfeits the bail, the clerk of	30754
the court shall pay the forfeited bail pursuant to divisions	30755
(D)(1) and (F) of this section, as if the forfeited bail was a	30756
fine imposed for a violation of this section. If any amount of the	30757
forfeited bail remains after that payment and if a fine is imposed	30758
under division (H)(1) of this section, the clerk of the court	30759
shall pay the remaining amount of the forfeited bail pursuant to	30760
divisions (H)(2) and (3) of this section, as if that remaining	30761
amount was a fine imposed under division (H)(1) of this section.	30762

(2) The court shall suspend the driver's or commercial	30763
driver's license or permit of the offender in accordance with	30764
division (G) of this section.	30765

(3) If the offender is a professionally licensed person, the	30766
court immediately shall comply with section 2925.38 of the Revised	30767
Code.	30768

(E) When a person is charged with the sale of or offer to	30769
sell a bulk amount or a multiple of a bulk amount of a controlled	30770
substance, the jury, or the court trying the accused, shall	30771
determine the amount of the controlled substance involved at the	30772
time of the offense and, if a guilty verdict is returned, shall	30773
return the findings as part of the verdict. In any such case, it	30774
is unnecessary to find and return the exact amount of the	30775
controlled substance involved, and it is sufficient if the finding	30776
and return is to the effect that the amount of the controlled	30777
substance involved is the requisite amount, or that the amount of	30778
the controlled substance involved is less than the requisite	30779
amount.	30780

(F)(1) Notwithstanding any contrary provision of section	30781
3719.21 of the Revised Code and except as provided in division (H)	30782
of this section, the clerk of the court shall pay any mandatory	30783
fine imposed pursuant to division (D)(1) of this section and any	30784
fine other than a mandatory fine that is imposed for a violation	30785
of this section pursuant to division (A) or (B)(5) of section	30786
2929.18 of the Revised Code to the county, township, municipal	30787
corporation, park district, as created pursuant to section 511.18	30788
or 1545.04 of the Revised Code, or state law enforcement agencies	30789
in this state that primarily were responsible for or involved in	30790
making the arrest of, and in prosecuting, the offender. However,	30791
the clerk shall not pay a mandatory fine so imposed to a law	30792
enforcement agency unless the agency has adopted a written	30793
internal control policy under division (F)(2) of this section that	30794
addresses the use of the fine moneys that it receives. Each agency	30795
shall use the mandatory fines so paid to subsidize the agency's	30796
law enforcement efforts that pertain to drug offenses, in	30797
accordance with the written internal control policy adopted by the	30798
recipient agency under division (F)(2) of this section.	30799

(2)~~(a)~~ Prior to receiving any fine moneys under division	30800
(F)(1) of this section or division (B) of section 2925.42 of the	30801
Revised Code, a law enforcement agency shall adopt a written	30802
internal control policy that addresses the agency's use and	30803
disposition of all fine moneys so received and that provides for	30804
the keeping of detailed financial records of the receipts of those	30805
fine moneys, the general types of expenditures made out of those	30806
fine moneys, and the specific amount of each general type of	30807
expenditure. The policy shall not provide for or permit the	30808
identification of any specific expenditure that is made in an	30809
ongoing investigation. All financial records of the receipts of	30810
those fine moneys, the general types of expenditures made out of	30811
those fine moneys, and the specific amount of each general type of	30812
expenditure by an agency are public records open for inspection	30813
under section 149.43 of the Revised Code. Additionally, a written	30814
internal control policy adopted under this division is such a	30815
public record, and the agency that adopted it shall comply with	30816
it.	30817

~~(b) Each law enforcement agency that receives in any calendar~~	30818
~~year any fine moneys under division (F)(1) of this section or~~	30819
~~division (B) of section 2925.42 of the Revised Code shall prepare~~	30820
~~a report covering the calendar year that cumulates all of the~~	30821
~~information contained in all of the public financial records kept~~	30822
~~by the agency pursuant to division (F)(2)(a) of this section for~~	30823
~~that calendar year, and shall send a copy of the cumulative~~	30824
~~report, no later than the first day of March in the calendar year~~	30825
~~following the calendar year covered by the report, to the attorney~~	30826
~~general. Each report received by the attorney general is a public~~	30827
~~record open for inspection under section 149.43 of the Revised~~	30828
~~Code. Not later than the fifteenth day of April in the calendar~~	30829
~~year in which the reports are received, the attorney general shall~~	30830
~~send to the president of the senate and the speaker of the house~~	30831
~~of representatives a written notification that does all of the~~	30832
~~following:~~	30833

~~(i) Indicates that the attorney general has received from law~~	30834
~~enforcement agencies reports of the type described in this~~	30835
~~division that cover the previous calendar year and indicates that~~	30836
~~the reports were received under this division;~~	30837

~~(ii) Indicates that the reports are open for inspection under~~	30838
~~section 149.43 of the Revised Code;~~	30839

~~(iii) Indicates that the attorney general will provide a copy~~	30840
~~of any or all of the reports to the president of the senate or the~~	30841
~~speaker of the house of representatives upon request.~~	30842

(3) As used in division (F) of this section:

30843

(a) "Law enforcement agencies" includes, but is not limited	30844
to, the state board of pharmacy and the office of a prosecutor.	30845

(b) "Prosecutor" has the same meaning as in section 2935.01	30846
of the Revised Code.	30847

(G) When required under division (D)(2) of this section or	30848
any other provision of this chapter, the court shall suspend for	30849
not less than six months or more than five years the driver's or	30850
commercial driver's license or permit of any person who is	30851
convicted of or pleads guilty to any violation of this section or	30852
any other specified provision of this chapter. If an offender's	30853
driver's or commercial driver's license or permit is suspended	30854
pursuant to this division, the offender, at any time after the	30855
expiration of two years from the day on which the offender's	30856
sentence was imposed or from the day on which the offender finally	30857
was released from a prison term under the sentence, whichever is	30858
later, may file a motion with the sentencing court requesting	30859
termination of the suspension; upon the filing of such a motion	30860
and the court's finding of good cause for the termination, the	30861
court may terminate the suspension.	30862

(H)(1) In addition to any prison term authorized or required	30863
by division (C) of this section and sections 2929.13 and 2929.14	30864
of the Revised Code, in addition to any other penalty or sanction	30865
imposed for the offense under this section or sections 2929.11 to	30866
2929.18 of the Revised Code, and in addition to the forfeiture of	30867
property in connection with the offense as prescribed in Chapter	30868
2981. of the Revised Code, the court that sentences an offender	30869
who is convicted of or pleads guilty to a violation of division	30870
(A) of this section may impose upon the offender an additional	30871
fine specified for the offense in division (B)(4) of section	30872
2929.18 of the Revised Code. A fine imposed under division (H)(1)	30873
of this section is not subject to division (F) of this section and	30874
shall be used solely for the support of one or more eligible	30875
~~alcohol and drug~~community addiction ~~programs~~services provider in	30876
accordance with divisions (H)(2) and (3) of this section.	30877

(2) The court that imposes a fine under division (H)(1) of	30878
this section shall specify in the judgment that imposes the fine	30879
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	30880
services provider for the support of which the fine money is to be	30881
used. No ~~alcohol and drug~~community addiction ~~program~~services	30882
provider shall receive or use money paid or collected in	30883
satisfaction of a fine imposed under division (H)(1) of this	30884
section unless the ~~program~~services provider is specified in the	30885
judgment that imposes the fine. No ~~alcohol and drug~~community	30886
addiction ~~program~~services provider shall be specified in the	30887
judgment unless the ~~program~~services provider is an eligible	30888
~~alcohol and drug~~community addiction ~~program~~services provider	30889
and, except as otherwise provided in division (H)(2) of this	30890
section, unless the ~~program~~services provider is located in the	30891
county in which the court that imposes the fine is located or in a	30892
county that is immediately contiguous to the county in which that	30893
court is located. If no eligible ~~alcohol and drug~~community	30894
addiction ~~program~~services provider is located in any of those	30895
counties, the judgment may specify an eligible ~~alcohol and drug~~	30896
community addiction ~~program~~services provider that is located	30897
anywhere within this state.	30898

(3) Notwithstanding any contrary provision of section 3719.21	30899
of the Revised Code, the clerk of the court shall pay any fine	30900
imposed under division (H)(1) of this section to the eligible	30901
~~alcohol and drug~~community addiction ~~program~~services provider	30902
specified pursuant to division (H)(2) of this section in the	30903
judgment. The eligible ~~alcohol and drug~~community addiction	30904
~~program~~services provider that receives the fine moneys shall use	30905
the moneys only for the alcohol and drug addiction services	30906
identified in the application for certification under section	30907
~~3793.06~~5119.36 of the Revised Code or in the application for a	30908
license under section ~~3793.11~~5119.39 of the Revised Code filed	30909
with the department of ~~alcohol and drug addiction services~~mental	30910
health and addiction services by the ~~alcohol and drug~~community	30911
addiction ~~program~~services provider specified in the judgment.	30912

(4) Each ~~alcohol and drug~~community addiction ~~program~~	30913
services provider that receives in a calendar year any fine moneys	30914
under division (H)(3) of this section shall file an annual report	30915
covering that calendar year with the court of common pleas and the	30916
board of county commissioners of the county in which the ~~program~~	30917
services provider is located, with the court of common pleas and	30918
the board of county commissioners of each county from which the	30919
~~program~~services provider received the moneys if that county is	30920
different from the county in which the ~~program~~services provider	30921
is located, and with the attorney general. The ~~alcohol and drug~~	30922
community addiction ~~program~~services provider shall file the	30923
report no later than the first day of March in the calendar year	30924
following the calendar year in which the ~~program~~services provider	30925
received the fine moneys. The report shall include statistics on	30926
the number of persons served by the ~~alcohol and drug~~community	30927
addiction ~~program~~services provider, identify the types of alcohol	30928
and drug addiction services provided to those persons, and include	30929
a specific accounting of the purposes for which the fine moneys	30930
received were used. No information contained in the report shall	30931
identify, or enable a person to determine the identity of, any	30932
person served by the ~~alcohol and drug~~community addiction ~~program~~	30933
services provider. Each report received by a court of common	30934
pleas, a board of county commissioners, or the attorney general is	30935
a public record open for inspection under section 149.43 of the	30936
Revised Code.	30937

(5) As used in divisions (H)(1) to (5) of this section:

30938

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	30939
provider" and "alcohol and drug addiction services" have the same	30940
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	30941

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	30942
services provider" means ~~an alcohol and drug~~a community addiction	30943
~~program~~services provider that is certified under section ~~3793.06~~	30944
5119.36 of the Revised Code or licensed under section ~~3793.11~~	30945
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	30946
~~addiction services~~mental health and addiction services.	30947

(I) As used in this section, "drug" includes any substance	30948
that is represented to be a drug.	30949

(J) It is an affirmative defense to a charge of trafficking	30950
in a controlled substance analog under division (C)(8) of this	30951
section that the person charged with violating that offense sold	30952
or offered to sell, or prepared for shipment, shipped,	30953
transported, delivered, prepared for distribution, or distributed	30954
an item described in division (HH)(2)(a), (b), or (c) of section	30955
3719.01 of the Revised Code.	30956

Sec. 2929.13. (A) Except as provided in division (E), (F),	30957
or (G) of this section and unless a specific sanction is required	30958
to be imposed or is precluded from being imposed pursuant to law,	30959
a court that imposes a sentence upon an offender for a felony may	30960
impose any sanction or combination of sanctions on the offender	30961
that are provided in sections 2929.14 to 2929.18 of the Revised	30962
Code.	30963

If the offender is eligible to be sentenced to community	30964
control sanctions, the court shall consider the appropriateness of	30965
imposing a financial sanction pursuant to section 2929.18 of the	30966
Revised Code or a sanction of community service pursuant to	30967
section 2929.17 of the Revised Code as the sole sanction for the	30968
offense. Except as otherwise provided in this division, if the	30969
court is required to impose a mandatory prison term for the	30970
offense for which sentence is being imposed, the court also shall	30971
impose any financial sanction pursuant to section 2929.18 of the	30972
Revised Code that is required for the offense and may impose any	30973
other financial sanction pursuant to that section but may not	30974
impose any additional sanction or combination of sanctions under	30975
section 2929.16 or 2929.17 of the Revised Code.	30976

If the offender is being sentenced for a fourth degree felony	30977
OVI offense or for a third degree felony OVI offense, in addition	30978
to the mandatory term of local incarceration or the mandatory	30979
prison term required for the offense by division (G)(1) or (2) of	30980
this section, the court shall impose upon the offender a mandatory	30981
fine in accordance with division (B)(3) of section 2929.18 of the	30982
Revised Code and may impose whichever of the following is	30983
applicable:	30984

(1) For a fourth degree felony OVI offense for which sentence	30985
is imposed under division (G)(1) of this section, an additional	30986
community control sanction or combination of community control	30987
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	30988
the court imposes upon the offender a community control sanction	30989
and the offender violates any condition of the community control	30990
sanction, the court may take any action prescribed in division (B)	30991
of section 2929.15 of the Revised Code relative to the offender,	30992
including imposing a prison term on the offender pursuant to that	30993
division.	30994

(2) For a third or fourth degree felony OVI offense for which	30995
sentence is imposed under division (G)(2) of this section, an	30996
additional prison term as described in division (B)(4) of section	30997
2929.14 of the Revised Code or a community control sanction as	30998
described in division (G)(2) of this section.	30999

(B)(1)(a) Except as provided in division (B)(1)(b) of this	31000
section, if an offender is convicted of or pleads guilty to a	31001
felony of the fourth or fifth degree that is not an offense of	31002
violence or that is a qualifying assault offense, the court shall	31003
sentence the offender to a community control sanction of at least	31004
one year's duration if all of the following apply:	31005

(i) The offender previously has not been convicted of or	31006
pleaded guilty to a felony offense.	31007

(ii) The most serious charge against the offender at the time	31008
of sentencing is a felony of the fourth or fifth degree.	31009

(iii) If the court made a request of the department of	31010
rehabilitation and correction pursuant to division (B)(1)(c) of	31011
this section, the department, within the forty-five-day period	31012
specified in that division, provided the court with the names of,	31013
contact information for, and program details of one or more	31014
community control sanctions of at least one year's duration that	31015
are available for persons sentenced by the court.	31016

(iv) The offender previously has not been convicted of or	31017
pleaded guilty to a misdemeanor offense of violence that the	31018
offender committed within two years prior to the offense for which	31019
sentence is being imposed.	31020

(b) The court has discretion to impose a prison term upon an	31021
offender who is convicted of or pleads guilty to a felony of the	31022
fourth or fifth degree that is not an offense of violence or that	31023
is a qualifying assault offense if any of the following apply:	31024

(i) The offender committed the offense while having a firearm	31025
on or about the offender's person or under the offender's control.	31026

(ii) If the offense is a qualifying assault offense, the	31027
offender caused serious physical harm to another person while	31028
committing the offense, and, if the offense is not a qualifying	31029
assault offense, the offender caused physical harm to another	31030
person while committing the offense.	31031

(iii) The offender violated a term of the conditions of bond	31032
as set by the court.	31033

(iv) The court made a request of the department of	31034
rehabilitation and correction pursuant to division (B)(1)(c) of	31035
this section, and the department, within the forty-five-day period	31036
specified in that division, did not provide the court with the	31037
name of, contact information for, and program details of any	31038
community control sanction of at least one year's duration that is	31039
available for persons sentenced by the court.	31040

(v) The offense is a sex offense that is a fourth or fifth	31041
degree felony violation of any provision of Chapter 2907. of the	31042
Revised Code.	31043

(vi) In committing the offense, the offender attempted to	31044
cause or made an actual threat of physical harm to a person with a	31045
deadly weapon.	31046

(vii) In committing the offense, the offender attempted to	31047
cause or made an actual threat of physical harm to a person, and	31048
the offender previously was convicted of an offense that caused	31049
physical harm to a person.	31050

(viii) The offender held a public office or position of	31051
trust, and the offense related to that office or position; the	31052
offender's position obliged the offender to prevent the offense or	31053
to bring those committing it to justice; or the offender's	31054
professional reputation or position facilitated the offense or was	31055
likely to influence the future conduct of others.	31056

(ix) The offender committed the offense for hire or as part	31057
of an organized criminal activity.	31058

(x) The offender at the time of the offense was serving, or	31059
the offender previously had served, a prison term.	31060

(xi) The offender committed the offense while under a	31061
community control sanction, while on probation, or while released	31062
from custody on a bond or personal recognizance.	31063

(c) If a court that is sentencing an offender who is	31064
convicted of or pleads guilty to a felony of the fourth or fifth	31065
degree that is not an offense of violence or that is a qualifying	31066
assault offense believes that no community control sanctions are	31067
available for its use that, if imposed on the offender, will	31068
adequately fulfill the overriding principles and purposes of	31069
sentencing, the court shall contact the department of	31070
rehabilitation and correction and ask the department to provide	31071
the court with the names of, contact information for, and program	31072
details of one or more community control sanctions of at least one	31073
year's duration that are available for persons sentenced by the	31074
court. Not later than forty-five days after receipt of a request	31075
from a court under this division, the department shall provide the	31076
court with the names of, contact information for, and program	31077
details of one or more community control sanctions of at least one	31078
year's duration that are available for persons sentenced by the	31079
court, if any. Upon making a request under this division that	31080
relates to a particular offender, a court shall defer sentencing	31081
of that offender until it receives from the department the names	31082
of, contact information for, and program details of one or more	31083
community control sanctions of at least one year's duration that	31084
are available for persons sentenced by the court or for forty-five	31085
days, whichever is the earlier.	31086

If the department provides the court with the names of,	31087
contact information for, and program details of one or more	31088
community control sanctions of at least one year's duration that	31089
are available for persons sentenced by the court within the	31090
forty-five-day period specified in this division, the court shall	31091
impose upon the offender a community control sanction under	31092
division (B)(1)(a) of this section, except that the court may	31093
impose a prison term under division (B)(1)(b) of this section if a	31094
factor described in division (B)(1)(b)(i) or (ii) of this section	31095
applies. If the department does not provide the court with the	31096
names of, contact information for, and program details of one or	31097
more community control sanctions of at least one year's duration	31098
that are available for persons sentenced by the court within the	31099
forty-five-day period specified in this division, the court may	31100
impose upon the offender a prison term under division	31101
(B)(1)(b)(iv) of this section.	31102

(d) A sentencing court may impose an additional penalty under	31103
division (B) of section 2929.15 of the Revised Code upon an	31104
offender sentenced to a community control sanction under division	31105
(B)(1)(a) of this section if the offender violates the conditions	31106
of the community control sanction, violates a law, or leaves the	31107
state without the permission of the court or the offender's	31108
probation officer.	31109

(2) If division (B)(1) of this section does not apply, except	31110
as provided in division (E), (F), or (G) of this section, in	31111
determining whether to impose a prison term as a sanction for a	31112
felony of the fourth or fifth degree, the sentencing court shall	31113
comply with the purposes and principles of sentencing under	31114
section 2929.11 of the Revised Code and with section 2929.12 of	31115
the Revised Code.	31116

(C) Except as provided in division (D), (E), (F), or (G) of	31117
this section, in determining whether to impose a prison term as a	31118
sanction for a felony of the third degree or a felony drug offense	31119
that is a violation of a provision of Chapter 2925. of the Revised	31120
Code and that is specified as being subject to this division for	31121
purposes of sentencing, the sentencing court shall comply with the	31122
purposes and principles of sentencing under section 2929.11 of the	31123
Revised Code and with section 2929.12 of the Revised Code.	31124

(D)(1) Except as provided in division (E) or (F) of this	31125
section, for a felony of the first or second degree, for a felony	31126
drug offense that is a violation of any provision of Chapter	31127
2925., 3719., or 4729. of the Revised Code for which a presumption	31128
in favor of a prison term is specified as being applicable, and	31129
for a violation of division (A)(4) or (B) of section 2907.05 of	31130
the Revised Code for which a presumption in favor of a prison term	31131
is specified as being applicable, it is presumed that a prison	31132
term is necessary in order to comply with the purposes and	31133
principles of sentencing under section 2929.11 of the Revised	31134
Code. Division (D)(2) of this section does not apply to a	31135
presumption established under this division for a violation of	31136
division (A)(4) of section 2907.05 of the Revised Code.	31137

(2) Notwithstanding the presumption established under	31138
division (D)(1) of this section for the offenses listed in that	31139
division other than a violation of division (A)(4) or (B) of	31140
section 2907.05 of the Revised Code, the sentencing court may	31141
impose a community control sanction or a combination of community	31142
control sanctions instead of a prison term on an offender for a	31143
felony of the first or second degree or for a felony drug offense	31144
that is a violation of any provision of Chapter 2925., 3719., or	31145
4729. of the Revised Code for which a presumption in favor of a	31146
prison term is specified as being applicable if it makes both of	31147
the following findings:	31148

(a) A community control sanction or a combination of	31149
community control sanctions would adequately punish the offender	31150
and protect the public from future crime, because the applicable	31151
factors under section 2929.12 of the Revised Code indicating a	31152
lesser likelihood of recidivism outweigh the applicable factors	31153
under that section indicating a greater likelihood of recidivism.	31154

(b) A community control sanction or a combination of	31155
community control sanctions would not demean the seriousness of	31156
the offense, because one or more factors under section 2929.12 of	31157
the Revised Code that indicate that the offender's conduct was	31158
less serious than conduct normally constituting the offense are	31159
applicable, and they outweigh the applicable factors under that	31160
section that indicate that the offender's conduct was more serious	31161
than conduct normally constituting the offense.	31162

(E)(1) Except as provided in division (F) of this section,	31163
for any drug offense that is a violation of any provision of	31164
Chapter 2925. of the Revised Code and that is a felony of the	31165
third, fourth, or fifth degree, the applicability of a presumption	31166
under division (D) of this section in favor of a prison term or of	31167
division (B) or (C) of this section in determining whether to	31168
impose a prison term for the offense shall be determined as	31169
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	31170
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	31171
Revised Code, whichever is applicable regarding the violation.	31172

(2) If an offender who was convicted of or pleaded guilty to	31173
a felony violates the conditions of a community control sanction	31174
imposed for the offense solely by reason of producing positive	31175
results on a drug test, the court, as punishment for the violation	31176
of the sanction, shall not order that the offender be imprisoned	31177
unless the court determines on the record either of the following:	31178

(a) The offender had been ordered as a sanction for the	31179
felony to participate in a drug treatment program, in a drug	31180
education program, or in narcotics anonymous or a similar program,	31181
and the offender continued to use illegal drugs after a reasonable	31182
period of participation in the program.	31183

(b) The imprisonment of the offender for the violation is	31184
consistent with the purposes and principles of sentencing set	31185
forth in section 2929.11 of the Revised Code.	31186

(3) A court that sentences an offender for a drug abuse	31187
offense that is a felony of the third, fourth, or fifth degree may	31188
require that the offender be assessed by a properly credentialed	31189
professional within a specified period of time. The court shall	31190
require the professional to file a written assessment of the	31191
offender with the court. If the offender is eligible for a	31192
community control sanction and after considering the written	31193
assessment, the court may impose a community control sanction that	31194
includes treatment and recovery support services authorized by	31195
section ~~3793.02~~5119.21 of the Revised Code. If the court imposes	31196
treatment and recovery support services as a community control	31197
sanction, the court shall direct the level and type of treatment	31198
and recovery support services after considering the assessment and	31199
recommendation of treatment and recovery support services	31200
providers.	31201

(F) Notwithstanding divisions (A) to (E) of this section, the	31202
court shall impose a prison term or terms under sections 2929.02	31203
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	31204
of the Revised Code and except as specifically provided in section	31205
2929.20, divisions (C) to (I) of section 2967.19, or section	31206
2967.191 of the Revised Code or when parole is authorized for the	31207
offense under section 2967.13 of the Revised Code shall not reduce	31208
the term or terms pursuant to section 2929.20, section 2967.19,	31209
section 2967.193, or any other provision of Chapter 2967. or	31210
Chapter 5120. of the Revised Code for any of the following	31211
offenses:	31212

(1) Aggravated murder when death is not imposed or murder;

31213

(2) Any rape, regardless of whether force was involved and	31214
regardless of the age of the victim, or an attempt to commit rape	31215
if, had the offender completed the rape that was attempted, the	31216
offender would have been guilty of a violation of division	31217
(A)(1)(b) of section 2907.02 of the Revised Code and would be	31218
sentenced under section 2971.03 of the Revised Code;	31219

(3) Gross sexual imposition or sexual battery, if the victim	31220
is less than thirteen years of age and if any of the following	31221
applies:	31222

(a) Regarding gross sexual imposition, the offender	31223
previously was convicted of or pleaded guilty to rape, the former	31224
offense of felonious sexual penetration, gross sexual imposition,	31225
or sexual battery, and the victim of the previous offense was less	31226
than thirteen years of age;	31227

(b) Regarding gross sexual imposition, the offense was	31228
committed on or after August 3, 2006, and evidence other than the	31229
testimony of the victim was admitted in the case corroborating the	31230
violation.	31231

(c) Regarding sexual battery, either of the following	31232
applies:	31233

(i) The offense was committed prior to August 3, 2006, the	31234
offender previously was convicted of or pleaded guilty to rape,	31235
the former offense of felonious sexual penetration, or sexual	31236
battery, and the victim of the previous offense was less than	31237
thirteen years of age.	31238

(ii) The offense was committed on or after August 3, 2006.

31239

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	31240
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	31241
if the section requires the imposition of a prison term;	31242

(5) A first, second, or third degree felony drug offense for	31243
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	31244
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	31245
4729.99 of the Revised Code, whichever is applicable regarding the	31246
violation, requires the imposition of a mandatory prison term;	31247

(6) Any offense that is a first or second degree felony and	31248
that is not set forth in division (F)(1), (2), (3), or (4) of this	31249
section, if the offender previously was convicted of or pleaded	31250
guilty to aggravated murder, murder, any first or second degree	31251
felony, or an offense under an existing or former law of this	31252
state, another state, or the United States that is or was	31253
substantially equivalent to one of those offenses;	31254

(7) Any offense that is a third degree felony and either is a	31255
violation of section 2903.04 of the Revised Code or an attempt to	31256
commit a felony of the second degree that is an offense of	31257
violence and involved an attempt to cause serious physical harm to	31258
a person or that resulted in serious physical harm to a person if	31259
the offender previously was convicted of or pleaded guilty to any	31260
of the following offenses:	31261

(a) Aggravated murder, murder, involuntary manslaughter,	31262
rape, felonious sexual penetration as it existed under section	31263
2907.12 of the Revised Code prior to September 3, 1996, a felony	31264
of the first or second degree that resulted in the death of a	31265
person or in physical harm to a person, or complicity in or an	31266
attempt to commit any of those offenses;	31267

(b) An offense under an existing or former law of this state,	31268
another state, or the United States that is or was substantially	31269
equivalent to an offense listed in division (F)(7)(a) of this	31270
section that resulted in the death of a person or in physical harm	31271
to a person.	31272

(8) Any offense, other than a violation of section 2923.12 of	31273
the Revised Code, that is a felony, if the offender had a firearm	31274
on or about the offender's person or under the offender's control	31275
while committing the felony, with respect to a portion of the	31276
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	31277
of the Revised Code for having the firearm;	31278

(9) Any offense of violence that is a felony, if the offender	31279
wore or carried body armor while committing the felony offense of	31280
violence, with respect to the portion of the sentence imposed	31281
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	31282
Code for wearing or carrying the body armor;	31283

(10) Corrupt activity in violation of section 2923.32 of the	31284
Revised Code when the most serious offense in the pattern of	31285
corrupt activity that is the basis of the offense is a felony of	31286
the first degree;	31287

(11) Any violent sex offense or designated homicide, assault,	31288
or kidnapping offense if, in relation to that offense, the	31289
offender is adjudicated a sexually violent predator;	31290

(12) A violation of division (A)(1) or (2) of section 2921.36	31291
of the Revised Code, or a violation of division (C) of that	31292
section involving an item listed in division (A)(1) or (2) of that	31293
section, if the offender is an officer or employee of the	31294
department of rehabilitation and correction;	31295

(13) A violation of division (A)(1) or (2) of section 2903.06	31296
of the Revised Code if the victim of the offense is a peace	31297
officer, as defined in section 2935.01 of the Revised Code, or an	31298
investigator of the bureau of criminal identification and	31299
investigation, as defined in section 2903.11 of the Revised Code,	31300
with respect to the portion of the sentence imposed pursuant to	31301
division (B)(5) of section 2929.14 of the Revised Code;	31302

(14) A violation of division (A)(1) or (2) of section 2903.06	31303
of the Revised Code if the offender has been convicted of or	31304
pleaded guilty to three or more violations of division (A) or (B)	31305
of section 4511.19 of the Revised Code or an equivalent offense,	31306
as defined in section 2941.1415 of the Revised Code, or three or	31307
more violations of any combination of those divisions and	31308
offenses, with respect to the portion of the sentence imposed	31309
pursuant to division (B)(6) of section 2929.14 of the Revised	31310
Code;	31311

(15) Kidnapping, in the circumstances specified in section	31312
2971.03 of the Revised Code and when no other provision of	31313
division (F) of this section applies;	31314

(16) Kidnapping, abduction, compelling prostitution,	31315
promoting prostitution, engaging in a pattern of corrupt activity,	31316
illegal use of a minor in a nudity-oriented material or	31317
performance in violation of division (A)(1) or (2) of section	31318
2907.323 of the Revised Code, or endangering children in violation	31319
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	31320
the Revised Code, if the offender is convicted of or pleads guilty	31321
to a specification as described in section 2941.1422 of the	31322
Revised Code that was included in the indictment, count in the	31323
indictment, or information charging the offense;	31324

(17) A felony violation of division (A) or (B) of section	31325
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	31326
that section, and division (D)(6) of that section, require the	31327
imposition of a prison term;	31328

(18) A felony violation of section 2903.11, 2903.12, or	31329
2903.13 of the Revised Code, if the victim of the offense was a	31330
woman that the offender knew was pregnant at the time of the	31331
violation, with respect to a portion of the sentence imposed	31332
pursuant to division (B)(8) of section 2929.14 of the Revised	31333
Code.	31334

(G) Notwithstanding divisions (A) to (E) of this section, if	31335
an offender is being sentenced for a fourth degree felony OVI	31336
offense or for a third degree felony OVI offense, the court shall	31337
impose upon the offender a mandatory term of local incarceration	31338
or a mandatory prison term in accordance with the following:	31339

(1) If the offender is being sentenced for a fourth degree	31340
felony OVI offense and if the offender has not been convicted of	31341
and has not pleaded guilty to a specification of the type	31342
described in section 2941.1413 of the Revised Code, the court may	31343
impose upon the offender a mandatory term of local incarceration	31344
of sixty days or one hundred twenty days as specified in division	31345
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	31346
not reduce the term pursuant to section 2929.20, 2967.193, or any	31347
other provision of the Revised Code. The court that imposes a	31348
mandatory term of local incarceration under this division shall	31349
specify whether the term is to be served in a jail, a	31350
community-based correctional facility, a halfway house, or an	31351
alternative residential facility, and the offender shall serve the	31352
term in the type of facility specified by the court. A mandatory	31353
term of local incarceration imposed under division (G)(1) of this	31354
section is not subject to any other Revised Code provision that	31355
pertains to a prison term except as provided in division (A)(1) of	31356
this section.	31357

(2) If the offender is being sentenced for a third degree	31358
felony OVI offense, or if the offender is being sentenced for a	31359
fourth degree felony OVI offense and the court does not impose a	31360
mandatory term of local incarceration under division (G)(1) of	31361
this section, the court shall impose upon the offender a mandatory	31362
prison term of one, two, three, four, or five years if the	31363
offender also is convicted of or also pleads guilty to a	31364
specification of the type described in section 2941.1413 of the	31365
Revised Code or shall impose upon the offender a mandatory prison	31366
term of sixty days or one hundred twenty days as specified in	31367
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	31368
if the offender has not been convicted of and has not pleaded	31369
guilty to a specification of that type. Subject to divisions (C)	31370
to (I) of section 2967.19 of the Revised Code, the court shall not	31371
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	31372
any other provision of the Revised Code. The offender shall serve	31373
the one-, two-, three-, four-, or five-year mandatory prison term	31374
consecutively to and prior to the prison term imposed for the	31375
underlying offense and consecutively to any other mandatory prison	31376
term imposed in relation to the offense. In no case shall an	31377
offender who once has been sentenced to a mandatory term of local	31378
incarceration pursuant to division (G)(1) of this section for a	31379
fourth degree felony OVI offense be sentenced to another mandatory	31380
term of local incarceration under that division for any violation	31381
of division (A) of section 4511.19 of the Revised Code. In	31382
addition to the mandatory prison term described in division (G)(2)	31383
of this section, the court may sentence the offender to a	31384
community control sanction under section 2929.16 or 2929.17 of the	31385
Revised Code, but the offender shall serve the prison term prior	31386
to serving the community control sanction. The department of	31387
rehabilitation and correction may place an offender sentenced to a	31388
mandatory prison term under this division in an intensive program	31389
prison established pursuant to section 5120.033 of the Revised	31390
Code if the department gave the sentencing judge prior notice of	31391
its intent to place the offender in an intensive program prison	31392
established under that section and if the judge did not notify the	31393
department that the judge disapproved the placement. Upon the	31394
establishment of the initial intensive program prison pursuant to	31395
section 5120.033 of the Revised Code that is privately operated	31396
and managed by a contractor pursuant to a contract entered into	31397
under section 9.06 of the Revised Code, both of the following	31398
apply:	31399

(a) The department of rehabilitation and correction shall	31400
make a reasonable effort to ensure that a sufficient number of	31401
offenders sentenced to a mandatory prison term under this division	31402
are placed in the privately operated and managed prison so that	31403
the privately operated and managed prison has full occupancy.	31404

(b) Unless the privately operated and managed prison has full	31405
occupancy, the department of rehabilitation and correction shall	31406
not place any offender sentenced to a mandatory prison term under	31407
this division in any intensive program prison established pursuant	31408
to section 5120.033 of the Revised Code other than the privately	31409
operated and managed prison.	31410

(H) If an offender is being sentenced for a sexually oriented	31411
offense or child-victim oriented offense that is a felony	31412
committed on or after January 1, 1997, the judge shall require the	31413
offender to submit to a DNA specimen collection procedure pursuant	31414
to section 2901.07 of the Revised Code.	31415

(I) If an offender is being sentenced for a sexually oriented	31416
offense or a child-victim oriented offense committed on or after	31417
January 1, 1997, the judge shall include in the sentence a summary	31418
of the offender's duties imposed under sections 2950.04, 2950.041,	31419
2950.05, and 2950.06 of the Revised Code and the duration of the	31420
duties. The judge shall inform the offender, at the time of	31421
sentencing, of those duties and of their duration. If required	31422
under division (A)(2) of section 2950.03 of the Revised Code, the	31423
judge shall perform the duties specified in that section, or, if	31424
required under division (A)(6) of section 2950.03 of the Revised	31425
Code, the judge shall perform the duties specified in that	31426
division.	31427

(J)(1) Except as provided in division (J)(2) of this section,	31428
when considering sentencing factors under this section in relation	31429
to an offender who is convicted of or pleads guilty to an attempt	31430
to commit an offense in violation of section 2923.02 of the	31431
Revised Code, the sentencing court shall consider the factors	31432
applicable to the felony category of the violation of section	31433
2923.02 of the Revised Code instead of the factors applicable to	31434
the felony category of the offense attempted.	31435

(2) When considering sentencing factors under this section in	31436
relation to an offender who is convicted of or pleads guilty to an	31437
attempt to commit a drug abuse offense for which the penalty is	31438
determined by the amount or number of unit doses of the controlled	31439
substance involved in the drug abuse offense, the sentencing court	31440
shall consider the factors applicable to the felony category that	31441
the drug abuse offense attempted would be if that drug abuse	31442
offense had been committed and had involved an amount or number of	31443
unit doses of the controlled substance that is within the next	31444
lower range of controlled substance amounts than was involved in	31445
the attempt.	31446

(K) As used in this section:

31447

(1) "Drug abuse offense" has the same meaning as in section	31448
2925.01 of the Revised Code.	31449

(2) "Qualifying assault offense" means a violation of section	31450
2903.13 of the Revised Code for which the penalty provision in	31451
division (C)(7)(b) or (C)(8)(b) of that section applies.	31452

(L) At the time of sentencing an offender for any sexually	31453
oriented offense, if the offender is a tier III sex	31454
offender/child-victim offender relative to that offense and the	31455
offender does not serve a prison term or jail term, the court may	31456
require that the offender be monitored by means of a global	31457
positioning device. If the court requires such monitoring, the	31458
cost of monitoring shall be borne by the offender. If the offender	31459
is indigent, the cost of compliance shall be paid by the crime	31460
victims reparations fund.	31461

Sec. 2929.15. (A)(1) If in sentencing an offender for a	31462
felony the court is not required to impose a prison term, a	31463
mandatory prison term, or a term of life imprisonment upon the	31464
offender, the court may directly impose a sentence that consists	31465
of one or more community control sanctions authorized pursuant to	31466
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	31467
court is sentencing an offender for a fourth degree felony OVI	31468
offense under division (G)(1) of section 2929.13 of the Revised	31469
Code, in addition to the mandatory term of local incarceration	31470
imposed under that division and the mandatory fine required by	31471
division (B)(3) of section 2929.18 of the Revised Code, the court	31472
may impose upon the offender a community control sanction or	31473
combination of community control sanctions in accordance with	31474
sections 2929.16 and 2929.17 of the Revised Code. If the court is	31475
sentencing an offender for a third or fourth degree felony OVI	31476
offense under division (G)(2) of section 2929.13 of the Revised	31477
Code, in addition to the mandatory prison term or mandatory prison	31478
term and additional prison term imposed under that division, the	31479
court also may impose upon the offender a community control	31480
sanction or combination of community control sanctions under	31481
section 2929.16 or 2929.17 of the Revised Code, but the offender	31482
shall serve all of the prison terms so imposed prior to serving	31483
the community control sanction.	31484

The duration of all community control sanctions imposed upon	31485
an offender under this division shall not exceed five years. If	31486
the offender absconds or otherwise leaves the jurisdiction of the	31487
court in which the offender resides without obtaining permission	31488
from the court or the offender's probation officer to leave the	31489
jurisdiction of the court, or if the offender is confined in any	31490
institution for the commission of any offense while under a	31491
community control sanction, the period of the community control	31492
sanction ceases to run until the offender is brought before the	31493
court for its further action. If the court sentences the offender	31494
to one or more nonresidential sanctions under section 2929.17 of	31495
the Revised Code, the court shall impose as a condition of the	31496
nonresidential sanctions that, during the period of the sanctions,	31497
the offender must abide by the law and must not leave the state	31498
without the permission of the court or the offender's probation	31499
officer. The court may impose any other conditions of release	31500
under a community control sanction that the court considers	31501
appropriate, including, but not limited to, requiring that the	31502
offender not ingest or be injected with a drug of abuse and submit	31503
to random drug testing as provided in division (D) of this section	31504
to determine whether the offender ingested or was injected with a	31505
drug of abuse and requiring that the results of the drug test	31506
indicate that the offender did not ingest or was not injected with	31507
a drug of abuse.	31508

(2)(a) If a court sentences an offender to any community	31509
control sanction or combination of community control sanctions	31510
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	31511
Revised Code, the court shall place the offender under the general	31512
control and supervision of a department of probation in the county	31513
that serves the court for purposes of reporting to the court a	31514
violation of any condition of the sanctions, any condition of	31515
release under a community control sanction imposed by the court, a	31516
violation of law, or the departure of the offender from this state	31517
without the permission of the court or the offender's probation	31518
officer. Alternatively, if the offender resides in another county	31519
and a county department of probation has been established in that	31520
county or that county is served by a multicounty probation	31521
department established under section 2301.27 of the Revised Code,	31522
the court may request the court of common pleas of that county to	31523
receive the offender into the general control and supervision of	31524
that county or multicounty department of probation for purposes of	31525
reporting to the court a violation of any condition of the	31526
sanctions, any condition of release under a community control	31527
sanction imposed by the court, a violation of law, or the	31528
departure of the offender from this state without the permission	31529
of the court or the offender's probation officer, subject to the	31530
jurisdiction of the trial judge over and with respect to the	31531
person of the offender, and to the rules governing that department	31532
of probation.	31533

If there is no department of probation in the county that	31534
serves the court, the court shall place the offender, regardless	31535
of the offender's county of residence, under the general control	31536
and supervision of the adult parole authority for purposes of	31537
reporting to the court a violation of any of the sanctions, any	31538
condition of release under a community control sanction imposed by	31539
the court, a violation of law, or the departure of the offender	31540
from this state without the permission of the court or the	31541
offender's probation officer.	31542

(b) If the court imposing sentence upon an offender sentences	31543
the offender to any community control sanction or combination of	31544
community control sanctions authorized pursuant to section	31545
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	31546
offender violates any condition of the sanctions, any condition of	31547
release under a community control sanction imposed by the court,	31548
violates any law, or departs the state without the permission of	31549
the court or the offender's probation officer, the public or	31550
private person or entity that operates or administers the sanction	31551
or the program or activity that comprises the sanction shall	31552
report the violation or departure directly to the sentencing	31553
court, or shall report the violation or departure to the county or	31554
multicounty department of probation with general control and	31555
supervision over the offender under division (A)(2)(a) of this	31556
section or the officer of that department who supervises the	31557
offender, or, if there is no such department with general control	31558
and supervision over the offender under that division, to the	31559
adult parole authority. If the public or private person or entity	31560
that operates or administers the sanction or the program or	31561
activity that comprises the sanction reports the violation or	31562
departure to the county or multicounty department of probation or	31563
the adult parole authority, the department's or authority's	31564
officers may treat the offender as if the offender were on	31565
probation and in violation of the probation, and shall report the	31566
violation of the condition of the sanction, any condition of	31567
release under a community control sanction imposed by the court,	31568
the violation of law, or the departure from the state without the	31569
required permission to the sentencing court.	31570

(3) If an offender who is eligible for community control	31571
sanctions under this section admits to being drug addicted or the	31572
court has reason to believe that the offender is drug addicted,	31573
and if the offense for which the offender is being sentenced was	31574
related to the addiction, the court may require that the offender	31575
be assessed by a properly credentialed professional within a	31576
specified period of time and shall require the professional to	31577
file a written assessment of the offender with the court. If a	31578
court imposes treatment and recovery support services as a	31579
community control sanction, the court shall direct the level and	31580
type of treatment and recovery support services after	31581
consideration of the written assessment, if available at the time	31582
of sentencing, and recommendations of the professional and other	31583
treatment and recovery support services providers.	31584

(4) If an assessment completed pursuant to division (A)(3) of	31585
this section indicates that the offender is addicted to drugs or	31586
alcohol, the court may include in any community control sanction	31587
imposed for a violation of section 2925.02, 2925.03, 2925.04,	31588
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	31589
2925.37 of the Revised Code a requirement that the offender	31590
participate in a treatment and recovery support services program	31591
certified under section ~~3793.06~~5119.36 of the Revised Code or	31592
offered by another properly credentialed ~~program~~community	31593
addiction services provider.	31594

(B)(1) If the conditions of a community control sanction are	31595
violated or if the offender violates a law or leaves the state	31596
without the permission of the court or the offender's probation	31597
officer, the sentencing court may impose upon the violator one or	31598
more of the following penalties:	31599

(a) A longer time under the same sanction if the total time	31600
under the sanctions does not exceed the five-year limit specified	31601
in division (A) of this section;	31602

(b) A more restrictive sanction under section 2929.16,	31603
2929.17, or 2929.18 of the Revised Code;	31604

(c) A prison term on the offender pursuant to section 2929.14	31605
of the Revised Code.	31606

(2) The prison term, if any, imposed upon a violator pursuant	31607
to this division shall be within the range of prison terms	31608
available for the offense for which the sanction that was violated	31609
was imposed and shall not exceed the prison term specified in the	31610
notice provided to the offender at the sentencing hearing pursuant	31611
to division (B)(2) of section 2929.19 of the Revised Code. The	31612
court may reduce the longer period of time that the offender is	31613
required to spend under the longer sanction, the more restrictive	31614
sanction, or a prison term imposed pursuant to this division by	31615
the time the offender successfully spent under the sanction that	31616
was initially imposed.	31617

(C) If an offender, for a significant period of time,	31618
fulfills the conditions of a sanction imposed pursuant to section	31619
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	31620
manner, the court may reduce the period of time under the sanction	31621
or impose a less restrictive sanction, but the court shall not	31622
permit the offender to violate any law or permit the offender to	31623
leave the state without the permission of the court or the	31624
offender's probation officer.	31625

(D)(1) If a court under division (A)(1) of this section	31626
imposes a condition of release under a community control sanction	31627
that requires the offender to submit to random drug testing, the	31628
department of probation or the adult parole authority that has	31629
general control and supervision of the offender under division	31630
(A)(2)(a) of this section may cause the offender to submit to	31631
random drug testing performed by a laboratory or entity that has	31632
entered into a contract with any of the governmental entities or	31633
officers authorized to enter into a contract with that laboratory	31634
or entity under section 341.26, 753.33, or 5120.63 of the Revised	31635
Code.	31636

(2) If no laboratory or entity described in division (D)(1)	31637
of this section has entered into a contract as specified in that	31638
division, the department of probation or the adult parole	31639
authority that has general control and supervision of the offender	31640
under division (A)(2)(a) of this section shall cause the offender	31641
to submit to random drug testing performed by a reputable public	31642
laboratory to determine whether the individual who is the subject	31643
of the drug test ingested or was injected with a drug of abuse.	31644

(3) A laboratory or entity that has entered into a contract	31645
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	31646
shall perform the random drug tests under division (D)(1) of this	31647
section in accordance with the applicable standards that are	31648
included in the terms of that contract. A public laboratory shall	31649
perform the random drug tests under division (D)(2) of this	31650
section in accordance with the standards set forth in the policies	31651
and procedures established by the department of rehabilitation and	31652
correction pursuant to section 5120.63 of the Revised Code. An	31653
offender who is required under division (A)(1) of this section to	31654
submit to random drug testing as a condition of release under a	31655
community control sanction and whose test results indicate that	31656
the offender ingested or was injected with a drug of abuse shall	31657
pay the fee for the drug test if the department of probation or	31658
the adult parole authority that has general control and	31659
supervision of the offender requires payment of a fee. A	31660
laboratory or entity that performs the random drug testing on an	31661
offender under division (D)(1) or (2) of this section shall	31662
transmit the results of the drug test to the appropriate	31663
department of probation or the adult parole authority that has	31664
general control and supervision of the offender under division	31665
(A)(2)(a) of this section.	31666

Sec. 2930.01. As used in this chapter:

31667

(A) "Crime" means any of the following:

31668

(1) A felony;

31669

(2) A violation of section 2903.05, 2903.06, 2903.13,	31670
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	31671
Revised Code, a violation of section 2903.07 of the Revised Code	31672
as it existed prior to March 23, 2000, or a violation of a	31673
substantially equivalent municipal ordinance;	31674

(3) A violation of division (A) or (B) of section 4511.19,	31675
division (A) or (B) of section 1547.11, or division (A)(3) of	31676
section 4561.15 of the Revised Code or of a municipal ordinance	31677
substantially similar to any of those divisions that is the	31678
proximate cause of a vehicle, streetcar, trackless trolley,	31679
aquatic device, or aircraft accident in which the victim receives	31680
injuries for which the victim receives medical treatment either at	31681
the scene of the accident by emergency medical services personnel	31682
or at a hospital, ambulatory care facility, physician's office,	31683
specialist's office, or other medical care facility.	31684

(4) A motor vehicle accident to which both of the following	31685
apply:	31686

(a) The motor vehicle accident is caused by a violation of a	31687
provision of the Revised Code that is a misdemeanor of the first	31688
degree or higher.	31689

(b) As a result of the motor vehicle accident, the victim	31690
receives injuries for which the victim receives medical treatment	31691
either at the scene of the accident by emergency medical services	31692
personnel or at a hospital, ambulatory care facility, physician's	31693
office, specialist's office, or other medical care facility.	31694

(B) "Custodial agency" means one of the following:

31695

(1) The entity that has custody of a defendant or an alleged	31696
juvenile offender who is incarcerated for a crime, is under	31697
detention for the commission of a specified delinquent act, or who	31698
is detained after a finding of incompetence to stand trial or not	31699
guilty by reason of insanity relative to a crime, including any of	31700
the following:	31701

(a) The department of rehabilitation and correction or the	31702
adult parole authority;	31703

(b) A county sheriff;

31704

(c) The entity that administers a jail, as defined in section	31705
2929.01 of the Revised Code;	31706

(d) The entity that administers a community-based	31707
correctional facility and program or a district community-based	31708
correctional facility and program;	31709

(e) The department of ~~mental health~~mental health and	31710
addiction services or other entity to which a defendant found	31711
incompetent to stand trial or not guilty by reason of insanity is	31712
committed.	31713

(2) The entity that has custody of an alleged juvenile	31714
offender pursuant to an order of disposition of a juvenile court,	31715
including the department of youth services or a school, camp,	31716
institution, or other facility operated for the care of delinquent	31717
children.	31718

(C) "Defendant" means a person who is alleged to be the	31719
perpetrator of a crime in a police report or in a complaint,	31720
indictment, or information that charges the commission of a crime	31721
and that provides the basis for the criminal prosecution and	31722
subsequent proceedings to which this chapter makes reference.	31723

(D) "Member of the victim's family" means a spouse, child,	31724
stepchild, sibling, parent, stepparent, grandparent, or other	31725
relative of a victim but does not include a person who is charged	31726
with, convicted of, or adjudicated to be a delinquent child for	31727
the crime or specified delinquent act against the victim or	31728
another crime or specified delinquent act arising from the same	31729
conduct, criminal episode, or plan.	31730

(E) "Prosecutor" means one of the following:

31731

(1) With respect to a criminal case, it has the same meaning	31732
as in section 2935.01 of the Revised Code and also includes the	31733
attorney general and, when appropriate, the employees of any	31734
person listed in section 2935.01 of the Revised Code or of the	31735
attorney general.	31736

(2) With respect to a delinquency proceeding, it includes any	31737
person listed in division (C) of section 2935.01 of the Revised	31738
Code or an employee of a person listed in that division who	31739
prosecutes a delinquency proceeding.	31740

(F) "Public agency" means an office, agency, department,	31741
bureau, or other governmental entity of the state or of a	31742
political subdivision of the state.	31743

(G) "Public official" has the same meaning as in section	31744
2921.01 of the Revised Code.	31745

(H) "Victim" means either of the following:

31746

(1) A person who is identified as the victim of a crime or	31747
specified delinquent act in a police report or in a complaint,	31748
indictment, or information that charges the commission of a crime	31749
and that provides the basis for the criminal prosecution or	31750
delinquency proceeding and subsequent proceedings to which this	31751
chapter makes reference.	31752

(2) A person who receives injuries as a result of a vehicle,	31753
streetcar, trackless trolley, aquatic device, or aircraft accident	31754
that is proximately caused by a violation described in division	31755
(A)(3) of this section or a motor vehicle accident that is	31756
proximately caused by a violation described in division (A)(4) of	31757
this section and who receives medical treatment as described in	31758
division (A)(3) or (4) of this section, whichever is applicable.	31759

(I) "Victim's representative" means a member of the victim's	31760
family or another person who pursuant to the authority of section	31761
2930.02 of the Revised Code exercises the rights of a victim under	31762
this chapter.	31763

(J) "Court" means a court of common pleas, juvenile court,	31764
municipal court, or county court.	31765

(K) "Delinquency proceeding" means all proceedings in a	31766
juvenile court that are related to a case in which a complaint has	31767
been filed alleging that a child is a delinquent child.	31768

(L) "Case" means a delinquency proceeding and all related	31769
activity or a criminal prosecution and all related activity.	31770

(M) The "defense" means the defense against criminal charges	31771
in a criminal prosecution or the defense against a delinquent	31772
child complaint in a delinquency proceeding.	31773

(N) The "prosecution" means the prosecution of criminal	31774
charges in a criminal prosecution or the prosecution of a	31775
delinquent child complaint in a delinquency proceeding.	31776

(O) "Specified delinquent act" means any of the following:

31777

(1) An act committed by a child that if committed by an adult	31778
would be a felony;	31779

(2) An act committed by a child that is a violation of a	31780
section listed in division (A)(1) or (2) of this section or is a	31781
violation of a substantially equivalent municipal ordinance;	31782

(3) An act committed by a child that is described in division	31783
(A)(3) or (4) of this section.	31784

(P)(1) "Alleged juvenile offender" means a child who is	31785
alleged to have committed a specified delinquent act in a police	31786
report or in a complaint in juvenile court that charges the	31787
commission of a specified delinquent act and that provides the	31788
basis for the delinquency proceeding and all subsequent	31789
proceedings to which this chapter makes reference.	31790

(2) As used in divisions (O) and (P)(1) of this section,	31791
"child" has the same meaning as in section 2151.011 of the Revised	31792
Code.	31793

(Q) "Motor vehicle accident" means any accident involving a	31794
motor vehicle.	31795

(R) "Motor vehicle" has the same meaning as in section	31796
4509.01 of the Revised Code.	31797

(S) "Aircraft" has the same meaning as in section 4561.01 of	31798
the Revised Code.	31799

(T) "Aquatic device" means any vessel, or any water skis,	31800
aquaplane, or similar device.	31801

(U) "Vehicle," "streetcar," and "trackless trolley" have the	31802
same meanings as in section 4511.01 of the Revised Code.	31803

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	31804
or aircraft accident" means any accident involving a vehicle,	31805
streetcar, trackless trolley, aquatic device, or aircraft.	31806

(W) "Vessel" has the same meaning as in section 1547.01 of	31807
the Revised Code.	31808

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	31809
deputy marshal, municipal police officer, township constable,	31810
police officer of a township or joint police district, member of a	31811
police force employed by a metropolitan housing authority under	31812
division (D) of section 3735.31 of the Revised Code, member of a	31813
police force employed by a regional transit authority under	31814
division (Y) of section 306.35 of the Revised Code, state	31815
university law enforcement officer appointed under section 3345.04	31816
of the Revised Code, veterans' home police officer appointed under	31817
section 5907.02 of the Revised Code, special police officer	31818
employed by a port authority under section 4582.04 or 4582.28 of	31819
the Revised Code, or a special police officer employed by a	31820
municipal corporation at a municipal airport, or other municipal	31821
air navigation facility, that has scheduled operations, as defined	31822
in section 119.3 of Title 14 of the Code of Federal Regulations,	31823
14 C.F.R. 119.3, as amended, and that is required to be under a	31824
security program and is governed by aviation security rules of the	31825
transportation security administration of the United States	31826
department of transportation as provided in Parts 1542. and 1544.	31827
of Title 49 of the Code of Federal Regulations, as amended, shall	31828
arrest and detain, until a warrant can be obtained, a person found	31829
violating, within the limits of the political subdivision,	31830
metropolitan housing authority housing project, regional transit	31831
authority facilities or areas of a municipal corporation that have	31832
been agreed to by a regional transit authority and a municipal	31833
corporation located within its territorial jurisdiction, college,	31834
university, veterans' home operated under Chapter 5907. of the	31835
Revised Code, port authority, or municipal airport or other	31836
municipal air navigation facility, in which the peace officer is	31837
appointed, employed, or elected, a law of this state, an ordinance	31838
of a municipal corporation, or a resolution of a township.	31839

(2) A peace officer of the department of natural resources, a	31840
state fire marshal law enforcement officer described in division	31841
(A)(23) of section 109.71 of the Revised Code, or an individual	31842
designated to perform law enforcement duties under section	31843
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	31844
detain, until a warrant can be obtained, a person found violating,	31845
within the limits of the peace officer's, state fire marshal law	31846
enforcement officer's, or individual's territorial jurisdiction, a	31847
law of this state.	31848

(3) The house sergeant at arms, if the house sergeant at arms	31849
has arrest authority pursuant to division (E)(1) of section	31850
101.311 of the Revised Code, and an assistant house sergeant at	31851
arms shall arrest and detain, until a warrant can be obtained, a	31852
person found violating, within the limits of the sergeant at	31853
arms's or assistant sergeant at arms's territorial jurisdiction	31854
specified in division (D)(1)(a) of section 101.311 of the Revised	31855
Code or while providing security pursuant to division (D)(1)(f) of	31856
section 101.311 of the Revised Code, a law of this state, an	31857
ordinance of a municipal corporation, or a resolution of a	31858
township.	31859

(4) The senate sergeant at arms and an assistant senate	31860
sergeant at arms shall arrest and detain, until a warrant can be	31861
obtained, a person found violating, within the limits of the	31862
sergeant at arms's or assistant sergeant at arms's territorial	31863
jurisdiction specified in division (B) of section 101.312 of the	31864
Revised Code, a law of this state, an ordinance of a municipal	31865
corporation, or a resolution of a township.	31866

(B)(1) When there is reasonable ground to believe that an	31867
offense of violence, the offense of criminal child enticement as	31868
defined in section 2905.05 of the Revised Code, the offense of	31869
public indecency as defined in section 2907.09 of the Revised	31870
Code, the offense of domestic violence as defined in section	31871
2919.25 of the Revised Code, the offense of violating a protection	31872
order as defined in section 2919.27 of the Revised Code, the	31873
offense of menacing by stalking as defined in section 2903.211 of	31874
the Revised Code, the offense of aggravated trespass as defined in	31875
section 2911.211 of the Revised Code, a theft offense as defined	31876
in section 2913.01 of the Revised Code, or a felony drug abuse	31877
offense as defined in section 2925.01 of the Revised Code, has	31878
been committed within the limits of the political subdivision,	31879
metropolitan housing authority housing project, regional transit	31880
authority facilities or those areas of a municipal corporation	31881
that have been agreed to by a regional transit authority and a	31882
municipal corporation located within its territorial jurisdiction,	31883
college, university, veterans' home operated under Chapter 5907.	31884
of the Revised Code, port authority, or municipal airport or other	31885
municipal air navigation facility, in which the peace officer is	31886
appointed, employed, or elected or within the limits of the	31887
territorial jurisdiction of the peace officer, a peace officer	31888
described in division (A) of this section may arrest and detain	31889
until a warrant can be obtained any person who the peace officer	31890
has reasonable cause to believe is guilty of the violation.	31891

(2) For purposes of division (B)(1) of this section, the	31892
execution of any of the following constitutes reasonable ground to	31893
believe that the offense alleged in the statement was committed	31894
and reasonable cause to believe that the person alleged in the	31895
statement to have committed the offense is guilty of the	31896
violation:	31897

(a) A written statement by a person alleging that an alleged	31898
offender has committed the offense of menacing by stalking or	31899
aggravated trespass;	31900

(b) A written statement by the administrator of the	31901
interstate compact on mental health appointed under section	31902
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	31903
been hospitalized, institutionalized, or confined in any facility	31904
under an order made pursuant to or under authority of section	31905
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	31906
2945.402 of the Revised Code has escaped from the facility, from	31907
confinement in a vehicle for transportation to or from the	31908
facility, or from supervision by an employee of the facility that	31909
is incidental to hospitalization, institutionalization, or	31910
confinement in the facility and that occurs outside of the	31911
facility, in violation of section 2921.34 of the Revised Code;	31912

(c) A written statement by the administrator of any facility	31913
in which a person has been hospitalized, institutionalized, or	31914
confined under an order made pursuant to or under authority of	31915
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	31916
2945.402 of the Revised Code alleging that the person has escaped	31917
from the facility, from confinement in a vehicle for	31918
transportation to or from the facility, or from supervision by an	31919
employee of the facility that is incidental to hospitalization,	31920
institutionalization, or confinement in the facility and that	31921
occurs outside of the facility, in violation of section 2921.34 of	31922
the Revised Code.	31923

(3)(a) For purposes of division (B)(1) of this section, a	31924
peace officer described in division (A) of this section has	31925
reasonable grounds to believe that the offense of domestic	31926
violence or the offense of violating a protection order has been	31927
committed and reasonable cause to believe that a particular person	31928
is guilty of committing the offense if any of the following	31929
occurs:	31930

(i) A person executes a written statement alleging that the	31931
person in question has committed the offense of domestic violence	31932
or the offense of violating a protection order against the person	31933
who executes the statement or against a child of the person who	31934
executes the statement.	31935

(ii) No written statement of the type described in division	31936
(B)(3)(a)(i) of this section is executed, but the peace officer,	31937
based upon the peace officer's own knowledge and observation of	31938
the facts and circumstances of the alleged incident of the offense	31939
of domestic violence or the alleged incident of the offense of	31940
violating a protection order or based upon any other information,	31941
including, but not limited to, any reasonably trustworthy	31942
information given to the peace officer by the alleged victim of	31943
the alleged incident of the offense or any witness of the alleged	31944
incident of the offense, concludes that there are reasonable	31945
grounds to believe that the offense of domestic violence or the	31946
offense of violating a protection order has been committed and	31947
reasonable cause to believe that the person in question is guilty	31948
of committing the offense.	31949

(iii) No written statement of the type described in division	31950
(B)(3)(a)(i) of this section is executed, but the peace officer	31951
witnessed the person in question commit the offense of domestic	31952
violence or the offense of violating a protection order.	31953

(b) If pursuant to division (B)(3)(a) of this section a peace	31954
officer has reasonable grounds to believe that the offense of	31955
domestic violence or the offense of violating a protection order	31956
has been committed and reasonable cause to believe that a	31957
particular person is guilty of committing the offense, it is the	31958
preferred course of action in this state that the officer arrest	31959
and detain that person pursuant to division (B)(1) of this section	31960
until a warrant can be obtained.	31961

If pursuant to division (B)(3)(a) of this section a peace	31962
officer has reasonable grounds to believe that the offense of	31963
domestic violence or the offense of violating a protection order	31964
has been committed and reasonable cause to believe that family or	31965
household members have committed the offense against each other,	31966
it is the preferred course of action in this state that the	31967
officer, pursuant to division (B)(1) of this section, arrest and	31968
detain until a warrant can be obtained the family or household	31969
member who committed the offense and whom the officer has	31970
reasonable cause to believe is the primary physical aggressor.	31971
There is no preferred course of action in this state regarding any	31972
other family or household member who committed the offense and	31973
whom the officer does not have reasonable cause to believe is the	31974
primary physical aggressor, but, pursuant to division (B)(1) of	31975
this section, the peace officer may arrest and detain until a	31976
warrant can be obtained any other family or household member who	31977
committed the offense and whom the officer does not have	31978
reasonable cause to believe is the primary physical aggressor.	31979

(c) If a peace officer described in division (A) of this	31980
section does not arrest and detain a person whom the officer has	31981
reasonable cause to believe committed the offense of domestic	31982
violence or the offense of violating a protection order when it is	31983
the preferred course of action in this state pursuant to division	31984
(B)(3)(b) of this section that the officer arrest that person, the	31985
officer shall articulate in the written report of the incident	31986
required by section 2935.032 of the Revised Code a clear statement	31987
of the officer's reasons for not arresting and detaining that	31988
person until a warrant can be obtained.	31989

(d) In determining for purposes of division (B)(3)(b) of this	31990
section which family or household member is the primary physical	31991
aggressor in a situation in which family or household members have	31992
committed the offense of domestic violence or the offense of	31993
violating a protection order against each other, a peace officer	31994
described in division (A) of this section, in addition to any	31995
other relevant circumstances, should consider all of the	31996
following:	31997

(i) Any history of domestic violence or of any other violent	31998
acts by either person involved in the alleged offense that the	31999
officer reasonably can ascertain;	32000

(ii) If violence is alleged, whether the alleged violence was	32001
caused by a person acting in self-defense;	32002

(iii) Each person's fear of physical harm, if any, resulting	32003
from the other person's threatened use of force against any person	32004
or resulting from the other person's use or history of the use of	32005
force against any person, and the reasonableness of that fear;	32006

(iv) The comparative severity of any injuries suffered by the	32007
persons involved in the alleged offense.	32008

(e)(i) A peace officer described in division (A) of this	32009
section shall not require, as a prerequisite to arresting or	32010
charging a person who has committed the offense of domestic	32011
violence or the offense of violating a protection order, that the	32012
victim of the offense specifically consent to the filing of	32013
charges against the person who has committed the offense or sign a	32014
complaint against the person who has committed the offense.	32015

(ii) If a person is arrested for or charged with committing	32016
the offense of domestic violence or the offense of violating a	32017
protection order and if the victim of the offense does not	32018
cooperate with the involved law enforcement or prosecuting	32019
authorities in the prosecution of the offense or, subsequent to	32020
the arrest or the filing of the charges, informs the involved law	32021
enforcement or prosecuting authorities that the victim does not	32022
wish the prosecution of the offense to continue or wishes to drop	32023
charges against the alleged offender relative to the offense, the	32024
involved prosecuting authorities, in determining whether to	32025
continue with the prosecution of the offense or whether to dismiss	32026
charges against the alleged offender relative to the offense and	32027
notwithstanding the victim's failure to cooperate or the victim's	32028
wishes, shall consider all facts and circumstances that are	32029
relevant to the offense, including, but not limited to, the	32030
statements and observations of the peace officers who responded to	32031
the incident that resulted in the arrest or filing of the charges	32032
and of all witnesses to that incident.	32033

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	32034
this section whether to arrest a person pursuant to division	32035
(B)(1) of this section, a peace officer described in division (A)	32036
of this section shall not consider as a factor any possible	32037
shortage of cell space at the detention facility to which the	32038
person will be taken subsequent to the person's arrest or any	32039
possibility that the person's arrest might cause, contribute to,	32040
or exacerbate overcrowding at that detention facility or at any	32041
other detention facility.	32042

(g) If a peace officer described in division (A) of this	32043
section intends pursuant to divisions (B)(3)(a) to (g) of this	32044
section to arrest a person pursuant to division (B)(1) of this	32045
section and if the officer is unable to do so because the person	32046
is not present, the officer promptly shall seek a warrant for the	32047
arrest of the person.	32048

(h) If a peace officer described in division (A) of this	32049
section responds to a report of an alleged incident of the offense	32050
of domestic violence or an alleged incident of the offense of	32051
violating a protection order and if the circumstances of the	32052
incident involved the use or threatened use of a deadly weapon or	32053
any person involved in the incident brandished a deadly weapon	32054
during or in relation to the incident, the deadly weapon that was	32055
used, threatened to be used, or brandished constitutes contraband,	32056
and, to the extent possible, the officer shall seize the deadly	32057
weapon as contraband pursuant to Chapter 2981. of the Revised	32058
Code. Upon the seizure of a deadly weapon pursuant to division	32059
(B)(3)(h) of this section, section 2981.12 of the Revised Code	32060
shall apply regarding the treatment and disposition of the deadly	32061
weapon. For purposes of that section, the "underlying criminal	32062
offense" that was the basis of the seizure of a deadly weapon	32063
under division (B)(3)(h) of this section and to which the deadly	32064
weapon had a relationship is any of the following that is	32065
applicable:	32066

(i) The alleged incident of the offense of domestic violence	32067
or the alleged incident of the offense of violating a protection	32068
order to which the officer who seized the deadly weapon responded;	32069

(ii) Any offense that arose out of the same facts and	32070
circumstances as the report of the alleged incident of the offense	32071
of domestic violence or the alleged incident of the offense of	32072
violating a protection order to which the officer who seized the	32073
deadly weapon responded.	32074

(4) If, in the circumstances described in divisions (B)(3)(a)	32075
to (g) of this section, a peace officer described in division (A)	32076
of this section arrests and detains a person pursuant to division	32077
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	32078
this section, a peace officer described in division (A) of this	32079
section seizes a deadly weapon, the officer, to the extent	32080
described in and in accordance with section 9.86 or 2744.03 of the	32081
Revised Code, is immune in any civil action for damages for	32082
injury, death, or loss to person or property that arises from or	32083
is related to the arrest and detention or the seizure.	32084

(C) When there is reasonable ground to believe that a	32085
violation of division (A)(1), (2), (3), (4), or (5) of section	32086
4506.15 or a violation of section 4511.19 of the Revised Code has	32087
been committed by a person operating a motor vehicle subject to	32088
regulation by the public utilities commission of Ohio under Title	32089
XLIX of the Revised Code, a peace officer with authority to	32090
enforce that provision of law may stop or detain the person whom	32091
the officer has reasonable cause to believe was operating the	32092
motor vehicle in violation of the division or section and, after	32093
investigating the circumstances surrounding the operation of the	32094
vehicle, may arrest and detain the person.	32095

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	32096
municipal police officer, member of a police force employed by a	32097
metropolitan housing authority under division (D) of section	32098
3735.31 of the Revised Code, member of a police force employed by	32099
a regional transit authority under division (Y) of section 306.35	32100
of the Revised Code, special police officer employed by a port	32101
authority under section 4582.04 or 4582.28 of the Revised Code,	32102
special police officer employed by a municipal corporation at a	32103
municipal airport or other municipal air navigation facility	32104
described in division (A) of this section, township constable,	32105
police officer of a township or joint police district, state	32106
university law enforcement officer appointed under section 3345.04	32107
of the Revised Code, peace officer of the department of natural	32108
resources, individual designated to perform law enforcement duties	32109
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	32110
the house sergeant at arms if the house sergeant at arms has	32111
arrest authority pursuant to division (E)(1) of section 101.311 of	32112
the Revised Code, or an assistant house sergeant at arms is	32113
authorized by division (A) or (B) of this section to arrest and	32114
detain, within the limits of the political subdivision,	32115
metropolitan housing authority housing project, regional transit	32116
authority facilities or those areas of a municipal corporation	32117
that have been agreed to by a regional transit authority and a	32118
municipal corporation located within its territorial jurisdiction,	32119
port authority, municipal airport or other municipal air	32120
navigation facility, college, or university in which the officer	32121
is appointed, employed, or elected or within the limits of the	32122
territorial jurisdiction of the peace officer, a person until a	32123
warrant can be obtained, the peace officer, outside the limits of	32124
that territory, may pursue, arrest, and detain that person until a	32125
warrant can be obtained if all of the following apply:	32126

(1) The pursuit takes place without unreasonable delay after	32127
the offense is committed;	32128

(2) The pursuit is initiated within the limits of the	32129
political subdivision, metropolitan housing authority housing	32130
project, regional transit authority facilities or those areas of a	32131
municipal corporation that have been agreed to by a regional	32132
transit authority and a municipal corporation located within its	32133
territorial jurisdiction, port authority, municipal airport or	32134
other municipal air navigation facility, college, or university in	32135
which the peace officer is appointed, employed, or elected or	32136
within the limits of the territorial jurisdiction of the peace	32137
officer;	32138

(3) The offense involved is a felony, a misdemeanor of the	32139
first degree or a substantially equivalent municipal ordinance, a	32140
misdemeanor of the second degree or a substantially equivalent	32141
municipal ordinance, or any offense for which points are	32142
chargeable pursuant to section 4510.036 of the Revised Code.	32143

(E) In addition to the authority granted under division (A)	32144
or (B) of this section:	32145

(1) A sheriff or deputy sheriff may arrest and detain, until	32146
a warrant can be obtained, any person found violating section	32147
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	32148
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	32149
portion of any street or highway that is located immediately	32150
adjacent to the boundaries of the county in which the sheriff or	32151
deputy sheriff is elected or appointed.	32152

(2) A member of the police force of a township police	32153
district created under section 505.48 of the Revised Code, a	32154
member of the police force of a joint police district created	32155
under section 505.482 of the Revised Code, or a township constable	32156
appointed in accordance with section 509.01 of the Revised Code,	32157
who has received a certificate from the Ohio peace officer	32158
training commission under section 109.75 of the Revised Code, may	32159
arrest and detain, until a warrant can be obtained, any person	32160
found violating any section or chapter of the Revised Code listed	32161
in division (E)(1) of this section, other than sections 4513.33	32162
and 4513.34 of the Revised Code, on the portion of any street or	32163
highway that is located immediately adjacent to the boundaries of	32164
the township police district or joint police district, in the case	32165
of a member of a township police district or joint police district	32166
police force, or the unincorporated territory of the township, in	32167
the case of a township constable. However, if the population of	32168
the township that created the township police district served by	32169
the member's police force, or the townships and municipal	32170
corporations that created the joint police district served by the	32171
member's police force, or the township that is served by the	32172
township constable, is sixty thousand or less, the member of the	32173
township police district or joint police district police force or	32174
the township constable may not make an arrest under division	32175
(E)(2) of this section on a state highway that is included as part	32176
of the interstate system.	32177

(3) A police officer or village marshal appointed, elected,	32178
or employed by a municipal corporation may arrest and detain,	32179
until a warrant can be obtained, any person found violating any	32180
section or chapter of the Revised Code listed in division (E)(1)	32181
of this section on the portion of any street or highway that is	32182
located immediately adjacent to the boundaries of the municipal	32183
corporation in which the police officer or village marshal is	32184
appointed, elected, or employed.	32185

(4) A peace officer of the department of natural resources, a	32186
state fire marshal law enforcement officer described in division	32187
(A)(23) of section 109.71 of the Revised Code, or an individual	32188
designated to perform law enforcement duties under section	32189
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	32190
detain, until a warrant can be obtained, any person found	32191
violating any section or chapter of the Revised Code listed in	32192
division (E)(1) of this section, other than sections 4513.33 and	32193
4513.34 of the Revised Code, on the portion of any street or	32194
highway that is located immediately adjacent to the boundaries of	32195
the lands and waters that constitute the territorial jurisdiction	32196
of the peace officer or state fire marshal law enforcement	32197
officer.	32198

(F)(1) A department of ~~mental health~~mental health and	32199
addiction services special police officer or a department of	32200
developmental disabilities special police officer may arrest	32201
without a warrant and detain until a warrant can be obtained any	32202
person found committing on the premises of any institution under	32203
the jurisdiction of the particular department a misdemeanor under	32204
a law of the state.	32205

A department of ~~mental health~~mental health and addiction	32206
services special police officer or a department of developmental	32207
disabilities special police officer may arrest without a warrant	32208
and detain until a warrant can be obtained any person who has been	32209
hospitalized, institutionalized, or confined in an institution	32210
under the jurisdiction of the particular department pursuant to or	32211
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	32212
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	32213
found committing on the premises of any institution under the	32214
jurisdiction of the particular department a violation of section	32215
2921.34 of the Revised Code that involves an escape from the	32216
premises of the institution.	32217

(2)(a) If a department of ~~mental health~~mental health and	32218
addiction services special police officer or a department of	32219
developmental disabilities special police officer finds any person	32220
who has been hospitalized, institutionalized, or confined in an	32221
institution under the jurisdiction of the particular department	32222
pursuant to or under authority of section 2945.37, 2945.371,	32223
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	32224
Code committing a violation of section 2921.34 of the Revised Code	32225
that involves an escape from the premises of the institution, or	32226
if there is reasonable ground to believe that a violation of	32227
section 2921.34 of the Revised Code has been committed that	32228
involves an escape from the premises of an institution under the	32229
jurisdiction of the department of ~~mental health~~mental health and	32230
addiction services or the department of developmental disabilities	32231
and if a department of ~~mental health~~mental health and addiction	32232
services special police officer or a department of developmental	32233
disabilities special police officer has reasonable cause to	32234
believe that a particular person who has been hospitalized,	32235
institutionalized, or confined in the institution pursuant to or	32236
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	32237
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	32238
the violation, the special police officer, outside of the premises	32239
of the institution, may pursue, arrest, and detain that person for	32240
that violation of section 2921.34 of the Revised Code, until a	32241
warrant can be obtained, if both of the following apply:	32242

(i) The pursuit takes place without unreasonable delay after	32243
the offense is committed;	32244

(ii) The pursuit is initiated within the premises of the	32245
institution from which the violation of section 2921.34 of the	32246
Revised Code occurred.	32247

(b) For purposes of division (F)(2)(a) of this section, the	32248
execution of a written statement by the administrator of the	32249
institution in which a person had been hospitalized,	32250
institutionalized, or confined pursuant to or under authority of	32251
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	32252
2945.402 of the Revised Code alleging that the person has escaped	32253
from the premises of the institution in violation of section	32254
2921.34 of the Revised Code constitutes reasonable ground to	32255
believe that the violation was committed and reasonable cause to	32256
believe that the person alleged in the statement to have committed	32257
the offense is guilty of the violation.	32258

(G) As used in this section:

32259

(1) A "department of ~~mental health~~mental health and	32260
addiction services special police officer" means a special police	32261
officer of the department of ~~mental health~~mental health and	32262
addiction services designated under section ~~5119.14~~5119.08 of the	32263
Revised Code who is certified by the Ohio peace officer training	32264
commission under section 109.77 of the Revised Code as having	32265
successfully completed an approved peace officer basic training	32266
program.	32267

(2) A "department of developmental disabilities special	32268
police officer" means a special police officer of the department	32269
of developmental disabilities designated under section 5123.13 of	32270
the Revised Code who is certified by the Ohio peace officer	32271
training council under section 109.77 of the Revised Code as	32272
having successfully completed an approved peace officer basic	32273
training program.	32274

(3) "Deadly weapon" has the same meaning as in section	32275
2923.11 of the Revised Code.	32276

(4) "Family or household member" has the same meaning as in	32277
section 2919.25 of the Revised Code.	32278

(5) "Street" or "highway" has the same meaning as in section	32279
4511.01 of the Revised Code.	32280

(6) "Interstate system" has the same meaning as in section	32281
5516.01 of the Revised Code.	32282

(7) "Peace officer of the department of natural resources"	32283
means an employee of the department of natural resources who is a	32284
natural resources law enforcement staff officer designated	32285
pursuant to section 1501.013 of the Revised Code, a forest officer	32286
designated pursuant to section 1503.29 of the Revised Code, a	32287
preserve officer designated pursuant to section 1517.10 of the	32288
Revised Code, a wildlife officer designated pursuant to section	32289
1531.13 of the Revised Code, a park officer designated pursuant to	32290
section 1541.10 of the Revised Code, or a state watercraft officer	32291
designated pursuant to section 1547.521 of the Revised Code.	32292

(8) "Portion of any street or highway" means all lanes of the	32293
street or highway irrespective of direction of travel, including	32294
designated turn lanes, and any berm, median, or shoulder.	32295

Sec. 2935.33. (A) If a person charged with a misdemeanor is	32296
taken before a judge of a court of record and if it appears to the	32297
judge that the person is an alcoholic or is suffering from acute	32298
alcohol intoxication and that the person would benefit from	32299
services provided by ~~an alcohol and drug~~a community addiction	32300
~~program~~services provider certified under Chapter ~~3793.~~5119. of	32301
the Revised Code, the judge may place the person temporarily in a	32302
~~program~~services provider certified under that chapter in the area	32303
in which the court has jurisdiction for inpatient care and	32304
treatment for an indefinite period not exceeding five days. The	32305
commitment does not limit the right to release on bail. The judge	32306
may dismiss a charge of a violation of division (B) of section	32307
2917.11 of the Revised Code or of a municipal ordinance	32308
substantially equivalent to that division if the defendant	32309
complies with all the conditions of treatment ordered by the	32310
court.	32311

The court may order that any fines or court costs collected	32312
by the court from defendants who have received inpatient care from	32313
~~an alcohol and drug~~a community addiction ~~program~~services	32314
provider be paid, for the benefit of the program, to the board of	32315
alcohol, drug addiction, and mental health services of the	32316
alcohol, drug addiction, and mental health service district in	32317
which the ~~program~~services provider is located or to the director	32318
of ~~alcohol and drug addiction services~~mental health and addiction	32319
services.	32320

(B) If a person is being sentenced for a violation of	32321
division (B) of section 2917.11 or section 4511.19 of the Revised	32322
Code, a misdemeanor violation of section 2919.25 of the Revised	32323
Code, a misdemeanor violation of section 2919.27 of the Revised	32324
Code involving a protection order issued or consent agreement	32325
approved pursuant to section 2919.26 or 3113.31 of the Revised	32326
Code, or a violation of a municipal ordinance substantially	32327
equivalent to that division or any of those sections and if it	32328
appears to the judge at the time of sentencing that the person is	32329
an alcoholic or is suffering from acute alcohol intoxication and	32330
that, in lieu of imprisonment, the person would benefit from	32331
services provided by ~~an alcohol and drug~~a community addiction	32332
~~program~~services provider certified under Chapter ~~3793.~~5119. of	32333
the Revised Code, the court may commit the person to close	32334
supervision in any facility in the area in which the court has	32335
jurisdiction that is, or is operated by, such a ~~program~~services	32336
provider. Such close supervision may include outpatient services	32337
and part-time release, except that a person convicted of a	32338
violation of division (A) of section 4511.19 of the Revised Code	32339
shall be confined to the facility for at least three days and	32340
except that a person convicted of a misdemeanor violation of	32341
section 2919.25 of the Revised Code, a misdemeanor violation of	32342
section 2919.27 of the Revised Code involving a protection order	32343
issued or consent agreement approved pursuant to section 2919.26	32344
or 3113.31 of the Revised Code, or a violation of a substantially	32345
equivalent municipal ordinance shall be confined to the facility	32346
in accordance with the order of commitment. A commitment of a	32347
person to a facility for purposes of close supervision shall not	32348
exceed the maximum term for which the person could be imprisoned.	32349

(C) A law enforcement officer who finds a person subject to	32350
prosecution for violation of division (B) of section 2917.11 of	32351
the Revised Code or a municipal ordinance substantially equivalent	32352
to that division and who has reasonable cause to believe that the	32353
person is an alcoholic or is suffering from acute alcohol	32354
intoxication and would benefit from immediate treatment	32355
immediately may place the person in ~~an alcohol and drug~~a	32356
community addiction ~~program~~services provider certified under	32357
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	32358
person is found, for emergency treatment, in lieu of other arrest	32359
procedures, for a maximum period of forty-eight hours. During that	32360
time, if the person desires to leave such custody, the person	32361
shall be released forthwith.	32362

(D) As used in this section:

32363

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	32364
5119.01 of the Revised Code;	32365

(2) "Acute alcohol intoxication" means a heavy consumption of	32366
alcohol over a relatively short period of time, resulting in	32367
dysfunction of the brain centers controlling behavior, speech, and	32368
memory and causing characteristic withdrawal symptoms.	32369

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	32370
the Revised Code:	32371

(1) "Prosecutor" means a prosecuting attorney or a city	32372
director of law, village solicitor, or similar chief legal officer	32373
of a municipal corporation who has authority to prosecute a	32374
criminal case that is before the court or the criminal case in	32375
which a defendant in a criminal case has been found incompetent to	32376
stand trial or not guilty by reason of insanity.	32377

(2) "Examiner" means either of the following:

32378

(a) A psychiatrist or a licensed clinical psychologist who	32379
satisfies the criteria of division (I)(1) of section 5122.01 of	32380
the Revised Code or is employed by a certified forensic center	32381
designated by the department of ~~mental health~~mental health and	32382
addiction services to conduct examinations or evaluations.	32383

(b) For purposes of a separate mental retardation evaluation	32384
that is ordered by a court pursuant to division (H) of section	32385
2945.371 of the Revised Code, a psychologist designated by the	32386
director of developmental disabilities pursuant to that section to	32387
conduct that separate mental retardation evaluation.	32388

(3) "Nonsecured status" means any unsupervised, off-grounds	32389
movement or trial visit from a hospital or institution, or any	32390
conditional release, that is granted to a person who is found	32391
incompetent to stand trial and is committed pursuant to section	32392
2945.39 of the Revised Code or to a person who is found not guilty	32393
by reason of insanity and is committed pursuant to section 2945.40	32394
of the Revised Code.	32395

(4) "Unsupervised, off-grounds movement" includes only	32396
off-grounds privileges that are unsupervised and that have an	32397
expectation of return to the hospital or institution on a daily	32398
basis.	32399

(5) "Trial visit" means a patient privilege of a longer	32400
stated duration of unsupervised community contact with an	32401
expectation of return to the hospital or institution at designated	32402
times.	32403

(6) "Conditional release" means a commitment status under	32404
which the trial court at any time may revoke a person's	32405
conditional release and order the rehospitalization or	32406
reinstitutionalization of the person as described in division (A)	32407
of section 2945.402 of the Revised Code and pursuant to which a	32408
person who is found incompetent to stand trial or a person who is	32409
found not guilty by reason of insanity lives and receives	32410
treatment in the community for a period of time that does not	32411
exceed the maximum prison term or term of imprisonment that the	32412
person could have received for the offense in question had the	32413
person been convicted of the offense instead of being found	32414
incompetent to stand trial on the charge of the offense or being	32415
found not guilty by reason of insanity relative to the offense.	32416

(7) "Licensed clinical psychologist," "mentally ill person	32417
subject to hospitalization by court order," and "psychiatrist"	32418
have the same meanings as in section 5122.01 of the Revised Code.	32419

(8) "Mentally retarded person subject to institutionalization	32420
by court order" has the same meaning as in section 5123.01 of the	32421
Revised Code.	32422

(B) In a criminal action in a court of common pleas, a county	32423
court, or a municipal court, the court, prosecutor, or defense may	32424
raise the issue of the defendant's competence to stand trial. If	32425
the issue is raised before the trial has commenced, the court	32426
shall hold a hearing on the issue as provided in this section. If	32427
the issue is raised after the trial has commenced, the court shall	32428
hold a hearing on the issue only for good cause shown or on the	32429
court's own motion.	32430

(C) The court shall conduct the hearing required or	32431
authorized under division (B) of this section within thirty days	32432
after the issue is raised, unless the defendant has been referred	32433
for evaluation in which case the court shall conduct the hearing	32434
within ten days after the filing of the report of the evaluation	32435
or, in the case of a defendant who is ordered by the court	32436
pursuant to division (H) of section 2945.371 of the Revised Code	32437
to undergo a separate mental retardation evaluation conducted by a	32438
psychologist designated by the director of developmental	32439
disabilities, within ten days after the filing of the report of	32440
the separate mental retardation evaluation under that division. A	32441
hearing may be continued for good cause.	32442

(D) The defendant shall be represented by counsel at the	32443
hearing conducted under division (C) of this section. If the	32444
defendant is unable to obtain counsel, the court shall appoint	32445
counsel under Chapter 120. of the Revised Code or under the	32446
authority recognized in division (C) of section 120.06, division	32447
(E) of section 120.16, division (E) of section 120.26, or section	32448
2941.51 of the Revised Code before proceeding with the hearing.	32449

(E) The prosecutor and defense counsel may submit evidence on	32450
the issue of the defendant's competence to stand trial. A written	32451
report of the evaluation of the defendant may be admitted into	32452
evidence at the hearing by stipulation, but, if either the	32453
prosecution or defense objects to its admission, the report may be	32454
admitted under sections 2317.36 to 2317.38 of the Revised Code or	32455
any other applicable statute or rule.	32456

(F) The court shall not find a defendant incompetent to stand	32457
trial solely because the defendant is receiving or has received	32458
treatment as a voluntary or involuntary mentally ill patient under	32459
Chapter 5122. or a voluntary or involuntary mentally retarded	32460
resident under Chapter 5123. of the Revised Code or because the	32461
defendant is receiving or has received psychotropic drugs or other	32462
medication, even if the defendant might become incompetent to	32463
stand trial without the drugs or medication.	32464

(G) A defendant is presumed to be competent to stand trial.	32465
If, after a hearing, the court finds by a preponderance of the	32466
evidence that, because of the defendant's present mental	32467
condition, the defendant is incapable of understanding the nature	32468
and objective of the proceedings against the defendant or of	32469
assisting in the defendant's defense, the court shall find the	32470
defendant incompetent to stand trial and shall enter an order	32471
authorized by section 2945.38 of the Revised Code.	32472

(H) Municipal courts shall follow the procedures set forth in	32473
sections 2945.37 to 2945.402 of the Revised Code. Except as	32474
provided in section 2945.371 of the Revised Code, a municipal	32475
court shall not order an evaluation of the defendant's competence	32476
to stand trial or the defendant's mental condition at the time of	32477
the commission of the offense to be conducted at any hospital	32478
operated by the department of ~~mental health~~mental health and	32479
addiction services. Those evaluations shall be performed through	32480
community resources including, but not limited to, certified	32481
forensic centers, court probation departments, and community	32482
mental health ~~agencies~~services providers. All expenses of the	32483
evaluations shall be borne by the legislative authority of the	32484
municipal court, as defined in section 1901.03 of the Revised	32485
Code, and shall be taxed as costs in the case. If a defendant is	32486
found incompetent to stand trial or not guilty by reason of	32487
insanity, a municipal court may commit the defendant as provided	32488
in sections 2945.38 to 2945.402 of the Revised Code.	32489

Sec. 2945.371. (A) If the issue of a defendant's competence	32490
to stand trial is raised or if a defendant enters a plea of not	32491
guilty by reason of insanity, the court may order one or more	32492
evaluations of the defendant's present mental condition or, in the	32493
case of a plea of not guilty by reason of insanity, of the	32494
defendant's mental condition at the time of the offense charged.	32495
An examiner shall conduct the evaluation.	32496

(B) If the court orders more than one evaluation under	32497
division (A) of this section, the prosecutor and the defendant may	32498
recommend to the court an examiner whom each prefers to perform	32499
one of the evaluations. If a defendant enters a plea of not guilty	32500
by reason of insanity and if the court does not designate an	32501
examiner recommended by the defendant, the court shall inform the	32502
defendant that the defendant may have independent expert	32503
evaluation and that, if the defendant is unable to obtain	32504
independent expert evaluation, it will be obtained for the	32505
defendant at public expense if the defendant is indigent.	32506

(C) If the court orders an evaluation under division (A) of	32507
this section, the defendant shall be available at the times and	32508
places established by the examiners who are to conduct the	32509
evaluation. The court may order a defendant who has been released	32510
on bail or recognizance to submit to an evaluation under this	32511
section. If a defendant who has been released on bail or	32512
recognizance refuses to submit to a complete evaluation, the court	32513
may amend the conditions of bail or recognizance and order the	32514
sheriff to take the defendant into custody and deliver the	32515
defendant to a center, program, or facility operated or certified	32516
by the department of ~~mental health~~mental health and addiction	32517
services or the department of developmental disabilities where the	32518
defendant may be held for evaluation for a reasonable period of	32519
time not to exceed twenty days.	32520

(D) A defendant who has not been released on bail or	32521
recognizance may be evaluated at the defendant's place of	32522
detention. Upon the request of the examiner, the court may order	32523
the sheriff to transport the defendant to a program or facility	32524
operated or certified by the department of ~~mental health~~mental	32525
health and addiction services or the department of developmental	32526
disabilities, where the defendant may be held for evaluation for a	32527
reasonable period of time not to exceed twenty days, and to return	32528
the defendant to the place of detention after the evaluation. A	32529
municipal court may make an order under this division only upon	32530
the request of a certified forensic center examiner.	32531

(E) If a court orders the evaluation to determine a	32532
defendant's mental condition at the time of the offense charged,	32533
the court shall inform the examiner of the offense with which the	32534
defendant is charged.	32535

(F) In conducting an evaluation of a defendant's mental	32536
condition at the time of the offense charged, the examiner shall	32537
consider all relevant evidence. If the offense charged involves	32538
the use of force against another person, the relevant evidence to	32539
be considered includes, but is not limited to, any evidence that	32540
the defendant suffered, at the time of the commission of the	32541
offense, from the "battered woman syndrome."	32542

(G) The examiner shall file a written report with the court	32543
within thirty days after entry of a court order for evaluation,	32544
and the court shall provide copies of the report to the prosecutor	32545
and defense counsel. The report shall include all of the	32546
following:	32547

(1) The examiner's findings;

32548

(2) The facts in reasonable detail on which the findings are	32549
based;	32550

(3) If the evaluation was ordered to determine the	32551
defendant's competence to stand trial, all of the following	32552
findings or recommendations that are applicable:	32553

(a) Whether the defendant is capable of understanding the	32554
nature and objective of the proceedings against the defendant or	32555
of assisting in the defendant's defense;	32556

(b) If the examiner's opinion is that the defendant is	32557
incapable of understanding the nature and objective of the	32558
proceedings against the defendant or of assisting in the	32559
defendant's defense, whether the defendant presently is mentally	32560
ill or mentally retarded and, if the examiner's opinion is that	32561
the defendant presently is mentally retarded, whether the	32562
defendant appears to be a mentally retarded person subject to	32563
institutionalization by court order;	32564

(c) If the examiner's opinion is that the defendant is	32565
incapable of understanding the nature and objective of the	32566
proceedings against the defendant or of assisting in the	32567
defendant's defense, the examiner's opinion as to the likelihood	32568
of the defendant becoming capable of understanding the nature and	32569
objective of the proceedings against the defendant and of	32570
assisting in the defendant's defense within one year if the	32571
defendant is provided with a course of treatment;	32572

(d) If the examiner's opinion is that the defendant is	32573
incapable of understanding the nature and objective of the	32574
proceedings against the defendant or of assisting in the	32575
defendant's defense and that the defendant presently is mentally	32576
ill or mentally retarded, the examiner's recommendation as to the	32577
least restrictive placement or commitment alternative, consistent	32578
with the defendant's treatment needs for restoration to competency	32579
and with the safety of the community.	32580

(4) If the evaluation was ordered to determine the	32581
defendant's mental condition at the time of the offense charged,	32582
the examiner's findings as to whether the defendant, at the time	32583
of the offense charged, did not know, as a result of a severe	32584
mental disease or defect, the wrongfulness of the defendant's acts	32585
charged.	32586

(H) If the examiner's report filed under division (G) of this	32587
section indicates that in the examiner's opinion the defendant is	32588
incapable of understanding the nature and objective of the	32589
proceedings against the defendant or of assisting in the	32590
defendant's defense and that in the examiner's opinion the	32591
defendant appears to be a mentally retarded person subject to	32592
institutionalization by court order, the court shall order the	32593
defendant to undergo a separate mental retardation evaluation	32594
conducted by a psychologist designated by the director of	32595
developmental disabilities. Divisions (C) to (F) of this section	32596
apply in relation to a separate mental retardation evaluation	32597
conducted under this division. The psychologist appointed under	32598
this division to conduct the separate mental retardation	32599
evaluation shall file a written report with the court within	32600
thirty days after the entry of the court order requiring the	32601
separate mental retardation evaluation, and the court shall	32602
provide copies of the report to the prosecutor and defense	32603
counsel. The report shall include all of the information described	32604
in divisions (G)(1) to (4) of this section. If the court orders a	32605
separate mental retardation evaluation of a defendant under this	32606
division, the court shall not conduct a hearing under divisions	32607
(B) to (H) of section 2945.37 of the Revised Code regarding that	32608
defendant until a report of the separate mental retardation	32609
evaluation conducted under this division has been filed. Upon the	32610
filing of that report, the court shall conduct the hearing within	32611
the period of time specified in division (C) of section 2945.37 of	32612
the Revised Code.	32613

(I) An examiner appointed under divisions (A) and (B) of this	32614
section or under division (H) of this section to evaluate a	32615
defendant to determine the defendant's competence to stand trial	32616
also may be appointed to evaluate a defendant who has entered a	32617
plea of not guilty by reason of insanity, but an examiner of that	32618
nature shall prepare separate reports on the issue of competence	32619
to stand trial and the defense of not guilty by reason of	32620
insanity.	32621

(J) No statement that a defendant makes in an evaluation or	32622
hearing under divisions (A) to (H) of this section relating to the	32623
defendant's competence to stand trial or to the defendant's mental	32624
condition at the time of the offense charged shall be used against	32625
the defendant on the issue of guilt in any criminal action or	32626
proceeding, but, in a criminal action or proceeding, the	32627
prosecutor or defense counsel may call as a witness any person who	32628
evaluated the defendant or prepared a report pursuant to a	32629
referral under this section. Neither the appointment nor the	32630
testimony of an examiner appointed under this section precludes	32631
the prosecutor or defense counsel from calling other witnesses or	32632
presenting other evidence on competency or insanity issues.	32633

(K) Persons appointed as examiners under divisions (A) and	32634
(B) of this section or under division (H) of this section shall be	32635
paid a reasonable amount for their services and expenses, as	32636
certified by the court. The certified amount shall be paid by the	32637
county in the case of county courts and courts of common pleas and	32638
by the legislative authority, as defined in section 1901.03 of the	32639
Revised Code, in the case of municipal courts.	32640

Sec. 2945.38. (A) If the issue of a defendant's competence	32641
to stand trial is raised and if the court, upon conducting the	32642
hearing provided for in section 2945.37 of the Revised Code, finds	32643
that the defendant is competent to stand trial, the defendant	32644
shall be proceeded against as provided by law. If the court finds	32645
the defendant competent to stand trial and the defendant is	32646
receiving psychotropic drugs or other medication, the court may	32647
authorize the continued administration of the drugs or medication	32648
or other appropriate treatment in order to maintain the	32649
defendant's competence to stand trial, unless the defendant's	32650
attending physician advises the court against continuation of the	32651
drugs, other medication, or treatment.	32652

(B)(1)(a) If, after taking into consideration all relevant	32653
reports, information, and other evidence, the court finds that the	32654
defendant is incompetent to stand trial and that there is a	32655
substantial probability that the defendant will become competent	32656
to stand trial within one year if the defendant is provided with a	32657
course of treatment, the court shall order the defendant to	32658
undergo treatment. If the defendant has been charged with a felony	32659
offense and if, after taking into consideration all relevant	32660
reports, information, and other evidence, the court finds that the	32661
defendant is incompetent to stand trial, but the court is unable	32662
at that time to determine whether there is a substantial	32663
probability that the defendant will become competent to stand	32664
trial within one year if the defendant is provided with a course	32665
of treatment, the court shall order continuing evaluation and	32666
treatment of the defendant for a period not to exceed four months	32667
to determine whether there is a substantial probability that the	32668
defendant will become competent to stand trial within one year if	32669
the defendant is provided with a course of treatment.	32670

(b) The court order for the defendant to undergo treatment or	32671
continuing evaluation and treatment under division (B)(1)(a) of	32672
this section shall specify that the defendant, if determined to	32673
require mental health treatment or continuing evaluation and	32674
treatment, either shall be committed to the department of ~~mental~~	32675
~~health~~mental health and addiction services for treatment or	32676
continuing evaluation and treatment at a hospital, facility, or	32677
agency, as determined to be clinically appropriate by the	32678
department of ~~mental health~~mental health and addiction services	32679
or shall be committed to a facility certified by the department of	32680
~~mental health~~mental health and addiction services as being	32681
qualified to treat mental illness, to a public or community mental	32682
health facility, or to a psychiatrist or another mental health	32683
professional for treatment or continuing evaluation and treatment.	32684
Prior to placing the defendant, the department of ~~mental health~~	32685
mental health and addiction services shall obtain court approval	32686
for that placement following a hearing. The court order for the	32687
defendant to undergo treatment or continuing evaluation and	32688
treatment under division (B)(1)(a) of this section shall specify	32689
that the defendant, if determined to require treatment or	32690
continuing evaluation and treatment for mental retardation, shall	32691
receive treatment or continuing evaluation and treatment at an	32692
institution or facility operated by the department of	32693
developmental disabilities, at a facility certified by the	32694
department of developmental disabilities as being qualified to	32695
treat mental retardation, at a public or private mental	32696
retardation facility, or by a psychiatrist or another mental	32697
retardation professional. In any case, the order may restrict the	32698
defendant's freedom of movement as the court considers necessary.	32699
The prosecutor in the defendant's case shall send to the chief	32700
clinical officer of the hospital, facility, or agency where the	32701
defendant is placed by the department of ~~mental health~~mental	32702
health and addiction services, or to the managing officer of the	32703
institution, the director of the program or facility, or the	32704
person to which the defendant is committed, copies of relevant	32705
police reports and other background information that pertains to	32706
the defendant and is available to the prosecutor unless the	32707
prosecutor determines that the release of any of the information	32708
in the police reports or any of the other background information	32709
to unauthorized persons would interfere with the effective	32710
prosecution of any person or would create a substantial risk of	32711
harm to any person.	32712

In determining the place of commitment, the court shall	32713
consider the extent to which the person is a danger to the person	32714
and to others, the need for security, and the type of crime	32715
involved and shall order the least restrictive alternative	32716
available that is consistent with public safety and treatment	32717
goals. In weighing these factors, the court shall give preference	32718
to protecting public safety.	32719

(c) If the defendant is found incompetent to stand trial, if	32720
the chief clinical officer of the hospital, facility, or agency	32721
where the defendant is placed, or the managing officer of the	32722
institution, the director of the program or facility, or the	32723
person to which the defendant is committed for treatment or	32724
continuing evaluation and treatment under division (B)(1)(b) of	32725
this section determines that medication is necessary to restore	32726
the defendant's competency to stand trial, and if the defendant	32727
lacks the capacity to give informed consent or refuses medication,	32728
the chief clinical officer of the hospital, facility, or agency	32729
where the defendant is placed, or the managing officer of the	32730
institution, the director of the program or facility, or the	32731
person to which the defendant is committed for treatment or	32732
continuing evaluation and treatment may petition the court for	32733
authorization for the involuntary administration of medication.	32734
The court shall hold a hearing on the petition within five days of	32735
the filing of the petition if the petition was filed in a	32736
municipal court or a county court regarding an incompetent	32737
defendant charged with a misdemeanor or within ten days of the	32738
filing of the petition if the petition was filed in a court of	32739
common pleas regarding an incompetent defendant charged with a	32740
felony offense. Following the hearing, the court may authorize the	32741
involuntary administration of medication or may dismiss the	32742
petition.	32743

(2) If the court finds that the defendant is incompetent to	32744
stand trial and that, even if the defendant is provided with a	32745
course of treatment, there is not a substantial probability that	32746
the defendant will become competent to stand trial within one	32747
year, the court shall order the discharge of the defendant, unless	32748
upon motion of the prosecutor or on its own motion, the court	32749
either seeks to retain jurisdiction over the defendant pursuant to	32750
section 2945.39 of the Revised Code or files an affidavit in the	32751
probate court for the civil commitment of the defendant pursuant	32752
to Chapter 5122. or 5123. of the Revised Code alleging that the	32753
defendant is a mentally ill person subject to hospitalization by	32754
court order or a mentally retarded person subject to	32755
institutionalization by court order. If an affidavit is filed in	32756
the probate court, the trial court shall send to the probate court	32757
copies of all written reports of the defendant's mental condition	32758
that were prepared pursuant to section 2945.371 of the Revised	32759
Code.	32760

The trial court may issue the temporary order of detention	32761
that a probate court may issue under section 5122.11 or 5123.71 of	32762
the Revised Code, to remain in effect until the probable cause or	32763
initial hearing in the probate court. Further proceedings in the	32764
probate court are civil proceedings governed by Chapter 5122. or	32765
5123. of the Revised Code.	32766

(C) No defendant shall be required to undergo treatment,	32767
including any continuing evaluation and treatment, under division	32768
(B)(1) of this section for longer than whichever of the following	32769
periods is applicable:	32770

(1) One year, if the most serious offense with which the	32771
defendant is charged is one of the following offenses:	32772

(a) Aggravated murder, murder, or an offense of violence for	32773
which a sentence of death or life imprisonment may be imposed;	32774

(b) An offense of violence that is a felony of the first or	32775
second degree;	32776

(c) A conspiracy to commit, an attempt to commit, or	32777
complicity in the commission of an offense described in division	32778
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	32779
complicity is a felony of the first or second degree.	32780

(2) Six months, if the most serious offense with which the	32781
defendant is charged is a felony other than a felony described in	32782
division (C)(1) of this section;	32783

(3) Sixty days, if the most serious offense with which the	32784
defendant is charged is a misdemeanor of the first or second	32785
degree;	32786

(4) Thirty days, if the most serious offense with which the	32787
defendant is charged is a misdemeanor of the third or fourth	32788
degree, a minor misdemeanor, or an unclassified misdemeanor.	32789

(D) Any defendant who is committed pursuant to this section	32790
shall not voluntarily admit the defendant or be voluntarily	32791
admitted to a hospital or institution pursuant to section 5122.02,	32792
5122.15, 5123.69, or 5123.76 of the Revised Code.	32793

(E) Except as otherwise provided in this division, a	32794
defendant who is charged with an offense and is committed by the	32795
court under this section to the department of ~~mental health~~mental	32796
health and addiction services or is committed to an institution or	32797
facility for the treatment of mental retardation shall not be	32798
granted unsupervised on-grounds movement, supervised off-grounds	32799
movement, or nonsecured status except in accordance with the court	32800
order. The court may grant a defendant supervised off-grounds	32801
movement to obtain medical treatment or specialized habilitation	32802
treatment services if the person who supervises the treatment or	32803
the continuing evaluation and treatment of the defendant ordered	32804
under division (B)(1)(a) of this section informs the court that	32805
the treatment or continuing evaluation and treatment cannot be	32806
provided at the hospital or facility where the defendant is placed	32807
by the department of ~~mental health~~mental health and addiction	32808
services or the institution or facility to which the defendant is	32809
committed. The chief clinical officer of the hospital or facility	32810
where the defendant is placed by the department of ~~mental health~~	32811
mental health and addiction services or the managing officer of	32812
the institution or director of the facility to which the defendant	32813
is committed, or a designee of any of those persons, may grant a	32814
defendant movement to a medical facility for an emergency medical	32815
situation with appropriate supervision to ensure the safety of the	32816
defendant, staff, and community during that emergency medical	32817
situation. The chief clinical officer of the hospital or facility	32818
where the defendant is placed by the department of ~~mental health~~	32819
mental health and addiction services or the managing officer of	32820
the institution or director of the facility to which the defendant	32821
is committed shall notify the court within twenty-four hours of	32822
the defendant's movement to the medical facility for an emergency	32823
medical situation under this division.	32824

(F) The person who supervises the treatment or continuing	32825
evaluation and treatment of a defendant ordered to undergo	32826
treatment or continuing evaluation and treatment under division	32827
(B)(1)(a) of this section shall file a written report with the	32828
court at the following times:	32829

(1) Whenever the person believes the defendant is capable of	32830
understanding the nature and objective of the proceedings against	32831
the defendant and of assisting in the defendant's defense;	32832

(2) For a felony offense, fourteen days before expiration of	32833
the maximum time for treatment as specified in division (C) of	32834
this section and fourteen days before the expiration of the	32835
maximum time for continuing evaluation and treatment as specified	32836
in division (B)(1)(a) of this section, and, for a misdemeanor	32837
offense, ten days before the expiration of the maximum time for	32838
treatment, as specified in division (C) of this section;	32839

(3) At a minimum, after each six months of treatment;

32840

(4) Whenever the person who supervises the treatment or	32841
continuing evaluation and treatment of a defendant ordered under	32842
division (B)(1)(a) of this section believes that there is not a	32843
substantial probability that the defendant will become capable of	32844
understanding the nature and objective of the proceedings against	32845
the defendant or of assisting in the defendant's defense even if	32846
the defendant is provided with a course of treatment.	32847

(G) A report under division (F) of this section shall contain	32848
the examiner's findings, the facts in reasonable detail on which	32849
the findings are based, and the examiner's opinion as to the	32850
defendant's capability of understanding the nature and objective	32851
of the proceedings against the defendant and of assisting in the	32852
defendant's defense. If, in the examiner's opinion, the defendant	32853
remains incapable of understanding the nature and objective of the	32854
proceedings against the defendant and of assisting in the	32855
defendant's defense and there is a substantial probability that	32856
the defendant will become capable of understanding the nature and	32857
objective of the proceedings against the defendant and of	32858
assisting in the defendant's defense if the defendant is provided	32859
with a course of treatment, if in the examiner's opinion the	32860
defendant remains mentally ill or mentally retarded, and if the	32861
maximum time for treatment as specified in division (C) of this	32862
section has not expired, the report also shall contain the	32863
examiner's recommendation as to the least restrictive placement or	32864
commitment alternative that is consistent with the defendant's	32865
treatment needs for restoration to competency and with the safety	32866
of the community. The court shall provide copies of the report to	32867
the prosecutor and defense counsel.	32868

(H) If a defendant is committed pursuant to division (B)(1)	32869
of this section, within ten days after the treating physician of	32870
the defendant or the examiner of the defendant who is employed or	32871
retained by the treating facility advises that there is not a	32872
substantial probability that the defendant will become capable of	32873
understanding the nature and objective of the proceedings against	32874
the defendant or of assisting in the defendant's defense even if	32875
the defendant is provided with a course of treatment, within ten	32876
days after the expiration of the maximum time for treatment as	32877
specified in division (C) of this section, within ten days after	32878
the expiration of the maximum time for continuing evaluation and	32879
treatment as specified in division (B)(1)(a) of this section,	32880
within thirty days after a defendant's request for a hearing that	32881
is made after six months of treatment, or within thirty days after	32882
being advised by the treating physician or examiner that the	32883
defendant is competent to stand trial, whichever is the earliest,	32884
the court shall conduct another hearing to determine if the	32885
defendant is competent to stand trial and shall do whichever of	32886
the following is applicable:	32887

(1) If the court finds that the defendant is competent to	32888
stand trial, the defendant shall be proceeded against as provided	32889
by law.	32890

(2) If the court finds that the defendant is incompetent to	32891
stand trial, but that there is a substantial probability that the	32892
defendant will become competent to stand trial if the defendant is	32893
provided with a course of treatment, and the maximum time for	32894
treatment as specified in division (C) of this section has not	32895
expired, the court, after consideration of the examiner's	32896
recommendation, shall order that treatment be continued, may	32897
change the facility or program at which the treatment is to be	32898
continued, and shall specify whether the treatment is to be	32899
continued at the same or a different facility or program.	32900

(3) If the court finds that the defendant is incompetent to	32901
stand trial, if the defendant is charged with an offense listed in	32902
division (C)(1) of this section, and if the court finds that there	32903
is not a substantial probability that the defendant will become	32904
competent to stand trial even if the defendant is provided with a	32905
course of treatment, or if the maximum time for treatment relative	32906
to that offense as specified in division (C) of this section has	32907
expired, further proceedings shall be as provided in sections	32908
2945.39, 2945.401, and 2945.402 of the Revised Code.	32909

(4) If the court finds that the defendant is incompetent to	32910
stand trial, if the most serious offense with which the defendant	32911
is charged is a misdemeanor or a felony other than a felony listed	32912
in division (C)(1) of this section, and if the court finds that	32913
there is not a substantial probability that the defendant will	32914
become competent to stand trial even if the defendant is provided	32915
with a course of treatment, or if the maximum time for treatment	32916
relative to that offense as specified in division (C) of this	32917
section has expired, the court shall dismiss the indictment,	32918
information, or complaint against the defendant. A dismissal under	32919
this division is not a bar to further prosecution based on the	32920
same conduct. The court shall discharge the defendant unless the	32921
court or prosecutor files an affidavit in probate court for civil	32922
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	32923
If an affidavit for civil commitment is filed, the court may	32924
detain the defendant for ten days pending civil commitment. All of	32925
the following provisions apply to persons charged with a	32926
misdemeanor or a felony other than a felony listed in division	32927
(C)(1) of this section who are committed by the probate court	32928
subsequent to the court's or prosecutor's filing of an affidavit	32929
for civil commitment under authority of this division:	32930

(a) The chief clinical officer of the entity, hospital, or	32931
facility, the managing officer of the institution, the director of	32932
the program, or the person to which the defendant is committed or	32933
admitted shall do all of the following:	32934

(i) Notify the prosecutor, in writing, of the discharge of	32935
the defendant, send the notice at least ten days prior to the	32936
discharge unless the discharge is by the probate court, and state	32937
in the notice the date on which the defendant will be discharged;	32938

(ii) Notify the prosecutor, in writing, when the defendant is	32939
absent without leave or is granted unsupervised, off-grounds	32940
movement, and send this notice promptly after the discovery of the	32941
absence without leave or prior to the granting of the	32942
unsupervised, off-grounds movement, whichever is applicable;	32943

(iii) Notify the prosecutor, in writing, of the change of the	32944
defendant's commitment or admission to voluntary status, send the	32945
notice promptly upon learning of the change to voluntary status,	32946
and state in the notice the date on which the defendant was	32947
committed or admitted on a voluntary status.	32948

(b) Upon receiving notice that the defendant will be granted	32949
unsupervised, off-grounds movement, the prosecutor either shall	32950
re-indict the defendant or promptly notify the court that the	32951
prosecutor does not intend to prosecute the charges against the	32952
defendant.	32953

(I) If a defendant is convicted of a crime and sentenced to a	32954
jail or workhouse, the defendant's sentence shall be reduced by	32955
the total number of days the defendant is confined for evaluation	32956
to determine the defendant's competence to stand trial or	32957
treatment under this section and sections 2945.37 and 2945.371 of	32958
the Revised Code or by the total number of days the defendant is	32959
confined for evaluation to determine the defendant's mental	32960
condition at the time of the offense charged.	32961

Sec. 2945.39. (A) If a defendant who is charged with an	32962
offense described in division (C)(1) of section 2945.38 of the	32963
Revised Code is found incompetent to stand trial, after the	32964
expiration of the maximum time for treatment as specified in	32965
division (C) of that section or after the court finds that there	32966
is not a substantial probability that the defendant will become	32967
competent to stand trial even if the defendant is provided with a	32968
course of treatment, one of the following applies:	32969

(1) The court or the prosecutor may file an affidavit in	32970
probate court for civil commitment of the defendant in the manner	32971
provided in Chapter 5122. or 5123. of the Revised Code. If the	32972
court or prosecutor files an affidavit for civil commitment, the	32973
court may detain the defendant for ten days pending civil	32974
commitment. If the probate court commits the defendant subsequent	32975
to the court's or prosecutor's filing of an affidavit for civil	32976
commitment, the chief clinical officer of the entity, hospital, or	32977
facility, the managing officer of the institution, the director of	32978
the program, or the person to which the defendant is committed or	32979
admitted shall send to the prosecutor the notices described in	32980
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	32981
Code within the periods of time and under the circumstances	32982
specified in those divisions.	32983

(2) On the motion of the prosecutor or on its own motion, the	32984
court may retain jurisdiction over the defendant if, at a hearing,	32985
the court finds both of the following by clear and convincing	32986
evidence:	32987

(a) The defendant committed the offense with which the	32988
defendant is charged.	32989

(b) The defendant is a mentally ill person subject to	32990
hospitalization by court order or a mentally retarded person	32991
subject to institutionalization by court order.	32992

(B) In making its determination under division (A)(2) of this	32993
section as to whether to retain jurisdiction over the defendant,	32994
the court may consider all relevant evidence, including, but not	32995
limited to, any relevant psychiatric, psychological, or medical	32996
testimony or reports, the acts constituting the offense charged,	32997
and any history of the defendant that is relevant to the	32998
defendant's ability to conform to the law.	32999

(C) If the court conducts a hearing as described in division	33000
(A)(2) of this section and if the court does not make both	33001
findings described in divisions (A)(2)(a) and (b) of this section	33002
by clear and convincing evidence, the court shall dismiss the	33003
indictment, information, or complaint against the defendant. Upon	33004
the dismissal, the court shall discharge the defendant unless the	33005
court or prosecutor files an affidavit in probate court for civil	33006
commitment of the defendant pursuant to Chapter 5122. or 5123. of	33007
the Revised Code. If the court or prosecutor files an affidavit	33008
for civil commitment, the court may order that the defendant be	33009
detained for up to ten days pending the civil commitment. If the	33010
probate court commits the defendant subsequent to the court's or	33011
prosecutor's filing of an affidavit for civil commitment, the	33012
chief clinical officer of the entity, hospital, or facility, the	33013
managing officer of the institution, the director of the program,	33014
or the person to which the defendant is committed or admitted	33015
shall send to the prosecutor the notices described in divisions	33016
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	33017
within the periods of time and under the circumstances specified	33018
in those divisions. A dismissal of charges under this division is	33019
not a bar to further criminal proceedings based on the same	33020
conduct.	33021

(D)(1) If the court conducts a hearing as described in	33022
division (A)(2) of this section and if the court makes the	33023
findings described in divisions (A)(2)(a) and (b) of this section	33024
by clear and convincing evidence, the court shall commit the	33025
defendant, if determined to require mental health treatment,	33026
either to the department of ~~mental health~~mental health and	33027
addiction services for treatment at a hospital, facility, or	33028
agency as determined clinically appropriate by the department of	33029
~~mental health~~mental health and addiction services or to another	33030
medical or psychiatric facility, as appropriate. Prior to placing	33031
the defendant, the department of ~~mental health~~mental health and	33032
addiction services shall obtain court approval for that placement.	33033
If the court conducts such a hearing and if it makes those	33034
findings by clear and convincing evidence, the court shall commit	33035
the defendant, if determined to require treatment for mental	33036
retardation, to a facility operated by the department of	33037
developmental disabilities, or another facility, as appropriate.	33038
In determining the place of commitment, the court shall consider	33039
the extent to which the person is a danger to the person and to	33040
others, the need for security, and the type of crime involved and	33041
shall order the least restrictive alternative available that is	33042
consistent with public safety and the welfare of the defendant. In	33043
weighing these factors, the court shall give preference to	33044
protecting public safety.	33045

(2) If a court makes a commitment of a defendant under	33046
division (D)(1) of this section, the prosecutor shall send to the	33047
hospital, facility, or agency where the defendant is placed by the	33048
department of ~~mental health~~mental health and addiction services	33049
or to the defendant's place of commitment all reports of the	33050
defendant's current mental condition and, except as otherwise	33051
provided in this division, any other relevant information,	33052
including, but not limited to, a transcript of the hearing held	33053
pursuant to division (A)(2) of this section, copies of relevant	33054
police reports, and copies of any prior arrest and conviction	33055
records that pertain to the defendant and that the prosecutor	33056
possesses. The prosecutor shall send the reports of the	33057
defendant's current mental condition in every case of commitment,	33058
and, unless the prosecutor determines that the release of any of	33059
the other relevant information to unauthorized persons would	33060
interfere with the effective prosecution of any person or would	33061
create a substantial risk of harm to any person, the prosecutor	33062
also shall send the other relevant information. Upon admission of	33063
a defendant committed under division (D)(1) of this section, the	33064
place of commitment shall send to the board of alcohol, drug	33065
addiction, and mental health services or the community mental	33066
health board serving the county in which the charges against the	33067
defendant were filed a copy of all reports of the defendant's	33068
current mental condition and a copy of the other relevant	33069
information provided by the prosecutor under this division,	33070
including, if provided, a transcript of the hearing held pursuant	33071
to division (A)(2) of this section, the relevant police reports,	33072
and the prior arrest and conviction records that pertain to the	33073
defendant and that the prosecutor possesses.	33074

(3) If a court makes a commitment under division (D)(1) of	33075
this section, all further proceedings shall be in accordance with	33076
sections 2945.401 and 2945.402 of the Revised Code.	33077

Sec. 2945.40. (A) If a person is found not guilty by reason	33078
of insanity, the verdict shall state that finding, and the trial	33079
court shall conduct a full hearing to determine whether the person	33080
is a mentally ill person subject to hospitalization by court order	33081
or a mentally retarded person subject to institutionalization by	33082
court order. Prior to the hearing, if the trial judge believes	33083
that there is probable cause that the person found not guilty by	33084
reason of insanity is a mentally ill person subject to	33085
hospitalization by court order or mentally retarded person subject	33086
to institutionalization by court order, the trial judge may issue	33087
a temporary order of detention for that person to remain in effect	33088
for ten court days or until the hearing, whichever occurs first.	33089

Any person detained pursuant to a temporary order of	33090
detention issued under this division shall be held in a suitable	33091
facility, taking into consideration the place and type of	33092
confinement prior to and during trial.	33093

(B) The court shall hold the hearing under division (A) of	33094
this section to determine whether the person found not guilty by	33095
reason of insanity is a mentally ill person subject to	33096
hospitalization by court order or a mentally retarded person	33097
subject to institutionalization by court order within ten court	33098
days after the finding of not guilty by reason of insanity.	33099
Failure to conduct the hearing within the ten-day period shall	33100
cause the immediate discharge of the respondent, unless the judge	33101
grants a continuance for not longer than ten court days for good	33102
cause shown or for any period of time upon motion of the	33103
respondent.	33104

(C) If a person is found not guilty by reason of insanity,	33105
the person has the right to attend all hearings conducted pursuant	33106
to sections 2945.37 to 2945.402 of the Revised Code. At any	33107
hearing conducted pursuant to one of those sections, the court	33108
shall inform the person that the person has all of the following	33109
rights:	33110

(1) The right to be represented by counsel and to have that	33111
counsel provided at public expense if the person is indigent, with	33112
the counsel to be appointed by the court under Chapter 120. of the	33113
Revised Code or under the authority recognized in division (C) of	33114
section 120.06, division (E) of section 120.16, division (E) of	33115
section 120.26, or section 2941.51 of the Revised Code;	33116

(2) The right to have independent expert evaluation and to	33117
have that independent expert evaluation provided at public expense	33118
if the person is indigent;	33119

(3) The right to subpoena witnesses and documents, to present	33120
evidence on the person's behalf, and to cross-examine witnesses	33121
against the person;	33122

(4) The right to testify in the person's own behalf and to	33123
not be compelled to testify;	33124

(5) The right to have copies of any relevant medical or	33125
mental health document in the custody of the state or of any place	33126
of commitment other than a document for which the court finds that	33127
the release to the person of information contained in the document	33128
would create a substantial risk of harm to any person.	33129

(D) The hearing under division (A) of this section shall be	33130
open to the public, and the court shall conduct the hearing in	33131
accordance with the Rules of Civil Procedure. The court shall make	33132
and maintain a full transcript and record of the hearing	33133
proceedings. The court may consider all relevant evidence,	33134
including, but not limited to, any relevant psychiatric,	33135
psychological, or medical testimony or reports, the acts	33136
constituting the offense in relation to which the person was found	33137
not guilty by reason of insanity, and any history of the person	33138
that is relevant to the person's ability to conform to the law.	33139

(E) Upon completion of the hearing under division (A) of this	33140
section, if the court finds there is not clear and convincing	33141
evidence that the person is a mentally ill person subject to	33142
hospitalization by court order or a mentally retarded person	33143
subject to institutionalization by court order, the court shall	33144
discharge the person, unless a detainer has been placed upon the	33145
person by the department of rehabilitation and correction, in	33146
which case the person shall be returned to that department.	33147

(F) If, at the hearing under division (A) of this section,	33148
the court finds by clear and convincing evidence that the person	33149
is a mentally ill person subject to hospitalization by court	33150
order, the court shall commit the person either to the department	33151
of ~~mental health~~mental health and addiction services for	33152
treatment in a hospital, facility, or agency as determined	33153
clinically appropriate by the department of ~~mental health~~mental	33154
health and addiction services or to another medical or psychiatric	33155
facility, as appropriate. Prior to placing the defendant, the	33156
department of ~~mental health~~mental health and addiction services	33157
shall obtain court approval for that placement. If, at the hearing	33158
under division (A) of this section, the court determines by clear	33159
and convincing evidence that the person requires treatment for	33160
mental retardation, it shall commit the person to a facility	33161
operated by the department of developmental disabilities or	33162
another facility, as appropriate. Further proceedings shall be in	33163
accordance with sections 2945.401 and 2945.402 of the Revised	33164
Code. In determining the place of commitment, the court shall	33165
consider the extent to which the person is a danger to the person	33166
and to others, the need for security, and the type of crime	33167
involved and shall order the least restrictive alternative	33168
available that is consistent with public safety and the welfare of	33169
the person. In weighing these factors, the court shall give	33170
preference to protecting public safety.	33171

(G) If a court makes a commitment of a person under division	33172
(F) of this section, the prosecutor shall send to the hospital,	33173
facility, or agency where the person is placed by the department	33174
of ~~mental health~~mental health and addiction services or to the	33175
defendant's place of commitment all reports of the person's	33176
current mental condition, and, except as otherwise provided in	33177
this division, any other relevant information, including, but not	33178
limited to, a transcript of the hearing held pursuant to division	33179
(A) of this section, copies of relevant police reports, and copies	33180
of any prior arrest and conviction records that pertain to the	33181
person and that the prosecutor possesses. The prosecutor shall	33182
send the reports of the person's current mental condition in every	33183
case of commitment, and, unless the prosecutor determines that the	33184
release of any of the other relevant information to unauthorized	33185
persons would interfere with the effective prosecution of any	33186
person or would create a substantial risk of harm to any person,	33187
the prosecutor also shall send the other relevant information.	33188
Upon admission of a person committed under division (F) of this	33189
section, the place of commitment shall send to the board of	33190
alcohol, drug addiction, and mental health services or the	33191
community mental health board serving the county in which the	33192
charges against the person were filed a copy of all reports of the	33193
person's current mental condition and a copy of the other relevant	33194
information provided by the prosecutor under this division,	33195
including, if provided, a transcript of the hearing held pursuant	33196
to division (A) of this section, the relevant police reports, and	33197
the prior arrest and conviction records that pertain to the person	33198
and that the prosecutor possesses.	33199

(H) A person who is committed pursuant to this section shall	33200
not voluntarily admit the person or be voluntarily admitted to a	33201
hospital or institution pursuant to section 5122.02, 5122.15,	33202
5123.69, or 5123.76 of the Revised Code.	33203

Sec. 2945.401. (A) A defendant found incompetent to stand	33204
trial and committed pursuant to section 2945.39 of the Revised	33205
Code or a person found not guilty by reason of insanity and	33206
committed pursuant to section 2945.40 of the Revised Code shall	33207
remain subject to the jurisdiction of the trial court pursuant to	33208
that commitment, and to the provisions of this section, until the	33209
final termination of the commitment as described in division	33210
(J)(1) of this section. If the jurisdiction is terminated under	33211
this division because of the final termination of the commitment	33212
resulting from the expiration of the maximum prison term or term	33213
of imprisonment described in division (J)(1)(b) of this section,	33214
the court or prosecutor may file an affidavit for the civil	33215
commitment of the defendant or person pursuant to Chapter 5122. or	33216
5123. of the Revised Code.	33217

(B) A hearing conducted under any provision of sections	33218
2945.37 to 2945.402 of the Revised Code shall not be conducted in	33219
accordance with Chapters 5122. and 5123. of the Revised Code. Any	33220
person who is committed pursuant to section 2945.39 or 2945.40 of	33221
the Revised Code shall not voluntarily admit the person or be	33222
voluntarily admitted to a hospital or institution pursuant to	33223
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	33224
All other provisions of Chapters 5122. and 5123. of the Revised	33225
Code regarding hospitalization or institutionalization shall apply	33226
to the extent they are not in conflict with this chapter. A	33227
commitment under section 2945.39 or 2945.40 of the Revised Code	33228
shall not be terminated and the conditions of the commitment shall	33229
not be changed except as otherwise provided in division (D)(2) of	33230
this section with respect to a mentally retarded person subject to	33231
institutionalization by court order or except by order of the	33232
trial court.	33233

(C) The department of ~~mental health~~mental health and	33234
addiction services or the institution, facility, or program to	33235
which a defendant or person has been committed under section	33236
2945.39 or 2945.40 of the Revised Code shall report in writing to	33237
the trial court, at the times specified in this division, as to	33238
whether the defendant or person remains a mentally ill person	33239
subject to hospitalization by court order or a mentally retarded	33240
person subject to institutionalization by court order and, in the	33241
case of a defendant committed under section 2945.39 of the Revised	33242
Code, as to whether the defendant remains incompetent to stand	33243
trial. The department, institution, facility, or program shall	33244
make the reports after the initial six months of treatment and	33245
every two years after the initial report is made. The trial court	33246
shall provide copies of the reports to the prosecutor and to the	33247
counsel for the defendant or person. Within thirty days after its	33248
receipt pursuant to this division of a report from the department,	33249
institution, facility, or program, the trial court shall hold a	33250
hearing on the continued commitment of the defendant or person or	33251
on any changes in the conditions of the commitment of the	33252
defendant or person. The defendant or person may request a change	33253
in the conditions of confinement, and the trial court shall	33254
conduct a hearing on that request if six months or more have	33255
elapsed since the most recent hearing was conducted under this	33256
section.	33257

(D)(1) Except as otherwise provided in division (D)(2) of	33258
this section, when a defendant or person has been committed under	33259
section 2945.39 or 2945.40 of the Revised Code, at any time after	33260
evaluating the risks to public safety and the welfare of the	33261
defendant or person, the designee of the department of ~~mental~~	33262
~~health~~mental health and addiction services or the managing	33263
officer of the institution or director of the facility or program	33264
to which the defendant or person is committed may recommend a	33265
termination of the defendant's or person's commitment or a change	33266
in the conditions of the defendant's or person's commitment.	33267

Except as otherwise provided in division (D)(2) of this	33268
section, if the designee of the department of ~~mental health~~mental	33269
health and addiction services recommends on-grounds unsupervised	33270
movement, off-grounds supervised movement, or nonsecured status	33271
for the defendant or person or termination of the defendant's or	33272
person's commitment, the following provisions apply:	33273

(a) If the department's designee recommends on-grounds	33274
unsupervised movement or off-grounds supervised movement, the	33275
department's designee shall file with the trial court an	33276
application for approval of the movement and shall send a copy of	33277
the application to the prosecutor. Within fifteen days after	33278
receiving the application, the prosecutor may request a hearing on	33279
the application and, if a hearing is requested, shall so inform	33280
the department's designee. If the prosecutor does not request a	33281
hearing within the fifteen-day period, the trial court shall	33282
approve the application by entering its order approving the	33283
requested movement or, within five days after the expiration of	33284
the fifteen-day period, shall set a date for a hearing on the	33285
application. If the prosecutor requests a hearing on the	33286
application within the fifteen-day period, the trial court shall	33287
hold a hearing on the application within thirty days after the	33288
hearing is requested. If the trial court, within five days after	33289
the expiration of the fifteen-day period, sets a date for a	33290
hearing on the application, the trial court shall hold the hearing	33291
within thirty days after setting the hearing date. At least	33292
fifteen days before any hearing is held under this division, the	33293
trial court shall give the prosecutor written notice of the date,	33294
time, and place of the hearing. At the conclusion of each hearing	33295
conducted under this division, the trial court either shall	33296
approve or disapprove the application and shall enter its order	33297
accordingly.	33298

(b) If the department's designee recommends termination of	33299
the defendant's or person's commitment at any time or if the	33300
department's designee recommends the first of any nonsecured	33301
status for the defendant or person, the department's designee	33302
shall send written notice of this recommendation to the trial	33303
court and to the local forensic center. The local forensic center	33304
shall evaluate the committed defendant or person and, within	33305
thirty days after its receipt of the written notice, shall submit	33306
to the trial court and the department's designee a written report	33307
of the evaluation. The trial court shall provide a copy of the	33308
department's designee's written notice and of the local forensic	33309
center's written report to the prosecutor and to the counsel for	33310
the defendant or person. Upon the local forensic center's	33311
submission of the report to the trial court and the department's	33312
designee, all of the following apply:	33313

(i) If the forensic center disagrees with the recommendation	33314
of the department's designee, it shall inform the department's	33315
designee and the trial court of its decision and the reasons for	33316
the decision. The department's designee, after consideration of	33317
the forensic center's decision, shall either withdraw, proceed	33318
with, or modify and proceed with the recommendation. If the	33319
department's designee proceeds with, or modifies and proceeds	33320
with, the recommendation, the department's designee shall proceed	33321
in accordance with division (D)(1)(b)(iii) of this section.	33322

(ii) If the forensic center agrees with the recommendation of	33323
the department's designee, it shall inform the department's	33324
designee and the trial court of its decision and the reasons for	33325
the decision, and the department's designee shall proceed in	33326
accordance with division (D)(1)(b)(iii) of this section.	33327

(iii) If the forensic center disagrees with the	33328
recommendation of the department's designee and the department's	33329
designee proceeds with, or modifies and proceeds with, the	33330
recommendation or if the forensic center agrees with the	33331
recommendation of the department's designee, the department's	33332
designee shall work with community mental health ~~agencies~~services	33333
providers, programs, facilities, or boards of alcohol, drug	33334
addiction, and mental health services or community mental health	33335
boards to develop a plan to implement the recommendation. If the	33336
defendant or person is on medication, the plan shall include, but	33337
shall not be limited to, a system to monitor the defendant's or	33338
person's compliance with the prescribed medication treatment plan.	33339
The system shall include a schedule that clearly states when the	33340
defendant or person shall report for a medication compliance	33341
check. The medication compliance checks shall be based upon the	33342
effective duration of the prescribed medication, taking into	33343
account the route by which it is taken, and shall be scheduled at	33344
intervals sufficiently close together to detect a potential	33345
increase in mental illness symptoms that the medication is	33346
intended to prevent.	33347

The department's designee, after consultation with the board	33348
of alcohol, drug addiction, and mental health services or the	33349
community mental health board serving the area, shall send the	33350
recommendation and plan developed under division (D)(1)(b)(iii) of	33351
this section, in writing, to the trial court, the prosecutor, and	33352
the counsel for the committed defendant or person. The trial court	33353
shall conduct a hearing on the recommendation and plan developed	33354
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	33355
and (d) and (E) to (J) of this section apply regarding the	33356
hearing.	33357

(c) If the department's designee's recommendation is for	33358
nonsecured status or termination of commitment, the prosecutor may	33359
obtain an independent expert evaluation of the defendant's or	33360
person's mental condition, and the trial court may continue the	33361
hearing on the recommendation for a period of not more than thirty	33362
days to permit time for the evaluation.	33363

The prosecutor may introduce the evaluation report or present	33364
other evidence at the hearing in accordance with the Rules of	33365
Evidence.	33366

(d) The trial court shall schedule the hearing on a	33367
department's designee's recommendation for nonsecured status or	33368
termination of commitment and shall give reasonable notice to the	33369
prosecutor and the counsel for the defendant or person. Unless	33370
continued for independent evaluation at the prosecutor's request	33371
or for other good cause, the hearing shall be held within thirty	33372
days after the trial court's receipt of the recommendation and	33373
plan.	33374

(2)(a) Division (D)(1) of this section does not apply to	33375
on-grounds unsupervised movement of a defendant or person who has	33376
been committed under section 2945.39 or 2945.40 of the Revised	33377
Code, who is a mentally retarded person subject to	33378
institutionalization by court order, and who is being provided	33379
residential habilitation, care, and treatment in a facility	33380
operated by the department of developmental disabilities.	33381

(b) If, pursuant to section 2945.39 of the Revised Code, the	33382
trial court commits a defendant who is found incompetent to stand	33383
trial and who is a mentally retarded person subject to	33384
institutionalization by court order, if the defendant is being	33385
provided residential habilitation, care, and treatment in a	33386
facility operated by the department of developmental disabilities,	33387
if an individual who is conducting a survey for the department of	33388
health to determine the facility's compliance with the	33389
certification requirements of the medicaid program ~~under Chapter~~	33390
~~5111. of the Revised Code and Title XIX of the "Social Security~~	33391
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	33392
defendant's receipt of the residential habilitation, care, and	33393
treatment in the facility as being inappropriate under the	33394
certification requirements, if the defendant's receipt of the	33395
residential habilitation, care, and treatment in the facility	33396
potentially jeopardizes the facility's continued receipt of	33397
federal medicaid moneys, and if as a result of the citation the	33398
chief clinical officer of the facility determines that the	33399
conditions of the defendant's commitment should be changed, the	33400
department of developmental disabilities may cause the defendant	33401
to be removed from the particular facility and, after evaluating	33402
the risks to public safety and the welfare of the defendant and	33403
after determining whether another type of placement is consistent	33404
with the certification requirements, may place the defendant in	33405
another facility that the department selects as an appropriate	33406
facility for the defendant's continued receipt of residential	33407
habilitation, care, and treatment and that is a no less secure	33408
setting than the facility in which the defendant had been placed	33409
at the time of the citation. Within three days after the	33410
defendant's removal and alternative placement under the	33411
circumstances described in division (D)(2)(b) of this section, the	33412
department of developmental disabilities shall notify the trial	33413
court and the prosecutor in writing of the removal and alternative	33414
placement.	33415

The trial court shall set a date for a hearing on the removal	33416
and alternative placement, and the hearing shall be held within	33417
twenty-one days after the trial court's receipt of the notice from	33418
the department of developmental disabilities. At least ten days	33419
before the hearing is held, the trial court shall give the	33420
prosecutor, the department of developmental disabilities, and the	33421
counsel for the defendant written notice of the date, time, and	33422
place of the hearing. At the hearing, the trial court shall	33423
consider the citation issued by the individual who conducted the	33424
survey for the department of health to be prima-facie evidence of	33425
the fact that the defendant's commitment to the particular	33426
facility was inappropriate under the certification requirements of	33427
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	33428
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	33429
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	33430
particular facility's continued receipt of federal medicaid	33431
moneys. At the conclusion of the hearing, the trial court may	33432
approve or disapprove the defendant's removal and alternative	33433
placement. If the trial court approves the defendant's removal and	33434
alternative placement, the department of developmental	33435
disabilities may continue the defendant's alternative placement.	33436
If the trial court disapproves the defendant's removal and	33437
alternative placement, it shall enter an order modifying the	33438
defendant's removal and alternative placement, but that order	33439
shall not require the department of developmental disabilities to	33440
replace the defendant for purposes of continued residential	33441
habilitation, care, and treatment in the facility associated with	33442
the citation issued by the individual who conducted the survey for	33443
the department of health.	33444

(E) In making a determination under this section regarding	33445
nonsecured status or termination of commitment, the trial court	33446
shall consider all relevant factors, including, but not limited	33447
to, all of the following:	33448

(1) Whether, in the trial court's view, the defendant or	33449
person currently represents a substantial risk of physical harm to	33450
the defendant or person or others;	33451

(2) Psychiatric and medical testimony as to the current	33452
mental and physical condition of the defendant or person;	33453

(3) Whether the defendant or person has insight into the	33454
defendant's or person's condition so that the defendant or person	33455
will continue treatment as prescribed or seek professional	33456
assistance as needed;	33457

(4) The grounds upon which the state relies for the proposed	33458
commitment;	33459

(5) Any past history that is relevant to establish the	33460
defendant's or person's degree of conformity to the laws, rules,	33461
regulations, and values of society;	33462

(6) If there is evidence that the defendant's or person's	33463
mental illness is in a state of remission, the medically suggested	33464
cause and degree of the remission and the probability that the	33465
defendant or person will continue treatment to maintain the	33466
remissive state of the defendant's or person's illness should the	33467
defendant's or person's commitment conditions be altered.	33468

(F) At any hearing held pursuant to division (C) or (D)(1) or	33469
(2) of this section, the defendant or the person shall have all	33470
the rights of a defendant or person at a commitment hearing as	33471
described in section 2945.40 of the Revised Code.	33472

(G) In a hearing held pursuant to division (C) or (D)(1) of	33473
this section, the prosecutor has the burden of proof as follows:	33474

(1) For a recommendation of termination of commitment, to	33475
show by clear and convincing evidence that the defendant or person	33476
remains a mentally ill person subject to hospitalization by court	33477
order or a mentally retarded person subject to	33478
institutionalization by court order;	33479

(2) For a recommendation for a change in the conditions of	33480
the commitment to a less restrictive status, to show by clear and	33481
convincing evidence that the proposed change represents a threat	33482
to public safety or a threat to the safety of any person.	33483

(H) In a hearing held pursuant to division (C) or (D)(1) or	33484
(2) of this section, the prosecutor shall represent the state or	33485
the public interest.	33486

(I) At the conclusion of a hearing conducted under division	33487
(D)(1) of this section regarding a recommendation from the	33488
designee of the department of ~~mental health~~mental health and	33489
addiction services, managing officer of the institution, or	33490
director of a facility or program, the trial court may approve,	33491
disapprove, or modify the recommendation and shall enter an order	33492
accordingly.	33493

(J)(1) A defendant or person who has been committed pursuant	33494
to section 2945.39 or 2945.40 of the Revised Code continues to be	33495
under the jurisdiction of the trial court until the final	33496
termination of the commitment. For purposes of division (J) of	33497
this section, the final termination of a commitment occurs upon	33498
the earlier of one of the following:	33499

(a) The defendant or person no longer is a mentally ill	33500
person subject to hospitalization by court order or a mentally	33501
retarded person subject to institutionalization by court order, as	33502
determined by the trial court;	33503

(b) The expiration of the maximum prison term or term of	33504
imprisonment that the defendant or person could have received if	33505
the defendant or person had been convicted of the most serious	33506
offense with which the defendant or person is charged or in	33507
relation to which the defendant or person was found not guilty by	33508
reason of insanity;	33509

(c) The trial court enters an order terminating the	33510
commitment under the circumstances described in division	33511
(J)(2)(a)(ii) of this section.	33512

(2)(a) If a defendant is found incompetent to stand trial and	33513
committed pursuant to section 2945.39 of the Revised Code, if	33514
neither of the circumstances described in divisions (J)(1)(a) and	33515
(b) of this section applies to that defendant, and if a report	33516
filed with the trial court pursuant to division (C) of this	33517
section indicates that the defendant presently is competent to	33518
stand trial or if, at any other time during the period of the	33519
defendant's commitment, the prosecutor, the counsel for the	33520
defendant, or the designee of the department of ~~mental health~~	33521
mental health and addiction services or the managing officer of	33522
the institution or director of the facility or program to which	33523
the defendant is committed files an application with the trial	33524
court alleging that the defendant presently is competent to stand	33525
trial and requesting a hearing on the competency issue or the	33526
trial court otherwise has reasonable cause to believe that the	33527
defendant presently is competent to stand trial and determines on	33528
its own motion to hold a hearing on the competency issue, the	33529
trial court shall schedule a hearing on the competency of the	33530
defendant to stand trial, shall give the prosecutor, the counsel	33531
for the defendant, and the department's designee or the managing	33532
officer of the institution or the director of the facility to	33533
which the defendant is committed notice of the date, time, and	33534
place of the hearing at least fifteen days before the hearing, and	33535
shall conduct the hearing within thirty days of the filing of the	33536
application or of its own motion. If, at the conclusion of the	33537
hearing, the trial court determines that the defendant presently	33538
is capable of understanding the nature and objective of the	33539
proceedings against the defendant and of assisting in the	33540
defendant's defense, the trial court shall order that the	33541
defendant is competent to stand trial and shall be proceeded	33542
against as provided by law with respect to the applicable offenses	33543
described in division (C)(1) of section 2945.38 of the Revised	33544
Code and shall enter whichever of the following additional orders	33545
is appropriate:	33546

(i) If the trial court determines that the defendant remains	33547
a mentally ill person subject to hospitalization by court order or	33548
a mentally retarded person subject to institutionalization by	33549
court order, the trial court shall order that the defendant's	33550
commitment to the department of ~~mental health~~mental health and	33551
addiction services or to an institution, facility, or program for	33552
the treatment of mental retardation be continued during the	33553
pendency of the trial on the applicable offenses described in	33554
division (C)(1) of section 2945.38 of the Revised Code.	33555

(ii) If the trial court determines that the defendant no	33556
longer is a mentally ill person subject to hospitalization by	33557
court order or a mentally retarded person subject to	33558
institutionalization by court order, the trial court shall order	33559
that the defendant's commitment to the department of ~~mental health~~	33560
mental health and addiction services or to an institution,	33561
facility, or program for the treatment of mental retardation shall	33562
not be continued during the pendency of the trial on the	33563
applicable offenses described in division (C)(1) of section	33564
2945.38 of the Revised Code. This order shall be a final	33565
termination of the commitment for purposes of division (J)(1)(c)	33566
of this section.	33567

(b) If, at the conclusion of the hearing described in	33568
division (J)(2)(a) of this section, the trial court determines	33569
that the defendant remains incapable of understanding the nature	33570
and objective of the proceedings against the defendant or of	33571
assisting in the defendant's defense, the trial court shall order	33572
that the defendant continues to be incompetent to stand trial,	33573
that the defendant's commitment to the department of ~~mental health~~	33574
mental health and addiction services or to an institution,	33575
facility, or program for the treatment of mental retardation shall	33576
be continued, and that the defendant remains subject to the	33577
jurisdiction of the trial court pursuant to that commitment, and	33578
to the provisions of this section, until the final termination of	33579
the commitment as described in division (J)(1) of this section.	33580

Sec. 2951.041. (A)(1) If an offender is charged with a	33581
criminal offense, including but not limited to a violation of	33582
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	33583
the Revised Code, and the court has reason to believe that drug or	33584
alcohol usage by the offender was a factor leading to the criminal	33585
offense with which the offender is charged or that, at the time of	33586
committing that offense, the offender had a mental illness or was	33587
a person with intellectual disability and that the mental illness	33588
or status as a person with intellectual disability was a factor	33589
leading to the offender's criminal behavior, the court may accept,	33590
prior to the entry of a guilty plea, the offender's request for	33591
intervention in lieu of conviction. The request shall include a	33592
statement from the offender as to whether the offender is alleging	33593
that drug or alcohol usage by the offender was a factor leading to	33594
the criminal offense with which the offender is charged or is	33595
alleging that, at the time of committing that offense, the	33596
offender had a mental illness or was a person with intellectual	33597
disability and that the mental illness or status as a person with	33598
intellectual disability was a factor leading to the criminal	33599
offense with which the offender is charged. The request also shall	33600
include a waiver of the defendant's right to a speedy trial, the	33601
preliminary hearing, the time period within which the grand jury	33602
may consider an indictment against the offender, and arraignment,	33603
unless the hearing, indictment, or arraignment has already	33604
occurred. The court may reject an offender's request without a	33605
hearing. If the court elects to consider an offender's request,	33606
the court shall conduct a hearing to determine whether the	33607
offender is eligible under this section for intervention in lieu	33608
of conviction and shall stay all criminal proceedings pending the	33609
outcome of the hearing. If the court schedules a hearing, the	33610
court shall order an assessment of the offender for the purpose of	33611
determining the offender's eligibility for intervention in lieu of	33612
conviction and recommending an appropriate intervention plan.	33613

If the offender alleges that drug or alcohol usage by the	33614
offender was a factor leading to the criminal offense with which	33615
the offender is charged, the court may order that the offender be	33616
assessed by ~~a program~~an addiction services provider certified	33617
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	33618
properly credentialed professional for the purpose of determining	33619
the offender's eligibility for intervention in lieu of conviction	33620
and recommending an appropriate intervention plan. The ~~program~~	33621
addiction services provider or the properly credentialed	33622
professional shall provide a written assessment of the offender to	33623
the court.	33624

(2) The victim notification provisions of division (C) of	33625
section 2930.08 of the Revised Code apply in relation to any	33626
hearing held under division (A)(1) of this section.	33627

(B) An offender is eligible for intervention in lieu of	33628
conviction if the court finds all of the following:	33629

(1) The offender previously has not been convicted of or	33630
pleaded guilty to a felony offense of violence or previously has	33631
been convicted of or pleaded guilty to any felony that is not an	33632
offense of violence and the prosecuting attorney recommends that	33633
the offender be found eligible for participation in intervention	33634
in lieu of treatment under this section, previously has not been	33635
through intervention in lieu of conviction under this section or	33636
any similar regimen, and is charged with a felony for which the	33637
court, upon conviction, would impose a community control sanction	33638
on the offender under division (B)(2) of section 2929.13 of the	33639
Revised Code or with a misdemeanor.	33640

(2) The offense is not a felony of the first, second, or	33641
third degree, is not an offense of violence, is not a violation of	33642
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	33643
not a violation of division (A)(1) of section 2903.08 of the	33644
Revised Code, is not a violation of division (A) of section	33645
4511.19 of the Revised Code or a municipal ordinance that is	33646
substantially similar to that division, and is not an offense for	33647
which a sentencing court is required to impose a mandatory prison	33648
term, a mandatory term of local incarceration, or a mandatory term	33649
of imprisonment in a jail.	33650

(3) The offender is not charged with a violation of section	33651
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	33652
with a violation of section 2925.03 of the Revised Code that is a	33653
felony of the first, second, third, or fourth degree, and is not	33654
charged with a violation of section 2925.11 of the Revised Code	33655
that is a felony of the first, second, or third degree.	33656

(4) If an offender alleges that drug or alcohol usage by the	33657
offender was a factor leading to the criminal offense with which	33658
the offender is charged, the court has ordered that the offender	33659
be assessed by ~~a program~~an addiction services provider certified	33660
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	33661
properly credentialed professional for the purpose of determining	33662
the offender's eligibility for intervention in lieu of conviction	33663
and recommending an appropriate intervention plan, the offender	33664
has been assessed by ~~a program~~an addiction services provider of	33665
that nature or a properly credentialed professional in accordance	33666
with the court's order, and the ~~program~~addiction services	33667
provider or properly credentialed professional has filed the	33668
written assessment of the offender with the court.	33669

(5) If an offender alleges that, at the time of committing	33670
the criminal offense with which the offender is charged, the	33671
offender had a mental illness or was a person with intellectual	33672
disability and that the mental illness or status as a person with	33673
intellectual disability was a factor leading to that offense, the	33674
offender has been assessed by a psychiatrist, psychologist,	33675
independent social worker, or professional clinical counselor for	33676
the purpose of determining the offender's eligibility for	33677
intervention in lieu of conviction and recommending an appropriate	33678
intervention plan.	33679

(6) The offender's drug usage, alcohol usage, mental illness,	33680
or intellectual disability, whichever is applicable, was a factor	33681
leading to the criminal offense with which the offender is	33682
charged, intervention in lieu of conviction would not demean the	33683
seriousness of the offense, and intervention would substantially	33684
reduce the likelihood of any future criminal activity.	33685

(7) The alleged victim of the offense was not sixty-five	33686
years of age or older, permanently and totally disabled, under	33687
thirteen years of age, or a peace officer engaged in the officer's	33688
official duties at the time of the alleged offense.	33689

(8) If the offender is charged with a violation of section	33690
2925.24 of the Revised Code, the alleged violation did not result	33691
in physical harm to any person, and the offender previously has	33692
not been treated for drug abuse.	33693

(9) The offender is willing to comply with all terms and	33694
conditions imposed by the court pursuant to division (D) of this	33695
section.	33696

(10) The offender is not charged with an offense that would	33697
result in the offender being disqualified under Chapter 4506. of	33698
the Revised Code from operating a commercial motor vehicle or	33699
would subject the offender to any other sanction under that	33700
chapter.	33701

(C) At the conclusion of a hearing held pursuant to division	33702
(A) of this section, the court shall enter its determination as to	33703
whether the offender is eligible for intervention in lieu of	33704
conviction and as to whether to grant the offender's request. If	33705
the court finds under division (B) of this section that the	33706
offender is eligible for intervention in lieu of conviction and	33707
grants the offender's request, the court shall accept the	33708
offender's plea of guilty and waiver of the defendant's right to a	33709
speedy trial, the preliminary hearing, the time period within	33710
which the grand jury may consider an indictment against the	33711
offender, and arraignment, unless the hearing, indictment, or	33712
arraignment has already occurred. In addition, the court then may	33713
stay all criminal proceedings and order the offender to comply	33714
with all terms and conditions imposed by the court pursuant to	33715
division (D) of this section. If the court finds that the offender	33716
is not eligible or does not grant the offender's request, the	33717
criminal proceedings against the offender shall proceed as if the	33718
offender's request for intervention in lieu of conviction had not	33719
been made.	33720

(D) If the court grants an offender's request for	33721
intervention in lieu of conviction, the court shall place the	33722
offender under the general control and supervision of the county	33723
probation department, the adult parole authority, or another	33724
appropriate local probation or court services agency, if one	33725
exists, as if the offender was subject to a community control	33726
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	33727
Revised Code. The court shall establish an intervention plan for	33728
the offender. The terms and conditions of the intervention plan	33729
shall require the offender, for at least one year from the date on	33730
which the court grants the order of intervention in lieu of	33731
conviction, to abstain from the use of illegal drugs and alcohol,	33732
to participate in treatment and recovery support services, and to	33733
submit to regular random testing for drug and alcohol use and may	33734
include any other treatment terms and conditions, or terms and	33735
conditions similar to community control sanctions, which may	33736
include community service or restitution, that are ordered by the	33737
court.	33738

(E) If the court grants an offender's request for	33739
intervention in lieu of conviction and the court finds that the	33740
offender has successfully completed the intervention plan for the	33741
offender, including the requirement that the offender abstain from	33742
using illegal drugs and alcohol for a period of at least one year	33743
from the date on which the court granted the order of intervention	33744
in lieu of conviction, the requirement that the offender	33745
participate in treatment and recovery support services, and all	33746
other terms and conditions ordered by the court, the court shall	33747
dismiss the proceedings against the offender. Successful	33748
completion of the intervention plan and period of abstinence under	33749
this section shall be without adjudication of guilt and is not a	33750
criminal conviction for purposes of any disqualification or	33751
disability imposed by law and upon conviction of a crime, and the	33752
court may order the sealing of records related to the offense in	33753
question in the manner provided in sections 2953.31 to 2953.36 of	33754
the Revised Code.	33755

(F) If the court grants an offender's request for	33756
intervention in lieu of conviction and the offender fails to	33757
comply with any term or condition imposed as part of the	33758
intervention plan for the offender, the supervising authority for	33759
the offender promptly shall advise the court of this failure, and	33760
the court shall hold a hearing to determine whether the offender	33761
failed to comply with any term or condition imposed as part of the	33762
plan. If the court determines that the offender has failed to	33763
comply with any of those terms and conditions, it shall enter a	33764
finding of guilty and shall impose an appropriate sanction under	33765
Chapter 2929. of the Revised Code. If the court sentences the	33766
offender to a prison term, the court, after consulting with the	33767
department of rehabilitation and correction regarding the	33768
availability of services, may order continued court-supervised	33769
activity and treatment of the offender during the prison term and,	33770
upon consideration of reports received from the department	33771
concerning the offender's progress in the program of activity and	33772
treatment, may consider judicial release under section 2929.20 of	33773
the Revised Code.	33774

(G) As used in this section:

33775

(1) "Community control sanction" has the same meaning as in	33776
section 2929.01 of the Revised Code.	33777

(2) "Intervention in lieu of conviction" means any	33778
court-supervised activity that complies with this section.	33779

(3) "Peace officer" has the same meaning as in section	33780
2935.01 of the Revised Code.	33781

(4) "Mental illness" and "psychiatrist" have the same	33782
meanings as in section 5122.01 of the Revised Code.	33783

(5) "Person with intellectual disability" means a person	33784
having significantly subaverage general intellectual functioning	33785
existing concurrently with deficiencies in adaptive behavior,	33786
manifested during the developmental period.	33787

(6) "Psychologist" has the same meaning as in section 4732.01	33788
of the Revised Code.	33789

(H) Whenever the term "mentally retarded person" is used in	33790
any statute, rule, contract, grant, or other document, the	33791
reference shall be deemed to include a "person with intellectual	33792
disability," as defined in this section.	33793

Sec. 2967.22. Whenever it is brought to the attention of the	33794
adult parole authority or a department of probation that a	33795
parolee, person under a community control sanction, person under	33796
transitional control, or releasee appears to be a mentally ill	33797
person subject to hospitalization by court order, as defined in	33798
section 5122.01 of the Revised Code, or a mentally retarded person	33799
subject to institutionalization by court order, as defined in	33800
section 5123.01 of the Revised Code, the parole or probation	33801
officer, subject to the approval of the chief of the adult parole	33802
authority, the designee of the chief of the adult parole	33803
authority, or the chief probation officer, may file an affidavit	33804
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	33805
person under a community control sanction, or releasee who is	33806
involuntarily detained under Chapter 5122. or 5123. of the Revised	33807
Code shall receive credit against the period of parole or	33808
community control or the term of post-release control for the	33809
period of involuntary detention.	33810

If a parolee, person under a community control sanction,	33811
person under transitional control, or releasee escapes from an	33812
institution or facility within the department of ~~mental health~~	33813
mental health and addiction services or the department of	33814
developmental disabilities, the superintendent of the institution	33815
immediately shall notify the chief of the adult parole authority	33816
or the chief probation officer. Notwithstanding the provisions of	33817
section 5122.26 of the Revised Code, the procedure for the	33818
apprehension, detention, and return of the parolee, person under a	33819
community control sanction, person under transitional control, or	33820
releasee is the same as that provided for the apprehension,	33821
detention, and return of persons who escape from institutions	33822
operated by the department of rehabilitation and correction. If	33823
the escaped parolee, person under transitional control, or	33824
releasee is not apprehended and returned to the custody of the	33825
department of ~~mental health~~mental health and addiction services	33826
or the department of developmental disabilities within ninety days	33827
after the escape, the parolee, person under transitional control,	33828
or releasee shall be discharged from the custody of the department	33829
of ~~mental health~~mental health and addiction services or the	33830
department of developmental disabilities and returned to the	33831
custody of the department of rehabilitation and correction. If the	33832
escaped person under a community control sanction is not	33833
apprehended and returned to the custody of the department of	33834
~~mental health~~mental health and addiction services or the	33835
department of developmental disabilities within ninety days after	33836
the escape, the person under a community control sanction shall be	33837
discharged from the custody of the department of ~~mental health~~	33838
mental health and addiction services or the department of	33839
developmental disabilities and returned to the custody of the	33840
court that sentenced that person.	33841

Sec. 2981.12. (A) Unclaimed or forfeited property in the	33842
custody of a law enforcement agency, other than property described	33843
in division (A)(2) of section 2981.11 of the Revised Code, shall	33844
be disposed of by order of any court of record that has	33845
territorial jurisdiction over the political subdivision that	33846
employs the law enforcement agency, as follows:	33847

(1) Drugs shall be disposed of pursuant to section 3719.11 of	33848
the Revised Code or placed in the custody of the secretary of the	33849
treasury of the United States for disposal or use for medical or	33850
scientific purposes under applicable federal law.	33851

(2) Firearms and dangerous ordnance suitable for police work	33852
may be given to a law enforcement agency for that purpose.	33853
Firearms suitable for sporting use or as museum pieces or	33854
collectors' items may be sold at public auction pursuant to	33855
division (B) of this section. The agency may sell other firearms	33856
and dangerous ordnance to a federally licensed firearms dealer in	33857
a manner that the court considers proper. The agency shall destroy	33858
any firearms or dangerous ordnance not given to a law enforcement	33859
agency or sold or shall send them to the bureau of criminal	33860
identification and investigation for destruction by the bureau.	33861

(3) Obscene materials shall be destroyed.

33862

(4) Beer, intoxicating liquor, or alcohol seized from a	33863
person who does not hold a permit issued under Chapters 4301. and	33864
4303. of the Revised Code or otherwise forfeited to the state for	33865
an offense under section 4301.45 or 4301.53 of the Revised Code	33866
shall be sold by the division of liquor control if the division	33867
determines that it is fit for sale or shall be placed in the	33868
custody of the investigations unit in the department of public	33869
safety and be used for training relating to law enforcement	33870
activities. The department, with the assistance of the division of	33871
liquor control, shall adopt rules in accordance with Chapter 119.	33872
of the Revised Code to provide for the distribution to state or	33873
local law enforcement agencies upon their request. If any tax	33874
imposed under Title XLIII of the Revised Code has not been paid in	33875
relation to the beer, intoxicating liquor, or alcohol, any moneys	33876
acquired from the sale shall first be used to pay the tax. All	33877
other money collected under this division shall be paid into the	33878
state treasury. Any beer, intoxicating liquor, or alcohol that the	33879
division determines to be unfit for sale shall be destroyed.	33880

(5) Money received by an inmate of a correctional institution	33881
from an unauthorized source or in an unauthorized manner shall be	33882
returned to the sender, if known, or deposited in the inmates'	33883
industrial and entertainment fund of the institution if the sender	33884
is not known.	33885

(6)(a) Any mobile instrumentality forfeited under this	33886
chapter may be given to the law enforcement agency that initially	33887
seized the mobile instrumentality for use in performing its	33888
duties, if the agency wants the mobile instrumentality. The agency	33889
shall take the mobile instrumentality subject to any security	33890
interest or lien on the mobile instrumentality.	33891

(b) Vehicles and vehicle parts forfeited under sections	33892
4549.61 to 4549.63 of the Revised Code may be given to a law	33893
enforcement agency for use in performing its duties. Those parts	33894
may be incorporated into any other official vehicle. Parts that do	33895
not bear vehicle identification numbers or derivatives of them may	33896
be sold or disposed of as provided by rules of the director of	33897
public safety. Parts from which a vehicle identification number or	33898
derivative of it has been removed, defaced, covered, altered, or	33899
destroyed and that are not suitable for police work or	33900
incorporation into an official vehicle shall be destroyed and sold	33901
as junk or scrap.	33902

(7) Computers, computer networks, computer systems, and	33903
computer software suitable for police work may be given to a law	33904
enforcement agency for that purpose or disposed of under division	33905
(B) of this section.	33906

(8) Money seized in connection with a violation of section	33907
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	33908
deposited in the victims of human trafficking fund created by	33909
section 5101.87 of the Revised Code.	33910

(B) Unclaimed or forfeited property that is not described in	33911
division (A) of this section or division (A)(2) of section 2981.11	33912
of the Revised Code, with court approval, may be used by the law	33913
enforcement agency in possession of it. If it is not used by the	33914
agency, it may be sold without appraisal at a public auction to	33915
the highest bidder for cash or disposed of in another manner that	33916
the court considers proper.	33917

(C) Except as provided in divisions (A) and (F) of this	33918
section and after compliance with division (D) of this section	33919
when applicable, any moneys acquired from the sale of property	33920
disposed of pursuant to this section shall be placed in the	33921
general revenue fund of the state, or the general fund of the	33922
county, the township, or the municipal corporation of which the	33923
law enforcement agency involved is an agency.	33924

(D) If the property was in the possession of the law	33925
enforcement agency in relation to a delinquent child proceeding in	33926
a juvenile court, ten per cent of any moneys acquired from the	33927
sale of property disposed of under this section shall be applied	33928
to one or more ~~alcohol and drug~~community addiction treatment	33929
~~programs~~services providers that are certified by the department	33930
of ~~alcohol and drug addiction services~~mental health and addiction	33931
services under section ~~3793.06~~5119.36 of the Revised Code. A	33932
juvenile court shall not specify a ~~program~~services provider,	33933
except as provided in this division, unless the ~~program~~services	33934
provider is in the same county as the court or in a contiguous	33935
county. If no certified ~~program~~services provider is located in	33936
any of those counties, the juvenile court may specify a certified	33937
~~program~~services provider anywhere in Ohio. The remaining ninety	33938
per cent of the proceeds or cash shall be applied as provided in	33939
division (C) of this section.	33940

Each ~~treatment program~~services provider that receives in any	33941
calendar year forfeited money under this division shall file an	33942
annual report for that year with the attorney general and with the	33943
court of common pleas and board of county commissioners of the	33944
county in which the ~~program~~services provider is located and of	33945
any other county from which the ~~program~~services provider received	33946
forfeited money. The ~~program~~services provider shall file the	33947
report on or before the first day of March in the calendar year	33948
following the calendar year in which the ~~program~~services provider	33949
received the money. The report shall include statistics on the	33950
number of persons the ~~program~~services provider served, identify	33951
the types of treatment services it provided to them, and include a	33952
specific accounting of the purposes for which it used the money so	33953
received. No information contained in the report shall identify,	33954
or enable a person to determine the identity of, any person served	33955
by the ~~program~~services provider.	33956

(E) Each certified ~~alcohol and drug~~community addiction	33957
~~treatment program~~services provider that receives in any calendar	33958
year money under this section or under section 2981.13 of the	33959
Revised Code as the result of a juvenile forfeiture order shall	33960
file an annual report for that calendar year with the attorney	33961
general and with the court of common pleas and board of county	33962
commissioners of the county in which the ~~program~~services provider	33963
is located and of any other county from which the ~~program~~services	33964
provider received the money. The ~~program~~services provider shall	33965
file the report on or before the first day of March in the	33966
calendar year following the year in which the ~~program~~services	33967
provider received the money. The report shall include statistics	33968
on the number of persons served with the money, identify the types	33969
of treatment services provided, and specifically account for how	33970
the money was used. No information in the report shall identify or	33971
enable a person to determine the identity of anyone served by the	33972
~~program~~services provider.	33973

As used in this division, "juvenile-related forfeiture order"	33974
means any forfeiture order issued by a juvenile court under	33975
section 2981.04 or 2981.05 of the Revised Code and any disposal of	33976
property ordered by a court under section 2981.11 of the Revised	33977
Code regarding property that was in the possession of a law	33978
enforcement agency in relation to a delinquent child proceeding in	33979
a juvenile court.	33980

(F) Each board of county commissioners that recognizes a	33981
citizens' reward program under section 9.92 of the Revised Code	33982
shall notify each law enforcement agency of that county and of a	33983
township or municipal corporation wholly located in that county of	33984
the recognition by filing a copy of its resolution conferring that	33985
recognition with each of those agencies. When the board recognizes	33986
a citizens' reward program and the county includes a part, but not	33987
all, of the territory of a municipal corporation, the board shall	33988
so notify the law enforcement agency of that municipal corporation	33989
of the recognition of the citizens' reward program only if the	33990
county contains the highest percentage of the municipal	33991
corporation's population.	33992

Upon being so notified, each law enforcement agency shall pay	33993
twenty-five per cent of any forfeited proceeds or cash derived	33994
from each sale of property disposed of pursuant to this section to	33995
the citizens' reward program for use exclusively to pay rewards.	33996
No part of the funds may be used to pay expenses associated with	33997
the program. If a citizens' reward program that operates in more	33998
than one county or in another state in addition to this state	33999
receives funds under this section, the funds shall be used to pay	34000
rewards only for tips and information to law enforcement agencies	34001
concerning offenses committed in the county from which the funds	34002
were received.	34003

Receiving funds under this section or section 2981.11 of the	34004
Revised Code does not make the citizens' reward program a	34005
governmental unit or public office for purposes of section 149.43	34006
of the Revised Code.	34007

(G) Any property forfeited under this chapter shall not be	34008
used to pay any fine imposed upon a person who is convicted of or	34009
pleads guilty to an underlying criminal offense or a different	34010
offense arising out of the same facts and circumstances.	34011

(H) Any moneys acquired from the sale of personal effects,	34012
tools, or other property seized because the personal effects,	34013
tools, or other property were used in the commission of a	34014
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	34015
Code or derived from the proceeds of the commission of a violation	34016
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	34017
disposed of pursuant to this section shall be placed in the	34018
victims of human trafficking fund created by section 5101.87 of	34019
the Revised Code.	34020

Sec. 3101.051. (A) Except as provided in division (B) of	34021
this section, a probate court shall make available to any person	34022
for inspection the records pertaining to the issuance of marriage	34023
licenses as provided under section 149.43 of the Revised Code.	34024

(B) Before it makes available to a person any records	34025
pertaining to the issuance of a marriage license as described in	34026
division (A) of this section, subject to division (C) of this	34027
section, a probate court shall delete or otherwise remove any	34028
social security numbers of the parties to a marriage so that they	34029
are not available to the person inspecting the records.	34030

(C) Division (B) of this section does not apply in any of the	34031
following circumstances:	34032

(1) If the records in question are inspected by authorized	34033
personnel of the division of child support in the department of	34034
job and family services under section ~~5101.31~~5101.37 of the	34035
Revised Code;	34036

(2) If the records in question are inspected by law	34037
enforcement personnel for purposes of a criminal investigation;	34038

(3) If the records in question with the social security	34039
numbers are necessary for use in a civil or criminal trial and the	34040
release of the records with the social security numbers is ordered	34041
by a court with jurisdiction over the trial;	34042

(4) If the records in question are inspected by either party	34043
to the marriage to which the records pertain;	34044

(5) If the court possessed the records in question prior to	34045
the effective date of this section.	34046

Sec. 3107.083. Not later than ninety days after June 20,	34047
1996, the director of job and family services shall do all of the	34048
following:	34049

(A)(1) For a parent of a child who, if adopted, will be an	34050
adopted person as defined in section 3107.45 of the Revised Code,	34051
prescribe a form that has the following six components:	34052

(a) A component the parent signs under section 3107.071,	34053
3107.081, or 5103.151 of the Revised Code to indicate the	34054
requirements of section 3107.082 or 5103.152 of the Revised Code	34055
have been met. The component shall be as follows:	34056

"Statement Concerning Ohio Law and Adoption Materials	34057

By signing this component of this form, I acknowledge that it	34058
has been explained to me, and I understand, that, if I check the	34059
space on the next component of this form that indicates that I	34060
authorize the release, the adoption file maintained by the Ohio	34061
Department of Health, which contains identifying information about	34062
me at the time of my child's birth, will be released, on request,	34063
to the adoptive parent when the adoptee is at least age eighteen	34064
but younger than age twenty-one and to the adoptee when he or she	34065
is age twenty-one or older. It has also been explained to me, and	34066
I understand, that I may prohibit the release of identifying	34067
information about me contained in the adoption file by checking	34068
the space on the next component of this form that indicates that I	34069
do not authorize the release of the identifying information. It	34070
has additionally been explained to me, and I understand, that I	34071
may change my mind regarding the decision I make on the next	34072
component of this form at any time and as many times as I desire	34073
by signing, dating, and having filed with the Ohio Department of	34074
Health a denial of release form or authorization of release form	34075
prescribed and provided by the Department of Health and providing	34076
the Department two items of identification.	34077

By signing this component of this form, I also acknowledge	34078
that I have been provided a copy of written materials about	34079
adoption prepared by the Ohio Department of Job and Family	34080
Services, the adoption process and ramifications of consenting to	34081
adoption or entering into a voluntary permanent custody surrender	34082
agreement have been discussed with me, and I have been provided	34083
the opportunity to review the materials and ask questions about	34084
the materials and discussion.	34085

Signature of biological parent:		34086
Signature of witness:		34087
Date:	"	34088

(b) A component the parent signs under section 3107.071,	34089
3107.081, or 5103.151 of the Revised Code regarding the parent's	34090
decision whether to allow identifying information about the parent	34091
contained in an adoption file maintained by the department of	34092
health to be released to the parent's child and adoptive parent	34093
pursuant to section 3107.47 of the Revised Code. The component	34094
shall be as follows:	34095

"Statement Regarding Release of Identifying Information	34096

The purpose of this component of this form is to allow a	34097
biological parent to decide whether to allow the Ohio Department	34098
of Health to provide an adoptee and adoptive parent identifying	34099
information about the adoptee's biological parent contained in an	34100
adoption file maintained by the Department. Please check one of	34101
the following spaces:	34102

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		34103
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		34104

Signature of biological parent:		34105
Signature of witness:		34106
Date:	"	34107

(c) A component the parent, if the mother of the child,	34108
completes and signs under section 3107.071, 3107.081, or 5103.151	34109
of the Revised Code to indicate, to the extent of the mother's	34110
knowledge, all of the following:	34111

(i) Whether the mother, during her pregnancy, was a recipient	34112
of the ~~medical assistance~~medicaid program ~~established under~~	34113
~~Chapter 5111. of the Revised Code~~ or other public health insurance	34114
program and, if so, the dates her eligibility began and ended;	34115

(ii) Whether the mother, during her pregnancy, was covered by	34116
private health insurance and, if so, the dates the coverage began	34117
and ended, the name of the insurance provider, the type of	34118
coverage, and the identification number of the coverage;	34119

(iii) The name and location of the hospital, freestanding	34120
~~birth~~birthing center, or other place where the mother gave birth	34121
and, if different, received medical care immediately after giving	34122
birth;	34123

(iv) The expenses of the obstetrical and neonatal care;

34124

(v) Whether the mother has been informed that the adoptive	34125
parent or the agency or attorney arranging the adoption are to pay	34126
expenses involved in the adoption, including expenses the mother	34127
has paid and expects to receive or has received reimbursement,	34128
and, if so, what expenses are to be or have been paid and an	34129
estimate of the expenses;	34130

(vi) Any other information related to expenses the department	34131
determines appropriate to be included in this component.	34132

(d) A component the parent may sign to authorize the agency	34133
or attorney arranging the adoption to provide to the child or	34134
adoptive parent materials, other than photographs of the parent,	34135
that the parent requests be given to the child or adoptive parent	34136
pursuant to section 3107.68 of the Revised Code.	34137

(e) A component the parent may sign to authorize the agency	34138
or attorney arranging the adoption to provide to the child or	34139
adoptive parent photographs of the parent pursuant to section	34140
3107.68 of the Revised Code.	34141

(f) A component the parent may sign to authorize the agency	34142
or attorney arranging the adoption to provide to the child or	34143
adoptive parent the first name of the parent pursuant to section	34144
3107.68 of the Revised Code.	34145

(2) State at the bottom of the form that the parent is to	34146
receive a copy of the form the parent signed.	34147

(3) Provide copies of the form prescribed under this division	34148
to probate and juvenile courts, public children services agencies,	34149
private child placing agencies, private noncustodial agencies,	34150
attorneys, and persons authorized to take acknowledgments.	34151

(B)(1) For a parent of a child who, if adopted, will become	34152
an adopted person as defined in section 3107.39 of the Revised	34153
Code, prescribe a form that has the following five components:	34154

(a) A component the parent signs under section 3107.071,	34155
3107.081, or 5103.151 of the Revised Code to attest that the	34156
requirement of division (A) of section 3107.082 or division (A) of	34157
section 5103.152 of the Revised Code has been met;	34158

(b) A component the parent, if the mother of the child,	34159
completes and signs under section 3107.071, 3107.081, or 5103.151	34160
of the Revised Code to indicate, to the extent of the mother's	34161
knowledge, all of the following:	34162

(i) Whether the mother, during her pregnancy, was a recipient	34163
of the ~~medical assistance~~medicaid program ~~established under~~	34164
~~Chapter 5111. of the Revised Code~~ or other public health insurance	34165
program and, if so, the dates her eligibility began and ended;	34166

(ii) Whether the mother, during her pregnancy, was covered by	34167
private health insurance and, if so, the dates the coverage began	34168
and ended, the name of the insurance provider, the type of	34169
coverage, and the identification number of the coverage;	34170

(iii) The name and location of the hospital, freestanding	34171
~~birth~~birthing center, or other place where the mother gave birth	34172
and, if different, received medical care immediately after giving	34173
birth;	34174

(iv) The expenses of the obstetrical and neonatal care;

34175

(v) Whether the mother has been informed that the adoptive	34176
parent or the agency or attorney arranging the adoption are to pay	34177
expenses involved in the adoption, including expenses the mother	34178
has paid and expects to receive or has received reimbursement for,	34179
and, if so, what expenses are to be or have been paid and an	34180
estimate of the expenses;	34181

(vi) Any other information related to expenses the department	34182
determines appropriate to be included in the component.	34183

(c) A component the parent may sign to authorize the agency	34184
or attorney arranging the adoption to provide to the child or	34185
adoptive parent materials, other than photographs of the parent,	34186
that the parent requests be given to the child or adoptive parent	34187
pursuant to section 3107.68 of the Revised Code.	34188

(d) A component the parent may sign to authorize the agency	34189
or attorney arranging the adoption to provide to the child or	34190
adoptive parent photographs of the parent pursuant to section	34191
3107.68 of the Revised Code.	34192

(e) A component the parent may sign to authorize the agency	34193
or attorney arranging the adoption to provide to the child or	34194
adoptive parent the first name of the parent pursuant to section	34195
3107.68 of the Revised Code.	34196

(2) State at the bottom of the form that the parent is to	34197
receive a copy of the form the parent signed.	34198

(3) Provide copies of the form prescribed under this division	34199
to probate and juvenile courts, public children services agencies,	34200
private child placing agencies, private noncustodial agencies, and	34201
attorneys.	34202

(C) Prepare the written materials about adoption that are	34203
required to be given to parents under division (A) of section	34204
3107.082 and division (A) of section 5103.152 of the Revised Code.	34205
The materials shall provide information about the adoption	34206
process, including ramifications of a parent consenting to a	34207
child's adoption or entering into a voluntary permanent custody	34208
surrender agreement. The materials also shall include referral	34209
information for professional counseling and adoption support	34210
organizations. The director shall provide the materials to	34211
assessors.	34212

(D) Adopt rules in accordance with Chapter 119. of the	34213
Revised Code specifying the documents that must be filed with a	34214
probate court under divisions (B) and (D) of section 3107.081 of	34215
the Revised Code and a juvenile court under divisions (C) and (E)	34216
of section 5103.151 of the Revised Code.	34217

Sec. 3109.15. There is hereby created within the department	34218
of job and family services the children's trust fund board	34219
consisting of fifteen members. The directors of ~~alcohol and drug~~	34220
~~addiction services~~mental health and addiction services, health,	34221
and job and family services shall be members of the board. Eight	34222
public members shall be appointed by the governor. These members	34223
shall be persons with demonstrated knowledge in programs for	34224
children, shall be representative of the demographic composition	34225
of this state, and, to the extent practicable, shall be	34226
representative of the following categories: the educational	34227
community; the legal community; the social work community; the	34228
medical community; the voluntary sector; and professional	34229
providers of child abuse and child neglect services. Five of these	34230
members shall be residents of metropolitan statistical areas as	34231
defined by the United States office of management and budget where	34232
the population exceeds four hundred thousand; no two such members	34233
shall be residents of the same metropolitan statistical area. Two	34234
members of the board shall be members of the house of	34235
representatives appointed by the speaker of the house of	34236
representatives and shall be members of two different political	34237
parties. Two members of the board shall be members of the senate	34238
appointed by the president of the senate and shall be members of	34239
two different political parties. All members of the board	34240
appointed by the speaker of the house of representatives or the	34241
president of the senate shall serve until the expiration of the	34242
sessions of the general assembly during which they were appointed.	34243
They may be reappointed to an unlimited number of successive terms	34244
of two years at the pleasure of the speaker of the house of	34245
representatives or president of the senate. Public members shall	34246
serve terms of three years. Each member shall serve until the	34247
member's successor is appointed, or until a period of sixty days	34248
has elapsed, whichever occurs first. No public member may serve	34249
more than two consecutive full terms. All vacancies on the board	34250
shall be filled for the balance of the unexpired term in the same	34251
manner as the original appointment.	34252

Any member of the board may be removed by the member's	34253
appointing authority for misconduct, incompetency, or neglect of	34254
duty after first being given the opportunity to be heard in the	34255
member's own behalf. Pursuant to section 3.17 of the Revised Code,	34256
a member, except a member of the general assembly or a judge of	34257
any court in the state, who fails to attend at least three-fifths	34258
of the regular and special meetings held by the board during any	34259
two-year period forfeits the member's position on the board.	34260

Each member of the board shall serve without compensation but	34261
shall be reimbursed for all actual and necessary expenses incurred	34262
in the performance of official duties.	34263

At the beginning of the first year of each even-numbered	34264
general assembly, the chairperson of the board shall be appointed	34265
by the speaker of the house of representatives from among members	34266
of the board who are members of the house of representatives. At	34267
the beginning of the first year of each odd-numbered general	34268
assembly, the chairperson of the board shall be appointed by the	34269
president of the senate from among the members of the board who	34270
are senate members.	34271

The board shall biennially select a vice-chair from among its	34272
nonlegislative members.	34273

Sec. 3111.04. (A) An action to determine the existence or	34274
nonexistence of the father and child relationship may be brought	34275
by the child or the child's personal representative, the child's	34276
mother or her personal representative, a man alleged or alleging	34277
himself to be the child's father, the child support enforcement	34278
agency of the county in which the child resides if the child's	34279
mother, father, or alleged father is a recipient of public	34280
assistance or of services under Title IV-D of the "Social Security	34281
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	34282
alleged father's personal representative.	34283

(B) An agreement does not bar an action under this section.

34284

(C) If an action under this section is brought before the	34285
birth of the child and if the action is contested, all	34286
proceedings, except service of process and the taking of	34287
depositions to perpetuate testimony, may be stayed until after the	34288
birth.	34289

(D) A recipient of public assistance or of services under	34290
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	34291
U.S.C.A. 651, as amended, shall cooperate with the child support	34292
enforcement agency of the county in which a child resides to	34293
obtain an administrative determination pursuant to sections	34294
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	34295
determination pursuant to sections 3111.01 to 3111.18 of the	34296
Revised Code, of the existence or nonexistence of a parent and	34297
child relationship between the father and the child. If the	34298
recipient fails to cooperate, the agency may commence an action to	34299
determine the existence or nonexistence of a parent and child	34300
relationship between the father and the child pursuant to sections	34301
3111.01 to 3111.18 of the Revised Code.	34302

(E) As used in this section, "public assistance" means all of	34303
the following:	34304

(1) Medicaid ~~under Chapter 5111. of the Revised Code~~;

34305

(2) Ohio works first under Chapter 5107. of the Revised Code;

34306

(3) Disability financial assistance under Chapter 5115. of	34307
the Revised Code.	34308

Sec. 3111.72. The contract between the department of job and	34309
family services and a local hospital shall require all of the	34310
following:	34311

(A) That the hospital provide a staff person to meet with	34312
each unmarried mother who gave birth in or en route to the	34313
hospital within twenty-four hours of the birth or before the	34314
mother is released from the hospital;	34315

(B) That the staff person attempt to meet with the father of	34316
the unmarried mother's child if possible;	34317

(C) That the staff person explain to the unmarried mother and	34318
the father, if he is present, the benefit to the child of	34319
establishing a parent and child relationship between the father	34320
and the child and the various proper procedures for establishing a	34321
parent and child relationship;	34322

(D) That the staff person present to the unmarried mother	34323
and, if possible, the father, the pamphlet or statement regarding	34324
the rights and responsibilities of a natural parent that is	34325
prepared and provided by the department of job and family services	34326
pursuant to section 3111.32 of the Revised Code;	34327

(E) That the staff person provide the mother and, if	34328
possible, the father, all forms and statements necessary to	34329
voluntarily establish a parent and child relationship, including,	34330
but not limited to, the acknowledgment of paternity affidavit	34331
prepared by the department of job and family services pursuant to	34332
section 3111.31 of the Revised Code;	34333

(F) That the staff person, at the request of both the mother	34334
and father, help the mother and father complete any form or	34335
statement necessary to establish a parent and child relationship;	34336

(G) That the hospital provide a notary public to notarize an	34337
acknowledgment of paternity affidavit signed by the mother and	34338
father;	34339

(H) That the staff person present to an unmarried mother who	34340
is not participating in the Ohio works first program established	34341
under Chapter 5107. of the Revised Code or receiving ~~medical~~	34342
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	34343
application for Title IV-D services;	34344

(I) That the staff person forward any completed	34345
acknowledgment of paternity, no later than ten days after it is	34346
completed, to the office of child support in the department of job	34347
and family services;	34348

(J) That the department of job and family services pay the	34349
hospital twenty dollars for every correctly signed and notarized	34350
acknowledgment of paternity affidavit from the hospital.	34351

Sec. 3119.29. (A) As used in this section and sections	34352
3119.30 to 3119.56 of the Revised Code:	34353

(1) "Cash medical support" means an amount ordered to be paid	34354
in a child support order toward the cost of health insurance	34355
provided by a public entity, another parent, or person with whom	34356
the child resides, through employment or otherwise, or for other	34357
medical cost not covered by insurance.	34358

(2) "Federal poverty line" has the same meaning as defined in	34359
section 5104.01 of the Revised Code.	34360

(3) "Health care" means such medical support that includes	34361
coverage under a health insurance plan, payment of costs of	34362
premiums, ~~co-payments~~copayments, and deductibles, or payment for	34363
medical expenses incurred on behalf of the child.	34364

(4) "Health insurance coverage" means accessible private	34365
health insurance that provides primary care services within thirty	34366
miles from the residence of the child subject to the child support	34367
order.	34368

(5) "Health plan administrator" means any entity authorized	34369
under Title XXXIX of the Revised Code to engage in the business of	34370
insurance in this state, any health insuring corporation, any	34371
legal entity that is self-insured and provides benefits to its	34372
employees or members, and the administrator of any such entity or	34373
corporation.	34374

(6) "National medical support notice" means a form required	34375
by the "Child Support Performance and Incentive Act of 1998," P.L.	34376
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	34377
jointly developed and promulgated by the secretary of health and	34378
human services and the secretary of labor in federal regulations	34379
adopted under that act as modified by the department of job and	34380
family services under section 3119.291 of the Revised Code.	34381

(7) "Person required to provide health insurance coverage"	34382
means the obligor, obligee, or both, required by the court under a	34383
court child support order or by the child support enforcement	34384
agency under an administrative child support order to provide	34385
health insurance coverage pursuant to section 3119.30 of the	34386
Revised Code.	34387

(8) Subject to division (B) of this section, "reasonable	34388
cost" means the contributing cost of private family health	34389
insurance to the person responsible for the health care of the	34390
children subject to the child support order that does not exceed	34391
an amount equal to five per cent of the annual gross income of	34392
that person.	34393

(9) "Title XIX" has the same meaning as ~~defined~~ in section	34394
~~5111.20~~5165.01 of the Revised Code.	34395

(B) If the United States secretary of health and human	34396
services issues a regulation defining "reasonable cost" or a	34397
similar term or phrase relevant to the provisions in child support	34398
orders relating to the provision of health care for children	34399
subject to the orders, and if that definition is substantively	34400
different from the meaning of "reasonable cost" as defined in	34401
division (A) of this section, "reasonable cost" as used in this	34402
section shall have the meaning as defined by the United States	34403
secretary of health and human services.	34404

Sec. 3119.54. A party to a child support order issued in	34405
accordance with section 3119.30 of the Revised Code shall notify	34406
any physician, hospital, or other provider of medical services	34407
that provides medical services to the child who is the subject of	34408
the child support order of the number of any health insurance or	34409
health care policy, contract, or plan that covers the child if the	34410
child is eligible for ~~medical assistance under Chapter 5111. of~~	34411
~~the Revised Code~~medicaid. The party shall include in the notice	34412
the name and address of the insurer. Any physician, hospital, or	34413
other provider of medical services ~~for which medical assistance is~~	34414
~~available under Chapter 5111. of the Revised Code~~covered by the	34415
medicaid program who is notified under this section of the	34416
existence of a health insurance or health care policy, contract,	34417
or plan with coverage for children who are eligible for ~~medical~~	34418
~~assistance~~medicaid shall first bill the insurer for any services	34419
provided for those children. If the insurer fails to pay all or	34420
any part of a claim filed under this section and the services for	34421
which the claim is filed are covered by ~~Chapter 5111. of the~~	34422
~~Revised Code~~the medicaid program, the physician, hospital, or	34423
other medical services provider shall bill the remaining unpaid	34424
costs of the services ~~in accordance with Chapter 5111. of the~~	34425
~~Revised Code~~to the medicaid program.	34426

Sec. 3121.441. (A) Notwithstanding the provisions of this	34427
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	34428
and 5107.20 of the Revised Code providing for the office of child	34429
support in the department of job and family services to collect,	34430
withhold, or deduct spousal support, when a court pursuant to	34431
section 3105.18 or 3105.65 of the Revised Code issues or modifies	34432
an order requiring an obligor to pay spousal support or grants or	34433
modifies a decree of dissolution of marriage incorporating a	34434
separation agreement that provides for spousal support, or at any	34435
time after the issuance, granting, or modification of an order or	34436
decree of that type, the court may permit the obligor to make the	34437
spousal support payments directly to the obligee instead of to the	34438
office if the obligee and the obligor have no minor children born	34439
as a result of their marriage and the obligee has not assigned the	34440
spousal support amounts to the department pursuant to section	34441
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	34442

(B) A court that permits an obligor to make spousal support	34443
payments directly to the obligee pursuant to division (A) of this	34444
section shall order the obligor to make the spousal support	34445
payments as a check, as a money order, or in any other form that	34446
establishes a clear record of payment.	34447

(C) If a court permits an obligor to make spousal support	34448
payments directly to an obligee pursuant to division (A) of this	34449
section and the obligor is in default in making any spousal	34450
support payment to the obligee, the court, upon motion of the	34451
obligee or on its own motion, may rescind the permission granted	34452
under that division. After the rescission, the court shall	34453
determine the amount of arrearages in the spousal support payments	34454
and order the obligor to make to the office of child support in	34455
the department of job and family services any spousal support	34456
payments that are in arrears and any future spousal support	34457
payments. Upon the issuance of the order of the court under this	34458
division, the provisions of this chapter, Chapters 3119., 3123.,	34459
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	34460
apply with respect to the collection, withholding, or deduction of	34461
the obligor's spousal support payments that are the subject of	34462
that order of the court.	34463

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	34464
the Revised Code:	34465

(A) "Contractor" means an individual who provides services to	34466
an employer as an independent contractor for compensation that is	34467
reported as income other than wages and who is an individual, the	34468
sole shareholder of a corporation, or the sole member of a limited	34469
liability company. "Contractor" does not include any of the	34470
following:	34471

(1) An individual performing intelligence or	34472
counterintelligence functions for a state agency if the head of	34473
the agency has determined that reporting pursuant to this section	34474
could endanger the safety of the individual or compromise an	34475
ongoing investigation or intelligence mission;	34476

(2) A professionally licensed person who is providing	34477
services to the employer under that license;	34478

(3) An individual who will receive for the services provided	34479
under the contract compensation of less than two thousand five	34480
hundred dollars per year or a greater amount that the director of	34481
job and family services establishes by rule adopted under section	34482
3121.896 of the Revised Code.	34483

(B) "Employee" means an individual who is employed to provide	34484
services to an employer for compensation that is reported as	34485
income from wages. "Employee" does not include an individual	34486
performing intelligence or counterintelligence functions for a	34487
state agency, if the head of the agency has determined that	34488
reporting pursuant to this section could endanger the safety of	34489
the employee or compromise an ongoing investigation or	34490
intelligence mission.	34491

(C) "Employer" means any person or governmental entity other	34492
than the federal government for which an individual performs any	34493
service, of whatever nature, as the employee or contractor of such	34494
person, except that:	34495

(1) If the person for whom the individual performs services	34496
does not have control of the payment of compensation for the	34497
services, "employer" means the person having control of the	34498
payment of the compensation.	34499

(2) In the case of a person paying compensation on behalf of	34500
a nonresident alien individual, foreign partnership, or foreign	34501
corporation not engaged in trade or business within the United	34502
States, "employer" means the person paying the compensation.	34503

(3) In the case of compensation paid to a contractor,	34504
"employer" does not include any person or entity that lacks a	34505
federal employer identification number.	34506

(D) "Newly hired employee" means either of the following:

34507

(1) An employee who has not previously been employed by the	34508
employer;	34509

(2) An employee who was previously employed by an employer	34510
but has been separated from that prior employment for at least	34511
sixty consecutive days.	34512

(E) "Professionally licensed person" has the same meaning as	34513
in section 2925.01 of the Revised Code.	34514

Sec. 3121.891. (A) Except as provided in division (B) or (C)	34515
of this section, every employer shall make a new hire report to	34516
the department of job and family services regarding ~~the hiring,~~	34517
~~rehiring, or return to work as an~~a newly hired employee or a	34518
contractor of a person who resides, works, or will be assigned to	34519
work in this state to whom the employer anticipates paying	34520
compensation.	34521

(B) An employer with employees or contractors in two or more	34522
states that transmits new hire reports magnetically or	34523
electronically may make the new hire report to another state if	34524
the employer does both of the following:	34525

(1) Notifies the Ohio department of job and family services	34526
and the United States secretary of health and human services in	34527
writing that the employer has designated another state as the	34528
state to which the employer will transmit the report;	34529

(2) Transmits the report to that state in compliance with	34530
federal law.	34531

(C) The department may by rule exempt employers from making	34532
new hire reports on any classification of contractors if the	34533
department determines that exempting the employer will assist the	34534
administration of the new hire reporting requirement.	34535

Sec. 3121.892. (A) An employer shall include all of the	34536
following in each new hire report:	34537

(1) For each employee, the employee's name, address, date of	34538
birth, social security number, and date of hire~~, rehire, or return~~	34539
~~to work~~;	34540

(2) For each contractor, the contractor's name, address,	34541
social security or tax identification number, the date payments	34542
begin, and the length of time the contractor will be performing	34543
services for the employer;	34544

(3) The employer's name, address, and identification number.

34545

(B) The department of job and family services may by rule	34546
require that additional information, specified in the rule, be	34547
included in each new hire report.	34548

Sec. 3121.893. An employer shall make a new hire report for	34549
each newly hired employee or contractor in a manner prescribed by	34550
the department of job and family services. The department may	34551
require that the report include or consist of the submission of a	34552
copy of the United States internal revenue service form W-4	34553
(employee's withholding allowance certificate) for the employee, a	34554
form provided by the department, or any other hiring document or	34555
data storage device or mechanism the department authorizes. An	34556
employer may make the new hire report by mail, fax, magnetic or	34557
electronic means, or other means the department authorizes. If an	34558
employer makes a new hire report by mail, the date of making the	34559
report is the postmark date if the report is mailed in the United	34560
States with first class postage and is addressed as the department	34561
authorizes. An employer shall make the new hire report not later	34562
than twenty days after the date on which the employer hires or	34563
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	34564
which the employer engages or re-engages the contractor or the	34565
contractor resumes providing services under the contract.	34566

Sec. 3121.898. The department of job and family services	34567
shall use the new hire reports it receives for any of the	34568
following purposes set forth in 42 U.S.C. 653a, as amended,	34569
including:	34570

(A) To locate individuals for the purposes of establishing	34571
paternity and for establishing, modifying, and enforcing child	34572
support orders.	34573

(B) As used in this division, "state agency" means every	34574
department, bureau, board, commission, office, or other organized	34575
body established by the constitution or laws of this state for the	34576
exercise of state government; every entity of county government	34577
that is subject to the rules of a state agency; and every	34578
contractual agent of a state agency.	34579

To make available to any state agency responsible for	34580
administering any of the following programs for purposes of	34581
verifying program eligibility:	34582

(1) Any Title IV-A program as defined in section 5101.80 of	34583
the Revised Code;	34584

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	34585
~~Revised Code~~;	34586

(3) The unemployment compensation program authorized by	34587
Chapter 4141. of the Revised Code;	34588

(4) The supplemental nutrition assistance program authorized	34589
by section 5101.54 of the Revised Code;	34590

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	34591
amended.	34592

(C) The administration of the employment security program	34593
under the director of job and family services.	34594

Sec. 3123.958. The office of child support ~~shall~~may publish	34595
and distribute ~~the first~~a set of posters throughout the state ~~not~~	34596
~~later than October 1, 1992. The office shall publish and~~	34597
~~distribute subsequent sets of posters not less than twice~~	34598
annually.	34599

Sec. 3125.18. A child support enforcement agency shall	34600
administer a Title IV-A program identified under division	34601
(A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised Code that	34602
the department of job and family services provides for the agency	34603
to administer under the department's supervision pursuant to	34604
section 5101.801 of the Revised Code.	34605

Sec. 3125.36. (A) Subject to division (B) of this section,	34606
all support orders that are administered by a child support	34607
enforcement agency designated under section 307.981 of the Revised	34608
Code or former section 2301.35 of the Revised Code and are	34609
eligible for Title IV-D services shall be Title IV-D cases under	34610
Title IV-D of the "Social Security Act." Subject to division (B)	34611
of this section, all obligees of support orders administered by	34612
the agency shall be considered to have filed a signed application	34613
for Title IV-D services.	34614

(B) Except as provided in division (D) of this section, a	34615
court that issues or modifies a support order shall require the	34616
obligee under the order to sign, at the time of the issuance or	34617
modification of the order, an application for Title IV-D services	34618
and to file, as soon as possible, the signed application with the	34619
child support enforcement agency that will administer the order.	34620
The application shall be on a form prescribed by the department of	34621
job and family services. Except as provided in division (D) of	34622
this section, a support order that is administered by a child	34623
support enforcement agency, and that is eligible for Title IV-D	34624
services shall be a Title IV-D case under Title IV-D of the	34625
"Social Security Act" only upon the filing of the signed	34626
application for Title IV-D services.	34627

(C) A child support enforcement agency shall make available	34628
an application for Title IV-D services to all persons requesting a	34629
child support enforcement agency's assistance in an action under	34630
sections 3111.01 to 3111.18 of the Revised Code or in an	34631
administrative proceeding brought to establish a parent and child	34632
relationship, to establish or modify an administrative support	34633
order, or to establish or modify an order to provide health	34634
insurance coverage for the children subject to a support order.	34635

(D) An obligee under a support order who has assigned the	34636
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	34637
5160.38 of the Revised Code shall not be required to sign an	34638
application for Title IV-D services. The support order shall be	34639
considered a Title IV-D case.	34640

Sec. 3301.07. The state board of education shall exercise	34641
under the acts of the general assembly general supervision of the	34642
system of public education in the state. In addition to the powers	34643
otherwise imposed on the state board under the provisions of law,	34644
the board shall have the powers described in this section.	34645

(A) The state board shall exercise policy forming, planning,	34646
and evaluative functions for the public schools of the state	34647
except as otherwise provided by law.	34648

(B)(1) The state board shall exercise leadership in the	34649
improvement of public education in this state, and administer the	34650
educational policies of this state relating to public schools, and	34651
relating to instruction and instructional material, building and	34652
equipment, transportation of pupils, administrative	34653
responsibilities of school officials and personnel, and finance	34654
and organization of school districts, educational service centers,	34655
and territory. Consultative and advisory services in such matters	34656
shall be provided by the board to school districts and educational	34657
service centers of this state.	34658

(2) The state board also shall develop a standard of	34659
financial reporting which shall be used by each school district	34660
board of education and ~~educational service center~~each governing	34661
board of an educational service center, each governing authority	34662
of a community school established under Chapter 3314., each	34663
governing body of a STEM school established under Chapter 3328.,	34664
and each board of trustees of a college-preparatory boarding	34665
school established under Chapter 3328. of the Revised Code to make	34666
its financial information and annual budgets for each school	34667
building under its control available to the public in a format	34668
understandable by the average citizen. The format shall show,	34669
~~among other things,~~both at the district ~~and educational service~~	34670
~~center level or~~and at the school building level, ~~as determined~~	34671
~~appropriate by the department of education,~~ revenue by source;and	34672
expenditures ~~for salaries, wages, and benefits of employees,~~	34673
~~showing such amounts separately for classroom teachers, other~~	34674
~~employees required to hold licenses issued pursuant to sections~~	34675
~~3319.22 to 3319.31 of the Revised Code, and all other employees;~~	34676
~~expenditures other than for personnel, by category, including~~	34677
~~utilities, textbooks and other educational materials, equipment,~~	34678
~~permanent improvements, pupil transportation, extracurricular~~	34679
~~athletics, and other extracurricular activities; and per pupil~~	34680
~~expenditures~~for both classroom and nonclassroom purposes, as	34681
defined by the standards adopted under section 3302.20 of the	34682
Revised Code in the aggregate and for each subgroup of students,	34683
as defined by section 3317.40 of the Revised Code, that receives	34684
services provided for by state or federal funding. The format	34685
shall also include information on total revenue and expenditures,	34686
as well as per pupil revenue and expenditures.	34687

(3) Each school district board, governing authority,	34688
governing body, or board of trustees, or its respective designee,	34689
shall annually report, to the department of education, all	34690
financial information required by the standards for financial	34691
reporting, as prescribed by division (B)(2) of this section and	34692
adopted by the state board. The department shall post these	34693
reports in a prominent location on its web site and shall notify	34694
each school when reports are made available.	34695

(C) The state board shall administer and supervise the	34696
allocation and distribution of all state and federal funds for	34697
public school education under the provisions of law, and may	34698
prescribe such systems of accounting as are necessary and proper	34699
to this function. It may require county auditors and treasurers,	34700
boards of education, educational service center governing boards,	34701
treasurers of such boards, teachers, and other school officers and	34702
employees, or other public officers or employees, to file with it	34703
such reports as it may prescribe relating to such funds, or to the	34704
management and condition of such funds.	34705

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	34706
XLVII, and LI of the Revised Code a reference is made to standards	34707
prescribed under this section or division (D) of this section,	34708
that reference shall be construed to refer to the standards	34709
prescribed under division (D)(2) of this section, unless the	34710
context specifically indicates a different meaning or intent.	34711

(2) The state board shall formulate and prescribe minimum	34712
standards to be applied to all elementary and secondary schools in	34713
this state for the purpose of ~~requiring~~providing children access	34714
to a general education of high quality according to the learning	34715
needs of each individual, including students with disabilities,	34716
economically disadvantaged students, limited English proficient	34717
students, and students identified as gifted. Such standards shall	34718
provide adequately for: the licensing of teachers, administrators,	34719
and other professional personnel and their assignment according to	34720
training and qualifications; efficient and effective instructional	34721
materials and equipment, including library facilities; the proper	34722
organization, administration, and supervision of each school,	34723
including regulations for preparing all necessary records and	34724
reports and the preparation of a statement of policies and	34725
objectives for each school; the provision of safe buildings,	34726
grounds, health and sanitary facilities and services; admission of	34727
pupils, and such requirements for their promotion from grade to	34728
grade as will assure that they are capable and prepared for the	34729
level of study to which they are certified; requirements for	34730
graduation; and such other factors as the board finds necessary.	34731

The state board shall base any standards governing the	34732
promotion of students or requirements for graduation on the	34733
ability of students, at any grade level, to earn credits or	34734
advance upon demonstration of mastery of knowledge and skills	34735
through competency-based learning models. Credits of grade level	34736
advancement shall not require a minimum number of days or hours in	34737
a classroom.	34738

The state board shall base any standards governing the	34739
assignment of staff on ensuring each school has a sufficient	34740
number of teachers to ensure a student has an appropriate level of	34741
interaction to meet each student's personal learning goals.	34742

In the formulation and administration of such standards for	34743
nonpublic schools the board shall also consider the particular	34744
needs, methods and objectives of those schools, provided they do	34745
not conflict with the provision of a general education of a high	34746
quality and provided that regular procedures shall be followed for	34747
promotion from grade to grade of pupils who have met the	34748
educational requirements prescribed.	34749

~~In the formulation and administration of such standards as~~	34750
~~they relate to instructional materials and equipment in public~~	34751
~~schools, including library materials, the board shall require that~~	34752
~~the material and equipment be aligned with and promote skills~~	34753
~~expected under the statewide academic standards adopted under~~	34754
~~section 3301.079 of the Revised Code.~~	34755

(3) In addition to the minimum standards required by division	34756
(D)(2) of this section, the state board may formulate and	34757
prescribe the following additional minimum operating standards for	34758
school districts:	34759

(a) Standards for the effective and efficient organization,	34760
administration, and supervision of each school district ~~so that it~~	34761
~~becomes a thinking and learning organization according to~~	34762
~~principles of systems design and collaborative professional~~	34763
~~learning communities research as defined by the superintendent of~~	34764
~~public instruction, including a focus on the personalized and~~	34765
~~individualized needs of each student; a shared responsibility~~	34766
~~among school boards, administrators, faculty, and staff to develop~~	34767
~~a common vision, mission, and set of guiding principles; a shared~~	34768
~~responsibility among school boards, administrators, faculty, and~~	34769
~~staff to engage in a process of collective inquiry, action~~	34770
~~orientation, and experimentation to ensure the academic success of~~	34771
~~all students; commitment to teaching and learning strategies that~~	34772
~~utilize technological tools and emphasize inter-disciplinary,~~	34773
~~real-world, project-based, and technology-oriented learning~~	34774
~~experiences to meet the individual needs of every student;~~with a	34775
commitment to high expectations for every student based on the	34776
learning needs of each individual, including students with	34777
disabilities, economically disadvantaged students, limited English	34778
proficient students, and students identified as gifted, and	34779
commitment to closing the achievement gap without suppressing the	34780
achievement levels of higher achieving students so that all	34781
students achieve core knowledge and skills in accordance with the	34782
statewide academic standards adopted under section 3301.079 of the	34783
Revised Code; ~~commitment to the use of assessments to diagnose~~	34784
~~the needs of each student; effective connections and relationships~~	34785
~~with families and others that support student success; and~~	34786
~~commitment to the use of positive behavior intervention supports~~	34787
~~throughout a district to ensure a safe and secure learning~~	34788
~~environment for all students;~~	34789

(b) Standards for the establishment of business advisory	34790
councils under section 3313.82 of the Revised Code;	34791

34792

~~(i) The~~the effective and efficient organization,	34793
administration, and supervision of each school district building	34794
~~so that it becomes a thinking and learning organization according~~	34795
~~to principles of systems design and collaborative professional~~	34796
~~learning communities research as defined by the state~~	34797
~~superintendent, including a focus on the personalized and~~	34798
~~individualized needs of each student; a shared responsibility~~	34799
~~among building administrators, faculty, and staff to develop a~~	34800
~~common vision, mission, and set of guiding principles; a shared~~	34801
~~responsibility among building administrators, faculty, and staff~~	34802
~~to engage in a process of collective inquiry, action orientation,~~	34803
~~and experimentation to ensure the academic success of all~~	34804
~~students; commitment to job embedded professional development and~~	34805
~~professional mentoring and coaching; established periods of time~~	34806
~~for teachers to pursue planning time for the development of lesson~~	34807
~~plans, professional development, and shared learning; commitment~~	34808
~~to effective management strategies that allow administrators~~	34809
~~reasonable access to classrooms for observation and professional~~	34810
~~development experiences; commitment to teaching and learning~~	34811
~~strategies that utilize technological tools and emphasize~~	34812
~~inter-disciplinary, real-world, project-based, and~~	34813
~~technology-oriented learning experiences to meet the individual~~	34814
~~needs of every student;~~with a commitment to high expectations for	34815
every student based on the learning needs of each individual,	34816
including students with disabilities, economically disadvantaged	34817
students, limited English proficient students, and students	34818
identified as gifted, and commitment to closing the achievement	34819
gap without suppressing the achievement levels of higher achieving	34820
students so that all students achieve core knowledge and skills in	34821
accordance with the statewide academic standards adopted under	34822
section 3301.079 of the Revised Code~~; commitment to the use of~~	34823
~~assessments to diagnose the needs of each student; effective~~	34824
~~connections and relationships with families and others that~~	34825
~~support student success; commitment to the use of positive~~	34826
~~behavior intervention supports throughout the building to ensure a~~	34827
~~safe and secure learning environment for all students;~~	34828

~~(ii) A school building leadership team to coordinate positive~~	34829
~~behavior intervention supports, learning environments, thinking~~	34830
~~and learning systems, collaborative planning, planning time,~~	34831
~~student academic interventions, student extended learning~~	34832
~~opportunities, and other activities identified by the team and~~	34833
~~approved by the district board of education. The team shall~~	34834
~~include the building principal, representatives from each~~	34835
~~collective bargaining unit, a classroom teacher, parents, business~~	34836
~~representatives, and others that support student success~~.	34837

(E) The state board may require as part of the health	34838
curriculum information developed under section 2108.34 of the	34839
Revised Code promoting the donation of anatomical gifts pursuant	34840
to Chapter 2108. of the Revised Code and may provide the	34841
information to high schools, educational service centers, and	34842
joint vocational school district boards of education;	34843

(F) The state board shall prepare and submit annually to the	34844
governor and the general assembly a report on the status, needs,	34845
and major problems of the public schools of the state, with	34846
recommendations for necessary legislative action and a ten-year	34847
projection of the state's public and nonpublic school enrollment,	34848
by year and by grade level.	34849

(G) The state board shall prepare and submit to the director	34850
of budget and management the biennial budgetary requests of the	34851
state board of education, for its agencies and for the public	34852
schools of the state.	34853

(H) The state board shall cooperate with federal, state, and	34854
local agencies concerned with the health and welfare of children	34855
and youth of the state.	34856

(I) The state board shall require such reports from school	34857
districts and educational service centers, school officers, and	34858
employees as are necessary and desirable. The superintendents and	34859
treasurers of school districts and educational service centers	34860
shall certify as to the accuracy of all reports required by law or	34861
state board or state department of education rules to be submitted	34862
by the district or educational service center and which contain	34863
information necessary for calculation of state funding. Any	34864
superintendent who knowingly falsifies such report shall be	34865
subject to license revocation pursuant to section 3319.31 of the	34866
Revised Code.	34867

(J) In accordance with Chapter 119. of the Revised Code, the	34868
state board shall adopt procedures, standards, and guidelines for	34869
the education of children with disabilities pursuant to Chapter	34870
3323. of the Revised Code, including procedures, standards, and	34871
guidelines governing programs and services operated by county	34872
boards of developmental disabilities pursuant to section 3323.09	34873
of the Revised Code.	34874

(K) For the purpose of encouraging the development of special	34875
programs of education for academically gifted children, the state	34876
board shall employ competent persons to analyze and publish data,	34877
promote research, advise and counsel with boards of education, and	34878
encourage the training of teachers in the special instruction of	34879
gifted children. The board may provide financial assistance out of	34880
any funds appropriated for this purpose to boards of education and	34881
educational service center governing boards for developing and	34882
conducting programs of education for academically gifted children.	34883

(L) The state board shall require that all public schools	34884
emphasize and encourage, within existing units of study, the	34885
teaching of energy and resource conservation as recommended to	34886
each district board of education by leading business persons	34887
involved in energy production and conservation, beginning in the	34888
primary grades.	34889

(M) The state board shall formulate and prescribe ~~minimum~~	34890
standards ~~requiring the use of phonics as a technique in~~for the	34891
teaching of reading in grades kindergarten through three. In	34892
addition, the state board shall provide in-service training	34893
programs for teachers on the ~~use of phonics as a technique in the~~	34894
teaching of reading in grades kindergarten through three.	34895

(N) The state board may adopt rules necessary for carrying	34896
out any function imposed on it by law, and may provide rules as	34897
are necessary for its government and the government of its	34898
employees, and may delegate to the superintendent of public	34899
instruction the management and administration of any function	34900
imposed on it by law. It may provide for the appointment of board	34901
members to serve on temporary committees established by the board	34902
for such purposes as are necessary. Permanent or standing	34903
committees shall not be created.	34904

(O) Upon application from the board of education of a school	34905
district, the superintendent of public instruction may issue a	34906
waiver exempting the district from compliance with the standards	34907
adopted under divisions (B)(2) and (D) of this section, as they	34908
relate to the operation of a school operated by the district. The	34909
state board shall adopt standards for the approval or disapproval	34910
of waivers under this division. The state superintendent shall	34911
consider every application for a waiver, and shall determine	34912
whether to grant or deny a waiver in accordance with the state	34913
board's standards. For each waiver granted, the state	34914
superintendent shall specify the period of time during which the	34915
waiver is in effect, which shall not exceed five years. A district	34916
board may apply to renew a waiver.	34917

Sec. 3301.0714. (A) The state board of education shall adopt	34918
rules for a statewide education management information system. The	34919
rules shall require the state board to establish guidelines for	34920
the establishment and maintenance of the system in accordance with	34921
this section and the rules adopted under this section. The	34922
guidelines shall include:	34923

(1) Standards identifying and defining the types of data in	34924
the system in accordance with divisions (B) and (C) of this	34925
section;	34926

(2) Procedures for annually collecting and reporting the data	34927
to the state board in accordance with division (D) of this	34928
section;	34929

(3) Procedures for annually compiling the data in accordance	34930
with division (G) of this section;	34931

(4) Procedures for annually reporting the data to the public	34932
in accordance with division (H) of this section.	34933

(B) The guidelines adopted under this section shall require	34934
the data maintained in the education management information system	34935
to include at least the following:	34936

(1) Student participation and performance data, for each	34937
grade in each school district as a whole and for each grade in	34938
each school building in each school district, that includes:	34939

(a) The numbers of students receiving each category of	34940
instructional service offered by the school district, such as	34941
regular education instruction, vocational education instruction,	34942
specialized instruction programs or enrichment instruction that is	34943
part of the educational curriculum, instruction for gifted	34944
students, instruction for students with disabilities, and remedial	34945
instruction. The guidelines shall require instructional services	34946
under this division to be divided into discrete categories if an	34947
instructional service is limited to a specific subject, a specific	34948
type of student, or both, such as regular instructional services	34949
in mathematics, remedial reading instructional services,	34950
instructional services specifically for students gifted in	34951
mathematics or some other subject area, or instructional services	34952
for students with a specific type of disability. The categories of	34953
instructional services required by the guidelines under this	34954
division shall be the same as the categories of instructional	34955
services used in determining cost units pursuant to division	34956
(C)(3) of this section.	34957

(b) The numbers of students receiving support or	34958
extracurricular services for each of the support services or	34959
extracurricular programs offered by the school district, such as	34960
counseling services, health services, and extracurricular sports	34961
and fine arts programs. The categories of services required by the	34962
guidelines under this division shall be the same as the categories	34963
of services used in determining cost units pursuant to division	34964
(C)(4)(a) of this section.	34965

(c) Average student grades in each subject in grades nine	34966
through twelve;	34967

(d) Academic achievement levels as assessed under sections	34968
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	34969

(e) The number of students designated as having a disabling	34970
condition pursuant to division (C)(1) of section 3301.0711 of the	34971
Revised Code;	34972

(f) The numbers of students reported to the state board	34973
pursuant to division (C)(2) of section 3301.0711 of the Revised	34974
Code;	34975

(g) Attendance rates and the average daily attendance for the	34976
year. For purposes of this division, a student shall be counted as	34977
present for any field trip that is approved by the school	34978
administration.	34979

(h) Expulsion rates;

34980

(i) Suspension rates;

34981

(j) Dropout rates;

34982

(k) Rates of retention in grade;

34983

(l) For pupils in grades nine through twelve, the average	34984
number of carnegie units, as calculated in accordance with state	34985
board of education rules;	34986

(m) Graduation rates, to be calculated in a manner specified	34987
by the department of education that reflects the rate at which	34988
students who were in the ninth grade three years prior to the	34989
current year complete school and that is consistent with	34990
nationally accepted reporting requirements;	34991

(n) Results of diagnostic assessments administered to	34992
kindergarten students as required under section 3301.0715 of the	34993
Revised Code to permit a comparison of the academic readiness of	34994
kindergarten students. However, no district shall be required to	34995
report to the department the results of any diagnostic assessment	34996
administered to a kindergarten student if the parent of that	34997
student requests the district not to report those results.	34998

(2) Personnel and classroom enrollment data for each school	34999
district, including:	35000

(a) The total numbers of licensed employees and nonlicensed	35001
employees and the numbers of full-time equivalent licensed	35002
employees and nonlicensed employees providing each category of	35003
instructional service, instructional support service, and	35004
administrative support service used pursuant to division (C)(3) of	35005
this section. The guidelines adopted under this section shall	35006
require these categories of data to be maintained for the school	35007
district as a whole and, wherever applicable, for each grade in	35008
the school district as a whole, for each school building as a	35009
whole, and for each grade in each school building.	35010

(b) The total number of employees and the number of full-time	35011
equivalent employees providing each category of service used	35012
pursuant to divisions (C)(4)(a) and (b) of this section, and the	35013
total numbers of licensed employees and nonlicensed employees and	35014
the numbers of full-time equivalent licensed employees and	35015
nonlicensed employees providing each category used pursuant to	35016
division (C)(4)(c) of this section. The guidelines adopted under	35017
this section shall require these categories of data to be	35018
maintained for the school district as a whole and, wherever	35019
applicable, for each grade in the school district as a whole, for	35020
each school building as a whole, and for each grade in each school	35021
building.	35022

(c) The total number of regular classroom teachers teaching	35023
classes of regular education and the average number of pupils	35024
enrolled in each such class, in each of grades kindergarten	35025
through five in the district as a whole and in each school	35026
building in the school district.	35027

(d) The number of lead teachers employed by each school	35028
district and each school building.	35029

(3)(a) Student demographic data for each school district,	35030
including information regarding the gender ratio of the school	35031
district's pupils, the racial make-up of the school district's	35032
pupils, the number of limited English proficient students in the	35033
district, and an appropriate measure of the number of the school	35034
district's pupils who reside in economically disadvantaged	35035
households. The demographic data shall be collected in a manner to	35036
allow correlation with data collected under division (B)(1) of	35037
this section. Categories for data collected pursuant to division	35038
(B)(3) of this section shall conform, where appropriate, to	35039
standard practices of agencies of the federal government.	35040

(b) With respect to each student entering kindergarten,	35041
whether the student previously participated in a public preschool	35042
program, a private preschool program, or a head start program, and	35043
the number of years the student participated in each of these	35044
programs.	35045

(4) Any data required to be collected pursuant to federal	35046
law.	35047

(C) The education management information system shall include	35048
cost accounting data for each district as a whole and for each	35049
school building in each school district. The guidelines adopted	35050
under this section shall require the cost data for each school	35051
district to be maintained in a system of mutually exclusive cost	35052
units and shall require all of the costs of each school district	35053
to be divided among the cost units. The guidelines shall require	35054
the system of mutually exclusive cost units to include at least	35055
the following:	35056

(1) Administrative costs for the school district as a whole.	35057
The guidelines shall require the cost units under this division	35058
(C)(1) to be designed so that each of them may be compiled and	35059
reported in terms of average expenditure per pupil in formula ADM	35060
in the school district, as determined pursuant to section 3317.03	35061
of the Revised Code.	35062

(2) Administrative costs for each school building in the	35063
school district. The guidelines shall require the cost units under	35064
this division (C)(2) to be designed so that each of them may be	35065
compiled and reported in terms of average expenditure per	35066
full-time equivalent pupil receiving instructional or support	35067
services in each building.	35068

(3) Instructional services costs for each category of	35069
instructional service provided directly to students and required	35070
by guidelines adopted pursuant to division (B)(1)(a) of this	35071
section. The guidelines shall require the cost units under	35072
division (C)(3) of this section to be designed so that each of	35073
them may be compiled and reported in terms of average expenditure	35074
per pupil receiving the service in the school district as a whole	35075
and average expenditure per pupil receiving the service in each	35076
building in the school district and in terms of a total cost for	35077
each category of service and, as a breakdown of the total cost, a	35078
cost for each of the following components:	35079

(a) The cost of each instructional services category required	35080
by guidelines adopted under division (B)(1)(a) of this section	35081
that is provided directly to students by a classroom teacher;	35082

(b) The cost of the instructional support services, such as	35083
services provided by a speech-language pathologist, classroom	35084
aide, multimedia aide, or librarian, provided directly to students	35085
in conjunction with each instructional services category;	35086

(c) The cost of the administrative support services related	35087
to each instructional services category, such as the cost of	35088
personnel that develop the curriculum for the instructional	35089
services category and the cost of personnel supervising or	35090
coordinating the delivery of the instructional services category.	35091

(4) Support or extracurricular services costs for each	35092
category of service directly provided to students and required by	35093
guidelines adopted pursuant to division (B)(1)(b) of this section.	35094
The guidelines shall require the cost units under division (C)(4)	35095
of this section to be designed so that each of them may be	35096
compiled and reported in terms of average expenditure per pupil	35097
receiving the service in the school district as a whole and	35098
average expenditure per pupil receiving the service in each	35099
building in the school district and in terms of a total cost for	35100
each category of service and, as a breakdown of the total cost, a	35101
cost for each of the following components:	35102

(a) The cost of each support or extracurricular services	35103
category required by guidelines adopted under division (B)(1)(b)	35104
of this section that is provided directly to students by a	35105
licensed employee, such as services provided by a guidance	35106
counselor or any services provided by a licensed employee under a	35107
supplemental contract;	35108

(b) The cost of each such services category provided directly	35109
to students by a nonlicensed employee, such as janitorial	35110
services, cafeteria services, or services of a sports trainer;	35111

(c) The cost of the administrative services related to each	35112
services category in division (C)(4)(a) or (b) of this section,	35113
such as the cost of any licensed or nonlicensed employees that	35114
develop, supervise, coordinate, or otherwise are involved in	35115
administering or aiding the delivery of each services category.	35116

(D)(1) The guidelines adopted under this section shall	35117
require school districts to collect information about individual	35118
students, staff members, or both in connection with any data	35119
required by division (B) or (C) of this section or other reporting	35120
requirements established in the Revised Code. The guidelines may	35121
also require school districts to report information about	35122
individual staff members in connection with any data required by	35123
division (B) or (C) of this section or other reporting	35124
requirements established in the Revised Code. The guidelines shall	35125
not authorize school districts to request social security numbers	35126
of individual students. The guidelines shall prohibit the	35127
reporting under this section of a student's name, address, and	35128
social security number to the state board of education or the	35129
department of education. The guidelines shall also prohibit the	35130
reporting under this section of any personally identifiable	35131
information about any student, except for the purpose of assigning	35132
the data verification code required by division (D)(2) of this	35133
section, to any other person unless such person is employed by the	35134
school district or the information technology center operated	35135
under section 3301.075 of the Revised Code and is authorized by	35136
the district or technology center to have access to such	35137
information or is employed by an entity with which the department	35138
contracts for the scoring or the development of state assessments.	35139
The guidelines may require school districts to provide the social	35140
security numbers of individual staff members and the county of	35141
residence for a student. Nothing in this section prohibits the	35142
state board of education or department of education from providing	35143
a student's county of residence to the department of taxation to	35144
facilitate the distribution of tax revenue.	35145

(2)(a) The guidelines shall provide for each school district	35146
or community school to assign a data verification code that is	35147
unique on a statewide basis over time to each student whose	35148
initial Ohio enrollment is in that district or school and to	35149
report all required individual student data for that student	35150
utilizing such code. The guidelines shall also provide for	35151
assigning data verification codes to all students enrolled in	35152
districts or community schools on the effective date of the	35153
guidelines established under this section. The assignment of data	35154
verification codes for other entities, as described in division	35155
(D)(2)(c) of this section, the use of those codes, and the	35156
reporting and use of associated individual student data shall be	35157
coordinated by the department in accordance with state and federal	35158
law.	35159

School districts shall report individual student data to the	35160
department through the information technology centers utilizing	35161
the code. The entities described in division (D)(2)(c) of this	35162
section shall report individual student data to the department in	35163
the manner prescribed by the department.	35164

Except as provided in sections 3301.941, 3310.11, 3310.42,	35165
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	35166
shall the state board or the department have access to information	35167
that would enable any data verification code to be matched to	35168
personally identifiable student data.	35169

(b) Each school district and community school shall ensure	35170
that the data verification code is included in the student's	35171
records reported to any subsequent school district, community	35172
school, or state institution of higher education, as defined in	35173
section 3345.011 of the Revised Code, in which the student	35174
enrolls. Any such subsequent district or school shall utilize the	35175
same identifier in its reporting of data under this section.	35176

(c) The director of any state agency that administers a	35177
publicly funded program providing services to children who are	35178
younger than compulsory school age, as defined in section 3321.01	35179
of the Revised Code, including the directors of health, job and	35180
family services, ~~mental health~~mental health and addiction	35181
services, and developmental disabilities, shall request and	35182
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	35183
Code, a data verification code for a child who is receiving those	35184
services.	35185

(E) The guidelines adopted under this section may require	35186
school districts to collect and report data, information, or	35187
reports other than that described in divisions (A), (B), and (C)	35188
of this section for the purpose of complying with other reporting	35189
requirements established in the Revised Code. The other data,	35190
information, or reports may be maintained in the education	35191
management information system but are not required to be compiled	35192
as part of the profile formats required under division (G) of this	35193
section or the annual statewide report required under division (H)	35194
of this section.	35195

(F) Beginning with the school year that begins July 1, 1991,	35196
the board of education of each school district shall annually	35197
collect and report to the state board, in accordance with the	35198
guidelines established by the board, the data required pursuant to	35199
this section. A school district may collect and report these data	35200
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	35201

(G) The state board shall, in accordance with the procedures	35202
it adopts, annually compile the data reported by each school	35203
district pursuant to division (D) of this section. The state board	35204
shall design formats for profiling each school district as a whole	35205
and each school building within each district and shall compile	35206
the data in accordance with these formats. These profile formats	35207
shall:	35208

(1) Include all of the data gathered under this section in a	35209
manner that facilitates comparison among school districts and	35210
among school buildings within each school district;	35211

(2) Present the data on academic achievement levels as	35212
assessed by the testing of student achievement maintained pursuant	35213
to division (B)(1)(d) of this section.	35214

(H)(1) The state board shall, in accordance with the	35215
procedures it adopts, annually prepare a statewide report for all	35216
school districts and the general public that includes the profile	35217
of each of the school districts developed pursuant to division (G)	35218
of this section. Copies of the report shall be sent to each school	35219
district.	35220

(2) The state board shall, in accordance with the procedures	35221
it adopts, annually prepare an individual report for each school	35222
district and the general public that includes the profiles of each	35223
of the school buildings in that school district developed pursuant	35224
to division (G) of this section. Copies of the report shall be	35225
sent to the superintendent of the district and to each member of	35226
the district board of education.	35227

(3) Copies of the reports received from the state board under	35228
divisions (H)(1) and (2) of this section shall be made available	35229
to the general public at each school district's offices. Each	35230
district board of education shall make copies of each report	35231
available to any person upon request and payment of a reasonable	35232
fee for the cost of reproducing the report. The board shall	35233
annually publish in a newspaper of general circulation in the	35234
school district, at least twice during the two weeks prior to the	35235
week in which the reports will first be available, a notice	35236
containing the address where the reports are available and the	35237
date on which the reports will be available.	35238

(I) Any data that is collected or maintained pursuant to this	35239
section and that identifies an individual pupil is not a public	35240
record for the purposes of section 149.43 of the Revised Code.	35241

(J) As used in this section:

35242

(1) "School district" means any city, local, exempted	35243
village, or joint vocational school district and, in accordance	35244
with section 3314.17 of the Revised Code, any community school. As	35245
used in division (L) of this section, "school district" also	35246
includes any educational service center or other educational	35247
entity required to submit data using the system established under	35248
this section.	35249

(2) "Cost" means any expenditure for operating expenses made	35250
by a school district excluding any expenditures for debt	35251
retirement except for payments made to any commercial lending	35252
institution for any loan approved pursuant to section 3313.483 of	35253
the Revised Code.	35254

(K) Any person who removes data from the information system	35255
established under this section for the purpose of releasing it to	35256
any person not entitled under law to have access to such	35257
information is subject to section 2913.42 of the Revised Code	35258
prohibiting tampering with data.	35259

(L)(1) In accordance with division (L)(2) of this section and	35260
the rules adopted under division (L)(10) of this section, the	35261
department of education may sanction any school district that	35262
reports incomplete or inaccurate data, reports data that does not	35263
conform to data requirements and descriptions published by the	35264
department, fails to report data in a timely manner, or otherwise	35265
does not make a good faith effort to report data as required by	35266
this section.	35267

(2) If the department decides to sanction a school district	35268
under this division, the department shall take the following	35269
sequential actions:	35270

(a) Notify the district in writing that the department has	35271
determined that data has not been reported as required under this	35272
section and require the district to review its data submission and	35273
submit corrected data by a deadline established by the department.	35274
The department also may require the district to develop a	35275
corrective action plan, which shall include provisions for the	35276
district to provide mandatory staff training on data reporting	35277
procedures.	35278

(b) Withhold up to ten per cent of the total amount of state	35279
funds due to the district for the current fiscal year and, if not	35280
previously required under division (L)(2)(a) of this section,	35281
require the district to develop a corrective action plan in	35282
accordance with that division;	35283

(c) Withhold an additional amount of up to twenty per cent of	35284
the total amount of state funds due to the district for the	35285
current fiscal year;	35286

(d) Direct department staff or an outside entity to	35287
investigate the district's data reporting practices and make	35288
recommendations for subsequent actions. The recommendations may	35289
include one or more of the following actions:	35290

(i) Arrange for an audit of the district's data reporting	35291
practices by department staff or an outside entity;	35292

(ii) Conduct a site visit and evaluation of the district;

35293

(iii) Withhold an additional amount of up to thirty per cent	35294
of the total amount of state funds due to the district for the	35295
current fiscal year;	35296

(iv) Continue monitoring the district's data reporting;

35297

(v) Assign department staff to supervise the district's data	35298
management system;	35299

(vi) Conduct an investigation to determine whether to suspend	35300
or revoke the license of any district employee in accordance with	35301
division (N) of this section;	35302

(vii) If the district is issued a report card under section	35303
3302.03 of the Revised Code, indicate on the report card that the	35304
district has been sanctioned for failing to report data as	35305
required by this section;	35306

(viii) If the district is issued a report card under section	35307
3302.03 of the Revised Code and incomplete or inaccurate data	35308
submitted by the district likely caused the district to receive a	35309
higher performance rating than it deserved under that section,	35310
issue a revised report card for the district;	35311

(ix) Any other action designed to correct the district's data	35312
reporting problems.	35313

(3) Any time the department takes an action against a school	35314
district under division (L)(2) of this section, the department	35315
shall make a report of the circumstances that prompted the action.	35316
The department shall send a copy of the report to the district	35317
superintendent or chief administrator and maintain a copy of the	35318
report in its files.	35319

(4) If any action taken under division (L)(2) of this section	35320
resolves a school district's data reporting problems to the	35321
department's satisfaction, the department shall not take any	35322
further actions described by that division. If the department	35323
withheld funds from the district under that division, the	35324
department may release those funds to the district, except that if	35325
the department withheld funding under division (L)(2)(c) of this	35326
section, the department shall not release the funds withheld under	35327
division (L)(2)(b) of this section and, if the department withheld	35328
funding under division (L)(2)(d) of this section, the department	35329
shall not release the funds withheld under division (L)(2)(b) or	35330
(c) of this section.	35331

(5) Notwithstanding anything in this section to the contrary,	35332
the department may use its own staff or an outside entity to	35333
conduct an audit of a school district's data reporting practices	35334
any time the department has reason to believe the district has not	35335
made a good faith effort to report data as required by this	35336
section. If any audit conducted by an outside entity under	35337
division (L)(2)(d)(i) or (5) of this section confirms that a	35338
district has not made a good faith effort to report data as	35339
required by this section, the district shall reimburse the	35340
department for the full cost of the audit. The department may	35341
withhold state funds due to the district for this purpose.	35342

(6) Prior to issuing a revised report card for a school	35343
district under division (L)(2)(d)(viii) of this section, the	35344
department may hold a hearing to provide the district with an	35345
opportunity to demonstrate that it made a good faith effort to	35346
report data as required by this section. The hearing shall be	35347
conducted by a referee appointed by the department. Based on the	35348
information provided in the hearing, the referee shall recommend	35349
whether the department should issue a revised report card for the	35350
district. If the referee affirms the department's contention that	35351
the district did not make a good faith effort to report data as	35352
required by this section, the district shall bear the full cost of	35353
conducting the hearing and of issuing any revised report card.	35354

(7) If the department determines that any inaccurate data	35355
reported under this section caused a school district to receive	35356
excess state funds in any fiscal year, the district shall	35357
reimburse the department an amount equal to the excess funds, in	35358
accordance with a payment schedule determined by the department.	35359
The department may withhold state funds due to the district for	35360
this purpose.	35361

(8) Any school district that has funds withheld under	35362
division (L)(2) of this section may appeal the withholding in	35363
accordance with Chapter 119. of the Revised Code.	35364

(9) In all cases of a disagreement between the department and	35365
a school district regarding the appropriateness of an action taken	35366
under division (L)(2) of this section, the burden of proof shall	35367
be on the district to demonstrate that it made a good faith effort	35368
to report data as required by this section.	35369

(10) The state board of education shall adopt rules under	35370
Chapter 119. of the Revised Code to implement division (L) of this	35371
section.	35372

(M) No information technology center or school district shall	35373
acquire, change, or update its student administration software	35374
package to manage and report data required to be reported to the	35375
department unless it converts to a student software package that	35376
is certified by the department.	35377

(N) The state board of education, in accordance with sections	35378
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	35379
license as defined under division (A) of section 3319.31 of the	35380
Revised Code that has been issued to any school district employee	35381
found to have willfully reported erroneous, inaccurate, or	35382
incomplete data to the education management information system.	35383

(O) No person shall release or maintain any information about	35384
any student in violation of this section. Whoever violates this	35385
division is guilty of a misdemeanor of the fourth degree.	35386

(P) The department shall disaggregate the data collected	35387
under division (B)(1)(n) of this section according to the race and	35388
socioeconomic status of the students assessed. No data collected	35389
under that division shall be included on the report cards required	35390
by section 3302.03 of the Revised Code.	35391

(Q) If the department cannot compile any of the information	35392
required by division (H) of section 3302.03 of the Revised Code	35393
based upon the data collected under this section, the department	35394
shall develop a plan and a reasonable timeline for the collection	35395
of any data necessary to comply with that division.	35396

Sec. 3301.0715. (A) Except as otherwise required under	35397
division (B)(1) of section 3313.608 of the Revised Code, the board	35398
of education of each city, local, and exempted village school	35399
district shall administer each applicable diagnostic assessment	35400
developed and provided to the district in accordance with section	35401
3301.079 of the Revised Code to the following:	35402

(1) Any student who transfers into the district or to a	35403
different school within the district if each applicable diagnostic	35404
assessment was not administered by the district or school the	35405
student previously attended in the current school year, within	35406
thirty days after the date of transfer. If the district or school	35407
into which the student transfers cannot determine whether the	35408
student has taken any applicable diagnostic assessment in the	35409
current school year, the district or school may administer the	35410
diagnostic assessment to the student.	35411

(2) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	35412
student, not earlier than four weeks prior to the first day of	35413
school and not later than the first day of October. ~~For~~	35414

(b) Beginning July 1, 2014, each kindergarten student, not	35415
earlier than the first day of the school year and not later than	35416
the first day of November, except that the language and reading	35417
skills portion of the assessment shall be administered by the	35418
thirtieth day of September to fulfill the requirements of division	35419
(B) of section 3313.608 of the Revised Code.	35420

For the purpose of division (A)(2) of this section, the	35421
district shall administer the kindergarten readiness assessment	35422
provided by the department of education. In no case shall the	35423
results of the readiness assessment be used to prohibit a student	35424
from enrolling in kindergarten.	35425

(3) Each student enrolled in first, second, or third grade.

35426

(B) Each district board shall administer each diagnostic	35427
assessment when the board deems appropriate, provided the	35428
administration complies with section 3313.608 of the Revised Code.	35429
However, the board shall administer any diagnostic assessment at	35430
least once annually to all students in the appropriate grade	35431
level. A district board may administer any diagnostic assessment	35432
in the fall and spring of a school year to measure the amount of	35433
academic growth attributable to the instruction received by	35434
students during that school year.	35435

(C) Any district that received an excellent or effective	35436
rating for the immediately preceding school year, pursuant to	35437
section 3302.03 of the Revised Code as it existed prior to ~~the~~	35438
~~effective date of this amendment~~March 22, 2013, or the equivalent	35439
of such rating as determined by the department of education, may	35440
use different diagnostic assessments from those adopted under	35441
division (D) of section 3301.079 of the Revised Code in order to	35442
satisfy the requirements of division (A)(2) of this section.	35443

(D) Each district board shall utilize and score any	35444
diagnostic assessment administered under division (A) of this	35445
section in accordance with rules established by the department.	35446
After the administration of any diagnostic assessment, each	35447
district shall provide a student's completed diagnostic	35448
assessment, the results of such assessment, and any other	35449
accompanying documents used during the administration of the	35450
assessment to the parent of that student, and shall include all	35451
such documents and information in any plan developed for the	35452
student under division (C) of section 3313.608 of the Revised	35453
Code. Each district shall submit to the department, in the manner	35454
the department prescribes, the results of the diagnostic	35455
assessments administered under this section, regardless of the	35456
type of assessment used under section 3313.608 of the Revised	35457
Code. The department may issue reports with respect to the data	35458
collected.	35459

(E) Each district board shall provide intervention services	35460
to students whose diagnostic assessments show that they are	35461
failing to make satisfactory progress toward attaining the	35462
academic standards for their grade level.	35463

Sec. 3301.0723. (A) The independent contractor engaged by	35464
the department of education to create and maintain for school	35465
districts and community schools the student data verification	35466
codes required by division (D)(2) of section 3301.0714 of the	35467
Revised Code, upon request of the director of any state agency	35468
that administers a publicly funded program providing services to	35469
children who are younger than compulsory school age, as defined in	35470
section 3321.01 of the Revised Code, including the directors of	35471
health, job and family services, ~~mental health~~mental health and	35472
addiction services, and developmental disabilities, shall assign a	35473
data verification code to a child who is receiving such services	35474
and shall provide that code to the director. The contractor also	35475
shall provide that code to the department of education.	35476

(B) The director of a state agency that receives a child's	35477
data verification code under division (A) of this section shall	35478
use that code to submit information for that child to the	35479
department of education in accordance with section 3301.0714 of	35480
the Revised Code.	35481

(C) A public school that receives from the independent	35482
contractor the data verification code for a child assigned under	35483
division (A) of this section shall not request or assign to that	35484
child another data verification code under division (D)(2) of	35485
section 3301.0714 of the Revised Code. That school and any other	35486
public school in which the child subsequently enrolls shall use	35487
the data verification code assigned under division (A) of this	35488
section to report data relative to that student required under	35489
section 3301.0714 of the Revised Code.	35490

Sec. 3301.15. The state board of education or its authorized	35491
representatives may inspect all institutions under the control of	35492
the department of job and family services, the department of	35493
~~mental health~~mental health and addiction services, the department	35494
of developmental disabilities, and the department of	35495
rehabilitation and correction which employ teachers, and may make	35496
a report on the teaching, discipline, and school equipment in	35497
these institutions to the director of job and family services, the	35498
director of ~~mental health~~mental health and addiction services,	35499
the director of developmental disabilities, the director of	35500
rehabilitation and correction, and the governor.	35501

Sec. 3301.41. All employees of the former eTech Ohio	35502
commission who transferred to the department of education upon the	35503
abolishment of the commission as prescribed by section 363.570 of	35504
H.B. 59 of the 130th general assembly and who when employed by	35505
that commission or a predecessor agency were included in a	35506
bargaining unit established under Chapter 4117. of the Revised	35507
Code, shall continue to be included in that bargaining unit, are	35508
public employees as defined in section 4117.01 of the Revised	35509
Code, and may collectively bargain with the state board of	35510
education in accordance with that chapter. Otherwise, any employee	35511
hired by the department after the abolishment of the commission,	35512
either to fill vacancies or to fill new positions related to the	35513
transferred employees' duties, shall be exempt from Chapter 4117.	35514
of the Revised Code and shall not be public employees as defined	35515
in section 4117.01 of the Revised Code.	35516

Sec. 3301.80. (A) The preparing students for education	35517
success grant program is established. Under the program, the	35518
superintendent of public instruction shall award grants to	35519
nonprofit corporations that are exempt from federal income	35520
taxation under 26 U.S.C. 501(c)(3) of the Internal Revenue Code,	35521
that provide charitable services to needy residents of this state,	35522
and that meet the following requirements:	35523

(1) The nonprofit corporation has at least two locations in	35524
the state that provide after-school programming for youth eighteen	35525
years of age or younger that holistically address areas affecting	35526
student academic success; and	35527

(2) The nonprofit corporation provides evidence that the	35528
students who served in the corporation's after-school programs	35529
have shown academic improvement.	35530

(B) A nonprofit corporation may apply for a grant under this	35531
section on the form prescribed by the superintendent.	35532

(C) The superintendent may award grants to qualified	35533
nonprofit corporations that submit an application that conveys a	35534
credible plan to use grant money for the following purposes:	35535

(1) To establish new after-school programs that will serve a	35536
high concentration of youth eighteen years of age or younger; and	35537

(2) To provide innovative, comprehensive after-school	35538
programs that improve educational outcomes and simultaneously	35539
reduce barriers to academic success through targeted programming	35540
that provides literacy achievement, homework assistance, tutoring,	35541
and high-yield learning activities, as well as character and	35542
self-esteem building that contribute to academic success and	35543
graduation completion, and a comprehensive health and wellness	35544
program.	35545

(D) The superintendent shall do anything necessary and proper	35546
to administer the grant program, including the prescription of an	35547
application form, the establishment of application deadlines, a	35548
schedule for evaluating applications received, criteria for	35549
selecting grantees, and a process to notify successful and	35550
unsuccessful applicants.	35551

(E) The preparing students for education success fund is	35552
created in the state treasury. All moneys deposited into the fund	35553
shall be disbursed as grants under division (C) of this section.	35554

(F) Each grant recipient shall submit an annual report that	35555
provides a detailed accounting of the use of the grant money to	35556
the superintendent and the general assembly.	35557

Sec. 3302.01. As used in this chapter:

35558

(A) "Performance index score" means the average of the totals	35559
derived from calculations for each subject area of English	35560
language arts, mathematics, science, and social studies of the	35561
weighted proportion of untested students and students scoring at	35562
each level of skill described in division (A)(2) of section	35563
3301.0710 of the Revised Code on the assessments prescribed by	35564
divisions (A) and (B)(1) of that section. The department of	35565
education shall assign weights such that students who do not take	35566
an assessment receive a weight of zero and students who take an	35567
assessment receive progressively larger weights dependent upon the	35568
level of skill attained on the assessment. The department shall	35569
assign additional weights to students who have been permitted to	35570
pass over a subject in accordance with a student acceleration	35571
policy adopted under section 3324.10 of the Revised Code. If such	35572
a student attains the proficient score prescribed under division	35573
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	35574
assessment, the department shall assign the student the weight	35575
prescribed for the next higher scoring level. If such a student	35576
attains the advanced score, prescribed under division (A)(2)(a) of	35577
section 3301.0710 of the Revised Code, on an assessment, the	35578
department shall assign to the student an additional proportional	35579
weight, as approved by the state board. For each school year that	35580
such a student's score is included in the performance index score	35581
and the student attains the proficient score on an assessment,	35582
that additional weight shall be assigned to the student on a	35583
subject-by-subject basis.	35584

Students shall be included in the "performance index score"	35585
in accordance with division (K)(2) of section 3302.03 of the	35586
Revised Code.	35587

(B) "Subgroup" means a subset of the entire student	35588
population of the state, a school district, or a school building	35589
and includes each of the following:	35590

(1) Major racial and ethnic groups;

35591

(2) Students with disabilities;

35592

(3) Economically disadvantaged students;

35593

(4) Limited English proficient students;

35594

(5) Students identified as gifted in superior cognitive	35595
ability and specific academic ability fields under Chapter 3324.	35596
of the Revised Code. For students who are gifted in specific	35597
academic ability fields, the department shall use data for those	35598
students with specific academic ability in math and reading. If	35599
any other academic field is assessed, the department shall also	35600
include data for students with specific academic ability in that	35601
field.	35602

(6) Students in the lowest quintile for achievement	35603
statewide, as determined by a method prescribed by the state board	35604
of education.	35605

(C) "No Child Left Behind Act of 2001" includes the statutes	35606
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or	35607
both thereto, rules and regulations promulgated pursuant to those	35608
statutes, guidance documents, and any other policy directives	35609
regarding implementation of that act issued by the United States	35610
department of education.	35611

(D) "Adequate yearly progress" means a measure of annual	35612
academic performance as calculated in accordance with the "No	35613
Child Left Behind Act of 2001."	35614

(E) "Supplemental educational services" means additional	35615
academic assistance, such as tutoring, remediation, or other	35616
educational enrichment activities, that is conducted outside of	35617
the regular school day by a provider approved by the department in	35618
accordance with the "No Child Left Behind Act of 2001."	35619

(F) "Value-added progress dimension" means a measure of	35620
academic gain for a student or group of students over a specific	35621
period of time that is calculated by applying a statistical	35622
methodology to individual student achievement data derived from	35623
the achievement assessments prescribed by section 3301.0710 of the	35624
Revised Code. The "value-added progress dimension" shall be	35625
developed and implemented in accordance with section 3302.021 of	35626
the Revised Code.	35627

(G)(1) "Four-year adjusted cohort graduation rate" means the	35628
number of students who graduate in four years or less with a	35629
regular high school diploma divided by the number of students who	35630
form the adjusted cohort for the graduating class.	35631

(2) "Five-year adjusted cohort graduation rate" means the	35632
number of students who graduate in five years with a regular high	35633
school diploma divided by the number of students who form the	35634
adjusted cohort for the four-year graduation rate.	35635

(H) "State institution of higher education" has the same	35636
meaning as in section 3345.011 of the Revised Code.	35637

(I) "Annual measurable objectives" means a measure of student	35638
progress determined in accordance with an agreement between the	35639
department of education and the United States department of	35640
education.	35641

Sec. 3302.03. Annually, not later than the fifteenth day of	35642
September or the preceding Friday when that day falls on a	35643
Saturday or Sunday, the department of education shall assign a	35644
letter grade for overall academic performance and for each	35645
separate performance measure for each school district, and each	35646
school building in a district, in accordance with this section.	35647
The state board shall adopt rules pursuant to Chapter 119. of the	35648
Revised Code to establish performance criteria for each letter	35649
grade and prescribe a method by which the department assigns each	35650
letter grade. For a school building to which any of the	35651
performance measures do not apply, due to grade levels served by	35652
the building, the state board shall designate the performance	35653
measures that are applicable to the building and that must be	35654
calculated separately and used to calculate the building's overall	35655
grade. The department shall issue annual report cards reflecting	35656
the performance of each school district, each building within each	35657
district, and for the state as a whole using the performance	35658
measures and letter grade system described in this section. The	35659
department shall include on the report card for each district and	35660
each building within each district the most recent two-year trend	35661
data in student achievement for each subject and each grade.	35662

(A)(1) For the 2012-2013 school year, the department shall	35663
issue grades as described in division (E) of this section for each	35664
of the following performance measures:	35665

(a) Annual measurable objectives;

35666

(b) Performance index score for a school district or	35667
building. Grades shall be awarded as a percentage of the total	35668
possible points on the performance index system as adopted by the	35669
state board. In adopting benchmarks for assigning letter grades	35670
under division (A)(1)(b) of this section, the state board of	35671
education shall designate ninety per cent or higher for an "A," at	35672
least seventy per cent but not more than eighty per cent for a	35673
"C," and less than fifty per cent for an "F."	35674

(c) The extent to which the school district or building meets	35675
each of the applicable performance indicators established by the	35676
state board under section 3302.02 of the Revised Code and the	35677
percentage of applicable performance indicators that have been	35678
achieved. In adopting benchmarks for assigning letter grades under	35679
division (A)(1)(c) of this section, the state board shall	35680
designate ninety per cent or higher for an "A."	35681

(d) The four- and five-year adjusted cohort graduation rates.

35682

In adopting benchmarks for assigning letter grades under	35683
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	35684
department shall designate a four-year adjusted cohort graduation	35685
rate of ninety-three per cent or higher for an "A" and a five-year	35686
cohort graduation rate of ninety-five per cent or higher for an	35687
"A."	35688

(e) The overall score under the value-added progress	35689
dimension of a school district or building, for which the	35690
department shall use up to three years of value-added data as	35691
available. The letter grade assigned for this growth measure shall	35692
be as follows:	35693

(i) A score that is at least two standard errors of measure	35694
above the mean score shall be designated as an "A."	35695

(ii) A score that is at least one standard error of measure	35696
but less than two standard errors of measure above the mean score	35697
shall be designated as a "B."	35698

(iii) A score that is less than one standard error of measure	35699
above the mean score but greater than or equal to one standard	35700
error of measure below the mean score shall be designated as a	35701
"C."	35702

(iv) A score that is not greater than one standard error of	35703
measure below the mean score but is greater than or equal to two	35704
standard errors of measure below the mean score shall be	35705
designated as a "D."	35706

(v) A score that is not greater than two standard errors of	35707
measure below the mean score shall be designated as an "F."	35708

Whenever the value-added progress dimension is used as a	35709
graded performance measure, whether as an overall measure or as a	35710
measure of separate subgroups, the grades for the measure shall be	35711
calculated in the same manner as prescribed in division (A)(1)(e)	35712
of this section.	35713

(f) The value-added progress dimension score for a school	35714
district or building disaggregated for each of the following	35715
subgroups: students identified as gifted, students with	35716
disabilities, and students whose performance places them in the	35717
lowest quintile for achievement on a statewide basis. Each	35718
subgroup shall be a separate graded measure.	35719

(2) Not later than April 30, 2013, the state board of	35720
education shall adopt a resolution describing the performance	35721
measures, benchmarks, and grading system for the 2012-2013 school	35722
year and, not later than June 30, 2013, shall adopt rules in	35723
accordance with Chapter 119. of the Revised Code that prescribe	35724
the methods by which the performance measures under division	35725
(A)(1) of this section shall be assessed and assigned a letter	35726
grade, including performance benchmarks for each letter grade.	35727

At least forty-five days prior to the state board's adoption	35728
of rules to prescribe the methods by which the performance	35729
measures under division (A)(1) of this section shall be assessed	35730
and assigned a letter grade, the department shall conduct a public	35731
presentation before the standing committees of the house of	35732
representatives and the senate that consider education legislation	35733
describing such methods, including performance benchmarks.	35734

(3) There shall not be an overall letter grade for a school	35735
district or building for the 2012-2013 school year.	35736

(B)(1) For the 2013-2014 school year, the department shall	35737
issue grades as described in division (E) of this section for each	35738
of the following performance measures:	35739

(a) Annual measurable objectives;

35740

(b) Performance index score for a school district or	35741
building. Grades shall be awarded as a percentage of the total	35742
possible points on the performance index system as created by the	35743
department. In adopting benchmarks for assigning letter grades	35744
under division (B)(1)(b) of this section, the state board shall	35745
designate ninety per cent or higher for an "A," at least seventy	35746
per cent but not more than eighty per cent for a "C," and less	35747
than fifty per cent for an "F."	35748

(c) The extent to which the school district or building meets	35749
each of the applicable performance indicators established by the	35750
state board under section 3302.03 of the Revised Code and the	35751
percentage of applicable performance indicators that have been	35752
achieved. In adopting benchmarks for assigning letter grades under	35753
division (B)(1)(c) of this section, the state board shall	35754
designate ninety per cent or higher for an "A."	35755

(d) The four- and five-year adjusted cohort graduation rates;

35756

(e) The overall score under the value-added progress	35757
dimension of a school district or building, for which the	35758
department shall use up to three years of value-added data as	35759
available.	35760

(f) The value-added progress dimension score for a school	35761
district or building disaggregated for each of the following	35762
subgroups: students identified as gifted in superior cognitive	35763
ability and specific academic ability fields under Chapter 3324.	35764
of the Revised Code, students with disabilities, and students	35765
whose performance places them in the lowest quintile for	35766
achievement on a statewide basis. Each subgroup shall be a	35767
separate graded measure.	35768

(g) Whether a school district or building is making progress	35769
in improving literacy in grades kindergarten through three, as	35770
determined using a method prescribed by the state board. The state	35771
board shall adopt rules to prescribe benchmarks and standards for	35772
assigning grades to districts and buildings for purposes of	35773
division (B)(1)(j) of this section. In adopting benchmarks for	35774
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	35775
this section, the state board shall determine progress made based	35776
on the reduction in the percentage of students scoring below grade	35777
level, or below proficient, compared from year to year on the	35778
English language arts diagnostic assessments administered under	35779
section 3301.0715 of the Revised Code and the third grade English	35780
language arts assessment under section 3301.0710 of the Revised	35781
Code, as applicable. The state board shall designate for a "C"	35782
grade a value that is not lower than the statewide average value	35783
for this measure. No grade shall be issued under divisions	35784
(B)(1)(g) and (C)(1)(j) of this section for a district or building	35785
in which less than five per cent of students have scored below	35786
grade level on the diagnostic assessment administered to students	35787
in kindergarten under division (B)(1) of section 3313.608 of the	35788
Revised Code.	35789

(2) In addition to the graded measures in division (B)(1) of	35790
this section, the department shall include on a school district's	35791
or building's report card all of the following without an assigned	35792
letter grade:	35793

(a) The percentage of students enrolled in a district or	35794
building participating in advanced placement classes and the	35795
percentage of those students who received a score of three or	35796
better on advanced placement examinations;	35797

(b) The number of a district's or building's students who	35798
have earned at least three college credits through dual enrollment	35799
programs, such as the post-secondary enrollment options program	35800
under Chapter 3365. of the Revised Code and state-approved	35801
career-technical courses offered through dual enrollment or	35802
statewide articulation, that appear on a student's transcript or	35803
other official document, either of which is issued by the	35804
institution of higher education from which the student earned the	35805
college credit. The credits earned that are reported under	35806
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	35807
include any that are remedial or developmental and shall include	35808
those that count toward the curriculum requirements established	35809
for completion of a degree.	35810

(c) The percentage of students enrolled in a district or	35811
building who have taken a national standardized test used for	35812
college admission determinations and the percentage of those	35813
students who are determined to be remediation-free in accordance	35814
with standards adopted under division (F) of section 3345.061 of	35815
the Revised Code;	35816

(d) The percentage of the district's or the building's	35817
students who receive industry credentials. The state board shall	35818
adopt criteria for acceptable industry credentials.	35819

(e) The percentage of students enrolled in a district or	35820
building who are participating in an international baccalaureate	35821
program and the percentage of those students who receive a score	35822
of four or better on the international baccalaureate examinations.	35823

(f) The percentage of the district's or building's students	35824
who receive an honors diploma under division (B) of section	35825
3313.61 of the Revised Code.	35826

(3) Not later than December 31, 2013, the state board shall	35827
adopt rules in accordance with Chapter 119. of the Revised Code	35828
that prescribe the methods by which the performance measures under	35829
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	35830
and assigned a letter grade, including performance benchmarks for	35831
each grade.	35832

At least forty-five days prior to the state board's adoption	35833
of rules to prescribe the methods by which the performance	35834
measures under division (B)(1) of this section shall be assessed	35835
and assigned a letter grade, the department shall conduct a public	35836
presentation before the standing committees of the house of	35837
representatives and the senate that consider education legislation	35838
describing such methods, including performance benchmarks.	35839

(4) There shall not be an overall letter grade for a school	35840
district or building for the 2013-2014 school year.	35841

(C)(1) For the 2014-2015 school year and each school year	35842
thereafter, the department shall issue grades as described in	35843
division (E) of this section for each of the following performance	35844
measures and an overall letter grade based on an aggregate of	35845
those measures:	35846

(a) Annual measurable objectives;

35847

(b) Performance index score for a school district or	35848
building. Grades shall be awarded as a percentage of the total	35849
possible points on the performance index system as created by the	35850
department. In adopting benchmarks for assigning letter grades	35851
under division (C)(1)(b) of this section, the state board shall	35852
designate ninety per cent or higher for an "A," at least seventy	35853
per cent but not more than eighty per cent for a "C," and less	35854
than fifty per cent for an "F."	35855

(c) The extent to which the school district or building meets	35856
each of the applicable performance indicators established by the	35857
state board under section 3302.03 of the Revised Code and the	35858
percentage of applicable performance indicators that have been	35859
achieved. In adopting benchmarks for assigning letter grades under	35860
division (C)(1)(c) of this section, the state board shall	35861
designate ninety per cent or higher for an "A."	35862

(d) The four- and five-year adjusted cohort graduation rates;

35863

(e) The overall score under the value-added progress	35864
dimension, or another measure of student academic progress if	35865
adopted by the state board, of a school district or building, for	35866
which the department shall use up to three years of value-added	35867
data as available.	35868

In adopting benchmarks for assigning letter grades for	35869
overall score on value-added progress dimension under division	35870
(C)(1)(e) of this section, the state board shall prohibit the	35871
assigning of a grade of "A" for that measure unless the district's	35872
or building's grade assigned for value-added progress dimension	35873
for all subgroups under division (C)(1)(i) of this section is a	35874
"B" or higher.	35875

For the metric prescribed by division (C)(1)(e) of this	35876
section, the state board may adopt a student academic progress	35877
measure to be used instead of the value-added progress dimension.	35878
If the state board adopts such a measure, it also shall prescribe	35879
a method for assigning letter grades for the new measure that is	35880
comparable to the method prescribed in division (A)(1)(e) of this	35881
section.	35882

(f) The value-added progress dimension score of a school	35883
district or building disaggregated for each of the following	35884
subgroups: students identified as gifted in superior cognitive	35885
ability and specific academic ability fields under Chapter 3324.	35886
of the Revised Code, students with disabilities, and students	35887
whose performance places them in the lowest quintile for	35888
achievement on a statewide basis, as determined by a method	35889
prescribed by the state board. Each subgroup shall be a separate	35890
graded measure.	35891

The state board may adopt student academic progress measures	35892
to be used instead of the value-added progress dimension. If the	35893
state board adopts such measures, it also shall prescribe a method	35894
for assigning letter grades for the new measures that is	35895
comparable to the method prescribed in division (A)(1)(e) of this	35896
section.	35897

(g) Whether a school district or building is making progress	35898
in improving literacy in grades kindergarten through three, as	35899
determined using a method prescribed by the state board. The state	35900
board shall adopt rules to prescribe benchmarks and standards for	35901
assigning grades to a district or building for purposes of	35902
division (C)(1)(j) of this section. The state board shall	35903
designate for a "C" grade a value that is not lower than the	35904
statewide average value for this measure. No grade shall be issued	35905
under division (C)(1)(g) of this section for a district or	35906
building in which less than five per cent of students have scored	35907
below grade level on the kindergarten diagnostic assessment under	35908
division (B)(1) of section 3313.608 of the Revised Code.	35909

(2) In addition to the graded measures in division (C)(1) of	35910
this section, the department shall include on a school district's	35911
or building's report card all of the following without an assigned	35912
letter grade:	35913

(a) The percentage of students enrolled in a district or	35914
building who have taken a national standardized test used for	35915
college admission determinations and the percentage of those	35916
students who are determined to be remediation-free in accordance	35917
with the standards adopted under division (F) of section 3345.061	35918
of the Revised Code;	35919

(b) The percentage of students enrolled in a district or	35920
building participating in advanced placement classes and the	35921
percentage of those students who received a score of three or	35922
better on advanced placement examinations;	35923

(c) The number of a district's or building's students who	35924
have earned at least three college credits through dual enrollment	35925
programs, such as the post-secondary enrollment options program	35926
under Chapter 3365. of the Revised Code and state-approved	35927
career-technical courses offered through dual enrollment or	35928
statewide articulation, that appear on a student's transcript or	35929
other official document, either of which is issued by the	35930
institution of higher education from which the student earned the	35931
college credit. The credits earned that are reported under	35932
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	35933
include any that are remedial or developmental and shall include	35934
those that count toward the curriculum requirements established	35935
for completion of a degree.	35936

(d) The percentage of the district's or building's students	35937
who receive an honor's diploma under division (B) of section	35938
3313.61 of the Revised Code;	35939

(e) The percentage of the district's or building's students	35940
who receive industry credentials;	35941

(f) The percentage of students enrolled in a district or	35942
building who are participating in an international baccalaureate	35943
program and the percentage of those students who receive a score	35944
of four or better on the international baccalaureate examinations;	35945

(g) The results of the college and career-ready assessments	35946
administered under division (B)(1) of section 3301.0712 of the	35947
Revised Code.	35948

(3) The state board shall adopt rules pursuant to Chapter	35949
119. of the Revised Code that establish a method to assign an	35950
overall grade for a school district or school building for the	35951
2014-2015 school year and each school year thereafter. The rules	35952
shall group the performance measures in divisions (C)(1) and (2)	35953
of this section into the following components:	35954

(a) Gap closing, which shall include the performance measure	35955
in division (C)(1)(a) of this section;	35956

(b) Achievement, which shall include the performance measures	35957
in divisions (C)(1)(b) and (c) of this section;	35958

(c) Progress, which shall include the performance measures in	35959
divisions (C)(1)(e) and (i) of this section;	35960

(d) Graduation, which shall include the performance measure	35961
in division (C)(1)(d) of this section;	35962

(e) Kindergarten through third-grade literacy, which shall	35963
include the performance measure in division (C)(1)(k) of this	35964
section;	35965

(f) Prepared for success, which shall include the performance	35966
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	35967
this section. The state board shall develop a method to determine	35968
a grade for the component in division (C)(3)(f) of this section	35969
using the performance measures in divisions (C)(2)(a), (b), (c),	35970
(d), (e), and (f) of this section. When available, the state board	35971
may incorporate the performance measure under division (C)(2)(g)	35972
of this section into the component under division (C)(3)(f) of	35973
this section. When determining the overall grade for the prepared	35974
for success component prescribed by division (C)(3)(f) of this	35975
section, no individual student shall be counted in more than one	35976
performance measure. However, if a student qualifies for more than	35977
one performance measure in the component, the state board may, in	35978
its method to determine a grade for the component, specify an	35979
additional weight for such a student that is not greater than or	35980
equal to 1.0. In determining the overall score under division	35981
(C)(3)(f) of this section, the state board shall ensure that the	35982
pool of students included in the performance measures aggregated	35983
under that division are all of the students included in the four-	35984
and five-year adjusted graduation cohort.	35985

In the rules adopted under division (C)(3) of this section,	35986
the state board shall adopt a method for determining a grade for	35987
each component in divisions (C)(3)(a) to (f) of this section. The	35988
state board also shall establish a method to assign an overall	35989
grade of "A," "B," "C," "D," or "F" using the grades assigned for	35990
each component. The method the state board adopts for assigning an	35991
overall grade shall give equal weight to the components in	35992
divisions (C)(3)(b) and (c) of this section.	35993

At least forty-five days prior to the state board's adoption	35994
of rules to prescribe the methods for calculating the overall	35995
grade for the report card, as required by this division, the	35996
department shall conduct a public presentation before the standing	35997
committees of the house of representatives and the senate that	35998
consider education legislation describing the format for the	35999
report card, weights that will be assigned to the components of	36000
the overall grade, and the method for calculating the overall	36001
grade.	36002

(D) Not later than July 1, 2015, the state board shall	36003
develop a measure of student academic progress for high school	36004
students. Beginning with the report card for the 2015-2016 school	36005
year, each school district and applicable school building shall be	36006
assigned a separate letter grade for this measure and the	36007
district's or building's grade for that measure shall be included	36008
in determining the district's or building's overall letter grade.	36009
This measure shall be included within the measure prescribed in	36010
division (C)(2)(c) of this section in the calculation for the	36011
overall letter grade.	36012

(E) The letter grades assigned to a school district or	36013
building under this section shall be as follows:	36014

(1) "A" for a district or school making excellent progress;

36015

(2) "B" for a district or school making above average	36016
progress;	36017

(3) "C" for a district or school making average progress;

36018

(4) "D" for a district or school making below average	36019
progress;	36020

(5) "F" for a district or school failing to meet minimum	36021
progress.	36022

(F) When reporting data on student achievement and progress,	36023
the department shall disaggregate that data according to the	36024
following categories:	36025

(1) Performance of students by grade-level;

36026

(2) Performance of students by race and ethnic group;

36027

(3) Performance of students by gender;

36028

(4) Performance of students grouped by those who have been	36029
enrolled in a district or school for three or more years;	36030

(5) Performance of students grouped by those who have been	36031
enrolled in a district or school for more than one year and less	36032
than three years;	36033

(6) Performance of students grouped by those who have been	36034
enrolled in a district or school for one year or less;	36035

(7) Performance of students grouped by those who are	36036
economically disadvantaged;	36037

(8) Performance of students grouped by those who are enrolled	36038
in a conversion community school established under Chapter 3314.	36039
of the Revised Code;	36040

(9) Performance of students grouped by those who are	36041
classified as limited English proficient;	36042

(10) Performance of students grouped by those who have	36043
disabilities;	36044

(11) Performance of students grouped by those who are	36045
classified as migrants;	36046

(12) Performance of students grouped by those who are	36047
identified as gifted in superior cognitive ability and the	36048
specific academic ability fields of reading and math pursuant to	36049
Chapter 3324. of the Revised Code. In disaggregating specific	36050
academic ability fields for gifted students, the department shall	36051
use data for those students with specific academic ability in math	36052
and reading. If any other academic field is assessed, the	36053
department shall also include data for students with specific	36054
academic ability in that field as well.	36055

(13) Performance of students grouped by those who perform in	36056
the lowest quintile for achievement on a statewide basis, as	36057
determined by a method prescribed by the state board.	36058

The department may disaggregate data on student performance	36059
according to other categories that the department determines are	36060
appropriate. To the extent possible, the department shall	36061
disaggregate data on student performance according to any	36062
combinations of two or more of the categories listed in divisions	36063
(F)(1) to (13) of this section that it deems relevant.	36064

In reporting data pursuant to division (F) of this section,	36065
the department shall not include in the report cards any data	36066
statistical in nature that is statistically unreliable or that	36067
could result in the identification of individual students. For	36068
this purpose, the department shall not report student performance	36069
data for any group identified in division (F) of this section that	36070
contains less than ten students. If the department does not report	36071
student performance data for a group because it contains less than	36072
ten students, the department shall indicate on the report card	36073
that is why data was not reported.	36074

(G) The department may include with the report cards any	36075
additional education and fiscal performance data it deems	36076
valuable.	36077

(H) The department shall include on each report card a list	36078
of additional information collected by the department that is	36079
available regarding the district or building for which the report	36080
card is issued. When available, such additional information shall	36081
include student mobility data disaggregated by race and	36082
socioeconomic status, college enrollment data, and the reports	36083
prepared under section 3302.031 of the Revised Code.	36084

The department shall maintain a site on the world wide web.	36085
The report card shall include the address of the site and shall	36086
specify that such additional information is available to the	36087
public at that site. The department shall also provide a copy of	36088
each item on the list to the superintendent of each school	36089
district. The district superintendent shall provide a copy of any	36090
item on the list to anyone who requests it.	36091

(I) Division (I) of this section does not apply to conversion	36092
community schools that primarily enroll students between sixteen	36093
and twenty-two years of age who dropped out of high school or are	36094
at risk of dropping out of high school due to poor attendance,	36095
disciplinary problems, or suspensions.	36096

(1) For any district that sponsors a conversion community	36097
school under Chapter 3314. of the Revised Code, the department	36098
shall combine data regarding the academic performance of students	36099
enrolled in the community school with comparable data from the	36100
schools of the district for the purpose of determining the	36101
performance of the district as a whole on the report card issued	36102
for the district under this section or section 3302.033 of the	36103
Revised Code.	36104

(2) Any district that leases a building to a community school	36105
located in the district or that enters into an agreement with a	36106
community school located in the district whereby the district and	36107
the school endorse each other's programs may elect to have data	36108
regarding the academic performance of students enrolled in the	36109
community school combined with comparable data from the schools of	36110
the district for the purpose of determining the performance of the	36111
district as a whole on the district report card. Any district that	36112
so elects shall annually file a copy of the lease or agreement	36113
with the department.	36114

(3) Any municipal school district, as defined in section	36115
3311.71 of the Revised Code, that sponsors a community school	36116
located within the district's territory, or that enters into an	36117
agreement with a community school located within the district's	36118
territory whereby the district and the community school endorse	36119
each other's programs, may exercise either or both of the	36120
following elections:	36121

(a) To have data regarding the academic performance of	36122
students enrolled in that community school combined with	36123
comparable data from the schools of the district for the purpose	36124
of determining the performance of the district as a whole on the	36125
district's report card;	36126

(b) To have the number of students attending that community	36127
school noted separately on the district's report card.	36128

The election authorized under division (I)(3)(a) of this	36129
section is subject to approval by the governing authority of the	36130
community school.	36131

Any municipal school district that exercises an election to	36132
combine or include data under division (I)(3) of this section, by	36133
the first day of October of each year, shall file with the	36134
department documentation indicating eligibility for that election,	36135
as required by the department.	36136

(J) The department shall include on each report card the	36137
percentage of teachers in the district or building who are highly	36138
qualified, as defined by the "No Child Left Behind Act of 2001,"	36139
and a comparison of that percentage with the percentages of such	36140
teachers in similar districts and buildings.	36141

(K)(1) In calculating English language arts, mathematics,	36142
social studies, or science assessment passage rates used to	36143
determine school district or building performance under this	36144
section, the department shall include all students taking an	36145
assessment with accommodation or to whom an alternate assessment	36146
is administered pursuant to division (C)(1) or (3) of section	36147
3301.0711 of the Revised Code.	36148

(2) In calculating performance index scores, rates of	36149
achievement on the performance indicators established by the state	36150
board under section 3302.02 of the Revised Code, and annual	36151
measurable objectives for determining adequate yearly progress for	36152
school districts and buildings under this section, the department	36153
shall do all of the following:	36154

(a) Include for each district or building only those students	36155
who are included in the ADM certified for the first full school	36156
week of October and are continuously enrolled in the district or	36157
building through the time of the spring administration of any	36158
assessment prescribed by division (A)(1) or (B)(1) of section	36159
3301.0710 of the Revised Code that is administered to the	36160
student's grade level;	36161

(b) Include cumulative totals from both the fall and spring	36162
administrations of the third grade English language arts	36163
achievement assessment;	36164

(c) Except as required by the "No Child Left Behind Act of	36165
2001," exclude for each district or building any limited English	36166
proficient student who has been enrolled in United States schools	36167
for less than one full school year.	36168

(L) Beginning with the 2015-2016 school year and at least	36169
once every three years thereafter, the state board of education	36170
shall review and may adjust the benchmarks for assigning letter	36171
grades to the performance measures and components prescribed under	36172
divisions (C)(3) and (D) of this section.	36173

Sec. 3302.22. (A) The governor's effective and efficient	36174
schools recognition program is hereby created. Each year, the	36175
governor shall recognize, in a manner deemed appropriate by the	36176
governor, the top ten per cent of all public schools in this	36177
state, including ~~schools of~~ city, exempted village, and local	36178
school districts, or joint vocational school districts, community	36179
schools established under Chapter 3314. ~~of the Revised Code~~, and	36180
STEM schools established under Chapter 3326. of the Revised Code.	36181

(B) The top ten per cent of schools shall be determined by	36182
the department of education according to standards established by	36183
the department, in consultation with the governor's office of 21st	36184
century education. The standards for recognition for each type of	36185
school may vary depending upon the unique characteristics of that	36186
type of school. The standards shall include, but need not be	36187
limited to, both of the following, provided that sufficient data	36188
is available for each school:	36189

(1) Student performance, as determined by factors ~~including~~	36190
that may include, but not be limited to, performance indicators	36191
under section 3302.02 of the Revised Code, report cards issued	36192
under section 3302.03 of the Revised Code, performance index score	36193
rankings under section 3302.21 of the Revised Code, and any other	36194
statewide or national assessment or student performance	36195
recognition program the department selects;	36196

(2) Fiscal performance, ~~including~~which may include	36197
cost-effective measures taken by the school.	36198

(C) If applicable, the standards under divisions (B)(1) and	36199
(2) of this section may be applied at the school building or	36200
district level, depending upon the quality and availability of	36201
data.	36202

Sec. 3302.26. (A) As used in this section:

36203

(1) "Expenditure per equivalent pupils" is the total	36204
operating expenditures of a school district divided by the measure	36205
of equivalent pupils.	36206

(2) "Measure of equivalent pupils" is the total number of	36207
students in a school district adjusted for the relative	36208
differences in costs associated with the unique characteristics	36209
and needs of each category of pupil.	36210

(B) The department of education shall create a performance	36211
management section on the department's public web site. The	36212
performance management section shall include information on	36213
academic and financial performance metrics for each school	36214
district to assist schools and districts in providing an effective	36215
and efficient delivery of educational services. The section shall	36216
include a graph that illustrates the relationship between a	36217
district's academic performance, as measured by the performance	36218
index score, and its expenditure per equivalent pupils as compared	36219
to similar districts. The section shall include statistics of	36220
academic and financial performance measures for each school	36221
district to allow for a comparison and benchmarking between	36222
districts.	36223

(C) The department may contract with an independent	36224
organization to develop and host the performance management	36225
section of its web site.	36226

Sec. 3304.231. There is hereby created a brain injury	36227
advisory committee, which shall advise the administrator of the	36228
rehabilitation services commission and the brain injury program	36229
with regard to unmet needs of survivors of brain injury,	36230
development of programs for survivors and their families,	36231
establishment of training programs for health care professionals,	36232
and any other matter within the province of the brain injury	36233
program. The committee shall consist of not fewer than ~~twenty~~	36234
nineteen and not more than ~~twenty-two~~twenty-one members as	36235
follows:	36236

(A) Not fewer than ten and not more than twelve members	36237
appointed by the administrator of the rehabilitation services	36238
commission, including all of the following: a survivor of brain	36239
injury, a relative of a survivor of brain injury, a licensed	36240
physician recommended by the Ohio chapter of the American college	36241
of emergency physicians, a licensed physician recommended by the	36242
Ohio state medical association, one other health care	36243
professional, a rehabilitation professional, an individual who	36244
represents the brain injury association of Ohio, and not fewer	36245
than three nor more than five individuals who shall represent the	36246
public;	36247

(B) The directors of the departments of health, ~~alcohol and~~	36248
~~drug addiction services~~mental health and drug addiction services,	36249
developmental disabilities, ~~mental health, job and family~~	36250
~~services,~~ aging, and public safety; the medicaid director; the	36251
administrator of workers' compensation; the superintendent of	36252
public instruction; and the administrator of the rehabilitation	36253
services commission. Any of the officials specified in this	36254
division may designate an individual to serve in the official's	36255
place as a member of the committee.	36256

Terms of office of the appointed members shall be two years.	36257
Members may be reappointed. Vacancies shall be filled in the	36258
manner provided for original appointments. Any member appointed to	36259
fill a vacancy occurring prior to the expiration date of the term	36260
for which the member's predecessor was appointed shall hold office	36261
as a member for the remainder of that term.	36262

Members of the committee shall serve without compensation,	36263
but shall be reimbursed for actual and necessary expenses incurred	36264
in the performance of their duties.	36265

Sec. 3307.51. (A) The state teachers retirement board shall	36266
have prepared annually by or under the supervision of an actuary	36267
an actuarial valuation of the pension assets, liabilities, and	36268
funding requirements of the STRS defined benefit plan. The actuary	36269
shall complete the valuation in accordance with actuarial	36270
standards of practice promulgated by the actuarial standards board	36271
of the American academy of actuaries and prepare a report of the	36272
valuation. The report shall include all of the following:	36273

(1) A summary of the benefit provisions evaluated;

36274

(2) A summary of the census data and financial information	36275
used in the valuation;	36276

(3) A description of the actuarial assumptions, actuarial	36277
cost method, and asset valuation method used in the valuation,	36278
including a statement of the assumed rate of payroll growth and	36279
assumed rate of growth or decline in the number of members	36280
contributing to the retirement system;	36281

(4) A summary of findings that includes a statement of the	36282
actuarial accrued pension liabilities and unfunded actuarial	36283
accrued pension liabilities;	36284

(5) A schedule showing the effect of any changes in the	36285
benefit provisions, actuarial assumptions, or cost methods since	36286
the last annual actuarial valuation;	36287

(6) A statement of whether contributions to the retirement	36288
system are expected to be sufficient to satisfy the funding	36289
objectives established by the board.	36290

The board shall submit the report to the Ohio retirement	36291
study council, the director of budget and management, and the	36292
standing committees of the house of representatives and the senate	36293
with primary responsibility for retirement legislation immediately	36294
upon its availability and not later than the first day of January	36295
following the year for which the valuation was made.	36296

(B) At such times as the state teachers retirement board	36297
determines, and at least once in each quinquennial period, the	36298
board shall have prepared by or under the supervision of an	36299
actuary an actuarial investigation of the mortality, service, and	36300
other experience of the members, retirants, and beneficiaries of	36301
the system, and other system retirants as defined in section	36302
3307.35 of the Revised Code to update the actuarial assumptions	36303
used in the actuarial valuation required by division (A) of this	36304
section. The actuary shall prepare a report of the actuarial	36305
investigation. The report shall be prepared and any recommended	36306
changes in actuarial assumptions shall be made in accordance with	36307
the actuarial standards of practice promulgated by the actuarial	36308
standards board of the American academy of actuaries. The report	36309
shall include all of the following:	36310

(1) A summary of relevant decrement and economic assumption	36311
experience observed over the period of the investigation;	36312

(2) Recommended changes in actuarial assumptions to be used	36313
in subsequent actuarial valuations required by division (A) of	36314
this section;	36315

(3) A measurement of the financial effect of the recommended	36316
changes in actuarial assumptions.	36317

The board shall submit the report to the Ohio retirement	36318
study council and the standing committees of the house of	36319
representatives and the senate with primary responsibility for	36320
retirement legislation not later than the first day of May	36321
following the last fiscal year of the period the report covers.	36322

(C) The board may at any time request the actuary to make any	36323
other studies or actuarial valuations to determine the adequacy of	36324
the normal and deficiency rates of contribution provided by	36325
section 3307.28 of the Revised Code, and those rates may be	36326
adjusted by the board, as recommended by the actuary, effective as	36327
of the first of any year thereafter.	36328

(D) The board shall have prepared by or under the supervision	36329
of an actuary an actuarial analysis of any introduced legislation	36330
expected to have a measurable financial impact on the retirement	36331
system. The actuarial analysis shall be completed in accordance	36332
with the actuarial standards of practice promulgated by the	36333
actuarial standards board of the American academy of actuaries.	36334
The actuary shall prepare a report of the actuarial analysis,	36335
which shall include all of the following:	36336

(1) A summary of the statutory changes that are being	36337
evaluated;	36338

(2) A description of or reference to the actuarial	36339
assumptions and actuarial cost method used in the report;	36340

(3) A description of the participant group or groups included	36341
in the report;	36342

(4) A statement of the financial impact of the legislation,	36343
including the resulting increase, if any, in the employer normal	36344
cost percentage; the increase, if any, in actuarial accrued	36345
liabilities; and the per cent of payroll that would be required to	36346
amortize the increase in actuarial accrued liabilities as a level	36347
per cent of covered payroll for all active members over a period	36348
not to exceed thirty years;	36349

(5) A statement of whether the scheduled contributions to the	36350
system after the proposed change is enacted are expected to be	36351
sufficient to satisfy the funding objectives established by the	36352
board.	36353

Not later than sixty days from the date of introduction of	36354
the legislation, the board shall submit a copy of the actuarial	36355
analysis to the legislative service commission, the standing	36356
committees of the house of representatives and the senate with	36357
primary responsibility for retirement legislation, and the Ohio	36358
retirement study council.	36359

(E) The board shall have prepared annually a report giving a	36360
full accounting of the revenues and costs relating to the	36361
provision of benefits under section 3307.39 of the Revised Code.	36362
The report shall be made as of June 30, 1997, and the thirtieth	36363
day of June of each year thereafter. The report shall include the	36364
following:	36365

(1) A description of the statutory authority for the benefits	36366
provided;	36367

(2) A summary of the benefits;

36368

(3) A summary of the eligibility requirements for the	36369
benefits;	36370

(4) A statement of the number of participants eligible for	36371
the benefits;	36372

(5) A description of the accounting, asset valuation, and	36373
funding method used to provide the benefits;	36374

(6) A statement of the net assets available for the	36375
provisions of benefits as of the last day of the fiscal year;	36376

(7) A statement of any changes in the net assets available	36377
for the provision of benefits, including participant and employer	36378
contributions, net investment income, administrative expenses, and	36379
benefits provided to participants, as of the last day of the	36380
fiscal year;	36381

(8) For the last six consecutive fiscal years, a schedule of	36382
the net assets available for the benefits, the annual cost of	36383
benefits, administrative expenses incurred, and annual employer	36384
contributions allocated for the provision of benefits;	36385

(9) A description of any significant changes that affect the	36386
comparability of the report required under this division;	36387

(10) A statement of the amount paid under division (B) of	36388
section 3307.39 of the Revised Code.	36389

The board shall submit the report to the Ohio retirement	36390
study council, the director of budget and management, and the	36391
standing committees of the house of representatives and the senate	36392
with primary responsibility for retirement legislation immediately	36393
upon its availability and not later than the thirty-first day of	36394
December following the year for which the report was made.	36395

Sec. 3309.21. (A) The school employees retirement board	36396
shall have prepared annually by or under the supervision of an	36397
actuary an actuarial valuation of the pension assets, liabilities,	36398
and funding requirements of the school employees retirement system	36399
as established pursuant to this chapter. The actuary shall	36400
complete the valuation in accordance with actuarial standards of	36401
practice promulgated by the actuarial standards board of the	36402
American academy of actuaries and prepare a report of the	36403
valuation. The report shall include all of the following:	36404

(1) A summary of the benefit provisions evaluated;

36405

(2) A summary of the census data and financial information	36406
used in the valuation;	36407

(3) A description of the actuarial assumptions, actuarial	36408
cost method, and asset valuation method used in the valuation,	36409
including a statement of the assumed rate of payroll growth and	36410
assumed rate of growth or decline in the number of members	36411
contributing to the retirement system;	36412

(4) A summary of findings that includes a statement of the	36413
actuarial accrued pension liabilities and unfunded actuarial	36414
accrued pension liabilities;	36415

(5) A schedule showing the effect of any changes in the	36416
benefit provisions, actuarial assumptions, or cost methods since	36417
the last annual actuarial valuation;	36418

(6) A statement of whether contributions to the retirement	36419
system are expected to be sufficient to satisfy the funding	36420
objectives established by the board.	36421

The board shall submit the report to the Ohio retirement	36422
study council, the director of budget and management, and the	36423
standing committees of the house of representatives and the senate	36424
with primary responsibility for retirement legislation immediately	36425
upon its availability and not later than the first day of May	36426
following the year for which the valuation was made.	36427

(B) At such times as the school employees retirement board	36428
determines, and at least once in each quinquennial period, the	36429
board shall have prepared by or under the supervision of an	36430
actuary an actuarial investigation of the mortality, service, and	36431
other experience of the members, retirants, and beneficiaries of	36432
the retirement system, and SERS retirants and other system	36433
retirants as defined in section 3309.341 of the Revised Code to	36434
update the actuarial assumptions used in the actuarial valuation	36435
required by division (A) of this section. The actuary shall	36436
prepare a report of the actuarial investigation. The report shall	36437
be prepared and any recommended changes in actuarial assumptions	36438
shall be made in accordance with the actuarial standards of	36439
practice promulgated by the actuarial standards board of the	36440
American academy of actuaries. The report shall include all of the	36441
following:	36442

(1) A summary of relevant decrement and economic assumption	36443
experience observed over the period of the investigation;	36444

(2) Recommended changes in actuarial assumptions to be used	36445
in subsequent actuarial valuations required by division (A) of	36446
this section;	36447

(3) A measurement of the financial effect of the recommended	36448
changes in actuarial assumptions.	36449

The board shall submit the report to the Ohio retirement	36450
study council and the standing committees of the house of	36451
representatives and the senate with primary responsibility for	36452
retirement legislation not later than the first day of May	36453
following the last fiscal year of the period the report covers.	36454

(C) The board may at any time request the actuary to make any	36455
studies or actuarial valuations to determine the adequacy of the	36456
rates of contribution as provided by section 3309.49 of the	36457
Revised Code, and those rates may be adjusted by the board, as	36458
recommended by the actuary, effective as of the first of any year	36459
thereafter.	36460

(D) The board shall have prepared by or under the supervision	36461
of an actuary an actuarial analysis of any introduced legislation	36462
expected to have a measurable financial impact on the retirement	36463
system. The actuarial analysis shall be completed in accordance	36464
with the actuarial standards of practice promulgated by the	36465
actuarial standards board of the American academy of actuaries.	36466
The actuary shall prepare a report of the actuarial analysis,	36467
which shall include all of the following:	36468

(1) A summary of the statutory changes that are being	36469
evaluated;	36470

(2) A description of or reference to the actuarial	36471
assumptions and actuarial cost method used in the report;	36472

(3) A description of the participant group or groups included	36473
in the report;	36474

(4) A statement of the financial impact of the legislation,	36475
including the resulting increase, if any, in the employer normal	36476
cost percentage; the increase, if any, in actuarial accrued	36477
liabilities; and the per cent of payroll that would be required to	36478
amortize the increase in actuarial accrued liabilities as a level	36479
per cent of covered payroll for all active members over a period	36480
not to exceed thirty years;	36481

(5) A statement of whether the scheduled contributions to the	36482
system after the proposed change is enacted are expected to be	36483
sufficient to satisfy the funding objectives established by the	36484
board.	36485

Not later than sixty days from the date of introduction of	36486
the legislation, the board shall submit a copy of the actuarial	36487
analysis to the legislative service commission, the standing	36488
committees of the house of representatives and the senate with	36489
primary responsibility for retirement legislation, and the Ohio	36490
retirement study council.	36491

(E) The board shall have prepared annually a report giving a	36492
full accounting of the revenues and costs relating to the	36493
provision of benefits under sections 3309.375 and 3309.69 of the	36494
Revised Code. The report shall be made as of June 30, 1997, and	36495
the thirtieth day of June of each year thereafter. The report	36496
shall include the following:	36497

(1) A description of the statutory authority for the benefits	36498
provided;	36499

(2) A summary of the benefits;

36500

(3) A summary of the eligibility requirements for the	36501
benefits;	36502

(4) A statement of the number of participants eligible for	36503
the benefits;	36504

(5) A description of the accounting, asset valuation, and	36505
funding method used to provide the benefits;	36506

(6) A statement of the net assets available for the provision	36507
of the benefits as of the last day of the fiscal year;	36508

(7) A statement of any changes in the net assets available	36509
for the provision of benefits, including participant and employer	36510
contributions, net investment income, administrative expenses, and	36511
benefits provided to participants, as of the last day of the	36512
fiscal year;	36513

(8) For the last six consecutive fiscal years, a schedule of	36514
the net assets available for the benefits, the annual cost of	36515
benefits, administrative expenses incurred, and annual employer	36516
contributions allocated for the provision of benefits;	36517

(9) A description of any significant changes that affect the	36518
comparability of the report required under this division;	36519

(10) A statement of the amount paid under division (E) of	36520
section 3309.69 of the Revised Code.	36521

The board shall submit the report to the Ohio retirement	36522
study council, the director of budget and management, and the	36523
standing committees of the house of representatives and the senate	36524
with primary responsibility for retirement legislation immediately	36525
upon its availability and not later than the thirty-first day of	36526
December following the year for which the report was made.	36527

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	36528
Revised Code:	36529

(A) "Chartered nonpublic school" means a nonpublic school	36530
that holds a valid charter issued by the state board of education	36531
under section 3301.16 of the Revised Code and meets the standards	36532
established for such schools in rules adopted by the state board.	36533

(B) An "eligible student" is a student who satisfies the	36534
conditions specified in section 3310.03 or 3310.032 of the Revised	36535
Code.	36536

(C) "Parent" has the same meaning as in section 3313.98 of	36537
the Revised Code.	36538

(D) "Resident district" means the school district in which a	36539
student is entitled to attend school under section 3313.64 or	36540
3313.65 of the Revised Code.	36541

(E) "School year" has the same meaning as in section 3313.62	36542
of the Revised Code.	36543

Sec. 3310.02. (A) The educational choice scholarship pilot	36544
program is hereby established. Under the program, the department	36545
of education annually shall pay scholarships to attend chartered	36546
nonpublic schools in accordance with section 3310.08 of the	36547
Revised Code for up to the following number of eligible students:	36548

(1) Thirty thousand in the 2011-2012 school year;

36549

(2) Sixty thousand in the 2012-2013 school year and	36550
thereafter.	36551

(B) If the number of students who apply for a scholarship	36552
exceeds the number of scholarships available under division (A) of	36553
this section for the applicable school year, the department shall	36554
award scholarships in the following order of priority:	36555

(1) First, to eligible students who received scholarships in	36556
the prior school year;	36557

(2) Second, to eligible students with family incomes at or	36558
below two hundred per cent of the federal poverty guidelines, as	36559
defined in section 5101.46 of the Revised Code, who qualify under	36560
division (A) of section 3310.03 of the Revised Code. If the number	36561
of students described in division (B)(2) of this section who apply	36562
for a scholarship exceeds the number of available scholarships	36563
after awards are made under division (B)(1) of this section, the	36564
department shall select students described in division (B)(2) of	36565
this section by lot to receive any remaining scholarships.	36566

(3) Third, to other eligible students who qualify under	36567
division (A) of section 3310.03 of the Revised Code. If the number	36568
of students described in division (B)(3) of this section who apply	36569
for a scholarship exceeds the number of available scholarships	36570
after awards are made under divisions (B)(1) and (2) of this	36571
section, the department shall select students described in	36572
division (B)(3) of this section by lot to receive any remaining	36573
scholarships.	36574

(4) Fourth, to eligible students with family incomes at or	36575
below two hundred per cent of the federal poverty guidelines who	36576
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	36577
Code. If the number of students described in division (B)(4) of	36578
this section who apply for a scholarship exceeds the number of	36579
available scholarships after awards are made under divisions	36580
(B)(1) to (3) of this section, the department shall select	36581
students described in division (B)(4) of this section by lot to	36582
receive any remaining scholarships.	36583

(5) Fifth, to other eligible students who qualify under	36584
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	36585
number of students described in division (B)(5) of this section	36586
who apply for a scholarship exceeds the number of available	36587
scholarships after awards are made under divisions (B)(1) to (4)	36588
of this section, the department shall select students described in	36589
division (B)(5) of this section by lot to receive any remaining	36590
scholarships.	36591

(6) Sixth, to eligible students with family incomes at or	36592
below two hundred per cent of the federal poverty guidelines who	36593
qualify under division (B) of section 3310.03 of the Revised Code.	36594
If the number of students described in division (B)(6) of this	36595
section who apply for a scholarship exceeds the number of	36596
available scholarships after awards are made under divisions	36597
(B)(1) to (5) of this section, the department shall select	36598
students described in division (B)(6) of this section by lot to	36599
receive any remaining scholarships.	36600

(7) Seventh, to other eligible students who qualify under	36601
division (B) of section 3310.03 of the Revised Code. If the number	36602
of students described in division (B)(7) of this section who apply	36603
for a scholarship exceeds the number of available scholarships	36604
after awards are made under divisions (B)(1) to (6) of this	36605
section, the department shall select students described in	36606
division (B)(7) of this section by lot to receive any remaining	36607
scholarships.	36608

Sec. 3310.03. A student is an "eligible student" for	36609
purposes of the educational choice scholarship pilot program if	36610
the student's resident district is not a school district in which	36611
the pilot project scholarship program is operating under sections	36612
3313.974 to 3313.979 of the Revised Code and the student satisfies	36613
one of the conditions in division (A), (B), or (C), or (D) of this	36614
section:	36615

(A)(1) The student is enrolled in a school building operated	36616
by the student's resident district that, on the report card issued	36617
under section 3302.03 of the Revised Code published prior to the	36618
first day of July of the school year for which a scholarship is	36619
sought, did not receive a rating as described in division ~~(G)~~(H)	36620
of this section, and to which any or a combination of any of the	36621
following apply for two of the three most recent report cards	36622
published prior to the first day of July of the school year for	36623
which a scholarship is sought:	36624

(a) The building was declared to be in a state of academic	36625
emergency or academic watch under section 3302.03 of the Revised	36626
Code as that section existed prior to ~~the effective date of this~~	36627
~~amendment~~March 22, 2013.	36628

(b) The building received a grade of "D" or "F" for the	36629
performance index score under division (A)(1)(b) or (B)(1)(b) of	36630
section 3302.03 of the Revised Code and for the value-added	36631
progress dimension under division (A)(1)(e) or (B)(1)(e) of	36632
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	36633
school year, or both; or if the building serves only grades ten	36634
through twelve, the building received a grade of "D" or "F" for	36635
the performance index score under division (A)(1)(b) or (B)(1)(b)	36636
of section 3302.03 of the Revised Code and had a four-year	36637
adjusted cohort graduation rate of less than seventy-five per	36638
cent.	36639

(c) The building received an overall grade of "D" or "F"	36640
under division (C)(3) of section 3302.03 of the Revised Code or a	36641
grade of "F" for the value-added progress dimension under division	36642
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	36643
school year or any school year thereafter.	36644

(2) The student is eligible to enroll in kindergarten in the	36645
school year for which a scholarship is sought and otherwise would	36646
be assigned under section 3319.01 of the Revised Code to a school	36647
building described in division (A)(1) of this section.	36648

(3) The student is enrolled in a community school established	36649
under Chapter 3314. of the Revised Code but otherwise would be	36650
assigned under section 3319.01 of the Revised Code to a building	36651
described in division (A)(1) of this section.	36652

(4) The student is enrolled in a school building operated by	36653
the student's resident district or in a community school	36654
established under Chapter 3314. of the Revised Code and otherwise	36655
would be assigned under section 3319.01 of the Revised Code to a	36656
school building described in division (A)(1) of this section in	36657
the school year for which the scholarship is sought.	36658

(5) The student is eligible to enroll in kindergarten in the	36659
school year for which a scholarship is sought, or is enrolled in a	36660
community school established under Chapter 3314. of the Revised	36661
Code, and all of the following apply to the student's resident	36662
district:	36663

(a) The district has in force an intradistrict open	36664
enrollment policy under which no student in kindergarten or the	36665
community school student's grade level, respectively, is	36666
automatically assigned to a particular school building;	36667

(b) In the most recent rating published prior to the first	36668
day of July of the school year for which scholarship is sought,	36669
the district did not receive a rating described in division ~~(G)~~(H)	36670
of this section, and in at least two of the three most recent	36671
report cards published prior to the first day of July of that	36672
school year, any or a combination of the following apply to the	36673
district:	36674

(i) The district was declared to be in a state of academic	36675
emergency under section 3302.03 of the Revised Code as it existed	36676
prior to ~~the effective date of this amendment~~March 22, 2013.	36677

(ii) The district received a grade of "D" or "F" for the	36678
performance index score under division (A)(1)(b) or (B)(1)(b) of	36679
section 3302.03 of the Revised Code and for the value-added	36680
progress dimension under division (A)(1)(e) or (B)(1)(e) of	36681
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	36682
school year, or both.	36683

(c) The district received an overall grade of "D" or "F"	36684
under division (C)(3) of section 3302.03 of the Revised Code or a	36685
grade of "F" for the value-added progress dimension under division	36686
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	36687
school year or any school year thereafter.	36688

(B)(1) The student is enrolled in a school building operated	36689
by the student's resident district and to which both of the	36690
following apply:	36691

(a) The building was ranked, for at least two of the three	36692
most recent rankings published under section 3302.21 of the	36693
Revised Code prior to the first day of July of the school year for	36694
which a scholarship is sought, in the lowest ten per cent of all	36695
public school buildings according to performance index score under	36696
section 3302.21 of the Revised Code.	36697

(b) The building was not declared to be excellent or	36698
effective, or the equivalent of such ratings as determined by the	36699
department of education, under section 3302.03 of the Revised Code	36700
in the most recent rating published prior to the first day of July	36701
of the school year for which a scholarship is sought.	36702

(2) The student is eligible to enroll in kindergarten in the	36703
school year for which a scholarship is sought and otherwise would	36704
be assigned under section 3319.01 of the Revised Code to a school	36705
building described in division (B)(1) of this section.	36706

(3) The student is enrolled in a community school established	36707
under Chapter 3314. of the Revised Code but otherwise would be	36708
assigned under section 3319.01 of the Revised Code to a building	36709
described in division (B)(1) of this section.	36710

(4) The student is enrolled in a school building operated by	36711
the student's resident district or in a community school	36712
established under Chapter 3314. of the Revised Code and otherwise	36713
would be assigned under section 3319.01 of the Revised Code to a	36714
school building described in division (B)(1) of this section in	36715
the school year for which the scholarship is sought.	36716

(C) The student is enrolled in a nonpublic school at the time	36717
the school is granted a charter by the state board of education	36718
under section 3301.16 of the Revised Code and the student meets	36719
the standards of division (B) of section 3310.031 of the Revised	36720
Code.	36721

(D) For the 2016-2017 school year and each school year	36722
thereafter, the student is in any of grades kindergarten through	36723
three, is enrolled in a school building that is operated by the	36724
student's resident district, and to which both of the following	36725
apply:	36726

(1) The building, in at least two of the three most recent	36727
ratings of school buildings published prior to the first day of	36728
July of the school year for which a scholarship is sought,	36729
received a grade of "D" or "F" for making progress in improving	36730
literacy in grades kindergarten through three under division	36731
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	36732

(2) The building did not receive a grade of "A" for making	36733
progress in improving literacy in grades kindergarten through	36734
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	36735
the Revised Code in the most recent rating published prior to the	36736
first day of July of the school year for which a scholarship is	36737
sought.	36738

(E) A student who receives a scholarship under the	36739
educational choice scholarship pilot program remains an eligible	36740
student and may continue to receive scholarships in subsequent	36741
school years until the student completes grade twelve, so long as	36742
all of the following apply:	36743

(1) The student's resident district remains the same, or the	36744
student transfers to a new resident district and otherwise would	36745
be assigned in the new resident district to a school building	36746
described in division (A)(1) or, (B)(1), or (D) of this section;	36747

(2) The student takes each assessment prescribed for the	36748
student's grade level under section 3301.0710 or 3301.0712 of the	36749
Revised Code while enrolled in a chartered nonpublic school;	36750

(3) In each school year that the student is enrolled in a	36751
chartered nonpublic school, the student is absent from school for	36752
not more than twenty days that the school is open for instruction,	36753
not including excused absences.	36754

~~(E)~~(F)(1) The department shall cease awarding first-time	36755
scholarships pursuant to divisions (A)(1) to (4) of this section	36756
with respect to a school building that, in the most recent ratings	36757
of school buildings published under section 3302.03 of the Revised	36758
Code prior to the first day of July of the school year, ceases to	36759
meet the criteria in division (A)(1) of this section. The	36760
department shall cease awarding first-time scholarships pursuant	36761
to division (A)(5) of this section with respect to a school	36762
district that, in the most recent ratings of school districts	36763
published under section 3302.03 of the Revised Code prior to the	36764
first day of July of the school year, ceases to meet the criteria	36765
in division (A)(5) of this section.	36766

(2) The department shall cease awarding first-time	36767
scholarships pursuant to divisions (B)(1) to (4) of this section	36768
with respect to a school building that, in the most recent ratings	36769
of school buildings under section 3302.03 of the Revised Code	36770
prior to the first day of July of the school year, ceases to meet	36771
the criteria in division (B)(1) of this section.	36772

(3) The department shall cease awarding first-time	36773
scholarships pursuant to division (D) of this section with respect	36774
to a school building that, in the most recent ratings of school	36775
buildings under section 3302.03 of the Revised Code prior to the	36776
first day of July of the school year, ceases to meet the criteria	36777
in division (D) of this section.	36778

(4) However, students who have received scholarships in the	36779
prior school year remain eligible students pursuant to division	36780
~~(D)~~(E) of this section.	36781

~~(F)~~(G) The state board of education shall adopt rules	36782
defining excused absences for purposes of division ~~(D)~~(E)(3) of	36783
this section.	36784

~~(G)~~(H)(1) A student who satisfies only the conditions	36785
prescribed in divisions (A)(1) to (4) of this section shall not be	36786
eligible for a scholarship if the student's resident building	36787
meets any of the following in the most recent rating under section	36788
3302.03 of the Revised Code published prior to the first day of	36789
July of the school year for which a scholarship is sought:	36790

(a) The building has an overall designation of excellent or	36791
effective under section 3302.03 of the Revised Code as it existed	36792
prior to ~~the effective date of this amendment~~March 22, 2013.	36793

(b) For the 2012-2013 or 2013-2014 school year or both, the	36794
building has a grade of "A" or "B" for the performance index score	36795
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	36796
Revised Code and for the value-added progress dimension under	36797
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	36798
Code; or if the building serves only grades ten through twelve,	36799
the building received a grade of "A" or "B" for the performance	36800
index score under division (A)(1)(b) or (B)(1)(b) of section	36801
3302.03 of the Revised Code and had a four-year adjusted cohort	36802
graduation rate of greater than or equal to seventy-five per cent.	36803

(c) For the 2014-2015 school year or any school year	36804
thereafter, the building has a grade of "A" or "B" under division	36805
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	36806
for the value-added progress dimension under division (C)(1)(e) of	36807
section 3302.03 of the Revised Code; or if the building serves	36808
only grades ten through twelve, the building received a grade of	36809
"A" or "B" for the performance index score under division	36810
(C)(1)(b) of section 3302.03 of the Revised Code and had a	36811
four-year adjusted cohort graduation rate of greater than or equal	36812
to seventy-five per cent.	36813

(2) A student who satisfies only the conditions prescribed in	36814
division (A)(5) of this section shall not be eligible for a	36815
scholarship if the student's resident district meets any of the	36816
following in the most recent rating under section 3302.03 of the	36817
Revised Code published prior to the first day of July of the	36818
school year for which a scholarship is sought:	36819

(a) The district has an overall designation of excellent or	36820
effective under section 3302.03 of the Revised Code as it existed	36821
prior to ~~the effective date of this amendment~~March 22, 2013.	36822

(b) The district has a grade of "A" or "B" for the	36823
performance index score under division (A)(1)(b) or (B)(1)(b) of	36824
section 3302.03 of the Revised Code and for the value-added	36825
progress dimension under division (A)(1)(e) or (B)(1)(e) of	36826
section 3302.03 of the Revised Code for the 2012-2013 and	36827
2013-2014 school years.	36828

(c) The district has an overall grade of "A" or "B" under	36829
division (C)(3) of section 3302.03 of the Revised Code and a grade	36830
of "A" for the value-added progress dimension under division	36831
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	36832
school year or any school year thereafter.	36833

Sec. 3310.032. (A) A student is an "eligible student" for	36834
purposes of the expansion of the educational choice scholarship	36835
pilot program under this section if the student's resident	36836
district is not a school district in which the pilot project	36837
scholarship program is operating under sections 3313.974 to	36838
3313.979 of the Revised Code, the student is not eligible for an	36839
educational choice scholarship under section 3310.03 of the	36840
Revised Code, and the student's family income is at or below two	36841
hundred per cent of the federal poverty guidelines, as defined in	36842
section 5101.46 of the Revised Code.	36843

(B) In each fiscal year for which the general assembly	36844
appropriates funds for purposes of this section, the department of	36845
education shall pay scholarships to attend chartered nonpublic	36846
schools in accordance with section 3310.08 of the Revised Code.	36847
The number of scholarships awarded under this section shall not	36848
exceed the number that can be funded with appropriations made by	36849
the general assembly for this purpose.	36850

(C) Scholarships under this section shall be awarded as	36851
follows:	36852

(1) For the 2013-2014 school year, to eligible students who	36853
are entering kindergarten in that school year for the first time;	36854

(2) For each subsequent school year, scholarships shall be	36855
awarded to eligible students in the next grade level above the	36856
highest grade level awarded in the preceding school year, in	36857
addition to the grade levels for which students received	36858
scholarships in the preceding school year.	36859

(D) If the number of eligible students who apply for a	36860
scholarship under this section exceeds the scholarships available	36861
based on the appropriation for this section, the department shall	36862
award scholarships in the following order of priority:	36863

(1) First, to eligible students who received scholarships	36864
under this section in the prior school year;	36865

(2) Second, to eligible students with family incomes at or	36866
below one hundred per cent of the federal poverty guidelines. If	36867
the number of students described in division (D)(2) of this	36868
section who apply for a scholarship exceeds the number of	36869
available scholarships after awards are made under division (D)(1)	36870
of this section, the department shall select students described in	36871
division (D)(2) of this section by lot to receive any remaining	36872
scholarships.	36873

(3) Third, to other eligible students who qualify under this	36874
section. If the number of students described in division (D)(3) of	36875
this section exceeds the number of available scholarships after	36876
awards are made under divisions (D)(1) and (2) of this section,	36877
the department shall select students described in division (D)(3)	36878
of this section by lot to receive any remaining scholarships.	36879

(E) A student who receives a scholarship under this section	36880
remains an eligible student and may continue to receive	36881
scholarships under this section in subsequent school years until	36882
the student completes grade twelve, so long as the student	36883
satisfies the conditions specified in divisions (E)(2) and (3) of	36884
section 3310.03 of the Revised Code.	36885

Once a scholarship is awarded under this section, the student	36886
shall remain eligible for that scholarship for the current school	36887
year and subsequent school years even if the student's family	36888
income rises above the amount specified in division (A) of this	36889
section, provided the student remains enrolled in a chartered	36890
nonpublic school.	36891

Sec. 3310.035. (A) A student who is eligible for an	36892
educational choice scholarship under both sections 3310.03 and	36893
3310.032 of the Revised Code, and applies for a scholarship for	36894
the first time after the effective date of this section shall	36895
receive a scholarship under section 3310.03 of the Revised Code.	36896

(B) A student who is eligible under both sections 3310.03 and	36897
3310.032 of the Revised Code and received a scholarship in the	36898
previous school year shall continue to receive the scholarship	36899
under the section from which the student received the scholarship	36900
in the previous school year, so long as:	36901

(1) The number of students who apply for a scholarship does	36902
not exceed the number of scholarships available under division (A)	36903
of section 3310.02 of the Revised Code.	36904

(2) A student who receives a scholarship under section	36905
3310.03 of the Revised Code satisfies with the conditions	36906
specified in divisions (E)(1) to (3) of that section, and a	36907
student who receives a scholarship under section 3310.032	36908
satisfies with the conditions specified in divisions (E)(2) and	36909
(3) of section 3310.03 of the Revised Code.	36910

Sec. 3310.05. A scholarship under the educational choice	36911
scholarship pilot program is not available for any student whose	36912
resident district is a school district in which the pilot project	36913
scholarship program is operating under sections 3313.974 to	36914
3313.979 of the Revised Code. The two pilot programs are separate	36915
and distinct, with differing eligibility criteria. The pilot	36916
project scholarship program operating under sections 3313.974 to	36917
3313.979 of the Revised Code is a district-wide program that may	36918
award scholarships to students who do not attend district schools	36919
that face academic challenges, whereas the educational choice	36920
scholarship pilot program established under sections 3310.01 to	36921
3310.17 of the Revised Code is limited to students of individual	36922
district school buildings that face academic challenges and to	36923
students from low-income families.	36924

Sec. 3310.06. It is the policy adopted by the general	36925
assembly that the educational choice scholarship pilot program	36926
shall be construed as one of several educational options available	36927
for students enrolled in persistently low-performing school	36928
buildings or for students from low-income families. Students may	36929
be enrolled in the schools of the student's resident district, in	36930
a community school established under Chapter 3314. of the Revised	36931
Code, in the schools of another school district pursuant to an	36932
open enrollment policy adopted under section 3313.98 of the	36933
Revised Code, in a chartered nonpublic school with or without a	36934
scholarship under the educational choice scholarship pilot	36935
program, or in other schools as the law may provide.	36936

Sec. 3310.08. (A) The amount paid for an eligible student	36937
under the educational choice scholarship pilot program shall be	36938
the lesser of the tuition of the chartered nonpublic school in	36939
which the student is enrolled or the maximum amount prescribed in	36940
section 3310.09 of the Revised Code.	36941

(B)(1) The department of education shall pay to the parent of	36942
each eligible student for whom a scholarship is awarded under the	36943
program, or to the student if at least eighteen years of age,	36944
periodic partial payments of the scholarship.	36945

(2) The department shall proportionately reduce or terminate	36946
the payments for any student who withdraws from a chartered	36947
nonpublic school prior to the end of the school year.	36948

(C)(1) The department shall deduct from the payments made to	36949
each school district under Chapter 3317., and if necessary,	36950
sections 321.24 and 323.156 of the Revised Code, the amount paid	36951
under division (B) of this section for each eligible student	36952
~~awarded~~who qualifies for a scholarship under ~~the program~~section	36953
3310.03 of the Revised Code and who is entitled under section	36954
3313.64 or 3313.65 of the Revised Code to attend school in the	36955
district. In the case of a student entitled to attend school in a	36956
school district under division (B)(2)(a) of section 3313.64 or	36957
division (C) of section 3313.65 of the Revised Code, the	36958
department shall deduct the payments from the school district that	36959
includes the student in its average daily membership as reported	36960
to the department under section 3317.03 of the Revised Code, as	36961
determined by the department.	36962

(2) If the department reduces or terminates payments to a	36963
parent or a student, as prescribed in division (B)(2) of this	36964
section, and the student enrolls in the schools of the student's	36965
resident district or in a community school, established under	36966
Chapter 3314. of the Revised Code, before the end of the school	36967
year, the department shall proportionally restore to the resident	36968
district the amount deducted for that student under division	36969
(C)(1) of this section.	36970

Sec. 3310.56. (A) The amount of the scholarship awarded and	36971
paid to an eligible applicant for services for a qualified special	36972
education child under the Jon Peterson special needs scholarship	36973
program in each school year shall be the least of the amounts	36974
prescribed in divisions (A)(1), (2), orand (3) of this section,	36975
as follows:	36976

(1) The amount of fees charged for that school year by the	36977
alternative public provider or registered private provider;	36978

(2) The sum of the amounts calculated under divisions	36979
(A)(2)(a) and (b) of this section:	36980

(a) The ~~sum of the~~ formula amount ~~plus the per pupil amount~~	36981
~~of the base funding supplements specified in divisions (C)(1) to~~	36982
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~;	36983

(b) An amount equal to ~~$5,732~~the formula amount times the	36984
following multiple prescribed for the child's disability:	36985

(i) For a student in category one, ~~0.2892~~the multiple	36986
specified in division (A) of section 3317.013 of the Revised Code;	36987

(ii) For a student in category two, ~~0.3691~~the multiple	36988
specified in division (B) of section 3317.013 of the Revised Code;	36989

(iii) For a student in category three, ~~1.7695~~the multiple	36990
specified in division (C) of section 3317.013 of the Revised Code;	36991

(iv) For a student in category four, ~~2.3646~~the multiple	36992
specified in division (D) of section 3317.013 of the Revised Code;	36993

(v) For a student in category five, ~~3.1129~~the multiple	36994
specified in division (E) of section 3317.013 of the Revised Code;	36995

(vi) For a student in category six, ~~4.7342~~the multiple	36996
specified in division (F) of section 3317.013 of the Revised Code.	36997

~~Before applying the multiples specified in divisions~~	36998
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	36999
~~by multiplying them by 0.90.~~	37000

(3) Twenty thousand dollars.

37001

(B) As used in division (A)(2)(b) of this section, a child	37002
with a disability is in:	37003

(1) "Category one" if the ~~child's primary or only identified~~	37004
~~disability is a speech and language disability, as this term is~~	37005
~~defined pursuant to Chapter 3323.~~child is receiving special	37006
education services for a disability specified in division (A) of	37007
section 3317.013 of the Revised Code;	37008

(2) "Category two" if the child is ~~identified as specific~~	37009
~~learning disabled or developmentally disabled, as these terms are~~	37010
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	37011
~~having an other health impairment-minor, as defined in section~~	37012
~~3317.02~~receiving special education services for a disability	37013
specified in division (B) of section 3317.013 of the Revised Code;	37014

(3) "Category three" if the child is ~~identified as vision~~	37015
~~impaired, hearing disabled, or severe behavior disabled, as these~~	37016
~~terms are defined pursuant to Chapter 3323.~~receiving special	37017
education services for a disability specified in division (C) of	37018
section 3317.013 of the Revised Code;	37019

(4) "Category four" if the child is ~~identified as~~	37020
~~orthopedically disabled, as this term is defined pursuant to~~	37021
~~Chapter 3323. of the Revised Code, or as having an other health~~	37022
~~impairment-major, as defined in section 3317.02~~receiving special	37023
education services for a disability specified in division (D) of	37024
section 3317.013 of the Revised Code;	37025

(5) "Category five" if the child is ~~identified as having~~	37026
~~multiple disabilities, as this term is defined pursuant to Chapter~~	37027
~~3323.~~receiving special education services for a disability	37028
specified in division (E) of section 3317.013 of the Revised Code;	37029

(6) "Category six" if the child is ~~identified as autistic,~~	37030
~~having traumatic brain injuries, or both visually and hearing~~	37031
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	37032
receiving special education services for a disability specified in	37033
division (F) of section 3317.013 of the Revised Code.	37034

Sec. 3311.0510. (A) If all of the client school districts of	37035
an educational service center have terminated their agreements	37036
with the service center under division (D) of section 3313.843 of	37037
the Revised Code, upon the latest effective date of the	37038
terminations, the governing board of that service center shall be	37039
abolished and such service center shall be dissolved by order of	37040
the superintendent of public instruction. The superintendent's	37041
order shall provide for the equitable division and disposition of	37042
the assets, property, debts, and obligations of the service center	37043
among the school districts that were client school districts of	37044
the service center for the service center's last fiscal year of	37045
operation. The superintendent's order shall provide that the tax	37046
duplicate of each of those school districts shall be bound for and	37047
assume the district's equitable share of the outstanding	37048
indebtedness of the service center. The superintendent's order is	37049
final and is not appealable.	37050

Immediately upon the abolishment of the service center	37051
governing board pursuant to this section, the superintendent of	37052
public instruction shall appoint a qualified individual to	37053
administer the dissolution of the service center and to implement	37054
the terms of the superintendent's dissolution order.	37055

Prior to distributing assets to any school district under	37056
this section, but after paying in full other debts and obligations	37057
of the service center under this section, the superintendent of	37058
public instruction may assess against the remaining assets of the	37059
service center the amount of the costs incurred by the department	37060
of education in performing the superintendent's duties under this	37061
division, including the fees, if any, owed to the individual	37062
appointed to administer the superintendent's dissolution order.	37063
Any excess cost incurred by the department under this division	37064
shall be divided equitably among the school districts that were	37065
client school districts of the service center for the service	37066
center's last fiscal year of operation. Each district's share of	37067
that excess cost shall be bound against the tax duplicate of that	37068
district.	37069

(B) A final audit of the former service center shall be	37070
performed in accordance with procedures established by the auditor	37071
of state.	37072

(C) The public records of an educational service center that	37073
is dissolved under this section shall be transferred in accordance	37074
with this division. Public records maintained by the service	37075
center in connection with services provided by the service center	37076
to local school districts of which the territory of the service	37077
center is or previously was made up shall be transferred to each	37078
of the respective local school districts. Public records	37079
maintained by the service center in connection with services	37080
provided to client school districts shall be transferred to each	37081
of the respective client school districts. All other public	37082
records maintained by the service center at the time the service	37083
center ceases operations shall be transferred to the Ohio	37084
historical society for analysis and disposition by the society in	37085
its capacity as archives administrator for the state and its	37086
political subdivisions pursuant to division (C) of section 149.30	37087
and section 149.31 of the Revised Code.	37088

(D) As used in this section, "client school district" ~~has the~~	37089
~~same meaning as in section 3317.11 of the Revised Code~~means a	37090
city, exempted village, or local school district that has entered	37091
into an agreement under section 3313.843 or 3313.845 of the	37092
Revised Code to receive any services from an educational service	37093
center.	37094

Sec. 3311.22. A governing board of an educational service	37095
center may propose, by resolution adopted by majority vote of its	37096
full membership, or qualified electors of the area affected equal	37097
in number to at least fifty-five per cent of the qualified	37098
electors voting at the last general election residing within that	37099
portion of a school district, or districts proposed to be	37100
transferred may propose, by petition, the transfer of a part or	37101
all of one or more local school districts to another local school	37102
district or districts within the territory of the educational	37103
service center. Such transfers may be made only to local school	37104
districts adjoining the school district that is proposed to be	37105
transferred, unless the board of education of the district	37106
proposed to be transferred has entered into an agreement pursuant	37107
to section 3313.42 of the Revised Code, in which case such	37108
transfers may be made to any local school district within the	37109
territory of the educational service center.	37110

When a governing board of an educational service center	37111
adopts a resolution proposing a transfer of school territory it	37112
shall forthwith file a copy of such resolution, together with an	37113
accurate map of the territory described in the resolution, with	37114
the board of education of each school district whose boundaries	37115
would be altered by such proposal. A governing board of an	37116
educational service center proposing a transfer of territory under	37117
the provisions of this section shall at its next regular meeting	37118
that occurs not earlier than thirty days after the adoption by the	37119
governing board of a resolution proposing such transfer, adopt a	37120
resolution making the transfer effective at any time prior to the	37121
next succeeding first day of July, unless, prior to the expiration	37122
of such thirty-day period, qualified electors residing in the area	37123
proposed to be transferred, equal in number to a majority of the	37124
qualified electors voting at the last general election, file a	37125
petition of referendum against such transfer.	37126

Any petition of transfer or petition of referendum filed	37127
under the provisions of this section shall be filed at the office	37128
of the educational service center superintendent. The person	37129
presenting the petition shall be given a receipt containing	37130
thereon the time of day, the date, and the purpose of the	37131
petition.	37132

The educational service center superintendent shall cause the	37133
board of elections to check the sufficiency of signatures on any	37134
petition of transfer or petition of referendum filed under this	37135
section and, if found to be sufficient, the superintendent shall	37136
present the petition to the educational service center governing	37137
board at a meeting of the board which shall occur not later than	37138
thirty days following the filing of the petition.	37139

Upon presentation to the educational service center governing	37140
board of a proposal to transfer territory as requested by petition	37141
of fifty-five per cent of the qualified electors voting at the	37142
last general election or a petition of referendum against a	37143
proposal of the county board to transfer territory, the governing	37144
board shall promptly certify the proposal to the board of	37145
elections for the purpose of having the proposal placed on the	37146
ballot at the next general or primary election which occurs not	37147
less than ninety days after the date of such certification, or at	37148
a special election, the date of which shall be specified in the	37149
certification, which date shall not be less than ninety days after	37150
the date of such certification. Signatures on a petition of	37151
transfer or petition of referendum may be withdrawn up to and	37152
including the above mentioned meeting of the educational service	37153
center governing board only by order of the board upon testimony	37154
of the petitioner concerned under oath before the board that the	37155
petitioner's signature was obtained by fraud, duress, or	37156
misrepresentation.	37157

If a petition is filed with the educational service center	37158
governing board which proposes the transfer of a part or all of	37159
the territory included in a resolution of transfer previously	37160
adopted by the educational service center governing board, no	37161
action shall be taken on such petition if within the thirty-day	37162
period after the adoption of the resolution of transfer a	37163
referendum petition is filed. After the election, if the proposed	37164
transfer fails to receive a majority vote, action on such petition	37165
shall then be processed under this section as though originally	37166
filed under the provisions hereof. If no referendum petition is	37167
filed within the thirty-day period after the adoption of the	37168
resolution of transfer, no action shall be taken on such petition.	37169

If a petition is filed with the educational service center	37170
governing board which proposes the transfer of a part or all of	37171
the territory included in a petition previously filed by electors	37172
no action shall be taken on such new petition.	37173

Upon certification of a proposal to the board or boards of	37174
elections pursuant to this section, the board or boards of	37175
elections shall make the necessary arrangements for the submission	37176
of such question to the electors of the county or counties	37177
qualified to vote thereon, and the election shall be conducted and	37178
canvassed and the results shall be certified in the same manner as	37179
in regular elections for the election of members of a board of	37180
education.	37181

The persons qualified to vote upon a proposal are the	37182
electors residing in the district or districts containing	37183
territory that is proposed to be transferred. If the proposed	37184
transfer be approved by at least a majority of the electors voting	37185
on the proposal, the educational service center governing board	37186
shall make such transfer at any time prior to the next succeeding	37187
first day of July. If the proposed transfer is not approved by at	37188
least a majority of the electors voting on the proposal, the	37189
question of transferring any property included in the territory	37190
covered by the proposal shall not be submitted to electors at any	37191
election prior to the first general election the date of which is	37192
at least two years after the date of the original election, or the	37193
first primary election held in an even-numbered year the date of	37194
which is at least two years after the date of the original	37195
election. A transfer shall be subject to the approval of the	37196
receiving board or boards of education, unless the proposal was	37197
initiated by the educational service center governing board, in	37198
which case, if the transfer is opposed by the board of education	37199
offered the territory, the local board may, within thirty days,	37200
following the receipt of the notice of transfer, appeal to the	37201
state board of education which shall then either approve or	37202
disapprove the transfer.	37203

Following an election upon a proposed transfer initiated by a	37204
petition the board of education that is offered territory shall,	37205
within thirty days following receipt of the proposal, either	37206
accept or reject the transfer.	37207

When an entire school district is proposed to be transferred	37208
to two or more school districts and the offer is rejected by any	37209
one of the receiving boards of education, none of the territory	37210
included in the proposal shall be transferred.	37211

Upon the acceptance of territory by the receiving board or	37212
boards of education the educational service center governing board	37213
offering the territory shall file with the county auditor and with	37214
the state board of education an accurate map showing the	37215
boundaries of the territory transferred.	37216

Upon the making of such transfer, the net indebtedness of the	37217
former district from which territory was transferred shall be	37218
apportioned between the acquiring school district and that portion	37219
of the former school district remaining after the transfer in the	37220
ratio which the assessed valuation of the territory transferred to	37221
the acquiring school district bears to the assessed valuation of	37222
the original school district as of the effective date of the	37223
transfer. As used in this section "net indebtedness" means the	37224
difference between the par value of the outstanding and unpaid	37225
bonds and notes of the school district and the amount held in the	37226
sinking fund and other indebtedness retirement funds for their	37227
redemption.	37228

~~If an entire district is transferred, any indebtedness of the~~	37229
~~former district incurred as a result of a loan made under section~~	37230
~~3317.64 of the Revised Code is hereby canceled and such~~	37231
~~indebtedness shall not be apportioned among any districts~~	37232
~~acquiring the territory.~~	37233

Upon the making of any transfer under this section, the funds	37234
of the district from which territory was transferred shall be	37235
divided equitably by the educational service center governing	37236
board between the acquiring district and any part of the original	37237
district remaining after the transfer.	37238

If an entire district is transferred the board of education	37239
of such district is thereby abolished or if a member of the board	37240
of education lives in that part of a school district transferred	37241
the member becomes a nonresident of the school district from which	37242
the territory was transferred and such member ceases to be a	37243
member of the board of education of such district.	37244

The legal title of all property of the board of education in	37245
the territory transferred shall become vested in the board of	37246
education of the school district to which such territory is	37247
transferred.	37248

Subsequent to June 30, 1959, if an entire district is	37249
transferred, foundation program moneys accruing to a district	37250
accepting school territory under the provisions of this section or	37251
former section 3311.22 of the Revised Code, shall not be less, in	37252
any year during the next succeeding three years following the	37253
transfer, than the sum of the amounts received by the districts	37254
separately in the year in which the transfer was consummated.	37255

Sec. 3311.231. A governing board of an educational service	37256
center may propose, by resolution adopted by majority vote of its	37257
full membership, or qualified electors of the area affected equal	37258
in number to not less than fifty-five per cent of the qualified	37259
electors voting at the last general election residing within that	37260
portion of a school district proposed to be transferred may	37261
propose, by petition, the transfer of a part or all of one or more	37262
local school districts within the territory of the center to an	37263
adjoining educational service center or to an adjoining city or	37264
exempted village school district.	37265

A governing board of an educational service center adopting a	37266
resolution proposing a transfer of school territory under this	37267
section shall file a copy of such resolution together with an	37268
accurate map of the territory described in the resolution, with	37269
the board of education of each school district whose boundaries	37270
would be altered by such proposal. Where a transfer of territory	37271
is proposed by a governing board of an educational service center	37272
under this section, the governing board shall, at its next regular	37273
meeting that occurs not earlier than the thirtieth day after the	37274
adoption by the governing board of the resolution proposing such	37275
transfer, adopt a resolution making the transfer as originally	37276
proposed, effective at any time prior to the next succeeding first	37277
day of July, unless, prior to the expiration of such thirty-day	37278
period, qualified electors residing in the area proposed to be	37279
transferred, equal in number to a majority of the qualified	37280
electors voting at the last general election, file a petition of	37281
referendum against such transfer.	37282

Any petition of transfer or petition of referendum under the	37283
provisions of this section shall be filed at the office of the	37284
educational service center superintendent. The person presenting	37285
the petition shall be given a receipt containing thereon the time	37286
of day, the date, and the purpose of the petition.	37287

The educational service center superintendent shall cause the	37288
board of elections to check the sufficiency of signatures on any	37289
such petition, and, if found to be sufficient, the superintendent	37290
shall present the petition to the educational service center	37291
governing board at a meeting of said governing board which shall	37292
occur not later than thirty days following the filing of said	37293
petition.	37294

The educational service center governing board shall promptly	37295
certify the proposal to the board of elections of such counties in	37296
which school districts whose boundaries would be altered by such	37297
proposal are located for the purpose of having the proposal placed	37298
on the ballot at the next general or primary election which occurs	37299
not less than ninety days after the date of such certification or	37300
at a special election, the date of which shall be specified in the	37301
certification, which date shall not be less than ninety days after	37302
the date of such certification.	37303

Signatures on a petition of transfer or petition of	37304
referendum may be withdrawn up to and including the above	37305
mentioned meeting of the educational service center governing	37306
board only by order of the governing board upon testimony of the	37307
petitioner concerned under oath before the board that the	37308
petitioner's signature was obtained by fraud, duress, or	37309
misrepresentation.	37310

If a petition is filed with the educational service center	37311
governing board which proposes the transfer of a part or all of	37312
the territory included either in a petition previously filed by	37313
electors or in a resolution of transfer previously adopted by the	37314
educational service center governing board, no action shall be	37315
taken on such new petition as long as the previously initiated	37316
proposal is pending before the governing board or is subject to an	37317
election.	37318

Upon certification of a proposal to the board or boards of	37319
elections pursuant to this section, the board or boards of	37320
elections shall make the necessary arrangements for the submission	37321
of such question to the electors of the county or counties	37322
qualified to vote thereon, and the election shall be conducted and	37323
canvassed and the results shall be certified in the same manner as	37324
in regular elections for the election of members of a board of	37325
education.	37326

The persons qualified to vote upon a proposal are the	37327
electors residing in the district or districts containing	37328
territory that is proposed to be transferred. If the proposed	37329
transfer is approved by at least a majority of the electors voting	37330
on the proposal, the educational service center governing board	37331
shall make such transfer at any time prior to the next succeeding	37332
first day of July, subject to the approval of the receiving board	37333
of education in case of a transfer to a city or exempted village	37334
school district, and subject to the approval of the educational	37335
service center governing board of the receiving center, in case of	37336
a transfer to an educational service center. If the proposed	37337
transfer is not approved by at least a majority of the electors	37338
voting on the proposal, the question of transferring any property	37339
included in the territory covered by the proposal shall not be	37340
submitted to electors at any election prior to the first general	37341
election the date of which is at least two years after the date of	37342
the original election, or the first primary election held in an	37343
even-numbered year the date of which is at least two years after	37344
the date of the original election.	37345

Where a territory is transferred under this section to a city	37346
or exempted village school district, the board of education of	37347
such district shall, and where territory is transferred to an	37348
educational service center the governing board of such educational	37349
service center shall, within thirty days following receipt of the	37350
proposal, either accept or reject the transfer.	37351

Where a governing board of an educational service center	37352
adopts a resolution accepting territory transferred to the	37353
educational service center under the provisions of sections	37354
3311.231 and 3311.24 of the Revised Code, the governing board	37355
shall, at the time of the adoption of the resolution accepting the	37356
territory, designate the school district to which the accepted	37357
territory shall be annexed.	37358

When an entire school district is proposed to be transferred	37359
to two or more adjoining school districts and the offer is	37360
rejected by any one of the receiving boards of education, none of	37361
the territory included in the proposal shall be transferred.	37362

Upon the acceptance of territory by the receiving board or	37363
boards of education the educational service center governing board	37364
offering the territory shall file with the county auditor of each	37365
county affected by the transfer and with the state board of	37366
education an accurate map showing the boundaries of the territory	37367
transferred.	37368

Upon the making of such transfer, the net indebtedness of the	37369
former district from which territory was transferred shall be	37370
apportioned between the acquiring school district and the portion	37371
of the former school district remaining after the transfer in the	37372
ratio which the assessed valuation of the territory transferred to	37373
the acquiring school district bears to the assessed valuation of	37374
the original school district as of the effective date of the	37375
transfer. As used in this section "net indebtedness" means the	37376
difference between the par value of the outstanding and unpaid	37377
bonds and notes of the school district and the amount held in the	37378
sinking fund and other indebtedness retirement funds for their	37379
redemption.	37380

~~If an entire district is transferred, any indebtedness of the~~	37381
~~former district incurred as a result of a loan made under section~~	37382
~~3317.64 of the Revised Code is hereby canceled and such~~	37383
~~indebtedness shall not be apportioned among any districts~~	37384
~~acquiring the territory.~~	37385

Upon the making of any transfer under this section, the funds	37386
of the district from which territory was transferred shall be	37387
divided equitably by the educational service center governing	37388
board, between the acquiring district and any part of the original	37389
district remaining after the transfer.	37390

If an entire district is transferred the board of education	37391
of such district is thereby abolished or if a member of the board	37392
of education lives in that part of a school district transferred	37393
the member becomes a nonresident of the school district from which	37394
the territory was transferred and such member ceases to be a	37395
member of the board of education of such district.	37396

The legal title of all property of the board of education in	37397
the territory transferred shall become vested in the board of	37398
education of the school district to which such territory is	37399
transferred.	37400

If an entire district is transferred, foundation program	37401
moneys accruing to a district receiving school territory under the	37402
provisions of this section shall not be less, in any year during	37403
the next succeeding three years following the transfer, than the	37404
sum of the amounts received by the districts separately in the	37405
year in which the transfer was consummated.	37406

Sec. 3311.38. The state board of education may conduct, or	37407
may direct the superintendent of public instruction to conduct,	37408
studies where there is evidence of need for transfer of local,	37409
exempted village, or city school districts, or parts of any such	37410
districts, to contiguous or noncontiguous local, exempted village,	37411
or city school districts. Such studies shall include a study of	37412
the effect of any proposal upon any portion of a school district	37413
remaining after such proposed transfer. The state board, in	37414
conducting such studies and in making recommendations as a result	37415
thereof, shall consider the possibility of improving school	37416
district organization as well as the desires of the residents of	37417
the school districts which would be affected.	37418

(A) After the adoption of recommendations growing out of any	37419
such study, or upon receipt of a resolution adopted by majority	37420
vote of the full membership of the board of any city, local, or	37421
exempted village school district requesting that the entire	37422
district be transferred to another city, local, or exempted	37423
village school district, the state board may propose by resolution	37424
the transfer of territory, which may consist of part or all of the	37425
territory of a local, exempted village, or city school district to	37426
a contiguous local, exempted village, or city school district.	37427

The state board shall thereupon file a copy of such proposal	37428
with the board of education of each school district whose	37429
boundaries would be altered by the proposal and with the governing	37430
board of any educational service center in which such school	37431
district is located.	37432

The state board may, not less than thirty days following the	37433
adoption of the resolution proposing the transfer of territory,	37434
certify the proposal to the board of elections of the county or	37435
counties in which any of the territory of the proposed district is	37436
located, for the purpose of having the proposal placed on the	37437
ballot at the next general election or at a primary election	37438
occurring not less than ninety days after the adoption of such	37439
resolution.	37440

If any proposal has been previously initiated pursuant to	37441
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	37442
affects any of the territory affected by the proposal of the state	37443
board, the proposal of the state board shall not be placed on the	37444
ballot while the previously initiated proposal is subject to an	37445
election.	37446

Upon certification of a proposal to the board of elections of	37447
any county pursuant to this section, the board of elections of	37448
such county shall make the necessary arrangements for the	37449
submission of such question to the electors of the county	37450
qualified to vote thereon, and the election shall be counted and	37451
canvassed and the results shall be certified in the same manner as	37452
in regular elections for the election of members of a board of	37453
education.	37454

The electors qualified to vote upon a proposal are the	37455
electors residing in the local, exempted village, or city school	37456
districts, containing territory proposed to be transferred.	37457

If the proposed transfer be approved by a majority of the	37458
electors voting on the proposal, the state board, subject to the	37459
approval of the board of education of the district to which the	37460
territory would be transferred, shall make such transfer prior to	37461
the next succeeding July 1.	37462

(B) If a study conducted in accordance with this section	37463
involves a school district with less than four thousand dollars of	37464
assessed value for each pupil in the total student count	37465
determined under section 3317.03 of the Revised Code, the state	37466
board of education, with the approval of the educational service	37467
center governing board, and upon recommendation by the state	37468
superintendent of public instruction, may by resolution transfer	37469
all or any part of such a school district to any city, exempted	37470
village, or local school district which has more than twenty-five	37471
thousand pupils in average daily membership. Such resolution of	37472
transfer shall be adopted only after the board of education of the	37473
receiving school district has adopted a resolution approving the	37474
proposed transfer. For the purposes of this division, the assessed	37475
value shall be as certified in accordance with section 3317.021 of	37476
the Revised Code.	37477

(C) Upon the making of a transfer of an entire school	37478
district pursuant to this section, the indebtedness of the	37479
district transferred shall be assumed in full by the acquiring	37480
district and the funds of the district transferred shall be paid	37481
over in full to the acquiring district~~, except that any~~	37482
~~indebtedness of the transferred district incurred as a result of a~~	37483
~~loan made under section 3317.64 of the Revised Code is hereby~~	37484
~~canceled and shall not be assumed by the acquiring district~~.	37485

(D) Upon the making of a transfer pursuant to this section,	37486
when only part of a district is transferred, the net indebtedness	37487
of each original district of which only a part is taken by the	37488
acquiring district shall be apportioned between the acquiring	37489
district and the original district in the ratio which the assessed	37490
valuation of the part taken by the acquiring district bears to the	37491
assessed valuation of the original district as of the effective	37492
date of the transfer. As used in this section "net indebtedness"	37493
means the difference between the par value of the outstanding and	37494
unpaid bonds and notes of the school district and the amount held	37495
in the sinking fund and other indebtedness retirement funds for	37496
their redemption.	37497

(E) Upon the making of a transfer pursuant to this section,	37498
when only part of a district is transferred, the funds of the	37499
district from which territory was transferred shall be divided	37500
equitably by the state board between the acquiring district and	37501
that part of the former district remaining after the transfer.	37502

(F) If an entire school district is transferred, the board of	37503
education of such district is thereby abolished. If part of a	37504
school district is transferred, any member of the board of	37505
education who is a legal resident of that part which is	37506
transferred shall thereby cease to be a member of that board.	37507

If an entire school district is transferred, foundation	37508
program moneys accruing to a district accepting school territory	37509
under the provisions of this section shall not be less, in any	37510
year during the next succeeding three years following the	37511
transfer, than the sum of the amounts received by the districts	37512
separately in the year in which the transfer became effective.	37513

Sec. 3311.78. Notwithstanding any provision of the Revised	37514
Code to the contrary, a municipal school district shall be subject	37515
to this section instead of sections ~~3317.13,~~ 3317.14, and 3317.141	37516
of the Revised Code.	37517

(A) As used in this section, "principal" includes an	37518
assistant principal.	37519

(B) The board of education of each municipal school district	37520
annually shall adopt a differentiated salary schedule for teachers	37521
based upon performance as described in division (D) of this	37522
section. The board also annually shall adopt a differentiated	37523
salary schedule for principals based upon performance as described	37524
in division (D) of this section.	37525

For each teacher or principal hired on or after ~~the effective~~	37526
~~date of this section~~October 1, 2012, the board shall determine	37527
the teacher's or principal's initial placement on the applicable	37528
salary schedule based on years of experience and area of licensure	37529
and any other factors the board considers appropriate. For each	37530
teacher hired prior to ~~the effective date of this section~~October	37531
1, 2012, the board shall initially place the teacher on the	37532
applicable salary schedule so that the teacher's annual salary on	37533
the schedule is comparable to the teacher's annual salary for the	37534
school year immediately prior to the school year covered by the	37535
schedule. For each principal hired prior to ~~the effective date of~~	37536
~~this section~~October 1, 2012, the board shall initially place the	37537
principal on the applicable salary schedule consistent with the	37538
principal's employment contract.	37539

(C) The salary of a teacher shall not be reduced unless such	37540
reduction is accomplished as part of a negotiated collective	37541
bargaining agreement. The salary of a principal shall not be	37542
reduced during the term of the principal's employment contract	37543
unless such reduction is by mutual agreement of the board and the	37544
principal or is part of a uniform plan affecting the entire	37545
district.	37546

(D) For purposes of the schedules, the board shall measure a	37547
teacher's or principal's performance by considering all of the	37548
following:	37549

(1) The level of license issued under section 3319.22 of the	37550
Revised Code that the teacher or principal holds;	37551

(2) Whether the teacher or principal is a highly qualified	37552
teacher, as defined in section 3319.074 of the Revised Code;	37553

(3) Ratings received by the teacher or principal on	37554
performance evaluations conducted under section 3311.80 or 3311.84	37555
of the Revised Code;	37556

(4) Any specialized training and experience in the assigned	37557
position.	37558

(E) The salary schedules adopted under this section may	37559
provide for additional compensation for teachers or principals who	37560
perform duties, not contracted for under a supplemental contract,	37561
that the board determines warrant additional compensation. Those	37562
duties may include, but are not limited to, assignment to a school	37563
building eligible for funding under Title I of the "Elementary and	37564
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	37565
assignment to a building in "school improvement" status under the	37566
"No Child Left Behind Act of 2001," as defined in section 3302.01	37567
of the Revised Code; teaching in a grade level or subject area in	37568
which the board has determined there is a shortage within the	37569
district; assignment to a hard-to-staff school, as determined by	37570
the board; or teaching in a school with an extended school day or	37571
school year.	37572

(F) The chief executive officer of the district, or the chief	37573
executive officer's designee, annually shall review the salary of	37574
each teacher and principal and make a recommendation to the board.	37575
Based on the recommendation, the board may increase a teacher's or	37576
principal's salary based on the teacher's or principal's	37577
performance and duties as provided for in divisions (D) and (E) of	37578
this section. The performance-based increase for a teacher or	37579
principal rated as accomplished shall be greater than the	37580
performance-based increase for a teacher or principal rated as	37581
proficient. Notwithstanding division (C) of this section, division	37582
(C) of section 3319.02, and section 3319.12 of the Revised Code,	37583
the board may decrease the teacher's or principal's salary if the	37584
teacher or principal will perform fewer or different duties	37585
described in division (E) of this section in the school year for	37586
which the salary is decreased.	37587

(G) Notwithstanding any provision to the contrary in Chapter	37588
4117. of the Revised Code, the requirements of this section	37589
prevail over any conflicting provisions of a collective bargaining	37590
agreement entered into on or after ~~the effective date of this~~	37591
~~section~~October 1, 2012. However, the board and the teachers'	37592
labor organization shall negotiate the implementation of the	37593
differentiated salary schedule for teachers and may negotiate	37594
additional factors regarding teacher salaries, provided those	37595
factors are consistent with this section.	37596

Sec. 3312.08. Each fiscal agent selected by the department	37597
of education pursuant to section 3312.07 of the Revised Code shall	37598
do all of the following:	37599

(A) Enter into performance contracts with the department in	37600
accordance with section 3312.09 of the Revised Code for the	37601
implementation of state and regional education initiatives and	37602
school improvement efforts;	37603

(B) Receive federal and state funds, including federal funds	37604
for the provision of special education and related services, as	37605
specified in the performance contracts, and disburse those funds	37606
as specified in the performance contracts to educational service	37607
centers, information technology centers, and other regional	37608
service providers. However, any funds owed to an educational	37609
service center in accordance with an agreement entered into under	37610
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	37611
Code shall be paid directly to the service center by the	37612
department ~~in accordance with that section~~ and any operating funds	37613
appropriated for an information technology center shall be paid	37614
directly to the information technology center by the department	37615
pursuant to section 3301.075 of the Revised Code.	37616

(C) Implement any expenditure of funds recommended by the	37617
advisory council for the region pursuant to section 3312.04 of the	37618
Revised Code or required by the terms of any performance contract,	37619
unless there are insufficient funds available to the region to pay	37620
for the expenditure or the expenditure violates a provision of the	37621
Revised Code, a rule of the state board of education regarding	37622
such expenditure, or the terms of a performance contract;	37623

(D) Exercise fiscal oversight of the implementation of state	37624
and regional education initiatives and school improvement efforts.	37625

Sec. 3313.372. (A) As used in this section, "energy	37626
conservation measure" means an installation or modification of an	37627
installation in, or remodeling of, a building, to reduce energy	37628
consumption. It includes:	37629

(1) Insulation of the building structure and systems within	37630
the building;	37631

(2) Storm windows and doors, multiglazed windows and doors,	37632
heat absorbing or heat reflective glazed and coated window and	37633
door systems, additional glazing, reductions in glass area, and	37634
other window and door system modifications that reduce energy	37635
consumption;	37636

(3) Automatic energy control systems;

37637

(4) Heating, ventilating, or air conditioning system	37638
modifications or replacements;	37639

(5) Caulking and weatherstripping;

37640

(6) Replacement or modification of lighting fixtures to	37641
increase the energy efficiency of the system without increasing	37642
the overall illumination of a facility, unless such increase in	37643
illumination is necessary to conform to the applicable state or	37644
local building code for the proposed lighting system;	37645

(7) Energy recovery systems;

37646

(8) Cogeneration systems that produce steam or forms of	37647
energy such as heat, as well as electricity, for use primarily	37648
within a building or complex of buildings;	37649

(9) Any other modification, installation, or remodeling	37650
approved by the Ohio school facilities commission as an energy	37651
conservation measure.	37652

(B) A board of education of a city, exempted village, local,	37653
or joint vocational school district may enter into an installment	37654
payment contract for the purchase and installation of energy	37655
conservation measures. The provisions of such installment payment	37656
contracts dealing with interest charges and financing terms shall	37657
not be subject to the competitive bidding requirements of section	37658
3313.46 of the Revised Code, and shall be on the following terms:	37659

(1) Not less than one-fifteenth of the costs thereof shall be	37660
paid within two years from the date of purchase.	37661

(2) The remaining balance of the costs thereof shall be paid	37662
within fifteen years from the date of purchase.	37663

The provisions of any installment payment contract entered	37664
into pursuant to this section shall provide that all payments,	37665
except payments for repairs and obligations on termination of the	37666
contract prior to its expiration, be stated as a percentage of	37667
calculated energy, water, or waste water cost savings, avoided	37668
operating costs, and avoided capital costs attributable to the one	37669
or more measures over a defined period of time. Those payments	37670
shall be made only to the extent that the savings described in	37671
this division actually occur. The contractor shall warrant and	37672
guarantee that the energy conservation measures shall realize	37673
guaranteed savings. In order to ensure payment of any savings	37674
shortfall, the contractor shall provide an energy guarantee bond	37675
for the full term of the contract, including any partial guarantee	37676
year.	37677

The commission may reduce the term of any installment payment	37678
contract entered into under this section on or after the effective	37679
date of this amendment to three years.	37680

An installment payment contract entered into by a board of	37681
education under this section shall require the board to contract	37682
in accordance with division (A) of section 3313.46 of the Revised	37683
Code for the installation, modification, or remodeling of energy	37684
conservation measures unless division (A) of section 3313.46 of	37685
the Revised Code does not apply pursuant to division (B)(3) of	37686
that section.	37687

(C) The board may issue the notes of the school district	37688
signed by the president and the treasurer of the board and	37689
specifying the terms of the purchase and securing the deferred	37690
payments provided in this section, payable at the times provided	37691
and bearing interest at a rate not exceeding the rate determined	37692
as provided in section 9.95 of the Revised Code. The notes may	37693
contain an option for prepayment and shall not be subject to	37694
Chapter 133. of the Revised Code. In the resolution authorizing	37695
the notes, the board may provide, without the vote of the electors	37696
of the district, for annually levying and collecting taxes in	37697
amounts sufficient to pay the interest on and retire the notes,	37698
except that the total net indebtedness of the district without a	37699
vote of the electors incurred under this and all other sections of	37700
the Revised Code, except section 3318.052 of the Revised Code,	37701
shall not exceed one per cent of the district's tax valuation.	37702
Revenues derived from local taxes or otherwise, for the purpose of	37703
conserving energy or for defraying the current operating expenses	37704
of the district, may be applied to the payment of interest and the	37705
retirement of such notes. The notes may be sold at private sale or	37706
given to the contractor under the installment payment contract	37707
authorized by division (B) of this section.	37708

(D) Debt incurred under this section shall not be included in	37709
the calculation of the net indebtedness of a school district under	37710
section 133.06 of the Revised Code.	37711

(E) No school district board shall enter into an installment	37712
payment contract under division (B) of this section unless it	37713
first obtains a report of the costs of the energy conservation	37714
measures and the savings thereof as described under division (G)	37715
of section 133.06 of the Revised Code as a requirement for issuing	37716
energy securities, makes a finding that the amount spent on such	37717
measures is not likely to exceed the amount of money it would save	37718
in energy costs and resultant operational and maintenance costs as	37719
described in that division, except that that finding shall cover	37720
the ensuing fifteen years, and the Ohio school facilities	37721
commission determines that the district board's findings are	37722
reasonable and approves the contract as described in that	37723
division.	37724

The district board shall monitor the savings and maintain a	37725
report of those savings, which shall be submitted to the	37726
commission in the same manner as required by division (G) of	37727
section 133.06 of the Revised Code in the case of energy	37728
securities.	37729

Sec. 3313.376. As used in this section, "client school	37730
district" ~~has the same meaning as in section 3317.11 of the~~	37731
~~Revised Code~~means a city, exempted village, or local school	37732
district that has entered into an agreement under section 3313.843	37733
or 3313.845 of the Revised Code to receive any services from an	37734
educational service center.	37735

For the purpose of obtaining quantity discounts in purchasing	37736
textbooks; computer equipment, including computer software; school	37737
buses; and natural gas, electricity, and other utility services,	37738
the governing boards of two or more educational service centers	37739
may enter into agreements, including installment purchase and	37740
lease-purchase contracts, to jointly purchase such commodities to	37741
be utilized by client school districts of the educational service	37742
centers.	37743

Sec. 3313.42. (A) When in the judgment of a board of	37744
education of any school district in this state, lying adjacent to	37745
a school district of another state, the best interests of the	37746
public schools can be promoted by purchasing school grounds,	37747
repairing or erecting a schoolhouse, and maintaining them jointly	37748
between the two adjacent school districts, the board of education	37749
of the school district of this state so situated may enter into an	37750
agreement with the school authorities of said adjacent school	37751
district for the purpose of purchasing school grounds, repairing	37752
or constructing a school building, purchasing school furniture,	37753
equipment, appliances, fuel, employing teachers, and maintaining a	37754
school. The board of education of this state may levy taxes and	37755
perform such other duties in maintaining such joint school as are	37756
otherwise provided by law for maintaining the public schools in	37757
this state.	37758

In carrying out this section the school district shall pay	37759
such proportion of the cost of purchasing school grounds,	37760
repairing or erecting a building, and in maintaining the joint	37761
school as is equitable and just in the judgment of the board of	37762
education and trustees of the two adjacent school districts.	37763

(B) ~~In any school district that has entered into an agreement~~	37764
~~under division (A) of this section, the state minimum teacher~~	37765
~~salary requirements prescribed by section 3317.13 of the Revised~~	37766
~~Code do not apply if the total expenditures by the school district~~	37767
~~for teacher salaries in any school year equals or exceeds the~~	37768
~~total minimum expenditures that would have been required in that~~	37769
~~year if such minimum teacher salary requirements did apply.~~	37770

~~(C)~~ Notwithstanding sections 3319.01, 3319.02, and 3313.22 of	37771
the Revised Code, the board of education of a local school	37772
district that has entered into an agreement with an adjacent	37773
school district in another state under division (A) of this	37774
section may contract with the educational service center within	37775
which the local school district is located for the service center	37776
to provide any administrative services specified in the agreement	37777
to the local school district and the adjacent district. If such an	37778
agreement provides for the duties of a district treasurer,	37779
superintendent, or principals to be performed by the service	37780
center, the local school district is not required to employ	37781
persons to perform such duties.	37782

Sec. 3313.48. (A) The board of education of each city,	37783
exempted village, local, and joint vocational school district	37784
shall provide for the free education of the youth of school age	37785
within the district under its jurisdiction, at such places as will	37786
be most convenient for the attendance of the largest number	37787
thereof. ~~Except as provided in section 3313.481 of the Revised~~	37788
~~Code, each~~Each school so provided and each chartered nonpublic	37789
school shall be open for instruction with pupils in attendance,	37790
including scheduled classes, supervised activities, and approved	37791
education options but excluding lunch and breakfast periods and	37792
extracurricular activities, for not less than ~~one hundred~~	37793
~~eighty-two days~~four hundred fifty-five hours in the case of	37794
pupils in kindergarten unless such pupils are provided all-day	37795
kindergarten, as defined in section 3321.05 of the Revised Code,	37796
in which case the pupils shall be in attendance for nine hundred	37797
ten hours; nine hundred ten hours in the case of pupils in grades	37798
one through six; and one thousand one hours in the case of pupils	37799
in grades seven through twelve in each school year, which may	37800
include all of the following:	37801

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	37802
~~in which classes are dismissed one-half day early or the~~	37803
~~equivalent amount of time during a different number of days~~during	37804
which pupils would otherwise be in attendance but are not required	37805
to attend for the purpose of individualized parent-teacher	37806
conferences and reporting periods;	37807

~~(B)~~(2) Up to the equivalent of two school days per year	37808
during which pupils would otherwise be in attendance but are not	37809
required to attend for professional meetings of teachers ~~when such~~	37810
~~days occur during a regular school week and schools are not in~~	37811
~~session~~;	37812

~~(C) The number of days the school is closed as a result of~~	37813
~~public calamity, as provided in section 3317.01 of the Revised~~	37814
~~Code~~(3) Morning and afternoon recess periods of not more than	37815
fifteen minutes duration per period for pupils in grades	37816
kindergarten through six.	37817

~~The state board of education shall adopt standards for~~	37818
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	37819
~~the Revised Code.~~	37820

~~Except as otherwise provided in this section, each day for~~	37821
~~grades seven through twelve shall consist of not less than five~~	37822
~~clock hours with pupils in attendance, except in such emergency~~	37823
~~situations, including lack of classroom space, as are approved by~~	37824
~~the state board of education. Except as otherwise provided in this~~	37825
~~section, each day for grades one through six shall consist of not~~	37826
~~less than five clock hours with pupils in attendance which may~~	37827
~~include fifteen minute morning and afternoon recess periods,~~	37828
~~except in such emergency situations, including lack of classroom~~	37829
~~space, as are approved by the state board of education.~~	37830

(B) Not later than thirty days prior to adopting a school	37831
calendar, the board of education of each city, exempted village,	37832
and local school district shall hold a public hearing on the	37833
school calendar, addressing topics that include, but are not	37834
limited to, the total number of hours in a school year, length of	37835
school day, and beginning and end dates of instruction. Each board	37836
shall publish notice of the hearing in a newspaper of general	37837
circulation in the district not later than thirty days prior to	37838
the hearing.	37839

(C) No school operated by a city, exempted village, local, or	37840
joint vocational school district shall reduce the number of hours	37841
in each school year that the school is scheduled to be open for	37842
instruction from the number of hours per year the school was open	37843
for instruction during the previous school year unless the	37844
reduction is approved by a resolution adopted by the district	37845
board of education. Any reduction so approved shall not result in	37846
fewer hours of instruction per school year than the applicable	37847
number of hours required under division (A) of this section.	37848

(D) Prior to making any change in the hours or days in which	37849
a high school under its jurisdiction is open for instruction, the	37850
board of education of each city, exempted village, and local	37851
school district shall consider the compatibility of the proposed	37852
change with the scheduling needs of any joint vocational school	37853
district in which any of the high school's students are also	37854
enrolled. The board shall consider the impact of the proposed	37855
change on student access to the instructional programs offered by	37856
the joint vocational school district, incentives for students to	37857
participate in career-technical education, transportation, and the	37858
timing of graduation. The board shall provide the joint vocational	37859
school district board with advance notice of the proposed change	37860
and the two boards shall enter into a written agreement	37861
prescribing reasonable accommodations to meet the scheduling needs	37862
of the joint vocational school district prior to implementation of	37863
the change.	37864

(E) Prior to making any change in the hours or days in which	37865
a school under its jurisdiction is open for instruction, the board	37866
of education of each city, exempted village, and local school	37867
district shall consider the compatibility of the proposed change	37868
with the scheduling needs of any community school established	37869
under Chapter 3314. of the Revised Code to which the district is	37870
required to transport students under sections 3314.09 and 3327.01	37871
of the Revised Code. The board shall consider the impact of the	37872
proposed change on student access to the instructional programs	37873
offered by the community school, transportation, and the timing of	37874
graduation. The board shall provide the sponsor, governing	37875
authority, and operator of the community school with advance	37876
notice of the proposed change, and the board and the governing	37877
authority, or operator if such authority is delegated to the	37878
operator, shall enter into a written agreement prescribing	37879
reasonable accommodations to meet the scheduling needs of the	37880
community school prior to implementation of the change.	37881

(F) Prior to making any change in the hours or days in which	37882
the schools under its jurisdiction are open for instruction, the	37883
board of education of each city, exempted village, and local	37884
school district shall consult with the chartered nonpublic schools	37885
to which the district is required to transport students under	37886
section 3327.01 of the Revised Code and shall consider the effect	37887
of the proposed change on the schedule for transportation of those	37888
students to their nonpublic schools. The governing authority of a	37889
chartered nonpublic school shall consult with each school district	37890
board of education that transports students to the chartered	37891
nonpublic school under section 3327.01 of the Revised Code prior	37892
to making any change in the hours or days in which the nonpublic	37893
school is open for instruction.	37894

(G) The state board of education shall not adopt or enforce	37895
any rule or standard that imposes on chartered nonpublic schools	37896
the procedural requirements imposed on school districts by	37897
divisions (B), (C), (D), and (E) of this section.	37898

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	37899
the term "school day" is used, unless otherwise specified, that	37900
term shall be construed to mean the time during a calendar day	37901
that a school is open for instruction pursuant to the schedule	37902
adopted by the board of education of the school district or the	37903
governing authority of the chartered nonpublic school in	37904
accordance with section 3313.48 of the Revised Code.	37905

Sec. 3313.483. (A) A board of education, upon the adoption	37906
of a resolution stating that it may be financially unable to open	37907
on the day or to remain open for instruction on all days set forth	37908
in its adopted school calendar and pay all obligated expenses, or	37909
the superintendent of public instruction upon the issuance of	37910
written notification under division (B) of section 3313.489 of the	37911
Revised Code, shall request the auditor of state to determine	37912
whether such situation exists. The auditor shall deliver a copy of	37913
each request from a board of education to the superintendent of	37914
public instruction. In the case of a school district not under a	37915
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	37916
auditor shall not issue a finding under this section until written	37917
notification is received from the superintendent pursuant to	37918
section 3313.487 of the Revised Code.	37919

(B) If the auditor of state finds that the board of education	37920
has attempted to avail itself to the fullest extent authorized by	37921
law of all lawful revenue sources available to it except those	37922
authorized by section 5705.21 of the Revised Code, the auditor	37923
shall certify that finding to the superintendent of public	37924
instruction and the state board of education and shall certify the	37925
operating deficit the district will have at the end of the fiscal	37926
year if it commences or continues operating its instructional	37927
program in accordance with its adopted school calendar and pays	37928
all obligated expenses.	37929

(C) No board of education may delay the opening of its	37930
schools or close its schools for financial reasons. Upon the	37931
request of the superintendent of public instruction, the attorney	37932
general shall seek injunctive relief and any other relief required	37933
to enforce this prohibition in the court of common pleas of	37934
Franklin county. The court of common pleas of Franklin county has	37935
exclusive original jurisdiction over all such actions.	37936

(D) Upon the receipt of any certification of an operating	37937
deficit from the auditor of state, a board of education shall make	37938
application to a commercial bank, underwriter, or other	37939
prospective lender or purchaser of its obligations for a loan in	37940
an amount sufficient to enable the district to open or remain open	37941
for instruction on all days set forth in its adopted school	37942
calendar but not to exceed the amount of the deficit certified.	37943

(E)(1) Any board of education that has applied for and been	37944
denied a loan from a commercial bank, underwriter, or other	37945
prospective lender or purchaser of its obligations pursuant to	37946
division (D) of this section shall submit to the superintendent of	37947
public instruction a plan for implementing reductions in the	37948
school district's budget; apply for a loan from a commercial bank,	37949
underwriter, or other prospective lender or purchaser of its	37950
obligations in an amount not to exceed its certified deficit; and	37951
provide the superintendent such information as the superintendent	37952
requires concerning its application for such a loan. The board of	37953
education of a school district declared to be under a fiscal watch	37954
pursuant to division (A) of section 3316.03 of the Revised Code	37955
may, upon approval of the superintendent, utilize the financial	37956
plan required by section 3316.04 of the Revised Code, or	37957
applicable parts thereof, as the plan required under this	37958
division. The board of education of a school district declared to	37959
be under a fiscal emergency pursuant to division (B) of section	37960
3316.03 of the Revised Code may utilize the financial recovery	37961
plan for the district, or applicable parts thereof, as the plan	37962
required under this division. Except for the plan of a school	37963
district under a fiscal emergency, the superintendent shall	37964
evaluate, make recommendations concerning, and approve or	37965
disapprove each plan. When a plan is submitted, the superintendent	37966
shall immediately notify the members of the general assembly whose	37967
legislative districts include any or all of the territory of the	37968
school district submitting the plan.	37969

(2) The superintendent shall submit to the controlling board	37970
a copy of each plan the superintendent approves, or each plan	37971
submitted by a district under a fiscal emergency pursuant to	37972
division (B) of section 3316.03 of the Revised Code, and the	37973
general terms of each proposed loan, and shall make	37974
recommendations regarding the plan and whether a proposed loan to	37975
the board of education should be approved for payment as provided	37976
in division (E)(3) of this section. The controlling board shall	37977
approve or disapprove the plan and the proposed loan presented to	37978
it by the superintendent. In the case of a district not under a	37979
fiscal emergency pursuant to division (B) of section 3316.03 of	37980
the Revised Code, the controlling board may require a board of	37981
education to implement the superintendent's recommendations for	37982
expenditure reductions or impose other requirements. Loan	37983
repayments shall be in accordance with a schedule approved by the	37984
superintendent, except that the principal amount of the loan shall	37985
be payable in monthly, semiannual, or annual installments of	37986
principal and interest that are substantially equal principal and	37987
interest installments. Except as otherwise provided in division	37988
(E)(2) of this section, repayment shall be made no later than the	37989
fifteenth day of June of the second fiscal year following the	37990
approval of the loan. A school district with a certified deficit	37991
in excess of either twenty-five million dollars or fifteen per	37992
cent of the general fund expenditures of the district during the	37993
fiscal year shall repay the loan no later than the fifteenth day	37994
of June of the tenth fiscal year following the approval of the	37995
loan. In deciding whether to approve or disapprove a proposed	37996
loan, the controlling board shall consider the deficit certified	37997
by the auditor of state pursuant to this section. A board of	37998
education that has an outstanding loan approved pursuant to this	37999
section with a repayment date of more than two fiscal years after	38000
the date of approval of such loan may not apply for another loan	38001
with such a repayment date until the outstanding loan has been	38002
repaid.	38003

(3) If a board of education has submitted and received	38004
controlling board approval of a plan and proposed loan in	38005
accordance with this section, the superintendent of public	38006
instruction shall report to the controlling board the actual	38007
amounts loaned to the board of education. Such board of education	38008
shall request the superintendent to pay any funds the board of	38009
education would otherwise receive pursuant to Chapter 3306. of the	38010
Revised Code first directly to the holders of the board of	38011
education's notes, or an agent thereof, such amounts as are	38012
specified under the terms of the loan. Such payments shall be made	38013
only from and to the extent of money appropriated by the general	38014
assembly for purposes of such sections. No note or other	38015
obligation of the board of education under the loan constitutes an	38016
obligation nor a debt or a pledge of the faith, credit, or taxing	38017
power of the state, and the holder or owner of such note or	38018
obligation has no right to have taxes levied by the general	38019
assembly for the payment of such note or obligation, and such note	38020
or obligation shall contain a statement to that effect.	38021

(4) Pursuant to the terms of such a loan, a board of	38022
education may issue its notes in anticipation of the collection of	38023
its voted levies for current expenses or its receipt of such state	38024
funds or both. Such notes shall be issued in accordance with	38025
division (E) of section 133.10 of the Revised Code and constitute	38026
Chapter 133. securities to the extent such division and the	38027
otherwise applicable provisions of Chapter 133. of the Revised	38028
Code are not inconsistent with this section, provided that in any	38029
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	38030
(E)(2) of section 133.10 of the Revised Code do not apply to such	38031
notes.	38032

(5) Notwithstanding section 133.36 or 3313.17, any other	38033
section of the Revised Code, or any other provision of law, a	38034
board of education that has received a loan under this section may	38035
not declare bankruptcy, so long as any portion of such loan	38036
remains unpaid.	38037

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	38038
~~3313.4811~~, "board of education" or "district board" includes the	38039
financial planning and supervision commission of a school district	38040
under a fiscal emergency pursuant to Chapter 3316. of the Revised	38041
Code where such commission chooses to exercise the powers and	38042
duties otherwise required of the district board of education under	38043
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	38044
Revised Code.	38045

Sec. 3313.484. No loan shall be approved under sections	38046
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	38047
1998.	38048

By the last day of June each year, the department of	38049
education shall calculate and pay a subsidy to every school	38050
district that during the current fiscal year paid and was	38051
obligated to pay interest on a loan under sections 3313.483 to	38052
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	38053
simple interest. The amount of the subsidy shall equal the	38054
difference between the amount of interest the district paid and	38055
was obligated to pay during the year and the interest that the	38056
district would have been obligated to pay if the interest rate on	38057
the loan had been two per cent per year.	38058

Sec. 3313.488. (A) Within fifteen days ofafter the date a	38059
~~board of education requests that its school district be made~~	38060
~~subject to this section as authorized by section 3317.62 of the~~	38061
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	38062
order under section 3313.487 of the Revised Code making a school	38063
district subject to this section, the district's board of	38064
education shall prepare a fiscal statement of expenses and	38065
expenditures for the remainder of the current fiscal year. The	38066
fiscal statement shall be submitted to the superintendent of	38067
public instruction and shall set forth all revenues to be received	38068
by the district during the remainder of the fiscal year and their	38069
sources, the expenses to be incurred by the district during the	38070
remainder of the fiscal year, the outstanding and unpaid expenses	38071
at the time the fiscal statement is prepared and the date or dates	38072
by which such expenses must be paid, and such other information as	38073
the superintendent requires to enable the superintendent to ensure	38074
that during the remainder of the fiscal year, the district will	38075
not incur any expenses that will further impair its ability to	38076
operate an instructional program that meets or exceeds the minimum	38077
standards of the state board of education and requirements of the	38078
Revised Code during the current and ensuing fiscal years with the	38079
revenue available to it from existing revenue sources. The fiscal	38080
statement shall be presented in such detail and form as the	38081
superintendent prescribes. Beginning the tenth day after the	38082
fiscal statement is submitted and for the remainder of the fiscal	38083
year, the board shall not make any expenditure of money, make any	38084
employment, purchase, or rental contract, give any order involving	38085
the expenditure of money, or increase any wage or salary schedule	38086
unless the superintendent of public instruction has approved the	38087
fiscal statement in writing and the expenditure, contract, order,	38088
or schedule has been approved in writing by the superintendent as	38089
being in conformity with the fiscal statement.	38090

Any contract or expenditure made, order given, or schedule	38091
adopted or put into effect without the written approval of the	38092
superintendent of public instruction is void, and no warrant shall	38093
be issued in payment of any amount due thereon.	38094

(B) A board of education subject to division (A) of this	38095
section shall prepare a fiscal statement of expenses and	38096
expenditures for the ensuing fiscal year. The fiscal statement	38097
shall be submitted to the superintendent of public instruction and	38098
shall set forth all revenues to be received by the district during	38099
such year and their source, the expenses to be incurred by the	38100
district during such year, the outstanding and unpaid expenses on	38101
the first day of such fiscal year, the date or dates by which such	38102
expenses must be paid, and such other information as the	38103
superintendent requires to enable the superintendent to ensure	38104
that during such year, the district will not incur any expenses	38105
that will further impair its ability to operate an instructional	38106
program that meets or exceeds the minimum standards of the state	38107
board of education and requirements of the Revised Code during	38108
such year with the revenue available to it from existing revenue	38109
sources. The fiscal statement shall be presented at the time and	38110
in such detail and form as the superintendent prescribes. During	38111
the fiscal year following the year in which a board of education	38112
first becomes subject to division (A) of this section it shall not	38113
make any expenditure of money, make any employment, purchase, or	38114
rental contract, give any order involving the expenditure of	38115
money, or increase any wage or salary schedule unless the	38116
superintendent of public instruction has approved the fiscal	38117
statement submitted under this division in writing and has	38118
approved the expenditure, contract, order, or schedule in writing	38119
as being in conformity with the fiscal statement.	38120

Any contract or expenditure made, order given, or schedule	38121
adopted or put into effect without the written approval of the	38122
superintendent of public instruction is void, and no warrant shall	38123
be issued in payment of any amount due thereon.	38124

(C) The state board of education shall examine any fiscal	38125
statement presented to and approved by the superintendent of	38126
public instruction under division (B) of this section and shall	38127
determine whether the data set forth in the fiscal statement are	38128
factual and based upon assumptions that in its judgment are	38129
reasonable expectations consistent with acceptable governmental	38130
budget and accounting practices. If the state board so determines	38131
and finds that the revenues and expenditures in the fiscal	38132
statement are in balance for the fiscal year and the fiscal	38133
statement will enable the district to operate during such year	38134
without interrupting its school calendar, it shall certify its	38135
determination and finding to the district at least thirty days	38136
prior to the beginning of the fiscal year, and the district shall	38137
thereupon cease to be subject to this section. If the state board	38138
does not make such a determination and finding, the board of	38139
education and school district are subject to this division and	38140
division (B) of this section in the ensuing fiscal year and each	38141
fiscal year thereafter until the state board makes a	38142
determination, finding, and certification under this division.	38143

(D) Any officer, employee, or other person who knowingly	38144
expends or authorizes the expenditure of any public funds or	38145
knowingly authorizes or executes any contract, order, or schedule	38146
contrary to division (A) or (B) of this section or who knowingly	38147
expends or authorizes the expenditure of any public funds on any	38148
such void contract, order, or schedule is jointly and severally	38149
liable in person and upon any official bond that the officer,	38150
employee, or other person has given to such school district to the	38151
extent of any payments on the void claim, not to exceed twenty	38152
thousand dollars. The attorney general at the written request of	38153
the superintendent of public instruction shall enforce this	38154
liability by civil action brought in any court of appropriate	38155
jurisdiction in the name of and on behalf of the school district.	38156

(E) During each month that a board of education is subject to	38157
division (A), (B), or (C) of this section, the superintendent of	38158
public instruction shall submit a report to the speaker of the	38159
house of representatives and the president of the senate on the	38160
financial condition of the school district. The report shall	38161
contain the date by which the superintendent anticipates the	38162
district will cease to be subject to such divisions, the	38163
district's plans for becoming exempt from such section, and such	38164
other information the superintendent determines appropriate or the	38165
speaker of the house of representatives or president of the senate	38166
requests.	38167

In addition to the other reports required under this	38168
division, on the thirty-first day of each school district fiscal	38169
year following a fiscal year in which a school district first	38170
becomes subject to this section, the superintendent shall submit a	38171
written report to the speaker of the house of representatives and	38172
the president of the senate. The report shall include	38173
recommendations to the general assembly for strengthening the	38174
financial condition of school districts based upon the experiences	38175
of the superintendent and the state board in exercising their	38176
powers under this section and sections 3313.483 and 3313.487 of	38177
the Revised Code.	38178

(F) This section does not apply to a school district declared	38179
to be under a fiscal emergency pursuant to division (B) of section	38180
3316.03 of the Revised Code.	38181

Sec. 3313.4810. Any school district receiving a loan under	38182
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	38183
per cent of the general fund expenditures of the district during	38184
the fiscal year in which the loan is received and that has	38185
received a loan under that section within the last five years is	38186
subject to section 3313.488 of the Revised Code for the duration	38187
of the fiscal year in which the district receives the loan and	38188
during the ensuing two fiscal years. The controlling board may not	38189
relieve a school district to which this section applies from any	38190
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	38191
Revised Code to implement recommendations of the superintendent of	38192
public instruction for expenditure reduction and may not modify	38193
any other requirements imposed under such section upon such a	38194
district as a condition for receiving the loan unless expressly	38195
authorized to do so by law. The superintendent of public	38196
instruction shall, among any recommendations hethe superintendent	38197
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	38198
of the Revised Code affecting the number of employees of a school	38199
district to which this section applies, provide wherever possible	38200
for the retention of teachers who are actually involved in the	38201
daily teaching of students in the classroom.	38202

Sec. 3313.533. (A) The board of education of a city,	38203
exempted village, or local school district may adopt a resolution	38204
to establish and maintain an alternative school in accordance with	38205
this section. The resolution shall specify, but not necessarily be	38206
limited to, all of the following:	38207

(1) The purpose of the school, which purpose shall be to	38208
serve students who are on suspension, who are having truancy	38209
problems, who are experiencing academic failure, who have a	38210
history of class disruption, who are exhibiting other academic or	38211
behavioral problems specified in the resolution, or who have been	38212
discharged or released from the custody of the department of youth	38213
services under section 5139.51 of the Revised Code;	38214

(2) The grades served by the school, which may include any of	38215
grades kindergarten through twelve;	38216

(3) A requirement that the school be operated in accordance	38217
with this section. The board of education adopting the resolution	38218
under division (A) of this section shall be the governing board of	38219
the alternative school. The board shall develop and implement a	38220
plan for the school in accordance with the resolution establishing	38221
the school and in accordance with this section. Each plan shall	38222
include, but not necessarily be limited to, all of the following:	38223

(a) Specification of the reasons for which students will be	38224
accepted for assignment to the school and any criteria for	38225
admission that are to be used by the board to approve or	38226
disapprove the assignment of students to the school;	38227

(b) Specification of the criteria and procedures that will be	38228
used for returning students who have been assigned to the school	38229
back to the regular education program of the district;	38230

(c) An evaluation plan for assessing the effectiveness of the	38231
school and its educational program and reporting the results of	38232
the evaluation to the public.	38233

(B) Notwithstanding any provision of Title XXXIII of the	38234
Revised Code to the contrary, the alternative school plan may	38235
include any of the following:	38236

(1) A requirement that on each school day students must	38237
attend school or participate in other programs specified in the	38238
plan or by the chief administrative officer of the school for a	38239
period equal to the minimum school day set by the ~~state~~ board of	38240
education under section 3313.48 of the Revised Code plus any	38241
additional time required in the plan or by the chief	38242
administrative officer;	38243

(2) Restrictions on student participation in extracurricular	38244
or interscholastic activities;	38245

(3) A requirement that students wear uniforms prescribed by	38246
the district board of education.	38247

(C) In accordance with the alternative school plan, the	38248
district board of education may employ teachers and nonteaching	38249
employees necessary to carry out its duties and fulfill its	38250
responsibilities or may contract with a nonprofit or for profit	38251
entity to operate the alternative school, including the provision	38252
of personnel, supplies, equipment, or facilities.	38253

(D) An alternative school may be established in all or part	38254
of a school building.	38255

(E) If a district board of education elects under this	38256
section, or is required by section 3313.534 of the Revised Code,	38257
to establish an alternative school, the district board may join	38258
with the board of education of one or more other districts to form	38259
a joint alternative school by forming a cooperative education	38260
school district under section 3311.52 or 3311.521 of the Revised	38261
Code, or a joint educational program under section 3313.842 of the	38262
Revised Code. The authority to employ personnel or to contract	38263
with a nonprofit or for profit entity under division (C) of this	38264
section applies to any alternative school program established	38265
under this division.	38266

(F) Any individual employed as a teacher at an alternative	38267
school operated by a nonprofit or for profit entity under this	38268
section shall be licensed and shall be subject to background	38269
checks, as described in section 3319.39 of the Revised Code, in	38270
the same manner as an individual employed by a school district.	38271

(G) Division (G) of this section applies only to any	38272
alternative school that is operated by a nonprofit or for profit	38273
entity under contract with the school district.	38274

(1) In addition to the specifications authorized under	38275
division (B) of this section, any plan adopted under that division	38276
for an alternative school to which division (G) of this section	38277
also applies shall include the following:	38278

(a) A description of the educational program provided at the	38279
alternative school, which shall include:	38280

(i) Provisions for the school to be configured in clusters or	38281
small learning communities;	38282

(ii) Provisions for the incorporation of education technology	38283
into the curriculum;	38284

(iii) Provisions for accelerated learning programs in reading	38285
and mathematics.	38286

(b) A method to determine the reading and mathematics level	38287
of each student assigned to the alternative school and a method to	38288
continuously monitor each student's progress in those areas. The	38289
methods employed under this division shall be aligned with the	38290
curriculum adopted by the school district board of education under	38291
section 3313.60 of the Revised Code.	38292

(c) A plan for social services to be provided at the	38293
alternative school, such as, but not limited to, counseling	38294
services, psychological support services, and enrichment programs;	38295

(d) A plan for a student's transition from the alternative	38296
school back to a school operated by the school district;	38297

(e) A requirement that the alternative school maintain	38298
financial records in a manner that is compatible with the form	38299
prescribed for school districts by the auditor of state to enable	38300
the district to comply with any rules adopted by the auditor of	38301
state.	38302

(2) Notwithstanding division (A)(2) of this section, any	38303
alternative school to which division (G) of this section applies	38304
shall include only grades six through twelve.	38305

(3) Notwithstanding anything in division (A)(3)(a) of this	38306
section to the contrary, the characteristics of students who may	38307
be assigned to an alternative school to which division (G) of this	38308
section applies shall include only disruptive and low-performing	38309
students.	38310

(H) When any district board of education determines to	38311
contract with a nonprofit or for profit entity to operate an	38312
alternative school under this section, the board shall use the	38313
procedure set forth in this division.	38314

(1) The board shall publish notice of a request for proposals	38315
in a newspaper of general circulation in the district once each	38316
week for a period of two consecutive weeks, or as provided in	38317
section 7.16 of the Revised Code, prior to the date specified by	38318
the board for receiving proposals. Notices of requests for	38319
proposals shall contain a general description of the subject of	38320
the proposed contract and the location where the request for	38321
proposals may be obtained. The request for proposals shall include	38322
all of the following information:	38323

(a) Instructions and information to respondents concerning	38324
the submission of proposals, including the name and address of the	38325
office where proposals are to be submitted;	38326

(b) Instructions regarding communications, including at least	38327
the names, titles, and telephone numbers of persons to whom	38328
questions concerning a proposal may be directed;	38329

(c) A description of the performance criteria that will be	38330
used to evaluate whether a respondent to which a contract is	38331
awarded is meeting the district's educational standards or the	38332
method by which such performance criteria will be determined;	38333

(d) Factors and criteria to be considered in evaluating	38334
proposals, the relative importance of each factor or criterion,	38335
and a description of the evaluation procedures to be followed;	38336

(e) Any terms or conditions of the proposed contract,	38337
including any requirement for a bond and the amount of such bond;	38338

(f) Documents that may be incorporated by reference into the	38339
request for proposals, provided that the request for proposals	38340
specifies where such documents may be obtained and that such	38341
documents are readily available to all interested parties.	38342

(2) After the date specified for receiving proposals, the	38343
board shall evaluate the submitted proposals and may hold	38344
discussions with any respondent to ensure a complete understanding	38345
of the proposal and the qualifications of such respondent to	38346
execute the proposed contract. Such qualifications shall include,	38347
but are not limited to, all of the following:	38348

(a) Demonstrated competence in performance of the required	38349
services as indicated by effective implementation of educational	38350
programs in reading and mathematics and at least three years of	38351
experience successfully serving a student population similar to	38352
the student population assigned to the alternative school;	38353

(b) Demonstrated performance in the areas of cost	38354
containment, the provision of educational services of a high	38355
quality, and any other areas determined by the board;	38356

(c) Whether the respondent has the resources to undertake the	38357
operation of the alternative school and to provide qualified	38358
personnel to staff the school;	38359

(d) Financial responsibility.

38360

(3) The board shall select for further review at least three	38361
proposals from respondents the board considers qualified to	38362
operate the alternative school in the best interests of the	38363
students and the district. If fewer than three proposals are	38364
submitted, the board shall select each proposal submitted. The	38365
board may cancel a request for proposals or reject all proposals	38366
at any time prior to the execution of a contract.	38367

The board may hold discussions with any of the three selected	38368
respondents to clarify or revise the provisions of a proposal or	38369
the proposed contract to ensure complete understanding between the	38370
board and the respondent of the terms under which a contract will	38371
be entered. Respondents shall be accorded fair and equal treatment	38372
with respect to any opportunity for discussion regarding	38373
clarifications or revisions. The board may terminate or	38374
discontinue any further discussion with a respondent upon written	38375
notice.	38376

(4) Upon further review of the three proposals selected by	38377
the board, the board shall award a contract to the respondent the	38378
board considers to have the most merit, taking into consideration	38379
the scope, complexity, and nature of the services to be performed	38380
by the respondent under the contract.	38381

(5) Except as provided in division (H)(6) of this section,	38382
the request for proposals, submitted proposals, and related	38383
documents shall become public records under section 149.43 of the	38384
Revised Code after the award of the contract.	38385

(6) Any respondent may request in writing that the board not	38386
disclose confidential or proprietary information or trade secrets	38387
contained in the proposal submitted by the respondent to the	38388
board. Any such request shall be accompanied by an offer of	38389
indemnification from the respondent to the board. The board shall	38390
determine whether to agree to the request and shall inform the	38391
respondent in writing of its decision. If the board agrees to	38392
nondisclosure of specified information in a proposal, such	38393
information shall not become a public record under section 149.43	38394
of the Revised Code. If the respondent withdraws its proposal at	38395
any time prior to the execution of a contract, the proposal shall	38396
not be a public record under section 149.43 of the Revised Code.	38397

(I) Upon a recommendation from the department and in	38398
accordance with section 3301.16 of the Revised Code, the state	38399
board of education may revoke the charter of any alternative	38400
school operated by a school district that violates this section.	38401

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

38402

"Physician" means a person authorized under Chapter 4731. of	38403
the Revised Code to practice medicine and surgery or osteopathic	38404
medicine and surgery.	38405

"Chiropractor" means a person licensed under Chapter 4734. of	38406
the Revised Code to practice chiropractic.	38407

(B) No school district board of education or governing	38408
authority of a chartered or nonchartered nonpublic school shall	38409
permit a student to practice for or compete in interscholastic	38410
athletics until the student has submitted, to a school official	38411
designated by the board or governing authority, a form signed by	38412
the parent, guardian, or other person having care or charge of the	38413
student stating that the student and the parent, guardian, or	38414
other person having care or charge of the student have received	38415
the concussion and head injury information sheet required by	38416
section 3707.52 of the Revised Code. A completed form shall be	38417
submitted each school year, as defined in section 3313.62 of the	38418
Revised Code, for each sport or other category of interscholastic	38419
athletics for or in which the student practices or competes.	38420

(C)(1) No school district board of education or governing	38421
authority of a chartered or nonchartered nonpublic school shall	38422
permit an individual to coach interscholastic athletics unless the	38423
individual holds a pupil-activity program permit issued under	38424
section 3319.303 of the Revised Code for coaching interscholastic	38425
athletics.	38426

(2) No school district board of education or governing	38427
authority of a chartered or nonchartered nonpublic school shall	38428
permit an individual to referee interscholastic athletics unless	38429
the individual holds a pupil-activity program permit issued under	38430
section 3319.303 of the Revised Code for coaching interscholastic	38431
athletics or presents evidence that the individual has	38432
successfully completed, within the previous three years, a	38433
training program in recognizing the symptoms of concussions and	38434
head injuries to which the department of health has provided a	38435
link on its internet web site under section 3707.52 of the Revised	38436
Code or a training program authorized and required by an	38437
organization that regulates interscholastic conferences or events.	38438

(D) If a student practicing for or competing in an	38439
interscholastic athletic event exhibits signs, symptoms, or	38440
behaviors consistent with having sustained a concussion or head	38441
injury while participating in the practice or competition, the	38442
student shall be removed from the practice or competition by	38443
either of the following:	38444

(1) The individual who is serving as the student's coach	38445
during that practice or competition;	38446

(2) An individual who is serving as a referee during that	38447
practice or competition.	38448

(E)(1) If a student is removed from practice or competition	38449
under division (D) of this section, the coach or referee who	38450
removed the student shall not allow the student, on the same day	38451
the student is removed, to return to that practice or competition	38452
or to participate in any other practice or competition for which	38453
the coach or referee is responsible. Thereafter, the coach or	38454
referee shall not allow the student to return to that practice or	38455
competition or to participate in any other practice or competition	38456
for which the coach or referee is responsible until both of the	38457
following conditions are satisfied:	38458

(a) The student's condition is assessed by ~~either~~any of the	38459
following:	38460

(i) A physician;

38461

(ii) A chiropractor;

38462

(iii) Any other licensed health care provider the school	38463
district board of education or governing authority of the	38464
chartered or nonchartered nonpublic school, pursuant to division	38465
(E)(2) of this section, authorizes to assess a student who has	38466
been removed from practice or competition under division (D) of	38467
this section.	38468

(b) The student receives written clearance that it is safe	38469
for the student to return to practice or competition from a	38470
physician, chiropractor, or ~~from~~ another licensed health care	38471
provider authorized pursuant to division (E)(2) of this section to	38472
grant the clearance.	38473

(2) A school district board of education or governing	38474
authority of a chartered or nonchartered nonpublic school may	38475
authorize a licensed health care provider who is not a physician	38476
or a chiropractor to make an assessment or grant a clearance for	38477
purposes of division (E)(1) of this section only if the provider	38478
is acting in accordance with one of the following, as applicable	38479
to the provider's authority to practice in this state:	38480

(a) In consultation with a physician;

38481

(b) Pursuant to the referral of a physician;

38482

38483

(d) Under the supervision of a physician.

38484

(3) A physician, chiropractor, or other licensed health care	38485
provider who makes an assessment or grants a clearance for	38486
purposes of division (E)(1) of this section may be a volunteer.	38487

(F) A school district board of education or governing	38488
authority of a chartered or nonchartered nonpublic school that is	38489
subject to the rules of an interscholastic conference or an	38490
organization that regulates interscholastic conferences or events	38491
shall be considered to be in compliance with divisions (B), (D),	38492
and (E) of this section, as long as the requirements of those	38493
rules are substantially similar to the requirements of divisions	38494
(B), (D), and (E) of this section.	38495

(G)(1) A school district, member of a school district board	38496
of education, or school district employee or volunteer, including	38497
a coach or referee, is not liable in damages in a civil action for	38498
injury, death, or loss to person or property allegedly arising	38499
from providing services or performing duties under this section,	38500
unless the act or omission constitutes willful or wanton	38501
misconduct.	38502

This section does not eliminate, limit, or reduce any other	38503
immunity or defense that a school district, member of a school	38504
district board of education, or school district employee or	38505
volunteer, including a coach or referee, may be entitled to under	38506
Chapter 2744. or any other provision of the Revised Code or under	38507
the common law of this state.	38508

(2) A chartered or nonchartered nonpublic school or any	38509
officer, director, employee, or volunteer of the school, including	38510
a coach or referee, is not liable in damages in a civil action for	38511
injury, death, or loss to person or property allegedly arising	38512
from providing services or performing duties under this section,	38513
unless the act or omission constitutes willful or wanton	38514
misconduct.	38515

Sec. 3313.5311. (A) As used in this section and in section	38516
3313.5312 of the Revised Code, "extracurricular activity" has the	38517
same meaning as in section 3313.537 of the Revised Code.	38518

(B) If the nonpublic school in which the student is enrolled	38519
does not offer the extracurricular activity, a student enrolled in	38520
a chartered or nonchartered nonpublic school shall be afforded, by	38521
the superintendent of the school district in which the student is	38522
entitled to attend school under section 3313.64 or 3313.65 of the	38523
Revised Code, the opportunity to participate in that	38524
extracurricular activity at the district school to which the	38525
student otherwise would be assigned during that school year. If	38526
more than one school operated by the school district serves the	38527
student's grade level, as determined by the district	38528
superintendent based on the student's age and academic	38529
performance, the student shall be afforded the opportunity to	38530
participate in that extracurricular activity at the school to	38531
which the student would be assigned by the superintendent under	38532
section 3319.01 of the Revised Code.	38533

(C) The superintendent of any school district may afford any	38534
student enrolled in a nonpublic school, and who is not entitled to	38535
attend school in the district under section 3313.64 or 3313.65 of	38536
the Revised Code, the opportunity to participate in an	38537
extracurricular activity offered by a school of the district, if	38538
both of the following apply:	38539

(1) The nonpublic school in which the student is enrolled	38540
does not offer the extracurricular activity;	38541

(2) The extracurricular activity is not interscholastic	38542
athletics or interscholastic contests or competition in music,	38543
drama, or forensics.	38544

(D) In order to participate in an extracurricular activity	38545
under this section, the student shall be of the appropriate age	38546
and grade level, as determined by the superintendent of the	38547
district, for the school that offers the extracurricular activity,	38548
and shall fulfill the same academic, nonacademic, and financial	38549
requirements as any other participant.	38550

(E) No school district shall impose additional rules on a	38551
student to participate under this section that do not apply to	38552
other students participating in the same extracurricular activity.	38553
No district shall impose additional fees for a student to	38554
participate under this section that exceed any fees charged to	38555
other students participating in the same extracurricular activity.	38556

(F) No school district, interscholastic conference, or	38557
organization that regulates interscholastic conferences or events	38558
shall require a student who is eligible to participate in	38559
interscholastic extracurricular activities under this section to	38560
meet eligibility requirements that conflict with this section.	38561

Sec. 3313.5312. (A) A student who is receiving home	38562
instruction in accordance with division (A)(2) of section 3321.04	38563
of the Revised Code shall be afforded, by the superintendent of	38564
the school district in which the student is entitled to attend	38565
school under section 3313.64 or 3313.65 of the Revised Code, the	38566
opportunity to participate in any extracurricular activity offered	38567
at the district school to which the student otherwise would be	38568
assigned during that school year. If more than one school operated	38569
by the school district serves the student's grade level, as	38570
determined by the district superintendent based on the student's	38571
age and academic performance, the student shall be afforded the	38572
opportunity to participate in extracurricular activities at the	38573
school to which the student would be assigned by the	38574
superintendent under section 3319.01 of the Revised Code. If a	38575
student who is afforded the opportunity to participate in	38576
extracurricular activities under division (A) of this section	38577
wishes to participate in an activity that is offered by the	38578
district, the student shall not participate in that activity at	38579
another school or school district to which the student is not	38580
entitled to attend.	38581

(B) The superintendent of any school district may afford any	38582
student who receives home instruction under division (A)(2) of	38583
section 3321.04 of the Revised Code, and who is not entitled to	38584
attend school in the district under section 3313.64 or 3313.65 of	38585
the Revised Code, the opportunity to participate in any	38586
extracurricular activity offered by a school of the district, if	38587
the district to which the student is entitled to attend does not	38588
offer that extracurricular activity.	38589

(C) In order to participate in an extracurricular activity	38590
under this section, the student shall be of the appropriate age	38591
and grade level, as determined by the superintendent of the	38592
district, for the school that offers the extracurricular activity,	38593
shall fulfill the same nonacademic and financial requirements as	38594
any other participant, and shall fulfill either of the following	38595
academic requirements:	38596

(1) If the student received home instruction in the preceding	38597
grading period, the student shall meet any academic requirements	38598
established by the state board of education for the continuation	38599
of home instruction.	38600

(2) If the student did not receive home instruction in the	38601
preceding grading period, the student's academic performance	38602
during the preceding grading period shall have met any academic	38603
standards for eligibility to participate in the program	38604
established by the school district.	38605

(D) Eligibility for a student who leaves a school district	38606
mid-year for home instruction shall be determined based on an	38607
interim academic assessment issued by the district in which the	38608
student was enrolled based on the student's work while enrolled in	38609
that district.	38610

(E) Any student who commences home instruction after the	38611
beginning of a school year and who is, at the time home	38612
instruction commences, ineligible to participate in an	38613
extracurricular activity due to failure to meet academic standards	38614
or any other requirements of the district shall not participate in	38615
the extracurricular activity under this section until the student	38616
meets the academic requirements established by the state board of	38617
education for continuation of home instruction as verified by the	38618
superintendent of the district. No student under this section	38619
shall be eligible to participate in the same semester in which the	38620
student was determined ineligible.	38621

(F) No school district shall impose additional rules on a	38622
student to participate under this section that do not apply to	38623
other students participating in the same extracurricular activity.	38624
No district shall impose fees for a student to participate under	38625
this section that exceed any fees charged to other students	38626
participating in the same extracurricular activity.	38627

(G) No school district, interscholastic conference, or	38628
organization that regulates interscholastic conferences or events	38629
shall require a student who is eligible to participate in	38630
interscholastic extracurricular activities under this section to	38631
meet eligibility requirements that conflict with this section.	38632

Sec. 3313.603. (A) As used in this section:

38633

(1) "One unit" means a minimum of one hundred twenty hours of	38634
course instruction, except that for a laboratory course, "one	38635
unit" means a minimum of one hundred fifty hours of course	38636
instruction.	38637

(2) "One-half unit" means a minimum of sixty hours of course	38638
instruction, except that for physical education courses, "one-half	38639
unit" means a minimum of one hundred twenty hours of course	38640
instruction.	38641

(B) Beginning September 15, 2001, except as required in	38642
division (C) of this section and division (C) of section 3313.614	38643
of the Revised Code, the requirements for graduation from every	38644
high school shall include twenty units earned in grades nine	38645
through twelve and shall be distributed as follows:	38646

(1) English language arts, four units;

38647

(2) Health, one-half unit;

38648

(3) Mathematics, three units;

38649

(4) Physical education, one-half unit;

38650

(5) Science, two units until September 15, 2003, and three	38651
units thereafter, which at all times shall include both of the	38652
following:	38653

(a) Biological sciences, one unit;

38654

(b) Physical sciences, one unit.

38655

(6) History and government, one unit, which shall comply with	38656
division (M) of this section and shall include both of the	38657
following:	38658

(a) American history, one-half unit;

38659

(b) American government, one-half unit.

38660

(7) Social studies, two units.

38661

(8) Elective units, seven units until September 15, 2003, and	38662
six units thereafter.	38663

Each student's electives shall include at least one unit, or	38664
two half units, chosen from among the areas of	38665
business/technology, fine arts, and/or foreign language.	38666

(C) Beginning with students who enter ninth grade for the	38667
first time on or after July 1, 2010, except as provided in	38668
divisions (D) to (F) of this section, the requirements for	38669
graduation from every public and chartered nonpublic high school	38670
shall include twenty units that are designed to prepare students	38671
for the workforce and college. The units shall be distributed as	38672
follows:	38673

(1) English language arts, four units;

38674

(2) Health, one-half unit, which shall include instruction in	38675
nutrition and the benefits of nutritious foods and physical	38676
activity for overall health;	38677

(3) Mathematics, four units, which shall include one unit of	38678
algebra II or the equivalent of algebra II;	38679

(4) Physical education, one-half unit;

38680

(5) Science, three units with inquiry-based laboratory	38681
experience that engages students in asking valid scientific	38682
questions and gathering and analyzing information, which shall	38683
include the following, or their equivalent:	38684

(a) Physical sciences, one unit;

38685

(b) Life sciences, one unit;

38686

(c) Advanced study in one or more of the following sciences,	38687
one unit:	38688

(i) Chemistry, physics, or other physical science;

38689

(ii) Advanced biology or other life science;

38690

(iii) Astronomy, physical geology, or other earth or space	38691
science.	38692

(6) History and government, one unit, which shall comply with	38693
division (M) of this section and shall include both of the	38694
following:	38695

(a) American history, one-half unit;

38696

(b) American government, one-half unit.

38697

(7) Social studies, two units.

38698

Each school shall integrate the study of economics and	38699
financial literacy, as expressed in the social studies academic	38700
content standards adopted by the state board of education under	38701
division (A)(1) of section 3301.079 of the Revised Code and the	38702
academic content standards for financial literacy and	38703
entrepreneurship adopted under division (A)(2) of that section,	38704
into one or more existing social studies credits required under	38705
division (C)(7) of this section, or into the content of another	38706
class, so that every high school student receives instruction in	38707
those concepts. In developing the curriculum required by this	38708
paragraph, schools shall use available public-private partnerships	38709
and resources and materials that exist in business, industry, and	38710
through the centers for economics education at institutions of	38711
higher education in the state.	38712

(8) Five units consisting of one or any combination of	38713
foreign language, fine arts, business, career-technical education,	38714
family and consumer sciences, technology, agricultural education,	38715
a junior reserve officer training corps (JROTC) program approved	38716
by the congress of the United States under title 10 of the United	38717
States Code, or English language arts, mathematics, science, or	38718
social studies courses not otherwise required under division (C)	38719
of this section.	38720

Ohioans must be prepared to apply increased knowledge and	38721
skills in the workplace and to adapt their knowledge and skills	38722
quickly to meet the rapidly changing conditions of the	38723
twenty-first century. National studies indicate that all high	38724
school graduates need the same academic foundation, regardless of	38725
the opportunities they pursue after graduation. The goal of Ohio's	38726
system of elementary and secondary education is to prepare all	38727
students for and seamlessly connect all students to success in	38728
life beyond high school graduation, regardless of whether the next	38729
step is entering the workforce, beginning an apprenticeship,	38730
engaging in post-secondary training, serving in the military, or	38731
pursuing a college degree.	38732

The Ohio core curriculum is the standard expectation for all	38733
students entering ninth grade for the first time at a public or	38734
chartered nonpublic high school on or after July 1, 2010. A	38735
student may satisfy this expectation through a variety of methods,	38736
including, but not limited to, integrated, applied,	38737
career-technical, and traditional coursework.	38738

Whereas teacher quality is essential for student success in	38739
completing the Ohio core curriculum, the general assembly shall	38740
appropriate funds for strategic initiatives designed to strengthen	38741
schools' capacities to hire and retain highly qualified teachers	38742
in the subject areas required by the curriculum. Such initiatives	38743
are expected to require an investment of $120,000,000 over five	38744
years.	38745

Stronger coordination between high schools and institutions	38746
of higher education is necessary to prepare students for more	38747
challenging academic endeavors and to lessen the need for academic	38748
remediation in college, thereby reducing the costs of higher	38749
education for Ohio's students, families, and the state. The state	38750
board and the chancellor of the Ohio board of regents shall	38751
develop policies to ensure that only in rare instances will	38752
students who complete the Ohio core curriculum require academic	38753
remediation after high school.	38754

School districts, community schools, and chartered nonpublic	38755
schools shall integrate technology into learning experiences	38756
across the curriculum in order to maximize efficiency, enhance	38757
learning, and prepare students for success in the	38758
technology-driven twenty-first century. Districts and schools	38759
shall use distance and web-based course delivery as a method of	38760
providing or augmenting all instruction required under this	38761
division, including laboratory experience in science. Districts	38762
and schools shall utilize technology access and electronic	38763
learning opportunities provided by the ~~eTech Ohio commission~~	38764
chancellor, the Ohio learning network, education technology	38765
centers, public television stations, and other public and private	38766
providers.	38767

(D) Except as provided in division (E) of this section, a	38768
student who enters ninth grade on or after July 1, 2010, and	38769
before July 1, 2014, may qualify for graduation from a public or	38770
chartered nonpublic high school even though the student has not	38771
completed the Ohio core curriculum prescribed in division (C) of	38772
this section if all of the following conditions are satisfied:	38773

(1) After the student has attended high school for two years,	38774
as determined by the school, the student and the student's parent,	38775
guardian, or custodian sign and file with the school a written	38776
statement asserting the parent's, guardian's, or custodian's	38777
consent to the student's graduating without completing the Ohio	38778
core curriculum and acknowledging that one consequence of not	38779
completing the Ohio core curriculum is ineligibility to enroll in	38780
most state universities in Ohio without further coursework.	38781

(2) The student and parent, guardian, or custodian fulfill	38782
any procedural requirements the school stipulates to ensure the	38783
student's and parent's, guardian's, or custodian's informed	38784
consent and to facilitate orderly filing of statements under	38785
division (D)(1) of this section.	38786

(3) The student and the student's parent, guardian, or	38787
custodian and a representative of the student's high school	38788
jointly develop an individual career plan for the student that	38789
specifies the student matriculating to a two-year degree program,	38790
acquiring a business and industry credential, or entering an	38791
apprenticeship.	38792

(4) The student's high school provides counseling and support	38793
for the student related to the plan developed under division	38794
(D)(3) of this section during the remainder of the student's high	38795
school experience.	38796

(5) The student successfully completes, at a minimum, the	38797
curriculum prescribed in division (B) of this section.	38798

The department of education, in collaboration with the	38799
chancellor, shall analyze student performance data to determine if	38800
there are mitigating factors that warrant extending the exception	38801
permitted by division (D) of this section to high school classes	38802
beyond those entering ninth grade before July 1, 2014. The	38803
department shall submit its findings and any recommendations not	38804
later than August 1, 2014, to the speaker and minority leader of	38805
the house of representatives, the president and minority leader of	38806
the senate, the chairpersons and ranking minority members of the	38807
standing committees of the house of representatives and the senate	38808
that consider education legislation, the state board of education,	38809
and the superintendent of public instruction.	38810

(E) Each school district and chartered nonpublic school	38811
retains the authority to require an even more rigorous minimum	38812
curriculum for high school graduation than specified in division	38813
(B) or (C) of this section. A school district board of education,	38814
through the adoption of a resolution, or the governing authority	38815
of a chartered nonpublic school may stipulate any of the	38816
following:	38817

(1) A minimum high school curriculum that requires more than	38818
twenty units of academic credit to graduate;	38819

(2) An exception to the district's or school's minimum high	38820
school curriculum that is comparable to the exception provided in	38821
division (D) of this section but with additional requirements,	38822
which may include a requirement that the student successfully	38823
complete more than the minimum curriculum prescribed in division	38824
(B) of this section;	38825

(3) That no exception comparable to that provided in division	38826
(D) of this section is available.	38827

(F) A student enrolled in a dropout prevention and recovery	38828
program, which program has received a waiver from the department,	38829
may qualify for graduation from high school by successfully	38830
completing a competency-based instructional program administered	38831
by the dropout prevention and recovery program in lieu of	38832
completing the Ohio core curriculum prescribed in division (C) of	38833
this section. The department shall grant a waiver to a dropout	38834
prevention and recovery program, within sixty days after the	38835
program applies for the waiver, if the program meets all of the	38836
following conditions:	38837

(1) The program serves only students not younger than sixteen	38838
years of age and not older than twenty-one years of age.	38839

(2) The program enrolls students who, at the time of their	38840
initial enrollment, either, or both, are at least one grade level	38841
behind their cohort age groups or experience crises that	38842
significantly interfere with their academic progress such that	38843
they are prevented from continuing their traditional programs.	38844

(3) The program requires students to attain at least the	38845
applicable score designated for each of the assessments prescribed	38846
under division (B)(1) of section 3301.0710 of the Revised Code or,	38847
to the extent prescribed by rule of the state board under division	38848
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	38849
of that section.	38850

(4) The program develops an individual career plan for the	38851
student that specifies the student's matriculating to a two-year	38852
degree program, acquiring a business and industry credential, or	38853
entering an apprenticeship.	38854

(5) The program provides counseling and support for the	38855
student related to the plan developed under division (F)(4) of	38856
this section during the remainder of the student's high school	38857
experience.	38858

(6) The program requires the student and the student's	38859
parent, guardian, or custodian to sign and file, in accordance	38860
with procedural requirements stipulated by the program, a written	38861
statement asserting the parent's, guardian's, or custodian's	38862
consent to the student's graduating without completing the Ohio	38863
core curriculum and acknowledging that one consequence of not	38864
completing the Ohio core curriculum is ineligibility to enroll in	38865
most state universities in Ohio without further coursework.	38866

(7) Prior to receiving the waiver, the program has submitted	38867
to the department an instructional plan that demonstrates how the	38868
academic content standards adopted by the state board under	38869
section 3301.079 of the Revised Code will be taught and assessed.	38870

If the department does not act either to grant the waiver or	38871
to reject the program application for the waiver within sixty days	38872
as required under this section, the waiver shall be considered to	38873
be granted.	38874

(G) Every high school may permit students below the ninth	38875
grade to take advanced work. If a high school so permits, it shall	38876
award high school credit for successful completion of the advanced	38877
work and shall count such advanced work toward the graduation	38878
requirements of division (B) or (C) of this section if the	38879
advanced work was both:	38880

(1) Taught by a person who possesses a license or certificate	38881
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	38882
Code that is valid for teaching high school;	38883

(2) Designated by the board of education of the city, local,	38884
or exempted village school district, the board of the cooperative	38885
education school district, or the governing authority of the	38886
chartered nonpublic school as meeting the high school curriculum	38887
requirements.	38888

Each high school shall record on the student's high school	38889
transcript all high school credit awarded under division (G) of	38890
this section. In addition, if the student completed a seventh- or	38891
eighth-grade fine arts course described in division (K) of this	38892
section and the course qualified for high school credit under that	38893
division, the high school shall record that course on the	38894
student's high school transcript.	38895

(H) The department shall make its individual academic career	38896
plan available through its Ohio career information system web site	38897
for districts and schools to use as a tool for communicating with	38898
and providing guidance to students and families in selecting high	38899
school courses.	38900

(I) Units earned in English language arts, mathematics,	38901
science, and social studies that are delivered through integrated	38902
academic and career-technical instruction are eligible to meet the	38903
graduation requirements of division (B) or (C) of this section.	38904

(J) The state board, in consultation with the chancellor,	38905
shall adopt a statewide plan implementing methods for students to	38906
earn units of high school credit based on a demonstration of	38907
subject area competency, instead of or in combination with	38908
completing hours of classroom instruction. The state board shall	38909
adopt the plan not later than March 31, 2009, and commence phasing	38910
in the plan during the 2009-2010 school year. The plan shall	38911
include a standard method for recording demonstrated proficiency	38912
on high school transcripts. Each school district and community	38913
school shall comply with the state board's plan adopted under this	38914
division and award units of high school credit in accordance with	38915
the plan. The state board may adopt existing methods for earning	38916
high school credit based on a demonstration of subject area	38917
competency as necessary prior to the 2009-2010 school year.	38918

(K) This division does not apply to students who qualify for	38919
graduation from high school under division (D) or (F) of this	38920
section, or to students pursuing a career-technical instructional	38921
track as determined by the school district board of education or	38922
the chartered nonpublic school's governing authority.	38923
Nevertheless, the general assembly encourages such students to	38924
consider enrolling in a fine arts course as an elective.	38925

Beginning with students who enter ninth grade for the first	38926
time on or after July 1, 2010, each student enrolled in a public	38927
or chartered nonpublic high school shall complete two semesters or	38928
the equivalent of fine arts to graduate from high school. The	38929
coursework may be completed in any of grades seven to twelve. Each	38930
student who completes a fine arts course in grade seven or eight	38931
may elect to count that course toward the five units of electives	38932
required for graduation under division (C)(8) of this section, if	38933
the course satisfied the requirements of division (G) of this	38934
section. In that case, the high school shall award the student	38935
high school credit for the course and count the course toward the	38936
five units required under division (C)(8) of this section. If the	38937
course in grade seven or eight did not satisfy the requirements of	38938
division (G) of this section, the high school shall not award the	38939
student high school credit for the course but shall count the	38940
course toward the two semesters or the equivalent of fine arts	38941
required by this division.	38942

(L) Notwithstanding anything to the contrary in this section,	38943
the board of education of each school district and the governing	38944
authority of each chartered nonpublic school may adopt a policy to	38945
excuse from the high school physical education requirement each	38946
student who, during high school, has participated in	38947
interscholastic athletics, marching band, or cheerleading for at	38948
least two full seasons or in the junior reserve officer training	38949
corps for at least two full school years. If the board or	38950
authority adopts such a policy, the board or authority shall not	38951
require the student to complete any physical education course as a	38952
condition to graduate. However, the student shall be required to	38953
complete one-half unit, consisting of at least sixty hours of	38954
instruction, in another course of study. In the case of a student	38955
who has participated in the junior reserve officer training corps	38956
for at least two full school years, credit received for that	38957
participation may be used to satisfy the requirement to complete	38958
one-half unit in another course of study.	38959

(M) It is important that high school students learn and	38960
understand United States history and the governments of both the	38961
United States and the state of Ohio. Therefore, beginning with	38962
students who enter ninth grade for the first time on or after July	38963
1, 2012, the study of American history and American government	38964
required by divisions (B)(6) and (C)(6) of this section shall	38965
include the study of all of the following documents:	38966

(1) The Declaration of Independence;

38967

(2) The Northwest Ordinance;

38968

(3) The Constitution of the United States with emphasis on	38969
the Bill of Rights;	38970

(4) The Ohio Constitution.

38971

The study of each of the documents prescribed in divisions	38972
(M)(1) to (4) of this section shall include study of that document	38973
in its original context.	38974

The study of American history and government required by	38975
divisions (B)(6) and (C)(6) of this section shall include the	38976
historical evidence of the role of documents such as the	38977
Federalist Papers and the Anti-Federalist Papers to firmly	38978
establish the historical background leading to the establishment	38979
of the provisions of the Constitution and Bill of Rights.	38980

Sec. 3313.6013. (A) As used in this section, "dual enrollment	38981
program" means a program that enables a student to earn credit	38982
toward a degree from an institution of higher education while	38983
enrolled in high school or that enables a student to complete	38984
coursework while enrolled in high school that may earn credit	38985
toward a degree from an institution of higher education upon the	38986
student's attainment of a specified score on an examination	38987
covering the coursework. Dual enrollment programs may include any	38988
of the following:	38989

(1) The post-secondary enrollment options program established	38990
under Chapter 3365. of the Revised Code;	38991

(2) Advanced placement courses;

38992

(3) Any similar program established pursuant to an agreement	38993
between a school district or chartered nonpublic high school and	38994
an institution of higher education;	38995

(4) Early college high schools.

38996

(B) Each city, local, exempted village, and joint vocational	38997
school district and each chartered nonpublic high school shall	38998
provide students enrolled in grades nine through twelve with the	38999
opportunity to participate in a dual enrollment program. For this	39000
purpose, each school district and chartered nonpublic high school	39001
shall offer at least one dual enrollment program in accordance	39002
with division (B)(1) or (2) of this section, as applicable.	39003

(1) A city, local, or exempted village school district meets	39004
the requirements of this division through its mandatory	39005
participation in the post-secondary enrollment options program	39006
established under Chapter 3365. of the Revised Code. However, a	39007
city, local, or exempted village school district may offer any	39008
other dual enrollment program, in addition to the post-secondary	39009
enrollment options program, and each joint vocational school	39010
district shall offer at least one other dual enrollment program,	39011
to students in good standing, as defined by the partnership for	39012
continued learning under section 3301.42 of the Revised Code as it	39013
existed prior to October 16, 2009, or as subsequently defined by	39014
the department of education.	39015

(2) A chartered nonpublic high school that elects to	39016
participate in the post-secondary enrollment options program	39017
established under Chapter 3365. of the Revised Code meets the	39018
requirements of this division. Each chartered nonpublic high	39019
school that elects not to participate in the post-secondary	39020
enrollment options program instead shall offer at least one other	39021
dual enrollment program to students in good standing, as defined	39022
by the partnership for continued learning under section 3301.42 of	39023
the Revised Code as it existed prior to October 16, 2009, or as	39024
subsequently defined by the department of education.	39025

(C) Each school district and each chartered nonpublic high	39026
school shall provide information about the dual enrollment	39027
programs offered by the district or school to all students	39028
enrolled in grades eight through eleven.	39029

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	39030
the department of education shall administer a pilot program	39031
requiring daily physical activity for students. Any school	39032
district; community school established under Chapter 3314. of the	39033
Revised Code; science, technology, engineering, and mathematics	39034
school established under Chapter 3326. of the Revised Code; or	39035
chartered nonpublic school annually may elect to participate in	39036
the pilot program by notifying the department of its interest by a	39037
date established by the department. If a school district elects to	39038
participate in the pilot program, ~~each school building operated by~~	39039
~~the district shall be required~~the district shall select one or	39040
more school buildings to participate in the program. To the	39041
maximum extent possible, the department shall seek to include in	39042
the pilot program districts and schools that are located in urban,	39043
suburban, and rural areas distributed geographically throughout	39044
the state. The department shall administer the pilot program in	39045
accordance with this section.	39046

(B) Except as provided in division (C) of this section, each	39047
district or school participating in the pilot program shall	39048
require all students in ~~each of grades kindergarten through twelve~~	39049
the school building selected under division (A) of this section to	39050
engage in at least thirty minutes of moderate to rigorous physical	39051
activity each school day or at least one hundred fifty minutes of	39052
moderate to rigorous physical activity each week, exclusive of	39053
recess. Physical activity engaged in during the following may	39054
count toward the daily requirement:	39055

(1) A physical education course;

39056

(2) A program or activity occurring before or after the	39057
regular school day, as defined in section 3313.814 of the Revised	39058
Code, that is sponsored or approved by the school of attendance,	39059
provided school officials are able to monitor students'	39060
participation to ensure compliance with the requirement.	39061

(C) None of the following shall be subject to the requirement	39062
of division (B) of this section:	39063

(1) Any student enrolled in the post-secondary enrollment	39064
options program established under Chapter 3365. of the Revised	39065
Code;	39066

(2) Any student enrolled in a career-technical education	39067
program operated by the district or school;	39068

(3) Any student enrolled in a dropout prevention and recovery	39069
program operated by the district or school.	39070

(D) For any period in which a student is participating in	39071
interscholastic athletics, marching band, cheerleading, or a	39072
junior reserve officer training corps program, the district or	39073
school may excuse the student from the requirement of division (B)	39074
of this section.	39075

(E) The district or school may excuse any kindergarten	39076
student who is not enrolled in all-day kindergarten, as defined in	39077
section 3321.05 of the Revised Code, from the requirement of	39078
division (B) of this section.	39079

(F) Each district or school annually shall report to the	39080
department, in the manner prescribed by the department, how the	39081
district or school implemented the thirty minutes of daily	39082
physical activity and the financial costs of implementation. The	39083
department shall issue an annual report of the data collected	39084
under this division.	39085

Sec. 3313.62. The school year shall begin on the first day	39086
of July of each calendar year and close on the thirtieth day of	39087
June of the succeeding calendar year. ~~A school week shall consist~~	39088
~~of five days, and a school month of four school weeks~~. A chartered	39089
nonpublic school may be open for instruction with pupils in	39090
attendance on any day of the week, including Saturday or Sunday.	39091

Sec. 3313.64. (A) As used in this section and in section	39092
3313.65 of the Revised Code:	39093

(1)(a) Except as provided in division (A)(1)(b) of this	39094
section, "parent" means either parent, unless the parents are	39095
separated or divorced or their marriage has been dissolved or	39096
annulled, in which case "parent" means the parent who is the	39097
residential parent and legal custodian of the child. When a child	39098
is in the legal custody of a government agency or a person other	39099
than the child's natural or adoptive parent, "parent" means the	39100
parent with residual parental rights, privileges, and	39101
responsibilities. When a child is in the permanent custody of a	39102
government agency or a person other than the child's natural or	39103
adoptive parent, "parent" means the parent who was divested of	39104
parental rights and responsibilities for the care of the child and	39105
the right to have the child live with the parent and be the legal	39106
custodian of the child and all residual parental rights,	39107
privileges, and responsibilities.	39108

(b) When a child is the subject of a power of attorney	39109
executed under sections 3109.51 to 3109.62 of the Revised Code,	39110
"parent" means the grandparent designated as attorney in fact	39111
under the power of attorney. When a child is the subject of a	39112
caretaker authorization affidavit executed under sections 3109.64	39113
to 3109.73 of the Revised Code, "parent" means the grandparent	39114
that executed the affidavit.	39115

(2) "Legal custody," "permanent custody," and "residual	39116
parental rights, privileges, and responsibilities" have the same	39117
meanings as in section 2151.011 of the Revised Code.	39118

(3) "School district" or "district" means a city, local, or	39119
exempted village school district and excludes any school operated	39120
in an institution maintained by the department of youth services.	39121

(4) Except as used in division (C)(2) of this section, "home"	39122
means a home, institution, foster home, group home, or other	39123
residential facility in this state that receives and cares for	39124
children, to which any of the following applies:	39125

(a) The home is licensed, certified, or approved for such	39126
purpose by the state or is maintained by the department of youth	39127
services.	39128

(b) The home is operated by a person who is licensed,	39129
certified, or approved by the state to operate the home for such	39130
purpose.	39131

(c) The home accepted the child through a placement by a	39132
person licensed, certified, or approved to place a child in such a	39133
home by the state.	39134

(d) The home is a children's home created under section	39135
5153.21 or 5153.36 of the Revised Code.	39136

(5) "Agency" means all of the following:

39137

(a) A public children services agency;

39138

(b) An organization that holds a certificate issued by the	39139
Ohio department of job and family services in accordance with the	39140
requirements of section 5103.03 of the Revised Code and assumes	39141
temporary or permanent custody of children through commitment,	39142
agreement, or surrender, and places children in family homes for	39143
the purpose of adoption;	39144

(c) Comparable agencies of other states or countries that	39145
have complied with applicable requirements of section 2151.39 of	39146
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	39147
5103.23 to 5103.237 of the Revised Code.	39148

(6) A child is placed for adoption if either of the following	39149
occurs:	39150

(a) An agency to which the child has been permanently	39151
committed or surrendered enters into an agreement with a person	39152
pursuant to section 5103.16 of the Revised Code for the care and	39153
adoption of the child.	39154

(b) The child's natural parent places the child pursuant to	39155
section 5103.16 of the Revised Code with a person who will care	39156
for and adopt the child.	39157

(7) "Preschool child with a disability" has the same meaning	39158
as in section 3323.01 of the Revised Code.	39159

(8) "Child," unless otherwise indicated, includes preschool	39160
children with disabilities.	39161

(9) "Active duty" means active duty pursuant to an executive	39162
order of the president of the United States, an act of the	39163
congress of the United States, or section 5919.29 or 5923.21 of	39164
the Revised Code.	39165

(B) Except as otherwise provided in section 3321.01 of the	39166
Revised Code for admittance to kindergarten and first grade, a	39167
child who is at least five but under twenty-two years of age and	39168
any preschool child with a disability shall be admitted to school	39169
as provided in this division.	39170

(1) A child shall be admitted to the schools of the school	39171
district in which the child's parent resides.	39172

(2) AExcept as provided in division (B) of section 2151.362	39173
and section 3317.30 of the Revised Code, a child who does not	39174
reside in the district where the child's parent resides shall be	39175
admitted to the schools of the district in which the child resides	39176
if any of the following applies:	39177

(a) The child is in the legal or permanent custody of a	39178
government agency or a person other than the child's natural or	39179
adoptive parent.	39180

(b) The child resides in a home.

39181

39182

(3) A child who is not entitled under division (B)(2) of this	39183
section to be admitted to the schools of the district where the	39184
child resides and who is residing with a resident of this state	39185
with whom the child has been placed for adoption shall be admitted	39186
to the schools of the district where the child resides unless	39187
either of the following applies:	39188

(a) The placement for adoption has been terminated.

39189

(b) Another school district is required to admit the child	39190
under division (B)(1) of this section.	39191

Division (B) of this section does not prohibit the board of	39192
education of a school district from placing a child with a	39193
disability who resides in the district in a special education	39194
program outside of the district or its schools in compliance with	39195
Chapter 3323. of the Revised Code.	39196

(C) A district shall not charge tuition for children admitted	39197
under division (B)(1) or (3) of this section. If the district	39198
admits a child under division (B)(2) of this section, tuition	39199
shall be paid to the district that admits the child as provided in	39200
divisions (C)(1) to (3) of this section, unless division (C)(4) of	39201
this section applies to the child:	39202

(1) If the child receives special education in accordance	39203
with Chapter 3323. of the Revised Code, the school district of	39204
residence, as defined in section 3323.01 of the Revised Code,	39205
shall pay tuition for the child in accordance with section	39206
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	39207
regardless of who has custody of the child or whether the child	39208
resides in a home.	39209

(2) For a child that does not receive special education in	39210
accordance with Chapter 3323. of the Revised Code, except as	39211
otherwise provided in division (C)(2)(d) of this section, if the	39212
child is in the permanent or legal custody of a government agency	39213
or person other than the child's parent, tuition shall be paid by:	39214

(a) The district in which the child's parent resided at the	39215
time the court removed the child from home or at the time the	39216
court vested legal or permanent custody of the child in the person	39217
or government agency, whichever occurred first;	39218

(b) If the parent's residence at the time the court removed	39219
the child from home or placed the child in the legal or permanent	39220
custody of the person or government agency is unknown, tuition	39221
shall be paid by the district in which the child resided at the	39222
time the child was removed from home or placed in legal or	39223
permanent custody, whichever occurred first;	39224

(c) If a school district cannot be established under division	39225
(C)(2)(a) or (b) of this section, tuition shall be paid by the	39226
district determined as required by section 2151.362 of the Revised	39227
Code by the court at the time it vests custody of the child in the	39228
person or government agency;	39229

(d) If at the time the court removed the child from home or	39230
vested legal or permanent custody of the child in the person or	39231
government agency, whichever occurred first, one parent was in a	39232
residential or correctional facility or a juvenile residential	39233
placement and the other parent, if living and not in such a	39234
facility or placement, was not known to reside in this state,	39235
tuition shall be paid by the district determined under division	39236
(D) of section 3313.65 of the Revised Code as the district	39237
required to pay any tuition while the parent was in such facility	39238
or placement;	39239

(e) If the department of education has determined, pursuant	39240
to division (A)(2) of section 2151.362 of the Revised Code, that a	39241
school district other than the one named in the court's initial	39242
order, or in a prior determination of the department, is	39243
responsible to bear the cost of educating the child, the district	39244
so determined shall be responsible for that cost.	39245

(3) If the child is not in the permanent or legal custody of	39246
a government agency or person other than the child's parent and	39247
the child resides in a home, tuition shall be paid by one of the	39248
following:	39249

(a) The school district in which the child's parent resides;

39250

(b) If the child's parent is not a resident of this state,	39251
the home in which the child resides.	39252

(4) Division (C)(4) of this section applies to any child who	39253
is admitted to a school district under division (B)(2) of this	39254
section, resides in a home that is not a foster home or, a home	39255
maintained by the department of youth services, a detention	39256
facility established under section 2152.41 of the Revised Code, or	39257
a juvenile facility established under section 2151.65 of the	39258
Revised Code, receives educational services at the home or	39259
facility in which the child resides pursuant to a contract between	39260
the home or facility and the school district providing those	39261
services, and does not receive special education.	39262

In the case of a child to which division (C)(4) of this	39263
section applies, the total educational cost to be paid for the	39264
child shall be determined by a formula approved by the department	39265
of education, which formula shall be designed to calculate a per	39266
diem cost for the educational services provided to the child for	39267
each day the child is served and shall reflect the total actual	39268
cost incurred in providing those services. The department shall	39269
certify the total educational cost to be paid for the child to	39270
both the school district providing the educational services and,	39271
if different, the school district that is responsible to pay	39272
tuition for the child. The department shall deduct the certified	39273
amount from the state basic aid funds payable under Chapter 3317.	39274
of the Revised Code to the district responsible to pay tuition and	39275
shall pay that amount to the district providing the educational	39276
services to the child.	39277

(D) Tuition required to be paid under divisions (C)(2) and	39278
(3)(a) of this section shall be computed in accordance with	39279
section 3317.08 of the Revised Code. Tuition required to be paid	39280
under division (C)(3)(b) of this section shall be computed in	39281
accordance with section 3317.081 of the Revised Code. If a home	39282
fails to pay the tuition required by division (C)(3)(b) of this	39283
section, the board of education providing the education may	39284
recover in a civil action the tuition and the expenses incurred in	39285
prosecuting the action, including court costs and reasonable	39286
attorney's fees. If the prosecuting attorney or city director of	39287
law represents the board in such action, costs and reasonable	39288
attorney's fees awarded by the court, based upon the prosecuting	39289
attorney's, director's, or one of their designee's time spent	39290
preparing and presenting the case, shall be deposited in the	39291
county or city general fund.	39292

(E) A board of education may enroll a child free of any	39293
tuition obligation for a period not to exceed sixty days, on the	39294
sworn statement of an adult resident of the district that the	39295
resident has initiated legal proceedings for custody of the child.	39296

(F) In the case of any individual entitled to attend school	39297
under this division, no tuition shall be charged by the school	39298
district of attendance and no other school district shall be	39299
required to pay tuition for the individual's attendance.	39300
Notwithstanding division (B), (C), or (E) of this section:	39301

(1) All persons at least eighteen but under twenty-two years	39302
of age who live apart from their parents, support themselves by	39303
their own labor, and have not successfully completed the high	39304
school curriculum or the individualized education program	39305
developed for the person by the high school pursuant to section	39306
3323.08 of the Revised Code, are entitled to attend school in the	39307
district in which they reside.	39308

(2) Any child under eighteen years of age who is married is	39309
entitled to attend school in the child's district of residence.	39310

(3) A child is entitled to attend school in the district in	39311
which either of the child's parents is employed if the child has a	39312
medical condition that may require emergency medical attention.	39313
The parent of a child entitled to attend school under division	39314
(F)(3) of this section shall submit to the board of education of	39315
the district in which the parent is employed a statement from the	39316
child's physician certifying that the child's medical condition	39317
may require emergency medical attention. The statement shall be	39318
supported by such other evidence as the board may require.	39319

(4) Any child residing with a person other than the child's	39320
parent is entitled, for a period not to exceed twelve months, to	39321
attend school in the district in which that person resides if the	39322
child's parent files an affidavit with the superintendent of the	39323
district in which the person with whom the child is living resides	39324
stating all of the following:	39325

(a) That the parent is serving outside of the state in the	39326
armed services of the United States;	39327

(b) That the parent intends to reside in the district upon	39328
returning to this state;	39329

(c) The name and address of the person with whom the child is	39330
living while the parent is outside the state.	39331

(5) Any child under the age of twenty-two years who, after	39332
the death of a parent, resides in a school district other than the	39333
district in which the child attended school at the time of the	39334
parent's death is entitled to continue to attend school in the	39335
district in which the child attended school at the time of the	39336
parent's death for the remainder of the school year, subject to	39337
approval of that district board.	39338

(6) A child under the age of twenty-two years who resides	39339
with a parent who is having a new house built in a school district	39340
outside the district where the parent is residing is entitled to	39341
attend school for a period of time in the district where the new	39342
house is being built. In order to be entitled to such attendance,	39343
the parent shall provide the district superintendent with the	39344
following:	39345

(a) A sworn statement explaining the situation, revealing the	39346
location of the house being built, and stating the parent's	39347
intention to reside there upon its completion;	39348

(b) A statement from the builder confirming that a new house	39349
is being built for the parent and that the house is at the	39350
location indicated in the parent's statement.	39351

(7) A child under the age of twenty-two years residing with a	39352
parent who has a contract to purchase a house in a school district	39353
outside the district where the parent is residing and who is	39354
waiting upon the date of closing of the mortgage loan for the	39355
purchase of such house is entitled to attend school for a period	39356
of time in the district where the house is being purchased. In	39357
order to be entitled to such attendance, the parent shall provide	39358
the district superintendent with the following:	39359

(a) A sworn statement explaining the situation, revealing the	39360
location of the house being purchased, and stating the parent's	39361
intent to reside there;	39362

(b) A statement from a real estate broker or bank officer	39363
confirming that the parent has a contract to purchase the house,	39364
that the parent is waiting upon the date of closing of the	39365
mortgage loan, and that the house is at the location indicated in	39366
the parent's statement.	39367

The district superintendent shall establish a period of time	39368
not to exceed ninety days during which the child entitled to	39369
attend school under division (F)(6) or (7) of this section may	39370
attend without tuition obligation. A student attending a school	39371
under division (F)(6) or (7) of this section shall be eligible to	39372
participate in interscholastic athletics under the auspices of	39373
that school, provided the board of education of the school	39374
district where the student's parent resides, by a formal action,	39375
releases the student to participate in interscholastic athletics	39376
at the school where the student is attending, and provided the	39377
student receives any authorization required by a public agency or	39378
private organization of which the school district is a member	39379
exercising authority over interscholastic sports.	39380

(8) A child whose parent is a full-time employee of a city,	39381
local, or exempted village school district, or of an educational	39382
service center, may be admitted to the schools of the district	39383
where the child's parent is employed, or in the case of a child	39384
whose parent is employed by an educational service center, in the	39385
district that serves the location where the parent's job is	39386
primarily located, provided the district board of education	39387
establishes such an admission policy by resolution adopted by a	39388
majority of its members. Any such policy shall take effect on the	39389
first day of the school year and the effective date of any	39390
amendment or repeal may not be prior to the first day of the	39391
subsequent school year. The policy shall be uniformly applied to	39392
all such children and shall provide for the admission of any such	39393
child upon request of the parent. No child may be admitted under	39394
this policy after the first day of classes of any school year.	39395

(9) A child who is with the child's parent under the care of	39396
a shelter for victims of domestic violence, as defined in section	39397
3113.33 of the Revised Code, is entitled to attend school free in	39398
the district in which the child is with the child's parent, and no	39399
other school district shall be required to pay tuition for the	39400
child's attendance in that school district.	39401

The enrollment of a child in a school district under this	39402
division shall not be denied due to a delay in the school	39403
district's receipt of any records required under section 3313.672	39404
of the Revised Code or any other records required for enrollment.	39405
Any days of attendance and any credits earned by a child while	39406
enrolled in a school district under this division shall be	39407
transferred to and accepted by any school district in which the	39408
child subsequently enrolls. The state board of education shall	39409
adopt rules to ensure compliance with this division.	39410

(10) Any child under the age of twenty-two years whose parent	39411
has moved out of the school district after the commencement of	39412
classes in the child's senior year of high school is entitled,	39413
subject to the approval of that district board, to attend school	39414
in the district in which the child attended school at the time of	39415
the parental move for the remainder of the school year and for one	39416
additional semester or equivalent term. A district board may also	39417
adopt a policy specifying extenuating circumstances under which a	39418
student may continue to attend school under division (F)(10) of	39419
this section for an additional period of time in order to	39420
successfully complete the high school curriculum for the	39421
individualized education program developed for the student by the	39422
high school pursuant to section 3323.08 of the Revised Code.	39423

(11) As used in this division, "grandparent" means a parent	39424
of a parent of a child. A child under the age of twenty-two years	39425
who is in the custody of the child's parent, resides with a	39426
grandparent, and does not require special education is entitled to	39427
attend the schools of the district in which the child's	39428
grandparent resides, provided that, prior to such attendance in	39429
any school year, the board of education of the school district in	39430
which the child's grandparent resides and the board of education	39431
of the school district in which the child's parent resides enter	39432
into a written agreement specifying that good cause exists for	39433
such attendance, describing the nature of this good cause, and	39434
consenting to such attendance.	39435

In lieu of a consent form signed by a parent, a board of	39436
education may request the grandparent of a child attending school	39437
in the district in which the grandparent resides pursuant to	39438
division (F)(11) of this section to complete any consent form	39439
required by the district, including any authorization required by	39440
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	39441
Code. Upon request, the grandparent shall complete any consent	39442
form required by the district. A school district shall not incur	39443
any liability solely because of its receipt of a consent form from	39444
a grandparent in lieu of a parent.	39445

Division (F)(11) of this section does not create, and shall	39446
not be construed as creating, a new cause of action or substantive	39447
legal right against a school district, a member of a board of	39448
education, or an employee of a school district. This section does	39449
not affect, and shall not be construed as affecting, any	39450
immunities from defenses to tort liability created or recognized	39451
by Chapter 2744. of the Revised Code for a school district,	39452
member, or employee.	39453

(12) A child under the age of twenty-two years is entitled to	39454
attend school in a school district other than the district in	39455
which the child is entitled to attend school under division (B),	39456
(C), or (E) of this section provided that, prior to such	39457
attendance in any school year, both of the following occur:	39458

(a) The superintendent of the district in which the child is	39459
entitled to attend school under division (B), (C), or (E) of this	39460
section contacts the superintendent of another district for	39461
purposes of this division;	39462

(b) The superintendents of both districts enter into a	39463
written agreement that consents to the attendance and specifies	39464
that the purpose of such attendance is to protect the student's	39465
physical or mental well-being or to deal with other extenuating	39466
circumstances deemed appropriate by the superintendents.	39467

While an agreement is in effect under this division for a	39468
student who is not receiving special education under Chapter 3323.	39469
of the Revised Code and notwithstanding Chapter 3327. of the	39470
Revised Code, the board of education of neither school district	39471
involved in the agreement is required to provide transportation	39472
for the student to and from the school where the student attends.	39473

A student attending a school of a district pursuant to this	39474
division shall be allowed to participate in all student	39475
activities, including interscholastic athletics, at the school	39476
where the student is attending on the same basis as any student	39477
who has always attended the schools of that district while of	39478
compulsory school age.	39479

(13) All school districts shall comply with the	39480
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	39481
seq., for the education of homeless children. Each city, local,	39482
and exempted village school district shall comply with the	39483
requirements of that act governing the provision of a free,	39484
appropriate public education, including public preschool, to each	39485
homeless child.	39486

When a child loses permanent housing and becomes a homeless	39487
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	39488
such a homeless person changes temporary living arrangements, the	39489
child's parent or guardian shall have the option of enrolling the	39490
child in either of the following:	39491

(a) The child's school of origin, as defined in 42 U.S.C.A.	39492
11432(g)(3)(C);	39493

(b) The school that is operated by the school district in	39494
which the shelter where the child currently resides is located and	39495
that serves the geographic area in which the shelter is located.	39496

(14) A child under the age of twenty-two years who resides	39497
with a person other than the child's parent is entitled to attend	39498
school in the school district in which that person resides if both	39499
of the following apply:	39500

(a) That person has been appointed, through a military power	39501
of attorney executed under section 574(a) of the "National Defense	39502
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	39503
U.S.C. 1044b, or through a comparable document necessary to	39504
complete a family care plan, as the parent's agent for the care,	39505
custody, and control of the child while the parent is on active	39506
duty as a member of the national guard or a reserve unit of the	39507
armed forces of the United States or because the parent is a	39508
member of the armed forces of the United States and is on a duty	39509
assignment away from the parent's residence.	39510

(b) The military power of attorney or comparable document	39511
includes at least the authority to enroll the child in school.	39512

The entitlement to attend school in the district in which the	39513
parent's agent under the military power of attorney or comparable	39514
document resides applies until the end of the school year in which	39515
the military power of attorney or comparable document expires.	39516

(G) A board of education, after approving admission, may	39517
waive tuition for students who will temporarily reside in the	39518
district and who are either of the following:	39519

(1) Residents or domiciliaries of a foreign nation who	39520
request admission as foreign exchange students;	39521

(2) Residents or domiciliaries of the United States but not	39522
of Ohio who request admission as participants in an exchange	39523
program operated by a student exchange organization.	39524

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	39525
3327.04, and 3327.06 of the Revised Code, a child may attend	39526
school or participate in a special education program in a school	39527
district other than in the district where the child is entitled to	39528
attend school under division (B) of this section.	39529

(I)(1) Notwithstanding anything to the contrary in this	39530
section or section 3313.65 of the Revised Code, a child under	39531
twenty-two years of age may attend school in the school district	39532
in which the child, at the end of the first full week of October	39533
of the school year, was entitled to attend school as otherwise	39534
provided under this section or section 3313.65 of the Revised	39535
Code, if at that time the child was enrolled in the schools of the	39536
district but since that time the child or the child's parent has	39537
relocated to a new address located outside of that school district	39538
and within the same county as the child's or parent's address	39539
immediately prior to the relocation. The child may continue to	39540
attend school in the district, and at the school to which the	39541
child was assigned at the end of the first full week of October of	39542
the current school year, for the balance of the school year.	39543
Division (I)(1) of this section applies only if both of the	39544
following conditions are satisfied:	39545

(a) The board of education of the school district in which	39546
the child was entitled to attend school at the end of the first	39547
full week in October and of the district to which the child or	39548
child's parent has relocated each has adopted a policy to enroll	39549
children described in division (I)(1) of this section.	39550

(b) The child's parent provides written notification of the	39551
relocation outside of the school district to the superintendent of	39552
each of the two school districts.	39553

(2) At the beginning of the school year following the school	39554
year in which the child or the child's parent relocated outside of	39555
the school district as described in division (I)(1) of this	39556
section, the child is not entitled to attend school in the school	39557
district under that division.	39558

(3) Any person or entity owing tuition to the school district	39559
on behalf of the child at the end of the first full week in	39560
October, as provided in division (C) of this section, shall	39561
continue to owe such tuition to the district for the child's	39562
attendance under division (I)(1) of this section for the lesser of	39563
the balance of the school year or the balance of the time that the	39564
child attends school in the district under division (I)(1) of this	39565
section.	39566

(4) A pupil who may attend school in the district under	39567
division (I)(1) of this section shall be entitled to	39568
transportation services pursuant to an agreement between the	39569
district and the district in which the child or child's parent has	39570
relocated unless the districts have not entered into such	39571
agreement, in which case the child shall be entitled to	39572
transportation services in the same manner as a pupil attending	39573
school in the district under interdistrict open enrollment as	39574
described in division (H) of section 3313.981 of the Revised Code,	39575
regardless of whether the district has adopted an open enrollment	39576
policy as described in division (B)(1)(b) or (c) of section	39577
3313.98 of the Revised Code.	39578

(J) This division does not apply to a child receiving special	39579
education.	39580

A school district required to pay tuition pursuant to	39581
division (C)(2) or (3) of this section or section 3313.65 of the	39582
Revised Code shall have an amount deducted under division (C) of	39583
section 3317.023 of the Revised Code equal to its own tuition rate	39584
for the same period of attendance. A school district entitled to	39585
receive tuition pursuant to division (C)(2) or (3) of this section	39586
or section 3313.65 of the Revised Code shall have an amount	39587
credited under division (C) of section 3317.023 of the Revised	39588
Code equal to its own tuition rate for the same period of	39589
attendance. If the tuition rate credited to the district of	39590
attendance exceeds the rate deducted from the district required to	39591
pay tuition, the department of education shall pay the district of	39592
attendance the difference from amounts deducted from all	39593
districts' payments under division (C) of section 3317.023 of the	39594
Revised Code but not credited to other school districts under such	39595
division and from appropriations made for such purpose. The	39596
treasurer of each school district shall, by the fifteenth day of	39597
January and July, furnish the superintendent of public instruction	39598
a report of the names of each child who attended the district's	39599
schools under divisions (C)(2) and (3) of this section or section	39600
3313.65 of the Revised Code during the preceding six calendar	39601
months, the duration of the attendance of those children, the	39602
school district responsible for tuition on behalf of the child,	39603
and any other information that the superintendent requires.	39604

Upon receipt of the report the superintendent, pursuant to	39605
division (C) of section 3317.023 of the Revised Code, shall deduct	39606
each district's tuition obligations under divisions (C)(2) and (3)	39607
of this section or section 3313.65 of the Revised Code and pay to	39608
the district of attendance that amount plus any amount required to	39609
be paid by the state.	39610

(K) In the event of a disagreement, the superintendent of	39611
public instruction shall determine the school district in which	39612
the parent resides.	39613

(L) Nothing in this section requires or authorizes, or shall	39614
be construed to require or authorize, the admission to a public	39615
school in this state of a pupil who has been permanently excluded	39616
from public school attendance by the superintendent of public	39617
instruction pursuant to sections 3301.121 and 3313.662 of the	39618
Revised Code.	39619

(M) In accordance with division (B)(1) of this section, a	39620
child whose parent is a member of the national guard or a reserve	39621
unit of the armed forces of the United States and is called to	39622
active duty, or a child whose parent is a member of the armed	39623
forces of the United States and is ordered to a temporary duty	39624
assignment outside of the district, may continue to attend school	39625
in the district in which the child's parent lived before being	39626
called to active duty or ordered to a temporary duty assignment	39627
outside of the district, as long as the child's parent continues	39628
to be a resident of that district, and regardless of where the	39629
child lives as a result of the parent's active duty status or	39630
temporary duty assignment. However, the district is not	39631
responsible for providing transportation for the child if the	39632
child lives outside of the district as a result of the parent's	39633
active duty status or temporary duty assignment.	39634

Sec. 3313.646. (A) The board of education of a school	39635
district, except a cooperative education district established	39636
pursuant to section 3311.521 of the Revised Code, may establish	39637
and operate a ~~preschool~~ program to provide services to	39638
preschool-age children, provided the board has demonstrated a need	39639
for the program. A board may use school funds in support of	39640
preschool programs. The board shall maintain, operate, and admit	39641
children to any such program pursuant to rules adopted by such	39642
board and the rules of the state board of education adopted under	39643
sections 3301.52 to 3301.57 of the Revised Code.	39644

A board of education may establish fees or tuition, which may	39645
be graduated in proportion to family income, for participation in	39646
a preschool program. In cases where payment of fees or tuition	39647
would create a hardship for the child's parent or guardian, the	39648
board may waive any such fees or tuition.	39649

(B) No board of education that is not receiving funds under	39650
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	39651
March 17, 1989, shall compete for funds under the "Head Start Act"	39652
with any grantee receiving funds under that act.	39653

(C) A board of education may contract with any of the	39654
following preschool providers to provide ~~preschool programs~~	39655
services to preschool-age children, other than ~~programs for units~~	39656
~~described by divisions (B) and (C) of~~those services for which the	39657
district is eligible to receive funding under section ~~3317.05~~	39658
3317.0213 of the Revised Code~~, for children of the school~~	39659
~~district~~:	39660

(1) Any organization receiving funds under the "Head Start	39661
Act";	39662

(2) Any nonsectarian eligible nonpublic school as defined in	39663
division (H) of section 3301.52 of the Revised Code;	39664

(3) Any child care provider licensed under Chapter 5104. of	39665
the Revised Code.	39666

Boards may contract to provide ~~preschool programs~~services to	39667
preschool-age children only with such organizations whose staff	39668
meet the requirements of rules adopted under section 3301.53 of	39669
the Revised Code or those of the child development associate	39670
credential established by the national association for the	39671
education of young children.	39672

(D) A contract entered into under division (C) of this	39673
section may provide for the board of education to lease school	39674
facilities to the preschool provider or to furnish transportation,	39675
utilities, or staff for the preschool program.	39676

(E) The treasurer of any board of education operating a	39677
preschool program pursuant to this section shall keep an account	39678
of all funds used to operate the program in the same manner as the	39679
treasurer would any other funds of the district pursuant to this	39680
chapter.	39681

Sec. 3313.65. (A) As used in this section and section	39682
3313.64 of the Revised Code:	39683

(1) A person is "in a residential facility" if the person is	39684
a resident or a resident patient of an institution, home, or other	39685
residential facility that is:	39686

(a) Licensed as a nursing home, residential care facility, or	39687
home for the aging by the director of health under section 3721.02	39688
of the Revised Code;	39689

(b) Maintained as a county home or district home by the board	39690
of county commissioners or a joint board of county commissioners	39691
under Chapter 5155. of the Revised Code;	39692

(c) Operated or administered by a board of alcohol, drug	39693
addiction, and mental health services under section 340.03 or	39694
~~340.06~~ of the Revised Code, or provides residential care pursuant	39695
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	39696
Code;	39697

(d) Maintained as a state institution for the mentally ill	39698
under Chapter 5119. of the Revised Code;	39699

(e) Licensed by the department of ~~mental health~~mental health	39700
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	39701
5119.34 of the Revised Code;	39702

(f) Licensed as a residential facility by the department of	39703
developmental disabilities under section 5123.19 of the Revised	39704
Code;	39705

(g) Operated by the veteran's administration or another	39706
agency of the United States government;	39707

(h) Operated by the Ohio veterans' home.

39708

(2) A person is "in a correctional facility" if any of the	39709
following apply:	39710

(a) The person is an Ohio resident and is:

39711

(i) Imprisoned, as defined in section 1.05 of the Revised	39712
Code;	39713

(ii) Serving a term in a community-based correctional	39714
facility or a district community-based correctional facility;	39715

(iii) Required, as a condition of parole, a post-release	39716
control sanction, a community control sanction, transitional	39717
control, or early release from imprisonment, as a condition of	39718
shock parole or shock probation granted under the law in effect	39719
prior to July 1, 1996, or as a condition of a furlough granted	39720
under the version of section 2967.26 of the Revised Code in effect	39721
prior to March 17, 1998, to reside in a halfway house or other	39722
community residential center licensed under section 2967.14 of the	39723
Revised Code or a similar facility designated by the court of	39724
common pleas that established the condition or by the adult parole	39725
authority.	39726

(b) The person is imprisoned in a state correctional	39727
institution of another state or a federal correctional institution	39728
but was an Ohio resident at the time the sentence was imposed for	39729
the crime for which the person is imprisoned.	39730

(3) A person is "in a juvenile residential placement" if the	39731
person is an Ohio resident who is under twenty-one years of age	39732
and has been removed, by the order of a juvenile court, from the	39733
place the person resided at the time the person became subject to	39734
the court's jurisdiction in the matter that resulted in the	39735
person's removal.	39736

(4) "Community control sanction" has the same meaning as in	39737
section 2929.01 of the Revised Code.	39738

(5) "Post-release control sanction" has the same meaning as	39739
in section 2967.01 of the Revised Code.	39740

(B) If the circumstances described in division (C) of this	39741
section apply, the determination of what school district must	39742
admit a child to its schools and what district, if any, is liable	39743
for tuition shall be made in accordance with this section, rather	39744
than section 3313.64 of the Revised Code.	39745

(C) A child who does not reside in the school district in	39746
which the child's parent resides and for whom a tuition obligation	39747
previously has not been established under division (C)(2) of	39748
section 3313.64 of the Revised Code shall be admitted to the	39749
schools of the district in which the child resides if at least one	39750
of the child's parents is in a residential or correctional	39751
facility or a juvenile residential placement and the other parent,	39752
if living and not in such a facility or placement, is not known to	39753
reside in this state.	39754

(D) Regardless of who has custody or care of the child,	39755
whether the child resides in a home, or whether the child receives	39756
special education, if a district admits a child under division (C)	39757
of this section, tuition shall be paid to that district as	39758
follows:	39759

(1) If the child's parent is in a juvenile residential	39760
placement, by the district in which the child's parent resided at	39761
the time the parent became subject to the jurisdiction of the	39762
juvenile court;	39763

(2) If the child's parent is in a correctional facility, by	39764
the district in which the child's parent resided at the time the	39765
sentence was imposed;	39766

(3) If the child's parent is in a residential facility, by	39767
the district in which the parent resided at the time the parent	39768
was admitted to the residential facility, except that if the	39769
parent was transferred from another residential facility, tuition	39770
shall be paid by the district in which the parent resided at the	39771
time the parent was admitted to the facility from which the parent	39772
first was transferred;	39773

(4) In the event of a disagreement as to which school	39774
district is liable for tuition under division (C)(1), (2), or (3)	39775
of this section, the superintendent of public instruction shall	39776
determine which district shall pay tuition.	39777

(E) If a child covered by division (D) of this section	39778
receives special education in accordance with Chapter 3323. of the	39779
Revised Code, the tuition shall be paid in accordance with section	39780
3323.13 or 3323.14 of the Revised Code. Tuition for children who	39781
do not receive special education shall be paid in accordance with	39782
division (J) of section 3313.64 of the Revised Code.	39783

Sec. 3313.714. (A) As used in this section:

39784

(1) "Board of education" means the board of education of a	39785
city, local, exempted village, or joint vocational school	39786
district.	39787

(2) "Healthcheck" means the early and periodic screening,	39788
diagnosis, and treatment program, a component of the ~~medical~~	39789
~~assistance~~medicaid program ~~established under Title XIX of the~~	39790
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	39791
~~amended, and Chapter 5111. of the Revised Code~~.	39792

(3) "Pupil" means a person under age twenty-two enrolled in	39793
the schools of a city, local, exempted village, or joint	39794
vocational school district.	39795

(4) "Parent" means either parent with the following	39796
exceptions:	39797

(a) If one parent has custody by court order, "parent" means	39798
the parent with custody.	39799

(b) If neither parent has legal custody, "parent" means the	39800
person or government entity with legal custody.	39801

(c) The child's legal guardian or a person who has accepted	39802
responsibility for the health, safety, and welfare of the child.	39803

(B) At the request of the department of ~~job and family~~	39804
~~services~~medicaid, a board of education shall establish and	39805
conduct a healthcheck program for pupils enrolled in the schools	39806
of the district who are medicaid recipients ~~of medical assistance~~	39807
~~under Chapter 5111. of the Revised Code~~. At the request of a board	39808
of education, the department may authorize the board to establish	39809
a healthcheck program. A board that establishes a healthcheck	39810
program shall enter into a ~~medical assistance~~medicaid provider	39811
agreement with the department.	39812

A healthcheck program established by a board of education	39813
shall be conducted in accordance with rules adopted by the	39814
medicaid director ~~of job and family services~~ under division (F) of	39815
this section. The healthcheck program shall include all of the	39816
following components:	39817

(1) A comprehensive health and development history;

39818

(2) A comprehensive physical examination;

39819

(3) A developmental assessment;

39820

(4) A nutritional assessment;

39821

(5) A vision assessment;

39822

(6) A hearing assessment;

39823

(7) An immunization assessment;

39824

(8) Lead screening and laboratory tests ordered by a doctor	39825
of medicine or osteopathic medicine as part of one of the other	39826
components;	39827

(9) Such other assessment as may be required by the	39828
department of ~~job and family services~~medicaid in accordance with	39829
the requirements of the healthcheck program.	39830

All services included in a board of education's healthcheck	39831
program that the board provided under sections 3313.67, 3313.673,	39832
3313.68, 3313.69, and 3313.71 of the Revised Code during the	39833
1990-1991 school year shall continue to be provided to ~~medical~~	39834
~~assistance~~medicaid recipients by the board pursuant to those	39835
sections. The services shall be considered part of the healthcheck	39836
program for medicaid recipients ~~of medical assistance~~, and the	39837
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	39838
department in accordance with this division for providing the	39839
services.	39840

The department shall ~~reimburse~~pay boards of education for	39841
healthcheck program services provided under this division at the	39842
rates paid under the ~~medical assistance~~medicaid program to	39843
physicians, dentists, nurses, and other providers of healthcheck	39844
services.	39845

(C) Each board of education that conducts a healthcheck	39846
program shall determine for each pupil enrolled in the schools of	39847
the district whether the pupil is a ~~medical assistance~~medicaid	39848
recipient. The department of ~~job and family services~~medicaid and	39849
county departments of ~~human services~~job and family services shall	39850
assist the board in making these determinations. Except as	39851
necessary to carry out the purposes of this section, all	39852
information received by a board under this division shall be	39853
confidential.	39854

Before the first day of October of each year, each board that	39855
conducts a healthcheck program shall send the parent of each pupil	39856
who is under age eighteen and a medicaid recipient ~~of medical~~	39857
~~assistance~~ notice that the pupil will be examined under the	39858
district's healthcheck program unless the parent notifies the	39859
board that the parent denies consent for the examination. The	39860
notice shall include a form to be used by the parent to indicate	39861
that the parent denies consent. The denial shall be effective only	39862
if the form is signed by the parent and returned to the board or	39863
the school in which the pupil is enrolled. If the parent does not	39864
return a signed form indicating denial of consent within two weeks	39865
after the date the notice is sent, the school district and the	39866
department of ~~job and family services~~medicaid shall deem the	39867
parent to have consented to examination of the parent's child	39868
under the healthcheck program. In the case of a pupil age eighteen	39869
or older, the notice shall be given to the pupil, and the school	39870
district and the department of ~~job and family services~~medicaid	39871
shall deem the pupil to have consented to examination unless the	39872
pupil returns the signed form indicating the pupil's denial of	39873
consent.	39874

(D)(1) As used in this division:

39875

(a) "Nonfederal share" means the portion of expenditures for	39876
services that is required under the ~~medical assistance~~medicaid	39877
program to be paid for with state or local government funds.	39878

(b) "Federal financial participation" means the portion of	39879
expenditures for services that is ~~reimbursed~~payable under the	39880
~~medical assistance~~medicaid program with federal funds.	39881

(2) At the request of a board of education, the state	39882
department may enter into an agreement with the board under which	39883
the board provides medical services to a medicaid recipient of	39884
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	39885
~~assistance~~medicaid program but not under the healthcheck program.	39886
The agreement may be for a term specified in the agreement and	39887
renewable by mutual consent of the board and the department, or	39888
may continue in force as long as agreeable to the board and the	39889
department.	39890

The board shall use state or local funds of the district to	39891
pay the nonfederal share of expenditures for services provided	39892
under this division. Prior to entering into or renewing an	39893
agreement and at any other time requested by the department while	39894
the agreement is in force, the board shall certify to the	39895
department in accordance with the rules adopted under division (F)	39896
of this section that it will have sufficient state or local funds	39897
to pay the nonfederal share of expenditures under this division.	39898
If the board fails to make the certification, the department shall	39899
not enter into or renew the agreement. If an agreement has been	39900
entered into, it shall be void unless the board makes the	39901
certification not later than fifteen days after receiving notice	39902
from the department that the certification is due. The board shall	39903
report to the department, in accordance with the rules, the amount	39904
of state or local funds it spends to provide services under this	39905
division.	39906

The department shall ~~reimburse~~pay the board the federal	39907
financial participation allowed for the board's expenditures for	39908
services under this division. The total of the nonfederal share	39909
spent by the board and the federal financial participation	39910
~~reimbursed~~paid by the department for a service rendered under	39911
this division shall be an amount agreed to by the board and the	39912
department, but shall not exceed the maximum ~~reimbursable~~payable	39913
amount for that service under rules adopted ~~by the director of job~~	39914
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	39915
Revised Code. The rules adopted under division (F) of this section	39916
shall include procedures under which the department will recover	39917
from a board overpayments and subsequent federal audit	39918
disallowances of federal financial participation ~~reimbursed~~paid	39919
by the department.	39920

(E) A board of education shall provide services under	39921
division (D) of this section and under its healthcheck program as	39922
provided in division (E)(1), (2), or (3) of this section:	39923

(1) By having the services performed by physicians, dentists,	39924
and nurses employed by the board;	39925

(2) By contracting with physicians, dentists, nurses, and	39926
other providers of services who have ~~medical assistance~~medicaid	39927
provider agreements with the department of ~~job and family services~~	39928
medicaid;	39929

(3) By having some of the services performed by persons	39930
described in division (E)(1) of this section and others performed	39931
by persons described in division (E)(2) of this section.	39932

(F) The medicaid director ~~of job and family services~~ shall	39933
adopt rules in accordance with Chapter 119. of the Revised Code	39934
governing healthcheck programs conducted under this section and	39935
services provided under division (D) of this section.	39936

Sec. 3313.715. The board of education of a school district	39937
may request from the director of developmental disabilities the	39938
appropriate identification numbers for all students residing in	39939
the district who are ~~medical assistance~~medicaid recipients ~~under~~	39940
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	39941
numbers upon receipt of lists of student names furnished by the	39942
district board, in such form as the director may require.	39943

The medicaid director ~~of job and family services~~ shall	39944
provide the director of developmental disabilities with the data	39945
necessary for compliance with this section.	39946

Section 3319.321 of the Revised Code does not apply to the	39947
release of student names or other data to the director of	39948
developmental disabilities for the purposes of this section.	39949
Chapter 1347. of the Revised Code does not apply to information	39950
required to be kept by a school board or the departments of ~~job~~	39951
~~and family services~~medicaid or developmental disabilities to the	39952
extent necessary to comply with this section and section 3313.714	39953
of the Revised Code. However, any such information or data shall	39954
be used only for the specific legal purposes of such boards and	39955
departments and shall not be released to any unauthorized person.	39956

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	39957
operating more cost effectively, minimizing administrative	39958
overhead, encouraging the sharing of resource development, and	39959
diminishing duplication, the boards of education of two or more	39960
city, local, or exempted village school districts each having a	39961
majority of its territory in a county with a population greater	39962
than one million two hundred thousand, by adopting identical	39963
resolutions, may enter into an agreement providing for the	39964
creation of a regional student education district for the purpose	39965
of funding the following for students enrolled in those school	39966
districts, including students diagnosed as autistic and students	39967
with special needs, and their immediate family members:	39968

(a) Special education services;

39969

(b) Behavioral health services for persons with special	39970
needs.	39971

If more than eight boards of education adopt resolutions to	39972
form a regional student education district, the boards may meet at	39973
facilities of the educational service center of the county to	39974
discuss membership in the district.	39975

(2) The territory of a regional student education district at	39976
any time shall be composed of the combined territories of the	39977
school districts that are parties to the agreement at that time.	39978
Services funded by a regional student education district shall be	39979
available to all individuals enrolled in a school district that is	39980
a part of the regional student education district and members of	39981
their immediate family.	39982

(3) The agreement may be amended pursuant to terms and	39983
procedures mutually agreed to by the boards of education that are	39984
parties to the agreement.	39985

(B) Each regional student education district shall be	39986
governed by a board of directors. The superintendent of each board	39987
of education that is a party to the agreement shall serve on the	39988
board of directors. The agreement shall provide for the terms of	39989
office of directors. Directors shall receive no compensation, but	39990
shall be reimbursed, from the special fund of the regional student	39991
education district, for the reasonable and necessary expenses they	39992
incur in the performance of their duties for the district. The	39993
agreement shall provide for the conduct of the board's initial	39994
organizational meeting and for the frequency of subsequent	39995
meetings and quorum requirements. At its first meeting, the board	39996
shall designate from among its members a president and secretary	39997
in the manner provided in the agreement.	39998

The board of directors of a regional student education	39999
district is a body corporate and politic, is capable of suing and	40000
being sued, is capable of contracting within the limits of this	40001
section and the agreement governing the district, and is capable	40002
of accepting gifts, donations, bequests, or other grants of money	40003
for use in paying its expenses. The district is a public office	40004
and its directors are public officials within the meaning of	40005
section 117.01 of the Revised Code, the board of directors is a	40006
public body within the meaning of section 121.22 of the Revised	40007
Code, and records of the board and of the district are public	40008
records within the meaning of section 149.43 of the Revised Code.	40009

The agreement shall require the board to designate a	40010
permanent location for its offices and meeting place, and may	40011
provide for the use of such facilities and property for the	40012
provision of services by the agencies with which the board	40013
contracts under division (C) of this section.	40014

(C)(1) To provide the services identified in division (A)(1)	40015
of this section, the board of directors of a regional student	40016
education district shall provide for the hiring of employees or	40017
shall contract with one or more entities. Except as provided in	40018
division (C)(2) of this section, any entity with which the board	40019
of directors contracts to provide the services identified in	40020
division (A)(1)(b) of this section shall be a qualified nonprofit,	40021
nationally accredited agency to which both of the following apply:	40022

(a) The agency is licensed or certified by the departments of	40023
~~mental health,~~mental health and addiction services and job and	40024
family services~~, and alcohol and drug addiction services~~.	40025

(b) The agency provides school-based behavioral health	40026
services.	40027

(2) The board of directors may contract with an entity that	40028
does not meet the conditions stated in division (C)(1) of this	40029
section if the services to be provided by the entity are only	40030
incidental to the services identified in division (A)(1)(b) of	40031
this section.	40032

(3) The board of directors may levy a tax throughout the	40033
district as provided in section 5705.2111 of the Revised Code. The	40034
board of directors shall provide for the creation of a special	40035
fund to hold the proceeds of any tax levied under section	40036
5705.2111 of the Revised Code and any gifts, donations, bequests,	40037
or other grants of money coming into the possession of the	40038
district. A regional student education district is a subdivision,	40039
and the board of directors is a governing body, within the meaning	40040
of section 135.01 of the Revised Code. The board of directors may	40041
not issue securities or otherwise incur indebtedness.	40042

(4) The adoption or rejection by electors of a tax levy to	40043
fund a regional student education district pursuant to section	40044
5705.2111 of the Revised Code does not alter the duty of each	40045
school district member of the regional student education district	40046
to provide special education and related services as required	40047
under Chapter 3323. of the Revised Code. On the expiration of a	40048
regional student education district levy, the state, member school	40049
districts of the regional student education district, and any	40050
other governmental entity shall not be obligated to provide	40051
replacement funding for the revenues under the expired levy. The	40052
tax levy, in whole or in part, shall not be considered a levy for	40053
current operating expenses pursuant to division (A) of section	40054
3317.01 of the Revised Code for any of the school districts that	40055
are members of the regional student education district.	40056

(D)(1) The agreement shall provide for the manner of	40057
appointing an individual or entity to perform the duties of fiscal	40058
officer of the regional student education district. The agreement	40059
shall specify the length of time the individual or entity shall	40060
perform those duties and whether the individual or entity may be	40061
reappointed upon the completion of a term. The fiscal officer may	40062
receive compensation for performing the duties of the position and	40063
be reimbursed for reasonable expenses of performing those duties	40064
from the regional student education district's special fund.	40065

(2) The legal advisor of the board of directors of a regional	40066
student education district shall be the prosecuting attorney of	40067
the most populous county containing a school district that is a	40068
member of the regional student education district. The prosecuting	40069
attorney shall prosecute all actions against a member of the board	40070
of directors for malfeasance or misfeasance in office and shall be	40071
the legal counsel for the board and its members in all other	40072
actions brought by or against them and shall conduct those actions	40073
in the prosecuting attorney's official capacity. No compensation	40074
in addition to the prosecuting attorney's regular salary shall be	40075
allowed.	40076

(E) The board of directors of a regional student education	40077
district shall procure a policy or policies of insurance insuring	40078
the board, the fiscal officer, and the legal representative	40079
against liability on account of damage or injury to persons and	40080
property. Before procuring such insurance the board shall adopt a	40081
resolution setting forth the amount of insurance to be purchased,	40082
the necessity of the insurance, and a statement of its estimated	40083
premium cost. Insurance procured pursuant to this section shall be	40084
from one or more recognized insurance companies authorized to do	40085
business in this state. The cost of the insurance shall be paid	40086
from the district's special fund.	40087

A regional student education district is a political	40088
subdivision within the meaning of section 2744.01 of the Revised	40089
Code.	40090

(F)(1) The board of education of a school district having a	40091
majority of its territory in the county may join an existing	40092
regional student education district by adopting a resolution	40093
requesting to join as a party to the agreement and upon approval	40094
by the boards of education that currently are parties to the	40095
agreement. If a tax is levied in the regional student education	40096
district under section 5705.2111 of the Revised Code, a board of	40097
education may join the district only after a majority of qualified	40098
electors in the school district voting on the question vote in	40099
favor of levying the tax throughout the school district. A board	40100
of education joining an existing district shall have the same	40101
powers, rights, and obligations under the agreement as other	40102
boards of education that are parties to the agreement.	40103

(2) A board of education that is a party to an agreement	40104
under this section may withdraw the school district from a	40105
regional student education district by adopting a resolution. The	40106
withdrawal shall take effect on the date provided in the	40107
resolution. If a tax is levied in the regional student education	40108
district under section 5705.2111 of the Revised Code, the	40109
resolution shall take effect not later than the first day of	40110
January following adoption of the resolution. Beginning with the	40111
first day of January following adoption of the resolution, any tax	40112
levied under section 5705.2111 of the Revised Code shall not be	40113
levied within the territory of the withdrawing school district.	40114
Any collection of tax levied in the territory of the withdrawing	40115
school district under that section that has not been settled and	40116
distributed when the resolution takes effect shall be credited to	40117
the district's special fund.	40118

(G) An agreement entered into under this section shall	40119
provide for the manner of the regional student education	40120
district's dissolution. The district shall cease to exist when not	40121
more than one school district remains in the district, and the	40122
levy of any tax under section 5705.2111 of the Revised Code shall	40123
not be extended on the tax lists in any tax year beginning after	40124
the dissolution of the district. The agreement shall provide that,	40125
upon dissolution of the district, any unexpended balance in the	40126
district's special fund shall be divided among the school	40127
districts that are parties to the agreement immediately before	40128
dissolution in proportion to the taxable valuation of taxable	40129
property in the districts, and credited to their respective	40130
general funds.	40131

Sec. 3313.841. The boards of education and governing boards	40132
of two or more city, local, joint vocational, or exempted village	40133
school districts or educational service centers may contract in	40134
accordance with the terms of this section for the sharing on a	40135
cooperative basis of the services of supervisory teachers, special	40136
instruction teachers, special education teachers, and other	40137
licensed personnel necessary to conduct approved cooperative	40138
classes for special education and related services and gifted	40139
education.	40140

The boards of two or more districts or service centers	40141
desiring to enroll students in such classes shall each adopt	40142
resolutions indicating such desire and designating one of the	40143
participating districts or service centers as the funding agent	40144
for purposes of this section. The district or service center	40145
designated as the funding agent shall enter into an employment	40146
contract with each licensed teacher whose services are to be	40147
shared among the participating districts and service centers. In	40148
turn, the funding agent shall enter into contracts with each of	40149
the districts and service centers which have adopted resolutions	40150
agreeing to participate in the cooperative program upon terms	40151
agreed to by all parties to such contract. Such contracts between	40152
districts and service centers shall set forth the services to be	40153
provided by the licensed teacher employed by the funding agent	40154
whose services are to be shared by the participating districts and	40155
service centers and the basis for computing the amounts to be paid	40156
for such services to the funding agent by the participating	40157
districts and service centers.	40158

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	40159
the Revised Code, the funding agent shall count all pupils	40160
enrolled in cooperative programs for pupils with disabilities as	40161
pupils enrolled in such programs in the funding agent district.	40162
Upon receipt of payment for such programs, the funding agent	40163
district shall credit the account of districts participating in	40164
the cooperative program for the amounts due under contracts	40165
entered into under the terms of this section in proportion to the	40166
number of resident students enrolled in the cooperative program	40167
from each participating district and service center.	40168

In determining the terms of the contract entered into by the	40169
funding agent district or service center and the participating	40170
districts and service centers, the superintendent of schools of	40171
each participating board of education and governing board shall	40172
serve as a committee which shall recommend such terms to such	40173
boards.	40174

Sec. 3313.843. (A) Notwithstanding division (D) of section	40175
3311.52 of the Revised Code, this section does not apply to any	40176
cooperative education school district.	40177

(B)(1) The board of education of each city, exempted village,	40178
or local school district with an average daily student enrollment	40179
of sixteen thousand or less, reported for the district on the most	40180
recent report card issued under section 3302.03 of the Revised	40181
Code, shall enter into an agreement with the governing board of an	40182
educational service center, under which the educational service	40183
center governing board will provide services to the district.	40184

(2) The board of education of a city, exempted village, or	40185
local school district with an average daily student enrollment of	40186
more than sixteen thousand may enter into an agreement with the	40187
governing board of an educational service center, under which the	40188
educational service center governing board will provide services	40189
to the district.	40190

(3) Services provided under an agreement entered into under	40191
division (B)(1) or (2) of this section shall be specified in the	40192
agreement, and may include any of the following: supervisory	40193
teachers; in-service and continuing education programs for	40194
district personnel; curriculum services; research and development	40195
programs; academic instruction for which the governing board	40196
employs teachers pursuant to section 3319.02 of the Revised Code;	40197
assistance in the provision of special accommodations and classes	40198
for students with disabilities; or any other services the district	40199
board and service center governing board agree can be better	40200
provided by the service center and are not provided under an	40201
agreement entered into under section 3313.845 of the Revised Code.	40202
Services included in the agreement shall be provided to the	40203
district in the manner specified in the agreement. The district	40204
board of education shall reimburse the educational service center	40205
governing board pursuant to ~~section 3317.11 of the Revised Code~~	40206
terms specified in the agreement entered into under this section.	40207

~~Beginning with the 2012-2013 school year, the board of any~~	40208
~~district described in division (B)(2) of this section may elect~~	40209
~~not to receive the supervisory services for which supervisory~~	40210
~~units are paid under division (B) of section 3317.11 of the~~	40211
~~Revised Code, provided that election is specified in the~~	40212
~~agreement.~~	40213

(C) Any agreement entered into pursuant to this section shall	40214
be filed with the department of education by the first day of July	40215
of the school year for which the agreement is in effect.	40216

(D)(1) An agreement for services from an educational service	40217
center entered into under this section may be terminated by the	40218
school district board of education, at its option, by notifying	40219
the governing board of the service center by March 1, 2012, or by	40220
the first day of January of any odd-numbered year thereafter, that	40221
the district board intends to terminate the agreement in that	40222
year, and that termination shall be effective on the thirtieth day	40223
of June of that year. The failure of a district board to notify an	40224
educational service center of its intent to terminate an agreement	40225
by March 1, 2012, shall result in renewal of the existing	40226
agreement for the following school year. Thereafter, the failure	40227
of a district board to notify an educational service center of its	40228
intent to terminate an agreement by the first day of January of an	40229
odd-numbered year shall result in renewal of the existing	40230
agreement for the following two school years.	40231

(2) If the school district that terminates an agreement for	40232
services under division (D)(1) of this section is also subject to	40233
the requirement of division (B)(1) of this section, the district	40234
board shall enter into a new agreement with any educational	40235
service center so that the new agreement is effective on the first	40236
day of July of that same year.	40237

(3) If all moneys owed by a school district to an educational	40238
service center under an agreement for services terminated under	40239
division (D)(1) of this section have been paid in full by the	40240
effective date of the termination, the governing board of the	40241
service center shall submit an affidavit to the department	40242
certifying that fact not later than fifteen days after the	40243
termination's effective date. Notwithstanding anything in the	40244
Revised Code to the contrary, until the department receives such	40245
an affidavit, it shall not make any payments to any other	40246
educational service center with which the district enters into an	40247
agreement under this section for services that the educational	40248
service center provides to the district.	40249

(E) An educational service center may apply to any state or	40250
federal agency for competitive grants. It may also apply to any	40251
private entity for additional funds.	40252

(F) Not later than January 1, 2014, each educational service	40253
center shall post on its web site a list of all of the services	40254
that it provides and the corresponding cost for each of those	40255
services.	40256

(G)(1) For purposes of this division, "total student count"	40257
has the same meaning as in section 3301.011 of the Revised Code.	40258

(2) For purposes of calculating any state subsidy to be paid	40259
to an educational service center for services provided to a school	40260
district, the service center's student count shall be the sum of	40261
the total student counts of all of an educational service center's	40262
client school districts, except that the count shall not include	40263
any student entitled to attend school in one of those districts	40264
who is enrolled in a community school at the time the total	40265
student count is reported.	40266

(3) When a district enters into a new agreement with a new	40267
educational service center, the department of education shall	40268
ensure that the state subsidy for services provided to the	40269
district is paid to the new educational service center and that	40270
the educational service center with which the district previously	40271
had an agreement is no longer paid a state subsidy for providing	40272
services to that district.	40273

Sec. 3313.845. The board of education of a city, exempted	40274
village, or local school district and the governing board of an	40275
educational service center may enter into an agreement under which	40276
the educational service center will provide services to the school	40277
district. Services provided under the agreement and the amount to	40278
be paid for such services shall be mutually agreed to by the	40279
district board of education and the service center governing	40280
board, and shall be specified in the agreement. Payment for	40281
services specified in the agreement shall be made pursuant to	40282
~~division (D) of section 3317.11 of the Revised Code and shall not~~	40283
~~include any deduction under division (B), (C), or (F) of that~~	40284
~~section~~the terms of that agreement. Any agreement entered into	40285
pursuant to this section shall be valid only if a copy is filed	40286
with the department of education.	40287

The authority granted under this section to the boards of	40288
education of city, exempted village, and local school districts is	40289
in addition to the authority granted to such boards under section	40290
3313.843 of the Revised Code.	40291

Sec. 3313.88. (A)(1) Prior to the first day of August of	40292
each school year, the board of education of any school district or	40293
the governing authority of any chartered nonpublic school may	40294
submit to the department of education a plan to require students	40295
to access and complete classroom lessons posted on the district's	40296
or nonpublic school's web portal or web site in order to make up	40297
days in that school year on which it is necessary to close schools	40298
for any of the reasons specified in division (B) of section	40299
3317.01 of the Revised Code in excess of the number of days	40300
permitted under sections 3313.48, 3313.481, and 3317.01 of the	40301
Revised Code.	40302

Prior to the first day of August of each school year, the	40303
governing authority of any community school established under	40304
Chapter 3314. that is not an internet- or computer-based community	40305
school, as defined in section 3314.02 of the Revised Code, may	40306
submit to the department a plan to require students to access and	40307
complete classroom lessons posted on the school's web portal or	40308
web site in order to make up days or hours in that school year on	40309
which it is necessary to close the school for any of the reasons	40310
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	40311
Code so that the school is in compliance with the minimum number	40312
of hours required under Chapter 3314. of the Revised Code.	40313

A plan submitted by a school district board or chartered	40314
nonpublic school governing authority shall provide for making up	40315
any number of days, up to a maximum of three days. A plan	40316
submitted by a community school governing authority shall provide	40317
for making up any number of hours, up to a maximum of the	40318
equivalent of three days. Provided the plan meets all requirements	40319
of this section, the department shall permit the board or	40320
governing authority to implement the plan for the applicable	40321
school year.	40322

(2) Each plan submitted under this section by a school	40323
district board of education shall include the written consent of	40324
the teachers' employee representative designated under division	40325
(B) of section 4117.04 of the Revised Code.	40326

(3) Each plan submitted under this section shall provide for	40327
the following:	40328

(a) Not later than the first day of November of the school	40329
year, each classroom teacher shall develop a sufficient number of	40330
lessons for each course taught by the teacher that school year to	40331
cover the number of make-up days or hours specified in the plan.	40332
The teacher shall designate the order in which the lessons are to	40333
be posted on the district's, community school's, or nonpublic	40334
school's web portal or web site in the event of a school closure.	40335
Teachers may be granted up to one professional development day to	40336
create lesson plans for those lessons.	40337

(b) To the extent possible and necessary, a classroom teacher	40338
shall update or replace, based on current instructional progress,	40339
one or more of the lesson plans developed under division (A)(3)(a)	40340
of this section before they are posted on the web portal or web	40341
site under division (A)(3)(c) of this section or distributed under	40342
division (B) of this section.	40343

(c) As soon as practicable after a school closure, a district	40344
or school employee responsible for web portal or web site	40345
operations shall make the designated lessons available to students	40346
on the district's, community school's, or nonpublic school's	40347
portal or site. A lesson shall be posted for each course that was	40348
scheduled to meet on the day or hours of the closure.	40349

(d) Each student enrolled in a course for which a lesson is	40350
posted on the portal or site shall be granted a two-week period	40351
from the date of posting to complete the lesson. The student's	40352
classroom teacher shall grade the lesson in the same manner as	40353
other lessons. The student may receive an incomplete or failing	40354
grade if the lesson is not completed on time.	40355

(e) If a student does not have access to a computer at the	40356
student's residence and the plan does not include blizzard bags	40357
under division (B) of this section, the student shall be permitted	40358
to work on the posted lessons at school after the student's school	40359
reopens. If the lessons were posted prior to the reopening, the	40360
student shall be granted a two-week period from the date of the	40361
reopening, rather than from the date of posting as otherwise	40362
required under division (A)(3)(d) of this section, to complete the	40363
lessons. The district board or community school or nonpublic	40364
school governing authority may provide the student access to a	40365
computer before, during, or after the regularly scheduled school	40366
day or may provide a substantially similar paper lesson in order	40367
to complete the lessons.	40368

(B)(1) In addition to posting classroom lessons online under	40369
division (A) of this section, the board of education of any school	40370
district or governing authority of any community or chartered	40371
nonpublic school may include in the plan distribution of "blizzard	40372
bags," which are paper copies of the lessons posted online.	40373

(2) If a school opts to use blizzard bags, teachers shall	40374
prepare paper copies in conjunction with the lessons to be posted	40375
online and update the paper copies whenever the teacher updates	40376
the online lesson plans.	40377

(3) The board of education of any school district or	40378
governing authority of any community or chartered nonpublic school	40379
that opts to use blizzard bags shall specify in the plan the	40380
method of distribution of blizzard bag lessons, which may include,	40381
but not be limited to, requiring distribution by a specific	40382
deadline or requiring distribution prior to anticipated school	40383
closure as directed by the superintendent of a school district or	40384
the principal, director, chief administrative officer, or the	40385
equivalent, of a school.	40386

(4) Students shall turn in completed lessons in accordance	40387
with division (A)(3)(d) of this section.	40388

(C)(1) No school district that implements a plan in	40389
accordance with this section shall be considered to have failed to	40390
comply with division (B) of section 3317.01 of the Revised Code	40391
with respect to the number of make-up days specified in the plan.	40392

(2) No community school that implements a plan in accordance	40393
with this section shall be considered to have failed to comply	40394
with the minimum number of hours required under Chapter 3314. of	40395
the Revised Code with respect to the number of make-up hours	40396
specified in the plan.	40397

Sec. 3313.978. (A) Annually by the first day of November,	40398
the superintendent of public instruction shall notify the pilot	40399
project school district of the number of initial scholarships that	40400
the state superintendent will be awarding in each of grades	40401
kindergarten through twelve.	40402

The state superintendent shall provide information about the	40403
scholarship program to all students residing in the district,	40404
shall accept applications from any such students until such date	40405
as shall be established by the state superintendent as a deadline	40406
for applications, and shall establish criteria for the selection	40407
of students to receive scholarships from among all those applying	40408
prior to the deadline, which criteria shall give preference to	40409
students from low-income families. The state superintendent shall	40410
notify students of their selection prior to the fifteenth day of	40411
January.	40412

(1) A student receiving a pilot project scholarship may	40413
utilize it at an alternative public school by notifying the	40414
district superintendent, at any time before the beginning of the	40415
school year, of the name of the public school in an adjacent	40416
school district to which the student has been accepted pursuant to	40417
section 3327.06 of the Revised Code.	40418

(2) A student may decide to utilize a pilot project	40419
scholarship at a registered private school in the district if all	40420
of the following conditions are met:	40421

(a) By the fifteenth day of February of the preceding school	40422
year, or at any time prior to the start of the school year, the	40423
parent makes an application on behalf of the student to a	40424
registered private school.	40425

(b) The registered private school notifies the parent and the	40426
state superintendent as follows that the student has been	40427
admitted:	40428

(i) By the fifteenth day of March of the preceding school	40429
year if the student filed an application by the fifteenth day of	40430
February and was admitted by the school pursuant to division (A)	40431
of section 3313.977 of the Revised Code;	40432

(ii) Within one week of the decision to admit the student if	40433
the student is admitted pursuant to division (C) of section	40434
3313.977 of the Revised Code.	40435

(c) The student actually enrolls in the registered private	40436
school to which the student was first admitted or in another	40437
registered private school in the district or in a public school in	40438
an adjacent school district.	40439

(B) The state superintendent shall also award in any school	40440
year tutorial assistance grants to a number of students equal to	40441
the number of students who receive scholarships under division (A)	40442
of this section. Tutorial assistance grants shall be awarded	40443
solely to students who are enrolled in the public schools of the	40444
district in a grade level covered by the pilot project. Tutorial	40445
assistance grants may be used solely to obtain tutorial assistance	40446
from a provider approved pursuant to division (D) of section	40447
3313.976 of the Revised Code.	40448

All students wishing to obtain tutorial assistance grants	40449
shall make application to the state superintendent by the first	40450
day of the school year in which the assistance will be used. The	40451
state superintendent shall award assistance grants in accordance	40452
with criteria the superintendent shall establish.	40453

(C)(1) In the case of basic scholarships for students in	40454
grades kindergarten through eight, the scholarship amount shall	40455
not exceed the lesser of the net tuition charges of the	40456
alternative school the scholarship recipient attends or ~~three~~	40457
~~thousand dollars before fiscal year 2007, three thousand four~~	40458
~~hundred fifty dollars in fiscal year 2007 through fiscal year~~	40459
~~2011, and~~ four thousand two hundred fifty dollars in fiscal year	40460
2012 and thereafter.	40461

In the case of basic scholarships for students in grades nine	40462
through twelve, the scholarship amount shall not exceed the lesser	40463
of the net tuition charges of the alternative school the	40464
scholarship recipient attends or ~~two thousand seven hundred~~	40465
~~dollars before fiscal year 2007, three thousand four hundred fifty~~	40466
~~dollars in fiscal year 2007 through fiscal year 2011, and~~ five	40467
thousand dollars in fiscal year 2012 and ~~thereafter~~fiscal year	40468
2013, and five thousand seven hundred dollars in fiscal year 2014	40469
and thereafter.	40470

The net tuition and fees charged to a student shall be the	40471
tuition amount specified by the alternative school minus all other	40472
financial aid, discounts, and adjustments received for the	40473
student. In cases where discounts are offered for multiple	40474
students from the same family, and not all students in the same	40475
family are scholarship recipients, the net tuition amount	40476
attributable to the scholarship recipient shall be the lowest net	40477
tuition to which the family is entitled.	40478

(2) The state superintendent shall provide for an increase in	40479
the basic scholarship amount in the case of any student who is a	40480
mainstreamed student with a disability and shall further increase	40481
such amount in the case of any separately educated student with a	40482
disability. Such increases shall take into account the	40483
instruction, related services, and transportation costs of	40484
educating such students.	40485

(3) In the case of tutorial assistance grants, the grant	40486
amount shall not exceed the lesser of the provider's actual	40487
charges for such assistance or:	40488

(a) Before fiscal year 2007, a percentage established by the	40489
state superintendent, not to exceed twenty per cent, of the amount	40490
of the pilot project school district's average basic scholarship	40491
amount;	40492

(b) In fiscal year 2007 and thereafter, four hundred dollars.

40493

(D)(1) Annually by the first day of November, the state	40494
superintendent shall estimate the maximum per-pupil scholarship	40495
amounts for the ensuing school year. The state superintendent	40496
shall make this estimate available to the general public at the	40497
offices of the district board of education together with the forms	40498
required by division (D)(2) of this section.	40499

(2) Annually by the fifteenth day of January, the chief	40500
administrator of each registered private school located in the	40501
pilot project district and the principal of each public school in	40502
such district shall complete a parental information form and	40503
forward it to the president of the board of education. The	40504
parental information form shall be prescribed by the department of	40505
education and shall provide information about the grade levels	40506
offered, the numbers of students, tuition amounts, achievement	40507
test results, and any sectarian or other organizational	40508
affiliations.	40509

(E)(1) Only for the purpose of administering the pilot	40510
project scholarship program, the department may request from any	40511
of the following entities the data verification code assigned	40512
under division (D)(2) of section 3301.0714 of the Revised Code to	40513
any student who is seeking a scholarship under the program:	40514

(a) The school district in which the student is entitled to	40515
attend school under section 3313.64 or 3313.65 of the Revised	40516
Code;	40517

(b) If applicable, the community school in which the student	40518
is enrolled;	40519

(c) The independent contractor engaged to create and maintain	40520
data verification codes.	40521

(2) Upon a request by the department under division (E)(1) of	40522
this section for the data verification code of a student seeking a	40523
scholarship or a request by the student's parent for that code,	40524
the school district or community school shall submit that code to	40525
the department or parent in the manner specified by the	40526
department. If the student has not been assigned a code, because	40527
the student will be entering kindergarten during the school year	40528
for which the scholarship is sought, the district shall assign a	40529
code to that student and submit the code to the department or	40530
parent by a date specified by the department. If the district does	40531
not assign a code to the student by the specified date, the	40532
department shall assign a code to the student.	40533

The department annually shall submit to each school district	40534
the name and data verification code of each student residing in	40535
the district who is entering kindergarten, who has been awarded a	40536
scholarship under the program, and for whom the department has	40537
assigned a code under this division.	40538

(3) The department shall not release any data verification	40539
code that it receives under division (E) of this section to any	40540
person except as provided by law.	40541

(F) Any document relative to the pilot project scholarship	40542
program that the department holds in its files that contains both	40543
a student's name or other personally identifiable information and	40544
the student's data verification code shall not be a public record	40545
under section 149.43 of the Revised Code.	40546

(G)(1) The department annually shall compile the scores	40547
attained by scholarship students enrolled in registered private	40548
schools on the assessments administered to the students pursuant	40549
to division (A)(11) of section 3313.976 of the Revised Code. The	40550
scores shall be aggregated as follows:	40551

(a) By school district, which shall include all scholarship	40552
students residing in the pilot project school district who are	40553
enrolled in a registered private school and were required to take	40554
an assessment pursuant to division (A)(11) of section 3313.976 of	40555
the Revised Code;	40556

(b) By registered private school, which shall include all	40557
scholarship students enrolled in that school who were required to	40558
take an assessment pursuant to division (A)(11) of section	40559
3313.976 of the Revised Code.	40560

(2) The department shall disaggregate the student performance	40561
data described in division (G)(1) of this section according to the	40562
following categories:	40563

(a) Grade level;

40564

(b) Race and ethnicity;

40565

40566

(d) Students who have participated in the scholarship program	40567
for three or more years;	40568

(e) Students who have participated in the scholarship program	40569
for more than one year and less than three years;	40570

(f) Students who have participated in the scholarship program	40571
for one year or less;	40572

(g) Economically disadvantaged students.

40573

(3) The department shall post the student performance data	40574
required under divisions (G)(1) and (2) of this section on its web	40575
site and shall include that data in the information about the	40576
scholarship program provided to students under division (A) of	40577
this section. In reporting student performance data under this	40578
division, the department shall not include any data that is	40579
statistically unreliable or that could result in the	40580
identification of individual students. For this purpose, the	40581
department shall not report performance data for any group that	40582
contains less than ten students.	40583

(4) The department shall provide the parent of each	40584
scholarship student enrolled in a registered private school with	40585
information comparing the student's performance on the assessments	40586
administered pursuant to division (A)(11) of section 3313.976 of	40587
the Revised Code with the average performance of similar students	40588
enrolled in the building operated by the pilot project school	40589
district that the scholarship student would otherwise attend. In	40590
calculating the performance of similar students, the department	40591
shall consider age, grade, race and ethnicity, gender, and	40592
socioeconomic status.	40593

Sec. 3313.98. Notwithstanding division (D) of section	40594
3311.19 and division (D) of section 3311.52 of the Revised Code,	40595
the provisions of this section and sections 3313.981 to 3313.983	40596
of the Revised Code that apply to a city school district do not	40597
apply to a joint vocational or cooperative education school	40598
district unless expressly specified.	40599

(A) As used in this section and sections 3313.981 to 3313.983	40600
of the Revised Code:	40601

(1) "Parent" means either of the natural or adoptive parents	40602
of a student, except under the following conditions:	40603

(a) When the marriage of the natural or adoptive parents of	40604
the student has been terminated by a divorce, dissolution of	40605
marriage, or annulment or the natural or adoptive parents of the	40606
student are living separate and apart under a legal separation	40607
decree and the court has issued an order allocating the parental	40608
rights and responsibilities with respect to the student, "parent"	40609
means the residential parent as designated by the court except	40610
that "parent" means either parent when the court issues a shared	40611
parenting decree.	40612

(b) When a court has granted temporary or permanent custody	40613
of the student to an individual or agency other than either of the	40614
natural or adoptive parents of the student, "parent" means the	40615
legal custodian of the child.	40616

(c) When a court has appointed a guardian for the student,	40617
"parent" means the guardian of the student.	40618

(2) "Native student" means a student entitled under section	40619
3313.64 or 3313.65 of the Revised Code to attend school in a	40620
district adopting a resolution under this section.	40621

(3) "Adjacent district" means a city, exempted village, or	40622
local school district having territory that abuts the territory of	40623
a district adopting a resolution under this section.	40624

(4) "Adjacent district student" means a student entitled	40625
under section 3313.64 or 3313.65 of the Revised Code to attend	40626
school in an adjacent district.	40627

(5) "Adjacent district joint vocational student" means an	40628
adjacent district student who enrolls in a city, exempted village,	40629
or local school district pursuant to this section and who also	40630
enrolls in a joint vocational school district that does not	40631
contain the territory of the district for which that student is a	40632
native student and does contain the territory of the city,	40633
exempted village, or local district in which the student enrolls.	40634

(6) "Formula amount" has the same meaning as in section	40635
3317.02 of the Revised Code.	40636

(7) ~~"Adjusted formula amount" means the sum of the formula~~	40637
~~amount plus the per pupil amount of the base funding supplements~~	40638
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	40639
~~Revised Code for fiscal year 2009.~~	40640

~~(8)~~ "Poverty line" means the poverty line established by the	40641
director of the United States office of management and budget as	40642
revised by the ~~director~~secretary of ~~the office of community~~	40643
health and human services in accordance with section 673(2) of the	40644
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	40645
9902, as amended.	40646

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	40647
the Revised Code.	40648

~~(10)~~(9) "Other district" means a city, exempted village, or	40649
local school district having territory outside of the territory of	40650
a district adopting a resolution under this section.	40651

~~(11)~~(10) "Other district student" means a student entitled	40652
under section 3313.64 or 3313.65 of the Revised Code to attend	40653
school in an other district.	40654

~~(12)~~(11) "Other district joint vocational student" means a	40655
student who is enrolled in any city, exempted village, or local	40656
school district and who also enrolls in a joint vocational school	40657
district that does not contain the territory of the district for	40658
which that student is a native student in accordance with a policy	40659
adopted under section 3313.983 of the Revised Code.	40660

(B)(1) The board of education of each city, local, and	40661
exempted village school district shall adopt a resolution	40662
establishing for the school district one of the following	40663
policies:	40664

(a) A policy that entirely prohibits the enrollment of	40665
students from adjacent districts or other districts, other than	40666
students for whom tuition is paid in accordance with section	40667
3317.08 of the Revised Code;	40668

(b) A policy that permits enrollment of students from all	40669
adjacent districts in accordance with policy statements contained	40670
in the resolution;	40671

(c) A policy that permits enrollment of students from all	40672
other districts in accordance with policy statements contained in	40673
the resolution.	40674

(2) A policy permitting enrollment of students from adjacent	40675
or from other districts, as applicable, shall provide for all of	40676
the following:	40677

(a) Application procedures, including deadlines for	40678
application and for notification of students and the	40679
superintendent of the applicable district whenever an adjacent or	40680
other district student's application is approved.	40681

(b) Procedures for admitting adjacent or other district	40682
applicants free of any tuition obligation to the district's	40683
schools, including, but not limited to:	40684

(i) The establishment of district capacity limits by grade	40685
level, school building, and education program;	40686

(ii) A requirement that all native students wishing to be	40687
enrolled in the district will be enrolled and that any adjacent or	40688
other district students previously enrolled in the district shall	40689
receive preference over first-time applicants;	40690

(iii) Procedures to ensure that an appropriate racial balance	40691
is maintained in the district schools.	40692

(C) Except as provided in section 3313.982 of the Revised	40693
Code, the procedures for admitting adjacent or other district	40694
students, as applicable, shall not include:	40695

(1) Any requirement of academic ability, or any level of	40696
athletic, artistic, or other extracurricular skills;	40697

(2) Limitations on admitting applicants because of	40698
disability, except that a board may refuse to admit a student	40699
receiving services under Chapter 3323. of the Revised Code, if the	40700
services described in the student's IEP are not available in the	40701
district's schools;	40702

(3) A requirement that the student be proficient in the	40703
English language;	40704

(4) Rejection of any applicant because the student has been	40705
subject to disciplinary proceedings, except that if an applicant	40706
has been suspended or expelled by the student's district for ten	40707
consecutive days or more in the term for which admission is sought	40708
or in the term immediately preceding the term for which admission	40709
is sought, the procedures may include a provision denying	40710
admission of such applicant.	40711

(D)(1) Each school board permitting only enrollment of	40712
adjacent district students shall provide information about the	40713
policy adopted under this section, including the application	40714
procedures and deadlines, to the superintendent and the board of	40715
education of each adjacent district and, upon request, to the	40716
parent of any adjacent district student.	40717

(2) Each school board permitting enrollment of other district	40718
students shall provide information about the policy adopted under	40719
this section, including the application procedures and deadlines,	40720
upon request, to the board of education of any other school	40721
district or to the parent of any student anywhere in the state.	40722

(E) Any school board shall accept all credits toward	40723
graduation earned in adjacent or other district schools by an	40724
adjacent or other district student or a native student.	40725

(F)(1) No board of education may adopt a policy discouraging	40726
or prohibiting its native students from applying to enroll in the	40727
schools of an adjacent or any other district that has adopted a	40728
policy permitting such enrollment, except that:	40729

(a) A district may object to the enrollment of a native	40730
student in an adjacent or other district in order to maintain an	40731
appropriate racial balance.	40732

(b) The board of education of a district receiving funds	40733
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	40734
may adopt a resolution objecting to the enrollment of its native	40735
students in adjacent or other districts if at least ten per cent	40736
of its students are included in the determination of the United	40737
States secretary of education made under section 20 U.S.C.A.	40738
238(a).	40739

(2) If a board objects to enrollment of native students under	40740
this division, any adjacent or other district shall refuse to	40741
enroll such native students unless tuition is paid for the	40742
students in accordance with section 3317.08 of the Revised Code.	40743
An adjacent or other district enrolling such students may not	40744
receive funding for those students in accordance with section	40745
3313.981 of the Revised Code.	40746

(G) The state board of education shall monitor school	40747
districts to ensure compliance with this section and the	40748
districts' policies. The board may adopt rules requiring uniform	40749
application procedures, deadlines for application, notification	40750
procedures, and record-keeping requirements for all school boards	40751
that adopt policies permitting the enrollment of adjacent or other	40752
district students, as applicable. If the state board adopts such	40753
rules, no school board shall adopt a policy that conflicts with	40754
those rules.	40755

(H) A resolution adopted by a board of education under this	40756
section that entirely prohibits the enrollment of students from	40757
adjacent and from other school districts does not abrogate any	40758
agreement entered into under section 3313.841 or 3313.92 of the	40759
Revised Code or any contract entered into under section 3313.90 of	40760
the Revised Code between the board of education adopting the	40761
resolution and the board of education of any adjacent or other	40762
district or prohibit these boards of education from entering into	40763
any such agreement or contract.	40764

(I) Nothing in this section shall be construed to permit or	40765
require the board of education of a city, exempted village, or	40766
local school district to exclude any native student of the	40767
district from enrolling in the district.	40768

Sec. 3313.981. (A) The state board of education shall adopt	40769
rules requiring all of the following:	40770

(1) The board of education of each city, exempted village,	40771
and local school district to annually report to the department of	40772
education all of the following:	40773

(a) The number of adjacent district or other district	40774
students, as applicable, and adjacent district or other district	40775
joint vocational students, as applicable, enrolled in the district	40776
and the number of native students enrolled in adjacent or other	40777
districts, in accordance with a policy adopted under division (B)	40778
of section 3313.98 of the Revised Code;	40779

(b) Each adjacent district or other district student's or	40780
adjacent district or other district joint vocational student's	40781
date of enrollment in the district;	40782

(c) The full-time equivalent number of adjacent district or	40783
other district students enrolled in ~~vocational~~each of the	40784
categories of career-technical education programs or classes	40785
described in ~~division (A) of~~ section 3317.014 of the Revised Code	40786
~~and the full-time equivalent number of such students enrolled in~~	40787
~~vocational education programs or classes described in division (B)~~	40788
~~of that section~~;	40789

(d) Each native student's date of enrollment in an adjacent	40790
or other district.	40791

(2) The board of education of each joint vocational school	40792
district to annually report to the department all of the	40793
following:	40794

(a) The number of adjacent district or other district joint	40795
vocational students, as applicable, enrolled in the district;	40796

(b) The full-time equivalent number of adjacent district or	40797
other district joint vocational students enrolled in ~~vocational~~	40798
each category of career-technical education programs or classes	40799
described in ~~division (A) of~~ section 3317.014 of the Revised Code	40800
~~and the full-time equivalent number of such students enrolled in~~	40801
~~vocational education programs or classes described in division (B)~~	40802
~~of that section~~;	40803

(c) For each adjacent district or other district joint	40804
vocational student, the city, exempted village, or local school	40805
district in which the student is also enrolled.	40806

(3) Prior to the first full school week in October each year,	40807
the superintendent of each city, local, or exempted village school	40808
district that admits adjacent district or other district students	40809
or adjacent district or other district joint vocational students	40810
in accordance with a policy adopted under division (B) of section	40811
3313.98 of the Revised Code to notify each adjacent or other	40812
district where those students are entitled to attend school under	40813
section 3313.64 or 3313.65 of the Revised Code of the number of	40814
the adjacent or other district's native students who are enrolled	40815
in the superintendent's district under the policy.	40816

The rules shall provide for the method of counting students	40817
who are enrolled for part of a school year in an adjacent or other	40818
district or as an adjacent district or other district joint	40819
vocational student.	40820

(B) From the payments made to a city, exempted village, or	40821
local school district under Chapter 3317. of the Revised Code and,	40822
if necessary, from the payments made to the district under	40823
sections 321.24 and 323.156 of the Revised Code, the department of	40824
education shall annually subtract both of the following:	40825

(1) An amount equal to the number of the district's native	40826
students reported under division (A)(1) of this section who are	40827
enrolled in adjacent or other school districts pursuant to	40828
policies adopted by such districts under division (B) of section	40829
3313.98 of the Revised Code multiplied by the ~~adjusted~~ formula	40830
amount;	40831

(2) The excess costs computed in accordance with division (E)	40832
of this section for any such native students receiving special	40833
education and related services in adjacent or other school	40834
districts or as an adjacent district or other district joint	40835
vocational student;	40836

(3) For the full-time equivalent number the formula amount of	40837
the district's native students reported under division (A)(1)(c)	40838
or (2)(b) of this section as enrolled in ~~vocational~~	40839
career-technical education programs or classes described in	40840
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	40841
the formula amount times the applicable multiple prescribed by	40842
that section.	40843

(C) To the payments made to a city, exempted village, or	40844
local school district under Chapter 3317. of the Revised Code, the	40845
department of education shall annually add all of the following:	40846

(1) An amount equal to the ~~adjusted~~ formula amount multiplied	40847
by the remainder obtained by subtracting the number of adjacent	40848
district or other district joint vocational students from the	40849
number of adjacent district or other district students enrolled in	40850
the district, as reported under division (A)(1) of this section;	40851

(2) The excess costs computed in accordance with division (E)	40852
of this section for any adjacent district or other district	40853
students, except for any adjacent or other district joint	40854
vocational students, receiving special education and related	40855
services in the district;	40856

(3) For the full-time equivalent number of the adjacent or	40857
other district students who are not adjacent district or other	40858
district joint vocational students and are reported under division	40859
(A)(1)(c) of this section as enrolled in ~~vocational~~	40860
career-technical education programs or classes described in	40861
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	40862
the formula amount times the applicable multiple prescribed by	40863
that section;	40864

(4) An amount equal to the number of adjacent district or	40865
other district joint vocational students reported under division	40866
(A)(1) of this section multiplied by an amount equal to twenty per	40867
cent of the ~~adjusted~~ formula amount.	40868

(D) To the payments made to a joint vocational school	40869
district under Chapter 3317. of the Revised Code, the department	40870
of education shall add, for each adjacent district or other	40871
district joint vocational student reported under division (A)(2)	40872
of this section, both of the following:	40873

(1) The ~~adjusted~~ formula amount;

40874

(2) An amount equal to the full-time equivalent number of	40875
students reported pursuant to division (A)(2)(b) of this section	40876
times ~~$5,732~~the formula amount times the applicable multiple	40877
prescribed by section 3317.014 of the Revised Code.	40878

(E)(1) A city, exempted village, or local school board	40879
providing special education and related services to an adjacent or	40880
other district student in accordance with an IEP shall, pursuant	40881
to rules of the state board, compute the excess costs to educate	40882
such student as follows:	40883

(a) Subtract the ~~adjusted~~ formula amount from the actual	40884
costs to educate the student;	40885

(b) From the amount computed under division (E)(1)(a) of this	40886
section subtract the amount of any funds received by the district	40887
under Chapter 3317. of the Revised Code to provide special	40888
education and related services to the student.	40889

(2) The board shall report the excess costs computed under	40890
this division to the department of education.	40891

(3) If any student for whom excess costs are computed under	40892
division (E)(1) of this section is an adjacent or other district	40893
joint vocational student, the department of education shall add	40894
the amount of such excess costs to the payments made under Chapter	40895
3317. of the Revised Code to the joint vocational school district	40896
enrolling the student.	40897

(F) As provided in division (D)(1)(b) of section 3317.03 of	40898
the Revised Code, no joint vocational school district shall count	40899
any adjacent or other district joint vocational student enrolled	40900
in the district in its formula ADM certified under section 3317.03	40901
of the Revised Code.	40902

(G) No city, exempted village, or local school district shall	40903
receive a payment under division (C) of this section for a	40904
student, and no joint vocational school district shall receive a	40905
payment under division (D) of this section for a student, if for	40906
the same school year that student is counted in the district's	40907
formula ADM certified under section 3317.03 of the Revised Code.	40908

(H) Upon request of a parent, and provided the board offers	40909
transportation to native students of the same grade level and	40910
distance from school under section 3327.01 of the Revised Code, a	40911
city, exempted village, or local school board enrolling an	40912
adjacent or other district student shall provide transportation	40913
for the student within the boundaries of the board's district,	40914
except that the board shall be required to pick up and drop off a	40915
nonhandicapped student only at a regular school bus stop	40916
designated in accordance with the board's transportation policy.	40917
Pursuant to rules of the state board of education, such board may	40918
reimburse the parent from funds received for pupil transportation	40919
under section 3317.0212 of the Revised Code, or other provisions	40920
of law, for the reasonable cost of transportation from the	40921
student's home to the designated school bus stop if the student's	40922
family has an income below the federal poverty line.	40923

Sec. 3314.015. (A) The department of education shall be	40924
responsible for the oversight of any and all sponsors of the	40925
community schools established under this chapter and shall provide	40926
technical assistance to schools and sponsors in their compliance	40927
with applicable laws and the terms of the contracts entered into	40928
under section 3314.03 of the Revised Code and in the development	40929
and start-up activities of those schools. In carrying out its	40930
duties under this section, the department shall do all of the	40931
following:	40932

(1) In providing technical assistance to proposing parties,	40933
governing authorities, and sponsors, conduct training sessions and	40934
distribute informational materials;	40935

(2) Approve entities to be sponsors of community schools;

40936

(3) Monitor and evaluate, as required under section 3314.016	40937
of the Revised Code, the effectiveness of any and all sponsors in	40938
their oversight of the schools with which they have contracted;	40939

(4) By December thirty-first of each year, issue a report to	40940
the governor, the speaker of the house of representatives, the	40941
president of the senate, and the chairpersons of the house and	40942
senate committees principally responsible for education matters	40943
regarding the effectiveness of academic programs, operations, and	40944
legal compliance and of the financial condition of all community	40945
schools established under this chapter and on the performance of	40946
community school sponsors;	40947

(5) From time to time, make legislative recommendations to	40948
the general assembly designed to enhance the operation and	40949
performance of community schools.	40950

(B)(1) Except as provided in sections 3314.021 and 3314.027	40951
of the Revised Code, no entity listed in division (C)(1) of	40952
section 3314.02 of the Revised Code shall enter into a preliminary	40953
agreement under division (C)(2) of section 3314.02 of the Revised	40954
Code until it has received approval from the department of	40955
education to sponsor community schools under this chapter and has	40956
entered into a written agreement with the department regarding the	40957
manner in which the entity will conduct such sponsorship. The	40958
department shall adopt in accordance with Chapter 119. of the	40959
Revised Code rules containing criteria, procedures, and deadlines	40960
for processing applications for such approval, for oversight of	40961
sponsors, for notifying a sponsor of noncompliance with applicable	40962
laws and administrative rules under division (F) of this section,	40963
for revocation of the approval of sponsors under division (C) of	40964
this section, and for entering into written agreements with	40965
sponsors. The rules shall require an entity to submit evidence of	40966
the entity's ability and willingness to comply with the provisions	40967
of division (D) of section 3314.03 of the Revised Code. The rules	40968
also shall require entities approved as sponsors on and after June	40969
30, 2005, to demonstrate a record of financial responsibility and	40970
successful implementation of educational programs. If an entity	40971
seeking approval on or after June 30, 2005, to sponsor community	40972
schools in this state sponsors or operates schools in another	40973
state, at least one of the schools sponsored or operated by the	40974
entity must be comparable to or better than the performance of	40975
Ohio schools in need of continuous improvement under section	40976
3302.03 of the Revised Code, as determined by the department.	40977

Subject to section 3314.016 of the Revised Code, an entity	40978
that sponsors community schools may enter into preliminary	40979
agreements and sponsor up to one hundred schools, provided each	40980
school and the contract for sponsorship meets the requirements of	40981
this chapter.	40982

(2) The state board of education shall determine, pursuant to	40983
criteria specified in rules adopted in accordance with Chapter	40984
119. of the Revised Code, whether the mission proposed to be	40985
specified in the contract of a community school to be sponsored by	40986
a state university board of trustees or the board's designee under	40987
division (C)(1)(e) of section 3314.02 of the Revised Code complies	40988
with the requirements of that division. Such determination of the	40989
state board is final.	40990

(3) The state board of education shall determine, pursuant to	40991
criteria specified in rules adopted in accordance with Chapter	40992
119. of the Revised Code, if any tax-exempt entity under section	40993
501(c)(3) of the Internal Revenue Code that is proposed to be a	40994
sponsor of a community school is an education-oriented entity for	40995
purpose of satisfying the condition prescribed in division	40996
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	40997
determination of the state board is final.	40998

(C) If at any time the state board of education finds that a	40999
sponsor is not in compliance or is no longer willing to comply	41000
with its contract with any community school or with the	41001
department's rules for sponsorship, the state board or designee	41002
shall conduct a hearing in accordance with Chapter 119. of the	41003
Revised Code on that matter. If after the hearing, the state board	41004
or designee has confirmed the original finding, the department of	41005
education may revoke the sponsor's approval to sponsor community	41006
schools. In that case, the department's office of Ohio school	41007
sponsorship, established under section 3314.029 of the Revised	41008
Code, may assume the sponsorship of any schools with which the	41009
sponsor has contracted until the earlier of the expiration of two	41010
school years or until a new sponsor as described in division	41011
(C)(1) of section 3314.02 of the Revised Code is secured by the	41012
school's governing authority. The office of Ohio school	41013
sponsorship may extend the term of the contract in the case of a	41014
school for which it has assumed sponsorship under this division as	41015
necessary to accommodate the term of the department's	41016
authorization to sponsor the school specified in this division.	41017
Community schools sponsored under this division shall not apply to	41018
the limit on directly authorized community schools under division	41019
(A)(3) of section 3314.029 of the Revised Code. However, nothing	41020
in this division shall preclude a community school affected by	41021
this division from applying for sponsorship under that section.	41022

(D) The decision of the department to disapprove an entity	41023
for sponsorship of a community school or to revoke approval for	41024
such sponsorship under division (C) of this section, may be	41025
appealed by the entity in accordance with section 119.12 of the	41026
Revised Code.	41027

(E) The department shall adopt procedures for use by a	41028
community school governing authority and sponsor when the school	41029
permanently closes and ceases operation, which shall include at	41030
least procedures for data reporting to the department, handling of	41031
student records, distribution of assets in accordance with section	41032
3314.074 of the Revised Code, and other matters related to ceasing	41033
operation of the school.	41034

(F)(1) In lieu of revoking a sponsor's authority to sponsor	41035
community schools under division (C) of this section, if the	41036
department finds that a sponsor is not in compliance with	41037
applicable laws and administrative rules, the department shall	41038
declare in a written notice to the sponsor the specific laws or	41039
rules, or both, for which the sponsor is noncompliant. A sponsor	41040
notified under division (F)(1) of this section shall respond to	41041
the department not later than fourteen days after the notification	41042
with a plan to remedy the conditions for which the sponsor was	41043
found to be noncompliant. Not later than sixty days after	41044
receiving a notification of noncompliance from the department, the	41045
sponsor shall implement the compliance plan. If a sponsor does not	41046
respond to the department or implement a compliance plan by the	41047
deadlines prescribed by division (F)(1) of this section, the	41048
department shall declare in written notice to the school that the	41049
school is in probationary status, and may limit the sponsor's	41050
ability to sponsor additional schools.	41051

(2) A sponsor that has been placed on probationary status	41052
under division (F)(1) of this section may apply to the department	41053
for its probationary status to be lifted. The application for a	41054
sponsor's probationary status to be lifted shall include evidence,	41055
occurring after the initial notification of noncompliance, of the	41056
sponsor's compliance with applicable laws and administrative	41057
rules. Not later than fourteen days after receiving an application	41058
from the sponsor, the department shall decide whether or not to	41059
remove the sponsor's probationary status.	41060

(G) In carrying out its duties under this chapter, the	41061
department shall not impose requirements on community schools or	41062
their sponsors that are not permitted by law or duly adopted	41063
rules.	41064

(H) This section applies to entities that sponsor conversion	41065
community schools and new start-up schools.	41066

Sec. 3314.017. (A) The state board of education shall	41067
prescribe by rules, adopted in accordance with Chapter 119. of the	41068
Revised Code, an academic performance rating and report card	41069
system that satisfies the requirements of this section for	41070
community schools that primarily serve students enrolled in	41071
dropout prevention and recovery programs as described in division	41072
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	41073
lieu of the system prescribed under sections 3302.03 and 3314.012	41074
of the Revised Code beginning with the 2012-2013 school year. Each	41075
such school shall comply with the testing and reporting	41076
requirements of the system as prescribed by the state board.	41077

(B) Nothing in this section shall at any time relieve a	41078
school from its obligations under the "No Child Left Behind Act of	41079
2001" to make "adequate yearly progress," as both that act and	41080
that term are defined in section 3302.01 of the Revised Code, or a	41081
school's amenability to the provisions of section 3302.04 or	41082
3302.041 of the Revised Code. The department shall continue to	41083
report each school's performance as required by the act and to	41084
enforce applicable sanctions under section 3302.04 or 3302.041 of	41085
the Revised Code.	41086

(C) The rules adopted by the state board shall prescribe the	41087
following performance indicators for the rating and report card	41088
system required by this section:	41089

(1) Graduation rate for each of the following student	41090
cohorts:	41091

(a) The number of students who graduate in four years or less	41092
with a regular high school diploma divided by the number of	41093
students who form the adjusted cohort for the graduating class;	41094

(b) The number of students who graduate in five years with a	41095
regular high school diploma divided by the number of students who	41096
form the adjusted cohort for the four-year graduation rate;	41097

(c) The number of students who graduate in six years with a	41098
regular high school diploma divided by the number of students who	41099
form the adjusted cohort for the four-year graduation rate;	41100

(d) The number of students who graduate in seven years with a	41101
regular high school diploma divided by the number of students who	41102
form the adjusted cohort for the four-year graduation rate;	41103

(e) The number of students who graduate in eight years with a	41104
regular high school diploma divided by the number of students who	41105
form the adjusted cohort for the four-year graduation rate.	41106

(2) The percentage of twelfth-grade students currently	41107
enrolled in the school who have attained the designated passing	41108
score on all of the applicable state high school achievement	41109
assessments required under division (B)(1) or (2) of section	41110
3301.0710 of the Revised Code and other students enrolled in the	41111
school, regardless of grade level, who are within three months of	41112
their twenty-second birthday and have attained the designated	41113
passing score on all of the applicable state high school	41114
achievement assessments by their twenty-second birthday;	41115

(3) Annual measurable objectives as defined in section	41116
3302.01 of the Revised Code;	41117

(4) Growth in student achievement in reading, or mathematics,	41118
or both as measured by separate nationally norm-referenced	41119
assessments that have developed appropriate standards for students	41120
enrolled in dropout prevention and recovery programs, adopted or	41121
approved by the state board.	41122

(D)(1) The state board's rules shall prescribe the expected	41123
performance levels and benchmarks for each of the indicators	41124
prescribed by division (C) of this section based on the data	41125
gathered by the department under division (F) of this section.	41126
Based on a school's level of attainment or nonattainment of the	41127
expected performance levels and benchmarks for each of the	41128
indicators, the department shall rate each school in one of the	41129
following categories:	41130

(a) Exceeds standards;

41131

(b) Meets standards;

41132

41133

(2) The state board's rules shall establish all of the	41134
following:	41135

(a) Not later than June 30, 2013, performance levels and	41136
benchmarks for the indicators described in divisions (C)(1) to (3)	41137
of this section;	41138

(b) Not later than December 31, 2014, both of the following:

41139

(i) Performance levels and benchmarks for the indicator	41140
described in division (C)(4) of this section;	41141

(ii) Standards for awarding a community school described in	41142
division (A)(4)(a) of section 3314.35 of the Revised Code an	41143
overall designation, which shall be calculated as follows:	41144

(I) Thirty per cent of the score shall be based on the	41145
indicators described in division (C)(1) of this section that are	41146
applicable to the school year for which the overall designation is	41147
granted.	41148

(II) Thirty per cent of the score shall be based on the	41149
indicators described in division (C)(4) of this section.	41150

(III) Twenty per cent of the score shall be based on the	41151
indicators described in division (C)(2) of this section.	41152

(IV) Twenty per cent of the score shall be based on the	41153
indicators described in division (C)(3) of this section.	41154

(3) If both of the indicators described in divisions (C)(1)	41155
and (2) of this section improve by ten per cent for two	41156
consecutive years, a school shall be rated asnot less than "meets	41157
standards."	41158

The rating and the relevant performance data for each school	41159
shall be posted on the department's web site, and a copy of the	41160
rating and data shall be provided to the governing authority of	41161
the community school.	41162

(E)(1) For the 2012-2013 school year, the department shall	41163
issue a report card including the following performance measures,	41164
but without a performance rating as described in divisions	41165
(D)(1)(a) to (c) of this section, for each community school	41166
described in division (A)(4)(a) of section 3314.35 of the Revised	41167
Code:	41168

(a) The graduation rates as described in divisions (C)(1)(a)	41169
to (c) of this section;	41170

(b) The percentage of twelfth-grade students and other	41171
students who have attained a designated passing score on high	41172
school achievement assessments as described in division (C)(2) of	41173
this section;	41174

(c) The statewide average for the graduation rates and	41175
assessment passage rates described in divisions (C)(1)(a) to (c)	41176
and (C)(2) of this section;	41177

(d) Annual measurable objectives described in division (C)(3)	41178
of this section.	41179

(2) For the 2013-2014 school year, the department shall issue	41180
a report card including the following performance measures for	41181
each community school described in division (A)(4) of section	41182
3314.35 of the Revised Code:	41183

(a) The graduation rates described in divisions (C)(1)(a) to	41184
(d) of this section, including a performance rating as described	41185
in divisions (D)(1)(a) to (c) of this section;	41186

(b) The percentage of twelfth-grade students and other	41187
students who have attained a designated passing score on high	41188
school achievement assessments as described in division (C)(2) of	41189
this section, including a performance rating as described in	41190
divisions (D)(1)(a) to (c) of this section;	41191

(c) Annual measurable objectives described in division (C)(3)	41192
of this section, including a performance rating as described in	41193
divisions (D)(1)(a) to (c) of this section;	41194

(d) Both of the following without an assigned rating:

41195

(i) Growth in annual student achievement in reading and	41196
mathematics described in division (C)(4) of this section, if	41197
available;	41198

(ii) Student outcome data, including postsecondary credit	41199
earned, nationally recognized career or technical certification,	41200
military enlistment, job placement, and attendance rate.	41201

(3) Beginning with the 2014-2015 school year, and annually	41202
thereafter, the department shall issue a report card for each	41203
community school described in division (A)(4)(a) of section	41204
3314.35 of the Revised Code that includes all of the following	41205
performance measures, including a performance rating for each	41206
measure as described in divisions (D)(1)(a) to (c) of this	41207
section:	41208

(a) The graduation rates as described in division (C)(1) of	41209
this section;	41210

(b) The percentage of twelfth-grade students and other	41211
students who have attained a designated passing score on high	41212
school achievement assessments as described in division (C)(2) of	41213
this section;	41214

(c) Annual measurable objectives described in division (C)(3)	41215
of this section, including a performance rating as described in	41216
divisions (D)(1)(a) to (c) of this section;	41217

(d) Growth in annual student achievement in reading and	41218
mathematics as described in division (C)(4) of this section;	41219

(e) An overall performance designation for the school	41220
calculated under rules adopted under division (D)(2) of this	41221
section.	41222

The department shall also include student outcome data,	41223
including postsecondary credit earned, nationally recognized	41224
career or technical certification, military enlistment, job	41225
placement, attendance rate, and progress on closing achievement	41226
gaps for each school. This information shall not be included in	41227
the calculation of a school's performance rating.	41228

(F) In developing the rating and report card system required	41229
by this section, during the 2012-2013 and 2013-2014 school years,	41230
the department shall gather and analyze data as determined	41231
necessary from each community school described in division	41232
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	41233
shall cooperate with the department by supplying requested data	41234
and administering required assessments, including sample	41235
assessments for purposes of measuring student achievement growth	41236
as described in division (C)(4) of this section. The department	41237
shall consult with stakeholder groups in performing its duties	41238
under this division.	41239

The department shall also identify one or more states that	41240
have established or are in the process of establishing similar	41241
academic performance rating systems for dropout prevention and	41242
recovery programs and consult with the departments of education of	41243
those states in developing the system required by this section.	41244

Sec. 3314.029. This section establishes the Ohio school	41245
sponsorship program. The department of education shall establish	41246
an office of Ohio school sponsorship to perform the department's	41247
duties prescribed by this section.	41248

(A)(1) Notwithstanding anything to the contrary in this	41249
chapter, but subject to section 3314.20 of the Revised Code, any	41250
person, group of individuals, or entity may apply to the	41251
department for direct authorization to establish a community	41252
school and, upon approval of the application, may establish the	41253
school. Notwithstanding anything to the contrary in this chapter,	41254
the governing authority of an existing community school, upon the	41255
expiration or termination of its contract with the school's	41256
sponsor entered into under section 3314.03 of the Revised Code,	41257
may apply to the department for direct authorization to continue	41258
operating the school and, upon approval of the application, may	41259
continue to operate the school.	41260

Each application submitted to the department shall include	41261
the following:	41262

(a) Evidence that the applicant will be able to comply with	41263
division (C) of this section;	41264

(b) A statement indicating that the applicant agrees to	41265
comply with all applicable provisions of this chapter, including	41266
the requirement to be established as a nonprofit corporation or	41267
public benefit corporation in accordance with division (A)(1) of	41268
section 3314.03 of the Revised Code;	41269

(c) A statement attesting that no unresolved finding of	41270
recovery has been issued by the auditor of state against any	41271
person, group of individuals, or entity that is a party to the	41272
application and that no person who is party to the application has	41273
been a member of the governing authority of any community school	41274
that has permanently closed and against which an unresolved	41275
finding of recovery has been issued by the auditor of state. In	41276
the case of an application submitted by the governing authority of	41277
an existing community school, a person who is party to the	41278
application shall include each individual member of that governing	41279
authority.	41280

(d) A statement that the school will be nonsectarian in its	41281
programs, admission policies, employment practices, and all other	41282
operations, and will not be operated by a sectarian school or	41283
religious institution;	41284

(e) A statement of whether the school is to be created by	41285
converting all or part of an existing public school or educational	41286
service center building or is to be a new start-up school. If it	41287
is a converted public school or service center building, the	41288
statement shall include a specification of any duties or	41289
responsibilities of an employer that the board of education or	41290
service center governing board that operated the school or	41291
building before conversion is delegating to the governing	41292
authority of the community school with respect to all or any	41293
specified group of employees, provided the delegation is not	41294
prohibited by a collective bargaining agreement applicable to such	41295
employees.	41296

(f) A statement that the school's teachers will be licensed	41297
in the manner prescribed by division (A)(10) of section 3314.03 of	41298
the Revised Code;	41299

(g) A statement that the school will comply with all of the	41300
provisions of law enumerated in divisions (A)(11)(d) and (e) of	41301
section 3314.03 of the Revised Code and of division (A)(11)(h) of	41302
that section, if applicable;	41303

(h) A statement that the school's graduation and curriculum	41304
requirements will comply with division (A)(11)(f) of section	41305
3314.03 of the Revised Code;	41306

(i) A description of each of the following:

41307

(i) The school's mission and educational program, the	41308
characteristics of the students the school is expected to attract,	41309
the ages and grade levels of students, and the focus of the	41310
curriculum;	41311

(ii) The school's governing authority, which shall be in	41312
compliance with division (E) of section 3314.02 of the Revised	41313
Code;	41314

(iii) The school's admission and dismissal policies, which	41315
shall be in compliance with divisions (A)(5) and (6) of section	41316
3314.03 of the Revised Code;	41317

(iv) The school's business plan, including a five-year	41318
financial forecast;	41319

(v) In the case of an application to establish a community	41320
school, the applicant's resources and capacity to establish and	41321
operate the school;	41322

(vi) The school's academic goals to be achieved and the	41323
method of measurement that will be used to determine progress	41324
toward those goals, which shall include the statewide achievement	41325
assessments;	41326

(vii) The facilities to be used by the school and their	41327
locations;	41328

(viii) A description of the learning opportunities that will	41329
be offered to students including both classroom-based and	41330
nonclassroom-based learning opportunities that are in compliance	41331
with criteria for student participation established by the	41332
department under division ~~(L)~~(H)(2) of section 3314.08 of the	41333
Revised Code.	41334

(2) Subject to division (A)(3) of this section, the	41335
department shall approve each application, unless, within thirty	41336
days after receipt of the application, the department determines	41337
that the application does not satisfy the requirements of division	41338
(A)(1) of this section and provides the applicant a written	41339
explanation of the reasons for the determination. In that case,	41340
the department shall grant the applicant thirty days to correct	41341
the insufficiencies in the application. If the department	41342
determines that the insufficiencies have been corrected, it shall	41343
approve the application. If the department determines that the	41344
insufficiencies have not been corrected, it shall deny the	41345
application and provide the applicant with a written explanation	41346
of the reasons for the denial. The denial of an application may be	41347
appealed in accordance with section 119.12 of the Revised Code.	41348

(3) For each of five school years, beginning with the school	41349
year that begins in the calendar year in which this section takes	41350
effect, the department may approve up to twenty applications for	41351
community schools to be established or to continue operation under	41352
division (A) of this section; however, of the twenty applications	41353
that may be approved each school year, only up to five may be for	41354
the establishment of new schools.	41355

(4) Notwithstanding division (A)(2) of this section, the	41356
department may deny an application submitted by the governing	41357
authority of an existing community school, if a previous sponsor	41358
of that school did not renew its contract with the school entered	41359
into under section 3314.03 of the Revised Code.	41360

(B) The department and the governing authority of each	41361
community school authorized under this section shall enter into a	41362
contract under section 3314.03 of the Revised Code.	41363
Notwithstanding division (A)(13) of that section, the contract	41364
with an existing community school may begin at any time during the	41365
academic year. The length of the initial contract of any community	41366
school under this section may be for any term up to five years.	41367
The contract may be renewed in accordance with division (E) of	41368
that section. The contract may provide for the school's governing	41369
authority to pay a fee for oversight and monitoring of the school	41370
that does not exceed three per cent of the total amount of	41371
payments for operating expenses that the school receives from the	41372
state.	41373

(C) The department may require a community school authorized	41374
under this section to post and file with the superintendent of	41375
public instruction a bond payable to the state or to file with the	41376
state superintendent a guarantee, which shall be used to pay the	41377
state any moneys owed by the community school in the event the	41378
school closes.	41379

(D) Except as otherwise provided in this section, a community	41380
school authorized under this section shall comply with all	41381
applicable provisions of this chapter. The department may take any	41382
action that a sponsor may take under this chapter to enforce the	41383
school's compliance with this division and the terms of the	41384
contract entered into under division (B) of this section.	41385

(E) Not later than December 31, 2012, and annually	41386
thereafter, the department shall issue a report on the program,	41387
including information about the number of community schools	41388
participating in the program and their compliance with the	41389
provisions of this chapter. In its fifth report, the department	41390
shall include a complete evaluation of the program and	41391
recommendations regarding the program's continuation. Each report	41392
shall be provided to the general assembly, in accordance with	41393
section 101.68 of the Revised Code, and to the governor.	41394

Sec. 3314.03. A copy of every contract entered into under	41395
this section shall be filed with the superintendent of public	41396
instruction. The department of education shall make available on	41397
its web site a copy of every approved, executed contract filed	41398
with the superintendent under this section.	41399

(A) Each contract entered into between a sponsor and the	41400
governing authority of a community school shall specify the	41401
following:	41402

(1) That the school shall be established as either of the	41403
following:	41404

(a) A nonprofit corporation established under Chapter 1702.	41405
of the Revised Code, if established prior to April 8, 2003;	41406

(b) A public benefit corporation established under Chapter	41407
1702. of the Revised Code, if established after April 8, 2003.	41408

(2) The education program of the school, including the	41409
school's mission, the characteristics of the students the school	41410
is expected to attract, the ages and grades of students, and the	41411
focus of the curriculum;	41412

(3) The academic goals to be achieved and the method of	41413
measurement that will be used to determine progress toward those	41414
goals, which shall include the statewide achievement assessments;	41415

(4) Performance standards by which the success of the school	41416
will be evaluated by the sponsor;	41417

(5) The admission standards of section 3314.06 of the Revised	41418
Code and, if applicable, section 3314.061 of the Revised Code;	41419

(6)(a) Dismissal procedures;

41420

(b) A requirement that the governing authority adopt an	41421
attendance policy that includes a procedure for automatically	41422
withdrawing a student from the school if the student without a	41423
legitimate excuse fails to participate in one hundred five	41424
consecutive hours of the learning opportunities offered to the	41425
student.	41426

(7) The ways by which the school will achieve racial and	41427
ethnic balance reflective of the community it serves;	41428

(8) Requirements for financial audits by the auditor of	41429
state. The contract shall require financial records of the school	41430
to be maintained in the same manner as are financial records of	41431
school districts, pursuant to rules of the auditor of state.	41432
Audits shall be conducted in accordance with section 117.10 of the	41433
Revised Code.	41434

(9) The facilities to be used and their locations;

41435

(10) Qualifications of teachers, including ~~the following:~~

41436

~~(a) A~~a requirement that the school's classroom teachers be	41437
licensed in accordance with sections 3319.22 to 3319.31 of the	41438
Revised Code, except that a community school may engage	41439
noncertificated persons to teach up to twelve hours per week	41440
pursuant to section 3319.301 of the Revised Code;	41441

~~(b) A requirement that each classroom teacher initially hired~~	41442
~~by the school on or after July 1, 2013, and employed to provide~~	41443
~~instruction in physical education hold a valid license issued~~	41444
~~pursuant to section 3319.22 of the Revised Code for teaching~~	41445
~~physical education~~.	41446

(11) That the school will comply with the following	41447
requirements:	41448

(a) The school will provide learning opportunities to a	41449
minimum of twenty-five students for a minimum of nine hundred	41450
twenty hours per school year.	41451

(b) The governing authority will purchase liability	41452
insurance, or otherwise provide for the potential liability of the	41453
school.	41454

(c) The school will be nonsectarian in its programs,	41455
admission policies, employment practices, and all other	41456
operations, and will not be operated by a sectarian school or	41457
religious institution.	41458

(d) The school will comply with sections 9.90, 9.91, 109.65,	41459
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	41460
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	41461
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	41462
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	41463
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	41464
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	41465
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	41466
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	41467
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	41468
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	41469
4123., 4141., and 4167. of the Revised Code as if it were a school	41470
district and will comply with section 3301.0714 of the Revised	41471
Code in the manner specified in section 3314.17 of the Revised	41472
Code.	41473

(e) The school shall comply with Chapter 102. and section	41474
2921.42 of the Revised Code.	41475

(f) The school will comply with sections 3313.61, 3313.611,	41476
and 3313.614 of the Revised Code, except that for students who	41477
enter ninth grade for the first time before July 1, 2010, the	41478
requirement in sections 3313.61 and 3313.611 of the Revised Code	41479
that a person must successfully complete the curriculum in any	41480
high school prior to receiving a high school diploma may be met by	41481
completing the curriculum adopted by the governing authority of	41482
the community school rather than the curriculum specified in Title	41483
XXXIII of the Revised Code or any rules of the state board of	41484
education. Beginning with students who enter ninth grade for the	41485
first time on or after July 1, 2010, the requirement in sections	41486
3313.61 and 3313.611 of the Revised Code that a person must	41487
successfully complete the curriculum of a high school prior to	41488
receiving a high school diploma shall be met by completing the	41489
Ohio core curriculum prescribed in division (C) of section	41490
3313.603 of the Revised Code, unless the person qualifies under	41491
division (D) or (F) of that section. Each school shall comply with	41492
the plan for awarding high school credit based on demonstration of	41493
subject area competency, adopted by the state board of education	41494
under division (J) of section 3313.603 of the Revised Code.	41495

(g) The school governing authority will submit within four	41496
months after the end of each school year a report of its	41497
activities and progress in meeting the goals and standards of	41498
divisions (A)(3) and (4) of this section and its financial status	41499
to the sponsor and the parents of all students enrolled in the	41500
school.	41501

(h) The school, unless it is an internet- or computer-based	41502
community school, will comply with section 3313.801 of the Revised	41503
Code as if it were a school district.	41504

(i) If the school is the recipient of moneys from a grant	41505
awarded under the federal race to the top program, Division (A),	41506
Title XIV, Sections 14005 and 14006 of the "American Recovery and	41507
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	41508
school will pay teachers based upon performance in accordance with	41509
section 3317.141 and will comply with section 3319.111 of the	41510
Revised Code as if it were a school district.	41511

(12) Arrangements for providing health and other benefits to	41512
employees;	41513

(13) The length of the contract, which shall begin at the	41514
beginning of an academic year. No contract shall exceed five years	41515
unless such contract has been renewed pursuant to division (E) of	41516
this section.	41517

(14) The governing authority of the school, which shall be	41518
responsible for carrying out the provisions of the contract;	41519

(15) A financial plan detailing an estimated school budget	41520
for each year of the period of the contract and specifying the	41521
total estimated per pupil expenditure amount for each such year.	41522
~~The plan shall specify for each year the base formula amount that~~	41523
~~will be used for purposes of funding calculations under section~~	41524
~~3314.08 of the Revised Code. This base formula amount for any year~~	41525
~~shall not exceed the formula amount defined under section 3317.02~~	41526
~~of the Revised Code. The plan may also specify for any year a~~	41527
~~percentage figure to be used for reducing the per pupil amount of~~	41528
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	41529
~~Code the school is to receive that year under section 3314.08 of~~	41530
~~the Revised Code.~~	41531

(16) Requirements and procedures regarding the disposition of	41532
employees of the school in the event the contract is terminated or	41533
not renewed pursuant to section 3314.07 of the Revised Code;	41534

(17) Whether the school is to be created by converting all or	41535
part of an existing public school or educational service center	41536
building or is to be a new start-up school, and if it is a	41537
converted public school or service center building, specification	41538
of any duties or responsibilities of an employer that the board of	41539
education or service center governing board that operated the	41540
school or building before conversion is delegating to the	41541
governing authority of the community school with respect to all or	41542
any specified group of employees provided the delegation is not	41543
prohibited by a collective bargaining agreement applicable to such	41544
employees;	41545

(18) Provisions establishing procedures for resolving	41546
disputes or differences of opinion between the sponsor and the	41547
governing authority of the community school;	41548

(19) A provision requiring the governing authority to adopt a	41549
policy regarding the admission of students who reside outside the	41550
district in which the school is located. That policy shall comply	41551
with the admissions procedures specified in sections 3314.06 and	41552
3314.061 of the Revised Code and, at the sole discretion of the	41553
authority, shall do one of the following:	41554

(a) Prohibit the enrollment of students who reside outside	41555
the district in which the school is located;	41556

(b) Permit the enrollment of students who reside in districts	41557
adjacent to the district in which the school is located;	41558

(c) Permit the enrollment of students who reside in any other	41559
district in the state.	41560

(20) A provision recognizing the authority of the department	41561
of education to take over the sponsorship of the school in	41562
accordance with the provisions of division (C) of section 3314.015	41563
of the Revised Code;	41564

(21) A provision recognizing the sponsor's authority to	41565
assume the operation of a school under the conditions specified in	41566
division (B) of section 3314.073 of the Revised Code;	41567

(22) A provision recognizing both of the following:

41568

(a) The authority of public health and safety officials to	41569
inspect the facilities of the school and to order the facilities	41570
closed if those officials find that the facilities are not in	41571
compliance with health and safety laws and regulations;	41572

(b) The authority of the department of education as the	41573
community school oversight body to suspend the operation of the	41574
school under section 3314.072 of the Revised Code if the	41575
department has evidence of conditions or violations of law at the	41576
school that pose an imminent danger to the health and safety of	41577
the school's students and employees and the sponsor refuses to	41578
take such action.	41579

(23) A description of the learning opportunities that will be	41580
offered to students including both classroom-based and	41581
non-classroom-based learning opportunities that is in compliance	41582
with criteria for student participation established by the	41583
department under division ~~(L)~~(H)(2) of section 3314.08 of the	41584
Revised Code;	41585

(24) The school will comply with sections 3302.04 and	41586
3302.041 of the Revised Code, except that any action required to	41587
be taken by a school district pursuant to those sections shall be	41588
taken by the sponsor of the school. However, the sponsor shall not	41589
be required to take any action described in division (F) of	41590
section 3302.04 of the Revised Code.	41591

(25) Beginning in the 2006-2007 school year, the school will	41592
open for operation not later than the thirtieth day of September	41593
each school year, unless the mission of the school as specified	41594
under division (A)(2) of this section is solely to serve dropouts.	41595
In its initial year of operation, if the school fails to open by	41596
the thirtieth day of September, or within one year after the	41597
adoption of the contract pursuant to division (D) of section	41598
3314.02 of the Revised Code if the mission of the school is solely	41599
to serve dropouts, the contract shall be void.	41600

(B) The community school shall also submit to the sponsor a	41601
comprehensive plan for the school. The plan shall specify the	41602
following:	41603

(1) The process by which the governing authority of the	41604
school will be selected in the future;	41605

(2) The management and administration of the school;

41606

(3) If the community school is a currently existing public	41607
school or educational service center building, alternative	41608
arrangements for current public school students who choose not to	41609
attend the converted school and for teachers who choose not to	41610
teach in the school or building after conversion;	41611

(4) The instructional program and educational philosophy of	41612
the school;	41613

(5) Internal financial controls.

41614

(C) A contract entered into under section 3314.02 of the	41615
Revised Code between a sponsor and the governing authority of a	41616
community school may provide for the community school governing	41617
authority to make payments to the sponsor, which is hereby	41618
authorized to receive such payments as set forth in the contract	41619
between the governing authority and the sponsor. The total amount	41620
of such payments for oversight and monitoring of the school shall	41621
not exceed three per cent of the total amount of payments for	41622
operating expenses that the school receives from the state.	41623

(D) The contract shall specify the duties of the sponsor	41624
which shall be in accordance with the written agreement entered	41625
into with the department of education under division (B) of	41626
section 3314.015 of the Revised Code and shall include the	41627
following:	41628

(1) Monitor the community school's compliance with all laws	41629
applicable to the school and with the terms of the contract;	41630

(2) Monitor and evaluate the academic and fiscal performance	41631
and the organization and operation of the community school on at	41632
least an annual basis;	41633

(3) Report on an annual basis the results of the evaluation	41634
conducted under division (D)(2) of this section to the department	41635
of education and to the parents of students enrolled in the	41636
community school;	41637

(4) Provide technical assistance to the community school in	41638
complying with laws applicable to the school and terms of the	41639
contract;	41640

(5) Take steps to intervene in the school's operation to	41641
correct problems in the school's overall performance, declare the	41642
school to be on probationary status pursuant to section 3314.073	41643
of the Revised Code, suspend the operation of the school pursuant	41644
to section 3314.072 of the Revised Code, or terminate the contract	41645
of the school pursuant to section 3314.07 of the Revised Code as	41646
determined necessary by the sponsor;	41647

(6) Have in place a plan of action to be undertaken in the	41648
event the community school experiences financial difficulties or	41649
closes prior to the end of a school year.	41650

(E) Upon the expiration of a contract entered into under this	41651
section, the sponsor of a community school may, with the approval	41652
of the governing authority of the school, renew that contract for	41653
a period of time determined by the sponsor, but not ending earlier	41654
than the end of any school year, if the sponsor finds that the	41655
school's compliance with applicable laws and terms of the contract	41656
and the school's progress in meeting the academic goals prescribed	41657
in the contract have been satisfactory. Any contract that is	41658
renewed under this division remains subject to the provisions of	41659
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	41660

(F) If a community school fails to open for operation within	41661
one year after the contract entered into under this section is	41662
adopted pursuant to division (D) of section 3314.02 of the Revised	41663
Code or permanently closes prior to the expiration of the	41664
contract, the contract shall be void and the school shall not	41665
enter into a contract with any other sponsor. A school shall not	41666
be considered permanently closed because the operations of the	41667
school have been suspended pursuant to section 3314.072 of the	41668
Revised Code.	41669

Sec. 3314.042. The governing authority of each community	41670
school shall comply with the standards for financial reporting	41671
adopted under division (B)(2) of section 3301.07 of the Revised	41672
Code.	41673

Sec. 3314.05. (A) The contract between the community school	41674
and the sponsor shall specify the facilities to be used for the	41675
community school and the method of acquisition. Except as provided	41676
in divisions (B)(3) and (4) of this section, no community school	41677
shall be established in more than one school district under the	41678
same contract.	41679

(B) Division (B) of this section shall not apply to internet-	41680
or computer-based community schools.	41681

(1) A community school may be located in multiple facilities	41682
under the same contract only if the limitations on availability of	41683
space prohibit serving all the grade levels specified in the	41684
contract in a single facility or division (B)(2), (3), or (4) of	41685
this section applies to the school. The school shall not offer the	41686
same grade level classrooms in more than one facility.	41687

(2) A community school may be located in multiple facilities	41688
under the same contract and, notwithstanding division (B)(1) of	41689
this section, may assign students in the same grade level to	41690
multiple facilities, as long as all of the following apply:	41691

(a) ~~The governing authority of the community school filed a~~	41692
~~copy of its contract with the school's sponsor under section~~	41693
~~3314.03 of the Revised Code with the superintendent of public~~	41694
~~instruction on or before May 15, 2008.~~	41695

~~(b) The school was not open for operation prior to July 1,~~	41696
~~2008.~~	41697

~~(c)~~ The governing authority has entered into and maintains a	41698
contract with an operator of the type described in division	41699
(A)(8)(b) of section 3314.02 of the Revised Code.	41700

~~(d)~~(b) The contract with that operator qualified the school	41701
to be established pursuant to division (A) of former section	41702
3314.016 of the Revised Code.	41703

~~(e)~~(c) The school's rating under section 3302.03 of the	41704
Revised Code does not fall below a combination of any of the	41705
following for two or more consecutive years:	41706

(i) A rating of "in need of continuous improvement" under	41707
section 3302.03 of the Revised Code, as that section existed prior	41708
to ~~the effective date of this section~~March 22, 2013;	41709

(ii) For the 2012-2013 and 2013-2014 school years, a rating	41710
of "C" for both the performance index score under division	41711
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	41712
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	41713
Code; or if the building serves only grades ten through twelve,	41714
the building received a grade of "C" for the performance index	41715
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	41716
the Revised Code;	41717

(iii) For the 2014-2015 school year and for any school year	41718
thereafter, an overall grade of "C" under division (C)(3) of	41719
section 3302.03 of the Revised Code or an overall performance	41720
designation of "meets standards" under division (E)(3)(e) of	41721
section 3314.017 of the Revised Code.	41722

(3) A new start-up community school may be established in two	41723
school districts under the same contract if all of the following	41724
apply:	41725

(a) At least one of the school districts in which the school	41726
is established is a challenged school district;	41727

(b) The school operates not more than one facility in each	41728
school district and, in accordance with division (B)(1) of this	41729
section, the school does not offer the same grade level classrooms	41730
in both facilities; and	41731

(c) Transportation between the two facilities does not	41732
require more than thirty minutes of direct travel time as measured	41733
by school bus.	41734

In the case of a community school to which division (B)(3) of	41735
this section applies, if only one of the school districts in which	41736
the school is established is a challenged school district, that	41737
district shall be considered the school's primary location and the	41738
district in which the school is located for the purposes of	41739
division (A)(19) of section 3314.03 and divisions (C) and (H) of	41740
section 3314.06 of the Revised Code and for all other purposes of	41741
this chapter. If both of the school districts in which the school	41742
is established are challenged school districts, the school's	41743
governing authority shall designate one of those districts to be	41744
considered the school's primary location and the district in which	41745
the school is located for the purposes of those divisions and all	41746
other purposes of this chapter and shall notify the department of	41747
education of that designation.	41748

(4) A community school may be located in multiple facilities	41749
under the same contract and, notwithstanding division (B)(1) of	41750
this section, may assign students in the same grade level to	41751
multiple facilities, as long as both of the following apply:	41752

(a) The facilities are all located in the same county.

41753

(b) Either of the following conditions are satisfied:

41754

(i) The community school is sponsored by a board of education	41755
of a city, local, or exempted village school district having	41756
territory in the same county where the facilities of the community	41757
school are located;	41758

(ii) The community school is managed by an operator.

41759

In the case of a community school to which division (B)(4) of	41760
this section applies and that maintains facilities in more than	41761
one school district, the school's governing authority shall	41762
designate one of those districts to be considered the school's	41763
primary location and the district in which the school is located	41764
for the purposes of division (A)(19) of section 3314.03 and	41765
divisions (C) and (H) of section 3314.06 of the Revised Code and	41766
for all other purposes of this chapter and shall notify the	41767
department of that designation.	41768

(5) Any facility used for a community school shall meet all	41769
health and safety standards established by law for school	41770
buildings.	41771

(C) In the case where a community school is proposed to be	41772
located in a facility owned by a school district or educational	41773
service center, the facility may not be used for such community	41774
school unless the district or service center board owning the	41775
facility enters into an agreement for the community school to	41776
utilize the facility. Use of the facility may be under any terms	41777
and conditions agreed to by the district or service center board	41778
and the school.	41779

(D) Two or more separate community schools may be located in	41780
the same facility.	41781

(E) In the case of a community school that is located in	41782
multiple facilities, beginning July 1, 2012, the department shall	41783
assign a unique identification number to the school and to each	41784
facility maintained by the school. Each number shall be used for	41785
identification purposes only. Nothing in this division shall be	41786
construed to require the department to calculate the amount of	41787
funds paid under this chapter, or to compute any data required for	41788
the report cards issued under section 3314.012 of the Revised	41789
Code, for each facility separately. The department shall make all	41790
such calculations or computations for the school as a whole.	41791

Sec. 3314.072. The provisions of this section are enacted to	41792
promote the public health, safety, and welfare by establishing	41793
procedures under which the governing authorities of community	41794
schools established under this chapter will be held accountable	41795
for their compliance with the terms of the contracts they enter	41796
into with their school's sponsors and the law relating to the	41797
school's operation. Suspension of the operation of a school	41798
imposed under this section is intended to encourage the governing	41799
authority's compliance with the terms of the school's contract and	41800
the law and is not intended to be an alteration of the terms of	41801
that contract.	41802

(A) If a sponsor of a community school established under this	41803
chapter suspends the operation of that school pursuant to	41804
procedures set forth in this section, the governing authority	41805
shall not operate that school while the suspension is in effect.	41806
Any such suspension shall remain in effect until the sponsor	41807
notifies the governing authority that it is no longer in effect.	41808
The contract of a school of which operation is suspended under	41809
this section also may be subject to termination or nonrenewal	41810
under section 3314.07 of the Revised Code.	41811

(B) If at any time conditions at the school do not comply	41812
with a health and safety standard established by law for school	41813
buildings, the sponsor shall immediately suspend the operation of	41814
the school pursuant to procedures set forth in division (D) of	41815
this section. If the sponsor fails to take action to suspend the	41816
operation of a school to which this division applies, the	41817
department of education may take such action.	41818

(C)(1) For any of the reasons prescribed in division	41819
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	41820
sponsor of a community school established under this chapter may	41821
suspend the operation of the school only if it first issues to the	41822
governing authority notice of the sponsor's intent to suspend the	41823
operation of the contract. Such notice shall explain the reasons	41824
for the sponsor's intent to suspend operation of the contract and	41825
shall provide the school's governing authority with five business	41826
days to submit to the sponsor a proposal to remedy the conditions	41827
cited as reasons for the suspension.	41828

(2) The sponsor shall promptly review any proposed remedy	41829
timely submitted by the governing authority and either approve or	41830
disapprove the remedy. If the sponsor disapproves the remedy	41831
proposed by the governing authority, if the governing authority	41832
fails to submit a proposed remedy in the manner prescribed by the	41833
sponsor, or if the governing authority fails to implement the	41834
remedy as approved by the sponsor, the sponsor may suspend	41835
operation of the school pursuant to procedures set forth in	41836
division (D) of this section.	41837

(D)(1) If division (B) of this section applies or if the	41838
sponsor of a community school established under this chapter	41839
decides to suspend the operation of a school as permitted in	41840
division (C)(2) of this section, the sponsor shall promptly send	41841
written notice to the governing authority stating that the	41842
operation of the school is immediately suspended, and explaining	41843
the specific reasons for the suspension. The notice shall state	41844
that the governing authority has five business days to submit a	41845
proposed remedy to the conditions cited as reasons for the	41846
suspension or face potential contract termination.	41847

(2) Upon receipt of the notice of suspension prescribed under	41848
division (D)(1) of this section, the governing authority shall	41849
immediately notify the employees of the school and the parents of	41850
the students enrolled in the school of the suspension and the	41851
reasons therefore, and shall cease all school operations on the	41852
next business day.	41853

(E) If the sponsor of a community school suspends the	41854
operation of that school pursuant to procedures set forth in this	41855
section, the school's contract with the sponsor under section	41856
3314.03 of the Revised Code shall become void, if the governing	41857
authority of the school fails to provide a proposal to remedy the	41858
conditions cited by the sponsor as reasons for the suspension, to	41859
the satisfaction of the sponsor, by the thirtieth day of September	41860
of the school year immediately following the school year in which	41861
the operation of school was suspended.	41862

Sec. 3314.074. Divisions (A) and (B) of this section apply	41863
only to the extent permitted under Chapter 1702. of the Revised	41864
Code.	41865

(A) If any community school established under this chapter	41866
permanently closes and ceases its operation as a community school,	41867
the assets of that school shall be distributed first to the	41868
retirement funds of employees of the school, employees of the	41869
school, and private creditors who are owed compensation, and then	41870
any remaining funds shall be paid to the department of education	41871
for redistribution to the school districts in which the students	41872
who were enrolled in the school at the time it ceased operation	41873
were entitled to attend school under section 3313.64 or 3313.65 of	41874
the Revised Code. The amount distributed to each school district	41875
shall be proportional to the district's share of the total	41876
enrollment in the community school.	41877

(B) If a community school closes and ceases to operate as a	41878
community school and the school has received computer hardware or	41879
software from the former Ohio SchoolNet commission or the former	41880
eTech Ohio commission, such hardware or software shall be ~~returned~~	41881
turned over to the ~~eTech Ohio commission~~department of education,	41882
~~and the eTech Ohio commission~~which shall redistribute the	41883
hardware and software, to the extent such redistribution is	41884
possible, to school districts in conformance with the provisions	41885
of the programs as they were operated and administered by the	41886
former eTech Ohio commission.	41887

(C) If the assets of the school are insufficient to pay all	41888
persons or entities to whom compensation is owed, the	41889
prioritization of the distribution of the assets to individual	41890
persons or entities within each class of payees may be determined	41891
by decree of a court in accordance with this section and Chapter	41892
1702. of the Revised Code.	41893

Sec. 3314.08. ~~The deductions under division (C) and the~~	41894
~~payments under division (D) of this section for fiscal years 2012~~	41895
~~and 2013 shall be made in accordance with section 3314.088 of the~~	41896
~~Revised Code.~~	41897

(A) As used in this section:

41898

(1) ~~"Base formula amount" means the amount specified as such~~	41899
~~in a community school's financial plan for a school year pursuant~~	41900
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	41901

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	41902
~~Revised Code.~~	41903

~~(3) "Applicable special education weight" means the multiple~~	41904
~~specified in section 3317.013 of the Revised Code for a disability~~	41905
~~described in that section.~~	41906

~~(4) "Applicable vocational education weight" means:~~

41907

~~(a) For a student enrolled in vocational education programs~~	41908
~~or classes described in division (A) of section 3317.014 of the~~	41909
~~Revised Code, the multiple specified in that division;~~	41910

~~(b) For a student enrolled in vocational education programs~~	41911
~~or classes described in division (B) of section 3317.014 of the~~	41912
~~Revised Code, the multiple specified in that division.~~	41913

~~(5) "Entitled to attend school" means entitled to attend~~	41914
~~school in a district under section 3313.64 or 3313.65 of the~~	41915
~~Revised Code.~~	41916

~~(6) A community school student is "included in the poverty~~	41917
~~student count" of a school district if the student is entitled to~~	41918
~~attend school in the district and the student's family receives~~	41919
~~assistance under the Ohio works first program.~~	41920

~~(7) "Poverty-based assistance reduction factor" means the~~	41921
~~percentage figure, if any, for reducing the per pupil amount of~~	41922
~~poverty-based assistance a community school is entitled to receive~~	41923
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	41924
~~as specified in the school's financial plan for the year pursuant~~	41925
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	41926

~~(8) "All-day kindergarten" has the same meaning as in section~~	41927
~~3321.05 of the Revised Code.~~	41928

~~(9)~~(a) "Category one career-technical education student"	41929
means a student who is receiving the career-technical education	41930
services described in division (A) of section 3317.014 of the	41931
Revised Code.	41932

(b) "Category two career-technical student" means a student	41933
who is receiving the career-technical education services described	41934
in division (B) of section 3317.014 of the Revised Code.	41935

(c) "Category three career-technical student" means a student	41936
who is receiving the career-technical education services described	41937
in division (C) of section 3317.014 of the Revised Code.	41938

(d) "Category four career-technical student" means a student	41939
who is receiving the career-technical education services described	41940
in division (D) of section 3317.014 of the Revised Code.	41941

(e) "Category five career-technical education student" means	41942
a student who is receiving the career-technical education services	41943
described in division (E) of section 3317.014 of the Revised Code.	41944

(2)(a) "Category one limited English proficient student"	41945
means a limited English proficient student described in division	41946
(A) of section 3317.016 of the Revised Code.	41947

(b) "Category two limited English proficient student" means a	41948
limited English proficient student described in division (B) of	41949
section 3317.016 of the Revised Code.	41950

(c) "Category three limited English proficient student" means	41951
a limited English proficient student described in division (C) of	41952
section 3317.016 of the Revised Code.	41953

(3)(a) "Category one special education student" means a	41954
student who is receiving special education services for a	41955
disability specified in division (A) of section 3317.013 of the	41956
Revised Code.	41957

(b) "Category two special education student" means a student	41958
who is receiving special education services for a disability	41959
specified in division (B) of section 3317.013 of the Revised Code.	41960

(c) "Category three special education student" means a	41961
student who is receiving special education services for a	41962
disability specified in division (C) of section 3317.013 of the	41963
Revised Code.	41964

(d) "Category four special education student" means a student	41965
who is receiving special education services for a disability	41966
specified in division (D) of section 3317.013 of the Revised Code.	41967

(e) "Category five special education student" means a student	41968
who is receiving special education services for a disability	41969
specified in division (E) of section 3317.013 of the Revised Code.	41970

(f) "Category six special education student" means a student	41971
who is receiving special education services for a disability	41972
specified in division (F) of section 3317.013 of the Revised Code.	41973

(4) "Formula amount" has the same meaning as in section	41974
3317.02 of the Revised Code.	41975

(5) "IEP" has the same meaning as in section 3323.01 of the	41976
Revised Code.	41977

(6) "Resident district" means the school district in which a	41978
student is entitled to attend school under section 3313.64 or	41979
3313.65 of the Revised Code.	41980

(7) "State education aid" has the same meaning as in section	41981
5751.20 of the Revised Code.	41982

(B) The state board of education shall adopt rules requiring	41983
both of the following:	41984

(1) The board of education of each city, exempted village,	41985
and local school district to annually report the number of	41986
students entitled to attend school in the district who are	41987
enrolled in ~~grades one~~each grade kindergarten through twelve in a	41988
community school established under this chapter, ~~the number of~~	41989
~~students entitled to attend school in the district who are~~	41990
~~enrolled in kindergarten in a community school, the number of~~	41991
~~those kindergartners who are enrolled in all-day kindergarten in~~	41992
~~their community school,~~ and for each child, the community school	41993
in which the child is enrolled.	41994

(2) The governing authority of each community school	41995
established under this chapter to annually report all of the	41996
following:	41997

(a) The number of students enrolled in grades one through	41998
twelve and the full-time equivalent number of students enrolled in	41999
kindergarten in the school who are not receiving special education	42000
and related services pursuant to an IEP;	42001

(b) The number of enrolled students in grades one through	42002
twelve and the full-time equivalent number of enrolled students in	42003
kindergarten, who are receiving special education and related	42004
services pursuant to an IEP;	42005

(c) The number of students reported under division (B)(2)(b)	42006
of this section receiving special education and related services	42007
pursuant to an IEP for a disability described in each of divisions	42008
(A) to (F) of section 3317.013 of the Revised Code;	42009

(d) The full-time equivalent number of students reported	42010
under divisions (B)(2)(a) and (b) of this section who are enrolled	42011
in ~~vocational~~career-technical education programs or classes	42012
described in each of divisions (A) ~~and (B)~~to (E) of section	42013
3317.014 of the Revised Code that are provided by the community	42014
school;	42015

(e) Twenty per cent of the number of students reported under	42016
divisions (B)(2)(a) and (b) of this section who are not reported	42017
under division (B)(2)(d) of this section but who are enrolled in	42018
~~vocational~~career-technical education programs or classes	42019
described in each of divisions (A) ~~and (B)~~to (E) of section	42020
3317.014 of the Revised Code at a joint vocational school district	42021
~~under a contract between the community school and the joint~~	42022
~~vocational school district and are entitled to attend school in a~~	42023
~~city, local, or exempted village school district whose territory~~	42024
~~is part of the territory of the joint vocational school district~~	42025
or another district in the career-technical planning district to	42026
which the school is assigned;	42027

(f) ~~The number of enrolled preschool children with~~	42028
~~disabilities receiving special education services in a~~	42029
~~state-funded unit;~~	42030

~~(g) The community school's base formula amount;~~

42031

~~(h)~~The number of students reported under divisions (B)(2)(a)	42032
and (b) of this section who are category one to three limited	42033
English proficient students described in each of divisions (A) to	42034
(C) of section 3317.016 of the Revised Code;	42035

(g) The number of students reported under divisions (B)(2)(a)	42036
and (b) who are economically disadvantaged, as defined by the	42037
department. A student shall not be categorically excluded from the	42038
number reported under division (B)(2)(g) of this section based on	42039
anything other than family income.	42040

(h) For each student, the city, exempted village, or local	42041
school district in which the student is entitled to attend school;	42042

~~(i) Any poverty-based assistance reduction factor that~~	42043
~~applies to a school year~~under section 3313.64 or 3313.65 of the	42044
Revised Code.	42045

A school district board and a community school governing	42046
authority shall include in their respective reports under division	42047
(B) of this section any child admitted in accordance with division	42048
(A)(2) of section 3321.01 of the Revised Code.	42049

(C) ~~From the state education aid calculated for a city,~~	42050
~~exempted village, or local school district and, if necessary, from~~	42051
~~the payment made to the district under sections 321.24 and 323.156~~	42052
~~of the Revised Code, the department of education shall annually~~	42053
~~subtract the sum of the amounts described in divisions (C)(1) to~~	42054
~~(9) of this section. However, when deducting payments on behalf of~~	42055
~~students enrolled in internet- or computer-based community~~	42056
~~schools, the department shall deduct only those amounts described~~	42057
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	42058
~~aggregate amount deducted under this division shall not exceed the~~	42059
~~sum of the district's state education aid and its payment under~~	42060
~~sections 321.24 and 323.156 of the Revised Code.~~	42061

~~(1) An amount equal to the sum of the amounts obtained when,~~	42062
~~for each community school where the district's students are~~	42063
~~enrolled, the number of the district's students reported under~~	42064
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	42065
~~in grades one through twelve, and one-half the number of students~~	42066
~~reported under those divisions who are enrolled in kindergarten,~~	42067
~~in that community school is multiplied by the sum of the base~~	42068
~~formula amount of that community school plus the per pupil amount~~	42069
~~of the base funding supplements specified in divisions (C)(1) to~~	42070
~~(4) of section 3317.012 of the Revised Code.~~	42071

~~(2) The sum of the amounts calculated under divisions~~	42072
~~(C)(2)(a) and (b) of this section:~~	42073

~~(a) For each of the district's students reported under~~	42074
~~division (B)(2)(c) of this section as enrolled in a community~~	42075
~~school in grades one through twelve and receiving special~~	42076
~~education and related services pursuant to an IEP for a disability~~	42077
~~described in section 3317.013 of the Revised Code, the product of~~	42078
~~the applicable special education weight times the community~~	42079
~~school's base formula amount;~~	42080

~~(b) For each of the district's students reported under~~	42081
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	42082
~~a community school and receiving special education and related~~	42083
~~services pursuant to an IEP for a disability described in section~~	42084
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	42085
~~prescribed in division (C)(2)(a) of this section.~~	42086

~~(3) For each of the district's students reported under~~	42087
~~division (B)(2)(d) of this section for whom payment is made under~~	42088
~~division (D)(4) of this section, the amount of that payment;~~	42089

~~(4) An amount equal to the sum of the amounts obtained when,~~	42090
~~for each community school where the district's students are~~	42091
~~enrolled, the number of the district's students enrolled in that~~	42092
~~community school who are included in the district's poverty~~	42093
~~student count is multiplied by the per pupil amount of~~	42094
~~poverty-based assistance the school district receives that year~~	42095
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	42096
~~as adjusted by any poverty-based assistance reduction factor of~~	42097
~~that community school. The per pupil amount of that aid for the~~	42098
~~district shall be calculated by the department.~~	42099

~~(5) An amount equal to the sum of the amounts obtained when,~~	42100
~~for each community school where the district's students are~~	42101
~~enrolled, the district's per pupil amount of aid received under~~	42102
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	42103
~~by any poverty-based assistance reduction factor of the community~~	42104
~~school, is multiplied by the sum of the following:~~	42105

~~(a) The number of the district's students reported under~~	42106
~~division (B)(2)(a) of this section who are enrolled in grades one~~	42107
~~to three in that community school and who are not receiving~~	42108
~~special education and related services pursuant to an IEP;~~	42109

~~(b) One-half of the district's students who are enrolled in~~	42110
~~all-day or any other kindergarten class in that community school~~	42111
~~and who are not receiving special education and related services~~	42112
~~pursuant to an IEP;~~	42113

~~(c) One-half of the district's students who are enrolled in~~	42114
~~all-day kindergarten in that community school and who are not~~	42115
~~receiving special education and related services pursuant to an~~	42116
~~IEP.~~	42117

~~The district's per pupil amount of aid under division (E) of~~	42118
~~section 3317.029 of the Revised Code is the quotient of the amount~~	42119
~~the district received under that division divided by the~~	42120
~~district's kindergarten through third grade ADM, as defined in~~	42121
~~that section.~~	42122

~~(6) An amount equal to the sum of the amounts obtained when,~~	42123
~~for each community school where the district's students are~~	42124
~~enrolled, the district's per pupil amount received under division~~	42125
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	42126
~~poverty-based assistance reduction factor of that community~~	42127
~~school, is multiplied by the number of the district's students~~	42128
~~enrolled in the community school who are identified as~~	42129
~~limited-English proficient.~~	42130

~~(7) An amount equal to the sum of the amounts obtained when,~~	42131
~~for each community school where the district's students are~~	42132
~~enrolled, the district's per pupil amount received under division~~	42133
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	42134
~~poverty-based assistance reduction factor of that community~~	42135
~~school, is multiplied by the sum of the following:~~	42136

~~(a) The number of the district's students enrolled in grades~~	42137
~~one through twelve in that community school;~~	42138

~~(b) One-half of the number of the district's students~~	42139
~~enrolled in kindergarten in that community school.~~	42140

~~The district's per pupil amount under division (G) of section~~	42141
~~3317.029 of the Revised Code is the district's amount per teacher~~	42142
~~calculated under division (G)(1) or (2) of that section divided by~~	42143
~~17.~~	42144

~~(8) An amount equal to the sum of the amounts obtained when,~~	42145
~~for each community school where the district's students are~~	42146
~~enrolled, the district's per pupil amount received under divisions~~	42147
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	42148
~~by any poverty-based assistance reduction factor of that community~~	42149
~~school, is multiplied by the sum of the following:~~	42150

~~(a) The number of the district's students enrolled in grades~~	42151
~~one through twelve in that community school;~~	42152

~~(b) One-half of the number of the district's students~~	42153
~~enrolled in kindergarten in that community school.~~	42154

~~The district's per pupil amount under divisions (H) and (I)~~	42155
~~of section 3317.029 of the Revised Code is the amount calculated~~	42156
~~under each division divided by the district's formula ADM, as~~	42157
~~defined in section 3317.02 of the Revised Code.~~	42158

~~(9) An amount equal to the per pupil state parity aid funding~~	42159
~~calculated for the school district under either division (C) or~~	42160
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	42161
~~of the number of students in grades one through twelve, and~~	42162
~~one-half of the number of students in kindergarten, who are~~	42163
~~entitled to attend school in the district and are enrolled in a~~	42164
~~community school as reported under division (B)(1) of this~~	42165
~~section.~~	42166

~~(D) The department shall annually pay to a community school~~	42167
~~established under this chapter the sum of the amounts described in~~	42168
~~divisions (D)(1) to (10) of this section. However, the department~~	42169
~~shall calculate and pay to each internet- or computer-based~~	42170
~~community school only the amounts described in divisions (D)(1) to~~	42171
~~(3) of this section. Furthermore, the sum of the payments to all~~	42172
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	42173
~~this section for the students entitled to attend school in any~~	42174
~~particular school district shall not exceed the sum of that~~	42175
~~district's state education aid and its payment under sections~~	42176
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	42177
~~calculated under those divisions for the students entitled to~~	42178
~~attend school in a particular school district exceeds the sum of~~	42179
~~that district's state education aid and its payment under sections~~	42180
~~321.24 and 323.156 of the Revised Code, the department shall~~	42181
~~calculate and apply a proration factor to the payments to all~~	42182
~~community schools under those divisions for the students entitled~~	42183
~~to attend school in that district.~~	42184

~~(1) An amount equal to the sum of the amounts obtained when~~	42185
~~the number of students enrolled in grades one through twelve, plus~~	42186
~~one-half of the kindergarten students in the school, reported~~	42187
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	42188
~~not receiving special education and related services pursuant to~~	42189
~~an IEP for a disability described in section 3317.013 of the~~	42190
~~Revised Code is multiplied by the sum of the community school's~~	42191
~~base formula amount plus the per pupil amount of the base funding~~	42192
~~supplements specified in divisions (C)(1) to (4) of section~~	42193
~~3317.012 of the Revised Code.~~	42194

~~(2) The sum of the following amounts:~~

42195

~~(a) For each student reported under division (B)(2)(c) of~~	42196
~~this section as enrolled in the school in grades one through~~	42197
~~twelve and receiving special education and related services~~	42198
~~pursuant to an IEP for a disability described in section 3317.013~~	42199
~~of the Revised Code, the following amount:~~	42200

~~(the school's base formula amount plus~~	42201

~~the per pupil amount of the base funding supplements specified in~~	42202

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	42203

~~+ (the applicable special education weight X the~~	42204

~~community school's base formula amount);~~	42205

~~(b) For each student reported under division (B)(2)(c) of~~	42206
~~this section as enrolled in kindergarten and receiving special~~	42207
~~education and related services pursuant to an IEP for a disability~~	42208
~~described in section 3317.013 of the Revised Code, one-half of the~~	42209
~~amount calculated under the formula prescribed in division~~	42210
~~(D)(2)(a) of this section.~~	42211

~~(3) An amount received from federal funds to provide special~~	42212
~~education and related services to students in the community~~	42213
~~school, as determined by the superintendent of public instruction.~~	42214

~~(4) For each student reported under division (B)(2)(d) of~~	42215
~~this section as enrolled in vocational education programs or~~	42216
~~classes that are described in section 3317.014 of the Revised~~	42217
~~Code, are provided by the community school, and are comparable as~~	42218
~~determined by the superintendent of public instruction to school~~	42219
~~district vocational education programs and classes eligible for~~	42220
~~state weighted funding under section 3317.014 of the Revised Code,~~	42221
~~an amount equal to the applicable vocational education weight~~	42222
~~times the community school's base formula amount times the~~	42223
~~percentage of time the student spends in the vocational education~~	42224
~~programs or classes.~~	42225

~~(5) An amount equal to the sum of the amounts obtained when,~~	42226
~~for each school district where the community school's students are~~	42227
~~entitled to attend school, the number of that district's students~~	42228
~~enrolled in the community school who are included in the~~	42229
~~district's poverty student count is multiplied by the per pupil~~	42230
~~amount of poverty-based assistance that school district receives~~	42231
~~that year pursuant to division (C) of section 3317.029 of the~~	42232
~~Revised Code, as adjusted by any poverty-based assistance~~	42233
~~reduction factor of the community school. The per pupil amount of~~	42234
~~aid shall be determined as described in division (C)(4) of this~~	42235
~~section.~~	42236

~~(6) An amount equal to the sum of the amounts obtained when,~~	42237
~~for each school district where the community school's students are~~	42238
~~entitled to attend school, the district's per pupil amount of aid~~	42239
~~received under division (E) of section 3317.029 of the Revised~~	42240
~~Code, as adjusted by any poverty-based assistance reduction factor~~	42241
~~of the community school, is multiplied by the sum of the~~	42242
~~following:~~	42243

~~(a) The number of the district's students reported under~~	42244
~~division (B)(2)(a) of this section who are enrolled in grades one~~	42245
~~to three in that community school and who are not receiving~~	42246
~~special education and related services pursuant to an IEP;~~	42247

~~(b) One-half of the district's students who are enrolled in~~	42248
~~all-day or any other kindergarten class in that community school~~	42249
~~and who are not receiving special education and related services~~	42250
~~pursuant to an IEP;~~	42251

~~(c) One-half of the district's students who are enrolled in~~	42252
~~all-day kindergarten in that community school and who are not~~	42253
~~receiving special education and related services pursuant to an~~	42254
~~IEP.~~	42255

~~The district's per pupil amount of aid under division (E) of~~	42256
~~section 3317.029 of the Revised Code shall be determined as~~	42257
~~described in division (C)(5) of this section.~~	42258

~~(7) An amount equal to the sum of the amounts obtained when,~~	42259
~~for each school district where the community school's students are~~	42260
~~entitled to attend school, the number of that district's students~~	42261
~~enrolled in the community school who are identified as~~	42262
~~limited-English proficient is multiplied by the district's per~~	42263
~~pupil amount received under division (F) of section 3317.029 of~~	42264
~~the Revised Code, as adjusted by any poverty-based assistance~~	42265
~~reduction factor of the community school.~~	42266

~~(8) An amount equal to the sum of the amounts obtained when,~~	42267
~~for each school district where the community school's students are~~	42268
~~entitled to attend school, the district's per pupil amount~~	42269
~~received under division (G) of section 3317.029 of the Revised~~	42270
~~Code, as adjusted by any poverty-based assistance reduction factor~~	42271
~~of the community school, is multiplied by the sum of the~~	42272
~~following:~~	42273

~~(a) The number of the district's students enrolled in grades~~	42274
~~one through twelve in that community school;~~	42275

~~(b) One-half of the number of the district's students~~	42276
~~enrolled in kindergarten in that community school.~~	42277

~~The district's per pupil amount under division (G) of section~~	42278
~~3317.029 of the Revised Code shall be determined as described in~~	42279
~~division (C)(7) of this section.~~	42280

~~(9) An amount equal to the sum of the amounts obtained when,~~	42281
~~for each school district where the community school's students are~~	42282
~~entitled to attend school, the district's per pupil amount~~	42283
~~received under divisions (H) and (I) of section 3317.029 of the~~	42284
~~Revised Code, as adjusted by any poverty-based assistance~~	42285
~~reduction factor of the community school, is multiplied by the sum~~	42286
~~of the following:~~	42287

~~(a) The number of the district's students enrolled in grades~~	42288
~~one through twelve in that community school;~~	42289

~~(b) One-half of the number of the district's students~~	42290
~~enrolled in kindergarten in that community school.~~	42291

~~The district's per pupil amount under divisions (H) and (I)~~	42292
~~of section 3317.029 of the Revised Code shall be determined as~~	42293
~~described in division (C)(8) of this section.~~	42294

~~(10) An amount equal to the sum of the amounts obtained when,~~	42295
~~for each school district where the community school's students are~~	42296
~~entitled to attend school, the district's per pupil amount of~~	42297
~~state parity aid funding calculated under either division (C) or~~	42298
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	42299
~~sum of the number of that district's students enrolled in grades~~	42300
~~one through twelve, and one-half of the number of that district's~~	42301
~~students enrolled in kindergarten, in the community school as~~	42302
~~reported under divisions (B)(2)(a) and (b) of this section.~~	42303

~~(E)(1) If a community school's costs for a fiscal year for a~~	42304
~~student receiving special education and related services pursuant~~	42305
~~to an IEP for a disability described in divisions (B) to (F) of~~	42306
~~section 3317.013 of the Revised Code exceed the threshold~~	42307
~~catastrophic cost for serving the student as specified in division~~	42308
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	42309
~~submit to the superintendent of public instruction documentation,~~	42310
~~as prescribed by the superintendent, of all its costs for that~~	42311
~~student. Upon submission of documentation for a student of the~~	42312
~~type and in the manner prescribed, the department shall pay to the~~	42313
~~community school an amount equal to the school's costs for the~~	42314
~~student in excess of the threshold catastrophic costs.~~	42315

~~(2) The community school shall only report under division~~	42316
~~(E)(1) of this section, and the department shall only pay for, the~~	42317
~~costs of educational expenses and the related services provided to~~	42318
~~the student in accordance with the student's individualized~~	42319
~~education program. Any legal fees, court costs, or other costs~~	42320
~~associated with any cause of action relating to the student may~~	42321
~~not be included in the amount.~~	42322

~~(F) A community school may apply to the department of~~	42323
~~education for preschool children with disabilities unit funding~~	42324
~~the school would receive if it were a school district. Upon~~	42325
~~request of its governing authority, a community school that~~	42326
~~received such unit funding as a school district-operated school~~	42327
~~before it became a community school shall retain any units awarded~~	42328
~~to it as a school district-operated school provided the school~~	42329
~~continues to meet eligibility standards for the unit.~~	42330

~~A community school shall be considered a school district and~~	42331
~~its governing authority shall be considered a board of education~~	42332
~~for the purpose of applying to any state or federal agency for~~	42333
~~grants that a school district may receive under federal or state~~	42334
~~law or any appropriations act of the general assembly. The~~	42335
~~governing authority of a community school may apply to any private~~	42336
~~entity for additional funds.~~	42337

~~(G)~~(1) Except as provided in division (C)(2) of this section,	42338
and subject to divisions (C)(3) and (4) of this section, on a	42339
full-time equivalency basis, for each student enrolled in a	42340
community school established under this chapter, the department of	42341
education annually shall deduct from the state education aid of a	42342
student's resident district and, if necessary, from the payment	42343
made to the district under sections 321.24 and 323.156 of the	42344
Revised Code and pay to the community school the sum of the	42345
following:	42346

(a) An opportunity grant in an amount equal to the formula	42347
amount;	42348

(b) The per pupil amount of targeted assistance funds	42349
calculated under division (A) of section 3317.0217 of the Revised	42350
Code for the student's resident district, as determined by the	42351
department, X 0.25;	42352

(c) Additional state aid for special education and related	42353
services provided under Chapter 3323. of the Revised Code as	42354
follows:	42355

(i) If the student is a category one special education	42356
student, the formula amount X the multiple specified in division	42357
(A) of section 3317.013 of the Revised Code;	42358

(ii) If the student is a category two special education	42359
student, the formula amount X the multiple specified in division	42360
(B) of section 3317.013 of the Revised Code;	42361

(iii) If the student is a category three special education	42362
student, the formula amount X the multiple specified in division	42363
(C) of section 3317.013 of the Revised Code;	42364

(iv) If the student is a category four special education	42365
student, the formula amount X the multiple specified in division	42366
(D) of section 3317.013 of the Revised Code;	42367

(v) If the student is a category five special education	42368
student, the formula amount X the multiple specified in division	42369
(E) of section 3317.013 of the Revised Code;	42370

(vi) If the student is a category six special education	42371
student, the formula amount X the multiple specified in division	42372
(F) of section 3317.013 of the Revised Code.	42373

(d) If the student is in kindergarten through third grade, an	42374
additional amount of $300, in fiscal year 2014, and $303, in	42375
fiscal year 2015;	42376

(e) If the student is economically disadvantaged, an	42377
additional amount equal to the following:	42378

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	42379
(the resident district's economically disadvantaged index)	42380

(f) Limited English proficiency funds as follows:

42381

(i) If the student is a category one limited English	42382
proficient student, the amount specified in division (A) of	42383
section 3317.016 of the Revised Code;	42384

(ii) If the student is a category two limited English	42385
proficient student, the amount specified in division (B) of	42386
section 3317.016 of the Revised Code;	42387

(iii) If the student is a category three limited English	42388
proficient student, the amount specified in division (C) of	42389
section 3317.016 of the Revised Code.	42390

(g) Career-technical education funds as follows:

42391

(i) If the student is a category one career-technical	42392
education student, the formula amount X the multiple specified in	42393
division (A) of section 3317.014 of the Revised Code;	42394

(ii) If the student is a category two career-technical	42395
education student, the formula amount X the multiple specified in	42396
division (B) of section 3317.014 of the Revised Code;	42397

(iii) If the student is a category three career-technical	42398
education student, the formula amount X the multiple specified in	42399
division (C) of section 3317.014 of the Revised Code;	42400

(iv) If the student is a category four career-technical	42401
education student, the formula amount X the multiple specified in	42402
division (D) of section 3317.014 of the Revised Code;	42403

(v) If the student is a category five career-technical	42404
education student, the formula amount X the multiple specified in	42405
division (E) of section 3317.014.	42406

Deduction and payment of funds under division (C)(1)(g) of	42407
this section is subject to approval under section 3317.161 of the	42408
Revised Code.	42409

(2) When deducting from the state education aid of a	42410
student's resident district for students enrolled in an internet-	42411
or computer-based community school and making payments to such	42412
school under this section, the department shall make the	42413
deductions and payments described in only divisions (C)(1)(a) and	42414
(c) of this section.	42415

No deductions or payments shall be made for a student	42416
enrolled in such school under division (C)(1)(b), (d), (e), (f),	42417
or (g) of this section.	42418

(3)(a) If a community school's costs for a fiscal year for a	42419
student receiving special education and related services pursuant	42420
to an IEP for a disability described in divisions (B) to (F) of	42421
section 3317.013 of the Revised Code exceed the threshold	42422
catastrophic cost for serving the student as specified in division	42423
(B) of section 3317.0214 of the Revised Code, the school may	42424
submit to the superintendent of public instruction documentation,	42425
as prescribed by the superintendent, of all its costs for that	42426
student. Upon submission of documentation for a student of the	42427
type and in the manner prescribed, the department shall pay to the	42428
community school an amount equal to the school's costs for the	42429
student in excess of the threshold catastrophic costs.	42430

(b) The community school shall report under division	42431
(C)(3)(a) of this section, and the department shall pay for, only	42432
the costs of educational expenses and the related services	42433
provided to the student in accordance with the student's	42434
individualized education program. Any legal fees, court costs, or	42435
other costs associated with any cause of action relating to the	42436
student may not be included in the amount.	42437

(4) If the sum of the payments computed under division (C)(1)	42438
of this section for the students entitled to attend school in a	42439
particular school district under sections 3313.64 and 3313.65 of	42440
the Revised Code exceeds the sum of that district's state	42441
education aid and its payment under sections 321.24 and 323.156 of	42442
the Revised Code, the department shall calculate and apply a	42443
proration factor to the payments to all community schools under	42444
that division for the students entitled to attend school in that	42445
district.	42446

(D) A board of education sponsoring a community school may	42447
utilize local funds to make enhancement grants to the school or	42448
may agree, either as part of the contract or separately, to	42449
provide any specific services to the community school at no cost	42450
to the school.	42451

~~(H)~~(E) A community school may not levy taxes or issue bonds	42452
secured by tax revenues.	42453

~~(I)~~(F) No community school shall charge tuition for the	42454
enrollment of any student.	42455

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	42456
necessary and actual expenses of the school in anticipation of the	42457
receipt of any portion of the payments to be received by the	42458
school pursuant to division ~~(D)~~(C) of this section. The school may	42459
issue notes to evidence such borrowing. The proceeds of the notes	42460
shall be used only for the purposes for which the anticipated	42461
receipts may be lawfully expended by the school.	42462

(b) A school may also borrow money for a term not to exceed	42463
fifteen years for the purpose of acquiring facilities.	42464

(2) Except for any amount guaranteed under section 3318.50 of	42465
the Revised Code, the state is not liable for debt incurred by the	42466
governing authority of a community school.	42467

~~(K) For purposes of determining the number of students for~~	42468
~~which divisions (D)(5) and (6) of this section applies in any~~	42469
~~school year, a community school may submit to the department of~~	42470
~~job and family services, no later than the first day of March, a~~	42471
~~list of the students enrolled in the school. For each student on~~	42472
~~the list, the community school shall indicate the student's name,~~	42473
~~address, and date of birth and the school district where the~~	42474
~~student is entitled to attend school. Upon receipt of a list under~~	42475
~~this division, the department of job and family services shall~~	42476
~~determine, for each school district where one or more students on~~	42477
~~the list is entitled to attend school, the number of students~~	42478
~~residing in that school district who were included in the~~	42479
~~department's report under section 3317.10 of the Revised Code. The~~	42480
~~department shall make this determination on the basis of~~	42481
~~information readily available to it. Upon making this~~	42482
~~determination and no later than ninety days after submission of~~	42483
~~the list by the community school, the department shall report to~~	42484
~~the state department of education the number of students on the~~	42485
~~list who reside in each school district who were included in the~~	42486
~~department's report under section 3317.10 of the Revised Code. In~~	42487
~~complying with this division, the department of job and family~~	42488
~~services shall not report to the state department of education any~~	42489
~~personally identifiable information on any student.~~	42490

~~(L)~~(H) The department of education shall adjust the amounts	42491
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	42492
section to reflect any enrollment of students in community schools	42493
for less than the equivalent of a full school year. The state	42494
board of education within ninety days after April 8, 2003, shall	42495
adopt in accordance with Chapter 119. of the Revised Code rules	42496
governing the payments to community schools under this section ~~and~~	42497
~~section 3314.13 of the Revised Code~~ including initial payments in	42498
a school year and adjustments and reductions made in subsequent	42499
periodic payments to community schools and corresponding	42500
deductions from school district accounts as provided under	42501
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	42502
~~of the Revised Code~~. For purposes of this section ~~and section~~	42503
~~3314.13 of the Revised Code~~:	42504

(1) A student shall be considered enrolled in the community	42505
school for any portion of the school year the student is	42506
participating at a college under Chapter 3365. of the Revised	42507
Code.	42508

(2) A student shall be considered to be enrolled in a	42509
community school for the period of time beginning on the later of	42510
the date on which the school both has received documentation of	42511
the student's enrollment from a parent and the student has	42512
commenced participation in learning opportunities as defined in	42513
the contract with the sponsor, or thirty days prior to the date on	42514
which the student is entered into the education management	42515
information system established under section 3301.0714 of the	42516
Revised Code. For purposes of applying this division and divisions	42517
~~(L)~~(H)(3) and (4) of this section to a community school student,	42518
"learning opportunities" shall be defined in the contract, which	42519
shall describe both classroom-based and non-classroom-based	42520
learning opportunities and shall be in compliance with criteria	42521
and documentation requirements for student participation which	42522
shall be established by the department. Any student's instruction	42523
time in non-classroom-based learning opportunities shall be	42524
certified by an employee of the community school. A student's	42525
enrollment shall be considered to cease on the date on which any	42526
of the following occur:	42527

(a) The community school receives documentation from a parent	42528
terminating enrollment of the student.	42529

(b) The community school is provided documentation of a	42530
student's enrollment in another public or private school.	42531

(c) The community school ceases to offer learning	42532
opportunities to the student pursuant to the terms of the contract	42533
with the sponsor or the operation of any provision of this	42534
chapter.	42535

Except as otherwise specified in this paragraph, beginning in	42536
the 2011-2012 school year, any student who completed the prior	42537
school year in an internet- or computer-based community school	42538
shall be considered to be enrolled in the same school in the	42539
subsequent school year until the student's enrollment has ceased	42540
as specified in division ~~(L)~~(H)(2) of this section. The department	42541
shall continue subtracting and paying amounts for the student	42542
under ~~divisions~~division (C) ~~and (D)~~ of this section without	42543
interruption at the start of the subsequent school year. However,	42544
if the student without a legitimate excuse fails to participate in	42545
the first one hundred five consecutive hours of learning	42546
opportunities offered to the student in that subsequent school	42547
year, the student shall be considered not to have re-enrolled in	42548
the school for that school year and the department shall	42549
recalculate the payments to the school for that school year to	42550
account for the fact that the student is not enrolled.	42551

(3) The department shall determine each community school	42552
student's percentage of full-time equivalency based on the	42553
percentage of learning opportunities offered by the community	42554
school to that student, reported either as number of hours or	42555
number of days, is of the total learning opportunities offered by	42556
the community school to a student who attends for the school's	42557
entire school year. However, no internet- or computer-based	42558
community school shall be credited for any time a student spends	42559
participating in learning opportunities beyond ten hours within	42560
any period of twenty-four consecutive hours. Whether it reports	42561
hours or days of learning opportunities, each community school	42562
shall offer not less than nine hundred twenty hours of learning	42563
opportunities during the school year.	42564

(4) With respect to the calculation of full-time equivalency	42565
under division ~~(L)~~(H)(3) of this section, the department shall	42566
waive the number of hours or days of learning opportunities not	42567
offered to a student because the community school was closed	42568
during the school year due to disease epidemic, hazardous weather	42569
conditions, law enforcement emergencies, inoperability of school	42570
buses or other equipment necessary to the school's operation,	42571
damage to a school building, or other temporary circumstances due	42572
to utility failure rendering the school building unfit for school	42573
use, so long as the school was actually open for instruction with	42574
students in attendance during that school year for not less than	42575
the minimum number of hours required by this chapter. The	42576
department shall treat the school as if it were open for	42577
instruction with students in attendance during the hours or days	42578
waived under this division.	42579

~~(M)~~(I) The department of education shall reduce the amounts	42580
paid under ~~division (D) of~~ this section to reflect payments made	42581
to colleges under division (B) of section 3365.07 of the Revised	42582
Code or through alternative funding agreements entered into under	42583
rules adopted under section 3365.12 of the Revised Code.	42584

~~(N)~~(J)(1) No student shall be considered enrolled in any	42585
internet- or computer-based community school or, if applicable to	42586
the student, in any community school that is required to provide	42587
the student with a computer pursuant to division (C) of section	42588
3314.22 of the Revised Code, unless both of the following	42589
conditions are satisfied:	42590

(a) The student possesses or has been provided with all	42591
required hardware and software materials and all such materials	42592
are operational so that the student is capable of fully	42593
participating in the learning opportunities specified in the	42594
contract between the school and the school's sponsor as required	42595
by division (A)(23) of section 3314.03 of the Revised Code;	42596

(b) The school is in compliance with division (A) of section	42597
3314.22 of the Revised Code, relative to such student.	42598

(2) In accordance with policies adopted jointly by the	42599
superintendent of public instruction and the auditor of state, the	42600
department shall reduce the amounts otherwise payable under	42601
division ~~(D)~~(C) of this section to any community school that	42602
includes in its program the provision of computer hardware and	42603
software materials to any student, if such hardware and software	42604
materials have not been delivered, installed, and activated for	42605
each such student in a timely manner or other educational	42606
materials or services have not been provided according to the	42607
contract between the individual community school and its sponsor.	42608

The superintendent of public instruction and the auditor of	42609
state shall jointly establish a method for auditing any community	42610
school to which this division pertains to ensure compliance with	42611
this section.	42612

The superintendent, auditor of state, and the governor shall	42613
jointly make recommendations to the general assembly for	42614
legislative changes that may be required to assure fiscal and	42615
academic accountability for such schools.	42616

~~(O)~~(K)(1) If the department determines that a review of a	42617
community school's enrollment is necessary, such review shall be	42618
completed and written notice of the findings shall be provided to	42619
the governing authority of the community school and its sponsor	42620
within ninety days of the end of the community school's fiscal	42621
year, unless extended for a period not to exceed thirty additional	42622
days for one of the following reasons:	42623

(a) The department and the community school mutually agree to	42624
the extension.	42625

(b) Delays in data submission caused by either a community	42626
school or its sponsor.	42627

(2) If the review results in a finding that additional	42628
funding is owed to the school, such payment shall be made within	42629
thirty days of the written notice. If the review results in a	42630
finding that the community school owes moneys to the state, the	42631
following procedure shall apply:	42632

(a) Within ten business days of the receipt of the notice of	42633
findings, the community school may appeal the department's	42634
determination to the state board of education or its designee.	42635

(b) The board or its designee shall conduct an informal	42636
hearing on the matter within thirty days of receipt of such an	42637
appeal and shall issue a decision within fifteen days of the	42638
conclusion of the hearing.	42639

(c) If the board has enlisted a designee to conduct the	42640
hearing, the designee shall certify its decision to the board. The	42641
board may accept the decision of the designee or may reject the	42642
decision of the designee and issue its own decision on the matter.	42643

(d) Any decision made by the board under this division is	42644
final.	42645

(3) If it is decided that the community school owes moneys to	42646
the state, the department shall deduct such amount from the	42647
school's future payments in accordance with guidelines issued by	42648
the superintendent of public instruction.	42649

~~(P)~~(L) The department shall not subtract from a school	42650
district's state aid account ~~under division (C) of this section~~	42651
and shall not pay to a community school under division ~~(D)~~(C) of	42652
this section any amount for any of the following:	42653

(1) Any student who has graduated from the twelfth grade of a	42654
public or nonpublic high school;	42655

(2) Any student who is not a resident of the state;

42656

(3) Any student who was enrolled in the community school	42657
during the previous school year when assessments were administered	42658
under section 3301.0711 of the Revised Code but did not take one	42659
or more of the assessments required by that section and was not	42660
excused pursuant to division (C)(1) or (3) of that section, unless	42661
the superintendent of public instruction grants the student a	42662
waiver from the requirement to take the assessment and a parent is	42663
not paying tuition for the student pursuant to section 3314.26 of	42664
the Revised Code. The superintendent may grant a waiver only for	42665
good cause in accordance with rules adopted by the state board of	42666
education.	42667

(4) Any student who has attained the age of twenty-two years,	42668
except for veterans of the armed services whose attendance was	42669
interrupted before completing the recognized twelve-year course of	42670
the public schools by reason of induction or enlistment in the	42671
armed forces and who apply for enrollment in a community school	42672
not later than four years after termination of war or their	42673
honorable discharge. If, however, any such veteran elects to	42674
enroll in special courses organized for veterans for whom tuition	42675
is paid under federal law, or otherwise, the department shall not	42676
subtract from a school district's state aid account ~~under division~~	42677
~~(C) of this section~~ and shall not pay to a community school under	42678
division ~~(D)~~(C) of this section any amount for that veteran.	42679

Sec. 3314.082. A community school shall be considered a	42680
school district and its governing authority shall be considered a	42681
board of education for the purpose of applying to any state or	42682
federal agency for grants that a school district may receive under	42683
federal or state law or any appropriations act of the general	42684
assembly. The governing authority of a community school may apply	42685
to any private entity for additional funds.	42686

Sec. 3314.083. If the department of education pays a joint	42687
vocational school district under division ~~(G)(4)~~(C)(3) of section	42688
3317.16 of the Revised Code for excess costs of providing special	42689
education and related services to a student with a disability who	42690
is enrolled in a community school, as calculated under division	42691
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	42692
amount of that payment from the amount calculated for payment to	42693
the community school under section 3314.08 of the Revised Code.	42694

Sec. 3314.084. (A) As used in this section:

42695

(1) "Formula ADM" has the same meaning as in section 3317.03	42696
of the Revised Code.	42697

(2) "Home" has the same meaning as in section 3313.64 of the	42698
Revised Code.	42699

(3) "School district of residence" has the same meaning as in	42700
section 3323.01 of the Revised Code; however, a community school	42701
established under this chapter is not a "school district of	42702
residence" for purposes of this section.	42703

(B) Notwithstanding anything to the contrary in section	42704
3314.08 or 3317.03 of the Revised Code, all of the following apply	42705
in the case of a child who is enrolled in a community school and	42706
is also living in a home:	42707

(1) For purposes of the report required under division (B)(1)	42708
of section 3314.08 of the Revised Code, the child's school	42709
district of residence, and not the school district in which the	42710
home that the child is living in is located, shall be considered	42711
to be the school district in which the child is entitled to attend	42712
school. That school district of residence, therefore, shall make	42713
the report required under division (B)(1) of section 3314.08 of	42714
the Revised Code with respect to the child.	42715

(2) For purposes of the report required under division (B)(2)	42716
of section 3314.08 of the Revised Code, the community school shall	42717
report the name of the child's school district of residence.	42718

(3) The child's school district of residence shall count the	42719
child in that district's formula ADM.	42720

(4) The school district in which the home that the child is	42721
living in is located shall not count the child in that district's	42722
formula ADM.	42723

(5) The ~~Department~~department of ~~Education~~education shall	42724
deduct the applicable amounts prescribed under division (C) of	42725
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	42726
Code from the child's school district of residence and shall not	42727
deduct those amounts from the school district in which the home	42728
that the child is living in is located.	42729

(6) The ~~Department~~department shall make the payments	42730
prescribed in ~~divisions (D) and (E)~~division (C) of section	42731
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	42732
the community school.	42733

Sec. 3314.086. A community school established under this	42734
chapter, including an internet- or computer-based community	42735
school, may provide career-technical education in the manner	42736
prescribed by section 3313.90 of the Revised Code. The community	42737
school may contract with any public agency, board, or bureau or	42738
with any private individual or firm for the purchase of any	42739
career-technical education or vocational rehabilitation service	42740
for any student enrolled in the community school and may pay for	42741
such services with funds received under section 3314.08 of the	42742
Revised Code.	42743

Sec. 3314.087. (A) As used in this section:

42744

(1) "Career-technical program" means ~~vocational~~	42745
career-technical programs or classes described in division (A) or,	42746
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	42747
which a student is enrolled.	42748

(2) "Formula ADM," "category one ~~or two vocational~~through	42749
five career-technical education ADM," and "FTE basis" have the	42750
same meanings as in section 3317.02 of the Revised Code.	42751

(3) "Resident school district" means the city, exempted	42752
village, or local school district in which a student is entitled	42753
to attend school under section 3313.64 or 3313.65 of the Revised	42754
Code.	42755

(B) Notwithstanding anything to the contrary in this chapter	42756
or Chapter 3317. of the Revised Code, a student enrolled in a	42757
community school may simultaneously enroll in the career-technical	42758
program operated by the student's resident school district. On an	42759
FTE basis, the student's resident school district shall count the	42760
student in the category one ~~or two vocational~~through five	42761
career-technical education ADM for the proportion of the time the	42762
student is enrolled in the district's career-technical program	42763
and, accordingly, the department of education shall calculate	42764
funds under Chapter 3317. for the district attributable to the	42765
student for the proportion of time the student attends the	42766
career-technical program. The community school shall count the	42767
student in its enrollment report under section 3314.08 of the	42768
Revised Code and shall report to the department the proportion of	42769
time that the student attends classes at the community school. The	42770
department shall pay the community school and deduct from the	42771
student's resident school district the amount computed for the	42772
student under section 3314.08 of the Revised Code in proportion to	42773
the fraction of the time on an FTE basis that the student attends	42774
classes at the community school. "Full-time equivalency" for a	42775
community school student, as defined in division ~~(L)~~(H) of section	42776
3314.08 of the Revised Code, does not apply to the student.	42777

Sec. 3314.09. (A) As used in this section and section	42778
3314.091 of the Revised Code, "native student" means a student	42779
entitled to attend school in the school district under section	42780
3313.64 or 3313.65 of the Revised Code.	42781

(B) Except as provided in section 3314.091 or 3327.02 of the	42782
Revised Code, the board of education of each city, local, and	42783
exempted village school district shall provide transportation to	42784
and from school for its ~~district's~~ native students in accordance	42785
with section 3327.01 of the Revised Code.	42786

Sec. 3314.091. ~~(A)~~A student who attends a community school	42787
that provides or arranges for transporting students pursuant to	42788
this section, or the student's parent or guardian, is not eligible	42789
for the subsidy prescribed by section 3327.02 of the Revised Code.	42790

(A) A school district is not required to provide	42791
transportation for any native student enrolled in a community	42792
school if the district board of education has entered into an	42793
agreement with the community school's governing authority that	42794
designates the community school as responsible for providing or	42795
arranging for the transportation of the district's native students	42796
to and from the community school. For any such agreement to be	42797
effective, it must be certified by the superintendent of public	42798
instruction as having met all of the following requirements:	42799

(1) It is submitted to the department of education by a	42800
deadline which shall be established by the department.	42801

(2) In accordance with divisions (C)(1) and (2) of this	42802
section, it specifies qualifications, such as residing a minimum	42803
distance from the school, for students to have their	42804
transportation provided or arranged.	42805

(3) The transportation provided by the community school is	42806
subject to all provisions of the Revised Code and all rules	42807
adopted under the Revised Code pertaining to pupil transportation.	42808

(4) The sponsor of the community school also has signed the	42809
agreement.	42810

(B)(1) For the school year that begins on July 1, 2007, a	42811
school district is not required to provide transportation for any	42812
native student enrolled in a community school, if the community	42813
school during the previous school year transported the students	42814
enrolled in the school or arranged for the students'	42815
transportation, even if that arrangement consisted of having	42816
parents transport their children to and from the school, but did	42817
not enter into an agreement to transport or arrange for	42818
transportation for those students under division (A) of this	42819
section, and if the governing authority of the community school by	42820
July 15, 2007, submits written notification to the district board	42821
of education stating that the governing authority is accepting	42822
responsibility for providing or arranging for the transportation	42823
of the district's native students to and from the community	42824
school.	42825

(2) ~~For~~Except as provided in division (B)(4) of this	42826
section, for any school year subsequent to the school year that	42827
begins on July 1, 2007, a school district is not required to	42828
provide transportation for any native student enrolled in a	42829
community school if the governing authority of the community	42830
school, by the thirty-first day of January of the previous school	42831
year, submits written notification to the district board of	42832
education stating that the governing authority is accepting	42833
responsibility for providing or arranging for the transportation	42834
of the district's native students to and from the community	42835
school. If the governing authority of the community school has	42836
previously accepted responsibility for providing or arranging for	42837
the transportation of a district's native students to and from the	42838
community school, under division (B)(1) or (2) of this section,	42839
and has since relinquished that responsibility under division	42840
(B)(3) of this section, the governing authority shall not accept	42841
that responsibility again unless the district board consents to	42842
the governing authority's acceptance of that responsibility.	42843

(3) A governing authority's acceptance of responsibility	42844
under division (B)(1) or (2) of this section shall cover an entire	42845
school year, and shall remain in effect for subsequent school	42846
years unless the governing authority submits written notification	42847
to the district board that the governing authority is	42848
relinquishing the responsibility. However, a governing authority	42849
shall not relinquish responsibility for transportation before the	42850
end of a school year, and shall submit the notice relinquishing	42851
responsibility by the thirty-first day of January, in order to	42852
allow the school district reasonable time to prepare	42853
transportation for its native students enrolled in the school.	42854

(4)(a) For any school year that begins on or after July 1,	42855
2014, a school district is not required to provide transportation	42856
for any native student enrolled in a community school scheduled to	42857
open for operation in the current school year, if the governing	42858
authority of the community school, by the fifteenth day of April	42859
of the previous school year, submits written notification to the	42860
district board of education stating that the governing authority	42861
is accepting responsibility for providing or arranging for the	42862
transportation of the district's native students to and from the	42863
community school.	42864

(b) The governing authority of a community school that	42865
accepts responsibility for transporting its students under	42866
division (4)(a) of this section shall comply with divisions (B)(2)	42867
and (3) of this section to renew or relinquish that authority for	42868
subsequent school years.	42869

(C)(1) A community school governing authority that enters	42870
into an agreement under division (A) of this section, or that	42871
accepts responsibility under division (B) of this section, shall	42872
provide or arrange transportation free of any charge for each of	42873
its enrolled students who is required to be transported under	42874
section 3327.01 of the Revised Code or who would otherwise be	42875
transported by the school district under the district's	42876
transportation policy. The governing authority shall report to the	42877
department of education the number of students transported or for	42878
whom transportation is arranged under this section in accordance	42879
with rules adopted by the state board of education.	42880

(2) The governing authority may provide or arrange	42881
transportation for any other enrolled student who is not eligible	42882
for transportation in accordance with division (C)(1) of this	42883
section and may charge a fee for such service up to the actual	42884
cost of the service.	42885

(3) Notwithstanding anything to the contrary in division	42886
(C)(1) or (2) of this section, a community school governing	42887
authority shall provide or arrange transportation free of any	42888
charge for any disabled student enrolled in the school for whom	42889
the student's individualized education program developed under	42890
Chapter 3323. of the Revised Code specifies transportation.	42891

(D)(1) If a school district board and a community school	42892
governing authority elect to enter into an agreement under	42893
division (A) of this section, the department of education shall	42894
make payments to the community school according to the terms of	42895
the agreement for each student actually transported under division	42896
(C)(1) of this section.	42897

If a community school governing authority accepts	42898
transportation responsibility under division (B) of this section,	42899
the department shall make payments to the community school for	42900
each student actually transported or for whom transportation is	42901
arranged by the community school under division (C)(1) of this	42902
section, calculated as follows:	42903

(a) For any fiscal year which the general assembly has	42904
specified that transportation payments to school districts be	42905
based on an across-the-board percentage of the district's payment	42906
for the previous school year, the per pupil payment to the	42907
community school shall be the following quotient:	42908

(i) The total amount calculated for the school district in	42909
which the child is entitled to attend school for student	42910
transportation other than transportation of children with	42911
disabilities; divided by	42912

(ii) The number of students included in the district's	42913
transportation ADM for the current fiscal year, as reported under	42914
division (B)~~(13)~~(19) of section 3317.03 of the Revised Code, plus	42915
the number of students enrolled in the community school not	42916
counted in the district's transportation ADM who are transported	42917
under division (B)(1) or (2) of this section.	42918

(b) For any fiscal year which the general assembly has	42919
specified that the transportation payments to school districts be	42920
calculated in accordance with section 3317.0212 of the Revised	42921
Code and any rules of the state board of education implementing	42922
that section, the payment to the community school shall be the	42923
amount so calculated that otherwise would be paid to the school	42924
district in which the student is entitled to attend school by the	42925
method of transportation the district would have used. The	42926
community school, however, is not required to use the same method	42927
to transport that student.	42928

(c) Divisions (D)(1)(a) and (b) of this section do not apply	42929
to fiscal years 2012 and 2013. Rather, for each of those fiscal	42930
years, the per pupil payment to a community school for	42931
transporting a student shall be the total amount paid under former	42932
section 3306.12 of the Revised Code for fiscal year 2011 to the	42933
school district in which the child is entitled to attend school	42934
divided by that district's "qualifying ridership," as defined in	42935
that section for fiscal year 2011.	42936

As used in this division "entitled to attend school" means	42937
entitled to attend school under section 3313.64 or 3313.65 of the	42938
Revised Code.	42939

(2) The department shall deduct the payment under division	42940
(D)(1) of this section from the state education aid, as defined in	42941
section 3314.08 of the Revised Code, and, if necessary, the	42942
payment under sections 321.14 and 323.156 of the Revised Code,	42943
that is otherwise paid to the school district in which the student	42944
enrolled in the community school is entitled to attend school. The	42945
department shall include the number of the district's native	42946
students for whom payment is made to a community school under	42947
division (D)(1) of this section in the calculation of the	42948
district's transportation payment under section 3317.0212 of the	42949
Revised Code and the operating appropriations act.	42950

(3) A community school shall be paid under division (D)(1) of	42951
this section only for students who are eligible as specified in	42952
section 3327.01 of the Revised Code and division (C)(1) of this	42953
section, and whose transportation to and from school is actually	42954
provided, who actually utilized transportation arranged, or for	42955
whom a payment in lieu of transportation is made by the community	42956
school's governing authority. To qualify for the payments, the	42957
community school shall report to the department, in the form and	42958
manner required by the department, data on the number of students	42959
transported or whose transportation is arranged, the number of	42960
miles traveled, cost to transport, and any other information	42961
requested by the department.	42962

(4) A community school shall use payments received under this	42963
section solely to pay the costs of providing or arranging for the	42964
transportation of students who are eligible as specified in	42965
section 3327.01 of the Revised Code and division (C)(1) of this	42966
section, which may include payments to a parent, guardian, or	42967
other person in charge of a child in lieu of transportation.	42968

(E) Except when arranged through payment to a parent,	42969
guardian, or person in charge of a child, transportation provided	42970
or arranged for by a community school pursuant to an agreement	42971
under this section is subject to all provisions of the Revised	42972
Code, and all rules adopted under the Revised Code, pertaining to	42973
the construction, design, equipment, and operation of school buses	42974
and other vehicles transporting students to and from school. The	42975
drivers and mechanics of the vehicles are subject to all	42976
provisions of the Revised Code, and all rules adopted under the	42977
Revised Code, pertaining to drivers and mechanics of such	42978
vehicles. The community school also shall comply with sections	42979
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	42980
of section 3327.16 of the Revised Code and, subject to division	42981
(C)(1) of this section~~, sections~~and section 3327.01 ~~and 3327.02~~	42982
of the Revised Code, as if it were a school district.	42983

Sec. 3314.092. The governing authority or operator of a	42984
community school established under this chapter shall consult with	42985
each school district board of education that transports students	42986
to the community school under sections 3314.09 and 3327.01 of the	42987
Revised Code prior to making any change in the hours or days in	42988
which the community school is open for instruction.	42989

Sec. 3314.11. (A) The board of education of each city,	42990
exempted village, and local school district monthly shall review	42991
enrollment for students enrolled in community schools established	42992
under this chapter and entitled to attend school in the district	42993
under section 3313.64 or 3313.65 of the Revised Code. For each	42994
student, the district shall verify to the department of education	42995
both of the following:	42996

(1) The community school in which the student is enrolled;

42997

(2) That the student is entitled to attend school in the	42998
district under section 3313.64 or 3313.65 of the Revised Code.	42999

(B) For purposes of its initial reporting of the school	43000
districts its students are entitled to attend, the governing	43001
authority of a community school may adopt a policy that prescribes	43002
the number of documents listed in division (E) of this section	43003
required to verify a student's residency. This policy, if adopted,	43004
shall supersede any policy concerning the number of documents for	43005
initial residency verification adopted by the district the student	43006
is entitled to attend. If a community school does not adopt a	43007
policy under this division, the policy of the school district in	43008
which the student is entitled to attend shall prevail.	43009

(C) In making the determinations under this section, the	43010
school district in which a parent or child resides is the location	43011
the parent or student has established as the primary residence and	43012
where substantial family activity takes place.	43013

(D) If a district's determination under division (A) of this	43014
section of the school district a student is entitled to attend	43015
under section 3313.64 or 3313.65 of the Revised Code differs from	43016
a community school's determination under division (B) of this	43017
section, the community school shall provide the school district	43018
that made the determination under division (A) of this section	43019
with documentation of the student's residency and shall make a	43020
good faith effort to accurately identify the correct residence of	43021
the student.	43022

(E) For purposes of this section, the following documents may	43023
serve as evidence of primary residence:	43024

(1) A deed, mortgage, lease, current home owner's or renter's	43025
insurance declaration page, or current real property tax bill;	43026

(2) A utility bill or receipt of utility installation issued	43027
within ninety days of enrollment;	43028

(3) A paycheck or paystub issued to the parent or student	43029
within ninety days of the date of enrollment that includes the	43030
address of the parent's or student's primary residence;	43031

(4) The most current available bank statement issued to the	43032
parent or student that includes the address of the parent's or	43033
student's primary residence;	43034

(5) Any other official document issued to the parent or	43035
student that includes the address of the parent's or student's	43036
primary residence. The superintendent of public instruction shall	43037
develop guidelines for determining what qualifies as an "official	43038
document" under this division.	43039

(F) When a student loses permanent housing and becomes a	43040
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	43041
child who is such a homeless child or youth changes temporary	43042
living arrangements, the district in which the student is entitled	43043
to attend school shall be determined in accordance with division	43044
(F)(13) of section 3313.64 of the Revised Code and the	43045
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	43046

(G) In the event of a disagreement as to which school	43047
district a student is entitled to attend, the community school,	43048
after complying with division (D) of this section, but not more	43049
than sixty days after the monthly deadline established by the	43050
department of education for reporting of community school	43051
enrollment, may present the matter to the superintendent of public	43052
instruction. Not later than thirty days after the community school	43053
presents the matter, the state superintendent, or the state	43054
superintendent's designee, shall determine which district the	43055
student is entitled to attend and shall direct any necessary	43056
adjustments to payments and deductions under ~~sections~~section	43057
3314.08 ~~and 3314.13~~ of the Revised Code based on that	43058
determination.	43059

Sec. 3314.26. (A) Each internet- or computer-based community	43060
school shall withdraw from the school any student who, for two	43061
consecutive school years, has failed to participate in the spring	43062
administration of any assessment prescribed under section	43063
3301.0710 or 3301.0712 of the Revised Code for the student's grade	43064
level and was not excused from the assessment pursuant to division	43065
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	43066
of whether a waiver was granted for the student under division	43067
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	43068
report any such student's data verification code, as assigned	43069
pursuant to section 3301.0714 of the Revised Code, to the	43070
department of education. The department shall maintain a list of	43071
all data verification codes reported under this division and	43072
section 3313.6410 of the Revised Code and provide that list to	43073
each internet- or computer-based community school and to each	43074
school to which section 3313.6410 of the Revised Code applies.	43075

(B) No internet- or computer-based community school shall	43076
receive any state funds under this chapter for any enrolled	43077
student whose data verification code appears on the list	43078
maintained by the department under division (A) of this section.	43079

Notwithstanding any provision of the Revised Code to the	43080
contrary, the parent of any such student shall pay tuition to the	43081
internet- or computer-based community school in an amount equal to	43082
the state funds the school otherwise would receive for that	43083
student, as determined by the department. An internet- or	43084
computer-based community school may withdraw any student for whom	43085
the parent does not pay tuition as required by this division.	43086

Sec. 3315.40. The board of education of a city, local,	43087
exempted village, or joint vocational school district or the	43088
governing board of any educational service center may establish an	43089
education foundation fund. Moneys in the fund shall consist of	43090
proceeds paid into the fund under division (B) of section 3313.36	43091
of the Revised Code. In addition, by resolution adopted by a	43092
majority of its members, a city, local, exempted village, or joint	43093
vocational board may annually direct the school district treasurer	43094
to pay into the education foundation fund an amount from the	43095
school district general fund not to exceed one-half of one per	43096
cent of the total appropriations of the school district as	43097
estimated by the board at the time the resolution is adopted or as	43098
set forth in the annual appropriation measure as most recently	43099
amended or supplemented; and any governing board, by resolution	43100
adopted by a majority of its members, may annually direct the	43101
service center treasurer to pay into the education foundation fund	43102
an amount not to exceed one-half of one per cent of the funds	43103
received by the governing board pursuant to an agreement entered	43104
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	43105
Code.	43106

Income from the investment of moneys in the fund shall be	43107
paid into the fund. A board, by resolution adopted by a majority	43108
of its members, may accept a trust created under section 3315.41	43109
of the Revised Code for the investment of money in the educational	43110
foundation fund and direct the school district or service center	43111
treasurer to pay to the trustee, the initial trust principal	43112
contemplated by the instrument creating the trust. A board that	43113
has accepted a trust created under section 3315.41 of the Revised	43114
Code may do any of the following by resolution adopted by a	43115
majority of its members: direct the school district or service	43116
center treasurer to pay additional amounts to the trust principal,	43117
amend the trust, revoke the trust, or provide for payment of	43118
compensation to the trustee.	43119

Moneys in the fund shall be expended only by resolution	43120
adopted by a majority of the members of the board for operating or	43121
capital costs of any existing or new and innovative program	43122
designed to enhance or promote education within the district or	43123
service center, such as scholarships for students or teachers.	43124

A board of education or governing board may appoint a	43125
committee of administrators to administer the education foundation	43126
fund and to make recommendations for the use of the fund. Members	43127
of the committee shall serve at the discretion of the appointing	43128
board. Members shall receive no compensation, but may be	43129
reimbursed for actual and necessary expenses incurred in the	43130
performance of their official duties.	43131

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	43132
Code do not apply to either of the following:	43133

(A) A school district that has received funds for a project	43134
under Chapter 3318. of the Revised Code, so long as the purchase	43135
price to be paid by the board for the state's interest in the	43136
project has not been paid;	43137

(B) A school district that has an outstanding loan under	43138
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	43139
Code.	43140

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	43141
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	43142
Code, and subject to the approval of the superintendent of public	43143
instruction, a school district that is in a state of fiscal watch	43144
declared under section 3316.03 of the Revised Code may restructure	43145
or refinance loans obtained or in the process of being obtained	43146
under section 3313.483 of the Revised Code if all of the following	43147
requirements are met:	43148

(1) The operating deficit certified for the school district	43149
for the current or preceding fiscal year under section 3313.483 of	43150
the Revised Code exceeds fifteen per cent of the district's	43151
general revenue fund for the fiscal year preceding the year for	43152
which the certification of the operating deficit is made.	43153

(2) The school district voters have, during the period of the	43154
fiscal watch, approved the levy of a tax under section 718.09,	43155
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	43156
that is not a renewal or replacement levy, or a levy under section	43157
5705.199 of the Revised Code, and that will provide new operating	43158
revenue.	43159

(3) The board of education of the school district has adopted	43160
or amended the financial plan required by section 3316.04 of the	43161
Revised Code to reflect the restructured or refinanced loans, and	43162
sets forth the means by which the district will bring projected	43163
operating revenues and expenditures, and projected debt service	43164
obligations, into balance for the life of any such loan.	43165

(B) Subject to the approval of the superintendent of public	43166
instruction, the school district may issue securities to evidence	43167
the restructuring or refinancing authorized by this section. Such	43168
securities may extend the original period for repayment not to	43169
exceed ten years, and may alter the frequency and amount of	43170
repayments, interest or other financing charges, and other terms	43171
or agreements under which the loans were originally contracted,	43172
provided the loans received under sections 3313.483 of the Revised	43173
Code are repaid from funds the district would otherwise receive	43174
under Chapter 3317. of the Revised Code, as required under	43175
division (E)(3) of section 3313.483 of the Revised Code.	43176
Securities issued for the purpose of restructuring or refinancing	43177
under this section shall be repaid in equal payments and at equal	43178
intervals over the term of the debt and are not eligible to be	43179
included in any subsequent proposal to restructure or refinance.	43180

(C) Unless the district is declared to be in a state of	43181
fiscal emergency under division (D) of section 3316.04 of the	43182
Revised Code, a school district shall remain in a state of fiscal	43183
watch for the duration of the repayment period of any loan	43184
restructured or refinanced under this section.	43185

Sec. 3316.06. (A) Within one hundred twenty days after the	43186
first meeting of a school district financial planning and	43187
supervision commission, the commission shall adopt a financial	43188
recovery plan regarding the school district for which the	43189
commission was created. During the formulation of the plan, the	43190
commission shall seek appropriate input from the school district	43191
board and from the community. This plan shall contain the	43192
following:	43193

(1) Actions to be taken to:

43194

(a) Eliminate all fiscal emergency conditions declared to	43195
exist pursuant to division (B) of section 3316.03 of the Revised	43196
Code;	43197

(b) Satisfy any judgments, past-due accounts payable, and all	43198
past-due and payable payroll and fringe benefits;	43199

(c) Eliminate the deficits in all deficit funds, except that	43200
any prior year deficits in the capital and maintenance fund	43201
established pursuant to section 3315.18 of the Revised Code shall	43202
be forgiven;	43203

(d) Restore to special funds any moneys from such funds that	43204
were used for purposes not within the purposes of such funds, or	43205
borrowed from such funds by the purchase of debt obligations of	43206
the school district with the moneys of such funds, or missing from	43207
the special funds and not accounted for, if any;	43208

(e) Balance the budget, avoid future deficits in any funds,	43209
and maintain on a current basis payments of payroll, fringe	43210
benefits, and all accounts;	43211

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

43212

(g) Restore the ability of the school district to market	43213
long-term general obligation bonds under provisions of law	43214
applicable to school districts generally.	43215

(2) The management structure that will enable the school	43216
district to take the actions enumerated in division (A)(1) of this	43217
section. The plan shall specify the level of fiscal and management	43218
control that the commission will exercise within the school	43219
district during the period of fiscal emergency, and shall	43220
enumerate respectively, the powers and duties of the commission	43221
and the powers and duties of the school board during that period.	43222
The commission may elect to assume any of the powers and duties of	43223
the school board it considers necessary, including all powers	43224
related to personnel, curriculum, and legal issues in order to	43225
successfully implement the actions described in division (A)(1) of	43226
this section.	43227

(3) The target dates for the commencement, progress upon, and	43228
completion of the actions enumerated in division (A)(1) of this	43229
section and a reasonable period of time expected to be required to	43230
implement the plan. The commission shall prepare a reasonable time	43231
schedule for progress toward and achievement of the requirements	43232
for the plan, and the plan shall be consistent with that time	43233
schedule.	43234

(4) The amount and purpose of any issue of debt obligations	43235
that will be issued, together with assurances that any such debt	43236
obligations that will be issued will not exceed debt limits	43237
supported by appropriate certifications by the fiscal officer of	43238
the school district and the county auditor. Debt obligations	43239
issued pursuant to section 133.301 of the Revised Code shall	43240
include assurances that such debt shall be in an amount not to	43241
exceed the amount certified under division (B) of such section. If	43242
the commission considers it necessary in order to maintain or	43243
improve educational opportunities of pupils in the school	43244
district, the plan may include a proposal to restructure or	43245
refinance outstanding debt obligations incurred by the board under	43246
section 3313.483 of the Revised Code contingent upon the approval,	43247
during the period of the fiscal emergency, by district voters of a	43248
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	43249
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	43250
renewal or replacement levy, or a levy under section 5705.199 of	43251
the Revised Code, and that will provide new operating revenue.	43252
Notwithstanding any provision of Chapter 133. or sections 3313.483	43253
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	43254
approval of the district voters and with the approval of the	43255
commission, the school district may issue securities to evidence	43256
the restructuring or refinancing. Those securities may extend the	43257
original period for repayment, not to exceed ten years, and may	43258
alter the frequency and amount of repayments, interest or other	43259
financing charges, and other terms of agreements under which the	43260
debt originally was contracted, at the discretion of the	43261
commission, provided that any loans received pursuant to section	43262
3313.483 of the Revised Code shall be paid from funds the district	43263
would otherwise receive under Chapter 3317. of the Revised Code,	43264
as required under division (E)(3) of section 3313.483 of the	43265
Revised Code. The securities issued for the purpose of	43266
restructuring or refinancing the debt shall be repaid in equal	43267
payments and at equal intervals over the term of the debt and are	43268
not eligible to be included in any subsequent proposal for the	43269
purpose of restructuring or refinancing debt under this section.	43270

(5) An evaluation of the feasibility of entering into shared	43271
services agreements with other political subdivisions for the	43272
joint exercise of any power, performance of any function, or	43273
rendering of any service, if so authorized by statute.	43274

(B) Any financial recovery plan may be amended subsequent to	43275
its adoption. Each financial recovery plan shall be updated	43276
annually.	43277

(C) Each school district financial planning and supervision	43278
commission shall submit the financial recovery plan it adopts or	43279
updates under this section to the state superintendent of public	43280
instruction for approval immediately following its adoption or	43281
updating. The state superintendent shall evaluate the plan and	43282
either approve or disapprove it within thirty calendar days from	43283
the date of its submission. If the plan is disapproved, the state	43284
superintendent shall recommend modifications that will render it	43285
acceptable. No financial planning and supervision commission shall	43286
implement a financial recovery plan that is adopted or updated on	43287
or after April 10, 2001, unless the state superintendent has	43288
approved it.	43289

Sec. 3317.01. As used in this section, "school district,"	43290
unless otherwise specified, means any city, local, exempted	43291
village, joint vocational, or cooperative education school	43292
district and any educational service center.	43293

This chapter shall be administered by the state board of	43294
education. The superintendent of public instruction shall	43295
calculate the amounts payable to each school district and shall	43296
certify the amounts payable to each eligible district to the	43297
treasurer of the district as provided by this chapter. As soon as	43298
possible after such amounts are calculated, the superintendent	43299
shall certify to the treasurer of each school district the	43300
district's adjusted charge-off increase, as defined in section	43301
5705.211 of the Revised Code. Certification of moneys pursuant to	43302
this section shall include the amounts payable to each school	43303
building, at a frequency determined by the superintendent, for	43304
each subgroup of students, as defined in section 3317.40 of the	43305
Revised Code, receiving services, provided for by state funding,	43306
from the district or school. No moneys shall be distributed	43307
pursuant to this chapter without the approval of the controlling	43308
board.	43309

The state board of education shall, in accordance with	43310
appropriations made by the general assembly, meet the financial	43311
obligations of this chapter.	43312

Moneys distributed pursuant to this chapter shall be	43313
calculated based on the annualized average of the monthly	43314
certifications required under section 3317.03 of the Revised Code	43315
and paid on a fiscal year basis, beginning with the first day of	43316
July and extending through the thirtieth day of June. The moneys	43317
appropriated for each fiscal year shall be distributed	43318
periodically to each school district unless otherwise provided	43319
for. The state board, in June of each year, shall submit to the	43320
controlling board the state board's year-end distributions	43321
pursuant to this chapter.	43322

Except as otherwise provided, payments under this chapter	43323
shall be made only to those school districts in which:	43324

(A) The school district, except for any educational service	43325
center and any joint vocational or cooperative education school	43326
district, levies for current operating expenses at least twenty	43327
mills. Levies for joint vocational or cooperative education school	43328
districts or county school financing districts, limited to or to	43329
the extent apportioned to current expenses, shall be included in	43330
this qualification requirement. School district income tax levies	43331
under Chapter 5748. of the Revised Code, limited to or to the	43332
extent apportioned to current operating expenses, shall be	43333
included in this qualification requirement to the extent	43334
determined by the tax commissioner under division (D) of section	43335
3317.021 of the Revised Code.	43336

(B) The school year next preceding the fiscal year for which	43337
such payments are authorized meets the requirement of section	43338
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	43339
minimum number of ~~days or~~ hours school must be open for	43340
instruction with pupils in attendance, for individualized	43341
parent-teacher conference and reporting periods, and for	43342
professional meetings of teachers. ~~This requirement shall be~~	43343
~~waived by the superintendent of public instruction if it had been~~	43344
~~necessary for a school to be closed because of disease epidemic,~~	43345
~~hazardous weather conditions, law enforcement emergencies,~~	43346
~~inoperability of school buses or other equipment necessary to the~~	43347
~~school's operation, damage to a school building, or other~~	43348
~~temporary circumstances due to utility failure rendering the~~	43349
~~school building unfit for school use, provided that for those~~	43350
~~school districts operating pursuant to section 3313.48 of the~~	43351
~~Revised Code the number of days the school was actually open for~~	43352
~~instruction with pupils in attendance and for individualized~~	43353
~~parent-teacher conference and reporting periods is not less than~~	43354
~~one hundred seventy-five, or for those school districts operating~~	43355
~~on a trimester plan the number of days the school was actually~~	43356
~~open for instruction with pupils in attendance not less than~~	43357
~~seventy-nine days in any trimester, for those school districts~~	43358
~~operating on a quarterly plan the number of days the school was~~	43359
~~actually open for instruction with pupils in attendance not less~~	43360
~~than fifty-nine days in any quarter, or for those school districts~~	43361
~~operating on a pentamester plan the number of days the school was~~	43362
~~actually open for instruction with pupils in attendance not less~~	43363
~~than forty-four days in any pentamester.~~	43364

A school district shall not be considered to have failed to	43365
comply with this division ~~or section 3313.481 of the Revised Code~~	43366
because schools were open for instruction but either twelfth grade	43367
students were excused from attendance for up to the equivalent of	43368
three school days or only a portion of the kindergarten students	43369
were in attendance for up to the equivalent of three school days	43370
in order to allow for the gradual orientation to school of such	43371
students.	43372

~~The superintendent of public instruction shall waive the~~	43373
~~requirements of this section with reference to the minimum number~~	43374
~~of days or hours school must be in session with pupils in~~	43375
~~attendance for the school year succeeding the school year in which~~	43376
~~a board of education initiates a plan of operation pursuant to~~	43377
~~section 3313.481 of the Revised Code. The minimum requirements of~~	43378
~~this section shall again be applicable to such a district~~	43379
~~beginning with the school year commencing the second July~~	43380
~~succeeding the initiation of one such plan, and for each school~~	43381
~~year thereafter.~~	43382

~~A school district shall not be considered to have failed to~~	43383
~~comply with this division or section 3313.48 or 3313.481 of the~~	43384
~~Revised Code because schools were open for instruction but the~~	43385
~~length of the regularly scheduled school day, for any number of~~	43386
~~days during the school year, was reduced by not more than two~~	43387
~~hours due to hazardous weather conditions.~~	43388

A board of education or governing board of an educational	43389
service center which has not conformed with other law and the	43390
rules pursuant thereto, shall not participate in the distribution	43391
of funds authorized by this chapter, except for good and	43392
sufficient reason established to the satisfaction of the state	43393
board of education and the state controlling board.	43394

All funds allocated to school districts under this chapter,	43395
except those specifically allocated for other purposes, shall be	43396
used to pay current operating expenses only.	43397

Sec. 3317.013. ~~Except for a preschool child with a~~	43398
~~disability for whom a scholarship has been awarded under section~~	43399
~~3310.41 of the Revised Code, this section does not apply to~~	43400
~~preschool children with disabilities.~~	43401

~~Analysis of special education cost data has resulted in a~~	43402
~~finding that the average special education additional cost per~~	43403
~~pupil, including the costs of related services, can be expressed~~	43404
~~as a multiple of the formula amount.~~ The multiples for the	43405
following categories of special education programs, as these	43406
programs are defined for purposes of Chapter 3323. of the Revised	43407
Code, and adjusted as provided in this section, are as follows:	43408

(A) A multiple of 0.2906 for students whose primary or only	43409
identified disability is a speech and language disability, as this	43410
term is defined pursuant to Chapter 3323. of the Revised Code;	43411

(B) A multiple of 0.7374 for students identified as specific	43412
learning disabled or developmentally disabled, as these terms are	43413
defined pursuant to Chapter 3323. of the Revised Code, or as	43414
having an other health impairment-minor;	43415

(C) A multiple of 1.7716 for students identified as hearing	43416
disabled or severe behavior disabled, as these terms are defined	43417
pursuant to Chapter 3323. of the Revised Code;	43418

(D) A multiple of 2.3643 for students identified as vision	43419
impaired, as this term is defined pursuant to Chapter 3323. of the	43420
Revised Code, or as having an other health impairment-major;	43421

(E) A multiple of 3.2022 for students identified as	43422
orthopedically disabled or as having multiple disabilities, as	43423
these terms are defined pursuant to Chapter 3323. of the Revised	43424
Code;	43425

(F) A multiple of 4.7205 for students identified as autistic,	43426
having traumatic brain injuries, or as both visually and hearing	43427
impaired, as these terms are defined pursuant to Chapter 3323. of	43428
the Revised Code.	43429

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	43430
The multiples specified in divisions (A) to (F) of this section	43431
shall be adjusted by multiplying them by 0.90.	43432

Sec. 3317.014. The career-technical education additional	43433
cost per pupil for each student enrolled in career-technical	43434
education programs approved by the department of education in	43435
accordance with rules adopted under section 3313.90 of the Revised	43436
Code can be expressed as a multiple of the formula amount. The	43437
multiples for the following categories of career-technical	43438
education programs are as follows:	43439

(A) A multiple of 0.76 for each student enrolled in	43440
career-technical education workforce development programs in	43441
environmental and agricultural systems, construction technologies,	43442
engineering and science technologies, finance, health science,	43443
information technology, and manufacturing technologies;	43444

(B) A multiple of 0.68 for each student enrolled in workforce	43445
development programs in business and administration, hospitality	43446
and tourism, human services, law and public safety, and	43447
transportation systems;	43448

(C) A multiple of 0.43 for students enrolled in workforce	43449
development career-based intervention programs;	43450

(D) A multiple of 0.31 for students enrolled in workforce	43451
development programs in arts and communications, education and	43452
training, marketing, workforce development academics, and career	43453
development;	43454

(E) A multiple of 0.24 for students enrolled in family and	43455
consumer science programs.	43456

Career-technical education associated services costs can be	43457
expressed as a multiple of 0.05 of the formula amount.	43458

Sec. 3317.016. The amounts for limited English proficient	43459
students shall be as follows:	43460

(A) An amount of $1,500, in fiscal year 2014, and $1,515, in	43461
fiscal year 2015, for each student who has been enrolled in	43462
schools in the United States for 180 school days or less and was	43463
not previously exempted from taking the spring administration of	43464
either of the state's English language arts assessments prescribed	43465
by section 3301.0710 of the Revised Code (reading or writing).	43466

(B) An amount of $1,125, in fiscal year 2014, and $1,136, in	43467
fiscal year 2015, for each student who has been enrolled in	43468
schools in the United States for more than 180 school days or was	43469
previously exempted from taking the spring administration of	43470
either of the state's English language arts assessments prescribed	43471
by section 3301.0710 of the Revised Code (reading or writing).	43472

(C) An amount of $750, in fiscal year 2014, and $758, in	43473
fiscal year 2015, for each student who does not qualify for	43474
inclusion under division (A) or (B) of this section and is in a	43475
trial-mainstream period, as defined by the department.	43476

Sec. 3317.017. The department of education shall compute a	43477
school district's state share index as follows:	43478

(A) Calculate the district's valuation index, which equals	43479
the following quotient:	43480

(The district's three-year average valuation / the district's	43481
total ADM) / (the statewide three-year average valuation for	43482
school districts with a total ADM greater than zero / the	43483
statewide total ADM)	43484

(B) Calculate the district's median income index, which	43485
equals the following quotient:	43486

(The district's median Ohio adjusted gross income / the	43487
median of the median Ohio adjusted gross income of all districts	43488
statewide)	43489

43490

(1) If the district's median income index is less than the	43491
district's valuation index, then the district's wealth index shall	43492
be equal to [(1/3 X the district's median income index) + (2/3 X	43493
the district's valuation index)].	43494

(2) If the district's median income index is greater than or	43495
equal to the district's valuation index, then the district's	43496
wealth index shall be equal to the district's valuation index.	43497

(D) Determine the district's state share index as follows:

43498

(1) If the district's wealth index is less than or equal to	43499
0.35, then the district's state share index shall be equal to	43500
0.90.	43501

(2) If the district's wealth index is greater than 0.35 but	43502
less than or equal to 0.90, then the district's state share index	43503
shall be equal to {0.40 X [(0.90 – the district's wealth index) /	43504
0.55]} + 0.50.	43505

(3) If the district's wealth index is greater than 0.90 but	43506
less than 1.8, then the district's state share index shall be	43507
equal to {0.45 X [(1.8 – the district's wealth index) / 0.9]} +	43508
0.05.	43509

(4) If the district's wealth index is greater than or equal	43510
to 1.8, then the district's state share index shall be equal to	43511
0.05.	43512

(E)(1) For each school district for which the tax-exempt	43513
value of the district, as certified under division (A)(4) of	43514
section 3317.021 of the Revised Code, equals or exceeds thirty per	43515
cent of the potential value of the district, the department shall	43516
calculate the difference between the district's tax-exempt value	43517
and thirty per cent of the district's potential value. For this	43518
purpose, the "potential value" of a school district is the	43519
three-year average valuation of the district plus the tax-exempt	43520
value of the district.	43521

(2) For each school district to which division (E)(1) of this	43522
section applies, the department shall adjust the three-year	43523
average valuation used in the calculation under division (A) of	43524
this section by subtracting from it the amount calculated under	43525
division (E)(1) of this section.	43526

(F) When performing the calculations required under this	43527
section, the department shall not round to fewer than four decimal	43528
places.	43529

For purposes of these calculations for fiscal years 2014 and	43530
2015, "three-year average valuation" means the average of total	43531
taxable value for fiscal years 2012, 2013, and 2014; "total ADM"	43532
means the total ADM for fiscal year 2014; "median Ohio adjusted	43533
gross income" means the median Ohio adjusted gross income for tax	43534
year 2011; and "tax-exempt value" means the tax-exempt value for	43535
fiscal year 2014.	43536

Sec. 3317.02. As used in this chapter:

43537

(A)(1) "Category one limited English proficient ADM" means	43538
the average daily membership of limited English proficient	43539
students described in division (A) of section 3317.016 of the	43540
Revised Code and reported under division (B)(16) or (D)(2)(h) of	43541
section 3317.03 of the Revised Code.	43542

(2) "Category two limited English proficient ADM" means the	43543
average daily membership of limited English proficient students	43544
described in division (B) of section 3317.016 of the Revised Code	43545
and reported under division (B)(17) or (D)(2)(i) of section	43546
3317.03 of the Revised Code.	43547

(3) "Category three limited English proficient ADM" means the	43548
average daily membership of limited English proficient students	43549
described in division (C) of section 3317.016 of the Revised Code	43550
and reported under division (B)(18) or (D)(2)(j) of section	43551
3317.03 of the Revised Code.	43552

(B)(1) "Category one special education ADM" means the average	43553
daily membership of children with disabilities receiving special	43554
education services for the disability specified in division (A) of	43555
section 3317.013 of the Revised Code and reported under division	43556
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	43557

(2) "Category two special education ADM" means the average	43558
daily membership of children with disabilities receiving special	43559
education services for those disabilities specified in division	43560
(B) of section 3317.013 of the Revised Code and reported under	43561
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	43562
Code.	43563

(3) "Category three special education ADM" means the average	43564
daily membership of students receiving special education services	43565
for those disabilities specified in division (C) of section	43566
3317.013 of the Revised Code, and reported under division (B)(7)	43567
or (D)(2)(d) of section 3317.03 of the Revised Code.	43568

(4) "Category four special education ADM" means the average	43569
daily membership of students receiving special education services	43570
for those disabilities specified in division (D) of section	43571
3317.013 of the Revised Code and reported under division (B)(8) or	43572
(D)(2)(e) of section 3317.03 of the Revised Code.	43573

(5) "Category five special education ADM" means the average	43574
daily membership of students receiving special education services	43575
for the disabilities specified in division (E) of section 3317.013	43576
of the Revised Code and reported under division (B)(9) or	43577
(D)(2)(f) of section 3317.03 of the Revised Code.	43578

(6) "Category six special education ADM" means the average	43579
daily membership of students receiving special education services	43580
for the disabilities specified in division (F) of section 3317.013	43581
of the Revised Code and reported under division (B)(10) or	43582
(D)(2)(g) of section 3317.03 of the Revised Code.	43583

(C) "County DD board" means a county board of developmental	43584
disabilities.	43585

(D) "Economically disadvantaged index for a school district"	43586
means the square of the quotient of that district's percentage of	43587
students in its total ADM who are identified as economically	43588
disadvantaged as defined by the department of education, divided	43589
by the statewide percentage of students identified as economically	43590
disadvantaged.	43591

(E)(1) "Formula ADM" means, for a city, local, or exempted	43592
village school district, the average daily membership described in	43593
division (A) of section 3317.03 of the Revised Code, as verified	43594
by the superintendent of public instruction and adjusted if so	43595
ordered under division (K) of that section, and as further	43596
adjusted by counting only twenty per cent of the number of joint	43597
vocational school district students counted under division (A)(3)	43598
of section 3317.03 of the Revised Code.	43599

(2) "Formula ADM" means, for a joint vocational school	43600
district, the final number verified by the superintendent of	43601
public instruction, based on the number reported pursuant to	43602
division (D) of section 3317.03 of the Revised Code, as adjusted,	43603
if so ordered, under division (K) of that section.	43604

(F) "Formula amount" means $5,732, for fiscal year 2014, and	43605
$5,789, for fiscal year 2015.	43606

(G) "FTE basis" means a count of students based on full-time	43607
equivalency, in accordance with rules adopted by the department of	43608
education pursuant to section 3317.03 of the Revised Code. In	43609
adopting its rules under this division, the department shall	43610
provide for counting any student in category one, two, three,	43611
four, five, or six special education ADM or in category one, two,	43612
three, four, or five career technical education ADM in the same	43613
proportion the student is counted in formula ADM.	43614

(H) "Internet- or computer-based community school" has the	43615
same meaning as in section 3314.02 of the Revised Code.	43616

(I) "Medically fragile child" means a child to whom all of	43617
the following apply:	43618

(1) The child requires the services of a doctor of medicine	43619
or osteopathic medicine at least once a week due to the	43620
instability of the child's medical condition.	43621

(2) The child requires the services of a registered nurse on	43622
a daily basis.	43623

(3) The child is at risk of institutionalization in a	43624
hospital, skilled nursing facility, or intermediate care facility	43625
for the mentally retarded.	43626

(J)(1) A child may be identified as having an "other health	43627
impairment-major" if the child's condition meets the definition of	43628
"other health impaired" established in rules previously adopted by	43629
the state board of education and if either of the following apply:	43630

(a) The child is identified as having a medical condition	43631
that is among those listed by the superintendent of public	43632
instruction as conditions where a substantial majority of cases	43633
fall within the definition of "medically fragile child."	43634

(b) The child is determined by the superintendent of public	43635
instruction to be a medically fragile child. A school district	43636
superintendent may petition the superintendent of public	43637
instruction for a determination that a child is a medically	43638
fragile child.	43639

(2) A child may be identified as having an "other health	43640
impairment-minor" if the child's condition meets the definition of	43641
"other health impaired" established in rules previously adopted by	43642
the state board of education but the child's condition does not	43643
meet either of the conditions specified in division (J)(1)(a) or	43644
(b) of this section.	43645

(K) "Preschool child with a disability" means a child with a	43646
disability, as defined in section 3323.01 of the Revised Code, who	43647
is at least age three but is not of compulsory school age, as	43648
defined in section 3321.01 of the Revised Code, and who is not	43649
currently enrolled in kindergarten.	43650

(L) "Preschool scholarship ADM" means the number of preschool	43651
children with disabilities reported under division (B)(3)(h) of	43652
section 3317.03 of the Revised Code.	43653

(M) "Related services" includes:

43654

(1) Child study, special education supervisors and	43655
coordinators, speech and hearing services, adaptive physical	43656
development services, occupational or physical therapy, teacher	43657
assistants for children with disabilities whose disabilities are	43658
described in division (B) of section 3317.013 or division (B)(3)	43659
of this section, behavioral intervention, interpreter services,	43660
work study, nursing services, and specialized integrative services	43661
as those terms are defined by the department;	43662

(2) Speech and language services provided to any student with	43663
a disability, including any student whose primary or only	43664
disability is a speech and language disability;	43665

(3) Any related service not specifically covered by other	43666
state funds but specified in federal law, including but not	43667
limited to, audiology and school psychological services;	43668

(4) Any service included in units funded under former	43669
division (O)(1) of section 3317.024 of the Revised Code;	43670

(5) Any other related service needed by children with	43671
disabilities in accordance with their individualized education	43672
programs.	43673

(N) "School district," unless otherwise specified, means	43674
city, local, and exempted village school districts.	43675

(O) "State education aid" has the same meaning as in section	43676
5751.20 of the Revised Code.	43677

(P) "State share index" means the state share index	43678
calculated for a district under section 3317.017 of the Revised	43679
Code.	43680

(Q) "Taxes charged and payable" means the taxes charged and	43681
payable against real and public utility property after making the	43682
reduction required by section 319.301 of the Revised Code, plus	43683
the taxes levied against tangible personal property.	43684

(R) "Total ADM" means, for a city, local, or exempted village	43685
school district, the average daily membership described in	43686
division (A) of section 3317.03 of the Revised Code, as verified	43687
by the superintendent of public instruction and adjusted if so	43688
ordered under division (K) of that section.	43689

(S) "Total special education ADM" means the sum of categories	43690
one through six special education ADM.	43691

(T) "Total career-technical education weight" for a district	43692
means the sum of the following:	43693

(1) The district's category one career-technical education	43694
ADM multiplied by the multiple specified in division (A) of	43695
section 3317.014 of the Revised Code;	43696

(2) The district's category two career-technical education	43697
ADM multiplied by the multiple specified in division (B) of	43698
section 3317.014 of the Revised Code;	43699

(3) The district's category three career-technical education	43700
ADM multiplied by the multiple specified in division (C) of	43701
section 3317.014 of the Revised Code;	43702

(4) The district's category four career-technical education	43703
ADM multiplied by the multiple specified in division (D) of	43704
section 3317.014 of the Revised Code;	43705

(5) The district's category five career-technical education	43706
ADM multiplied by the multiple specified in division (E) of	43707
section 3317.014 of the Revised Code.	43708

(U) "Total special education weight" for a district means the	43709
sum of the following:	43710

(1) The district's category one special education ADM	43711
multiplied by the multiple specified in division (A) of section	43712
3317.013 of the Revised Code;	43713

(2) The district's category two special education ADM	43714
multiplied by the multiple specified in division (B) of section	43715
3317.013 of the Revised Code;	43716

(3) The district's category three special education ADM	43717
multiplied by the multiple specified in division (C) of section	43718
3317.013 of the Revised Code;	43719

(4) The district's category four special education ADM	43720
multiplied by the multiple specified in division (D) of section	43721
3317.013 of the Revised Code;	43722

(5) The district's category five special education ADM	43723
multiplied by the multiple specified in division (E) of section	43724
3317.013 of the Revised Code;	43725

(6) The district's category six special education ADM	43726
multiplied by the multiple specified in division (F) of section	43727
3317.013 of the Revised Code.	43728

(V) "Total taxable value" means the sum of the amounts	43729
certified for a city, local, exempted village, or joint vocational	43730
school district under divisions (A)(1) and (2) of section 3317.021	43731
of the Revised Code.	43732

Sec. 3317.021. (A) On or before the first day of June of	43733
each year, the tax commissioner shall certify to the department of	43734
education and the office of budget and management the information	43735
described in divisions (A)(1) to (7) of this section for each	43736
city, exempted village, and local school district, and the	43737
information required by divisions (A)(1) and (2) of this section	43738
for each joint vocational school district, and it shall be used,	43739
along with the information certified under division (B) of this	43740
section, in making the computations for the district under this	43741
chapter.	43742

(1) The taxable value of real and public utility real	43743
property in the school district subject to taxation in the	43744
preceding tax year, by class and by county of location.	43745

(2) The taxable value of tangible personal property,	43746
including public utility personal property, subject to taxation by	43747
the district for the preceding tax year.	43748

(3)(a) The total property tax rate and total taxes charged	43749
and payable for the current expenses for the preceding tax year	43750
and the total property tax rate and the total taxes charged and	43751
payable to a joint vocational district for the preceding tax year	43752
that are limited to or to the extent apportioned to current	43753
expenses.	43754

(b) The portion of the amount of taxes charged and payable	43755
reported for each city, local, and exempted village school	43756
district under division (A)(3)(a) of this section attributable to	43757
a joint vocational school district.	43758

(4) The value of all real and public utility real property in	43759
the school district exempted from taxation minus both of the	43760
following:	43761

(a) The value of real and public utility real property in the	43762
district owned by the United States government and used	43763
exclusively for a public purpose;	43764

(b) The value of real and public utility real property in the	43765
district exempted from taxation under Chapter 725. or 1728. or	43766
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	43767
5709.73, or 5709.78 of the Revised Code.	43768

(5) The total federal adjusted gross income of the residents	43769
of the school district, based on tax returns filed by the	43770
residents of the district, for the most recent year for which this	43771
information is available.	43772

~~(6) The sum of the school district compensation value as~~	43773
~~indicated on the list of exempted property for the preceding tax~~	43774
~~year under section 5713.08 of the Revised Code as if such property~~	43775
~~had been assessed for taxation that year and the other~~	43776
~~compensation value for the school district, minus the amounts~~	43777
~~described in divisions (A)(6)(c) to (i) of this section. The~~	43778
~~portion of school district compensation value or other~~	43779
~~compensation value attributable to an incentive district exemption~~	43780
~~may be subtracted only once even if that incentive district~~	43781
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	43782
~~(i) of this section.~~	43783

~~(a) "School district compensation value" means the aggregate~~	43784
~~value of real property in the school district exempted from~~	43785
~~taxation pursuant to an ordinance or resolution adopted under~~	43786
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	43787
~~or division (B) of section 5709.78 of the Revised Code to the~~	43788
~~extent that the exempted value results in the charging of payments~~	43789
~~in lieu of taxes required to be paid to the school district under~~	43790
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	43791
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	43792

~~(b) "Other compensation value" means the quotient that~~	43793
~~results from dividing (i) the dollar value of compensation~~	43794
~~received by the school district during the preceding tax year~~	43795
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	43796
~~Revised Code and the amounts received pursuant to an agreement as~~	43797
~~specified in division (D)(2) of section 5709.40, division (D) of~~	43798
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	43799
~~Code to the extent those amounts were not previously reported or~~	43800
~~included in division (A)(6)(a) of this section, and so that any~~	43801
~~such amount is reported only once under division (A)(6)(b) of this~~	43802
~~section, in relation to exemptions from taxation granted pursuant~~	43803
~~to an ordinance or resolution adopted under division (C) of~~	43804
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	43805
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	43806
~~tax rate in effect for the preceding tax year for~~	43807
~~nonresidential/agricultural real property after making the~~	43808
~~reductions required by section 319.301 of the Revised Code.~~	43809

~~(c) The portion of school district compensation value or~~	43810
~~other compensation value that was exempted from taxation pursuant~~	43811
~~to such an ordinance or resolution for the preceding tax year, if~~	43812
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	43813
~~and the legislative authority or board of township trustees or~~	43814
~~county commissioners, prior to January 1, 2006, executes a~~	43815
~~contract or agreement with a developer, whether for-profit or~~	43816
~~not-for-profit, with respect to the development of a project~~	43817
~~undertaken or to be undertaken and identified in the ordinance or~~	43818
~~resolution, and upon which parcels such project is being, or will~~	43819
~~be, undertaken;~~	43820

~~(d) The portion of school district compensation value that~~	43821
~~was exempted from taxation for the preceding tax year and for~~	43822
~~which payments in lieu of taxes for the preceding tax year were~~	43823
~~provided to the school district under division (D)(1) of section~~	43824
~~5709.40 of the Revised Code.~~	43825

~~(e) The portion of school district compensation value that~~	43826
~~was exempted from taxation for the preceding tax year pursuant to~~	43827
~~such an ordinance or resolution, if and to the extent that, on or~~	43828
~~before April 1, 2006, the fiscal officer of the municipal~~	43829
~~corporation that adopted the ordinance, or of the township or~~	43830
~~county that adopted the resolution, certifies and provides~~	43831
~~appropriate supporting documentation to the tax commissioner and~~	43832
~~the director of development that, based on hold-harmless~~	43833
~~provisions in any agreement between the school district and the~~	43834
~~legislative authority of the municipal corporation, board of~~	43835
~~township trustees, or board of county commissioners that was~~	43836
~~entered into on or before June 1, 2005, the ability or obligation~~	43837
~~of the municipal corporation, township, or county to repay bonds,~~	43838
~~notes, or other financial obligations issued or entered into prior~~	43839
~~to January 1, 2006, will be impaired, including obligations to or~~	43840
~~of any other body corporate and politic with whom the legislative~~	43841
~~authority of the municipal corporation or board of township~~	43842
~~trustees or county commissioners has entered into an agreement~~	43843
~~pertaining to the use of service payments derived from the~~	43844
~~improvements exempted;~~	43845

~~(f) The portion of school district compensation value that~~	43846
~~was exempted from taxation for the preceding tax year pursuant to~~	43847
~~such an ordinance or resolution, if the ordinance or resolution is~~	43848
~~adopted prior to January 1, 2006, in a municipal corporation with~~	43849
~~a population that exceeds one hundred thousand, as shown by the~~	43850
~~most recent federal decennial census, that includes a major~~	43851
~~employment center and that is adjacent to historically distressed~~	43852
~~neighborhoods, if the legislative authority of the municipal~~	43853
~~corporation that exempted the property prepares an economic~~	43854
~~analysis that demonstrates that all taxes generated within the~~	43855
~~incentive district accruing to the state by reason of improvements~~	43856
~~constructed within the district during its existence exceed the~~	43857
~~amount the state pays the school district under section 3317.022~~	43858
~~of the Revised Code attributable to such property exemption from~~	43859
~~the school district's recognized valuation. The analysis shall be~~	43860
~~submitted to and approved by the department of development prior~~	43861
~~to January 1, 2006, and the department shall not unreasonably~~	43862
~~withhold approval.~~	43863

~~(g) The portion of school district compensation value that~~	43864
~~was exempted from taxation for the preceding tax year under such~~	43865
~~an ordinance or resolution, if the ordinance or resolution is~~	43866
~~adopted prior to January 1, 2006, and if service payments have~~	43867
~~been pledged to be used for mixed-use riverfront entertainment~~	43868
~~development in any county with a population that exceeds six~~	43869
~~hundred thousand, as shown by the most recent federal decennial~~	43870
~~census;~~	43871

~~(h) The portion of school district compensation value that~~	43872
~~was exempted from taxation for the preceding tax year under such~~	43873
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	43874
~~legislative authority of a municipal corporation, board of~~	43875
~~township trustees, or board of county commissioners has pledged~~	43876
~~service payments for a designated transportation capacity project~~	43877
~~approved by the transportation review advisory council under~~	43878
~~Chapter 5512. of the Revised Code;~~	43879

~~(i) The portion of school district compensation value that~~	43880
~~was exempted from taxation for the preceding tax year under such~~	43881
~~an ordinance or resolution if the legislative authority of a~~	43882
~~municipal corporation, board of township trustees, or board of~~	43883
~~county commissioners have, by January 1, 2006, pledged proceeds~~	43884
~~for designated transportation improvement projects that involve~~	43885
~~federal funds for which the proceeds are used to meet a local~~	43886
~~share match requirement for such funding.~~	43887

~~As used in division (A)(6) of this section, "project" has the~~	43888
~~same meaning as in section 5709.40 of the Revised Code.~~	43889

~~(7) The aggregate value of real property in the school~~	43890
~~district for which an exemption from taxation is granted by an~~	43891
~~ordinance or resolution adopted on or after January 1, 2006, under~~	43892
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	43893
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	43894
~~Code, as indicated on the list of exempted property for the~~	43895
~~preceding tax year under section 5713.08 of the Revised Code and~~	43896
~~as if such property had been assessed for taxation that year,~~	43897
~~minus the product determined by multiplying (a) the aggregate~~	43898
~~value of the real property in the school district exempted from~~	43899
~~taxation for the preceding tax year under any of the chapters or~~	43900
~~sections specified in this division, by (b) a fraction, the~~	43901
~~numerator of which is the difference between (i) the amount of~~	43902
~~anticipated revenue such school district would have received for~~	43903
~~the preceding tax year if the real property exempted from taxation~~	43904
~~had not been exempted from taxation and (ii) the aggregate amount~~	43905
~~of payments in lieu of taxes on the exempt real property for the~~	43906
~~preceding tax year and other compensation received for the~~	43907
~~preceding tax year by the school district pursuant to any~~	43908
~~agreements entered into on or after January 1, 2006, under section~~	43909
~~5709.82 of the Revised Code between the school district and the~~	43910
~~legislative authority of a political subdivision that acted under~~	43911
~~the authority of a chapter or statute specified in this division,~~	43912
~~that were entered into in relation to such exemption, and the~~	43913
~~denominator of which is the amount of anticipated revenue such~~	43914
~~school district would have received in the preceding fiscal year~~	43915
~~if the real property exempted from taxation had not been exempted.~~	43916

(B) On or before the first day of May each year, the tax	43917
commissioner shall certify to the department of education and the	43918
office of budget and management the total taxable real property	43919
value of railroads and, separately, the total taxable tangible	43920
personal property value of all public utilities for the preceding	43921
tax year, by school district and by county of location.	43922

(C) If a public utility has properly and timely filed a	43923
petition for reassessment under section 5727.47 of the Revised	43924
Code with respect to an assessment issued under section 5727.23 of	43925
the Revised Code affecting taxable property apportioned by the tax	43926
commissioner to a school district, the taxable value of public	43927
utility tangible personal property included in the certification	43928
under divisions (A)(2) and (B) of this section for the school	43929
district shall include only the amount of taxable value on the	43930
basis of which the public utility paid tax for the preceding year	43931
as provided in division (B)(1) or (2) of section 5727.47 of the	43932
Revised Code.	43933

(D) If on the basis of the information certified under	43934
division (A) of this section, the department determines that any	43935
district fails in any year to meet the qualification requirement	43936
specified in division (A) of section 3317.01 of the Revised Code,	43937
the department shall immediately request the tax commissioner to	43938
determine the extent to which any school district income tax	43939
levied by the district under Chapter 5748. of the Revised Code	43940
shall be included in meeting that requirement. Within five days of	43941
receiving such a request from the department, the tax commissioner	43942
shall make the determination required by this division and report	43943
the quotient obtained under division (D)(3) of this section to the	43944
department and the office of budget and management. This quotient	43945
represents the number of mills that the department shall include	43946
in determining whether the district meets the qualification	43947
requirement of division (A) of section 3317.01 of the Revised	43948
Code.	43949

The tax commissioner shall make the determination required by	43950
this division as follows:	43951

(1) Multiply one mill times the total taxable value of the	43952
district as determined in divisions (A)(1) and (2) of this	43953
section;	43954

(2) Estimate the total amount of tax liability for the	43955
current tax year under taxes levied by Chapter 5748. of the	43956
Revised Code that are apportioned to current operating expenses of	43957
the district, excluding any income tax receipts allocated for the	43958
project cost, debt service, or maintenance set-aside associated	43959
with a state-assisted classroom facilities project as authorized	43960
by section 3318.052 of the Revised Code;	43961

(3) Divide the amount estimated under division (D)(2) of this	43962
section by the product obtained under division (D)(1) of this	43963
section.	43964

~~(E)(1) On or before June 1, 2006, and the first day of April~~	43965
~~of each year thereafter, the director of development shall report~~	43966
~~to the department of education, the tax commissioner, and the~~	43967
~~director of budget and management the total amounts of payments~~	43968
~~received by each city, local, exempted village, or joint~~	43969
~~vocational school district for the preceding tax year pursuant to~~	43970
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	43971
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	43972
~~or (D) of section 5709.82 of the Revised Code in relation to~~	43973
~~exemptions from taxation granted pursuant to an ordinance adopted~~	43974
~~by the legislative authority of a municipal corporation under~~	43975
~~division (C) of section 5709.40 of the Revised Code, or a~~	43976
~~resolution adopted by a board of township trustees or board of~~	43977
~~county commissioners under division (C) of section 5709.73 or~~	43978
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	43979
~~On or before April 1, 2006, and the first day of March of each~~	43980
~~year thereafter, the treasurer of each city, local, exempted~~	43981
~~village, or joint vocational school district that has entered into~~	43982
~~such an agreement shall report to the director of development the~~	43983
~~total amounts of such payments the district received for the~~	43984
~~preceding tax year as provided in this section. The state board of~~	43985
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	43986
~~Revised Code, may suspend or revoke the license of a treasurer~~	43987
~~found to have willfully reported erroneous, inaccurate, or~~	43988
~~incomplete data under this division.~~	43989

~~(2) On or before April 1, 2007, and the first day of April of~~	43990
~~each year thereafter, the director of development shall report to~~	43991
~~the department of education, the tax commissioner, and the~~	43992
~~director of budget and management the total amounts of payments~~	43993
~~received by each city, local, exempted village, or joint~~	43994
~~vocational school district for the preceding tax year pursuant to~~	43995
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	43996
~~in relation to exemptions from taxation granted pursuant to~~	43997
~~ordinances or resolutions adopted on or after January 1, 2006,~~	43998
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	43999
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	44000
~~Revised Code. On or before March 1, 2007, and the first day of~~	44001
~~March of each year thereafter, the treasurer of each city, local,~~	44002
~~exempted village, or joint vocational school district that has~~	44003
~~entered into such an agreement shall report to the director of~~	44004
~~development the total amounts of such payments the district~~	44005
~~received for the preceding tax year as provided by this section.~~	44006
~~The state board of education, in accordance with sections 3319.31~~	44007
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	44008
~~license of a treasurer found to have willfully reported erroneous,~~	44009
~~inaccurate, or incomplete data under this division.~~	44010

Sec. 3317.022. (A) The department of education shall compute	44011
and distribute state core foundation funding to each eligible	44012
school district for the fiscal year, using the information	44013
obtained under section 3317.021 of the Revised Code in the	44014
calendar year in which the fiscal year begins, as prescribed in	44015
the following divisions:	44016

(1) An opportunity grant calculated according to the	44017
following formula:	44018

The formula amount X formula ADM X the district's state share	44019
index	44020

(2) Targeted assistance funds calculated under divisions (A)	44021
and (B) of section 3317.0217 of the Revised Code;	44022

(3) Additional state aid for special education and related	44023
services provided under Chapter 3323. of the Revised Code	44024
calculated according to the following formula:	44025

The formula amount X the district's total special education	44026

weight X the district's state share index	44027

(4) Kindergarten through third grade literacy funds	44028
calculated according to the following formula:	44029

($300, in fiscal year 2014, or $303, in fiscal year 2015) X	44030
formula ADM for grades kindergarten through three X the district's	44031
state share index	44032

(5) Economically disadvantaged funds calculated according to	44033
the following formula:	44034

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	44035
(the district's economically disadvantaged index) X the number of	44036
students who are economically disadvantaged as reported under	44037
division (B)(21) of section 3317.03 of the Revised Code	44038

(6) Limited English proficiency funds calculated as the sum	44039
of the following:	44040

(a) The district's category one limited English proficient	44041
ADM X the amount specified in division (A) of section 3317.016 of	44042
the Revised Code X the district's state share index;	44043

(b) The district's category two limited English proficient	44044
ADM X the amount specified in division (B) of section 3317.016 of	44045
the Revised Code X the district's state share index;	44046

(c) The district's category three limited English proficient	44047
ADM X the amount specified in division (C) of section 3317.016 of	44048
the Revised Code X the district's state share index.	44049

(7) Gifted identification funds calculated according to the	44050
following formula:	44051

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	44052

district's formula ADM	44053

(8) Career-technical education funds calculated according to	44054
the following formula:	44055

The formula amount X the district's total career-technical	44056

education weight X the district's state share index	44057

Payment of funds under division (A)(8) of this section is	44058
subject to approval under section 3317.161 of the Revised Code.	44059

(9) Career-technical education associated services funds	44060
calculated according to the following formula:	44061

The district's state share index X 0.05 X the formula	44062

amount X the sum of categories one through five career-technical	44063

education ADM	44064

(B) In any fiscal year, a school district shall spend for	44065
purposes that the department designates as approved for special	44066
education and related services expenses at least the amount	44067
calculated as follows:	44068

(The formula amount X the total special education ADM) +	44069

(the formula amount X the district's total special education	44070

weight)	44071

The purposes approved by the department for special education	44072
expenses shall include, but shall not be limited to,	44073
identification of children with disabilities, compliance with	44074
state rules governing the education of children with disabilities	44075
and prescribing the continuum of program options for children with	44076
disabilities, provision of speech language pathology services, and	44077
the portion of the school district's overall administrative and	44078
overhead costs that are attributable to the district's special	44079
education student population.	44080

The scholarships deducted from the school district's account	44081
under sections 3310.41 and 3310.55 of the Revised Code shall be	44082
considered to be an approved special education and related	44083
services expense for the purpose of the school district's	44084
compliance with this division.	44085

(C) In any fiscal year, a school district receiving funds	44086
under division (A)(8) of this section shall spend those funds only	44087
for the purposes that the department designates as approved for	44088
career-technical education expenses. Career-technical educational	44089
expenses approved by the department shall include only expenses	44090
connected to the delivery of career-technical programming to	44091
career-technical students. The department shall require the school	44092
district to report data annually so that the department may	44093
monitor the district's compliance with the requirements regarding	44094
the manner in which funding received under division (A)(8) of this	44095
section may be spent.	44096

(D) In any fiscal year, a school district receiving funds	44097
under division (A)(9) of this section, or through a transfer of	44098
funds pursuant to division (I) of section 3317.023 of the Revised	44099
Code, shall spend those funds only for the purposes that the	44100
department designates as approved for career-technical education	44101
associated services expenses, which may include such purposes as	44102
apprenticeship coordinators, coordinators for other	44103
career-technical education services, career-technical evaluation,	44104
and other purposes designated by the department. The department	44105
may deny payment under division (A)(9) of this section to any	44106
district that the department determines is not operating those	44107
services or is using funds paid under division (A)(9) of this	44108
section, or through a transfer of funds pursuant to division (I)	44109
of section 3317.023 of the Revised Code, for other purposes.	44110

(E) All funds received under division (A)(8) of this section	44111
by either a comprehensive single-district career-technical	44112
planning district or a school district that is a party to a	44113
career-technical educational compact shall be spent in the	44114
following manner:	44115

(1) At least seventy-five per cent of the funds shall be	44116
spent on curriculum development, purchase, and implementation;	44117
instructional resources and supplies; industry-based program	44118
certification; student assessment, credentialing, and placement;	44119
curriculum specific equipment purchases and leases;	44120
career-technical student organization fees and expenses; home and	44121
agency linkages; work-based learning experiences; professional	44122
development; and other costs directly associated with	44123
career-technical education programs including development of new	44124
programs.	44125

(2) Not more than twenty-five per cent of the funds shall be	44126
used for personnel expenditures.	44127

Sec. 3317.023. (A) The amounts required to be paid to a	44128
district under this chapter shall be adjusted by the amount of the	44129
computations made under divisions (B) to (K) of this section.	44130

As used in this section:

44131

(1) "~~VEPD~~CTPD" means a school district or group of school	44132
districts designated by the department of education as being	44133
responsible for the planning for and provision of ~~vocational~~	44134
career-technical education services to students within the	44135
district or group.	44136

(2) "Lead district" means a school district, including a	44137
joint vocational school district, designated by the department as	44138
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	44139
career-technical education leadership within a ~~VEPD~~CTPD composed	44140
of a group of districts.	44141

(B) If a local ~~school district, or a~~, city, or exempted	44142
village school district to which a governing board of an	44143
educational service center provides services pursuant to an	44144
agreement entered into under section 3313.843 of the Revised Code,	44145
deduct the amount of the payment required for the reimbursement of	44146
the governing board under ~~section 3317.11 of the Revised Code~~the	44147
agreement.	44148

(C)(1) If the district is required to pay to or entitled to	44149
receive tuition from another school district under division (C)(2)	44150
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	44151
or if the superintendent of public instruction is required to	44152
determine the correct amount of tuition and make a deduction or	44153
credit under section 3317.08 of the Revised Code, deduct and	44154
credit such amounts as provided in division (J) of section 3313.64	44155
or section 3317.08 of the Revised Code.	44156

(2) For each child for whom the district is responsible for	44157
tuition or payment under division (A)(1) of section 3317.082 or	44158
section 3323.091 of the Revised Code, deduct the amount of tuition	44159
or payment for which the district is responsible.	44160

(D) If the district has been certified by the superintendent	44161
of public instruction under section 3313.90 of the Revised Code as	44162
not in compliance with the requirements of that section, deduct an	44163
amount equal to ten per cent of the amount computed for the	44164
district under this chapter.	44165

(E) If the district has received a loan from a commercial	44166
lending institution for which payments are made by the	44167
superintendent of public instruction pursuant to division (E)(3)	44168
of section 3313.483 of the Revised Code, deduct an amount equal to	44169
such payments.	44170

(F)(1) If the district is a party to an agreement entered	44171
into under division (D), (E), or (F) of section 3311.06 or	44172
division (B) of section 3311.24 of the Revised Code and is	44173
obligated to make payments to another district under such an	44174
agreement, deduct an amount equal to such payments if the district	44175
school board notifies the department in writing that it wishes to	44176
have such payments deducted.	44177

(2) If the district is entitled to receive payments from	44178
another district that has notified the department to deduct such	44179
payments under division (F)(1) of this section, add the amount of	44180
such payments.	44181

(G) If the district is required to pay an amount of funds to	44182
a cooperative education district pursuant to a provision described	44183
by division (B)(4) of section 3311.52 or division (B)(8) of	44184
section 3311.521 of the Revised Code, deduct such amounts as	44185
provided under that provision and credit those amounts to the	44186
cooperative education district for payment to the district under	44187
division (B)(1) of section 3317.19 of the Revised Code.	44188

(H)(1) If a district is educating a student entitled to	44189
attend school in another district pursuant to a shared education	44190
contract, compact, or cooperative education agreement other than	44191
an agreement entered into pursuant to section 3313.842 of the	44192
Revised Code, credit to that educating district on an FTE basis	44193
both of the following:	44194

(a) An amount equal to the formula amount.

44195

(b) An amount equal to ~~$5,732~~the formula amount times the	44196
state share ~~percentage~~index times any multiple applicable to the	44197
student ~~for fiscal year 2009~~ pursuant to section 3317.013 or	44198
~~3317.014~~ of the Revised Code~~, as those sections existed for that~~	44199
~~fiscal year~~.	44200

(2) Deduct any amount credited pursuant to division (H)(1) of	44201
this section from amounts paid to the school district in which the	44202
student is entitled to attend school pursuant to section 3313.64	44203
or 3313.65 of the Revised Code.	44204

(3) If the district is required by a shared education	44205
contract, compact, or cooperative education agreement to make	44206
payments to an educational service center, deduct the amounts from	44207
payments to the district and add them to the amounts paid to the	44208
service center pursuant to section 3317.11 of the Revised Code.	44209

(I)(1) If a district, including a joint vocational school	44210
district, is a lead district of a ~~VEPD~~CTPD, credit to that	44211
district the following ~~amounts~~amount calculated for ~~all the~~each	44212
school ~~districts~~district within that ~~VEPD~~CTPD:	44213

~~(a) In any fiscal year except fiscal year 2012 or 2013, the~~	44214
~~amount computed under division (D)(2) of section 3317.022 of the~~	44215
~~Revised Code;~~	44216

~~(b) In fiscal years 2012 and 2013, an amount equal to the~~	44217
~~following:~~	44218

state share ~~percentage~~ index X .05 X ~~$5,732~~ the formula amount X	44219

the sum of categories one	44220

~~and two vocational~~ through five career-technical education ADM	44221

(2) Deduct from each appropriate district that is not a lead	44222
district, the amount attributable to that district that is	44223
credited to a lead district under division (I)(1) of this section.	44224

(J) If the department pays a joint vocational school district	44225
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	44226
for excess costs of providing special education and related	44227
services to a student with a disability, as calculated under	44228
division ~~(G)(2)~~(C)(1) of that section, the department shall	44229
deduct the amount of that payment from the city, local, or	44230
exempted village school district that is responsible as specified	44231
in that section for the excess costs.	44232

(K)(1) If the district reports an amount of excess cost for	44233
special education services for a child under division (C) of	44234
section 3323.14 of the Revised Code, the department shall pay that	44235
amount to the district.	44236

(2) If the district reports an amount of excess cost for	44237
special education services for a child under division (C) of	44238
section 3323.14 of the Revised Code, the department shall deduct	44239
that amount from the district of residence of that child.	44240

Sec. 3317.0212. ~~The department of education shall make no~~	44241
~~payments under this section for fiscal year 2012 or 2013.~~	44242

(A) As used in this section:

44243

(1) ~~"Assigned bus" means a school bus used to transport~~	44244
~~qualifying riders.~~	44245

~~(2) "Nontraditional ridership" means the average number of~~	44246
~~qualifying riders who are enrolled in a community school~~	44247
~~established under Chapter 3314. of the Revised Code, in a STEM~~	44248
~~school established under Chapter 3326. of the Revised Code, or in~~	44249
~~a nonpublic school and are provided school bus service by a school~~	44250
~~district during the first full week of October.~~	44251

~~(3)~~ "Qualifying riders" means resident students enrolled in	44252
regular education in grades kindergarten to twelve who are	44253
provided school bus service by a school district and who live more	44254
than one mile from the school they attend, including students with	44255
dual enrollment in a joint vocational school district or a	44256
cooperative education school district, and students enrolled in a	44257
community school, STEM school, or nonpublic school.	44258

~~(4)~~(2) "Qualifying ridership" means the average number of	44259
qualifying riders who are provided school bus service by a school	44260
district during the first full week of October.	44261

~~(5)~~(3) "Rider density" means the number of qualifying riders	44262
per square mile of a school district.	44263

~~(6)~~(4) "School bus service" means a school district's	44264
transportation of qualifying riders in any of the following types	44265
of vehicles:	44266

(a) School buses owned or leased by the district;

44267

(b) School buses operated by a private contractor hired by	44268
the district;	44269

(c) School buses operated by another school district or	44270
entity with which the district has contracted, either as part of a	44271
consortium for the provision of transportation or otherwise.	44272

(B) Not later than the fifteenth day of October each year,	44273
each city, local, and exempted village school district shall	44274
report to the department of education its qualifying ridership,	44275
~~nontraditional ridership, number of qualifying riders per assigned~~	44276
~~bus,~~ and any other information requested by the department.	44277
Subsequent adjustments to the reported numbers shall be made only	44278
in accordance with rules adopted by the department.	44279

(C) The department shall calculate the statewide	44280
transportation cost per student as follows:	44281

(1) Determine each city, local, and exempted village school	44282
district's transportation cost per student by dividing the	44283
district's total costs for school bus service in the previous	44284
fiscal year by its qualifying ridership in the previous fiscal	44285
year.	44286

(2) After excluding districts that do not provide school bus	44287
service and the ten districts with the highest transportation	44288
costs per student and the ten districts with the lowest	44289
transportation costs per student, divide the aggregate cost for	44290
school bus service for the remaining districts in the previous	44291
fiscal year by the aggregate qualifying ridership of those	44292
districts in the previous fiscal year.	44293

(D) The department shall calculate the statewide	44294
transportation cost per mile as follows:	44295

(1) Determine each city, local, and exempted village school	44296
district's transportation cost per mile by dividing the district's	44297
total costs for school bus service in the previous fiscal year by	44298
its total number of miles driven for school bus service in the	44299
previous fiscal year.	44300

(2) After excluding districts that do not provide school bus	44301
service and the ten districts with the highest transportation	44302
costs per mile and the ten districts with the lowest	44303
transportation costs per mile, divide the aggregate cost for	44304
school bus service for the remaining districts in the previous	44305
fiscal year by the aggregate miles driven for school bus service	44306
in those districts in the previous fiscal year.	44307

(E) The department shall calculate each city, local, and	44308
exempted village school district's transportation ~~base~~ payment as	44309
follows:	44310

(1) Multiply the statewide transportation cost per student by	44311
the district's qualifying ridership for the current fiscal year.	44312

(2) Multiply the statewide transportation cost per mile by	44313
the district's total number of miles driven for school bus service	44314
in the current fiscal year.	44315

(3) Multiply the greater of the amounts calculated under	44316
divisions (E)(1) and (2) of this section by the greater of sixty	44317
per cent or the district's state share ~~percentage~~index, as	44318
defined in section 3317.02 of the Revised Code.	44319

(F) ~~The department shall calculate each city, local, and~~	44320
~~exempted village school district's nontraditional ridership~~	44321
~~adjustment according to the following formula:~~	44322

~~(nontraditional ridership for the current fiscal year /~~	44323

~~qualifying ridership for the current fiscal year) X 0.1 X~~	44324

~~transportation base payment~~	44325

~~(G) If a city, local, or exempted village school district~~	44326
~~offers school bus service to all resident students who are~~	44327
~~enrolled in regular education in district schools in grades nine~~	44328
~~to twelve and who live more than one mile from the school they~~	44329
~~attend, the department shall calculate the district's high school~~	44330
~~ridership adjustment according to the following formula:~~	44331

~~0.025 X transportation base payment~~	44332

~~(H) If a city, local, or exempted village school district~~	44333
~~offers school bus service to students enrolled in grades~~	44334
~~kindergarten to eight who live more than one mile, but two miles~~	44335
~~or less, from the school they attend, the department shall~~	44336
~~calculate an additional adjustment according to the following~~	44337
~~formula:~~	44338

~~0.025 X transportation base payment~~	44339

~~(I)(1) The department annually shall establish a target~~	44340
~~number of qualifying riders per assigned bus for each city, local,~~	44341
~~and exempted village school district. The department shall use the~~	44342
~~most recently available data in establishing the target number.~~	44343
~~The target number shall be based on the statewide median number of~~	44344
~~qualifying riders per assigned bus as adjusted to reflect the~~	44345
~~district's rider density in comparison to the rider density of all~~	44346
~~other districts. The department shall post on the department's web~~	44347
~~site each district's target number of qualifying riders per~~	44348
~~assigned bus and a description of how the target number was~~	44349
~~determined.~~	44350

~~(2) The department shall determine each school district's~~	44351
~~efficiency index by dividing the district's median number of~~	44352
~~qualifying riders per assigned bus by its target number of~~	44353
~~qualifying riders per assigned bus.~~	44354

~~(3) The department shall determine each city, local, and~~	44355
~~exempted village school district's efficiency adjustment as~~	44356
~~follows:~~	44357

~~(a) If the district's efficiency index is equal to or greater~~	44358
~~than 1.5, the efficiency adjustment shall be calculated according~~	44359
~~to the following formula:~~	44360

~~0.1 X transportation base payment~~	44361

~~(b) If the district's efficiency index is less than 1.5 but~~	44362
~~equal to or greater than 1.0, the efficiency adjustment shall be~~	44363
~~calculated according to the following formula:~~	44364

~~[(efficiency index – 1) / 5] X transportation base payment~~	44365

~~(c) If the district's efficiency index is less than 1.0, the~~	44366
~~efficiency adjustment shall be zero.~~	44367

~~(J) The department shall pay each city, local, and exempted~~	44368
~~village school district the lesser of the following:~~	44369

~~(1) The sum of the amounts calculated under divisions (E) to~~	44370
~~(H) and (I)(3) of this section;~~	44371

~~(2) The district's total costs for school bus service for the~~	44372
~~prior fiscal year.~~	44373

~~(K)~~ In addition to funds paid under division ~~(J)~~(E) of this	44374
section, each city, local, and exempted village district shall	44375
receive in accordance with rules adopted by the state board of	44376
education a payment for students transported by means other than	44377
school bus service and whose transportation is not funded under	44378
division (C) of section 3317.024 of the Revised Code. The rules	44379
shall include provisions for school district reporting of such	44380
students.	44381

(G)(1) In fiscal years 2014 and 2015, the department shall	44382
pay each district a pro rata portion of the amounts calculated	44383
under division (E) of this section and described in division (F)	44384
of this section, based on state appropriations.	44385

(2) In addition to the prorated payment under division (G)(1)	44386
of this section, in fiscal years 2014 and 2015, the department	44387
shall pay each school district that meets the conditions	44388
prescribed in division (G)(3) of this section an additional amount	44389
equal to the difference of (a) the amounts calculated under	44390
division (E) of this section and prescribed in division (F) of	44391
this section minus (b) that prorated payment.	44392

(3) Division (G)(2) of this section applies to each school	44393
district that meets all of the following conditions:	44394

(a) The district qualifies for the calculation of a payment	44395
under division (E) of this section because it transports students	44396
on board-owned or contractor-owned school buses.	44397

(b) The district's state share index is greater than or equal	44398
to 0.50.	44399

(c) The district's rider density is at or below the median	44400
rider density of all districts that qualify for calculation of a	44401
payment under division (E) of this section.	44402

(H) Each city, local, and exempted village school district	44403
shall report all data used to calculate funding for transportation	44404
under this section through the education management information	44405
system pursuant to section 3301.0714 of the Revised Code.	44406

Sec. 3317.0213. (A) The department of education shall compute	44407
and pay to each school district in accordance with this section	44408
additional state aid for preschool special education children to	44409
each city, local, and exempted village school district and to each	44410
institution, as defined in section 3323.091 of the Revised Code.	44411
Funding shall be provided for children who are not enrolled in	44412
kindergarten and who are under age six on the thirtieth day of	44413
September of the academic year, or on the first day of August of	44414
the academic year if the school district in which the child is	44415
enrolled has adopted a resolution under division (A)(3) of section	44416
3321.01 of the Revised Code, but not less than age three on the	44417
first day of December of the academic year.	44418

The additional state aid shall be calculated under the	44419
following formula:	44420

($4,000 X the number of preschool special education children)	44421
+ the sum of the following:	44422

(1) The district's or institution's category one special	44423
education preschool students X the amount specified in division	44424
(A) of section 3317.013 of the Revised Code X the district's state	44425
share index X 0.50;	44426

(2) The district's or institution's category two special	44427
education preschool students X the amount specified in division	44428
(B) of section 3317.013 of the Revised Code X the district's state	44429
share index X 0.50;	44430

(3) The district's or institution's category three special	44431
education preschool students X the amount specified in division	44432
(C) of section 3317.013 of the Revised Code X the district's state	44433
share index X 0.50;	44434

(4) The district's or institution's category four special	44435
education preschool students X the amount specified in division	44436
(D) of section 3317.013 of the Revised Code X the district's state	44437
share index X 0.50;	44438

(5) The district's or institution's category five special	44439
education preschool students X the amount specified in division	44440
(E) of section 3317.013 of the Revised Code X the district's state	44441
share index X 0.50;	44442

(6) The district's or institution's category six special	44443
education preschool students X the amount specified in division	44444
(F) of section 3317.013 of the Revised Code X the district's state	44445
share index X 0.50.	44446

The special education disability categories for preschool	44447
children used in this section are the same categories prescribed	44448
in section 3317.013 of the Revised Code.	44449

As used in division (A) of this section, the state share	44450
index of a student enrolled in an institution is the state share	44451
index of the school district in which the student is entitled to	44452
attend school under section 3313.64 or 3313.65 of the Revised	44453
Code.	44454

(B) If an education service center is providing services to	44455
preschool special education students under agreement with the	44456
city, local, or exempted village school district in which the	44457
students are entitled to attend school, that district may	44458
authorize the department to transfer funds computed under this	44459
section to the service center providing those services.	44460

(C)(1) If a county DD board is providing services to	44461
preschool special education students under agreement with the	44462
city, local, or exempted village school district in which the	44463
students are entitled to attend school, the department shall	44464
deduct from the district's payment computed under division (A) of	44465
this section the total amount of those funds that are attributable	44466
to the students served by the county DD board and pay that amount	44467
to that board.	44468

(2) In addition, for any fiscal year, no county DD board	44469
shall receive in total funding an amount that is less than what it	44470
received for the previous fiscal year, as determined by the	44471
department. If necessary, the department shall increase the state	44472
payment to a county DD board to comply with division (C)(2) of	44473
this section.	44474

Sec. 3317.0214. (A) The department shall compute and pay in	44475
accordance with this section additional state aid to school	44476
districts for students in categories two through six special	44477
education ADM. If a district's costs for the fiscal year for a	44478
student in its categories two through six special education ADM	44479
exceed the threshold catastrophic cost for serving the student,	44480
the district may submit to the superintendent of public	44481
instruction documentation, as prescribed by the superintendent, of	44482
all its costs for that student. Upon submission of documentation	44483
for a student of the type and in the manner prescribed, the	44484
department shall pay to the district an amount equal to the sum of	44485
the following:	44486

(1) One-half of the district's costs for the student in	44487
excess of the threshold catastrophic cost;	44488

(2) The product of one-half of the district's costs for the	44489
student in excess of the threshold catastrophic cost multiplied by	44490
the district's state share index.	44491

(B) For purposes of division (A) of this section, the	44492
threshold catastrophic cost for serving a student equals:	44493

(1) For a student in the school district's category two,	44494
three, four, or five special education ADM, twenty-seven thousand	44495
three hundred seventy-five dollars;	44496

(2) For a student in the district's category six special	44497
education ADM, thirty-two thousand eight hundred fifty dollars.	44498

(C) The district shall report under division (A) of this	44499
section, and the department shall pay for, only the costs of	44500
educational expenses and the related services provided to the	44501
student in accordance with the student's individualized education	44502
program. Any legal fees, court costs, or other costs associated	44503
with any cause of action relating to the student may not be	44504
included in the amount.	44505

Sec. 3317.0217. Payment of the amount calculated for a school	44506
district under this section shall be made under division (A) of	44507
section 3317.022 of the Revised Code.	44508

(A) The department of education shall annually compute	44509
targeted assistance funds to school districts, as follows:	44510

(1) Calculate the local wealth per pupil of each school	44511
district, which equals the following sum:	44512

(a) One-half times the quotient of (i) the district's	44513
three-year average valuation divided by (ii) its formula ADM; plus	44514

(b) One-half times the quotient of (i) the average of the	44515
total federal adjusted gross income of the school district's	44516
residents for the three years most recently reported under section	44517
3317.021 of the Revised Code divided by (ii) its formula ADM.	44518

(2) Rank all school districts in order of local wealth per	44519
pupil, from the district with the lowest local wealth per pupil to	44520
the district with the highest local wealth per pupil.	44521

(3) Compute the statewide wealth per pupil, which equals the	44522
following sum:	44523

(a) One-half times the quotient of (i) the sum of the	44524
three-year average valuations for all school districts divided by	44525
(ii) the sum of formula ADM counts for all schools districts; plus	44526

(b) One-half times the quotient of (i) the sum of the	44527
three-year average total federal adjusted gross incomes for all	44528
school districts divided by (ii) the sum of formula ADM counts for	44529
all school districts.	44530

(4) Compute each district's wealth index by dividing the	44531
statewide wealth per pupil by the district's local wealth per	44532
pupil.	44533

(5) Compute the per pupil targeted assistance for each	44534
eligible school district in accordance with the following formula:	44535

(Threshold local wealth per pupil - the district's local wealth	44536
per pupil)	44537

X target millage X the district's wealth index	44538

Where:

44539

(a) An "eligible school district" means a school district	44540
with a local wealth per pupil less than that of the school	44541
district with the 490th lowest local wealth per pupil.	44542

(b) "Threshold local wealth per pupil" means the local wealth	44543
per pupil of the school district with the 490th lowest local	44544
wealth per pupil.	44545

44546

If the result of the calculation for a school district under	44547
division (A)(5) of this section is less than zero, the district's	44548
targeted assistance shall be zero.	44549

(6) Calculate the aggregate amount to be paid as targeted	44550
assistance funds to each school district under division (A) of	44551
section 3317.022 of the Revised Code by multiplying the per pupil	44552
targeted assistance computed under division (A)(5) of this section	44553
by the district's net formula ADM.	44554

As used in this division, a district's "net formula ADM"	44555
means its formula ADM minus both the number of internet- and	44556
computer-based community school students reported under division	44557
(B)(3)(e) of section 3317.03 of the Revised Code and scholarship	44558
students reported under divisions (B)(3)(f) and (g) of that	44559
section.	44560

(B) The department shall annually compute supplemental	44561
targeted assistance funds to school districts, as follows:	44562

(1) Compute each district's agricultural percentage as the	44563
quotient of (a) the three-year average tax valuation of real	44564
property in the district that is classified as agricultural	44565
property divided by (b) the three-year average tax valuation of	44566
all of the real property in the district. For purposes of this	44567
computation, a district's "three-year average tax valuation" means	44568
the average of a district's tax valuation for fiscal years 2012,	44569
2013, and 2014.	44570

(2) Determine each district's agricultural targeted	44571
percentage as follows:	44572

(a) If a district's agricultural percentage is greater than	44573
or equal to 0.10, then the district's agricultural targeted	44574
percentage shall be equal to 0.40.	44575

(b) If a district's agricultural percentage is less than	44576
0.10, then the district's agricultural targeted percentage shall	44577
be equal to 4 X the district's agricultural percentage.	44578

(3) Calculate the aggregate amount to be paid as supplemental	44579
targeted assistance funds to each school district under division	44580
(A) of section 3317.022 of the Revised Code by multiplying the	44581
district's agricultural targeted percentage by the amount	44582
calculated for the district under division (A)(6) of this section.	44583

Sec. 3317.03. (A) The superintendent of each city, local,	44584
and exempted village school district and of each educational	44585
service center shall, for the schools under the superintendent's	44586
supervision, certify to the state board of education on or before	44587
the fifteenth day of ~~October in~~ each ~~year~~month for the first full	44588
school week ~~in October~~of that month the average daily membership	44589
of students receiving services from schools under the	44590
superintendent's supervision, and the numbers of other students	44591
entitled to attend school in the district under section 3313.64 or	44592
3313.65 of the Revised Code the superintendent is required to	44593
report under this section, so that the department of education can	44594
calculate the district's formula ADM. If a school under the	44595
superintendent's supervision is closed for one or more days during	44596
~~that~~a week for which the average daily membership must be	44597
certified due to hazardous weather conditions or other	44598
circumstances described in ~~the first paragraph of~~ division	44599
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	44600
superintendent may apply to the superintendent of public	44601
instruction for a waiver, under which the superintendent of public	44602
instruction may exempt the district superintendent from certifying	44603
the average daily membership for that school for that week and	44604
specify an alternate week in the same month for certifying the	44605
average daily membership of that school.	44606

The average daily membership during ~~such~~a week shall consist	44607
of the sum of the following:	44608

(1) On an FTE basis, the number of students in grades	44609
kindergarten through twelve receiving any educational services	44610
from the district, except that the following categories of	44611
students shall not be included in the determination:	44612

(a) Students enrolled in adult education classes;

44613

(b) Adjacent or other district students enrolled in the	44614
district under an open enrollment policy pursuant to section	44615
3313.98 of the Revised Code;	44616

(c) Students receiving services in the district pursuant to a	44617
compact, cooperative education agreement, or a contract, but who	44618
are entitled to attend school in another district pursuant to	44619
section 3313.64 or 3313.65 of the Revised Code;	44620

(d) Students for whom tuition is payable pursuant to sections	44621
3317.081 and 3323.141 of the Revised Code;	44622

(e) Students receiving services in the district through a	44623
scholarship awarded under either section 3310.41 or sections	44624
3310.51 to 3310.64 of the Revised Code.	44625

(2) On an FTE basis, the number of students entitled to	44626
attend school in the district pursuant to section 3313.64 or	44627
3313.65 of the Revised Code, but receiving educational services in	44628
grades kindergarten through twelve from one or more of the	44629
following entities:	44630

(a) A community school pursuant to Chapter 3314. of the	44631
Revised Code, including any participation in a college pursuant to	44632
Chapter 3365. of the Revised Code while enrolled in such community	44633
school;	44634

(b) An alternative school pursuant to sections 3313.974 to	44635
3313.979 of the Revised Code as described in division (I)(2)(a) or	44636
(b) of this section;	44637

(c) A college pursuant to Chapter 3365. of the Revised Code,	44638
except when the student is enrolled in the college while also	44639
enrolled in a community school pursuant to Chapter 3314. or; a	44640
science, technology, engineering, and mathematics school	44641
established under Chapter 3326. of the Revised Code;	44642

(d) An adjacent or other school district under an open	44643
enrollment policy adopted pursuant to section 3313.98 of the	44644
Revised Code;	44645

(e) An educational service center or cooperative education	44646
district;	44647

(f) Another school district under a cooperative education	44648
agreement, compact, or contract;	44649

(g) A chartered nonpublic school with a scholarship paid	44650
under section 3310.08 of the Revised Code, if the students	44651
qualified for the scholarship under section 3310.03 of the Revised	44652
Code;	44653

(h) An alternative public provider or a registered private	44654
provider with a scholarship awarded under either section 3310.41	44655
or sections 3310.51 to 3310.64 of the Revised Code.	44656

As used in this section, "alternative public provider" and	44657
"registered private provider" have the same meanings as in section	44658
3310.41 or 3310.51 of the Revised Code, as applicable.	44659

(i) A science, technology, engineering, and mathematics	44660
school established under Chapter 3326. of the Revised Code,	44661
including any participation in a college pursuant to Chapter 3365.	44662
of the Revised Code while enrolled in the school;	44663

(j) A college-preparatory boarding school established under	44664
Chapter 3328. of the Revised Code.	44665

(3) The number of students enrolled in a joint vocational	44666
school district or under a ~~vocational~~career-technical education	44667
compact, excluding any students entitled to attend school in the	44668
district under section 3313.64 or 3313.65 of the Revised Code who	44669
are enrolled in another school district through an open enrollment	44670
policy as reported under division (A)(2)(d) of this section and	44671
then enroll in a joint vocational school district or under a	44672
~~vocational~~career-technical education compact;	44673

~~(4) The number of children with disabilities, other than~~	44674
~~preschool children with disabilities, entitled to attend school in~~	44675
~~the district pursuant to section 3313.64 or 3313.65 of the Revised~~	44676
~~Code who are placed by the district with a county DD board, minus~~	44677
~~the number of such children placed with a county DD board in~~	44678
~~fiscal year 1998. If this calculation produces a negative number,~~	44679
~~the number reported under division (A)(4) of this section shall be~~	44680
~~zero~~.	44681

(B) To enable the department of education to obtain the data	44682
needed to complete the calculation of payments pursuant to this	44683
chapter, in addition to the average daily membership, each	44684
superintendent shall report separately the following student	44685
counts for the same ~~week~~weeks for which average daily membership	44686
is certified:	44687

(1) The total average daily membership in regular learning	44688
day classes included in the report under division (A)(1) or (2) of	44689
this section for each of the individual grades kindergarten	44690
through twelve in schools under the superintendent's supervision;	44691

(2) The number of all preschool children with disabilities	44692
enrolled as of the first day of December in classes in the	44693
district ~~that are~~for whom the district is eligible ~~for approval~~	44694
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	44695
of the Revised Code and the number of those classes, which shall	44696
be reported not later than the fifteenth day of December, in	44697
accordance with ~~rules adopted under that~~the disability categories	44698
prescribed in section 3317.013 of the Revised Code;	44699

(3) The number of children entitled to attend school in the	44700
district pursuant to section 3313.64 or 3313.65 of the Revised	44701
Code who are:	44702

(a) Participating in a pilot project scholarship program	44703
established under sections 3313.974 to 3313.979 of the Revised	44704
Code as described in division (I)(2)(a) or (b) of this section;	44705

(b) Enrolled in a college under Chapter 3365. of the Revised	44706
Code, except when the student is enrolled in the college while	44707
also enrolled in a community school pursuant to Chapter 3314. or;	44708
a science, technology, engineering, and mathematics school	44709
established under Chapter 3326. of the Revised Code;	44710

(c) Enrolled in an adjacent or other school district under	44711
section 3313.98 of the Revised Code;	44712

(d) Enrolled in a community school established under Chapter	44713
3314. of the Revised Code that is not an internet- or	44714
computer-based community school as defined in section 3314.02 of	44715
the Revised Code, including any participation in a college	44716
pursuant to Chapter 3365. of the Revised Code while enrolled in	44717
such community school;	44718

(e) Enrolled in an internet- or computer-based community	44719
school, as defined in section 3314.02 of the Revised Code,	44720
including any participation in a college pursuant to Chapter 3365.	44721
of the Revised Code while enrolled in the school;	44722

(f) Enrolled in a chartered nonpublic school with a	44723
scholarship paid under section 3310.08 of the Revised Code and who	44724
qualified for the scholarship under section 3310.03 of the Revised	44725
Code;	44726

(g) Enrolled in kindergarten through grade twelve in an	44727
alternative public provider or a registered private provider with	44728
a scholarship awarded under section 3310.41 of the Revised Code;	44729

(h) Enrolled as a preschool child with a disability in an	44730
alternative public provider or a registered private provider with	44731
a scholarship awarded under section 3310.41 of the Revised Code;	44732

(i) Participating in a program operated by a county DD board	44733
or a state institution;	44734

(j) Enrolled in a science, technology, engineering, and	44735
mathematics school established under Chapter 3326. of the Revised	44736
Code, including any participation in a college pursuant to Chapter	44737
3365. of the Revised Code while enrolled in the school;	44738

(k) Enrolled in a college-preparatory boarding school	44739
established under Chapter 3328. of the Revised Code.	44740

(4) The number of pupils enrolled in joint vocational	44741
schools;	44742

(5) The combined average daily membership of children with	44743
disabilities reported under division (A)(1) or (2) of this section	44744
receiving special education services for the category one	44745
disability described in division (A) of section 3317.013 of the	44746
Revised Code, including children attending a special education	44747
program operated by an alternative public provider or a registered	44748
private provider with a scholarship awarded under sections 3310.51	44749
to 3310.64 of the Revised Code;	44750

(6) The combined average daily membership of children with	44751
disabilities reported under division (A)(1) or (2) of this section	44752
receiving special education services for category two disabilities	44753
described in division (B) of section 3317.013 of the Revised Code,	44754
including children attending a special education program operated	44755
by an alternative public provider or a registered private provider	44756
with a scholarship awarded under sections 3310.51 to 3310.64 of	44757
the Revised Code;	44758

(7) The combined average daily membership of children with	44759
disabilities reported under division (A)(1) or (2) of this section	44760
receiving special education services for category three	44761
disabilities described in division (C) of section 3317.013 of the	44762
Revised Code, including children attending a special education	44763
program operated by an alternative public provider or a registered	44764
private provider with a scholarship awarded under sections 3310.51	44765
to 3310.64 of the Revised Code;	44766

(8) The combined average daily membership of children with	44767
disabilities reported under division (A)(1) or (2) of this section	44768
receiving special education services for category four	44769
disabilities described in division (D) of section 3317.013 of the	44770
Revised Code, including children attending a special education	44771
program operated by an alternative public provider or a registered	44772
private provider with a scholarship awarded under sections 3310.51	44773
to 3310.64 of the Revised Code;	44774

(9) The combined average daily membership of children with	44775
disabilities reported under division (A)(1) or (2) of this section	44776
receiving special education services for the category five	44777
disabilities described in division (E) of section 3317.013 of the	44778
Revised Code, including children attending a special education	44779
program operated by an alternative public provider or a registered	44780
private provider with a scholarship awarded under sections 3310.51	44781
to 3310.64 of the Revised Code;	44782

(10) The combined average daily membership of children with	44783
disabilities reported under division (A)(1) or (2) and under	44784
division (B)(3)(h) of this section receiving special education	44785
services for category six disabilities described in division (F)	44786
of section 3317.013 of the Revised Code, including children	44787
attending a special education program operated by an alternative	44788
public provider or a registered private provider with a	44789
scholarship awarded under either section 3310.41 or sections	44790
3310.51 to 3310.64 of the Revised Code;	44791

(11) The average daily membership of pupils reported under	44792
division (A)(1) or (2) of this section enrolled in category one	44793
~~vocational~~career-technical education programs or classes,	44794
described in division (A) of section 3317.014 of the Revised Code,	44795
operated by the school district or by another district, ~~other than~~	44796
including a joint vocational school district, or by an educational	44797
service center, excluding any student reported under division	44798
(B)(3)(e) of this section as enrolled in an internet- or	44799
computer-based community school, notwithstanding division ~~(C)~~(J)	44800
of section 3317.02 of the Revised Code and division (C)(3) of this	44801
section;	44802

(12) The average daily membership of pupils reported under	44803
division (A)(1) or (2) of this section enrolled in category two	44804
~~vocational~~career-technical education programs or services,	44805
described in division (B) of section 3317.014 of the Revised Code,	44806
operated by the school district or another school district, ~~other~~	44807
~~than~~including a joint vocational school district, or by an	44808
educational service center, excluding any student reported under	44809
division (B)(3)(e) of this section as enrolled in an internet- or	44810
computer-based community school, notwithstanding division ~~(C)~~(J)	44811
of section 3317.02 of the Revised Code and division (C)(3) of this	44812
section;	44813

~~Beginning with fiscal year 2010, vocational education ADM~~	44814
~~shall not be used to calculate a district's funding but shall be~~	44815
~~reported under divisions (B)(11) and (12) of this section for~~	44816
~~statistical purposes.~~	44817

(13) The average daily membership of pupils reported under	44818
division (A)(1) or (2) of this section enrolled in category three	44819
career-technical education programs or services, described in	44820
division (C) of section 3317.014 of the Revised Code, operated by	44821
the school district or another school district, including a joint	44822
vocational school district, or by an educational service center,	44823
excluding any student reported under division (B)(3)(e) of this	44824
section as enrolled in an internet- or computer-based community	44825
school, notwithstanding division (C) of section 3317.02 of the	44826
Revised Code and division (C)(3) of this section;	44827

(14) The average daily membership of pupils reported under	44828
division (A)(1) or (2) of this section enrolled in category four	44829
career-technical education programs or services, described in	44830
division (D) of section 3317.014 of the Revised Code, operated by	44831
the school district or another school district, including a joint	44832
vocational school district, or by an educational service center,	44833
excluding any student reported under division (B)(3)(e) of this	44834
section as enrolled in an internet- or computer-based community	44835
school, notwithstanding division (C) of section 3317.02 of the	44836
Revised Code and division (C)(3) of this section;	44837

(15) The average daily membership of pupils reported under	44838
division (A)(1) or (2) of this section enrolled in category five	44839
career-technical education programs or services, described in	44840
division (E) of section 3317.014 of the Revised Code, operated by	44841
the school district or another school district, including a joint	44842
vocational school district, or by an educational service center,	44843
excluding any student reported under division (B)(3)(e) of this	44844
section as enrolled in an internet- or computer-based community	44845
school, notwithstanding division (C) of section 3317.02 of the	44846
Revised Code and division (C)(3) of this section;	44847

(16) The average daily membership of pupils reported under	44848
division (A)(1) or (2) of this section who are limited English	44849
proficient students described in division (A) of section 3317.016	44850
of the Revised Code;	44851

(17) The average daily membership of pupils reported under	44852
division (A)(1) or (2) of this section who are limited English	44853
proficient students described in division (B) of section 3317.016	44854
of the Revised Code;	44855

(18) The average daily membership of pupils reported under	44856
division (A)(1) or (2) of this section who are limited English	44857
proficient students described in division (C) of section 3317.016	44858
of the Revised Code;	44859

(19) The average number of children transported by the school	44860
district on board-owned or contractor-owned and -operated buses,	44861
reported in accordance with rules adopted by the department of	44862
education;	44863

~~(14)~~(20)(a) The number of children, other than preschool	44864
children with disabilities, the district placed with a county DD	44865
board in fiscal year 1998;. Division (B)(20)(a) of this section	44866
does not apply after fiscal year 2013.	44867

(b) The number of children with disabilities, other than	44868
preschool children with disabilities, placed with a county DD	44869
board in the current fiscal year to receive special education	44870
services for the category one disability described in division (A)	44871
of section 3317.013 of the Revised Code;	44872

(c) The number of children with disabilities, other than	44873
preschool children with disabilities, placed with a county DD	44874
board in the current fiscal year to receive special education	44875
services for category two disabilities described in division (B)	44876
of section 3317.013 of the Revised Code;	44877

(d) The number of children with disabilities, other than	44878
preschool children with disabilities, placed with a county DD	44879
board in the current fiscal year to receive special education	44880
services for category three disabilities described in division (C)	44881
of section 3317.013 of the Revised Code;	44882

(e) The number of children with disabilities, other than	44883
preschool children with disabilities, placed with a county DD	44884
board in the current fiscal year to receive special education	44885
services for category four disabilities described in division (D)	44886
of section 3317.013 of the Revised Code;	44887

(f) The number of children with disabilities, other than	44888
preschool children with disabilities, placed with a county DD	44889
board in the current fiscal year to receive special education	44890
services for the category five disabilities described in division	44891
(E) of section 3317.013 of the Revised Code;	44892

(g) The number of children with disabilities, other than	44893
preschool children with disabilities, placed with a county DD	44894
board in the current fiscal year to receive special education	44895
services for category six disabilities described in division (F)	44896
of section 3317.013 of the Revised Code.	44897

(21) The number of students who are economically	44898
disadvantaged, as defined by the department. A student shall not	44899
be categorically excluded from the number reported under division	44900
(B)(21) of this section based on anything other than family	44901
income.	44902

(C)(1) The average daily membership in divisions (B)(1) to	44903
(12) of this section shall be based upon the number of full-time	44904
equivalent students. The state board of education shall adopt	44905
rules defining full-time equivalent students and for determining	44906
the average daily membership therefrom for the purposes of	44907
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	44908
~~in kindergarten shall be counted as one full-time equivalent~~	44909
~~student regardless of whether the student is enrolled in a~~	44910
~~part-day or all-day kindergarten class.~~	44911

(2) A student enrolled in a community school established	44912
under Chapter 3314., a science, technology, engineering, and	44913
mathematics school established under Chapter 3326., or a	44914
college-preparatory boarding school established under Chapter	44915
3328. of the Revised Code shall be counted in the formula ADM and,	44916
if applicable, the category one, two, three, four, five, or six	44917
special education ADM of the school district in which the student	44918
is entitled to attend school under section 3313.64 or 3313.65 of	44919
the Revised Code for the same proportion of the school year that	44920
the student is counted in the enrollment of the community school,	44921
the science, technology, engineering, and mathematics school, or	44922
the college-preparatory boarding school for purposes of section	44923
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	44924
the number of students reported pursuant to division (B)(3)(d),	44925
(e), (j), or (k) of this section, the department may adjust the	44926
formula ADM of a school district to account for students entitled	44927
to attend school in the district under section 3313.64 or 3313.65	44928
of the Revised Code who are enrolled in a community school, a	44929
science, technology, engineering, and mathematics school, or a	44930
college-preparatory boarding school for only a portion of the	44931
school year.	44932

(3) No child shall be counted as more than a total of one	44933
child in the sum of the average daily memberships of a school	44934
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	44935
division (D) of this section, except as follows:	44936

(a) A child with a disability described in section 3317.013	44937
of the Revised Code may be counted both in formula ADM and in	44938
category one, two, three, four, five, or six special education ADM	44939
and, if applicable, in category one or two ~~vocational~~	44940
career-technical education ADM. As provided in division ~~(C)~~(J) of	44941
section 3317.02 of the Revised Code, such a child shall be counted	44942
in category one, two, three, four, five, or six special education	44943
ADM in the same proportion that the child is counted in formula	44944
ADM.	44945

(b) A child enrolled in ~~vocational~~career-technical education	44946
programs or classes described in section 3317.014 of the Revised	44947
Code may be counted both in formula ADM and category one or, two	44948
~~vocational~~, three, four, or five career-technical education ADM	44949
and, if applicable, in category one, two, three, four, five, or	44950
six special education ADM. Such a child shall be counted in	44951
category one or, two ~~vocational~~, three, four, or five	44952
career-technical education ADM in the same proportion as the	44953
percentage of time that the child spends in the ~~vocational~~	44954
career-technical education programs or classes.	44955

(4) Based on the information reported under this section, the	44956
department of education shall determine the total student count,	44957
as defined in section 3301.011 of the Revised Code, for each	44958
school district.	44959

(D)(1) The superintendent of each joint vocational school	44960
district shall certify to the superintendent of public instruction	44961
on or before the fifteenth day of ~~October in~~ each ~~year~~month for	44962
the first full school week ~~in October the formula ADM, for~~	44963
~~purposes of section 3318.42 of the Revised Code and for any other~~	44964
~~purpose prescribed by law for which "formula ADM" of the joint~~	44965
~~vocational district is a factor~~of that month the average daily	44966
membership. If a school operated by the joint vocational school	44967
district is closed for one or more days during ~~that~~a week for	44968
which the average daily membership must be certified due to	44969
hazardous weather conditions or other circumstances described in	44970
~~the first paragraph of~~ division ~~(B)~~(A)(1) of section ~~3317.01~~	44971
3313.482 of the Revised Code, the superintendent may apply to the	44972
superintendent of public instruction for a waiver, under which the	44973
superintendent of public instruction may exempt the district	44974
superintendent from certifying the ~~formula ADM~~average daily	44975
membership for that school for that week and specify an alternate	44976
week in the same month for certifying the ~~formula ADM~~average	44977
daily membership of that school.	44978

The ~~formula ADM~~average daily membership, except as otherwise	44979
provided in this division, shall consist of the average daily	44980
membership during ~~such~~a week, on an FTE basis, of the number of	44981
students receiving any educational services from the district,	44982
including students enrolled in a community school established	44983
under Chapter 3314. or a science, technology, engineering, and	44984
mathematics school established under Chapter 3326. of the Revised	44985
Code who are attending the joint vocational district ~~under an~~	44986
~~agreement between the district board of education and the~~	44987
~~governing authority of the community school or the governing body~~	44988
~~of the science, technology, engineering, and mathematics school~~	44989
and are entitled to attend school in a city, local, or exempted	44990
village school district whose territory is part of the territory	44991
of the joint vocational district.	44992

The following categories of students shall not be included in	44993
the determination made under division (D)(1) of this section:	44994

(a) Students enrolled in adult education classes;

44995

(b) Adjacent or other district joint vocational students	44996
enrolled in the district under an open enrollment policy pursuant	44997
to section 3313.98 of the Revised Code;	44998

(c) Students receiving services in the district pursuant to a	44999
compact, cooperative education agreement, or a contract, but who	45000
are entitled to attend school in a city, local, or exempted	45001
village school district whose territory is not part of the	45002
territory of the joint vocational district;	45003

(d) Students for whom tuition is payable pursuant to sections	45004
3317.081 and 3323.141 of the Revised Code.	45005

(2) To enable the department of education to obtain the data	45006
needed to complete the calculation of payments pursuant to this	45007
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	45008
report separately the average daily membership included in the	45009
report under division (D)(1) of this section for each of the	45010
following categories of students for each of the ~~same week~~weeks	45011
for which ~~formula~~ ADM is certified:	45012

(a) Students enrolled in each individual grade included in	45013
the joint vocational district schools;	45014

(b) Children with disabilities receiving special education	45015
services for the category one disability described in division (A)	45016
of section 3317.013 of the Revised Code;	45017

(c) Children with disabilities receiving special education	45018
services for the category two disabilities described in division	45019
(B) of section 3317.013 of the Revised Code;	45020

(d) Children with disabilities receiving special education	45021
services for category three disabilities described in division (C)	45022
of section 3317.013 of the Revised Code;	45023

(e) Children with disabilities receiving special education	45024
services for category four disabilities described in division (D)	45025
of section 3317.013 of the Revised Code;	45026

(f) Children with disabilities receiving special education	45027
services for the category five disabilities described in division	45028
(E) of section 3317.013 of the Revised Code;	45029

(g) Children with disabilities receiving special education	45030
services for category six disabilities described in division (F)	45031
of section 3317.013 of the Revised Code;	45032

(h) ~~Students receiving category one vocational education~~	45033
~~services, described in division (A) of section 3317.014 of the~~	45034
~~Revised Code;~~	45035

~~(i) Students receiving category two vocational education~~	45036
~~services, described in division (B) of section 3317.014 of the~~	45037
~~Revised Code~~Limited English proficient students described in	45038
division (A) of section 3317.016 of the Revised Code;	45039

(i) Limited English proficient students described in division	45040
(B) of section 3317.016 of the Revised Code;	45041

(j) Limited English proficient students described in division	45042
(C) of section 3317.016 of the Revised Code;	45043

(k) Students who are economically disadvantaged, as defined	45044
by the department. A student shall not be categorically excluded	45045
from the number reported under division (D)(2)(k) of this section	45046
based on anything other than family income.	45047

The superintendent of each joint vocational school district	45048
shall also indicate the city, local, or exempted village school	45049
district in which each joint vocational district pupil is entitled	45050
to attend school pursuant to section 3313.64 or 3313.65 of the	45051
Revised Code.	45052

(E) In each school of each city, local, exempted village,	45053
joint vocational, and cooperative education school district there	45054
shall be maintained a record of school membership, which record	45055
shall accurately show, for each day the school is in session, the	45056
actual membership enrolled in regular day classes. For the purpose	45057
of determining average daily membership, the membership figure of	45058
any school shall not include any pupils except those pupils	45059
described by division (A) of this section. The record of	45060
membership for each school shall be maintained in such manner that	45061
no pupil shall be counted as in membership prior to the actual	45062
date of entry in the school and also in such manner that where for	45063
any cause a pupil permanently withdraws from the school that pupil	45064
shall not be counted as in membership from and after the date of	45065
such withdrawal. There shall not be included in the membership of	45066
any school any of the following:	45067

(1) Any pupil who has graduated from the twelfth grade of a	45068
public or nonpublic high school;	45069

(2) Any pupil who is not a resident of the state;

45070

(3) Any pupil who was enrolled in the schools of the district	45071
during the previous school year when assessments were administered	45072
under section 3301.0711 of the Revised Code but did not take one	45073
or more of the assessments required by that section and was not	45074
excused pursuant to division (C)(1) or (3) of that section;	45075

(4) Any pupil who has attained the age of twenty-two years,	45076
except for veterans of the armed services whose attendance was	45077
interrupted before completing the recognized twelve-year course of	45078
the public schools by reason of induction or enlistment in the	45079
armed forces and who apply for reenrollment in the public school	45080
system of their residence not later than four years after	45081
termination of war or their honorable discharge.	45082

If, however, any veteran described by division (E)(4) of this	45083
section elects to enroll in special courses organized for veterans	45084
for whom tuition is paid under the provisions of federal laws, or	45085
otherwise, that veteran shall not be included in average daily	45086
membership.	45087

Notwithstanding division (E)(3) of this section, the	45088
membership of any school may include a pupil who did not take an	45089
assessment required by section 3301.0711 of the Revised Code if	45090
the superintendent of public instruction grants a waiver from the	45091
requirement to take the assessment to the specific pupil and a	45092
parent is not paying tuition for the pupil pursuant to section	45093
3313.6410 of the Revised Code. The superintendent may grant such a	45094
waiver only for good cause in accordance with rules adopted by the	45095
state board of education.	45096

Except as provided in divisions (B)(2) and (F) of this	45097
section, the average daily membership figure of any local, city,	45098
exempted village, or joint vocational school district shall be	45099
determined by dividing the figure representing the sum of the	45100
number of pupils enrolled during each day the school of attendance	45101
is actually open for instruction during the week for which the	45102
average daily membership is being certified by the total number of	45103
days the school was actually open for instruction during that	45104
week. For purposes of state funding, "enrolled" persons are only	45105
those pupils who are attending school, those who have attended	45106
school during the current school year and are absent for	45107
authorized reasons, and those children with disabilities currently	45108
receiving home instruction.	45109

The average daily membership figure of any cooperative	45110
education school district shall be determined in accordance with	45111
rules adopted by the state board of education.	45112

(F)(1) ~~If the formula ADM for the first full school week in~~	45113
~~February is at least three per cent greater than that certified~~	45114
~~for the first full school week in the preceding October, the~~	45115
~~superintendent of schools of any city, exempted village, or joint~~	45116
~~vocational school district or educational service center shall~~	45117
~~certify such increase to the superintendent of public instruction.~~	45118
~~Such certification shall be submitted no later than the fifteenth~~	45119
~~day of February. For the balance of the fiscal year, beginning~~	45120
~~with the February payments, the superintendent of public~~	45121
~~instruction shall use the increased formula ADM in calculating or~~	45122
~~recalculating the amounts to be allocated in accordance with~~	45123
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	45124
~~the superintendent use an increased membership certified to the~~	45125
~~superintendent after the fifteenth day of February. Division~~	45126
~~(F)(1) of this section does not apply after fiscal year 2006.~~	45127

~~(2) If on the first school day of April the total number of~~	45128
~~classes or units for preschool children with disabilities that are~~	45129
~~eligible for approval under division (B) of section 3317.05 of the~~	45130
~~Revised Code exceeds the number of units that have been approved~~	45131
~~for the year under that division, the superintendent of schools of~~	45132
~~any city, exempted village, or cooperative education school~~	45133
~~district or educational service center shall make the~~	45134
~~certifications required by this section for that day. If the~~	45135
~~department determines additional units can be approved for the~~	45136
~~fiscal year within any limitations set forth in the acts~~	45137
~~appropriating moneys for the funding of such units, the department~~	45138
~~shall approve additional units for the fiscal year on the basis of~~	45139
~~such average daily membership. For each unit so approved, the~~	45140
~~department shall pay an amount computed in the manner prescribed~~	45141
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	45142
~~Code.~~	45143

~~(3)~~ If a student attending a community school under Chapter	45144
3314., a science, technology, engineering, and mathematics school	45145
established under Chapter 3326., or a college-preparatory boarding	45146
school established under Chapter 3328. of the Revised Code is not	45147
included in the formula ADM certified for the school district in	45148
which the student is entitled to attend school under section	45149
3313.64 or 3313.65 of the Revised Code, the department of	45150
education shall adjust the formula ADM of that school district to	45151
include the student in accordance with division (C)(2) of this	45152
section, and shall recalculate the school district's payments	45153
under this chapter for the entire fiscal year on the basis of that	45154
adjusted formula ADM. This requirement applies regardless of	45155
whether the student was enrolled, as defined in division (E) of	45156
this section, in the community school, the science, technology,	45157
engineering, and mathematics school, or the college-preparatory	45158
boarding school during the ~~week~~weeks for which the formula ADM is	45159
being certified.	45160

~~(4)~~(2) If a student awarded an educational choice scholarship	45161
is not included in the formula ADM of the school district from	45162
which the department deducts funds for the scholarship under	45163
section 3310.08 of the Revised Code, the department shall adjust	45164
the formula ADM of that school district to include the student to	45165
the extent necessary to account for the deduction, and shall	45166
recalculate the school district's payments under this chapter for	45167
the entire fiscal year on the basis of that adjusted formula ADM.	45168
This requirement applies regardless of whether the student was	45169
enrolled, as defined in division (E) of this section, in the	45170
chartered nonpublic school, the school district, or a community	45171
school during the ~~week~~weeks for which the formula ADM is being	45172
certified.	45173

~~(5)~~(3) If a student awarded a scholarship under the Jon	45174
Peterson special needs scholarship program is not included in the	45175
formula ADM of the school district from which the department	45176
deducts funds for the scholarship under section 3310.55 of the	45177
Revised Code, the department shall adjust the formula ADM of that	45178
school district to include the student to the extent necessary to	45179
account for the deduction, and shall recalculate the school	45180
district's payments under this chapter for the entire fiscal year	45181
on the basis of that adjusted formula ADM. This requirement	45182
applies regardless of whether the student was enrolled, as defined	45183
in division (E) of this section, in an alternative public	45184
provider, a registered private provider, or the school district	45185
during the ~~week~~weeks for which the formula ADM is being	45186
certified.	45187

(G)(1)(a) The superintendent of an institution operating a	45188
special education program pursuant to section 3323.091 of the	45189
Revised Code shall, for the programs under such superintendent's	45190
supervision, certify to the state board of education, in the	45191
manner prescribed by the superintendent of public instruction,	45192
both of the following:	45193

(i) The average daily membership of all children with	45194
disabilities other than preschool children with disabilities	45195
receiving services at the institution for each category of	45196
disability described in divisions (A) to (F) of section 3317.013	45197
of the Revised Code;	45198

(ii) The average daily membership of all preschool children	45199
with disabilities in classes or programs ~~approved annually by the~~	45200
~~department of education for unit~~for whom the district is eligible	45201
to receive funding under section ~~3317.05~~3317.0213 of the Revised	45202
Code, reported according to the categories prescribed in section	45203
3317.013 of the Revised Code.	45204

(b) The superintendent of an institution with ~~vocational~~	45205
career-technical education units approved under ~~division (A) of~~	45206
section 3317.05 of the Revised Code shall, for the units under the	45207
superintendent's supervision, certify to the state board of	45208
education the average daily membership in those units, in the	45209
manner prescribed by the superintendent of public instruction.	45210

(2) The superintendent of each county DD board that maintains	45211
special education classes under section 3317.20 of the Revised	45212
Code or ~~units approved~~provides services to preschool children	45213
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	45214
an agreement between the DD board and the appropriate school	45215
district shall do both of the following:	45216

(a) Certify to the state board, in the manner prescribed by	45217
the board, the average daily membership in classes under section	45218
3317.20 of the Revised Code for each school district that has	45219
placed children in the classes;	45220

(b) Certify to the state board, in the manner prescribed by	45221
the board, the number of all preschool children with disabilities	45222
enrolled as of the first day of December in classes for which the	45223
DD board is eligible ~~for approval~~to receive funding under	45224
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	45225
reported according to the categories prescribed in section	45226
3317.013 of the Revised Code, and the number of those classes.	45227

~~(3)(a) If on the first school day of April the number of~~	45228
~~classes or units maintained for preschool children with~~	45229
~~disabilities by the county DD board that are eligible for approval~~	45230
~~under division (B) of section 3317.05 of the Revised Code is~~	45231
~~greater than the number of units approved for the year under that~~	45232
~~division, the superintendent shall make the certification required~~	45233
~~by this section for that day.~~	45234

~~(b) If the department determines that additional classes or~~	45235
~~units can be approved for the fiscal year within any limitations~~	45236
~~set forth in the acts appropriating moneys for the funding of the~~	45237
~~classes and units described in division (G)(3)(a) of this section,~~	45238
~~the department shall approve and fund additional units for the~~	45239
~~fiscal year on the basis of such average daily membership. For~~	45240
~~each unit so approved, the department shall pay an amount computed~~	45241
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	45242
~~Revised Code.~~	45243

(H) Except as provided in division (I) of this section, when	45244
any city, local, or exempted village school district provides	45245
instruction for a nonresident pupil whose attendance is	45246
unauthorized attendance as defined in section 3327.06 of the	45247
Revised Code, that pupil's membership shall not be included in	45248
that district's membership figure used in the calculation of that	45249
district's formula ADM or included in the determination of any	45250
~~unit~~funding approved for the district under section ~~3317.05~~	45251
3317.0213 of the Revised Code. The reporting official shall report	45252
separately the average daily membership of all pupils whose	45253
attendance in the district is unauthorized attendance, and the	45254
membership of each such pupil shall be credited to the school	45255
district in which the pupil is entitled to attend school under	45256
division (B) of section 3313.64 or section 3313.65 of the Revised	45257
Code as determined by the department of education.	45258

(I)(1) A city, local, exempted village, or joint vocational	45259
school district admitting a scholarship student of a pilot project	45260
district pursuant to division (C) of section 3313.976 of the	45261
Revised Code may count such student in its average daily	45262
membership.	45263

(2) In any year for which funds are appropriated for pilot	45264
project scholarship programs, a school district implementing a	45265
state-sponsored pilot project scholarship program that year	45266
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	45267
count in average daily membership:	45268

(a) All children residing in the district and utilizing a	45269
scholarship to attend kindergarten in any alternative school, as	45270
defined in section 3313.974 of the Revised Code;	45271

(b) All children who were enrolled in the district in the	45272
preceding year who are utilizing a scholarship to attend an	45273
alternative school.	45274

(J) The superintendent of each cooperative education school	45275
district shall certify to the superintendent of public	45276
instruction, in a manner prescribed by the state board of	45277
education, the applicable average daily memberships for all	45278
students in the cooperative education district, also indicating	45279
the city, local, or exempted village district where each pupil is	45280
entitled to attend school under section 3313.64 or 3313.65 of the	45281
Revised Code.	45282

(K) If the superintendent of public instruction determines	45283
that a component of the average daily membership certified or	45284
reported by a district superintendent, or other reporting entity,	45285
is not correct, the superintendent of public instruction may order	45286
that the formula ADM used for the purposes of payments under any	45287
section of Title XXXIII of the Revised Code be adjusted in the	45288
amount of the error.	45289

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	45290
cooperative education school district, each educational service	45291
center, each county DD board, and each institution operating a	45292
special education program pursuant to section 3323.091 of the	45293
Revised Code shall, in accordance with procedures adopted by the	45294
state board of education, maintain a record of district membership	45295
of ~~both of the following:~~	45296

~~(1) All preschool children with disabilities in units~~	45297
~~approved under division (B) of section 3317.05 of the Revised~~	45298
~~Code;~~	45299

~~(2) All~~all preschool children with disabilities ~~who are not~~	45300
~~in units approved under division (B) of section 3317.05 of the~~	45301
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	45302
program.	45303

~~(B) The superintendent of each district, board, or~~	45304
~~institution subject to division (A) of this section shall certify~~	45305
~~to the state board of education, in accordance with procedures~~	45306
~~adopted by that board, membership figures of all preschool~~	45307
~~children with disabilities whose membership is maintained under~~	45308
~~division (A)(2) of this section. The figures certified under this~~	45309
~~division shall be used in the determination of the ADM used to~~	45310
~~compute funds for educational service center governing boards~~	45311
~~under section 3317.11 of the Revised Code.~~	45312

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	45313
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	45314
department of education shall determine for each institution, by	45315
the last day of January of each year and based on information	45316
certified under section 3317.03 of the Revised Code, the number of	45317
~~vocational~~career-technical education units or fractions of units	45318
approved by the department on the basis of standards and rules	45319
adopted by the state board of education. As used in this ~~division~~	45320
section, "institution" means an institution operated by a	45321
department specified in section 3323.091 of the Revised Code and	45322
that provides ~~vocational~~career-technical education programs under	45323
the supervision of the division of ~~vocational~~career-technical	45324
education of the department that meet the standards and rules for	45325
these programs, including licensure of professional staff involved	45326
in the programs, as established by the state board.	45327

(B) ~~For the purpose of calculating payments under sections~~	45328
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	45329
~~department shall determine, based on information certified under~~	45330
~~section 3317.03 of the Revised Code, the following by the last day~~	45331
~~of January of each year for each educational service center, for~~	45332
~~each school district, including each cooperative education school~~	45333
~~district, for each institution eligible for payment under section~~	45334
~~3323.091 of the Revised Code, and for each county DD board: the~~	45335
~~number of classes operated by the school district, service center,~~	45336
~~institution, or county DD board for preschool children with~~	45337
~~disabilities, or fraction thereof, including in the case of a~~	45338
~~district or service center that is a funding agent, classes taught~~	45339
~~by a licensed teacher employed by that district or service center~~	45340
~~under section 3313.841 of the Revised Code, approved annually by~~	45341
~~the department on the basis of standards and rules adopted by the~~	45342
~~state board.~~	45343

~~(C) For the purpose of calculating payments under sections~~	45344
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	45345
~~department shall determine, based on information certified under~~	45346
~~section 3317.03 of the Revised Code, the following by the last day~~	45347
~~of January of each year for each school district, including each~~	45348
~~cooperative education school district, for each institution~~	45349
~~eligible for payment under section 3323.091 of the Revised Code,~~	45350
~~and for each county DD board: the number of units for related~~	45351
~~services, as defined in section 3323.01 of the Revised Code, for~~	45352
~~preschool children with disabilities approved annually by the~~	45353
~~department on the basis of standards and rules adopted by the~~	45354
~~state board.~~	45355

~~(D)~~ All of the arithmetical calculations made under this	45356
section shall be carried to the second decimal place. The total	45357
number of units for ~~school districts, service centers, and~~	45358
institutions approved annually under this section shall not exceed	45359
the number of units included in the estimate of cost for these	45360
units and appropriations made for them by the general assembly.	45361

~~In the case of units for preschool children with disabilities~~	45362
~~described in division (B) of this section, the department shall~~	45363
~~approve only preschool units for children who are under age six on~~	45364
~~the thirtieth day of September of the academic year, or on the~~	45365
~~first day of August of the academic year if the school district in~~	45366
~~which the child is enrolled has adopted a resolution under~~	45367
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	45368
~~less than age three on the first day of December of the academic~~	45369
~~year, except that such a unit may include one or more children who~~	45370
~~are under age three or are age six or over on the applicable date,~~	45371
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	45372
~~of the Revised Code, if such children have been admitted to the~~	45373
~~unit pursuant to rules of the state board. The number of units for~~	45374
~~county DD boards and institutions eligible for payment under~~	45375
~~section 3323.091 of the Revised Code approved under this section~~	45376
~~shall not exceed the number that can be funded with appropriations~~	45377
~~made for such purposes by the general assembly.~~	45378

~~No unit shall be approved under divisions (B) and (C) of this~~	45379
~~section unless a plan has been submitted and approved under~~	45380
~~Chapter 3323. of the Revised Code.~~	45381

(C) The department shall pay each institution approved for	45382
career-technical education units under division (A) of this	45383
section an amount for the total of all the units approved under	45384
that division. The amount for each unit shall be the sum of the	45385
minimum salary for the teacher of the unit, calculated on the	45386
basis of the teacher's training level and years of experience	45387
pursuant to the salary schedule prescribed in the version of	45388
section 3317.13 of the Revised Code in effect prior to July 1,	45389
2001, plus fifteen per cent of that minimum salary amount, and	45390
nine thousand five hundred ten dollars. Each institution that	45391
receives unit funds under this division annually shall report to	45392
the department on the delivery of services and the performance of	45393
students and any other information required by the department to	45394
evaluate the institution's career-technical education program.	45395

(D) For each unit allocated to an institution pursuant to	45396
division (A) of this section, the department, in addition to the	45397
amount specified in division (B) of this section, shall pay a	45398
supplemental unit allowance of $7,227.	45399

Sec. 3317.051. (A) As used in this section, "gifted unit	45400
ADM" means a school district's formula ADM minus the number of	45401
students reported by a district under divisions (A)(2)(a) and (i)	45402
of section 3317.03 of the Revised Code.	45403

(B) The department of education shall compute and pay to a	45404
school district funds based on units for services to students	45405
identified as gifted under Chapter 3324. of the Revised Code as	45406
prescribed by this section.	45407

(C) The department shall allocate gifted units for a school	45408
district as follows:	45409

(1) One gifted coordinator unit shall be allocated for every	45410
3,300 students in a district's gifted unit ADM, with a minimum of	45411
0.5 units and a maximum of 8 units allocated for the district.	45412

(2) One gifted intervention specialist unit shall be	45413
allocated for every 1,100 students in a district's gifted unit	45414
ADM, with a minimum of 0.3 units allocated for the district.	45415

(D) The department shall pay the following amount to a school	45416
district for gifted units:	45417

(1) In fiscal year 2014, $37,000 multiplied by the number of	45418
units allocated to a school district under division (C) of this	45419
section;	45420

(2) In fiscal year 2015, $37,370 multiplied by the number of	45421
units allocated to a school district under division (C) of this	45422
section.	45423

Sec. 3317.06. Moneys paid to school districts under division	45424
(E) of section 3317.024 of the Revised Code shall be used for the	45425
following independent and fully severable purposes:	45426

(A) To purchase such secular textbooks or electronic	45427
textbooks as have been approved by the superintendent of public	45428
instruction for use in public schools in the state and to loan	45429
such textbooks or electronic textbooks to pupils attending	45430
nonpublic schools within the district or to their parents and to	45431
hire clerical personnel to administer such lending program. Such	45432
loans shall be based upon individual requests submitted by such	45433
nonpublic school pupils or parents. Such requests shall be	45434
submitted to the school district in which the nonpublic school is	45435
located. Such individual requests for the loan of textbooks or	45436
electronic textbooks shall, for administrative convenience, be	45437
submitted by the nonpublic school pupil or the pupil's parent to	45438
the nonpublic school, which shall prepare and submit collective	45439
summaries of the individual requests to the school district. As	45440
used in this section:	45441

(1) "Textbook" means any book or book substitute that a pupil	45442
uses as a consumable or nonconsumable text, text substitute, or	45443
text supplement in a particular class or program in the school the	45444
pupil regularly attends.	45445

(2) "Electronic textbook" means any book or book substitute	45446
that a student accesses through the use of a computer or other	45447
electronic medium or that is available through an internet-based	45448
provider of course content, or any other material that contributes	45449
to the learning process through electronic means.	45450

(B) To provide speech and hearing diagnostic services to	45451
pupils attending nonpublic schools within the district. Such	45452
service shall be provided in the nonpublic school attended by the	45453
pupil receiving the service.	45454

(C) To provide physician, nursing, dental, and optometric	45455
services to pupils attending nonpublic schools within the	45456
district. Such services shall be provided in the school attended	45457
by the nonpublic school pupil receiving the service.	45458

(D) To provide diagnostic psychological services to pupils	45459
attending nonpublic schools within the district. Such services	45460
shall be provided in the school attended by the pupil receiving	45461
the service.	45462

(E) To provide therapeutic psychological and speech and	45463
hearing services to pupils attending nonpublic schools within the	45464
district. Such services shall be provided in the public school, in	45465
nonpublic schools, in public centers, or in mobile units located	45466
on or off of the nonpublic premises. If such services are provided	45467
in the public school or in public centers, transportation to and	45468
from such facilities shall be provided by the school district in	45469
which the nonpublic school is located.	45470

(F) To provide guidance, counseling, and social work services	45471
to pupils attending nonpublic schools within the district. Such	45472
services shall be provided in the public school, in nonpublic	45473
schools, in public centers, or in mobile units located on or off	45474
of the nonpublic premises. If such services are provided in the	45475
public school or in public centers, transportation to and from	45476
such facilities shall be provided by the school district in which	45477
the nonpublic school is located.	45478

(G) To provide remedial services to pupils attending	45479
nonpublic schools within the district. Such services shall be	45480
provided in the public school, in nonpublic schools, in public	45481
centers, or in mobile units located on or off of the nonpublic	45482
premises. If such services are provided in the public school or in	45483
public centers, transportation to and from such facilities shall	45484
be provided by the school district in which the nonpublic school	45485
is located.	45486

(H) To supply for use by pupils attending nonpublic schools	45487
within the district such standardized tests and scoring services	45488
as are in use in the public schools of the state;	45489

(I) To provide programs for children who attend nonpublic	45490
schools within the district and are children with disabilities as	45491
defined in section 3323.01 of the Revised Code or gifted children.	45492
Such programs shall be provided in the public school, in nonpublic	45493
schools, in public centers, or in mobile units located on or off	45494
of the nonpublic premises. If such programs are provided in the	45495
public school or in public centers, transportation to and from	45496
such facilities shall be provided by the school district in which	45497
the nonpublic school is located.	45498

(J) To hire clerical personnel to assist in the	45499
administration of programs pursuant to divisions (B), (C), (D),	45500
(E), (F), (G), and (I) of this section and to hire supervisory	45501
personnel to supervise the providing of services and textbooks	45502
pursuant to this section.	45503

(K) To purchase or lease any secular, neutral, and	45504
nonideological computer application software designed to assist	45505
students in performing a single task or multiple related tasks,	45506
device management software, learning management software,	45507
site-licensing, digital video on demand (DVD), wide area	45508
connectivity and related technology as it relates to internet	45509
access, mathematics or science equipment and materials,	45510
instructional materials, and school library materials that are in	45511
general use in the public schools of the state and loan such items	45512
to pupils attending nonpublic schools within the district or to	45513
their parents, and to hire clerical personnel to administer the	45514
lending program. Only such items that are incapable of diversion	45515
to religious use and that are susceptible of loan to individual	45516
pupils and are furnished for the use of individual pupils shall be	45517
purchased and loaned under this division. As used in this section,	45518
"instructional materials" means prepared learning materials that	45519
are secular, neutral, and nonideological in character and are of	45520
benefit to the instruction of school children~~, and may include~~	45521
~~educational resources and services developed by the eTech Ohio~~	45522
~~commission~~.	45523

(L) To purchase or lease instructional equipment, including	45524
computer hardware and related equipment in general use in the	45525
public schools of the state, for use by pupils attending nonpublic	45526
schools within the district and to loan such items to pupils	45527
attending nonpublic schools within the district or to their	45528
parents, and to hire clerical personnel to administer the lending	45529
program. "Computer hardware and related equipment" includes	45530
desktop computers and workstations; laptop computers, computer	45531
tablets, and other mobile handheld devices; and their operating	45532
systems and accessories.	45533

(M) To purchase mobile units to be used for the provision of	45534
services pursuant to divisions (E), (F), (G), and (I) of this	45535
section and to pay for necessary repairs and operating costs	45536
associated with these units.	45537

(N) To reimburse costs the district incurred to store the	45538
records of a chartered nonpublic school that closes.	45539
Reimbursements under this division shall be made one time only for	45540
each chartered nonpublic school that closes.	45541

(O) To purchase life-saving medical or other emergency	45542
equipment for placement in nonpublic schools within the district	45543
or to maintain such equipment.	45544

Clerical and supervisory personnel hired pursuant to division	45545
(J) of this section shall perform their services in the public	45546
schools, in nonpublic schools, public centers, or mobile units	45547
where the services are provided to the nonpublic school pupil,	45548
except that such personnel may accompany pupils to and from the	45549
service sites when necessary to ensure the safety of the children	45550
receiving the services.	45551

All services provided pursuant to this section may be	45552
provided under contract with educational service centers, the	45553
department of health, city or general health districts, or private	45554
agencies whose personnel are properly licensed by an appropriate	45555
state board or agency.	45556

Transportation of pupils provided pursuant to divisions (E),	45557
(F), (G), and (I) of this section shall be provided by the school	45558
district from its general funds and not from moneys paid to it	45559
under division (E) of section 3317.024 of the Revised Code unless	45560
a special transportation request is submitted by the parent of the	45561
child receiving service pursuant to such divisions. If such an	45562
application is presented to the school district, it may pay for	45563
the transportation from moneys paid to it under division (E) of	45564
section 3317.024 of the Revised Code.	45565

No school district shall provide health or remedial services	45566
to nonpublic school pupils as authorized by this section unless	45567
such services are available to pupils attending the public schools	45568
within the district.	45569

Materials, equipment, computer hardware or software,	45570
textbooks, electronic textbooks, and health and remedial services	45571
provided for the benefit of nonpublic school pupils pursuant to	45572
this section and the admission of pupils to such nonpublic schools	45573
shall be provided without distinction as to race, creed, color, or	45574
national origin of such pupils or of their teachers.	45575

No school district shall provide services, materials, or	45576
equipment that contain religious content for use in religious	45577
courses, devotional exercises, religious training, or any other	45578
religious activity.	45579

As used in this section, "parent" includes a person standing	45580
in loco parentis to a child.	45581

Notwithstanding section 3317.01 of the Revised Code, payments	45582
shall be made under this section to any city, local, or exempted	45583
village school district within which is located one or more	45584
nonpublic elementary or high schools and any payments made to	45585
school districts under division (E) of section 3317.024 of the	45586
Revised Code for purposes of this section may be disbursed without	45587
submission to and approval of the controlling board.	45588

The allocation of payments for materials, equipment,	45589
textbooks, electronic textbooks, health services, and remedial	45590
services to city, local, and exempted village school districts	45591
shall be on the basis of the state board of education's estimated	45592
annual average daily membership in nonpublic elementary and high	45593
schools located in the district.	45594

Payments made to city, local, and exempted village school	45595
districts under this section shall be equal to specific	45596
appropriations made for the purpose. All interest earned by a	45597
school district on such payments shall be used by the district for	45598
the same purposes and in the same manner as the payments may be	45599
used.	45600

The department of education shall adopt guidelines and	45601
procedures under which such programs and services shall be	45602
provided, under which districts shall be reimbursed for	45603
administrative costs incurred in providing such programs and	45604
services, and under which any unexpended balance of the amounts	45605
appropriated by the general assembly to implement this section may	45606
be transferred to the auxiliary services personnel unemployment	45607
compensation fund established pursuant to section 4141.47 of the	45608
Revised Code. The department shall also adopt guidelines and	45609
procedures limiting the purchase and loan of the items described	45610
in division (K) of this section to items that are in general use	45611
in the public schools of the state, that are incapable of	45612
diversion to religious use, and that are susceptible to individual	45613
use rather than classroom use. Within thirty days after the end of	45614
each biennium, each board of education shall remit to the	45615
department all moneys paid to it under division (E) of section	45616
3317.024 of the Revised Code and any interest earned on those	45617
moneys that are not required to pay expenses incurred under this	45618
section during the biennium for which the money was appropriated	45619
and during which the interest was earned. If a board of education	45620
subsequently determines that the remittal of moneys leaves the	45621
board with insufficient money to pay all valid expenses incurred	45622
under this section during the biennium for which the remitted	45623
money was appropriated, the board may apply to the department of	45624
education for a refund of money, not to exceed the amount of the	45625
insufficiency. If the department determines the expenses were	45626
lawfully incurred and would have been lawful expenditures of the	45627
refunded money, it shall certify its determination and the amount	45628
of the refund to be made to the director of job and family	45629
services who shall make a refund as provided in section 4141.47 of	45630
the Revised Code.	45631

Each school district shall label materials, equipment,	45632
computer hardware or software, textbooks, and electronic textbooks	45633
purchased or leased for loan to a nonpublic school under this	45634
section, acknowledging that they were purchased or leased with	45635
state funds under this section. However, a district need not label	45636
materials, equipment, computer hardware or software, textbooks, or	45637
electronic textbooks that the district determines are consumable	45638
in nature or have a value of less than two hundred dollars.	45639

Sec. 3317.08. A board of education may admit to its schools	45640
a child it is not required by section 3313.64 or 3313.65 of the	45641
Revised Code to admit, if tuition is paid for the child.	45642

Unless otherwise provided by law, tuition shall be computed	45643
in accordance with this section. A district's tuition charge for a	45644
school year shall be one of the following:	45645

(A) For any child, except a preschool child with a disability	45646
described in division (B) of this section, the quotient obtained	45647
by dividing the sum of the amounts described in divisions (A)(1)	45648
and (2) of this section by the district's formula ADM.	45649

(1) The district's total taxes charged and payable for	45650
current expenses for the tax year preceding the tax year in which	45651
the school year begins as certified under division (A)(3) of	45652
section 3317.021 of the Revised Code.	45653

(2) The district's total taxes collected for current expenses	45654
under a school district income tax adopted pursuant to section	45655
5748.03, 5748.08, or 5748.09 of the Revised Code that are	45656
disbursed to the district during the fiscal year, excluding any	45657
income tax receipts allocated for the project cost, debt service,	45658
or maintenance set-aside associated with a state-assisted	45659
classroom facilities project as authorized by section 3318.052 of	45660
the Revised Code. On or before the first day of June of each year,	45661
the tax commissioner shall certify the amount to be used in the	45662
calculation under this division for the next fiscal year to the	45663
department of education and the office of budget and management	45664
for each city, local, and exempted village school district that	45665
levies a school district income tax.	45666

(B) For any preschool child with a disability ~~not included in~~	45667
~~a unit approved under division (B) of section 3317.05 of the~~	45668
~~Revised Code~~, an amount computed for the school year as follows:	45669

(1) For each type of special education service provided to	45670
the child for whom tuition is being calculated, determine the	45671
amount of the district's operating expenses in providing that type	45672
of service to all preschool children with disabilities ~~not~~	45673
~~included in units approved under division (B) of section 3317.05~~	45674
~~of the Revised Code~~;	45675

(2) For each type of special education service for which	45676
operating expenses are determined under division (B)(1) of this	45677
section, determine the amount of such operating expenses that was	45678
paid from any state funds received under this chapter;	45679

(3) For each type of special education service for which	45680
operating expenses are determined under division (B)(1) of this	45681
section, divide the difference between the amount determined under	45682
division (B)(1) of this section and the amount determined under	45683
division (B)(2) of this section by the total number of preschool	45684
children with disabilities ~~not included in units approved under~~	45685
~~division (B) of section 3317.05 of the Revised Code~~ who received	45686
that type of service;	45687

(4) Determine the sum of the quotients obtained under	45688
division (B)(3) of this section for all types of special education	45689
services provided to the child for whom tuition is being	45690
calculated.	45691

The state board of education shall adopt rules defining the	45692
types of special education services and specifying the operating	45693
expenses to be used in the computation under this section.	45694

If any child for whom a tuition charge is computed under this	45695
section for any school year is enrolled in a district for only	45696
part of that school year, the amount of the district's tuition	45697
charge for the child for the school year shall be computed in	45698
proportion to the number of school days the child is enrolled in	45699
the district during the school year.	45700

Except as otherwise provided in division (J) of section	45701
3313.64 of the Revised Code, whenever a district admits a child to	45702
its schools for whom tuition computed in accordance with this	45703
section is an obligation of another school district, the amount of	45704
the tuition shall be certified by the treasurer of the board of	45705
education of the district of attendance, to the board of education	45706
of the district required to pay tuition for its approval and	45707
payment. If agreement as to the amount payable or the district	45708
required to pay the tuition cannot be reached, or the board of	45709
education of the district required to pay the tuition refuses to	45710
pay that amount, the board of education of the district of	45711
attendance shall notify the superintendent of public instruction.	45712
The superintendent shall determine the correct amount and the	45713
district required to pay the tuition and shall deduct that amount,	45714
if any, under division (D) of section 3317.023 of the Revised	45715
Code, from the district required to pay the tuition and add that	45716
amount to the amount allocated to the district attended under such	45717
division. The superintendent of public instruction shall send to	45718
the district required to pay the tuition an itemized statement	45719
showing such deductions at the time of such deduction.	45720

When a political subdivision owns and operates an airport,	45721
welfare, or correctional institution or other project or facility	45722
outside its corporate limits, the territory within which the	45723
facility is located is exempt from taxation by the school district	45724
within which such territory is located, and there are school age	45725
children residing within such territory, the political subdivision	45726
owning such tax exempt territory shall pay tuition to the district	45727
in which such children attend school. The tuition for these	45728
children shall be computed as provided for in this section.	45729

Sec. 3317.10. (A) On or before the first day of March of	45730
each year, the department of job and family services shall certify	45731
to the state board of education the unduplicated number of	45732
children ages five through seventeen residing in each school	45733
district and living in a family that, during the preceding	45734
October, participated in Ohio works first.	45735

The department of job and family services shall certify this	45736
information according to the school district of residence for each	45737
child. ~~Except as provided under division (B) of this section, the~~	45738
~~number of children so certified in any year shall be used by the~~	45739
~~department of education in calculating the distribution of moneys~~	45740
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	45741
~~Revised Code.~~	45742

(B) Upon the transfer of part of the territory of one school	45743
district to the territory of one or more other school districts,	45744
the department of education may adjust the number of children	45745
certified under division (A) of this section for any district	45746
gaining or losing territory in such a transfer in order to take	45747
into account the effect of the transfer on the number of such	45748
children who reside in the district. Within sixty days of receipt	45749
of a request for information from the department of education, the	45750
department of job and family services shall provide any	45751
information the department of education determines is necessary to	45752
make such adjustments. ~~The department of education may use the~~	45753
~~adjusted number for any district for the applicable fiscal year,~~	45754
~~in lieu of the number certified for the district for that fiscal~~	45755
~~year under division (A) of this section, in the calculation of the~~	45756
~~distribution of moneys provided in section 3317.029 of the Revised~~	45757
~~Code.~~	45758

Sec. 3317.12. Any board of education participating in funds	45759
distributed under Chapter 3317. of the Revised Code shall annually	45760
adopt a salary ~~schedule~~schedules for teachers and nonteaching	45761
school employees ~~based upon training, experience, and~~	45762
~~qualifications with initial salaries no less than the salaries in~~	45763
~~effect on October 13, 1967. Each board of education shall prepare~~	45764
~~and may amend from time to time, specifications descriptive of~~	45765
~~duties, responsibilities, requirements, and desirable~~	45766
~~qualifications of the classifications of employees required to~~	45767
~~perform the duties specified in the salary schedule. All~~	45768
~~nonteaching school employees are to be notified of the position~~	45769
~~classification to which they are assigned and the salary for the~~	45770
~~classification. The compensation of all employees working for a~~	45771
~~particular school board shall be uniform for like positions except~~	45772
~~as compensation would be affected by salary increments based upon~~	45773
~~length of service.~~	45774

~~On the fifteenth day of October each year the salary schedule~~	45775
~~and the list of job classifications and salaries in effect on that~~	45776
~~date shall be filed by each board of education with the~~	45777
~~superintendent of public instruction. If such salary schedule and~~	45778
~~classification plan is not filed the superintendent of public~~	45779
~~instruction shall order the board to file such schedules~~	45780
~~forthwith. If this condition is not corrected within ten days~~	45781
~~after receipt of the order from the superintendent of public~~	45782
~~instruction, no money shall be distributed to the district under~~	45783
~~Chapter 3317. of the Revised Code until the superintendent has~~	45784
~~satisfactory evidence of the board of education's full compliance~~	45785
~~with such order~~.	45786

Sec. 3317.14. Any school district board of education or	45787
educational service center governing board participating in funds	45788
distributed under Chapter 3317. of the Revised Code shall annually	45789
adopt a teachers' salary schedule with provision for increments	45790
based upon training and years of service. ~~Notwithstanding sections~~	45791
~~3317.13 and 3319.088 of the Revised Code, the~~The board may	45792
establish its own service requirements and may grant service	45793
credit for such activities as teaching in public or nonpublic	45794
schools in this state or in another state, for service as an	45795
educational assistant other than as a classroom aide employed in	45796
accordance with section 5107.541 of the Revised Code, and for	45797
service in the military or in an appropriate state or federal	45798
governmental agency, ~~provided no teacher receives less than the~~	45799
~~amount required to be paid pursuant to section 3317.13 of the~~	45800
~~Revised Code and~~ provided full credit for a minimum of five years	45801
of actual teaching and military experience ~~as defined in division~~	45802
~~(A) of section 3317.13 of the Revised Code~~ is given to each	45803
teacher.	45804

~~On the fifteenth day of October of each year, a copy of the~~	45805
~~salary schedule in effect on that date shall be filed by the board~~	45806
~~of education of each local school district with the educational~~	45807
~~service center superintendent, who thereupon shall certify to the~~	45808
~~treasurer of such local district the correct salary to be paid to~~	45809
~~each teacher in accordance with the adopted schedule.~~	45810

~~Each teacher who has completed training which would qualify~~	45811
~~such teacher for a higher salary bracket pursuant to this section~~	45812
~~shall file by the fifteenth day of September with the treasurer of~~	45813
~~the board of education or educational service center satisfactory~~	45814
~~evidence of the completion of such additional training. The~~	45815
~~treasurer shall then immediately place the teacher, pursuant to~~	45816
~~this section and section 3317.13 of the Revised Code, in the~~	45817
~~proper salary bracket in accordance with training and years of~~	45818
~~service before certifying such salary, training, and years of~~	45819
~~service to the superintendent of public instruction. No teacher~~	45820
~~shall be paid less than the salary to which such teacher is~~	45821
~~entitled pursuant to section 3317.13 of the Revised Code.~~	45822

As used in this section:

45823

(A) "Years of service" includes the following:

45824

(1) All years of teaching service in the same school district	45825
or educational service center, regardless of training level, with	45826
each year consisting of at least one hundred twenty days under a	45827
teacher's contract;	45828

(2) All years of teaching service in a chartered, nonpublic	45829
school located in Ohio as a teacher licensed pursuant to section	45830
3319.22 of the Revised Code or in another public school,	45831
regardless of training level, with each year consisting of at	45832
least one hundred twenty days under a teacher's contract;	45833

(3) All years of teaching service in a chartered school or	45834
institution or a school or institution that subsequently became	45835
chartered or a chartered special education program or a special	45836
education program that subsequently became chartered operated by	45837
the state or by a subdivision or other local governmental unit of	45838
this state as a teacher licensed pursuant to section 3319.22 of	45839
the Revised Code, regardless of training level, with each year	45840
consisting of at least one hundred twenty days;	45841

(4) All years of active military service in the armed forces	45842
of the United States, as defined in section 3307.75 of the Revised	45843
Code, to a maximum of five years. For purposes of this	45844
calculation, a partial year of active military service of eight	45845
continuous months or more in the armed forces shall be counted as	45846
a full year.	45847

(B) "Teacher" means all teachers employed by the board of	45848
education of any school district, including any cooperative	45849
education or joint vocational school district and all teachers	45850
employed by any educational service center governing board.	45851

Sec. 3317.141. The board of education of any city, exempted	45852
village, local, or joint vocational school district that is the	45853
recipient of moneys from a grant awarded under the federal race to	45854
the top program, Division (A), Title XIV, Sections 14005 and 14006	45855
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	45856
No. 111-5, 123 Stat. 115, shall comply with this section in	45857
accordance with the timeline contained in the board's scope of	45858
work, as approved by the superintendent of public instruction, and	45859
shall not be subject to ~~sections 3317.13 and~~section 3317.14 of	45860
the Revised Code. The board of education of any other school	45861
district, and the governing board of each educational service	45862
center, shall comply with either this section or ~~sections 3317.13~~	45863
~~and~~section 3317.14 of the Revised Code.	45864

(A) The board annually shall adopt a salary schedule for	45865
teachers based upon performance as described in division (B) of	45866
this section.	45867

(B) For purposes of the schedule, a board shall measure a	45868
teacher's performance by considering all of the following:	45869

(1) The level of license issued under section 3319.22 of the	45870
Revised Code that the teacher holds;	45871

(2) Whether the teacher is a highly qualified teacher, as	45872
defined in section 3319.074 of the Revised Code;	45873

(3) Ratings received by the teacher on performance	45874
evaluations conducted under section 3319.111 of the Revised Code.	45875

(C) The schedule shall provide for annual adjustments based	45876
on performance on the evaluations conducted under section 3319.111	45877
of the Revised Code. The annual performance-based adjustment for a	45878
teacher rated as accomplished shall be greater than the annual	45879
performance-based adjustment for a teacher rated as proficient.	45880

(D) The salary schedule adopted under this section may	45881
provide for additional compensation for teachers who agree to	45882
perform duties, not contracted for under a supplemental contract,	45883
that the employing board determines warrant additional	45884
compensation. Those duties may include, but are not limited to,	45885
assignment to a school building eligible for funding under Title I	45886
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	45887
6301 et seq.; assignment to a building in "school improvement"	45888
status under the "No Child Left Behind Act of 2001," as defined in	45889
section 3302.01 of the Revised Code; teaching in a grade level or	45890
subject area in which the board has determined there is a shortage	45891
within the district or service center; or assignment to a	45892
hard-to-staff school, as determined by the board.	45893

Sec. 3317.16. (A) The department of education shall compute	45894
and distribute state core foundation funding to each joint	45895
vocational school district for the fiscal year as prescribed in	45896
the following divisions:	45897

(1) An opportunity grant calculated according to the	45898
following formula:	45899

(The formula amount X formula ADM) - (0.0005 X the	45900

district's three-year average valuation)	45901

If the result of the calculation for a joint vocational	45902
school district under division (A)(1) of this section is less than	45903
zero, the joint vocational school district's opportunity grant	45904
shall be zero.	45905

(2) Additional state aid for special education and related	45906
services provided under Chapter 3323. of the Revised Code	45907
calculated as the sum of the following:	45908

The formula amount X the district's total special education	45909

weight X the district's state share percentage	45910

(3) Economically disadvantaged funds calculated according to	45911
the following formula:	45912

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	45913

(the district's economically disadvantaged index) X the number	45914

of students who are economically disadvantaged as reported under	45915

division (D)(2)(k) of section 3317.03 of the Revised Code	45916

(4) Limited English proficiency funds calculated as the sum	45917
of the following:	45918

(a) The district's category one limited English proficient	45919
ADM X the amount specified in division (A) of section 3317.016 of	45920
the Revised Code X the district's state share percentage;	45921

(b) The district's category two limited English proficient	45922
ADM X the amount specified in division (B) of section 3317.016 of	45923
the Revised Code X the district's state share percentage;	45924

(c) The district's category three limited English proficient	45925
ADM X the amount specified in division (C) of section 3317.016 of	45926
the Revised Code X the district's state share percentage;	45927

(5) Career-technical education funds calculated according to	45928
the following formula:	45929

The formula amount X the district's total career-technical	45930

education weight X the district's state share percentage	45931

Payment of funds under division (A)(5) of this section is	45932
subject to approval under section 3317.161 of the Revised Code.	45933

(6) Career-technical education associated services funds	45934
calculated under the following formula:	45935

The district's state share percentage X 0.05 X the formula	45936

amount X the sum of categories one through five career-technical	45937

education ADM	45938

(B)(1) If a joint vocational school district's costs for a	45939
fiscal year for a student in its categories two through six	45940
special education ADM exceed the threshold catastrophic cost for	45941
serving the student, as specified in division (B) of section	45942
3317.0214 of the Revised Code, the district may submit to the	45943
superintendent of public instruction documentation, as prescribed	45944
by the superintendent, of all of its costs for that student. Upon	45945
submission of documentation for a student of the type and in the	45946
manner prescribed, the department shall pay to the district an	45947
amount equal to the sum of the following:	45948

(a) One-half of the district's costs for the student in	45949
excess of the threshold catastrophic cost;	45950

(b) The product of one-half of the district's costs for the	45951
student in excess of the threshold catastrophic cost multiplied by	45952
the district's state share percentage.	45953

(2) The district shall report under division (B)(1) of this	45954
section, and the department shall pay for, only the costs of	45955
educational expenses and the related services provided to the	45956
student in accordance with the student's individualized education	45957
program. Any legal fees, court costs, or other costs associated	45958
with any cause of action relating to the student may not be	45959
included in the amount.	45960

(C)(1) For each student with a disability receiving special	45961
education and related services under an individualized education	45962
program, as defined in section 3323.01 of the Revised Code, at a	45963
joint vocational district, the resident district or, if the	45964
student is enrolled in a community school, the community school	45965
shall be responsible for the amount of any costs of providing	45966
those special education and related services to that student that	45967
exceed the sum of the amount calculated for those services	45968
attributable to that student under division (A) of this section.	45969

Those excess costs shall be calculated by subtracting the sum	45970
of the following from the actual cost to provide special education	45971
and related services to the student:	45972

(a) The formula amount;

45973

(b) The formula amount times the multiple specified in	45974
section 3317.013 of the Revised Code that is applicable to the	45975
student;	45976

45977

(2) The board of education of the joint vocational school	45978
district may report the excess costs calculated under division	45979
(C)(1) of this section to the department of education.	45980

(3) If the board of education of the joint vocational school	45981
district reports excess costs under division (C)(2) of this	45982
section, the department shall pay the amount of excess cost	45983
calculated under division (C)(2) of this section to the joint	45984
vocational school district and shall deduct that amount as	45985
provided in division (C)(3)(a) or (b) of this section, as	45986
applicable:	45987

(a) If the student is not enrolled in a community school, the	45988
department shall deduct the amount from the account of the	45989
student's resident district pursuant to division (J) of section	45990
3317.023 of the Revised Code.	45991

(b) If the student is enrolled in a community school, the	45992
department shall deduct the amount from the account of the	45993
community school pursuant to section 3314.083 of the Revised Code.	45994

(D) In any fiscal year, a school district receiving funds	45995
under division (A)(5) of this section shall spend those funds only	45996
for the purposes that the department designates as approved for	45997
career-technical education expenses. Career-technical educational	45998
expenses approved by the department shall include only expenses	45999
connected to the delivery of career-technical programming to	46000
career-technical students. The department shall require the school	46001
district to report data annually so that the department may	46002
monitor the district's compliance with the requirements regarding	46003
the manner in which funding received under division (A)(5) of this	46004
section may be spent.	46005

(E) In any fiscal year, a school district receiving funds	46006
under division (A)(6) of this section, or through a transfer of	46007
funds pursuant to division (I) of section 3317.023 of the Revised	46008
Code, shall spend those funds only for the purposes that the	46009
department designates as approved for career-technical education	46010
associated services expenses, which may include such purposes as	46011
apprenticeship coordinators, coordinators for other	46012
career-technical education services, career-technical evaluation,	46013
and other purposes designated by the department. The department	46014
may deny payment under division (A)(6) of this section to any	46015
district that the department determines is not operating those	46016
services or is using funds paid under division (A)(6) of this	46017
section, or through a transfer of funds pursuant to division (I)	46018
of section 3317.023 of the Revised Code, for other purposes.	46019

(F) As used in this section:

46020

(1) "Community school" means a community school established	46021
under Chapter 3314. of the Revised Code.	46022

(2) "Resident district" means the city, local, or exempted	46023
village school district in which a student is entitled to attend	46024
school under section 3313.64 or 3313.65 of the Revised Code.	46025

(3) "State share percentage" is equal to the following:

46026

The amount computed under division (A)(1) of this section /	46027

(the formula amount X formula ADM)	46028

Sec. 3317.161. (A) As used in this section, "lead district"	46029
has the same meaning as in section 3317.023 of the Revised Code.	46030

(B) The lead district of a career-technical planning district	46031
shall review the career-technical education program of each city,	46032
local, and exempted village school district, each community	46033
school, and each STEM school that is assigned to the	46034
career-technical planning district and determine whether to	46035
approve or disapprove the program. The lead district shall notify	46036
the department of its determination.	46037

(C) Upon receiving notification of a lead district's	46038
approval, the department shall pay to the member city, local, or	46039
exempted village school district or deduct from the state	46040
education aid of a district and pay to a community school or STEM	46041
school the funds attributed to the career-technical students	46042
enrolled in the district or school, according to a payment	46043
schedule prescribed by the department.	46044

(D) Upon receiving notification from a lead district of	46045
disapproval of a city, local, or exempted village school	46046
district's, a community school's, or STEM school's	46047
career-technical education program, the department shall	46048
automatically review the lead district's decision. In reviewing	46049
the lead district's decision, the department shall consider the	46050
demand for the career-technical education program and the	46051
availability of the program within the career-technical planning	46052
district. If, as a result of the review, the department decides to	46053
approve the city, local, or exempted village school district's,	46054
the community school's, or the STEM school's career-technical	46055
education program, the department shall pay the funds to the	46056
district or deduct and pay the funds to the community school or	46057
STEM school in the manner described in division (C) of this	46058
section. The department's decision shall be final.	46059

Sec. 3317.18. (A) As used in this section, the terms	46060
"Chapter 133. securities," "credit enhancement facilities," "debt	46061
charges," "general obligation," "legislation," "public	46062
obligations," and "securities" have the same meanings as in	46063
section 133.01 of the Revised Code.	46064

(B) The board of education of any school district authorizing	46065
the issuance of securities under section 133.10~~, 133.301,~~ or	46066
3313.372 of the Revised Code or general obligation Chapter 133.	46067
securities may adopt legislation requesting the state department	46068
of education to approve, and enter into an agreement with the	46069
school district and the primary paying agent or fiscal agent for	46070
such securities providing for, the withholding and deposit of	46071
funds, otherwise due the district under Chapter 3317. of the	46072
Revised Code, for the payment of debt service charges on such	46073
securities.	46074

The board of education shall deliver to the state department	46075
a copy of such resolution and any additional pertinent information	46076
the state department may require.	46077

The department of education and the office of budget and	46078
management shall evaluate each request received from a school	46079
district under this section and the department, with the advice	46080
and consent of the director of budget and management, shall	46081
approve or deny each request based on all of the following:	46082

(1) Whether approval of the request will enhance the	46083
marketability of the securities for which the request is made;	46084

(2) Any other pertinent factors or limitations established in	46085
rules made under division (I) of this section, including:	46086

(a) Current and projected obligations of funds due to the	46087
requesting school district under Chapter 3317. of the Revised Code	46088
including obligations of those funds to public obligations or	46089
relevant credit enhancement facilities under this section, Chapter	46090
133. and section 3313.483 of the Revised Code, and under any other	46091
similar provisions of law;	46092

(b) Whether the department of education or the office of	46093
budget and management has any reason to believe the requesting	46094
school district will be unable to pay when due the debt charges on	46095
the securities for which the request is made.	46096

The department may require a school district to establish	46097
schedules for the payment of all debt charges that take into	46098
account the amount and timing of anticipated distributions of	46099
funds to the district under Chapter 3317. of the Revised Code.	46100

(C) If the department approves the request of a school	46101
district to withhold and deposit funds pursuant to this section,	46102
the department shall enter into a written agreement with the	46103
district and the primary paying agent or fiscal agent for the	46104
securities which shall provide for the withholding of funds	46105
pursuant to this section for the payment of debt charges on those	46106
securities, and may include both of the following:	46107

(1) Provisions for certification by the district to the	46108
department, at a time prior to any date for the payment of	46109
applicable debt charges, whether the district is able to pay those	46110
debt charges when due;	46111

(2) Requirements that the district deposit amounts for the	46112
payment of debt charges on the securities with the primary paying	46113
agent or fiscal agent for the securities prior to the date on	46114
which those debt charge payments are due to the owners or holders	46115
of the securities.	46116

(D) Whenever a district notifies the department of education	46117
that it will be unable to pay debt charges when they are due,	46118
subject to the withholding provisions of this section, or whenever	46119
the applicable paying agent or fiscal agent notifies the	46120
department that it has not timely received from a school district	46121
the full amount needed for the payment when due of those debt	46122
charges to the holders or owners of such securities, the	46123
department shall immediately contact the school district and the	46124
paying agent or fiscal agent to confirm or determine whether the	46125
district is unable to make the required payment by the date on	46126
which it is due.	46127

Upon demand of the treasurer of state while holding a school	46128
district obligation purchased under division (G)(1) of section	46129
135.143 of the Revised Code, the state department of education,	46130
without a request of the school district, shall withhold and	46131
deposit funds pursuant to this section for payment of debt service	46132
charges on that obligation.	46133

If the department confirms or determines that the district	46134
will be unable to make such payment and payment will not be made	46135
pursuant to a credit enhancement facility, the department shall	46136
promptly pay to the applicable primary paying agent or fiscal	46137
agent the lesser of the amount due for debt charges or the amount	46138
due the district for the remainder of the fiscal year under	46139
Chapter 3317. of the Revised Code. If this amount is insufficient	46140
to pay the total amount then due the agent for the payment of debt	46141
charges, the department shall pay to the agent each fiscal year	46142
thereafter, and until the full amount due the agent for unpaid	46143
debt charges is paid in full, the lesser of the remaining amount	46144
due the agent for debt charges or the amount due the district for	46145
the fiscal year under Chapter 3317. of the Revised Code.	46146

(E) The state department may make any payments under this	46147
division by direct deposit of funds by electronic transfer.	46148

Any amount received by a paying agent or fiscal agent under	46149
this section shall be applied only to the payment of debt charges	46150
on the securities of the school district subject to this section	46151
or to the reimbursement to the provider of a credit enhancement	46152
facility that has paid such debt charges.	46153

(F) To the extent a school district whose securities are	46154
subject to this section is unable to pay applicable debt charges	46155
because of the failure to collect property taxes levied for the	46156
payment of those debt charges, the district may transfer to or	46157
deposit into any fund that would have received payments under	46158
Chapter 3317. of the Revised Code that were withheld under this	46159
section any such delinquent property taxes when later collected,	46160
provided that transfer or deposit shall be limited to the amounts	46161
withheld from that fund under this section.	46162

(G) The department may make payments under this section to	46163
paying agents or fiscal agents only from and to the extent that	46164
money is appropriated by the general assembly for Chapter 3317. of	46165
the Revised Code or for the purposes of this section. No	46166
securities of a school district to which this section is made	46167
applicable constitute an obligation or a debt or a pledge of the	46168
faith, credit, or taxing power of the state, and the holders or	46169
owners of such securities have no right to have taxes levied or	46170
appropriations made by the general assembly for the payment of	46171
debt charges on those securities, and those securities, if the	46172
department requires, shall contain a statement to that effect. The	46173
agreement for or the actual withholding and payment of moneys	46174
under this section does not constitute the assumption by the state	46175
of any debt of a school district.	46176

(H) In the case of securities subject to the withholding	46177
provisions of this section, the issuing board of education shall	46178
appoint a paying agent or fiscal agent who is not an officer or	46179
employee of the school district.	46180

(I) The department of education, with the advice of the	46181
office of budget and management, may adopt reasonable rules not	46182
inconsistent with this section for the implementation of this	46183
section and division (B) of section 133.25 of the Revised Code as	46184
it relates to the withholding and depositing of payments under	46185
Chapter 3317. of the Revised Code to secure payment of debt	46186
charges on school district securities. Those rules shall include	46187
criteria for the evaluation and approval or denial of school	46188
district requests for withholding under this section and limits on	46189
the obligation for the purpose of paying debt charges or	46190
reimbursing credit enhancement facilities of funds otherwise to be	46191
paid to school districts under Chapter 3317. of the Revised Code.	46192

(J) The authority granted by this section is in addition to	46193
and not a limitation on any other authorizations granted by or	46194
pursuant to law for the same or similar purposes.	46195

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	46196
~~allowance" means an amount equal to the sum of the following:~~	46197

~~(1) The total of the salary allowances for the teachers~~	46198
~~employed in the cooperative education school district for all~~	46199
~~units approved under division (B) or (C) of section 3317.05 of the~~	46200
~~Revised Code. The salary allowance for each unit shall equal the~~	46201
~~minimum salary for the teacher of the unit calculated on the basis~~	46202
~~of the teacher's training level and years of experience pursuant~~	46203
~~to the salary schedule prescribed in the version of section~~	46204
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	46205

~~(2) Fifteen per cent of the total computed under division~~	46206
~~(A)(1) of this section;~~	46207

~~(3) The total of the unit operating allowances for all~~	46208
~~approved units. The amount of each allowance shall equal one of~~	46209
~~the following:~~	46210

~~(a) Eight thousand twenty-three dollars times the number of~~	46211
~~units for preschool children with disabilities or fraction thereof~~	46212
~~approved for the year under division (B) of section 3317.05 of the~~	46213
~~Revised Code;~~	46214

~~(b) Two thousand one hundred thirty-two dollars times the~~	46215
~~number of units or fraction thereof approved for the year under~~	46216
~~division (C) of section 3317.05 of the Revised Code.~~	46217

~~(B)~~ The state board of education shall compute and distribute	46218
to each cooperative education school district for each fiscal year	46219
an amount equal to the sum of the following:	46220

~~(1)~~(A) An amount equal to the total of the amounts credited	46221
to the cooperative education school district pursuant to division	46222
(H) of section 3317.023 of the Revised Code;	46223

~~(2) The total unit allowance;~~

46224

~~(3)~~(B) An amount for assisting in providing free lunches to	46225
needy children pursuant to division (D) of section 3317.024 of the	46226
Revised Code.	46227

~~(C) If a cooperative education school district has had~~	46228
~~additional special education units approved for the year under~~	46229
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	46230
~~district shall receive an additional amount during the last half~~	46231
~~of the fiscal year. For each unit, the additional amount shall~~	46232
~~equal fifty per cent of the amount computed under division (A) of~~	46233
~~this section for a unit approved under division (B) of section~~	46234
~~3317.05 of the Revised Code.~~	46235

Sec. 3317.20. This section does not apply to preschool	46236
children with disabilities.	46237

(A) As used in this section:

46238

(1) "Applicable weight" means the multiple specified in	46239
section 3317.013 of the Revised Code for a disability described in	46240
that section.	46241

(2) "Child's school district" means the school district in	46242
which a child is entitled to attend school pursuant to section	46243
3313.64 or 3313.65 of the Revised Code.	46244

(3) "State share ~~percentage~~index" means the state share	46245
~~percentage~~index of the child's school district.	46246

(B) ~~Except as provided in division (C) of this section, the~~	46247
The department shall annually pay each county DD board for each	46248
child with a disability, other than a preschool child with a	46249
disability, for whom the county DD board provides special	46250
education and related services an amount equal to the formula	46251
amount + (state share ~~percentage~~index X formula amount X the	46252
applicable weight).	46253

~~(C) If any school district places with a county DD board more~~	46254
~~children with disabilities than it had placed with a county DD~~	46255
~~board in fiscal year 1998, the department shall not make a payment~~	46256
~~under division (B) of this section for the number of children~~	46257
~~exceeding the number placed in fiscal year 1998. The department~~	46258
~~instead shall deduct from the district's payments under this~~	46259
~~chapter, and pay to the county DD board, an amount calculated in~~	46260
~~accordance with the formula prescribed in division (B) of this~~	46261
~~section for each child over the number of children placed in~~	46262
~~fiscal year 1998.~~	46263

~~(D) The department shall calculate for each county DD board~~	46264
~~receiving payments under divisions (B) and (C) of this section the~~	46265
~~following amounts:~~	46266

~~(1) The amount received by the county DD board for approved~~	46267
~~special education and related services units, other than units for~~	46268
~~preschool children with disabilities, in fiscal year 1998, divided~~	46269
~~by the total number of children served in the units that year;~~	46270

~~(2) The product of the quotient calculated under division~~	46271
~~(D)(1) of this section times the number of children for whom~~	46272
~~payments are made under divisions (B) and (C) of this section.~~	46273

~~If the amount calculated under division (D)(2) of this~~	46274
~~section is greater than the total amount calculated under~~	46275
~~divisions (B) and (C) of this section, the department shall pay~~	46276
~~the county DD board one hundred per cent of the difference in~~	46277
~~addition to the payments under divisions (B) and (C) of this~~	46278
~~section.~~	46279

~~(E)~~(C) Each county DD board shall report to the department,	46280
in the manner specified by the department, the name of each child	46281
for whom the county DD board provides special education and	46282
related services and the child's school district.	46283

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	46284
payments under this section, the department may request from	46285
either of the following entities the data verification code	46286
assigned under division (D)(2) of section 3301.0714 of the Revised	46287
Code to any child who is placed with a county DD board:	46288

(a) The child's school district;

46289

(b) The independent contractor engaged to create and maintain	46290
data verification codes.	46291

(2) Upon a request by the department under division ~~(F)~~(D)(1)	46292
of this section for the data verification code of a child, the	46293
child's school district shall submit that code to the department	46294
in the manner specified by the department. If the child has not	46295
been assigned a code, the district shall assign a code to that	46296
child and submit the code to the department by a date specified by	46297
the department. If the district does not assign a code to the	46298
child by the specified date, the department shall assign a code to	46299
the child.	46300

The department annually shall submit to each school district	46301
the name and data verification code of each child residing in the	46302
district for whom the department has assigned a code under this	46303
division.	46304

(3) The department shall not release any data verification	46305
code that it receives under division ~~(F)~~(D) of this section to any	46306
person except as provided by law.	46307

~~(G)~~(E) Any document relative to special education and related	46308
services provided by a county DD board that the department holds	46309
in its files that contains both a student's name or other	46310
personally identifiable information and the student's data	46311
verification code shall not be a public record under section	46312
149.43 of the Revised Code.	46313

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	46314
the custody of a juvenile facility established under section	46315
2151.65 or a detention facility established under section 2152.41	46316
of the Revised Code, ifpayment for the child's education services	46317
shall be administered by one of the following methods:	46318

(1) If the facility educates the child, the facility, or the	46319
chartered nonpublic school it operates, may submit its request for	46320
payment directly to the school district that is to bear the cost	46321
of educating the child, as determined under section 2151.362 of	46322
the Revised Code. That district shall pay the facility or the	46323
chartered nonpublic school directly for those services.	46324

(2) If the facility contracts directly with a school district	46325
in which the facility is located for services for that child, the	46326
school district may submit its request for payment directly to the	46327
school district that is to bear the cost of educating the child,	46328
as determined under section 2151.362 of the Revised Code. That	46329
district shall pay the school district where the facility is	46330
located directly for those services.	46331

(3) If that facility contracts directly with an educational	46332
service center for services for that child, the service center may	46333
submit its request for payment for services for the child directly	46334
to the school district that is responsible to bear the cost of	46335
educating the child, as determined under section 2151.362 of the	46336
Revised Code. That district shall pay the service center directly	46337
for those services. ~~Notwithstanding~~	46338

(B) Notwithstanding anything to the contrary in section	46339
3317.03 of the Revised Code, the district that pays a service	46340
center, facility or chartered nonpublic school the facility	46341
operates, or other school district for services for a particular	46342
child under this section shall include that child in the	46343
district's average daily membership as reported under division (A)	46344
of section 3317.03 of the Revised Code. No other district shall	46345
include the child in its average daily membership.	46346

Payments made for a child under this section shall be	46347
determined in accordance with division (C)(4) of section 3313.64	46348
of the Revised Code.	46349

Sec. 3317.40. (A) As used in this section, "subgroup" means	46350
one of the following subsets of the entire student population of a	46351
school district or a school building:	46352

(1) Students with disabilities;

46353

(2) Economically disadvantaged students;

46354

(3) Limited English proficient students;

46355

(4) Students identified as gifted in superior cognitive	46356
ability and specific academic ability fields under Chapter 3324.	46357
of the Revised Code.	46358

(B) When funds are provided under this chapter specifically	46359
for services for a subgroup of students, the general assembly has	46360
determined that these students experience unique challenges	46361
requiring additional resources. The department of education shall	46362
require school districts and schools to account for the	46363
expenditure of funds provided under this chapter for services to	46364
those students.	46365

(C) If a district or school fails to show satisfactory	46366
achievement and progress, as determined by the state board of	46367
education, for any subgroup of students based on performance	46368
measures reported or graded under section 3302.03 of the Revised	46369
Code, the district or school shall submit an improvement plan to	46370
the department for approval. The plan may be included in any other	46371
improvement plan required of the district or school under state or	46372
federal law. The department may require that a plan required under	46373
division (C) of this section include an agreement to partner with	46374
another organization that has demonstrated the ability to improve	46375
the educational outcome for that subgroup of students to provide	46376
services to those students. The partner organization may be	46377
another school, district, or other education provider.	46378

Not later than December 31, 2014, the state board of	46379
education shall establish measures of satisfactory achievement and	46380
progress, which include, but are not limited to, performance	46381
measures under section 3302.03 of the Revised Code. The department	46382
shall make the initial determination of satisfactory achievement	46383
and progress under this section using those measures not later	46384
than September 1, 2015, and then make determinations under this	46385
section annually thereafter.	46386

The department shall publish a list of schools, school	46387
districts, and other educational providers that have demonstrated	46388
an ability to serve each subgroup of students.	46389

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	46390
hereby created in the state treasury. The fund shall consist of	46391
certain excess local exchange telephone company contributions	46392
transferred from the reserve fund of the Ohio telecommunications	46393
advisory board pursuant to an agreement between the public	46394
utilities commission of Ohio and the Ohio department of education.	46395
The fund shall be used by the chancellor of the Ohio board of	46396
regents, in the amounts appropriated, to finance technology grants	46397
to state-chartered elementary and secondary schools. Investment	46398
earnings of the fund shall be credited to the fund.	46399

Sec. 3317.51. (A) The distance learning fund is hereby	46400
created in the state treasury. The fund shall consist of moneys	46401
paid ~~to the eTech Ohio commission~~ by any telephone company as a	46402
part of a settlement agreement between such company and the public	46403
utilities commission in fiscal year 1995 in part to establish	46404
distance learning throughout the state. The ~~commission~~chancellor	46405
of the Ohio board of regents shall administer the fund and expend	46406
moneys from it to finance technology grants to eligible schools	46407
chartered by the state board of education to establish distance	46408
learning in those schools. Chartered schools are eligible for	46409
funds if they are within the service area of the telephone	46410
company. Investment earnings of the fund shall be credited to the	46411
fund.	46412

(B) For purposes of this section, "distance learning" means	46413
the creation of a learning environment involving a school setting	46414
and at least one other location outside of the school which allows	46415
for information available at one site to be accessed at the other	46416
through the use of such educational applications as one-way or	46417
two-way transmission of data, voice, and video, singularly or in	46418
appropriate combinations.	46419

Sec. 3318.011. For purposes of providing assistance under	46420
sections 3318.01 to 3318.20 of the Revised Code, the department of	46421
education shall annually do all of the following:	46422

(A) Calculate the adjusted valuation per pupil of each city,	46423
local, and exempted village school district according to the	46424
following formula:	46425

The district's valuation per pupil -	46426

[$30,000 X (1 - the district's income factor)].	46427

For purposes of this calculation:

46428

(1) Except for a district with an open enrollment net gain	46429
that is ten per cent or more of its formula ADM, "valuation per	46430
pupil" for a district means its average taxable value, divided by	46431
its formula ADM for the previous fiscal year. "Valuation per	46432
pupil," for a district with an open enrollment net gain that is	46433
ten per cent or more of its formula ADM, means its average taxable	46434
value, divided by the sum of its formula ADM for the previous	46435
fiscal year plus its open enrollment net gain for the previous	46436
fiscal year.	46437

(2) "Average taxable value" means the average of the sum of	46438
the amounts certified for a district under divisions (A)(1) and	46439
(2) of section 3317.021 of the Revised Code in the second, third,	46440
and fourth preceding fiscal years.	46441

(3) "Entitled to attend school" means entitled to attend	46442
school in a city, local, or exempted village school district under	46443
section 3313.64 or 3313.65 of the Revised Code.	46444

(4) "Formula ADM" ~~and "income factor" have~~has the same	46445
~~meanings~~meaning as in section 3317.02 of the Revised Code.	46446

(5) "Native student" has the same meaning as in section	46447
3313.98 of the Revised Code.	46448

(6) "Open enrollment net gain" for a district means (a) the	46449
number of the students entitled to attend school in another	46450
district but who are enrolled in the schools of the district under	46451
its open enrollment policy minus (b) the number of the district's	46452
native students who are enrolled in the schools of another	46453
district under the other district's open enrollment policy, both	46454
numbers as certified to the department under section 3313.981 of	46455
the Revised Code. If the difference is a negative number, the	46456
district's "open enrollment net gain" is zero.	46457

(7) "Open enrollment policy" means an interdistrict open	46458
enrollment policy adopted under section 3313.98 of the Revised	46459
Code.	46460

(8) "District median income" means the median Ohio adjusted	46461
gross income certified for a school district. On or before the	46462
first day of July of each year, the tax commissioner shall certify	46463
to the department of education and the office of budget and	46464
management for each city, exempted village, and local school	46465
district the median Ohio adjusted gross income of the residents of	46466
the school district determined on the basis of tax returns filed	46467
for the second preceding tax year by the residents of the	46468
district.	46469

(9) "Statewide median income" means the median district	46470
median income of all city, exempted village, and local school	46471
districts in the state.	46472

(10) "Income factor" for a city, exempted village, or local	46473
school district means the quotient obtained by dividing that	46474
district's median income by the statewide median income.	46475

(B) Calculate for each district the three-year average of the	46476
adjusted valuations per pupil calculated for the district for the	46477
current and two preceding fiscal years;	46478

(C) Rank all such districts in order of adjusted valuation	46479
per pupil from the district with the lowest three-year average	46480
adjusted valuation per pupil to the district with the highest	46481
three-year average adjusted valuation per pupil;	46482

(D) Divide such ranking into percentiles with the first	46483
percentile containing the one per cent of school districts having	46484
the lowest three-year average adjusted valuations per pupil and	46485
the one-hundredth percentile containing the one per cent of school	46486
districts having the highest three-year average adjusted	46487
valuations per pupil;	46488

(E) Determine the school districts that have three-year	46489
average adjusted valuations per pupil that are greater than the	46490
median three-year average adjusted valuation per pupil for all	46491
school districts in the state;	46492

(F) On or before the first day of September, certify the	46493
information described in divisions (A) to (E) of this section to	46494
the Ohio school facilities commission.	46495

Sec. 3318.031. (A) The Ohio school facilities commission	46496
shall consider student and staff safety and health when reviewing	46497
design plans for classroom facility construction projects proposed	46498
under this chapter. After consulting with appropriate education,	46499
health, and law enforcement personnel, the commission may require	46500
as a condition of project approval under either section 3318.03 or	46501
division (B)(1) of section 3318.41 of the Revised Code such	46502
changes in the design plans as the commission believes will	46503
advance or improve student and staff safety and health in the	46504
proposed classroom facility.	46505

To carry out its duties under this division, the commission	46506
shall review and, if necessary, amend any construction and design	46507
standards used in its project approval process, including	46508
standards for location and number of exits, standards for lead	46509
safety in classroom facilities constructed before 1978 in which	46510
services are provided to children under six years of age, and	46511
location of restrooms, with a focus on advancing student and staff	46512
safety and health.	46513

(B) When reviewing design standards for classroom facility	46514
construction projects proposed under this chapter, the commission	46515
shall also consider the extent to which the design standards	46516
support the following:	46517

(1) ~~Support and facilitation of smaller classes and the trend~~	46518
~~toward smaller schools~~Trends in educational delivery methods,	46519
including digital access and blended learning;	46520

(2) Provision of sufficient space for training new teachers	46521
and promotion of collaboration among teaching candidates,	46522
experienced teachers, and teacher educators;	46523

(3) Provision of adequate space for teacher planning and	46524
collaboration;	46525

(4) Provision of adequate space for parent involvement	46526
activities;	46527

(5) Provision of sufficient space for innovative partnerships	46528
between schools and health and social service agencies.	46529

Sec. 3318.08. Except in the case of a joint vocational	46530
school district that receives assistance under sections 3318.40 to	46531
3318.45 of the Revised Code, if the requisite favorable vote on	46532
the election is obtained, or if the school district board has	46533
resolved to apply the proceeds of a property tax levy or the	46534
proceeds of an income tax, or a combination of proceeds from such	46535
taxes, as authorized in section 3318.052 of the Revised Code, the	46536
Ohio school facilities commission, upon certification to it of	46537
either the results of the election or the resolution under section	46538
3318.052 of the Revised Code, shall enter into a written agreement	46539
with the school district board for the construction and sale of	46540
the project. In the case of a joint vocational school district	46541
that receives assistance under sections 3318.40 to 3318.45 of the	46542
Revised Code, if the school district board of education and the	46543
school district electors have satisfied the conditions prescribed	46544
in division (D)(1) of section 3318.41 of the Revised Code, the	46545
commission shall enter into an agreement with the school district	46546
board for the construction and sale of the project. In either	46547
case, the agreement shall include, but need not be limited to, the	46548
following provisions:	46549

(A) The sale and issuance of bonds or notes in anticipation	46550
thereof, as soon as practicable after the execution of the	46551
agreement, in an amount equal to the school district's portion of	46552
the basic project cost, including any securities authorized under	46553
division (J) of section 133.06 of the Revised Code and dedicated	46554
by the school district board to payment of the district's portion	46555
of the basic project cost of the project; provided, that if at	46556
that time the county treasurer of each county in which the school	46557
district is located has not commenced the collection of taxes on	46558
the general duplicate of real and public utility property for the	46559
year in which the controlling board approved the project, the	46560
school district board shall authorize the issuance of a first	46561
installment of bond anticipation notes in an amount specified by	46562
the agreement, which amount shall not exceed an amount necessary	46563
to raise the net bonded indebtedness of the school district as of	46564
the date of the controlling board's approval to within five	46565
thousand dollars of the required level of indebtedness for the	46566
preceding year. In the event that a first installment of bond	46567
anticipation notes is issued, the school district board shall, as	46568
soon as practicable after the county treasurer of each county in	46569
which the school district is located has commenced the collection	46570
of taxes on the general duplicate of real and public utility	46571
property for the year in which the controlling board approved the	46572
project, authorize the issuance of a second and final installment	46573
of bond anticipation notes or a first and final issue of bonds.	46574

The combined value of the first and second installment of	46575
bond anticipation notes or the value of the first and final issue	46576
of bonds shall be equal to the school district's portion of the	46577
basic project cost. The proceeds of any such bonds shall be used	46578
first to retire any bond anticipation notes. Otherwise, the	46579
proceeds of such bonds and of any bond anticipation notes, except	46580
the premium and accrued interest thereon, shall be deposited in	46581
the school district's project construction fund. In determining	46582
the amount of net bonded indebtedness for the purpose of fixing	46583
the amount of an issue of either bonds or bond anticipation notes,	46584
gross indebtedness shall be reduced by moneys in the bond	46585
retirement fund only to the extent of the moneys therein on the	46586
first day of the year preceding the year in which the controlling	46587
board approved the project. Should there be a decrease in the tax	46588
valuation of the school district so that the amount of	46589
indebtedness that can be incurred on the tax duplicates for the	46590
year in which the controlling board approved the project is less	46591
than the amount of the first installment of bond anticipation	46592
notes, there shall be paid from the school district's project	46593
construction fund to the school district's bond retirement fund to	46594
be applied against such notes an amount sufficient to cause the	46595
net bonded indebtedness of the school district, as of the first	46596
day of the year following the year in which the controlling board	46597
approved the project, to be within five thousand dollars of the	46598
required level of indebtedness for the year in which the	46599
controlling board approved the project. The maximum amount of	46600
indebtedness to be incurred by any school district board as its	46601
share of the cost of the project is either an amount that will	46602
cause its net bonded indebtedness, as of the first day of the year	46603
following the year in which the controlling board approved the	46604
project, to be within five thousand dollars of the required level	46605
of indebtedness, or an amount equal to the required percentage of	46606
the basic project costs, whichever is greater. All bonds and bond	46607
anticipation notes shall be issued in accordance with Chapter 133.	46608
of the Revised Code, and notes may be renewed as provided in	46609
section 133.22 of the Revised Code.	46610

(B) The transfer of such funds of the school district board	46611
available for the project, together with the proceeds of the sale	46612
of the bonds or notes, except premium, accrued interest, and	46613
interest included in the amount of the issue, to the school	46614
district's project construction fund;	46615

(C) For all school districts except joint vocational school	46616
districts that receive assistance under sections 3318.40 to	46617
3318.45 of the Revised Code, the following provisions as	46618
applicable:	46619

(1) If section 3318.052 of the Revised Code applies, the	46620
earmarking of the proceeds of a tax levied under section 5705.21	46621
of the Revised Code for general permanent improvements or under	46622
section 5705.218 of the Revised Code for the purpose of permanent	46623
improvements, or the proceeds of a school district income tax	46624
levied under Chapter 5748. of the Revised Code, or the proceeds	46625
from a combination of those two taxes, in an amount to pay all or	46626
part of the service charges on bonds issued to pay the school	46627
district portion of the project and an amount equivalent to all or	46628
part of the tax required under division (B) of section 3318.05 of	46629
the Revised Code;	46630

(2) If section 3318.052 of the Revised Code does not apply,	46631
one of the following:	46632

(a) The levy of the tax authorized at the election for the	46633
payment of maintenance costs, as specified in division (B) of	46634
section 3318.05 of the Revised Code;	46635

(b) If the school district electors have approved a	46636
continuing tax for general permanent improvements under section	46637
5705.21 of the Revised Code and that tax can be used for	46638
maintenance, the earmarking of an amount of the proceeds from such	46639
tax for maintenance of classroom facilities as specified in	46640
division (B) of section 3318.05 of the Revised Code;	46641

(c) If, in lieu of the tax otherwise required under division	46642
(B) of section 3318.05 of the Revised Code, the commission has	46643
approved the transfer of money to the maintenance fund in	46644
accordance with section 3318.051 of the Revised Code, a	46645
requirement that the district board comply with the provisions of	46646
that section. The district board may rescind the provision	46647
prescribed under division (C)(2)(c) of this section only so long	46648
as the electors of the district have approved, in accordance with	46649
section 3318.063 of the Revised Code, the levy of a tax for the	46650
maintenance of the classroom facilities acquired under the	46651
district's project and that levy continues to be collected as	46652
approved by the electors.	46653

(D) For joint vocational school districts that receive	46654
assistance under sections 3318.40 to 3318.45 of the Revised Code,	46655
provision for deposit of school district moneys dedicated to	46656
maintenance of the classroom facilities acquired under those	46657
sections as prescribed in section 3318.43 of the Revised Code;	46658

(E) Dedication of any local donated contribution as provided	46659
for under section 3318.084 of the Revised Code, including a	46660
schedule for depositing such moneys applied as an offset of the	46661
district's obligation to levy the tax described in division (B) of	46662
section 3318.05 of the Revised Code as required under division	46663
(D)(2) of section 3318.084 of the Revised Code;	46664

(F) Ownership of or interest in the project during the period	46665
of construction, which shall be divided between the commission and	46666
the school district board in proportion to their respective	46667
contributions to the school district's project construction fund;	46668

(G) Maintenance of the state's interest in the project until	46669
any obligations issued for the project under section 3318.26 of	46670
the Revised Code are no longer outstanding;	46671

(H) The insurance of the project by the school district from	46672
the time there is an insurable interest therein and so long as the	46673
state retains any ownership or interest in the project pursuant to	46674
division (F) of this section, in such amounts and against such	46675
risks as the commission shall require; provided, that the cost of	46676
any required insurance until the project is completed shall be a	46677
part of the basic project cost;	46678

(I) The certification by the director of budget and	46679
management that funds are available and have been set aside to	46680
meet the state's share of the basic project cost as approved by	46681
the controlling board pursuant to either section 3318.04 or	46682
division (B)(1) of section 3318.41 of the Revised Code;	46683

(J) Authorization of the school district board to advertise	46684
for and receive construction bids for the project, for and on	46685
behalf of the commission, and to award contracts in the name of	46686
the state subject to approval by the commission;	46687

(K) Provisions for the disbursement of moneys from the school	46688
district's project account upon issuance by the commission or the	46689
commission's designated representative of vouchers for work done	46690
to be certified to the commission by the treasurer of the school	46691
district board;	46692

(L) Disposal of any balance left in the school district's	46693
project construction fund upon completion of the project;	46694

(M) Limitations upon use of the project or any part of it so	46695
long as any obligations issued to finance the project under	46696
section 3318.26 of the Revised Code are outstanding;	46697

(N) Provision for vesting the state's interest in the project	46698
to the school district board when the obligations issued to	46699
finance the project under section 3318.26 of the Revised Code are	46700
outstanding;	46701

(O) Provision for deposit of an executed copy of the	46702
agreement in the office of the commission;	46703

(P) Provision for termination of the contract and release of	46704
the funds encumbered at the time of the conditional approval, if	46705
the proceeds of the sale of the bonds of the school district board	46706
are not paid into the school district's project construction fund	46707
and if bids for the construction of the project have not been	46708
taken within such period after the execution of the agreement as	46709
may be fixed by the commission;	46710

(Q) Provision for the school district to maintain the project	46711
in accordance with a plan approved by the commission;	46712

(R) Provision that all state funds reserved and encumbered to	46713
pay the state share of the cost of the project and the funds	46714
provided by the school district to pay for its share of the	46715
project cost, including the respective shares of the cost of a	46716
segment if the project is divided into segments, be spent on the	46717
construction and acquisition of the project or segment	46718
simultaneously in proportion to the state's and the school	46719
district's respective shares of that basic project cost as	46720
determined under section 3318.032 of the Revised Code or, if the	46721
district is a joint vocational school district, under section	46722
3318.42 of the Revised Code. However, if the school district	46723
certifies to the commission that expenditure by the school	46724
district is necessary to maintain the federal tax status or	46725
tax-exempt status of notes or bonds issued by the school district	46726
to pay for its share of the project cost or to comply with	46727
applicable temporary investment periods or spending exceptions to	46728
rebate as provided for under federal law in regard to those notes	46729
or bonds, the school district may commit to spend, or spend, a	46730
greater portion of the funds it provides during any specific	46731
period than would otherwise be required under this division.	46732

(S) A provision stipulating that the commission may prohibit	46733
the district from proceeding with any project if the commission	46734
determines that the site is not suitable for construction	46735
purposes. The commission may perform soil tests in its	46736
determination of whether a site is appropriate for construction	46737
purposes.	46738

(T) A provision stipulating that, unless otherwise authorized	46739
by the commission, any contingency reserve portion of the	46740
construction budget prescribed by the commission shall be used	46741
only to pay costs resulting from unforeseen job conditions, to	46742
comply with rulings regarding building and other codes, to pay	46743
costs related to design clarifications or corrections to contract	46744
documents, and to pay the costs of settlements or judgments	46745
related to the project as provided under section 3318.086 of the	46746
Revised Code;	46747

(U) ~~Provision~~A provision stipulating that for continued	46748
release of project funds the school district board shall comply	46749
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	46750
throughout the project and shall notify the department of	46751
education and the Ohio community school association when the board	46752
plans to dispose of facilities by sale under that section;	46753

(V) ~~Provision~~A provision stipulating that the commission	46754
shall not approve a contract for demolition of a facility until	46755
the school district board has complied with ~~section~~sections	46756
3313.41 and 3313.411 of the Revised Code relative to that	46757
facility, unless demolition of that facility is to clear a site	46758
for construction of a replacement facility included in the	46759
district's project;	46760

(W) A requirement for the school district to adhere to a	46761
facilities maintenance plan approved by the commission.	46762

Sec. 3318.31. (A) The Ohio school facilities commission may	46763
perform any act and ensure the performance of any function	46764
necessary or appropriate to carry out the purposes of, and	46765
exercise the powers granted under, Chapter 3318. of the Revised	46766
Code, including any of the following:	46767

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	46768
the Revised Code, rules for the administration of programs	46769
authorized under Chapter 3318. of the Revised Code.	46770

(2) Contract with, retain the services of, or designate, and	46771
fix the compensation of, such agents, accountants, consultants,	46772
advisers, and other independent contractors as may be necessary or	46773
desirable to carry out the programs authorized under Chapter 3318.	46774
of the Revised Code, or authorize the executive director to	46775
perform such powers and duties.	46776

(3) Receive and accept any gifts, grants, donations, and	46777
pledges, and receipts therefrom, to be used for the programs	46778
authorized under Chapter 3318. of the Revised Code.	46779

(4) Make and enter into all contracts, commitments, and	46780
agreements, and execute all instruments, necessary or incidental	46781
to the performance of its duties and the execution of its rights	46782
and powers under Chapter 3318. of the Revised Code, or authorize	46783
the executive director or the Ohio facilities construction	46784
commission to perform such powers and duties.	46785

(5) Request the Ohio facilities construction commission to	46786
debar a contractor as provided in section 153.02 of the Revised	46787
Code.	46788

(B) The ~~Ohio school facilities commission shall appoint and~~	46789
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	46790
facilities construction commission, as appointed under division	46791
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	46792
~~pleasure of~~as the executive director for the Ohio school	46793
facilities commission. The executive director shall exercise all	46794
powers that the Ohio school facilities commission possesses,	46795
supervise the operations of the Ohio school facilities commission	46796
and perform such other duties as delegated by the Ohio school	46797
facilities commission. The executive director also shall employ	46798
and fix the compensation of such employees as will facilitate the	46799
activities and purposes of the Ohio school facilities commission,	46800
who shall serve at the pleasure of the executive director. The	46801
employees of the Ohio school facilities commission shall be exempt	46802
from Chapter 4117. of the Revised Code and shall not be public	46803
employees as defined in section 4117.01 of the Revised Code. Any	46804
agreement entered into prior to July 1, 2012, between the office	46805
of collective bargaining and the exclusive representative for	46806
employees of the commission is binding and shall continue to have	46807
effect.	46808

(C) The attorney general shall serve as the legal	46809
representative for the Ohio school facilities commission and may	46810
appoint other counsel as necessary for that purpose in accordance	46811
with section 109.07 of the Revised Code.	46812

Sec. 3318.36. (A)(1) As used in this section:

46813

(a) "Ohio school facilities commission," "classroom	46814
facilities," "school district," "school district board," "net	46815
bonded indebtedness," "required percentage of the basic project	46816
costs," "basic project cost," "valuation," and "percentile" have	46817
the same meanings as in section 3318.01 of the Revised Code.	46818

(b) "Required level of indebtedness" means five per cent of	46819
the school district's valuation for the year preceding the year in	46820
which the commission and school district enter into an agreement	46821
under division (B) of this section, plus [two one-hundredths of	46822
one per cent multiplied by (the percentile in which the district	46823
ranks minus one)].	46824

(c) "Local resources" means any moneys generated in any	46825
manner permitted for a school district board to raise the school	46826
district portion of a project undertaken with assistance under	46827
sections 3318.01 to 3318.20 of the Revised Code.	46828

(d) "Tangible personal property phase-out impacted district"	46829
means a school district for which the taxable value of its	46830
tangible personal property certified under division (A)(2) of	46831
section 3317.021 of the Revised Code for tax year 2005, excluding	46832
the taxable value of public utility personal property, made up	46833
eighteen per cent or more of its total taxable value for tax year	46834
2005 as certified under that section.	46835

(2) For purposes of determining the required level of	46836
indebtedness, the required percentage of the basic project costs	46837
under division (C)(1) of this section, and priority for assistance	46838
under sections 3318.01 to 3318.20 of the Revised Code, the	46839
percentile ranking of a school district with which the commission	46840
has entered into an agreement under this section between the first	46841
day of July and the thirty-first day of August in each fiscal year	46842
is the percentile ranking calculated for that district for the	46843
immediately preceding fiscal year, and the percentile ranking of a	46844
school district with which the commission has entered into such	46845
agreement between the first day of September and the thirtieth day	46846
of June in each fiscal year is the percentile ranking calculated	46847
for that district for the current fiscal year. However, in the	46848
case of a tangible personal property phase-out impacted district,	46849
the district's priority for assistance under sections 3318.01 to	46850
3318.20 of the Revised Code and its portion of the basic project	46851
cost under those sections shall be determined in the manner	46852
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	46853
this section.	46854

(B)(1) There is hereby established the school building	46855
assistance expedited local partnership program. Under the program,	46856
the Ohio school facilities commission may enter into an agreement	46857
with the board of any school district under which the board may	46858
proceed with the new construction or major repairs of a part of	46859
the district's classroom facilities needs, as determined under	46860
sections 3318.01 to 3318.20 of the Revised Code, through the	46861
expenditure of local resources prior to the school district's	46862
eligibility for state assistance under those sections, and may	46863
apply that expenditure toward meeting the school district's	46864
portion of the basic project cost of the total of the district's	46865
classroom facilities needs, as recalculated under division (E) of	46866
this section, when the district becomes eligible for state	46867
assistance under sections 3318.01 to 3318.20 or section 3318.364	46868
of the Revised Code. Any school district that is reasonably	46869
expected to receive assistance under sections 3318.01 to 3318.20	46870
of the Revised Code within two fiscal years from the date the	46871
school district adopts its resolution under division (B) of this	46872
section shall not be eligible to participate in the program	46873
established under this section.	46874

(2) To participate in the program, a school district board	46875
shall first adopt a resolution certifying to the commission the	46876
board's intent to participate in the program.	46877

The resolution shall specify the approximate date that the	46878
board intends to seek elector approval of any bond or tax measures	46879
or to apply other local resources to use to pay the cost of	46880
classroom facilities to be constructed under this section. The	46881
resolution may specify the application of local resources or	46882
elector-approved bond or tax measures after the resolution is	46883
adopted by the board, and in such case the board may proceed with	46884
a discrete portion of its project under this section as soon as	46885
the commission and the controlling board have approved the basic	46886
project cost of the district's classroom facilities needs as	46887
specified in division (D) of this section. The board shall submit	46888
its resolution to the commission not later than ten days after the	46889
date the resolution is adopted by the board.	46890

The commission shall not consider any resolution that is	46891
submitted pursuant to division (B)(2) of this section, as amended	46892
by this amendment, sooner than September 14, 2000.	46893

(3) For purposes of determining when a district that enters	46894
into an agreement under this section becomes eligible for	46895
assistance under sections 3318.01 to 3318.20 of the Revised Code	46896
or priority for assistance under section 3318.364 of the Revised	46897
Code, the commission shall use one of the following as applicable:	46898

(a) Except for a tangible personal property phase-out	46899
impacted district, the district's percentile ranking determined at	46900
the time the district entered into the agreement under this	46901
section, as prescribed by division (A)(2) of this section;	46902

(b) For a tangible personal property phase-out impacted	46903
district, the lesser of (i) the district's percentile ranking	46904
determined at the time the district entered into the agreement	46905
under this section, as prescribed by division (A)(2) of this	46906
section, or (ii) the district's current percentile ranking under	46907
section 3318.011 of the Revised Code.	46908

(4) Any project under this section shall comply with section	46909
3318.03 of the Revised Code and with any specifications for plans	46910
and materials for classroom facilities adopted by the commission	46911
under section 3318.04 of the Revised Code.	46912

(5) If a school district that enters into an agreement under	46913
this section has not begun a project applying local resources as	46914
provided for under that agreement at the time the district is	46915
notified by the commission that it is eligible to receive state	46916
assistance under sections 3318.01 to 3318.20 of the Revised Code,	46917
all assessment and agreement documents entered into under this	46918
section are void.	46919

(6) Only construction of or repairs to classroom facilities	46920
that have been approved by the commission and have been therefore	46921
included as part of a district's basic project cost qualify for	46922
application of local resources under this section.	46923

(C) Based on the results of on-site visits and assessment,	46924
the commission shall determine the basic project cost of the	46925
school district's classroom facilities needs. The commission shall	46926
determine the school district's portion of such basic project	46927
cost, which shall be the greater of:	46928

(1) The required percentage of the basic project costs,	46929
determined based on the school district's percentile ranking;	46930

(2) An amount necessary to raise the school district's net	46931
bonded indebtedness, as of the fiscal year the commission and the	46932
school district enter into the agreement under division (B) of	46933
this section, to within five thousand dollars of the required	46934
level of indebtedness.	46935

(D)(1) When the commission determines the basic project cost	46936
of the classroom facilities needs of a school district and the	46937
school district's portion of that basic project cost under	46938
division (C) of this section, the project shall be conditionally	46939
approved. Such conditional approval shall be submitted to the	46940
controlling board for approval thereof. The controlling board	46941
shall forthwith approve or reject the commission's determination,	46942
conditional approval, and the amount of the state's portion of the	46943
basic project cost; however, no state funds shall be encumbered	46944
under this section. Upon approval by the controlling board, the	46945
school district board may identify a discrete part of its	46946
classroom facilities needs, which shall include only new	46947
construction of or additions or major repairs to a particular	46948
building, to address with local resources. Upon identifying a part	46949
of the school district's basic project cost to address with local	46950
resources, the school district board may allocate any available	46951
school district moneys to pay the cost of that identified part,	46952
including the proceeds of an issuance of bonds if approved by the	46953
electors of the school district.	46954

All local resources utilized under this division shall first	46955
be deposited in the project construction account required under	46956
section 3318.08 of the Revised Code.	46957

(2) Unless the school district board exercises its option	46958
under division (D)(3) of this section, for a school district to	46959
qualify for participation in the program authorized under this	46960
section, one of the following conditions shall be satisfied:	46961

(a) The electors of the school district by a majority vote	46962
shall approve the levy of taxes outside the ten-mill limitation	46963
for a period of twenty-three years at the rate of not less than	46964
one-half mill for each dollar of valuation to be used to pay the	46965
cost of maintaining the classroom facilities included in the basic	46966
project cost as determined by the commission. The form of the	46967
ballot to be used to submit the question whether to approve the	46968
tax required under this division to the electors of the school	46969
district shall be the form for an additional levy of taxes	46970
prescribed in section 3318.361 of the Revised Code, which may be	46971
combined in a single ballot question with the questions prescribed	46972
under section 5705.218 of the Revised Code.	46973

(b) As authorized under division (C) of section 3318.05 of	46974
the Revised Code, the school district board shall earmark from the	46975
proceeds of a permanent improvement tax levied under section	46976
5705.21 of the Revised Code, an amount equivalent to the	46977
additional tax otherwise required under division (D)(2)(a) of this	46978
section for the maintenance of the classroom facilities included	46979
in the basic project cost as determined by the commission.	46980

(c) As authorized under section 3318.051 of the Revised Code,	46981
the school district board shall, if approved by the commission,	46982
annually transfer into the maintenance fund required under section	46983
3318.05 of the Revised Code the amount prescribed in section	46984
3318.051 of the Revised Code in lieu of the tax otherwise required	46985
under division (D)(2)(a) of this section for the maintenance of	46986
the classroom facilities included in the basic project cost as	46987
determined by the commission.	46988

(d) If the school district board has rescinded the agreement	46989
to make transfers under section 3318.051 of the Revised Code, as	46990
provided under division (F) of that section, the electors of the	46991
school district, in accordance with section 3318.063 of the	46992
Revised Code, first shall approve the levy of taxes outside the	46993
ten-mill limitation for the period specified in that section at a	46994
rate of not less than one-half mill for each dollar of valuation.	46995

(e) The school district board shall apply the proceeds of a	46996
tax to leverage bonds as authorized under section 3318.052 of the	46997
Revised Code or dedicate a local donated contribution in the	46998
manner described in division (B) of section 3318.084 of the	46999
Revised Code in an amount equivalent to the additional tax	47000
otherwise required under division (D)(2)(a) of this section for	47001
the maintenance of the classroom facilities included in the basic	47002
project cost as determined by the commission.	47003

(3) A school district board may opt to delay taking any of	47004
the actions described in division (D)(2) of this section until the	47005
school district becomes eligible for state assistance under	47006
sections 3318.01 to 3318.20 of the Revised Code. In order to	47007
exercise this option, the board shall certify to the commission a	47008
resolution indicating the board's intent to do so prior to	47009
entering into an agreement under division (B) of this section.	47010

(4) If pursuant to division (D)(3) of this section a district	47011
board opts to delay levying an additional tax until the district	47012
becomes eligible for state assistance, it shall submit the	47013
question of levying that tax to the district electors as follows:	47014

(a) In accordance with section 3318.06 of the Revised Code if	47015
it will also be necessary pursuant to division (E) of this section	47016
to submit a proposal for approval of a bond issue;	47017

(b) In accordance with section 3318.361 of the Revised Code	47018
if it is not necessary to also submit a proposal for approval of a	47019
bond issue pursuant to division (E) of this section.	47020

(5) No state assistance under sections 3318.01 to 3318.20 of	47021
the Revised Code shall be released until a school district board	47022
that adopts and certifies a resolution under division (D) of this	47023
section also demonstrates to the satisfaction of the commission	47024
compliance with the provisions of division (D)(2) of this section.	47025

Any amount required for maintenance under division (D)(2) of	47026
this section shall be deposited into a separate fund as specified	47027
in division (B) of section 3318.05 of the Revised Code.	47028

(E)(1) If the school district becomes eligible for state	47029
assistance under sections 3318.01 to 3318.20 of the Revised Code	47030
based on its percentile ranking under division (B)(3) of this	47031
section or is offered assistance under section 3318.364 of the	47032
Revised Code, the commission shall conduct a new assessment of the	47033
school district's classroom facilities needs and shall recalculate	47034
the basic project cost based on this new assessment. The basic	47035
project cost recalculated under this division shall include the	47036
amount of expenditures made by the school district board under	47037
division (D)(1) of this section. The commission shall then	47038
recalculate the school district's portion of the new basic project	47039
cost, which shall be one of the following as applicable:	47040

(a) Except for a tangible personal property phase-out	47041
impacted district, the percentage of the original basic project	47042
cost assigned to the school district as its portion under division	47043
(C) of this section;	47044

(b) For a tangible personal property phase-out impacted	47045
district, the lesser of (i) the percentage of the original basic	47046
project cost assigned to the school district as its portion under	47047
division (C) of this section, or (ii) the percentage of the new	47048
basic project cost determined under section 3318.032 of the	47049
Revised Code using the district's current percentile ranking under	47050
section 3318.011 of the Revised Code. ~~The~~	47051

The commission shall deduct the expenditure of school	47052
district moneys made under division (D)(1) of this section from	47053
the school district's portion of the basic project cost as	47054
recalculated under this division. If the amount of school district	47055
resources applied by the school district board to the school	47056
district's portion of the basic project cost under this section is	47057
less than the total amount of such portion as recalculated under	47058
this division, the school district board by a majority vote of all	47059
of its members shall, if it desires to seek state assistance under	47060
sections 3318.01 to 3318.20 of the Revised Code, adopt a	47061
resolution as specified in section 3318.06 of the Revised Code to	47062
submit to the electors of the school district the question of	47063
approval of a bond issue in order to pay any additional amount of	47064
school district portion required for state assistance. Any tax	47065
levy approved under division (D) of this section satisfies the	47066
requirements to levy the additional tax under section 3318.06 of	47067
the Revised Code.	47068

(2) If the amount of school district resources applied by the	47069
school district board to the school district's portion of the	47070
basic project cost under this section is more than the total	47071
amount of such portion as recalculated under ~~this~~ division (E)(1)	47072
of this section, within one year after the school district's	47073
portion is so recalculated ~~under division (E)(1) of this section~~	47074
the commission may grant to the school district the difference	47075
between the two calculated portions, but at no time shall the	47076
commission expend any state funds on a project in an amount	47077
greater than the state's portion of the basic project cost as	47078
recalculated under ~~this~~ division (E)(1) of this section.	47079

Any reimbursement under this division shall be only for local	47080
resources the school district has applied toward construction cost	47081
expenditures for the classroom facilities approved by the	47082
commission, which shall not include any financing costs associated	47083
with that construction.	47084

The school district board shall use any moneys reimbursed to	47085
the district under this division to pay off any debt service the	47086
district owes for classroom facilities constructed under its	47087
project under this section before such moneys are applied to any	47088
other purpose. However, the district board first may deposit	47089
moneys reimbursed under this division into the district's general	47090
fund or a permanent improvement fund to replace local resources	47091
the district withdrew from those funds, as long as, and to the	47092
extent that, those local resources were used by the district for	47093
constructing classroom facilities included in the district's basic	47094
project cost.	47095

(3) A tangible personal property phase-out impacted district	47096
shall receive credit under division (E) of this section for the	47097
expenditure of local resources pursuant to any prior agreement	47098
authorized by this section, notwithstanding any recalculation of	47099
its average taxable value.	47100

Sec. 3318.363. (A) This section applies beginning in fiscal	47101
year 2003 and only to a school district participating in the	47102
school building assistance expedited local partnership program	47103
under section 3318.36 of the Revised Code.	47104

(B) If there is a decrease in the tax valuation of a school	47105
district to which this section applies by ten per cent or greater	47106
from one tax year to the next due to a decrease in the assessment	47107
rate of the taxable property of an electric company that owns	47108
property in the district, as provided for in section 5727.111 of	47109
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	47110
General Assembly, the Ohio school facilities commission shall	47111
calculate or recalculate the state and school district portions of	47112
the basic project cost of the school district's project by	47113
determining the percentile rank in which the district would be	47114
located if such ranking were made using the adjusted valuation per	47115
pupil calculated under division (C) of this section rather than	47116
the three-year average adjusted valuation per pupil, calculated	47117
under division (B) of section 3318.011 of the Revised Code. For	47118
such district, the required percentage of the basic project cost	47119
used to determine the state and school district shares of that	47120
cost under division (C) of section 3318.36 of the Revised Code	47121
shall be based on the percentile rank as calculated under this	47122
section rather than as otherwise provided in division (C)(1) of	47123
section 3318.36 of the Revised Code. If the commission has	47124
determined the state and school district portion of the basic	47125
project cost of such a district's project under section 3318.36 of	47126
the Revised Code prior to that decrease in tax valuation, the	47127
commission shall adjust the state and school district shares of	47128
the basic project cost of such project in accordance with this	47129
section.	47130

(C)(1) As used in divisions (C) and (D) of this section,	47131
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	47132
the same meanings as in section 3317.02 of the Revised Code, and	47133
"income factor" has the same meaning as in section 3318.011 of the	47134
Revised Code.	47135

(2) The adjusted valuation per pupil for a school district to	47136
which this section applies shall be calculated using the following	47137
formula:	47138

(The district's total taxable value for the tax year	47139
preceding the calendar year in which the current fiscal year	47140
begins / the district's formula ADM for the previous fiscal year)	47141
- [$30,000 x (1 - the district's income factor)].	47142

(D) At the request of the Ohio school facilities commission,	47143
the department of education shall report a district's total	47144
taxable value for the tax year preceding the calendar year in	47145
which the current fiscal year begins for any district to which	47146
this section applies as that information has been certified to the	47147
department by the tax commissioner pursuant to section 3317.021 of	47148
the Revised Code.	47149

Sec. 3319.031. Notwithstanding any provision of the Revised	47150
Code to the contrary, if the board of education of a city, local,	47151
or exempted village school district does not appoint a business	47152
manager under section 3319.03 of the Revised Code, the board may	47153
assign powers and duties specified in section 3319.04 of the	47154
Revised Code to one or more employees or officers of the board,	47155
including the treasurer, and may give the employees or officers	47156
any title recognizing the assignment of the powers and duties. The	47157
prohibition, in section 3319.04 of the Revised Code, against a	47158
business manager having possession of moneys does not prevent a	47159
board from assigning powers and duties specified in that section	47160
to the treasurer and does not prevent a treasurer who is assigned	47161
those powers and duties from exercising the powers and duties of	47162
treasurer. If the board assigns the duties of a business manager	47163
under section 3319.04 of the Revised Code to the treasurer, the	47164
treasurer shall not have the authority to make recommendations to	47165
appoint or discharge noneducational employees, except as provided	47166
under section 3313.31 of the Revised Code. Instead, the district	47167
superintendent shall be responsible for making recommendations,	47168
subject to confirmation by the board, for the appointment or	47169
discharge of noneducational employees.	47170

Sec. 3319.07. (A) The board of education of each city,	47171
exempted village, local, and joint vocational school district	47172
shall employ the teachers of the public schools of their	47173
respective districts.	47174

The governing board of each educational service center may	47175
employ special instruction teachers, special education teachers,	47176
and teachers of academic courses in which there are too few	47177
students in each of the school districts entering into agreements	47178
pursuant to section 3313.843 of the Revised Code to warrant each	47179
district's employing teachers for those courses.	47180

When any board makes appointments of teachers, the teachers	47181
in the employ of the board shall be considered before new teachers	47182
are chosen in their stead. In all school districts and in service	47183
centers, no teacher shall be employed unless such person is	47184
nominated by the superintendent of such district or center, or by	47185
another individual designated by the board in the event that the	47186
superintendent's nomination would be a violation of section	47187
2921.42 of the Revised Code. Such board, by a three-fourths vote	47188
of its full membership, may re-employ any teacher whom the	47189
superintendent refuses to appoint.	47190

(B) The board of education of any school district may	47191
contract with the governing board of the educational service	47192
center from which it otherwise receives services to conduct	47193
searches and recruitment of candidates for teacher positions.	47194

Sec. 3319.073. (A) The board of education of each city and	47195
exempted village school district and the governing board of each	47196
educational service center shall adopt or adapt the curriculum	47197
developed by the department of education for, or shall develop in	47198
consultation with public or private agencies or persons involved	47199
in child abuse prevention or intervention programs, a program of	47200
in-service training in the prevention of child abuse, violence,	47201
and substance abuse and the promotion of positive youth	47202
development. Each person employed by any school district or	47203
service center to work in a school as a nurse, teacher, counselor,	47204
school psychologist, or administrator shall complete at least four	47205
hours of the in-service training within two years of commencing	47206
employment with the district or center, and every five years	47207
thereafter. A person who is employed by any school district or	47208
service center to work in an elementary school as a nurse,	47209
teacher, counselor, school psychologist, or administrator on March	47210
30, 2007, shall complete at least four hours of the in-service	47211
training not later than March 30, 2009, and every five years	47212
thereafter. A person who is employed by any school district or	47213
service center to work in a middle or high school as a nurse,	47214
teacher, counselor, school psychologist, or administrator on	47215
October 16, 2009, shall complete at least four hours of the	47216
in-service training not later than October 16, 2011, and every	47217
five years thereafter.	47218

(B) Each board shall incorporate training in school safety	47219
and violence prevention, including human trafficking content, into	47220
the in-service training required by division (A) of this section.	47221
For this purpose, the board shall adopt or adapt the curriculum	47222
developed by the department or shall develop its own curriculum in	47223
consultation with public or private agencies or persons involved	47224
in school safety and violence prevention programs.	47225

(C) Each board shall incorporate training on the board's	47226
harassment, intimidation, or bullying policy adopted under section	47227
3313.666 of the Revised Code into the in-service training required	47228
by division (A) of this section. Each board also shall incorporate	47229
training in the prevention of dating violence into the in-service	47230
training required by that division for middle and high school	47231
employees. The board shall develop its own curricula for these	47232
purposes.	47233

(D) Each board shall incorporate training in youth suicide	47234
awareness and prevention into the in-service training required by	47235
division (A) of this section for each person employed by a school	47236
district or service center to work in a school as a nurse,	47237
teacher, counselor, school psychologist, or administrator, and any	47238
other personnel that the board determines appropriate. For this	47239
purpose, the board shall adopt or adapt the curriculum developed	47240
by the department or shall develop its own curriculum in	47241
consultation with public or private agencies or persons involved	47242
in youth suicide awareness and prevention programs.	47243

The training completed under this division shall count toward	47244
the satisfaction of requirements for professional development	47245
required by the school district or service center board, and the	47246
training may be accomplished through self-review of suitable	47247
suicide prevention materials approved by the board.	47248

Sec. 3319.17. (A) As used in this section, "interdistrict	47249
contract" means any contract or agreement entered into by an	47250
educational service center governing board and another board or	47251
other public entity pursuant to section 3313.17, 3313.841,	47252
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	47253
Revised Code, including any such contract or agreement for the	47254
provision of services funded under division (E) of section	47255
3317.024 of the Revised Code ~~or provided in any unit approved~~	47256
~~under section 3317.05 of the Revised Code~~.	47257

(B) When, for any of the following reasons that apply to any	47258
city, exempted village, local, or joint vocational school district	47259
or any educational service center, the board decides that it will	47260
be necessary to reduce the number of teachers it employs, it may	47261
make a reasonable reduction:	47262

(1) In the case of any district or service center, return to	47263
duty of regular teachers after leaves of absence including	47264
suspension of schools, territorial changes affecting the district	47265
or center, or financial reasons;	47266

(2) In the case of any city, exempted village, local, or	47267
joint vocational school district, decreased enrollment of pupils	47268
in the district;	47269

(3) In the case of any governing board of a service center	47270
providing any particular service directly to pupils pursuant to	47271
one or more interdistrict contracts requiring such service,	47272
reduction in the total number of pupils the governing board is	47273
required to provide with the service under all interdistrict	47274
contracts as a result of the termination or nonrenewal of one or	47275
more of these interdistrict contracts;	47276

(4) In the case of any governing board providing any	47277
particular service that it does not provide directly to pupils	47278
pursuant to one or more interdistrict contracts requiring such	47279
service, reduction in the total level of the service the governing	47280
board is required to provide under all interdistrict contracts as	47281
a result of the termination or nonrenewal of one or more of these	47282
interdistrict contracts.	47283

(C) In making any such reduction, any city, exempted village,	47284
local, or joint vocational school board shall proceed to suspend	47285
contracts in accordance with the recommendation of the	47286
superintendent of schools who shall, within each teaching field	47287
affected, give preference to teachers on continuing contracts. The	47288
board shall not give preference to any teacher based on seniority,	47289
except when making a decision between teachers who have comparable	47290
evaluations.	47291

On a case-by-case basis, in lieu of suspending a contract in	47292
whole, a board may suspend a contract in part, so that an	47293
individual is required to work a percentage of the time the	47294
employee otherwise is required to work under the contract and	47295
receives a commensurate percentage of the full compensation the	47296
employee otherwise would receive under the contract.	47297

The teachers whose continuing contracts are suspended by any	47298
board pursuant to this section shall have the right of restoration	47299
to continuing service status by that board if and when teaching	47300
positions become vacant or are created for which any of such	47301
teachers are or become qualified. No teacher whose continuing	47302
contract has been suspended pursuant to this section shall lose	47303
that right of restoration to continuing service status by reason	47304
of having declined recall to a position that is less than	47305
full-time or, if the teacher was not employed full-time just prior	47306
to suspension of the teacher's continuing contract, to a position	47307
requiring a lesser percentage of full-time employment than the	47308
position the teacher last held while employed in the district or	47309
service center. Seniority shall not be the basis for rehiring a	47310
teacher, except when making a decision between teachers who have	47311
comparable evaluations.	47312

(D) Notwithstanding any provision to the contrary in Chapter	47313
4117. of the Revised Code:	47314

(1) The requirements of this section, as it existed prior to	47315
~~the effective date of this amendment~~September 29, 2011, prevail	47316
over any conflicting provisions of agreements between employee	47317
organizations and public employers entered into between September	47318
29, 2005, and ~~that effective date~~September 29, 2011;	47319

(2) The requirements of this section, as it exists on and	47320
after ~~the effective date of this amendment~~September 29, 2011,	47321
prevail over any conflicting provisions of agreements between	47322
employee organizations and public employers entered into on or	47323
after ~~that effective date~~September 29, 2011.	47324

Sec. 3319.22. (A)(1) The state board of education shall	47325
issue the following educator licenses:	47326

(a) A resident educator license, which shall be valid for	47327
four years, except that the state board, on a case-by-case basis,	47328
may extend the license's duration as necessary to enable the	47329
license holder to complete the Ohio teacher residency program	47330
established under section 3319.223 of the Revised Code;	47331

(b) A professional educator license, which shall be valid for	47332
five years and shall be renewable;	47333

(c) A senior professional educator license, which shall be	47334
valid for five years and shall be renewable;	47335

(d) A lead professional educator license, which shall be	47336
valid for five years and shall be renewable.	47337

(2) The state board may issue any additional educator	47338
licenses of categories, types, and levels the board elects to	47339
provide.	47340

(3) The state board shall adopt rules establishing the	47341
standards and requirements for obtaining each educator license	47342
issued under this section.	47343

(B) The rules adopted under this section shall require at	47344
least the following standards and qualifications for the educator	47345
licenses described in division (A)(1) of this section:	47346

(1) An applicant for a resident educator license shall hold	47347
at least a bachelor's degree from an accredited teacher	47348
preparation program or be a participant in the teach for America	47349
program and meet the qualifications required under section	47350
3319.227 of the Revised Code.	47351

(2) An applicant for a professional educator license shall:

47352

(a) Hold at least a bachelor's degree from an institution of	47353
higher education accredited by a regional accrediting	47354
organization;	47355

(b) Have successfully completed the Ohio teacher residency	47356
program established under section 3319.223 of the Revised Code, if	47357
the applicant's current or most recently issued license is a	47358
resident educator license issued under this section or an	47359
alternative resident educator license issued under section 3319.26	47360
of the Revised Code.	47361

(3) An applicant for a senior professional educator license	47362
shall:	47363

(a) Hold at least a master's degree from an institution of	47364
higher education accredited by a regional accrediting	47365
organization;	47366

(b) Have previously held a professional educator license	47367
issued under this section or section 3319.222 or under former	47368
section 3319.22 of the Revised Code;	47369

(c) Meet the criteria for the accomplished or distinguished	47370
level of performance, as described in the standards for teachers	47371
adopted by the state board under section 3319.61 of the Revised	47372
Code.	47373

(4) An applicant for a lead professional educator license	47374
shall:	47375

(a) Hold at least a master's degree from an institution of	47376
higher education accredited by a regional accrediting	47377
organization;	47378

(b) Have previously held a professional educator license or a	47379
senior professional educator license issued under this section or	47380
a professional educator license issued under section 3319.222 or	47381
former section 3319.22 of the Revised Code;	47382

(c) Meet the criteria for the distinguished level of	47383
performance, as described in the standards for teachers adopted by	47384
the state board under section 3319.61 of the Revised Code;	47385

(d) Either hold a valid certificate issued by the national	47386
board for professional teaching standards or meet the criteria for	47387
a master teacher or other criteria for a lead teacher adopted by	47388
the educator standards board under division (F)(4) or (5) of	47389
section 3319.61 of the Revised Code.	47390

(C) The state board shall align the standards and	47391
qualifications for obtaining a principal license with the	47392
standards for principals adopted by the state board under section	47393
3319.61 of the Revised Code.	47394

(D) If the state board requires any examinations for educator	47395
licensure, the department of education shall provide the results	47396
of such examinations received by the department to the chancellor	47397
of the Ohio board of regents, in the manner and to the extent	47398
permitted by state and federal law.	47399

(E) Any rules the state board of education adopts, amends, or	47400
rescinds for educator licenses under this section, division (D) of	47401
section 3301.07 of the Revised Code, or any other law shall be	47402
adopted, amended, or rescinded under Chapter 119. of the Revised	47403
Code except as follows:	47404

(1) Notwithstanding division (D) of section 119.03 and	47405
division (A)(1) of section 119.04 of the Revised Code, in the case	47406
of the adoption of any rule or the amendment or rescission of any	47407
rule that necessitates institutions' offering preparation programs	47408
for educators and other school personnel that are approved by the	47409
chancellor of the Ohio board of regents under section 3333.048 of	47410
the Revised Code to revise the curriculum of those programs, the	47411
effective date shall not be as prescribed in division (D) of	47412
section 119.03 and division (A)(1) of section 119.04 of the	47413
Revised Code. Instead, the effective date of such rules, or the	47414
amendment or rescission of such rules, shall be the date	47415
prescribed by section 3333.048 of the Revised Code.	47416

(2) Notwithstanding the authority to adopt, amend, or rescind	47417
emergency rules in division (F) of section 119.03 of the Revised	47418
Code, this authority shall not apply to the state board of	47419
education with regard to rules for educator licenses.	47420

(F)(1) The rules adopted under this section establishing	47421
standards requiring additional coursework for the renewal of any	47422
educator license shall require a school district and a chartered	47423
nonpublic school to establish local professional development	47424
committees. In a nonpublic school, the chief administrative	47425
officer shall establish the committees in any manner acceptable to	47426
such officer. The committees established under this division shall	47427
determine whether coursework that a district or chartered	47428
nonpublic school teacher proposes to complete meets the	47429
requirement of the rules. The department of education shall	47430
provide technical assistance and support to committees as the	47431
committees incorporate the professional development standards	47432
adopted by the state board of education pursuant to section	47433
3319.61 of the Revised Code into their review of coursework that	47434
is appropriate for license renewal. The rules shall establish a	47435
procedure by which a teacher may appeal the decision of a local	47436
professional development committee.	47437

(2) In any school district in which there is no exclusive	47438
representative established under Chapter 4117. of the Revised	47439
Code, the professional development committees shall be established	47440
as described in division (F)(2) of this section.	47441

Not later than the effective date of the rules adopted under	47442
this section, the board of education of each school district shall	47443
establish the structure for one or more local professional	47444
development committees to be operated by such school district. The	47445
committee structure so established by a district board shall	47446
remain in effect unless within thirty days prior to an anniversary	47447
of the date upon which the current committee structure was	47448
established, the board provides notice to all affected district	47449
employees that the committee structure is to be modified.	47450
Professional development committees may have a district-level or	47451
building-level scope of operations, and may be established with	47452
regard to particular grade or age levels for which an educator	47453
license is designated.	47454

Each professional development committee shall consist of at	47455
least three classroom teachers employed by the district, one	47456
principal employed by the district, and one other employee of the	47457
district appointed by the district superintendent. For committees	47458
with a building-level scope, the teacher and principal members	47459
shall be assigned to that building, and the teacher members shall	47460
be elected by majority vote of the classroom teachers assigned to	47461
that building. For committees with a district-level scope, the	47462
teacher members shall be elected by majority vote of the classroom	47463
teachers of the district, and the principal member shall be	47464
elected by a majority vote of the principals of the district,	47465
unless there are two or fewer principals employed by the district,	47466
in which case the one or two principals employed shall serve on	47467
the committee. If a committee has a particular grade or age level	47468
scope, the teacher members shall be licensed to teach such grade	47469
or age levels, and shall be elected by majority vote of the	47470
classroom teachers holding such a license and the principal shall	47471
be elected by all principals serving in buildings where any such	47472
teachers serve. The district superintendent shall appoint a	47473
replacement to fill any vacancy that occurs on a professional	47474
development committee, except in the case of vacancies among the	47475
elected classroom teacher members, which shall be filled by vote	47476
of the remaining members of the committee so selected.	47477

Terms of office on professional development committees shall	47478
be prescribed by the district board establishing the committees.	47479
The conduct of elections for members of professional development	47480
committees shall be prescribed by the district board establishing	47481
the committees. A professional development committee may include	47482
additional members, except that the majority of members on each	47483
such committee shall be classroom teachers employed by the	47484
district. Any member appointed to fill a vacancy occurring prior	47485
to the expiration date of the term for which a predecessor was	47486
appointed shall hold office as a member for the remainder of that	47487
term.	47488

The initial meeting of any professional development	47489
committee, upon election and appointment of all committee members,	47490
shall be called by a member designated by the district	47491
superintendent. At this initial meeting, the committee shall	47492
select a chairperson and such other officers the committee deems	47493
necessary, and shall adopt rules for the conduct of its meetings.	47494
Thereafter, the committee shall meet at the call of the	47495
chairperson or upon the filing of a petition with the district	47496
superintendent signed by a majority of the committee members	47497
calling for the committee to meet.	47498

(3) In the case of a school district in which an exclusive	47499
representative has been established pursuant to Chapter 4117. of	47500
the Revised Code, professional development committees shall be	47501
established in accordance with any collective bargaining agreement	47502
in effect in the district that includes provisions for such	47503
committees.	47504

If the collective bargaining agreement does not specify a	47505
different method for the selection of teacher members of the	47506
committees, the exclusive representative of the district's	47507
teachers shall select the teacher members.	47508

If the collective bargaining agreement does not specify a	47509
different structure for the committees, the board of education of	47510
the school district shall establish the structure, including the	47511
number of committees and the number of teacher and administrative	47512
members on each committee; the specific administrative members to	47513
be part of each committee; whether the scope of the committees	47514
will be district levels, building levels, or by type of grade or	47515
age levels for which educator licenses are designated; the lengths	47516
of terms for members; the manner of filling vacancies on the	47517
committees; and the frequency and time and place of meetings.	47518
However, in all cases, except as provided in division (F)(4) of	47519
this section, there shall be a majority of teacher members of any	47520
professional development committee, there shall be at least five	47521
total members of any professional development committee, and the	47522
exclusive representative shall designate replacement members in	47523
the case of vacancies among teacher members, unless the collective	47524
bargaining agreement specifies a different method of selecting	47525
such replacements.	47526

(4) Whenever an administrator's coursework plan is being	47527
discussed or voted upon, the local professional development	47528
committee shall, at the request of one of its administrative	47529
members, cause a majority of the committee to consist of	47530
administrative members by reducing the number of teacher members	47531
voting on the plan.	47532

(G)(1) The department of education, educational service	47533
centers, county boards of developmental disabilities, regional	47534
professional development centers, special education regional	47535
resource centers, college and university departments of education,	47536
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	47537
education computer network may establish local professional	47538
development committees to determine whether the coursework	47539
proposed by their employees who are licensed or certificated under	47540
this section or section 3319.222 of the Revised Code, or under the	47541
former version of either section as it existed prior to October	47542
16, 2009, meet the requirements of the rules adopted under this	47543
section. They may establish local professional development	47544
committees on their own or in collaboration with a school district	47545
or other agency having authority to establish them.	47546

Local professional development committees established by	47547
county boards of developmental disabilities shall be structured in	47548
a manner comparable to the structures prescribed for school	47549
districts in divisions (F)(2) and (3) of this section, as shall	47550
the committees established by any other entity specified in	47551
division (G)(1) of this section that provides educational services	47552
by employing or contracting for services of classroom teachers	47553
licensed or certificated under this section or section 3319.222 of	47554
the Revised Code, or under the former version of either section as	47555
it existed prior to October 16, 2009. All other entities specified	47556
in division (G)(1) of this section shall structure their	47557
committees in accordance with guidelines which shall be issued by	47558
the state board.	47559

(2) Any public agency that is not specified in division	47560
(G)(1) of this section but provides educational services and	47561
employs or contracts for services of classroom teachers licensed	47562
or certificated under this section or section 3319.222 of the	47563
Revised Code, or under the former version of either section as it	47564
existed prior to October 16, 2009, may establish a local	47565
professional development committee, subject to the approval of the	47566
department of education. The committee shall be structured in	47567
accordance with guidelines issued by the state board.	47568

Sec. 3319.235. (A) The standards for the preparation of	47569
teachers adopted under section 3333.048 of the Revised Code shall	47570
require any institution that provides a course of study for the	47571
training of teachers to ensure that graduates of such course of	47572
study are skilled at integrating educational technology in the	47573
instruction of children, as evidenced by the graduate having	47574
either demonstrated proficiency in such skills in a manner	47575
prescribed by the department of education or completed a course	47576
that includes training in such skills.	47577

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	47578
regents, in consultation with the department of education, shall	47579
establish model professional development programs to assist	47580
teachers who completed their teacher preparation prior to the	47581
effective date of division (A) of this section to become skilled	47582
at integrating educational technology in the instruction of	47583
children. The ~~commission~~chancellor shall provide technical	47584
assistance to school districts wishing to establish such programs.	47585

Sec. 3319.57. (A) A grant program is hereby established	47586
under which the department of education shall award grants to	47587
assist certain schools in a city, exempted village, local, or	47588
joint vocational school district in implementing one of the	47589
following innovations:	47590

(1) The use of instructional specialists to mentor and	47591
support classroom teachers;	47592

(2) The use of building managers to supervise the	47593
administrative functions of school operation so that a school	47594
principal can focus on supporting instruction, providing	47595
instructional leadership, and engaging teachers as part of the	47596
instructional leadership team;	47597

(3) The reconfiguration of school leadership structure in a	47598
manner that allows teachers to serve in leadership roles so that	47599
teachers may share the responsibility for making and implementing	47600
school decisions;	47601

(4) The adoption of new models for restructuring the school	47602
day or school year, such as including teacher planning and	47603
collaboration time as part of the school day;	47604

(5) The creation of smaller schools or smaller units within	47605
larger schools for the purpose of facilitating teacher	47606
collaboration to improve and advance the professional practice of	47607
teaching;	47608

(6) The implementation of "grow your own" recruitment	47609
strategies that are designed to assist individuals who show a	47610
commitment to education become licensed teachers, to assist	47611
experienced teachers obtain licensure in subject areas for which	47612
there is need, and to assist teachers in becoming principals;	47613

(7) The provision of better conditions for new teachers, such	47614
as reduced teaching load and reduced class size;	47615

(8) The provision of incentives to attract qualified	47616
mathematics, science, or special education teachers;	47617

(9) The development and implementation of a partnership with	47618
teacher preparation programs at colleges and universities to help	47619
attract teachers qualified to teach in shortage areas;	47620

(10) The implementation of a program to increase the cultural	47621
competency of both new and veteran teachers;	47622

(11) The implementation of a program to increase the subject	47623
matter competency of veteran teachers.	47624

(B) To qualify for a grant to implement one of the	47625
innovations described in division (A) of this section, a school	47626
must meet both of the following criteria:	47627

(1) Be hard to staff, as defined by the department.

47628

(2) Use existing school district funds for the implementation	47629
of the innovation in an amount equal to the grant amount	47630
multiplied by (1 - the district's state share ~~percentage~~index for	47631
the fiscal year in which the grant is awarded).	47632

For purposes of division (B)(2) of this section, "state share	47633
~~percentage~~index" has the same meaning as in section 3317.02 of	47634
the Revised Code.	47635

(C) The amount and number of grants awarded under this	47636
section shall be determined by the department based on any	47637
appropriations made by the general assembly for grants under this	47638
section.	47639

(D) The state board of education shall adopt rules for the	47640
administration of this grant program.	47641

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	47642
"guardian," or "other person having charge or care of a child"	47643
means either parent unless the parents are separated or divorced	47644
or their marriage has been dissolved or annulled, in which case	47645
"parent" means the parent who is the residential parent and legal	47646
custodian of the child. If the child is in the legal or permanent	47647
custody of a person or government agency, "parent" means that	47648
person or government agency. When a child is a resident of a home,	47649
as defined in section 3313.64 of the Revised Code, and the child's	47650
parent is not a resident of this state, "parent," "guardian," or	47651
"other person having charge or care of a child" means the head of	47652
the home.	47653

A child between six and eighteen years of age is "of	47654
compulsory school age" for the purpose of sections 3321.01 to	47655
3321.13 of the Revised Code. A child under six years of age who	47656
has been enrolled in kindergarten also shall be considered "of	47657
compulsory school age" for the purpose of sections 3321.01 to	47658
3321.13 of the Revised Code unless at any time the child's parent	47659
or guardian, at the parent's or guardian's discretion and in	47660
consultation with the child's teacher and principal, formally	47661
withdraws the child from kindergarten. The compulsory school age	47662
of a child shall not commence until the beginning of the term of	47663
such schools, or other time in the school year fixed by the rules	47664
of the board of the district in which the child resides.	47665

(2) No child shall be admitted to a kindergarten or a first	47666
grade of a public school in a district in which all children are	47667
admitted to kindergarten and the first grade in August or	47668
September unless the child is five or six years of age,	47669
respectively, by the thirtieth day of September of the year of	47670
admittance, or by the first day of a term or semester other than	47671
one beginning in August or September in school districts granting	47672
admittance at the beginning of such term or semester, unless the	47673
child has been recommended for early admittance in accordance with	47674
the district's acceleration policy adopted under section 3324.10	47675
of the Revised Code. A child who does not meet the age requirement	47676
for admittance to kindergarten or first grade shall be evaluated	47677
for early admittance upon referral by the child's parent or	47678
guardian, an educator employed by the district, a preschool	47679
educator who knows the child, or a pediatrician or psychologist	47680
who knows the child.	47681

(3) Notwithstanding division (A)(2) of this section,	47682
beginning with the school year that starts in 2001 and continuing	47683
thereafter the board of education of any district may adopt a	47684
resolution establishing the first day of August in lieu of the	47685
thirtieth day of September as the required date by which students	47686
must have attained the age specified in that division.	47687

(4) After a student has been admitted to kindergarten in a	47688
school district or chartered nonpublic school, no board of	47689
education of a school district to which the student transfers	47690
shall deny that student admission based on the student's age.	47691

(B) As used in division (C) of this section, "successfully	47692
completed kindergarten" means that the child has completed the	47693
kindergarten requirements at one of the following:	47694

(1) A public or chartered nonpublic school;

47695

(2) A kindergarten class that is both of the following:

47696

(a) Offered by a day-care provider licensed under Chapter	47697
5104. of the Revised Code;	47698

(b) If offered after July 1, 1991, is directly taught by a	47699
teacher who holds one of the following:	47700

(i) A valid educator license issued under section 3319.22 of	47701
the Revised Code;	47702

(ii) A Montessori preprimary credential or age-appropriate	47703
diploma granted by the American Montessori society or the	47704
association Montessori internationale;	47705

(iii) Certification determined under division (F) of this	47706
section to be equivalent to that described in division	47707
(B)(2)(b)(ii) of this section;	47708

(iv) Certification for teachers in nontax-supported schools	47709
pursuant to section 3301.071 of the Revised Code.	47710

(C) Except as provided in division (A)(2) of this section, no	47711
school district shall admit to the first grade any child who has	47712
not successfully completed kindergarten.	47713

(D) The scheduling of times for kindergarten classes and	47714
length of the school day for kindergarten shall be determined by	47715
the board of education of a city, exempted village, or local	47716
school district.	47717

(E) Any kindergarten class offered by a day-care provider or	47718
school described by division (B)(1) or (B)(2)(a) of this section	47719
shall be developmentally appropriate.	47720

(F) Upon written request of a day-care provider described by	47721
division (B)(2)(a) of this section, the department of education	47722
shall determine whether certification held by a teacher employed	47723
by the provider meets the requirement of division (B)(2)(b)(iii)	47724
of this section and, if so, shall furnish the provider a statement	47725
to that effect.	47726

(G) As used in this division, "all-day kindergarten" has the	47727
same meaning as in section 3321.05 of the Revised Code.	47728

(1) Any school district that did not receive for fiscal year	47729
2009 poverty-based assistance for all-day kindergarten under	47730
division (D) of former section 3317.029 of the Revised Code may	47731
charge fees or tuition for students enrolled in all-day	47732
kindergarten. If a district charges fees or tuition for all-day	47733
kindergarten under this division, the district shall develop a	47734
sliding fee scale based on family incomes.	47735

(2) The department of education shall conduct an annual	47736
survey of each school district described in division (G)(1) of	47737
this section to determine the following:	47738

(a) Whether the district charges fees or tuition for students	47739
enrolled in all-day kindergarten;	47740

(b) The amount of the fees or tuition charged;

47741

(c) How many of the students for whom tuition is charged are	47742
eligible for free lunches under the "National School Lunch Act,"	47743
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	47744
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	47745
and how many of the students for whom tuition is charged are	47746
eligible for reduced price lunches under those acts;	47747

(d) How many students are enrolled in traditional half-day	47748
kindergarten rather than all-day kindergarten.	47749

Each district shall report to the department, in the manner	47750
prescribed by the department, the information described in	47751
divisions (G)(2)(a) to (d) of this section.	47752

The department shall issue an annual report on the results of	47753
the survey and shall post the report on its web site. The	47754
department shall issue the first report not later than April 30,	47755
2008, and shall issue a report not later than the thirtieth day of	47756
April each year thereafter.	47757

Sec. 3321.05. (A) As used in this section, "all-day	47758
kindergarten" means a kindergarten class that is in session ~~five~~	47759
~~days per week~~ for not less than the same number of clock hours	47760
each ~~day~~week as for students in grades one through six.	47761

(B) Any school district may operate all-day kindergarten or	47762
extended kindergarten, but no district shall require any student	47763
to attend kindergarten for more than the number of clock hours	47764
required each day for traditional kindergarten by the minimum	47765
standards adopted under division (D) of section 3301.07 of the	47766
Revised Code. Each school district that operates all-day or	47767
extended kindergarten shall accommodate kindergarten students	47768
whose parents or guardians elect to enroll them for the minimum	47769
number of hours.	47770

(C) A school district may use space in child day-care centers	47771
licensed under Chapter 5104. of the Revised Code to provide	47772
all-day kindergarten under this section.	47773

Sec. 3323.021. As used in this section, "participating	47774
county DD board" means a county board of developmental	47775
disabilities electing to participate in the provision of or	47776
contracting for educational services for children under division	47777
(D) of section 5126.05 of the Revised Code.	47778

(A) When a school district, educational service center, or	47779
participating county DD board enters into an agreement or contract	47780
with another school district, educational service center, or	47781
participating county DD board to provide educational services to a	47782
disabled child during a school year, both of the following shall	47783
apply:	47784

(1) Beginning with fiscal year 1999, if the provider of the	47785
services intends to increase the amount it charges for some or all	47786
of those services during the next school year or if the provider	47787
intends to cease offering all or part of those services during the	47788
next school year, the provider shall notify the entity for which	47789
the services are provided of these intended changes no later than	47790
the first day of March of the current fiscal year.	47791

(2) Beginning with fiscal year 1999, if the entity for which	47792
services are provided intends to cease obtaining those services	47793
from the provider for the next school year or intends to change	47794
the type or amount of services it obtains from the provider for	47795
the next school year, the entity shall notify the service provider	47796
of these intended changes no later than the first day of March of	47797
the current fiscal year.	47798

(B) School districts, educational service centers,	47799
participating county DD boards, and other applicable governmental	47800
entities shall collaborate where possible to maximize federal	47801
sources of revenue to provide additional funds for special	47802
education related services for disabled children. Annually, each	47803
school district shall report to the department of education any	47804
amounts of ~~money~~such federal revenue the district received	47805
~~through such medical assistance program~~.	47806

(C) The state board of education, the department of	47807
developmental disabilities, and the department of ~~job and family~~	47808
~~services~~medicaid shall develop working agreements for pursuing	47809
additional funds for services for disabled children.	47810

Sec. 3323.03. The state board of education shall, in	47811
consultation with the department of health, the department of	47812
~~mental health~~mental health and addiction services, and the	47813
department of developmental disabilities, establish standards and	47814
procedures for the identification, location, and evaluation of all	47815
children with disabilities residing in the state, including	47816
children with disabilities who are homeless children or are wards	47817
of the state and children with disabilities attending nonpublic	47818
schools, regardless of the severity of their disabilities, and who	47819
are in need of special education and related services. The state	47820
board shall develop and implement a practical method to determine	47821
which children with disabilities are currently receiving needed	47822
special education and related services.	47823

In conducting the evaluation, the board of education of each	47824
school district shall use a variety of assessment tools and	47825
strategies to gather relevant functional, developmental, and	47826
academic information about the child, including information	47827
provided by the child's parent. The board of education of each	47828
school district, in consultation with the county DD board, the	47829
county family and children first council, and the board of	47830
alcohol, drug addiction, and mental health services of each county	47831
in which the school district has territory, shall identify,	47832
locate, and evaluate all children with disabilities residing	47833
within the district to determine which children with disabilities	47834
are not receiving appropriate special education and related	47835
services. In addition, the board of education of each school	47836
district, in consultation with such county boards or council,	47837
shall identify, locate, and evaluate all children with	47838
disabilities who are enrolled by their parents in nonpublic	47839
elementary and secondary schools located within the public school	47840
district, without regard to where those children reside in	47841
accordance with rules of the state board of education or	47842
guidelines of the superintendent of public instruction.	47843

Each county DD board, county family and children first	47844
council, and board of alcohol, drug addiction, and mental health	47845
services and the board's or council's contract agencies may	47846
transmit to boards of education the names and addresses of	47847
children with disabilities who are not receiving appropriate	47848
special education and related services.	47849

Sec. 3323.04. The state board of education, in consultation	47850
with the department of ~~mental health~~mental health and addiction	47851
services and the department of developmental disabilities, shall	47852
establish procedures and standards for the development of	47853
individualized education programs for children with disabilities.	47854

The state board shall require the board of education of each	47855
school district to develop an individualized education program for	47856
each child with a disability who is at least three years of age	47857
and less than twenty-two years of age residing in the district in	47858
a manner that is in accordance with rules of the state board.	47859

Prior to the placement of a child with a disability in a	47860
program operated under section 3323.09 of the Revised Code, the	47861
district board of education shall consult the county DD board of	47862
the county in which the child resides regarding the proposed	47863
placement.	47864

A child with a disability enrolled in a nonpublic school or	47865
facility shall be provided special education and related services,	47866
in accordance with an individualized education program, at no cost	47867
for those services, if the child is placed in, or referred to,	47868
that nonpublic school or facility by the department of education	47869
or a school district.	47870

The IEP team shall review the individualized education	47871
program of each child with a disability periodically, but at least	47872
annually, to determine whether the annual goals for the child are	47873
being achieved, and shall revise the individualized education	47874
program as appropriate.	47875

The state board shall establish procedures and standards to	47876
assure that to the maximum extent appropriate, children with	47877
disabilities, including children in public or private institutions	47878
or other care facilities, shall be educated with children who are	47879
not disabled. Special classes, separate schools, or other removal	47880
of children with disabilities from the regular educational	47881
environment shall be used only when the nature or severity of a	47882
child's disability is such that education in regular classes with	47883
supplementary aids and services cannot be achieved satisfactorily.	47884

If an agency directly affected by a placement decision	47885
objects to such decision, an impartial hearing officer, appointed	47886
by the department of education from a list prepared by the	47887
department, shall conduct a hearing to review the placement	47888
decision. The agencies that are parties to a hearing shall divide	47889
the costs of such hearing equally. The decision of the hearing	47890
officer shall be final, except that any party to the hearing who	47891
is aggrieved by the findings or the decision of the hearing	47892
officer may appeal the findings or decision in accordance with	47893
division (H) of section 3323.05 of the Revised Code or the parent	47894
of any child affected by such decision may present a complaint in	47895
accordance with that section.	47896

Sec. 3323.07. The state board of education shall authorize	47897
the establishment and maintenance of special education and related	47898
services for all children with disabilities who are at least three	47899
years of age and less than twenty-two years of age, including	47900
children with disabilities who have been suspended or expelled	47901
from school, and may authorize special education and related	47902
services for children with disabilities who are less than three	47903
years of age in accordance with rules adopted by the state board.	47904
The state board shall require the boards of education of school	47905
districts, shall authorize the department of ~~mental health~~mental	47906
health and addiction services and the department of developmental	47907
disabilities, and may authorize any other educational agency, to	47908
establish and maintain such special education and related services	47909
in accordance with standards adopted by the state board.	47910

Sec. 3323.08. (A) Each school district shall submit a plan	47911
to the superintendent of public instruction that provides	47912
assurances that the school district will provide for the education	47913
of children with disabilities within its jurisdiction and has in	47914
effect policies, procedures, and programs that are consistent with	47915
the policies and procedures adopted by the state board of	47916
education in accordance with section 612 of the "Individuals with	47917
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	47918
and that meet the conditions applicable to school districts under	47919
section 613 of that act, 20 U.S.C. 1413.	47920

Each district's plan shall do all of the following:

47921

(1) Provide, as specified in section 3323.11 of the Revised	47922
Code and in accordance with standards established by the state	47923
board, for an organizational structure and necessary and qualified	47924
staffing and supervision for the identification of and provision	47925
of special education and related services for children with	47926
disabilities;	47927

(2) Provide, as specified by section 3323.03 of the Revised	47928
Code and in accordance with standards established by the state	47929
board, for the identification, location, and evaluation of all	47930
children with disabilities residing in the district, including	47931
children with disabilities who are homeless children or are wards	47932
of the state and children with disabilities attending private	47933
schools and who are in need of special education and related	47934
services. A practical method shall be developed and implemented to	47935
determine which children with disabilities are currently receiving	47936
needed special education and related services.	47937

(3) Provide, as specified by section 3323.07 of the Revised	47938
Code and standards established by the state board, for the	47939
establishment and maintenance of special education and related	47940
services for children with disabilities who are at least three	47941
years of age and less than twenty-two years of age, including	47942
children with disabilities who have been suspended or expelled	47943
from school.	47944

(4) Provide, as specified by section 3323.04 of the Revised	47945
Code and in accordance with standards adopted by the state board,	47946
for an individualized education program for each child with a	47947
disability who is at least three years of age and less than	47948
twenty-two years of age residing within the district;	47949

(5) Provide, as specified by section 3323.02 of the Revised	47950
Code and in accordance with standards established by the state	47951
board, for special education and related services and a free	47952
appropriate public education for every child with a disability who	47953
is at least three years of age and less than twenty-two years of	47954
age, including children with disabilities who have been suspended	47955
or expelled from school;	47956

(6) Provide procedural safeguards and prior written notice as	47957
required under section 3323.05 of the Revised Code and the	47958
standards established by the state board;	47959

(7) Outline the steps that have been or are being taken to	47960
comply with standards established by the state board.	47961

(B)(1) A school district may arrange, by a cooperative	47962
agreement or contract with one or more school districts or with a	47963
cooperative education or joint vocational school district or an	47964
educational service center, to provide for the identification,	47965
location, and evaluation of children with disabilities, and to	47966
provide special education and related services for such children	47967
that meet the standards established by the state board. A school	47968
district may arrange, by a cooperative agreement or contract, for	47969
the provision of related services for children with disabilities	47970
that meet the standards established by the state board.	47971

(2) A school district shall arrange by interagency agreement	47972
with one or more school districts or with a cooperative education	47973
or joint vocational school district or an educational service	47974
center or other providers of early learning services to provide	47975
for the identification, location, evaluation of children with	47976
disabilities of ages birth through five years of age and for the	47977
transition of children with disabilities at age three in	47978
accordance with the standards established by the state board. A	47979
school district may arrange by interagency agreement with	47980
providers of early learning services to provide special education	47981
and related services for such children that meet the standards	47982
established by the state board.	47983

(3) If at the time an individualized education program is	47984
developed for a child a school district is not providing special	47985
education and related services required by that individualized	47986
education program, the school district may arrange by contract	47987
with a nonpublic entity for the provision of the special education	47988
and related services, provided the special education and related	47989
services meet the standards for special education and related	47990
services established by the state board and is provided within the	47991
state.	47992

(4) Any cooperative agreement or contract under division	47993
(B)(1) or (2) of this section involving a local school district	47994
shall be approved by the governing board of the educational	47995
service center which serves that district.	47996

(C) No plan of a local school district shall be submitted to	47997
the superintendent of public instruction until it has been	47998
approved by the superintendent of the educational service center	47999
which serves that district.	48000

(D) Upon approval of a school district's plan by the	48001
superintendent of public instruction, the district shall	48002
immediately certify students for state funds under section 3317.03	48003
of the Revised Code to implement and maintain such plan. ~~The~~	48004
~~district also shall request approval of classroom units under~~	48005
~~division (B) of section 3317.05 of the Revised Code for which the~~	48006
~~district has adequately identified preschool children with~~	48007
~~disabilities and shall, in accordance with procedures adopted by~~	48008
~~the state board, request approval of units under division (C) of~~	48009
~~section 3317.05 of the Revised Code.~~ The district shall, in	48010
accordance with guidelines adopted by the state board, identify	48011
problems relating to the provision of qualified personnel and	48012
adequate facilities, and indicate the extent to which the cost of	48013
programs required under the plan will exceed anticipated state	48014
reimbursement. Each school district shall immediately implement	48015
the identification, location, and evaluation of children with	48016
disabilities in accordance with this chapter, and shall implement	48017
those parts of the plan involving placement and provision of	48018
special education and related services.	48019

Sec. 3323.09. (A) As used in this section:

48020

(1) "Home" has the meaning given in section 3313.64 of the	48021
Revised Code.	48022

(2) "Preschool child" means a child who is at least age three	48023
but under age six on the thirtieth day of September of an academic	48024
year.	48025

(B) Each county DD board shall establish special education	48026
programs for all children with disabilities who in accordance with	48027
section 3323.04 of the Revised Code have been placed in special	48028
education programs operated by the county board and for preschool	48029
children who are developmentally delayed or at risk of being	48030
developmentally delayed. The board annually shall submit to the	48031
department of education a plan for the provision of these programs	48032
~~and, if applicable, a request for approval of units under section~~	48033
~~3317.05 of the Revised Code~~. The superintendent of public	48034
instruction shall review the plan and approve or modify it in	48035
accordance with rules adopted by the state board of education	48036
under section 3301.07 of the Revised Code. The superintendent of	48037
public instruction shall compile the plans submitted by county	48038
boards and shall submit a comprehensive plan to the state board.	48039

A county DD board may combine transportation for children	48040
enrolled in classes funded under ~~section~~sections 3317.0213 or	48041
3317.20 ~~or units approved under section 3317.05~~ with	48042
transportation for children and adults enrolled in programs and	48043
services offered by the board under Chapter 5126. of the Revised	48044
Code.	48045

(C) A county DD board that during the school year provided	48046
special education pursuant to this section for any child with	48047
mental disabilities under twenty-two years of age shall prepare	48048
and submit the following reports and statements:	48049

(1) The board shall prepare a statement for each child who at	48050
the time of receiving such special education was a resident of a	48051
home and was not in the legal or permanent custody of an Ohio	48052
resident or a government agency in this state, and whose natural	48053
or adoptive parents are not known to have been residents of this	48054
state subsequent to the child's birth. The statement shall contain	48055
the child's name, the name of the child's school district of	48056
residence, the name of the county board providing the special	48057
education, and the number of months, including any fraction of a	48058
month, it was provided. Not later than the thirtieth day of June,	48059
the board shall forward a certified copy of such statement to both	48060
the director of developmental disabilities and to the home.	48061

Within thirty days after its receipt of a statement, the home	48062
shall pay tuition to the county board computed in the manner	48063
prescribed by section 3323.141 of the Revised Code.	48064

(2) The board shall prepare a report for each school district	48065
that is the school district of residence of one or more of such	48066
children for whom statements are not required by division (C)(1)	48067
of this section. The report shall contain the name of the county	48068
board providing special education, the name of each child	48069
receiving special education, the number of months, including	48070
fractions of a month, that the child received it, and the name of	48071
the child's school district of residence. Not later than the	48072
thirtieth day of June, the board shall forward certified copies of	48073
each report to the school district named in the report, the	48074
superintendent of public instruction, and the director of	48075
developmental disabilities.	48076

Sec. 3323.091. (A) The department of ~~mental health~~mental	48077
health and addiction services, the department of developmental	48078
disabilities, the department of youth services, and the department	48079
of rehabilitation and correction shall establish and maintain	48080
special education programs for children with disabilities in	48081
institutions under their jurisdiction according to standards	48082
adopted by the state board of education.	48083

(B) ~~The superintendent of each state institution required to~~	48084
~~provide services under division (A) of this section, and each~~	48085
~~county DD board, providing special education for preschool~~	48086
~~children with disabilities under this chapter may apply to the~~	48087
~~state department of education for unit funding, which shall be~~	48088
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	48089
~~Revised Code.~~	48090

The superintendent of each state institution required to	48091
provide services under division (A) of this section may apply to	48092
the department of education for special education and related	48093
services ~~weighted~~ funding for children with disabilities other	48094
than preschool children with disabilities, calculated in	48095
accordance with section 3317.201 of the Revised Code.	48096

Each county DD board providing special education for children	48097
with disabilities other than preschool children with disabilities	48098
may apply to the department of education for ~~base cost and~~	48099
opportunity funds, special education and related services ~~weighted~~	48100
funding, and targeted assistance funds calculated in accordance	48101
with section 3317.20 of the Revised Code.	48102

(C) In addition to the authorization to apply for state	48103
funding described in division (B) of this section, each state	48104
institution required to provide services under division (A) of	48105
this section is entitled to tuition payments calculated in the	48106
manner described in division (C) of this section.	48107

On or before the thirtieth day of June of each year, the	48108
superintendent of each institution that during the school year	48109
provided special education pursuant to this section shall prepare	48110
a statement for each child with a disability under twenty-two	48111
years of age who has received special education. The statement	48112
shall contain the child's data verification code assigned pursuant	48113
to division (D)(2) of section 3301.0714 of the Revised Code and	48114
the name of the child's school district of residence. Within sixty	48115
days after receipt of such statement, the department of education	48116
shall perform one of the following:	48117

(1) For any child except a preschool child with a disability	48118
described in division (C)(2) of this section, pay to the	48119
institution submitting the statement an amount equal to the	48120
tuition calculated under division (A) of section 3317.08 of the	48121
Revised Code for the period covered by the statement, and deduct	48122
the same from the amount of state funds, if any, payable under	48123
Chapter 3317. of the Revised Code, to the child's school district	48124
of residence or, if the amount of such state funds is	48125
insufficient, require the child's school district of residence to	48126
pay the institution submitting the statement an amount equal to	48127
the amount determined under this division.	48128

(2) For any preschool child with a disability ~~not included in~~	48129
~~a unit approved under division (B) of section 3317.05 of the~~	48130
~~Revised Code~~, perform the following:	48131

(a) Pay to the institution submitting the statement an amount	48132
equal to the tuition calculated under division (B) of section	48133
3317.08 of the Revised Code for the period covered by the	48134
statement, except that in calculating the tuition under that	48135
section the operating expenses of the institution submitting the	48136
statement under this section shall be used instead of the	48137
operating expenses of the school district of residence;	48138

(b) Deduct from the amount of state funds, if any, payable	48139
under Chapter 3317. of the Revised Code to the child's school	48140
district of residence an amount equal to the amount paid under	48141
division (C)(2)(a) of this section.	48142

Sec. 3323.13. (A) If a child who is a school resident of one	48143
school district receives special education from another district,	48144
the board of education of the district providing the education,	48145
subject to division (C) of this section, may require the payment	48146
by the board of education of the district of residence of a sum	48147
not to exceed one of the following, as applicable:	48148

(1) For any child except a preschool child with a disability	48149
described in division (A)(2) of this section, the tuition of the	48150
district providing the education for a child of normal needs of	48151
the same school grade. The determination of the amount of such	48152
tuition shall be in the manner provided for by division (A) of	48153
section 3317.08 of the Revised Code.	48154

(2) For any preschool child with a disability ~~not included in~~	48155
~~a unit approved under division (B) of section 3317.05 of the~~	48156
~~Revised Code~~, the tuition of the district providing the education	48157
for the child as calculated under division (B) of section 3317.08	48158
of the Revised Code, multiplied by 0.50.	48159

(B) The board of the district of residence may contract with	48160
the board of another district for the transportation of such child	48161
into any school in such other district, on terms agreed upon by	48162
such boards. Upon direction of the state board of education, the	48163
board of the district of residence shall pay for the child's	48164
transportation and the tuition.	48165

(C) The board of education of a district providing the	48166
education for a child shall be entitled to require payment from	48167
the district of residence under this section or section 3323.14 of	48168
the Revised Code only if the district providing the education has	48169
done at least one of the following:	48170

(1) Invited the district of residence to send representatives	48171
to attend the meetings of the team developing the child's	48172
individualized education program;	48173

(2) Received from the district of residence a copy of the	48174
individualized education program or a multifactored evaluation	48175
developed for the child by the district of residence;	48176

(3) Informed the district of residence in writing that the	48177
district is providing the education for the child.	48178

As used in division (C)(2) of this section, "multifactored	48179
evaluation" means an evaluation, conducted by a multidisciplinary	48180
team, of more than one area of the child's functioning so that no	48181
single procedure shall be the sole criterion for determining an	48182
appropriate educational program placement for the child.	48183

Sec. 3323.14. ~~This section does not apply to any preschool~~	48184
~~child with a disability except if included in a unit approved~~	48185
~~under division (B) of section 3317.05 of the Revised Code.~~	48186

(A) Where a child who is a school resident of one school	48187
district receives special education from another district and the	48188
per capita cost to the educating district for that child exceeds	48189
the sum of the amount received by the educating district for that	48190
child under division (A) of section 3317.08 of the Revised Code	48191
and the amount received by the district from the state board of	48192
education for that child, then the board of education of the	48193
district of residence shall pay to the board of the school	48194
district that is providing the special education such excess cost	48195
as is determined by using a formula approved by the department of	48196
education and agreed upon in contracts entered into by the boards	48197
of the districts concerned at the time the district providing such	48198
special education accepts the child for enrollment. The department	48199
shall certify the amount of the payments under Chapter 3317. of	48200
the Revised Code for such pupils with disabilities for each school	48201
year ending on the thirtieth day of July.	48202

(B) In the case of a child described in division (A) of this	48203
section who has been placed in a home, as defined in section	48204
3313.64 of the Revised Code, pursuant to the order of a court and	48205
who is not subject to section 3323.141 of the Revised Code, the	48206
district providing the child with special education and related	48207
services may charge to the child's district of residence the	48208
excess cost determined by formula approved by the department,	48209
regardless of whether the district of residence has entered into a	48210
contract with the district providing the services. If the district	48211
providing the services chooses to charge excess costs, the	48212
district may report the amount calculated under this division to	48213
the department.	48214

(C) If a district providing special education for a child	48215
reports an amount for the excess cost of those services, as	48216
authorized and calculated under division (A) or (B) of this	48217
section, the department shall pay that amount of excess cost to	48218
the district providing the services and shall deduct that amount	48219
from the child's district of residence in accordance with division	48220
(K) of section 3317.023 of the Revised Code.	48221

Sec. 3323.141. (A) When a child who is not in the legal or	48222
permanent custody of an Ohio resident or a government agency in	48223
this state and whose natural or adoptive parents are not known to	48224
have been residents of this state subsequent to the child's birth	48225
is a resident of a home as defined in section 3313.64 of the	48226
Revised Code and receives special education and related services	48227
from a school district or county ~~MR/DD~~DD board, the home shall	48228
pay tuition to the board providing the special education.	48229

(B) In the case of a child described in division (A) of this	48230
section who receives special education and related services from a	48231
school district, tuition shall be the amount determined under	48232
division (B)(1) or (2) of this section.	48233

(1) For a child other than a child described in division	48234
(B)(2) of this section the tuition shall be an amount equal to the	48235
sum of the following:	48236

(a) Tuition as determined in the manner provided for by	48237
division (B) of section 3317.081 of the Revised Code for the	48238
district that provides the special education;	48239

(b) Such excess cost as is determined by using a formula	48240
established by rule of the department of education. The excess	48241
cost computed in this section shall not be used as excess cost	48242
computed under section 3323.14 of the Revised Code.	48243

(2) For a child who is a preschool child with a disability	48244
~~not included in a unit approved under division (B) of section~~	48245
~~3317.05 of the Revised Code~~, the tuition shall be computed as	48246
follows:	48247

(a) Determine the amount of the tuition of the district	48248
providing the education for the child as calculated under division	48249
(B) of section 3317.08 of the Revised Code;	48250

(b) For each type of special education service included in	48251
the computation of the amount of tuition under division (B)(2)(a)	48252
of this section, divide the amount determined for that computation	48253
under division (B)(2) of section 3317.08 of the Revised Code by	48254
the total number of preschool children with disabilities used for	48255
that computation under division (B)(3) of section 3317.08 of the	48256
Revised Code;	48257

(c) Determine the sum of the quotients obtained under	48258
division (B)(2)(b) of this section;	48259

(d) Determine the sum of the amounts determined under	48260
divisions (B)(2)(a) and (c) of this section.	48261

(C) In the case of a child described in division (A) of this	48262
section who receives special education and related services from a	48263
county ~~MR/DD~~DD board, tuition shall be the amount determined	48264
under division (C)(1) or (2) of this section.	48265

(1) For a child other than a child described in division	48266
(C)(2) of this section, the tuition shall be an amount equal to	48267
such board's per capita cost of providing special education and	48268
related services for children at least three but less than	48269
twenty-two years of age as determined by using a formula	48270
established by rule of the department of developmental	48271
disabilities.	48272

(2) For a child who is a preschool child with a disability	48273
~~not included in a unit approved under division (B) of section~~	48274
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	48275
the amounts of each such board's per capita cost of providing each	48276
of the special education or related service that the child	48277
receives. The calculation of tuition shall be made by using a	48278
formula established by rule of the department of developmental	48279
disabilities. The formula for the calculation of per capita costs	48280
under division (C)(2) of this section shall be based only on each	48281
such ~~MR/DD~~DD board's cost of providing each type of special	48282
education or related service to preschool children with	48283
disabilities ~~not included in a unit approved under division (B) of~~	48284
~~section 3317.05 of the Revised Code~~.	48285

(D) If a home fails to pay the tuition required under this	48286
section, the board of education or county ~~MR/DD~~DD board providing	48287
the education may recover in a civil action the tuition and the	48288
expenses incurred in prosecuting the action, including court costs	48289
and reasonable attorney's fees. If the prosecuting attorney or	48290
city director of law represents the board in such action, costs	48291
and reasonable attorney's fees awarded by the court, based upon	48292
the time spent preparing and presenting the case by the	48293
prosecuting attorney, director, or a designee of either, shall be	48294
deposited in the county or city general fund.	48295

Sec. 3323.142. ~~This section does not apply to any preschool~~	48296
~~child with a disability except if included in a unit approved~~	48297
~~under division (B) of section 3317.05 of the Revised Code.~~	48298

As used in this section, "per pupil amount" for a preschool	48299
child with a disability included in such an approved unit means	48300
the amount determined by dividing the amount received for the	48301
classroom unit in which the child has been placed by the number of	48302
children in the unit. For any other child, "per pupil amount"	48303
means the amount paid for the child under section 3317.20 of the	48304
Revised Code.	48305

When a school district places or has placed a child with a	48306
county DD board for special education, but another district is	48307
responsible for tuition under section 3313.64 or 3313.65 of the	48308
Revised Code and the child is not a resident of the territory	48309
served by the county DD board, the board may charge the district	48310
responsible for tuition with the educational costs in excess of	48311
the per pupil amount received by the board under Chapter 3317. of	48312
the Revised Code. The amount of the excess cost shall be	48313
determined by the formula established by rule of the department of	48314
education under section 3323.14 of the Revised Code, and the	48315
payment for such excess cost shall be made by the school district	48316
directly to the county DD board.	48317

A school district board of education and the county DD board	48318
that serves the school district may negotiate and contract, at or	48319
after the time of placement, for payments by the board of	48320
education to the county DD board for additional services provided	48321
to a child placed with the county DD board and whose	48322
individualized education program established pursuant to section	48323
3323.08 of the Revised Code requires additional services that are	48324
not routinely provided children in the county DD board's program	48325
but are necessary to maintain the child's enrollment and	48326
participation in the program. Additional services may include, but	48327
are not limited to, specialized supplies and equipment for the	48328
benefit of the child and instruction, training, or assistance	48329
provided by staff members other than staff members for which	48330
funding is received under Chapter 3317. of the Revised Code.	48331

Sec. 3326.11. Each science, technology, engineering, and	48332
mathematics school established under this chapter and its	48333
governing body shall comply with sections 9.90, 9.91, 109.65,	48334
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	48335
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	48336
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	48337
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	48338
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	48339
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	48340
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	48341
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	48342
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	48343
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	48344
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	48345
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	48346
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	48347
4123., 4141., and 4167. of the Revised Code as if it were a school	48348
district.	48349

Sec. 3326.112. The governing body of each STEM school shall	48350
comply with the standards for financial reporting adopted under	48351
division (B)(2) of section 3301.07 of the Revised Code.	48352

Sec. 3326.20. (A) As used in this section, "native student"	48353
means a student entitled to attend school in the school district	48354
under section 3313.64 or 3313.65 of the Revised Code.	48355

(B) Unless either the proposal for the establishment of a	48356
science, technology, engineering, and mathematics school, as it	48357
was approved by the STEM committee under section 3326.03 of the	48358
Revised Code, ~~otherwise~~ provides for the transportation of	48359
students to and from the STEM school, or the parent of a native	48360
student or that student opts to receive the transportation subsidy	48361
prescribed by section 3327.02 of the Revised Code, the board of	48362
education of each city, local, and exempted village school	48363
district shall provide transportation to and from school for its	48364
~~district's~~ native students enrolled in the STEM school in the same	48365
manner that section 3327.01 of the Revised Code requires for its	48366
native students enrolled in nonpublic schools.	48367

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	48368
Revised Code:	48369

(A) ~~"Applicable special education weight" means the multiple~~	48370
~~specified in section 3317.013 of the Revised Code for a disability~~	48371
~~described in that section.~~	48372

~~(B) "Applicable vocational education weight" means the~~	48373
~~multiple specified in section 3317.014 of the Revised Code for~~	48374
~~vocational education programs or classes described in that section~~	48375
(1) "Category one career-technical education student" means a	48376
student who is receiving the career-technical education services	48377
described in division (A) of section 3317.014 of the Revised Code.	48378

(2) "Category two career-technical student" means a student	48379
who is receiving the career-technical education services described	48380
in division (B) of section 3317.014 of the Revised Code.	48381

(3) "Category three career-technical student" means a student	48382
who is receiving the career-technical education services described	48383
in division (C) of section 3317.014 of the Revised Code.	48384

(4) "Category four career-technical student" means a student	48385
who is receiving the career-technical education services described	48386
in division (D) of section 3317.014 of the Revised Code.	48387

(5) "Category five career-technical education student" means	48388
a student who is receiving the career-technical education services	48389
described in division (E) of section 3317.014 of the Revised Code.	48390

(B)(1) "Category one limited English proficient student"	48391
means a limited English proficient student described in division	48392
(A) of section 3317.016 of the Revised Code.	48393

(2) "Category two limited English proficient student" means a	48394
limited English proficient student described in division (B) of	48395
section 3317.016 of the Revised Code.	48396

(3) "Category three limited English proficient student" means	48397
a limited English proficient student described in division (C) of	48398
section 3317.016 of the Revised Code.	48399

(C)(1) "Category one special education student" means a	48400
student who is receiving special education services for a	48401
disability specified in division (A) of section 3317.013 of the	48402
Revised Code.	48403

(2) "Category two special education student" means a student	48404
who is receiving special education services for a disability	48405
specified in division (B) of section 3317.013 of the Revised Code.	48406

(3) "Category three special education student" means a	48407
student who is receiving special education services for a	48408
disability specified in division (C) of section 3317.013 of the	48409
Revised Code.	48410

(4) "Category four special education student" means a student	48411
who is receiving special education services for a disability	48412
specified in division (D) of section 3317.013 of the Revised Code.	48413

(5) "Category five special education student" means a student	48414
who is receiving special education services for a disability	48415
specified in division (E) of section 3317.013 of the Revised Code.	48416

(6) "Category six special education student" means a student	48417
who is receiving special education services for a disability	48418
specified in division (F) of section 3317.013 of the Revised Code.	48419

~~(C)~~(D) "Formula amount" has the same meaning as in section	48420
3317.02 of the Revised Code.	48421

~~(D)~~(E) "IEP" means an individualized education program as	48422
defined in section 3323.01 of the Revised Code.	48423

~~(E) A student is "included in the poverty student count of~~	48424
~~the student's resident district" if the student's family receives~~	48425
~~assistance under the Ohio works first program.~~	48426

(F) "Resident district" means the school district in which a	48427
student is entitled to attend school under section 3313.64 or	48428
3313.65 of the Revised Code.	48429

(G) "State education aid" has the same meaning as in section	48430
5751.20 of the Revised Code.	48431

Sec. 3326.32. Each science, technology, engineering, and	48432
mathematics school shall report to the department of education, in	48433
the form and manner required by the department, all of the	48434
following information:	48435

(A) The total number of students enrolled in the school;

48436

(B) The number of students who are receiving special	48437
education and related services pursuant to an IEP;	48438

(C) For each student reported under division (B) of this	48439
section, which category specified in divisions (A) to (F) of	48440
section 3317.013 of the Revised Code applies to the student;	48441

(D) The full-time equivalent number of students who are	48442
enrolled in ~~vocational~~career-technical education programs or	48443
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	48444
(E) of section 3317.014 of the Revised Code that are provided by	48445
the STEM school;	48446

(E) The number of students who are limited English proficient	48447
students and which category specified in divisions (A) to (C) of	48448
section 3317.016 of the Revised Code applies to each student;	48449

(F) The number of students reported under division (A) of	48450
this section who are economically disadvantaged, as defined by the	48451
department. A student shall not be categorically excluded from the	48452
number reported under division (F) of this section based on	48453
anything other than family income.	48454

(G) The resident district of each student;

48455

~~(F)~~(H) Any additional information the department determines	48456
necessary to make payments under this chapter.	48457

Sec. 3326.33. ~~Payments and deductions under this section for~~	48458
~~fiscal years 2012 and 2013 shall be made in accordance with~~	48459
~~section 3326.39 of the Revised Code.~~	48460

For each student enrolled in a science, technology,	48461
engineering, and mathematics school established under this	48462
chapter, on a full-time equivalency basis, the department of	48463
education annually shall deduct from the state education aid of a	48464
student's resident school district and, if necessary, from the	48465
payment made to the district under sections 321.24 and 323.156 of	48466
the Revised Code and pay to the school the sum of the following:	48467

(A) ~~The sum of the formula amount plus the per pupil amount~~	48468
~~of the base funding supplements specified in divisions (C)(1) to~~	48469
~~(4) of section 3317.012 of the Revised Code.~~	48470

~~(B) If the student is receiving special education and related~~	48471
~~services pursuant to an IEP, the product of the applicable special~~	48472
~~education weight times the formula amount;~~	48473

~~(C) If the student is enrolled in vocational education~~	48474
~~programs or classes that are described in section 3317.014 of the~~	48475
~~Revised Code, are provided by the school, and are comparable as~~	48476
~~determined by the superintendent of public instruction to school~~	48477
~~district vocational education programs and classes eligible for~~	48478
~~state weighted funding under section 3317.014 of the Revised Code,~~	48479
~~the product of the applicable vocational education weight times~~	48480
~~the formula amount times the percentage of time the student spends~~	48481
~~in the vocational education programs or classes;~~	48482

~~(D) If the student is included in the poverty student count~~	48483
~~of the student's resident district, the per pupil amount of the~~	48484
~~district's payment under division (C) of section 3317.029 of the~~	48485
~~Revised Code;~~	48486

~~(E) If the student is identified as limited English~~	48487
~~proficient and the student's resident district receives a payment~~	48488
~~for services to limited English proficient students under division~~	48489
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	48490
~~of the district's payment under that division, calculated in the~~	48491
~~same manner as per pupil payments are calculated under division~~	48492
~~(C)(6) of section 3314.08 of the Revised Code;~~	48493

~~(F) If the student's resident district receives a payment~~	48494
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	48495
~~Code, the per pupil amount of the district's payments under each~~	48496
~~division, calculated in the same manner as per pupil payments are~~	48497
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	48498
~~the Revised Code;~~	48499

~~(G) If the student's resident district receives a parity aid~~	48500
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	48501
~~amount calculated for the district under division (C) or (D) of~~	48502
~~that section~~An opportunity grant in an amount equal to the	48503
formula amount;	48504

(B) The per pupil amount of targeted assistance funds	48505
calculated under division (A) of section 3317.0217 of the Revised	48506
Code for the student's resident district, as determined by the	48507
department, X 0.25;	48508

(C) Additional state aid for special education and related	48509
services provided under Chapter 3323. of the Revised Code as	48510
follows:	48511

(1) If the student is a category one special education	48512
student, the formula amount X the multiple specified in division	48513
(A) of section 3317.013 of the Revised Code;	48514

(2) If the student is a category two special education	48515
student, the formula amount X the multiple specified in division	48516
(B) of section 3317.013 of the Revised Code;	48517

(3) If the student is a category three special education	48518
student, the formula amount X the multiple specified in division	48519
(C) of section 3317.013 of the Revised Code;	48520

(4) If the student is a category four special education	48521
student, the formula amount X the multiple specified in division	48522
(D) of section 3317.013 of the Revised Code;	48523

(5) If the student is a category five special education	48524
student, the formula amount X the multiple specified in division	48525
(E) of section 3317.013 of the Revised Code;	48526

(6) If the student is a category six special education	48527
student, the formula amount X the multiple specified in division	48528
(F) of section 3317.013 of the Revised Code.	48529

(D) If the student is in kindergarten through third grade,	48530
$300, in fiscal year 2014, or $303, in fiscal year 2015;	48531

(E) If the student is economically disadvantaged, an amount	48532
equal to the following:	48533

($340, in fiscal year 2014, or $343, in fiscal year 2015) X (the	48534
resident district's economically disadvantaged index)	48535

(F) Limited English proficiency funds, as follows:

48536

(1) If the student is a category one limited English	48537
proficient student, the amount specified in division (A) of	48538
section 3317.016 of the Revised Code;	48539

(2) If the student is a category two limited English	48540
proficient student, the amount specified in division (B) of	48541
section 3317.016 of the Revised Code;	48542

(3) If the student is a category three limited English	48543
proficient student, the amount specified in division (C) of	48544
section 3317.016 of the Revised Code.	48545

(G) Career-technical education funds as follows:

48546

(1) If the student is a category one career-technical	48547
education student, the formula amount X the multiple specified in	48548
division (A) of section 3317.014 of the Revised Code;	48549

(2) If the student is a category two career-technical	48550
education student, the formula amount X the multiple specified in	48551
division (B) of section 3317.014 of the Revised Code;	48552

(3) If the student is a category three career-technical	48553
education student, the formula amount X the multiple specified in	48554
division (C) of section 3317.014 of the Revised Code;	48555

(4) If the student is a category four career-technical	48556
education student, the formula amount X the multiple specified in	48557
division (D) of section 3317.014 of the Revised Code;	48558

(5) If the student is a category five career-technical	48559
education student, the formula amount X the multiple specified in	48560
division (E) of section 3317.014 of the Revised Code.	48561

Deduction and payment of funds under division (G) of this	48562
section is subject to approval under section 3317.161 of the	48563
Revised Code.	48564

Sec. 3326.34. If a science, technology, engineering, and	48565
mathematics school established under this chapter incurs costs for	48566
a fiscal year for a student receiving special education and	48567
related services pursuant to an IEP for a disability described in	48568
divisions (B) to (F) of section 3317.013 of the Revised Code that	48569
exceed the threshold catastrophic cost for serving the student as	48570
specified in division ~~(C)(3)(b)~~(B) of section ~~3317.022~~3317.0214	48571
of the Revised Code, the STEM school may submit to the	48572
superintendent of public instruction documentation, as prescribed	48573
by the superintendent, of all its costs for that student. Upon	48574
submission of documentation for a student of the type and in the	48575
manner prescribed, the department of education shall pay to the	48576
school an amount equal to the school's costs for the student in	48577
excess of the threshold catastrophic costs.	48578

The school shall only report under this section, and the	48579
department shall only pay for, the costs of educational expenses	48580
and the related services provided to the student in accordance	48581
with the student's IEP. Any legal fees, court costs, or other	48582
costs associated with any cause of action relating to the student	48583
may not be included in the amount.	48584

Sec. 3326.38. A science, technology, engineering, and	48585
mathematics school may do ~~all~~both of the following:	48586

(A) ~~Apply to the department of education for gifted unit~~	48587
~~funding;~~	48588

~~(B)~~ Apply to any state or federal agency for grants that a	48589
school district or public school may receive under federal or	48590
state law or any appropriations act of the general assembly;	48591

~~(C)~~(B) Apply to any private entity or foundation for	48592
additional funds.	48593

Sec. 3326.45. (A) The governing body of a science,	48594
technology, engineering, and mathematics school may contract with	48595
the governing board of an educational service center or the board	48596
of education of a joint vocational school district for the	48597
provision of services to the STEM school or to any student	48598
enrolled in the school. Services provided under the contract and	48599
the amount to be paid for those services shall be mutually agreed	48600
to by the parties to the contract, and shall be specified in the	48601
contract.	48602

(B) A contract entered into under this section may require an	48603
educational service center to provide any one or a combination of	48604
the following services to a STEM school:	48605

(1) Supervisory teachers;

48606

(2) In-service and continuing education programs for	48607
personnel of the STEM school;	48608

(3) Curriculum services as provided to the client school	48609
districts of the service center;	48610

(4) Research and development programs;

48611

(5) Academic instruction for which the service center	48612
governing board employs teachers;	48613

(6) Assistance in the provision of special accommodations and	48614
classes for students with disabilities.	48615

Services described in division (B) of this section shall be	48616
provided to the STEM school in the same manner they are provided	48617
to client school districts of the service center, unless otherwise	48618
specified in the contract. The contract shall specify whether the	48619
service center will receive a per-pupil payment from the	48620
department of education for the provision of these services and,	48621
if so, the amount of the per-pupil payment~~, which shall not exceed~~	48622
~~the per-pupil amount paid to the service center under division (F)~~	48623
~~of section 3317.11 of the Revised Code for each student in the~~	48624
~~service center ADM~~.	48625

(C) For each contract entered into under this section, the	48626
department shall deduct the amount owed by the STEM school from	48627
the state funds due to the STEM school under this chapter and	48628
shall pay that amount to the educational service center or joint	48629
vocational school district that is party to the contract. ~~In the~~	48630
~~case of a contract with an educational service center that~~	48631
~~specifies per-pupil payments for the provision of services~~	48632
~~described in division (B) of this section, the department also~~	48633
~~shall pay the service center the amount calculated under division~~	48634
~~(H) of section 3317.11 of the Revised Code.~~	48635

(D) No contract entered into under this section shall be	48636
valid unless a copy is filed with the department by the first day	48637
of the school year for which the contract is in effect.	48638

(E) As used in this section, "client school district" ~~has the~~	48639
~~same meaning as in section 3317.11 of the Revised Code~~means a	48640
city, exempted village, or local school district that has entered	48641
into an agreement under section 3313.843 or 3313.845 of the	48642
Revised Code to receive any services from an educational service	48643
center.	48644

Sec. 3327.01. Notwithstanding division (D) of section	48645
3311.19 and division (D) of section 3311.52 of the Revised Code,	48646
this section and sections 3327.011~~, 3327.012,~~ and 3327.02 of the	48647
Revised Code do not apply to any joint vocational or cooperative	48648
education school district.	48649

In(A) Except as provided in division (D) of this section or	48650
section 3314.091 or 3327.02 of the Revised Code, in all city,	48651
local, and exempted village school districts where resident school	48652
pupils in grades kindergarten through eight live more than two	48653
miles from the school for which the state board of education	48654
prescribes minimum standards pursuant to division (D) of section	48655
3301.07 of the Revised Code and to which they are assigned by the	48656
board of education of the district of residence or to and from the	48657
nonpublic or community school which they attend, the board of	48658
education shall provide transportation for such pupils to and from	48659
~~such~~that school ~~except as provided in section 3327.02 of the~~	48660
~~Revised Code~~.	48661

(B) In all city, local, and exempted village school districts	48662
where pupil transportation is required under a career-technical	48663
plan approved by the state board of education under section	48664
3313.90 of the Revised Code, for any student attending a	48665
career-technical program operated by another school district,	48666
including a joint vocational school district, as prescribed under	48667
that section, the board of education of the student's district of	48668
residence shall provide transportation from the public high school	48669
operated by that district to which the student is assigned to the	48670
career-technical program.	48671

In(C) Except as provided in division (D) of this section or	48672
section 3314.091 or 3327.02 of the Revised Code, in all city,	48673
local, and exempted village school districts, the board may	48674
provide transportation for resident school pupils in grades nine	48675
through twelve to and from the high school to which they are	48676
assigned by the board of education of the district of residence or	48677
to and from the nonpublic or community high school which they	48678
attend for which the state board of education prescribes minimum	48679
standards pursuant to division (D) of section 3301.07 of the	48680
Revised Code.	48681

(D)(1) A board of education shall not be required to	48682
transport elementary or high school pupils to and from a nonpublic	48683
or community school where such transportation would require more	48684
than thirty minutes of direct travel time as measured by school	48685
bus from the public school building to which the pupils would be	48686
assigned if attending the public school designated by the district	48687
of residence.	48688

~~Where it is impractical to transport a pupil by school~~	48689
~~conveyance, a board of education may offer payment, in lieu of~~	48690
~~providing such transportation in accordance with section 3327.02~~	48691
~~of the Revised Code.~~	48692

(2) A board of education shall not be required to transport	48693
elementary or high school pupils to and from a nonpublic or	48694
community school on Saturday or Sunday, unless a board of	48695
education and a nonpublic or community school have an agreement in	48696
place to do so before the effective date of this amendment.	48697

(E) In all city, local, and exempted village school	48698
districts, the board shall provide transportation for all children	48699
who are so disabled that they are unable to walk to and from the	48700
school for which the state board of education prescribes minimum	48701
standards pursuant to division (D) of section 3301.07 of the	48702
Revised Code and which they attend. In case of dispute whether the	48703
child is able to walk to and from the school, the health	48704
commissioner shall be the judge of such ability. In all city,	48705
exempted village, and local school districts, the board shall	48706
provide transportation to and from school or special education	48707
classes for ~~educable~~ mentally ~~retarded~~disabled children in	48708
accordance with standards adopted by the state board of education.	48709

(F) When transportation of pupils is provided the conveyance	48710
shall be run on a time schedule that shall be adopted and put in	48711
force by the board not later than ten days after the beginning of	48712
the school term.	48713

The cost of any transportation service authorized by this	48714
section shall be paid first out of federal funds, if any,	48715
available for the purpose of pupil transportation, and secondly	48716
out of state appropriations, in accordance with regulations	48717
adopted by the state board of education.	48718

(G) No transportation of any pupils shall be provided by any	48719
board of education to or from any school which in the selection of	48720
pupils, faculty members, or employees, practices discrimination	48721
against any person on the grounds of race, color, religion, or	48722
national origin.	48723

(H) No transportation to or from school of pupils in grades	48724
kindergarten through five shall be provided by way of transit	48725
buses as defined in section 5735.01 of the Revised Code.	48726

Sec. 3327.02. (A) As used in this section:

48727

(1) "Community school" means a community school established	48728
under Chapter 3314. of the Revised Code.	48729

(2) "Parent" has the same meaning as in section 3313.98 of	48730
the Revised Code.	48731

(3) "Resident school district" means the city, exempted	48732
village, or local school district in which a student is entitled	48733
to attend school under section 3313.64 or 3313.65 of the Revised	48734
Code.	48735

(4) "School year" has the same meaning as in section 3313.62	48736
of the Revised Code.	48737

(5) "State education aid" has the same meaning as in section	48738
5751.20 of the Revised Code.	48739

(6) "STEM school" means a science, technology, engineering,	48740
and mathematics school established under Chapter 3326. of the	48741
Revised Code.	48742

(B) Beginning July 1, 2014, the board of education of a city,	48743
exempted village, or local school district is not required to	48744
provide transportation to and from school for a student attending	48745
one of the district's schools or a community school, STEM school,	48746
or nonpublic school under division (A) or (C) of section 3327.01	48747
of the Revised Code, if the student's parent or the student, if at	48748
least eighteen years old and no guardian or custodian is currently	48749
appointed for the student, opts instead to receive the subsidy	48750
prescribed by division (D) of this section. The parent or student	48751
may exercise that option on an annual basis by submitting an	48752
application to the department of education and by notifying the	48753
district board in accordance with procedures and deadlines	48754
prescribed by the department. The department shall prescribe	48755
deadlines for that application and notice so that the district	48756
board has sufficient time to take the exercise of the parent's or	48757
student's option into account when planning its transportation	48758
routes and schedules for the succeeding school year. The	48759
department shall not accept an application that is submitted after	48760
the deadline. The department shall award a subsidy as long as the	48761
parent or student complies with the application and notice	48762
procedures. The award shall be for one school year at a time and	48763
may be renewed if the parent or student again submits an	48764
application to the department and notice to the district board in	48765
accordance with the prescribed procedures and deadlines. The	48766
parent or student shall use the subsidy to pay the cost of the	48767
student's transportation to and from school for the entire school	48768
year.	48769

(C) The subsidy prescribed by this section is not available	48770
for any of the following:	48771

(1) A student attending a community school or nonpublic	48772
school that is more than thirty minutes of direct travel time, as	48773
measured by school bus, from the building of the student's	48774
resident school district to which the student would be assigned if	48775
attending school in the district, as provided in division (D) of	48776
section 3327.01 of the Revised Code;	48777

(2) A student attending a community school that either:

48778

(a) Has an agreement with the student's resident school	48779
district for the community school to transport students to that	48780
school under division (A) of section 3314.091 of the Revised Code;	48781

(b) Accepts responsibility to transport students to the	48782
school under division (B) of that section.	48783

(3) A student who attends a school district other than the	48784
student's resident school district under an open enrollment policy	48785
adopted in accordance with section 3313.98 of the Revised Code;	48786

(4) A student who attends school in a school district under	48787
division (I) of section 3313.64 of the Revised Code.	48788

(D) The amount of the subsidy awarded for each student under	48789
this section shall equal the lesser of the following:	48790

(1) The statewide average cost of pupil transportation for	48791
the previous school year;	48792

(2) The average cost of pupil transportation for the previous	48793
school year for the student's resident school district.	48794

The department shall pay that amount to the student's parent	48795
or the student, if at least eighteen years old and no guardian or	48796
custodian is currently appointed for the student, in quarterly	48797
periodic payments.	48798

(E) The department shall deduct the amount of each subsidy	48799
awarded for a student under this section from the state education	48800
aid of the student's resident school district and, if necessary,	48801
from that district's payments under sections 321.24 and 323.156 of	48802
the Revised Code.	48803

The department shall include the student in the calculation	48804
of the district's transportation payment under section 3317.0212	48805
of the Revised Code and the operating appropriations act.	48806

(F) This section has no effect on a school district's	48807
responsibility to transport a student to and from a	48808
college-preparatory boarding school established under Chapter	48809
3328. of the Revised Code.	48810

(G) The state board of education shall adopt rules under	48811
Chapter 119. of the Revised Code prescribing procedures necessary	48812
to implement this section.	48813

Sec. 3327.07. (A) The governing authority of a chartered	48814
nonpublic school that transports a student enrolled in the school	48815
to and from school may charge the parent or guardian of the	48816
student a fee for the transportation, if the governing authority	48817
purchased the vehicle that transports the student using no state	48818
or federal funds. The fee shall not exceed the per student cost of	48819
the transportation, as determined by the governing authority.	48820

(B) If the parent or guardian of a student who is enrolled in	48821
a chartered nonpublic school opts to receive the subsidy	48822
prescribed by section 3327.02 of the Revised Code, instead of	48823
transportation by a school district under section 3327.01 of the	48824
Revised Code, and the governing authority of the chartered	48825
nonpublic school transports the student to and from school in a	48826
vehicle that the governing authority purchased using no state or	48827
federal funds, the governing authority may charge the parent or	48828
guardian a fee for transportation.	48829

(C) The parent or guardian of a student who is enrolled in a	48830
chartered nonpublic school and is eligible for transportation by a	48831
school district under section 3327.01 of the Revised Code may	48832
decline that transportation and accept transportation from the	48833
chartered nonpublic school. The governing authority of a chartered	48834
nonpublic school may charge a fee under division (A) of this	48835
section regardless of whether a student is eligible for	48836
transportation under section 3327.01 of the Revised Code.	48837

(D) The offering by the governing authority of a chartered	48838
nonpublic school of transportation to and from the school does not	48839
relieve any school district board of education from any duty	48840
imposed by section 3327.01 of the Revised Code with respect to the	48841
chartered nonpublic school's students.	48842

Sec. 3328.27. The board of trustees of each	48843
college-preparatory boarding school shall comply with the	48844
standards for financial reporting adopted under division (B)(2) of	48845
section 3301.07 of the Revised Code.	48846

Sec. 3333.041. (A) On or before the last day of December of	48847
each year, the chancellor of the Ohio board of regents shall	48848
submit to the governor and, in accordance with section 101.68 of	48849
the Revised Code, the general assembly a report or reports	48850
concerning all of the following:	48851

(1) The status of graduates of Ohio school districts at state	48852
institutions of higher education during the twelve-month period	48853
ending on the thirtieth day of September of the current calendar	48854
year. The report shall list, by school district, the number of	48855
graduates of each school district who attended a state institution	48856
of higher education and the percentage of each district's	48857
graduates enrolled in a state institution of higher education	48858
during the reporting period who were required during such period	48859
by the college or university, as a prerequisite to enrolling in	48860
those courses generally required for first-year students, to	48861
enroll in a remedial course in English, including composition or	48862
reading, mathematics, and any other area designated by the	48863
chancellor. The chancellor also shall make the information	48864
described in division (A)(1) of this section available to the	48865
board of education of each city, exempted village, and local	48866
school district.	48867

Each state institution of higher education shall, by the	48868
first day of November of each year, submit to the chancellor in	48869
the form specified by the chancellor the information the	48870
chancellor requires to compile the report.	48871

(2) Aggregate academic growth data for students assigned to	48872
graduates of teacher preparation programs approved under section	48873
3333.048 of the Revised Code who teach English language arts or	48874
mathematics in any of grades four to eight in a public school in	48875
Ohio. For this purpose, the chancellor shall use the value-added	48876
progress dimension prescribed by section 3302.021 of the Revised	48877
Code or the alternative student academic progress measure if	48878
adopted under division (C)(1)(e) of section 3302.03 of the Revised	48879
Code. The chancellor shall aggregate the data by graduating class	48880
for each approved teacher preparation program, except that if a	48881
particular class has ten or fewer graduates to which this section	48882
applies, the chancellor shall report the data for a group of	48883
classes over a three-year period. In no case shall the report	48884
identify any individual graduate. The department of education	48885
shall share any data necessary for the report with the chancellor.	48886

(3) The following information with respect to the Ohio	48887
tuition trust authority:	48888

(a) The name of each investment manager that is a minority	48889
business enterprise or a women's business enterprise with which	48890
the chancellor contracts;	48891

(b) The amount of assets managed by investment managers that	48892
are minority business enterprises or women's business enterprises,	48893
expressed as a percentage of assets managed by investment managers	48894
with which the chancellor has contracted;	48895

(c) Efforts by the chancellor to increase utilization of	48896
investment managers that are minority business enterprises or	48897
women's business enterprises.	48898

(4) ~~The status of implementation of faculty improvement~~	48899
~~programs under section 3345.28 of the Revised Code. The report~~	48900
~~shall include, but need not be limited to, the following: the~~	48901
~~number of professional leave grants made by each institution; the~~	48902
~~purpose of each professional leave; and a statement of the cost to~~	48903
~~the institution of each professional leave, to the extent that the~~	48904
~~cost exceeds the salary of the faculty member on professional~~	48905
~~leave.~~	48906

~~(5) The number and types of biobased products purchased under~~	48907
~~section 125.092 of the Revised Code and the amount of money spent~~	48908
~~by state institutions of higher education for those biobased~~	48909
~~products as that information is provided to the chancellor under~~	48910
~~division (A) of section 3345.692 of the Revised Code.~~	48911

~~(6)~~ A description of dual enrollment programs, as defined in	48912
section 3313.6013 of the Revised Code, that are offered by school	48913
districts, community schools established under Chapter 3314. of	48914
the Revised Code, STEM schools established under Chapter 3326. of	48915
the Revised Code, college-preparatory boarding schools established	48916
under Chapter 3328. of the Revised Code, and chartered nonpublic	48917
high schools. The chancellor also shall post the information on	48918
the chancellor's web site.	48919

~~(7) The academic and economic impact of the Ohio innovation~~	48920
~~partnership established under section 3333.61 of the Revised Code.~~	48921
~~At a minimum, the report shall include the following:~~	48922

~~(a) Progress and performance metrics for each initiative that~~	48923
~~received an award in the previous fiscal year;~~	48924

~~(b) Economic indicators of the impact of each initiative, and~~	48925
~~all initiatives as a whole, on the regional economies and the~~	48926
~~statewide economy;~~	48927

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	48928
first scholarships, as established under section 3333.61 of the	48929
Revised Code, among state universities and colleges and how the	48930
actual awards fit that strategy.	48931

~~(8)~~(6) The academic and economic impact of the Ohio	48932
co-op/internship program established under section 3333.72 of the	48933
Revised Code. At a minimum, the report shall include the	48934
following:	48935

(a) Progress and performance metrics for each initiative that	48936
received an award in the previous fiscal year;	48937

(b) Economic indicators of the impact of each initiative, and	48938
all initiatives as a whole, on the regional economies and the	48939
statewide economy;	48940

(c) The chancellor's strategy in allocating awards among	48941
state institutions of higher education and how the actual awards	48942
fit that strategy.	48943

(B) As used in this section:

48944

(1) "Minority business enterprise" has the same meaning as in	48945
section 122.71 of the Revised Code.	48946

(2) "State institution of higher education" and "state	48947
university" have the same meanings as in section 3345.011 of the	48948
Revised Code.	48949

(3) "State university or college" has the same meaning as in	48950
section 3345.12 of the Revised Code.	48951

(4) "Women's business enterprise" means a business, or a	48952
partnership, corporation, limited liability company, or joint	48953
venture of any kind, that is owned and controlled by women who are	48954
United States citizens and residents of this state.	48955

Sec. 3333.049. No nonprofit institution that holds a	48956
certificate of authorization issued under Chapter 1713. of the	48957
Revised Code shall be liable for a breach of confidentiality	48958
arising from the institution's submission of student data or	48959
records to the board of regents or any other state agency in	48960
compliance with any law, rule, or regulation, provided that the	48961
breach occurs as a result of one of the following:	48962

(A) An action by a third party during and after the	48963
transmission of the data or records by the institution but prior	48964
to receipt of the data or records by the board of regents or other	48965
state agency;	48966

(B) An action by the board of regents or the state agency.

48967

This provision shall apply to the submission of any student	48968
data or records that are subject to any laws of this state or, to	48969
the extent permitted, any federal law, including the "Family	48970
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	48971
U.S.C. 1232g.	48972

Sec. 3333.124. There is hereby created in the state treasury	48973
the Ohio college opportunity grant program reserve fund. Not later	48974
than the first day of July of each fiscal year, the chancellor of	48975
the Ohio board of regents shall certify to the director of budget	48976
and management the unencumbered balance of the general revenue	48977
fund appropriations made in the immediately preceding fiscal year	48978
for purposes of the Ohio college opportunity grant program created	48979
in section 3333.122 of the Revised Code. Upon receipt of the	48980
certification, the director may transfer an amount not exceeding	48981
the certified amount from the general revenue fund to the Ohio	48982
college opportunity grant program reserve fund. Moneys in the Ohio	48983
college opportunity grant program reserve fund shall be used to	48984
pay grant obligations in excess of the general revenue fund	48985
appropriations made for that purpose.	48986

The director may transfer any unencumbered balance from the	48987
Ohio college opportunity grant program reserve fund to the general	48988
revenue fund.	48989

Sec. 3333.342. (A) The chancellor of the Ohio board of	48990
regents may designate a "certificate of value" for a certificate	48991
program at any adult career-technical education institution or	48992
state institution of higher education, as defined under section	48993
3345.011 of the Revised Code, based on the standards adopted under	48994
division (B) of this section.	48995

(B) The chancellor shall develop standards for designation of	48996
the certificates of value for certificate programs at adult	48997
career-technical education institutions and state institutions of	48998
higher education. The standards shall include at least the	48999
following considerations:	49000

(1) The quality of the certificate program;

49001

(2) The ability to transfer agreed-upon technical courses	49002
completed through an adult career-technical education institution	49003
to a state institution of higher education without unnecessary	49004
duplication or institutional barriers;	49005

(3) The extent to which the certificate program encourages a	49006
student to obtain an associate's or bachelor's degree;	49007

(4) The extent to which the certificate program increases a	49008
student's likelihood to complete other certificate programs or an	49009
associate's or bachelor's degree;	49010

(5) The ability of the certificate program to meet the	49011
expectations of the workplace and higher education;	49012

(6) The extent to which the certificate program is aligned	49013
with the strengths of the regional economy;	49014

(7) The extent to which the certificate program increases the	49015
amount of individuals who remain in or enter the state's	49016
workforce;	49017

(8) The extent of a certificate program's relationship with	49018
private companies in the state to fill potential job growth.	49019

(C) The designation of a certificate of value under this	49020
section shall expire six years after its designation date.	49021

(D) The chancellor may revoke a designation prior to its	49022
expiration date if the chancellor determines that the program no	49023
longer complies with the standards developed under division (B) of	49024
this section.	49025

(E) Any revocation of a certificate of value under this	49026
section shall become effective one hundred eighty days after the	49027
date the revocation was declared by the chancellor.	49028

(F) Any adult career-technical education institution or state	49029
institution of higher education that desires to be eligible to	49030
receive a designation of certificate of value for one or more of	49031
its certificate programs shall comply with all records and data	49032
requests required by the chancellor.	49033

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

49034

(1) "Allocated state share of instruction" means, for any	49035
fiscal year, the amount of the state share of instruction	49036
appropriated to the Ohio board of regents by the general assembly	49037
that is allocated to a community or technical college or community	49038
or technical college district for such fiscal year.	49039

(2) "Issuing authority" has the same meaning as in section	49040
154.01 of the Revised Code.	49041

(3) "Bond service charges" has the same meaning as in section	49042
154.01 of the Revised Code.	49043

(4) "Chancellor" means the chancellor of the Ohio board of	49044
regents.	49045

(5) "Community or technical college" or "college" means any	49046
of the following state-supported or state-assisted institutions of	49047
higher education:	49048

(a) A community college as defined in section 3354.01 of the	49049
Revised Code;	49050

(b) A technical college as defined in section 3357.01 of the	49051
Revised Code;	49052

(c) A state community college as defined in section 3358.01	49053
of the Revised Code.	49054

(6) "Community or technical college district" or "district"	49055
means any of the following institutions of higher education that	49056
are state-supported or state-assisted:	49057

(a) A community college district as defined in section	49058
3354.01 of the Revised Code;	49059

(b) A technical college district as defined in section	49060
3357.01 of the Revised Code;	49061

(c) A state community college district as defined in section	49062
3358.01 of the Revised Code.	49063

(7) "Credit enhancement facilities" has the same meaning as	49064
in section 133.01 of the Revised Code.	49065

(8) "Obligations" has the meaning as in section 154.01 or	49066
3345.12 of the Revised Code, as the context requires.	49067

(B) The board of trustees of any community or technical	49068
college district authorizing the issuance of obligations under	49069
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	49070
Revised Code, or for whose benefit and on whose behalf the issuing	49071
authority proposes to issue obligations under section 154.25 of	49072
the Revised Code, may adopt a resolution requesting the chancellor	49073
to enter into an agreement with the community or technical college	49074
district and the primary paying agent or fiscal agent for such	49075
obligations, providing for the withholding and deposit of funds	49076
otherwise due the district or the community or technical college	49077
it operates in respect of its allocated state share of	49078
instruction, for the payment of bond service charges on such	49079
obligations.	49080

The board of trustees shall deliver to the chancellor a copy	49081
of the resolution and any additional pertinent information the	49082
chancellor may require.	49083

The chancellor and the office of budget and management, and	49084
the issuing authority in the case of obligations to be issued by	49085
the issuing authority, shall evaluate each request received from a	49086
community or technical college district under this section. The	49087
chancellor, with the advice and consent of the director of budget	49088
and management and the issuing authority in the case of	49089
obligations to be issued by the issuing authority, shall approve	49090
each request if all of the following conditions are met:	49091

(1) Approval of the request will enhance the marketability of	49092
the obligations for which the request is made;	49093

(2) The chancellor and the office of budget and management,	49094
and the issuing authority in the case of obligations to be issued	49095
by the issuing authority, have no reason to believe the requesting	49096
community or technical college district or the community or	49097
technical college it operates will be unable to pay when due the	49098
bond service charges on the obligations for which the request is	49099
made, and bond service charges on those obligations are therefore	49100
not anticipated to be paid pursuant to this section from the	49101
allocated state share of instruction for purposes of Section 17 of	49102
Article VIII, Ohio Constitution.	49103

(3) Any other pertinent conditions established in rules	49104
adopted under division (H) of this section.	49105

(C) If the chancellor approves the request of a community or	49106
technical college district to withhold and deposit funds pursuant	49107
to this section, the chancellor shall enter into a written	49108
agreement with the district and the primary paying agent or fiscal	49109
agent for the obligations, which agreement shall provide for the	49110
withholding of funds pursuant to this section for the payment of	49111
bond service charges on those obligations. The agreement may also	49112
include both of the following:	49113

(1) Provisions for certification by the district to the	49114
chancellor, prior to the deadline for payment of the applicable	49115
bond service charges, whether the district and the community or	49116
technical college it operates are able to pay those bond service	49117
charges when due;	49118

(2) Requirements that the district or the community or	49119
technical college it operates deposits amounts for the payment of	49120
those bond service charges with the primary paying agent or fiscal	49121
agent for the obligations prior to the date on which the bond	49122
service charges are due to the owners or holders of the	49123
obligations.	49124

(D) Whenever a district or the community or technical college	49125
it operates notifies the chancellor that it will not be able to	49126
pay the bond service charges when they are due, subject to the	49127
withholding provisions of this section, or whenever the applicable	49128
paying agent or fiscal agent notifies the chancellor that it has	49129
not timely received from a district or from the college it	49130
operates the full amount needed for payment of the bond service	49131
charges when due to the holders or owners of such obligations, the	49132
chancellor shall immediately contact the district or college and	49133
the paying agent or fiscal agent to confirm that the district and	49134
the college are not able to make the required payment by the date	49135
on which it is due.	49136

If the chancellor confirms that the district and the college	49137
are not able to make the payment and the payment will not be made	49138
pursuant to a credit enhancement facility, the chancellor shall	49139
promptly pay to the applicable primary paying agent or fiscal	49140
agent the lesser of the amount due for bond service charges or the	49141
amount of the next periodic distribution scheduled to be made to	49142
the district or to the college in respect of its allocated state	49143
share of instruction. If this amount is insufficient to pay the	49144
total amount then due the agent for the payment of bond service	49145
charges, the chancellor shall continue to pay to the agent from	49146
each periodic distribution thereafter, and until the full amount	49147
due the agent for unpaid bond service charges is paid in full, the	49148
lesser of the remaining amount due the agent for bond service	49149
charges or the amount of the next periodic distribution scheduled	49150
to be made to the district or college in respect of its allocated	49151
state share of instruction.	49152

(E) The chancellor may make any payments under this section	49153
by direct deposit of funds by electronic transfer.	49154

Any amount received by a paying agent or fiscal agent under	49155
this section shall be applied only to the payment of bond service	49156
charges on the obligations of the community or technical college	49157
district or community or technical college subject to this section	49158
or to the reimbursement of the provider of a credit enhancement	49159
facility that has paid the bond service charges.	49160

(F) The chancellor may make payments under this section to	49161
paying agents or fiscal agents during any fiscal biennium of the	49162
state only from and to the extent that money is appropriated to	49163
the board of regents by the general assembly for distribution	49164
during such biennium for the state share of instruction and only	49165
to the extent that a portion of the state share of instruction has	49166
been allocated to the community or technical college district or	49167
community or technical college. Obligations of the issuing	49168
authority or of a community or technical college district to which	49169
this section is made applicable do not constitute an obligation or	49170
a debt or a pledge of the faith, credit, or taxing power of the	49171
state, and the holders or owners of those obligations have no	49172
right to have excises or taxes levied or appropriations made by	49173
the general assembly for the payment of bond service charges on	49174
the obligations, and the obligations shall contain a statement to	49175
that effect. The agreement for or the actual withholding and	49176
payment of money under this section does not constitute the	49177
assumption by the state of any debt of a community or technical	49178
college district or a community or technical college, and bond	49179
service charges on the related obligations are not anticipated to	49180
be paid from the state general revenue fund for purposes of	49181
Section 17 of Article VIII, Ohio Constitution.	49182

(G) In the case of obligations subject to the withholding	49183
provisions of this section, the issuing community or technical	49184
college district, or the issuing authority in the case of	49185
obligations issued by the issuing authority, shall appoint a	49186
paying agent or fiscal agent who is not an officer or employee of	49187
the district or college.	49188

(H) The chancellor, with the advice and consent of the office	49189
of budget and management, may adopt reasonable rules not	49190
inconsistent with this section for the implementation of this	49191
section to secure payment of bond service charges on obligations	49192
issued by a community or technical college district or by the	49193
issuing authority for the benefit of a community or technical	49194
college district or the community or technical college it	49195
operates. Those rules shall include criteria for the evaluation	49196
and approval or denial of community or technical college district	49197
requests for withholding under this section.	49198

(I) The authority granted by this section is in addition to	49199
and not a limitation on any other authorizations granted by or	49200
pursuant to law for the same or similar purposes.	49201

Sec. 3333.613. There is hereby created in the state treasury	49202
the choose Ohio first scholarship reserve fund. Not later than the	49203
first day of July of each fiscal year, the chancellor of the Ohio	49204
board of regents shall certify to the director of budget and	49205
management the unencumbered balance of the general revenue fund	49206
appropriations made in the immediately preceding fiscal year for	49207
purposes of the choose Ohio first scholarship program created in	49208
section 3333.61 of the Revised Code. Upon receipt of the	49209
certification, the director may transfer an amount not exceeding	49210
the certified amount from the general revenue fund to the choose	49211
Ohio first scholarship reserve fund. Moneys in the choose Ohio	49212
first scholarship reserve fund shall be used to pay scholarship	49213
obligations in excess of the general revenue fund appropriations	49214
made for that purpose.	49215

The director may transfer any unencumbered balance from the	49216
choose Ohio first scholarship reserve fund to the general revenue	49217
fund.	49218

Sec. 3333.82. (A) The chancellor of the Ohio board of	49219
regents shall establish a clearinghouse of interactive distance	49220
learning courses and other distance learning courses delivered via	49221
a computer-based method offered by school districts, community	49222
schools, STEM schools, state institutions of higher education,	49223
private colleges and universities, and other nonprofit and	49224
for-profit course providers for sharing with other school	49225
districts, community schools, STEM schools, state institutions of	49226
higher education, private colleges and universities, and	49227
individuals for the fee set pursuant to section 3333.84 of the	49228
Revised Code. The chancellor shall not be responsible for the	49229
content of courses offered through the clearinghouse; however, all	49230
such courses shall be delivered only in accordance with technical	49231
specifications approved by the chancellor and on a common	49232
statewide platform administered by the chancellor.	49233

The clearinghouse's distance learning program for students in	49234
grades kindergarten to twelve shall be based on the following	49235
principles:	49236

(1) All Ohio students shall have access to high quality	49237
distance learning courses at any point in their educational	49238
careers.	49239

(2) All students shall be able to customize their education	49240
using distance learning courses offered through the clearinghouse	49241
and no student shall be denied access to any course in the	49242
clearinghouse in which the student is eligible to enroll.	49243

(3) Students may take distance learning courses for all or	49244
any portion of their curriculum requirements and may utilize a	49245
combination of distance learning courses and courses taught in a	49246
traditional classroom setting.	49247

(4) Students may earn an unlimited number of academic credits	49248
through distance learning courses.	49249

(5) Students may take distance learning courses at any time	49250
of the calendar year.	49251

(6) Student advancement to higher coursework shall be based	49252
on a demonstration of subject area competency instead of	49253
completion of any particular number of hours of instruction.	49254

(B) To offer a course through the clearinghouse, a course	49255
provider shall apply to the chancellor in a form and manner	49256
prescribed by the chancellor. The application for each course	49257
shall describe the course of study in as much detail as required	49258
by the chancellor, whether an instructor is provided, the	49259
qualification and credentials of the instructor, the number of	49260
hours of instruction, and any other information required by the	49261
chancellor. The chancellor may require course providers to include	49262
in their applications information recommended by the state board	49263
of education under former section 3353.30 of the Revised Code.	49264

(C) The chancellor shall review the technical specifications	49265
of each application submitted under division (B) of this section.	49266
In reviewing applications, the chancellor may consult with the	49267
department of education; however, the responsibility to either	49268
approve or not approve a course for the clearinghouse belongs to	49269
the chancellor. The chancellor may request additional information	49270
from a course provider that submits an application under division	49271
(B) of this section, if the chancellor determines that such	49272
information is necessary. The chancellor may negotiate changes in	49273
the proposal to offer a course, if the chancellor determines that	49274
changes are necessary in order to approve the course.	49275

(D) The chancellor shall catalog each course approved for the	49276
clearinghouse, through a print or electronic medium, displaying	49277
the following:	49278

(1) Information necessary for a student and the student's	49279
parent, guardian, or custodian and the student's school district,	49280
community school, STEM school, college, or university to decide	49281
whether to enroll in or subscribe to the course;	49282

(2) Instructions for enrolling in that course, including	49283
deadlines for enrollment.	49284

(E) Any expenses related to the installation of a course into	49285
the common statewide platform shall be borne by the course	49286
provider.	49287

(F) ~~The eTech Ohio commission, in consultation with the~~	49288
~~chancellor and the state board~~, shall distribute information to	49289
students and parents describing the clearinghouse. The information	49290
shall be provided in an easily understandable formatThe	49291
chancellor may contract with an entity to perform any or all of	49292
the chancellor's duties under sections 3333.81 to 3333.88 of the	49293
Revised Code.	49294

~~Sec. 3353.01.~~ Sec. 3333.89. As used in ~~this chapter~~sections	49295
3333.90 to 3333.92 of the Revised Code:	49296

(A) "Educational television or radio" means television or	49297
radio programs which serve the educational needs of the community	49298
and which meet the requirements of the federal communications	49299
commission for noncommercial educational television or radio.	49300

(B) "Educational telecommunications network" means a system	49301
of connected educational television, radio, or radio reading	49302
service facilities and coordinated programs established and	49303
operated or controlled by the ~~eTech~~chancellor of the Ohio	49304
~~commission~~board of regents, pursuant to ~~this chapter~~sections	49305
3333.90 to 3333.92 of the Revised Code.	49306

(C) "Transmission" means the sending out of television,	49307
radio, or radio reading service programs, either directly to the	49308
public, or to broadcasting stations or services for simultaneous	49309
broadcast or rebroadcast.	49310

(D) "Transmission facilities" means structures, equipment,	49311
material, and services used in the transmission of educational	49312
television, radio, or radio reading service programs.	49313

(E) "Interconnection facilities" means the equipment,	49314
material, and services used to link one location to another	49315
location or to several locations by means of telephone line,	49316
coaxial cable, microwave relays, or other available technologies.	49317

(F) "Broadcasting station" means a properly licensed	49318
noncommercial educational television or radio station,	49319
appropriately staffed and equipped to produce programs or lessons	49320
and to broadcast programs.	49321

(G) "Radio reading service" means a nonprofit organization	49322
that disseminates news and other information to blind and	49323
physically handicapped persons.	49324

(H) "Affiliate" means an educational telecommunication	49325
entity, including a television or radio broadcasting station or	49326
radio reading service.	49327

Sec. 3333.90. (A) The chancellor of the Ohio board of	49328
regents shall do all of the following regarding the management and	49329
oversight of the state's educational telecommunications	49330
activities:	49331

(1) Own or operate transmission facilities and	49332
interconnection facilities, or contract for transmission	49333
facilities and interconnection facilities, for an educational	49334
television, radio, or radio reading service network;	49335

(2) Establish standards for interconnection facilities used	49336
by the chancellor in the transmission of educational television,	49337
radio, or radio reading service programming;	49338

(3) Enter into agreements with noncommercial educational	49339
television or radio broadcasting stations or radio reading	49340
services for the operation of the interconnection;	49341

(4) Enter into agreements with noncommercial educational	49342
television or radio broadcasting stations or radio reading	49343
services for the production and use of educational television,	49344
radio, or radio reading service programs to be transmitted by the	49345
educational telecommunications network;	49346

(5) Act as consultant with educational television and	49347
educational radio stations and radio reading services toward	49348
coordination within the state of the distribution of federal funds	49349
that may become available for equipment for educational	49350
broadcasting or radio reading services;	49351

(6) Make payments to noncommercial Ohio educational	49352
television or radio broadcasting stations or radio reading	49353
services to sustain the operation of such stations or services;	49354

(7) Execute contracts and other agreements necessary and	49355
desirable to carry out the purposes of this section.	49356

(B) Sections 9.331 to 9.335 and Chapters 123., 124., 125.,	49357
and 153. of the Revised Code do not apply to contracts, programs,	49358
projects, or activities of the chancellor carried out under this	49359
section.	49360

(C) All employees of the former eTech Ohio commission who	49361
transferred to the office of the chancellor, as a result of the	49362
transfer to the chancellor of the state's educational	49363
telecommunications activities, and who when employed by that	49364
commission or a predecessor agency were included in a bargaining	49365
unit established under Chapter 4117. of the Revised Code, shall	49366
continue to be included in that bargaining unit, are public	49367
employees as defined in section 4117.01 of the Revised Code, and	49368
may collectively bargain with the chancellor in accordance with	49369
that chapter. Otherwise, any employee hired by the chancellor	49370
after the abolishment of the commission, either to fill vacancies	49371
or to fill new positions related to the chancellor's duties under	49372
this section, shall be exempt from Chapter 4117. of the Revised	49373
Code and shall not be public employees as defined in section	49374
4117.01 of the Revised Code.	49375

~~Sec. 3353.05.~~ Sec. 3333.91. Any taxing authority as defined in	49376
section 5705.01 of the Revised Code located in a county may pay to	49377
any noncommercial educational television or radio broadcasting	49378
station or radio reading service located in the county or serving	49379
any part of the county an amount not to exceed five cents annually	49380
on each one thousand dollars of the total value of all property	49381
within the county as listed and assessed for taxation at the close	49382
of the fiscal year immediately preceding the year in which the	49383
payment is made.	49384

~~Sec. 3353.06.~~ Sec. 3333.92. (A) The affiliates services fund is	49385
hereby created in the state treasury. The ~~eTech Ohio commission~~	49386
chancellor of the Ohio board of regents shall deposit any money it	49387
receives for services provided to affiliates to the credit of the	49388
fund, including:	49389

(1) Reimbursements for services provided to stations;

49390

(2) Charges levied for maintenance of telecommunications,	49391
broadcasting, or transmission equipment;	49392

(3) Contract or grant payments from affiliates.

49393

(B) The ~~commission~~chancellor shall use money credited to the	49394
affiliates services fund for any commission operating purposes,	49395
including:	49396

(1) The purchase, repair, or maintenance of	49397
telecommunications, broadcasting, or transmission equipment;	49398

(2) The purchase or lease of educational programming;

49399

(3) The purchase of tape and maintenance of a media library;

49400

(4) Professional development programs and services;

49401

(5) Administrative expenses.

49402

~~Sec. 3353.07.~~ Sec. 3333.93. (A) There is hereby created the Ohio	49403
government telecommunications service. The Ohio government	49404
telecommunications service shall provide the state government and	49405
affiliated organizations with multimedia support including audio,	49406
visual, and internet services, multimedia streaming, and hosting	49407
multimedia programs.	49408

Services relating to the official activities of the general	49409
assembly and the executive offices provided by the Ohio government	49410
telecommunications service shall be funded through grants to a	49411
public television broadcasting station that will manage the staff	49412
and provide the services of the Ohio government telecommunications	49413
service. The Ohio educational television stations shall select a	49414
member station to manage the Ohio government telecommunications	49415
service. The Ohio government telecommunications service shall	49416
receive grants from, or contract with, any of the three branches	49417
of Ohio government, and their affiliates, to provide additional	49418
services. Services provided by the Ohio government	49419
telecommunications service shall not be used for political	49420
purposes included in campaign materials, or otherwise used to	49421
influence an election, legislation, issue, judicial decision, or	49422
other policy of state government.	49423

(B)(1) There is hereby created the legislative programming	49424
committee of the Ohio government telecommunications service that	49425
shall consist of the president of the senate, speaker of the house	49426
of representatives, minority leader of the senate, and minority	49427
leader of the house of representatives, or their designees, and	49428
the clerks of the senate and house of representatives as	49429
nonvoting, ex officio members. By a vote of a majority of its	49430
members, the program committee may add additional members to the	49431
committee.	49432

(2) The legislative programming committee shall adopt rules	49433
that govern the operation of the Ohio government	49434
telecommunications service relating to the general assembly and	49435
any affiliated organizations.	49436

~~Sec. 3353.11.~~ Sec. 3333.94. There is hereby created in the state	49437
treasury the governmental telecommunications operating fund. The	49438
fund shall consist of money received from contract services of the	49439
Ohio government telecommunications service and shall be used for	49440
operations or equipment breakdowns related to the service. Only	49441
the Ohio government telecommunications service may authorize the	49442
spending of money in the fund. All investment earnings of the fund	49443
shall be credited to the fund. Once the fund has a balance of	49444
zero, the fund shall cease to exist.	49445

Sec. 3335.35. There is hereby created the ~~"Ohio cooperative~~	49446
OSU extension ~~service~~ fund," which shall be under the custody and	49447
control of the board of trustees of the Ohio state university and	49448
shall consist of all moneys appropriated, given, granted, or	49449
bequeathed to the university for the use of ~~the Ohio cooperative~~	49450
OSU extension ~~service~~ by the United States, this state, any	49451
political subdivision of this state, or any person. The board	49452
shall have responsibility for expenditure of all moneys in the	49453
fund in accordance with state and federal law and memoranda of	49454
agreement between the university and the United States department	49455
of agriculture.	49456

Sec. 3335.36. The board of trustees of the Ohio state	49457
university may employ such employees as it considers appropriate	49458
for the conduct of educational programs of ~~the Ohio cooperative~~	49459
OSU extension ~~service~~ and may provide for the payment from the	49460
~~Ohio cooperative~~OSU extension ~~service~~ fund created by section	49461
3335.35 of the Revised Code of reasonable compensation to such	49462
employees and of reasonable expenses incurred by them in the	49463
discharge of their duties, including expenses of travel and of	49464
maintaining, equipping, and supplying their offices.	49465

The employees shall cooperate with the department of	49466
agriculture, the Ohio agricultural research and development	49467
center, the department of education, and the United States	49468
department of agriculture, for the purpose of making available the	49469
educational materials of ~~the~~OSU extension ~~service~~. ~~Such~~The	49470
employees shall represent the university and shall conduct	49471
educational activities related to agriculture, natural resources,	49472
~~home economics~~community development, family ~~living~~and consumer	49473
sciences, and 4-H programs for the citizens of this state through	49474
personal instruction, bulletins, practical demonstrations, mass	49475
media, and otherwise, subject to such rules as may be prescribed	49476
by the board of trustees of the university. ~~Such~~The employees	49477
shall have offices provided by the county or other political	49478
subdivision in which they serve in which bulletins and other	49479
educational materials of value to the people may be consulted and	49480
through which the employees may be reached.	49481

The board of trustees of the Ohio state university may hire	49482
or use employees of ~~the Ohio cooperative~~OSU extension ~~service~~ to	49483
carry out the functions and duties of a director of economic	49484
development under division (B) of section 307.07 of the Revised	49485
Code pursuant to any agreement with a county under division (A)(2)	49486
of section 307.07 of the Revised Code.	49487

Sec. 3335.37. The board of county commissioners of any	49488
county may levy a tax, within the limitations prescribed by law,	49489
and appropriate money from the proceeds thereof or from the	49490
general fund of the county to be paid to the Ohio state university	49491
to the credit of the ~~Ohio cooperative~~OSU extension ~~service~~ fund	49492
created by section 3335.35 of the Revised Code and expended for	49493
the purposes prescribed in section 3335.36 of the Revised Code for	49494
the benefit of the citizens of ~~such~~that county. Any money paid	49495
into the fund under this section that aggregates more than ten per	49496
cent of the county appropriation in the preceding year and that	49497
remains unexpended for two years from the time of ~~such~~the payment	49498
shall be returned to the county from which it came unless the	49499
board of county commissioners determines by resolution to	49500
contribute it to ~~the Ohio cooperative~~OSU extension ~~service~~ for	49501
general purposes.	49502

Sec. 3335.38. The board of trustees of the Ohio state	49503
university shall establish a farm financial management institute	49504
in ~~the Ohio cooperative~~OSU extension ~~service~~ to train interested	49505
and qualified persons to assist farmers needing help with farm	49506
financial management problems.	49507

Participation shall be open to all interested persons, but	49508
the following persons shall be given priority as to enrollment:	49509
employees or representatives of banks and other farm credit	49510
agencies, agricultural teachers, and faculty and employees of the	49511
Ohio state university and ~~the Ohio cooperative~~OSU extension	49512
~~service~~ who agree to assist Ohio farmers in completing and	49513
understanding the coordinated financial statement and other	49514
subjects. A fee may be charged participants, as determined by ~~the~~	49515
OSU extension ~~service~~, but may be waived for those participants	49516
granted priority status at enrollment.	49517

Sec. 3345.05. (A) All registration fees, nonresident tuition	49518
fees, academic fees for the support of off-campus instruction,	49519
laboratory and course fees when so assessed and collected, student	49520
health fees for the support of a student health service, all other	49521
fees, deposits, charges, receipts, and income from all or part of	49522
the students, all subsidy or other payments from state	49523
appropriations, and all other fees, deposits, charges, receipts,	49524
income, and revenue received by each state institution of higher	49525
education, the Ohio state university hospitals and their ancillary	49526
facilities, the Ohio agricultural research and development center,	49527
and ~~the Ohio state university cooperative~~OSU extension ~~service~~	49528
shall be held and administered by the respective boards of	49529
trustees of the state institution of higher education; provided,	49530
that such fees, deposits, charges, receipts, income and revenue,	49531
to the extent required by resolutions, trust agreements,	49532
indentures, leases, and agreements adopted, made, or entered into	49533
under Chapter 154. or section 3345.07, 3345.11, or 3345.12 of the	49534
Revised Code, shall be held, administered, transferred, and	49535
applied in accordance therewith.	49536

(B) The Ohio board of regents shall require annual reporting	49537
by the Ohio agricultural research and development center and by	49538
each university and college receiving state aid in such form and	49539
detail as determined by the board in consultation with such	49540
center, universities and colleges, and the director of budget and	49541
management.	49542

(C) Notwithstanding any provision of the Revised Code to the	49543
contrary, the title to investments made by the board of trustees	49544
of a state institution of higher education with funds derived from	49545
any of the sources described in division (A) of this section shall	49546
not be vested in the state or the political subdivision but shall	49547
be held in trust by the board. Such investments shall be made	49548
pursuant to an investment policy adopted by the board in public	49549
session that requires all fiduciaries to discharge their duties	49550
with the care, skill, prudence, and diligence under the	49551
circumstances then prevailing that a prudent person acting in like	49552
capacity and familiar with such matters would use in the conduct	49553
of an enterprise of a like character and with like aims. The	49554
policy also shall require at least the following:	49555

(1) A stipulation that investment of at least twenty-five per	49556
cent of the average amount of the investment portfolio over the	49557
course of the previous fiscal year be invested in securities of	49558
the United States government or of its agencies or	49559
instrumentalities, the treasurer of state's pooled investment	49560
program, obligations of this state or any political subdivision of	49561
this state, certificates of deposit of any national bank located	49562
in this state, written repurchase agreements with any eligible	49563
Ohio financial institution that is a member of the federal reserve	49564
system or federal home loan bank, money market funds, or bankers	49565
acceptances maturing in two hundred seventy days or less which are	49566
eligible for purchase by the federal reserve system, as a reserve;	49567

(2) Eligible funds above those that meet the conditions of	49568
division (C)(1) of this section may be pooled with other	49569
institutional funds and invested in accordance with section	49570
1715.52 of the Revised Code.	49571

(3) The establishment of an investment committee.

49572

(D) The investment committee established under division	49573
(C)(3) of this section shall meet at least quarterly. The	49574
committee shall review and recommend revisions to the board's	49575
investment policy and shall advise the board on its investments	49576
made under division (C) of this section in an effort to assist it	49577
in meeting its obligations as a fiduciary as described in division	49578
(C) of this section. The committee shall be authorized to retain	49579
the services of an investment advisor who meets both of the	49580
following qualifications:	49581

(1) The advisor is either:

49582

(a) Licensed by the division of securities under section	49583
1707.141 of the Revised Code;	49584

(b) Registered with the securities and exchange commission.

49585

(2) The advisor either:

49586

(a) Has experience in the management of investments of public	49587
funds, especially in the investment of state-government investment	49588
portfolios;	49589

(b) Is an eligible institution referenced in section 135.03	49590
of the Revised Code.	49591

(E) As used in this section, "state institution of higher	49592
education" means a state institution of higher education as	49593
defined in section 3345.011 of the Revised Code.	49594

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	49595
section, a graduate of the twelfth grade shall be entitled to	49596
admission without examination to any college or university which	49597
is supported wholly or in part by the state, but for unconditional	49598
admission may be required to complete such units not included in	49599
the graduate's high school course as may be prescribed, not less	49600
than two years prior to the graduate's entrance, by the faculty of	49601
the institution.	49602

(B) Beginning with the 2014-2015 academic year, each state	49603
university listed in section 3345.011 of the Revised Code, except	49604
for Central state university, Shawnee state university, and	49605
Youngstown state university, shall permit a resident of this state	49606
who entered ninth grade for the first time on or after July 1,	49607
2010, to begin undergraduate coursework at the university only if	49608
the person has successfully completed the Ohio core curriculum for	49609
high school graduation prescribed in division (C) of section	49610
3313.603 of the Revised Code, unless one of the following applies:	49611

(1) The person has earned at least ten semester hours, or the	49612
equivalent, at a community college, state community college,	49613
university branch, technical college, or another post-secondary	49614
institution except a state university to which division (B) of	49615
this section applies, in courses that are college-credit-bearing	49616
and may be applied toward the requirements for a degree. The	49617
university shall grant credit for successful completion of those	49618
courses pursuant to any applicable articulation and transfer	49619
policy of the Ohio board of regents or any agreements the	49620
university has entered into in accordance with policies and	49621
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	49622
the Revised Code. The university may count college credit that the	49623
student earned while in high school through the post-secondary	49624
enrollment options program under Chapter 3365. of the Revised	49625
Code, or through other dual enrollment programs, toward the	49626
requirements of division (B)(1) of this section if the credit may	49627
be applied toward a degree.	49628

(2) The person qualified to graduate from high school under	49629
division (D) or (F) of section 3313.603 of the Revised Code and	49630
has successfully completed the topics or courses that the person	49631
lacked to graduate under division (C) of that section at any	49632
post-secondary institution or at a summer program at the state	49633
university. A state university may admit a person for enrollment	49634
contingent upon completion of such topics or courses or summer	49635
program.	49636

(3) The person met the high school graduation requirements by	49637
successfully completing the person's individualized education	49638
program developed under section 3323.08 of the Revised Code.	49639

~~(3)~~(4) The person is receiving or has completed the final	49640
year of instruction at home as authorized under section 3321.04 of	49641
the Revised Code, or has graduated from a nonchartered, nonpublic	49642
school in Ohio, and demonstrates mastery of the academic content	49643
and skills in reading, writing, and mathematics needed to	49644
successfully complete introductory level coursework at an	49645
institution of higher education and to avoid remedial coursework.	49646

~~(4)~~(5) The person is a high school student participating in	49647
the post-secondary enrollment options program under Chapter 3365.	49648
of the Revised Code or another dual enrollment program.	49649

(C) A state university subject to division (B) of this	49650
section may delay admission for or admit conditionally an	49651
undergraduate student who has successfully completed the Ohio core	49652
curriculum if the university determines the student requires	49653
academic remedial or developmental coursework. The university may	49654
delay admission pending, or make admission conditional upon, the	49655
student's successful completion of the academic remedial or	49656
developmental coursework at a university branch, community	49657
college, state community college, or technical college.	49658

(D) This section does not deny the right of a college of law,	49659
medicine, or other specialized education to require college	49660
training for admission, or the right of a department of music or	49661
other art to require particular preliminary training or talent.	49662

Sec. 3345.12. (A) As used in this section and sections	49663
3345.07 and 3345.11 of the Revised Code, in other sections of the	49664
Revised Code that make reference to this section unless the	49665
context does not permit, and in related bond proceedings unless	49666
otherwise expressly provided:	49667

(1) "State university or college" means each of the state	49668
universities identified in section 3345.011 of the Revised Code	49669
and the northeast Ohio medical university, and includes its board	49670
of trustees.	49671

(2) "Institution of higher education" or "institution" means	49672
a state university or college, or a community college district,	49673
technical college district, university branch district, or state	49674
community college, and includes the applicable board of trustees	49675
or, in the case of a university branch district, any other	49676
managing authority.	49677

(3) "Housing and dining facilities" means buildings,	49678
structures, and other improvements, and equipment, real estate,	49679
and interests in real estate therefor, to be used for or in	49680
connection with dormitories or other living quarters and	49681
accommodations, or related dining halls or other food service and	49682
preparation facilities, for students, members of the faculty,	49683
officers, or employees of the institution of higher education, and	49684
their spouses and families.	49685

(4) "Auxiliary facilities" means buildings, structures, and	49686
other improvements, and equipment, real estate, and interests in	49687
real estate therefor, to be used for or in connection with student	49688
activity or student service facilities, housing and dining	49689
facilities, dining halls, and other food service and preparation	49690
facilities, vehicular parking facilities, bookstores, athletic and	49691
recreational facilities, faculty centers, auditoriums, assembly	49692
and exhibition halls, hospitals, infirmaries and other medical and	49693
health facilities, research, and continuing education facilities.	49694

(5) "Education facilities" means buildings, structures, and	49695
other improvements, and equipment, real estate, and interests in	49696
real estate therefor, to be used for or in connection with,	49697
classrooms or other instructional facilities, libraries,	49698
administrative and office facilities, and other facilities, other	49699
than auxiliary facilities, to be used directly or indirectly for	49700
or in connection with the conduct of the institution of higher	49701
education.	49702

(6) "Facilities" means housing and dining facilities,	49703
auxiliary facilities, or education facilities, and includes any	49704
one, part of, or any combination of such facilities, and further	49705
includes site improvements, utilities, machinery, furnishings, and	49706
any separate or connected buildings, structures, improvements,	49707
sites, open space and green space areas, utilities or equipment to	49708
be used in, or in connection with the operation or maintenance of,	49709
or supplementing or otherwise related to the services or	49710
facilities to be provided by, such facilities.	49711

(7) "Obligations" means bonds or notes or other evidences of	49712
obligation, including interest coupons pertaining thereto,	49713
authorized to be issued under this section or section 3345.07,	49714
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	49715
Code.	49716

(8) "Bond service charges" means principal, including any	49717
mandatory sinking fund or redemption requirements for the	49718
retirement of obligations or assurances, interest, or interest	49719
equivalent and other accreted amounts, and any call premium	49720
required to be paid on obligations or assurances.	49721

(9) "Bond proceedings" means the resolutions, trust	49722
agreement, indenture, and other agreements and credit enhancement	49723
facilities, and amendments and supplements to the foregoing, or	49724
any one or more or combination thereof, authorizing, awarding, or	49725
providing for the terms and conditions applicable to, or providing	49726
for the security or liquidity of, obligations or assurances, and	49727
the provisions contained in those obligations or assurances.	49728

(10) "Costs of facilities" means the costs of acquiring,	49729
constructing, reconstructing, rehabilitating, remodeling,	49730
renovating, enlarging, improving, equipping, or furnishing	49731
facilities, and the financing thereof, including the cost of	49732
clearance and preparation of the site and of any land to be used	49733
in connection with facilities, the cost of any indemnity and	49734
surety bonds and premiums on insurance, all related direct	49735
administrative expenses and allocable portions of direct costs of	49736
the institution of higher education or state agency, cost of	49737
engineering, architectural services, design, plans, specifications	49738
and surveys, estimates of cost, legal fees, fees and expenses of	49739
trustees, depositories, bond registrars, and paying agents for the	49740
obligations, cost of issuance of the obligations and financing	49741
costs and fees and expenses of financial advisers and consultants	49742
in connection therewith, interest on the obligations from the date	49743
thereof to the time when interest is to be covered by available	49744
receipts or other sources other than proceeds of the obligations,	49745
amounts necessary to establish reserves as required by the bond	49746
proceedings, costs of audits, the reimbursements of all moneys	49747
advanced or applied by or borrowed from the institution or others,	49748
from whatever source provided, including any temporary advances	49749
from state appropriations, for the payment of any item or items of	49750
cost of facilities, and all other expenses necessary or incident	49751
to planning or determining feasibility or practicability with	49752
respect to facilities, and such other expenses as may be necessary	49753
or incident to the acquisition, construction, reconstruction,	49754
rehabilitation, remodeling, renovation, enlargement, improvement,	49755
equipment, and furnishing of facilities, the financing thereof and	49756
the placing of them in use and operation, including any one, part	49757
of, or combination of such classes of costs and expenses.	49758

(11) "Available receipts" means all moneys received by the	49759
institution of higher education, including income, revenues, and	49760
receipts from the operation, ownership, or control of facilities	49761
or entrepreneurial projects, grants, gifts, donations, and pledges	49762
and receipts therefrom, receipts from fees and charges, and the	49763
proceeds of the sale of obligations or assurances, including	49764
proceeds of obligations or assurances issued to refund obligations	49765
or assurances previously issued, but excluding any special fee,	49766
and receipts therefrom, charged pursuant to division (D) of	49767
section 154.21 of the Revised Code.	49768

(12) "Credit enhancement facilities" has the meaning given in	49769
division (H) of section 133.01 of the Revised Code.	49770

(13) "Financing costs" has the meaning given in division (K)	49771
of section 133.01 of the Revised Code.	49772

(14) "Interest" or "interest equivalent" has the meaning	49773
given in division (R) of section 133.01 of the Revised Code.	49774

(15) "Assurances" means bonds, notes, or other evidence of	49775
indebtedness, including interest coupons pertaining thereto,	49776
authorized to be issued under section 3345.36 of the Revised Code.	49777

(16) "Entrepreneurial project" has the same meaning as in	49778
section 3345.36 of the Revised Code.	49779

(17) "Costs of entrepreneurial projects" means any costs	49780
related to the establishment or development of entrepreneurial	49781
projects pursuant to a resolution adopted under section 3345.36 of	49782
the Revised Code.	49783

(B) Obligations issued under section 3345.07 or 3345.11 of	49784
the Revised Code by a state university or college shall be	49785
authorized by resolution of its board of trustees. Obligations	49786
issued by any other institution of higher education shall be	49787
authorized by resolution of its board of trustees, or managing	49788
directors in the case of certain university branch districts, as	49789
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	49790
apply to obligations and assurances. Obligations and assurances	49791
may be issued to pay costs of facilities or entrepreneurial	49792
projects even if the institution anticipates the possibility of a	49793
future state appropriation to pay all or a portion of such costs.	49794

(C) Obligations and assurances shall be secured by a pledge	49795
of and lien on all or such part of the available receipts of the	49796
institution of higher education as it provides for in the bond	49797
proceedings, excluding moneys raised by taxation and state	49798
appropriations except as permitted by section ~~3333.90~~3333.59 of	49799
the Revised Code. Such pledge and lien may be made prior to all	49800
other expenses, claims, or payments, excepting any pledge of such	49801
available receipts previously made to the contrary and except as	49802
provided by any existing restrictions on the use thereof, or such	49803
pledge and lien may be made subordinate to such other expenses,	49804
claims, or payments, as provided in the bond proceedings.	49805
Obligations or assurances may be additionally secured by covenants	49806
of the institution to make, fix, adjust, collect, and apply such	49807
charges, rates, fees, rentals, and other items of available	49808
receipts as will produce pledged available receipts sufficient to	49809
meet bond service charges, reserve, and other requirements	49810
provided for in the bond proceedings. Notwithstanding this and any	49811
other sections of the Revised Code, the holders or owners of the	49812
obligations or assurances shall not be given the right and shall	49813
have no right to have excises or taxes levied by the general	49814
assembly for the payment of bond service charges thereon, and each	49815
such obligation or assurance shall bear on its face a statement to	49816
that effect and to the effect that the right to such payment is	49817
limited to the available receipts and special funds pledged to	49818
such purpose under the bond proceedings.	49819

All pledged available receipts and funds and the proceeds of	49820
obligations or assurances are trust funds and, subject to the	49821
provisions of this section and the applicable bond proceedings,	49822
shall be held, deposited, invested, reinvested, disbursed,	49823
applied, and used to such extent, in such manner, at such times,	49824
and for such purposes, as are provided in the bond proceedings.	49825

(D) The bond proceedings for obligations or assurances shall	49826
provide for the purpose thereof and the principal amount or	49827
maximum principal amount, and provide for or authorize the manner	49828
of determining the principal maturity or maturities, the sale	49829
price including any permitted discount, the interest rate or	49830
rates, which may be a variable rate or rates, or the maximum	49831
interest rate, the date of the obligations or assurances and the	49832
date or dates of payment of interest thereon, their denominations,	49833
the manner of sale thereof, and the establishment within or	49834
without the state of a place or places of payment of bond service	49835
charges. The bond proceedings also shall provide for a pledge of	49836
and lien on available receipts of the institution of higher	49837
education as provided in division (C) of this section, and a	49838
pledge of and lien on such fund or funds provided in the bond	49839
proceedings arising from available receipts, which pledges and	49840
liens may provide for parity with obligations or assurances	49841
theretofore or thereafter issued by the institution. The available	49842
receipts so pledged and thereafter received by the institution and	49843
the funds so pledged are immediately subject to the lien of such	49844
pledge without any physical delivery thereof or further act, and	49845
the lien of any such pledge is valid and binding against all	49846
parties having claims of any kind against the institution,	49847
irrespective of whether such parties have notice thereof, and	49848
shall create a perfected security interest for all purposes of	49849
Chapter 1309. of the Revised Code, without the necessity for	49850
separation or delivery of funds or for the filing or recording of	49851
the bond proceedings by which such pledge is created or any	49852
certificate, statement, or other document with respect thereto;	49853
and the pledge of such available receipts and funds shall be	49854
effective and the money therefrom and thereof may be applied to	49855
the purposes for which pledged without necessity for any act of	49856
appropriation.	49857

(E) The bond proceedings may contain additional provisions	49858
customary or appropriate to the financing or to the obligations or	49859
assurances or to particular obligations and assurances, including:	49860

(1) The acquisition, construction, reconstruction, equipment,	49861
furnishing, improvement, operation, alteration, enlargement,	49862
maintenance, insurance, and repair of facilities or	49863
entrepreneurial projects, and the duties of the institution of	49864
higher education with reference thereto;	49865

(2) The terms of the obligations or assurances, including	49866
provisions for their redemption prior to maturity at the option of	49867
the institution of higher education at such price or prices and	49868
under such terms and conditions as are provided in the bond	49869
proceedings;	49870

(3) Limitations on the purposes to which the proceeds of the	49871
obligations or assurances may be applied;	49872

(4) The rates or rentals or other charges for the use of or	49873
right to use the facilities or entrepreneurial projects financed	49874
by the obligations or assurances, or other properties the revenues	49875
or receipts from which are pledged to the obligations or	49876
assurances, and rules for assuring any applicable use and	49877
occupancy thereof, including limitations upon the right to modify	49878
such rates, rentals, other charges, or regulations;	49879

(5) The use and expenditure of the pledged available receipts	49880
in such manner and to such extent as shall be determined, which	49881
may include provision for the payment of the expenses of	49882
operation, maintenance, and repair of facilities or	49883
entrepreneurial projects so that such expenses, or part thereof,	49884
shall be paid or provided as a charge prior or subsequent to the	49885
payment of bond service charges and any other payments required to	49886
be made by the bond proceedings;	49887

(6) Limitations on the issuance of additional obligations or	49888
assurances;	49889

(7) The terms of any trust agreement or indenture securing	49890
the obligations or assurances or under which the same may be	49891
issued;	49892

(8) The deposit, investment, and application of funds, and	49893
the safeguarding of funds on hand or on deposit without regard to	49894
Chapter 131. or 135. of the Revised Code, and any bank or trust	49895
company or other financial institution that acts as depository of	49896
any moneys under the bond proceedings shall furnish such	49897
indemnifying bonds or pledge such securities as required by the	49898
bond proceedings or otherwise by the institution of higher	49899
education;	49900

(9) The binding effect of any or every provision of the bond	49901
proceedings upon such officer, board, commission, authority,	49902
agency, department, or other person or body as may from time to	49903
time have the authority under law to take such actions as may be	49904
necessary to perform all or any part of the duty required by such	49905
provision;	49906

(10) Any provision that may be made in a trust agreement or	49907
indenture;	49908

(11) Any other or additional agreements with respect to the	49909
facilities of the institution of higher education or its	49910
entrepreneurial projects, their operation, the available receipts	49911
and funds pledged, and insurance of facilities or entrepreneurial	49912
projects and of the institution, its officers and employees.	49913

(F) Such obligations or assurances may have the seal of the	49914
institution of higher education or a facsimile thereof affixed	49915
thereto or printed thereon and shall be executed by such officers	49916
as are designated in the bond proceedings, which execution may be	49917
by facsimile signatures. Any obligations or assurances may be	49918
executed by an officer who, on the date of execution, is the	49919
proper officer although on the date of such obligations or	49920
assurances such person was not the proper officer. In case any	49921
officer whose signature or a facsimile of whose signature appears	49922
on any such obligation or assurance ceases to be such officer	49923
before delivery thereof, such signature or facsimile is	49924
nevertheless valid and sufficient for all purposes as if the	49925
person had remained such officer until such delivery; and in case	49926
the seal of the institution has been changed after a facsimile of	49927
the seal has been imprinted on such obligations or assurances,	49928
such facsimile seal continues to be sufficient as to such	49929
obligations or assurances and obligations or assurances issued in	49930
substitution or exchange therefor.	49931

(G) All such obligations or assurances are negotiable	49932
instruments and securities under Chapter 1308. of the Revised	49933
Code, subject to the provisions of the bond proceedings as to	49934
registration. The obligations or assurances may be issued in	49935
coupon or in registered form, or both. Provision may be made for	49936
the registration of any obligations or assurances with coupons	49937
attached thereto as to principal alone or as to both principal and	49938
interest, their exchange for obligations or assurances so	49939
registered, and for the conversion or reconversion into	49940
obligations or assurances with coupons attached thereto of any	49941
obligations or assurances registered as to both principal and	49942
interest, and for reasonable charges for such registration,	49943
exchange, conversion, and reconversion.	49944

(H) Pending preparation of definitive obligations or	49945
assurances, the institution of higher education may issue interim	49946
receipts or certificates which shall be exchanged for such	49947
definitive obligations or assurances.	49948

(I) Such obligations or assurances may be secured	49949
additionally by a trust agreement or indenture between the	49950
institution of higher education and a corporate trustee, which may	49951
be any trust company or bank having the powers of a trust company	49952
within or without this state but authorized to exercise trust	49953
powers within this state. Any such agreement or indenture may	49954
contain the resolution authorizing the issuance of the obligations	49955
or assurances, any provisions that may be contained in the bond	49956
proceedings as authorized by this section, and other provisions	49957
which are customary or appropriate in an agreement or indenture of	49958
such type, including:	49959

(1) Maintenance of each pledge, trust agreement, and	49960
indenture, or other instrument comprising part of the bond	49961
proceedings until the institution of higher education has fully	49962
paid the bond service charges on the obligations or assurances	49963
secured thereby, or provision therefor has been made;	49964

(2) In the event of default in any payments required to be	49965
made by the bond proceedings, or any other agreement of the	49966
institution of higher education made as a part of the contract	49967
under which the obligations or assurances were issued, enforcement	49968
of such payments or agreement by mandamus, the appointment of a	49969
receiver, suit in equity, action at law, or any combination of the	49970
foregoing;	49971

(3) The rights and remedies of the holders of obligations or	49972
assurances and of the trustee, and provisions for protecting and	49973
enforcing them, including limitations on rights of individual	49974
holders of obligations or assurances;	49975

(4) The replacement of any obligations or assurances that	49976
become mutilated or are destroyed, lost, or stolen;	49977

(5) Such other provisions as the trustee and the institution	49978
of higher education agree upon, including limitations, conditions,	49979
or qualifications relating to any of the foregoing.	49980

(J) Each duty of the institution of higher education and its	49981
officers or employees, undertaken pursuant to the bond proceedings	49982
or any related agreement or lease made under authority of law, is	49983
hereby established as a duty of such institution, and of each such	49984
officer or employee having authority to perform such duty,	49985
specially enjoined by law resulting from an office, trust, or	49986
station within the meaning of section 2731.01 of the Revised Code.	49987
The persons who are at the time the members of the board of	49988
trustees or the managing directors of the institution or its	49989
officers or employees are not liable in their personal capacities	49990
on such obligations or assurances, or lease, or other agreement of	49991
the institution.	49992

(K) The authority to issue obligations or assurances includes	49993
authority to:	49994

(1) Issue obligations or assurances in the form of bond	49995
anticipation notes and to renew them from time to time by the	49996
issuance of new notes. Such notes are payable solely from the	49997
available receipts and funds that may be pledged to the payment of	49998
such bonds, or from the proceeds of such bonds or renewal notes,	49999
or both, as the institution of higher education provides in its	50000
resolution authorizing such notes. Such notes may be additionally	50001
secured by covenants of the institution to the effect that it will	50002
do such or all things necessary for the issuance of such bonds or	50003
renewal notes in appropriate amount, and either exchange such	50004
bonds or renewal notes therefor or apply the proceeds thereof to	50005
the extent necessary, to make full payment of the bond service	50006
charges on such notes at the time or times contemplated, as	50007
provided in such resolution. Subject to the provisions of this	50008
division, all references to obligations or assurances in this	50009
section apply to such anticipation notes.	50010

(2) Issue obligations or assurances to refund, including	50011
funding and retirement of, obligations or assurances previously	50012
issued to pay costs of facilities or entrepreneurial projects.	50013
Such obligations or assurances may be issued in amounts sufficient	50014
for payment of the principal amount of the obligations or	50015
assurances to be so refunded, any redemption premiums thereon,	50016
principal maturities of any obligations or assurances maturing	50017
prior to the redemption of any other obligations or assurances on	50018
a parity therewith to be so refunded, interest accrued or to	50019
accrue to the maturity date or dates of redemption of such	50020
obligations or assurances, and any expenses incurred or to be	50021
incurred in connection with such refunding or the issuance of the	50022
obligations or assurances.	50023

(L) Obligations and assurances are lawful investments for	50024
banks, societies for savings, savings and loan associations,	50025
deposit guarantee associations, trust companies, trustees,	50026
fiduciaries, insurance companies, including domestic for life and	50027
domestic not for life, trustees or other officers having charge of	50028
sinking and bond retirement or other special funds of political	50029
subdivisions and taxing districts of this state, the commissioners	50030
of the sinking fund, the administrator of workers' compensation in	50031
accordance with the investment policy approved by the bureau of	50032
workers' compensation board of directors pursuant to section	50033
4121.12 of the Revised Code, the state teachers retirement system,	50034
the public employees retirement system, the school employees	50035
retirement system, and the Ohio police and fire pension fund,	50036
notwithstanding any other provisions of the Revised Code or rules	50037
adopted pursuant thereto by any state agency with respect to	50038
investments by them, and are also acceptable as security for the	50039
deposit of public moneys.	50040

(M) All facilities or entrepreneurial projects purchased,	50041
acquired, constructed, or owned by an institution of higher	50042
education, or financed in whole or in part by obligations or	50043
assurances issued by an institution, and used for the purposes of	50044
the institution or other publicly owned and controlled college or	50045
university, is public property used exclusively for a public	50046
purpose, and such property and the income therefrom is exempt from	50047
all taxation and assessment within this state, including ad	50048
valorem and excise taxes. The obligations or assurances, the	50049
transfer thereof, and the income therefrom, including any profit	50050
made on the sale thereof, are at all times free from taxation	50051
within the state. The transfer of tangible personal property by	50052
lease under authority of this section or section 3345.07, 3345.11,	50053
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	50054
Code is not a sale as used in Chapter 5739. of the Revised Code.	50055

(N) The authority granted by this section is cumulative with	50056
the authority granted to institutions of higher education under	50057
Chapter 154. of the Revised Code, and nothing in this section	50058
impairs or limits the authority granted by Chapter 154. of the	50059
Revised Code. In any lease, agreement, or commitment made by an	50060
institution of higher education under Chapter 154. of the Revised	50061
Code, it may agree to restrict or subordinate any pledge it may	50062
thereafter make under authority of this section.	50063

(O) Title to lands acquired under this section and sections	50064
3345.07 and 3345.11 of the Revised Code by a state university or	50065
college shall be taken in the name of the state.	50066

(P) Except where costs of facilities or entrepreneurial	50067
projects are to be paid in whole or in part from funds	50068
appropriated by the general assembly, section 125.81 of the	50069
Revised Code and the requirement for certification with respect	50070
thereto under section 153.04 of the Revised Code do not apply to	50071
such facilities or entrepreneurial projects.	50072

(Q) A state university or college may sell or lease lands or	50073
interests in land owned by it or by the state for its use, or	50074
facilities authorized to be acquired or constructed by it under	50075
section 3345.07 or 3345.11 of the Revised Code, to permit the	50076
purchasers or lessees thereof to acquire, construct, equip,	50077
furnish, reconstruct, alter, enlarge, remodel, renovate,	50078
rehabilitate, improve, maintain, repair, or maintain and operate	50079
thereon and to provide by lease or otherwise to such institution,	50080
facilities authorized in section 3345.07 or 3345.11 of the Revised	50081
Code or entrepreneurial projects authorized under section 3345.36	50082
of the Revised Code. Such land or interests therein shall be sold	50083
for such appraised value, or leased, and on such terms as the	50084
board of trustees determines. All deeds or other instruments	50085
relating to such sales or leases shall be executed by such officer	50086
of the state university or college as the board of trustees	50087
designates. The state university or college shall hold, invest, or	50088
use the proceeds of such sales or leases for the same purposes for	50089
which proceeds of borrowings may be used under sections 3345.07	50090
and 3345.11 of the Revised Code or, if the proceeds relate to the	50091
sale or lease of entrepreneurial projects, for purposes of section	50092
3345.36 of the Revised Code.	50093

(R) An institution of higher education may pledge available	50094
receipts, to the extent permitted by division (C) of this section	50095
with respect to obligations, to secure the payments to be made by	50096
it under any lease, lease with option to purchase, or	50097
lease-purchase agreement authorized under this section or section	50098
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	50099
3358.10 of the Revised Code.	50100

Sec. 3345.48. (A) As used in this section:

50101

(1) "Cohort" means a group of students who will complete	50102
their bachelor's degree requirements and graduate from a state	50103
university at the same time. A cohort may include transfer	50104
students and other selected undergraduate student academic	50105
programs as determined by the board of trustees of a state	50106
university.	50107

(2) "Eligible student" means an undergraduate student who:

50108

(a) Is enrolled full-time in a bachelor's degree program at a	50109
state university;	50110

(b) Is a resident of this state, as defined by the chancellor	50111
of the Ohio board of regents under section 3333.31 of the Revised	50112
Code.	50113

(3) "State university" has the same meaning as in section	50114
3345.011 of the Revised Code.	50115

(B) The board of trustees of a state university may establish	50116
an undergraduate tuition guarantee program that allows eligible	50117
students in the same cohort to pay a fixed rate for general and	50118
instructional fees for four years. A board of trustees may include	50119
room and board and any additional fees in the program.	50120

If the board of trustees chooses to establish such a program,	50121
the board shall adopt rules for the program that include, but are	50122
not limited to, all of the following:	50123

(1) The number of credit hours required to earn an	50124
undergraduate degree in each major;	50125

(2) A guarantee that the general and instructional fees for	50126
each student in the cohort shall remain constant for four years so	50127
long as the student complies with the requirements of the program,	50128
except that, notwithstanding any law to the contrary, the board	50129
may increase the guaranteed amount by up to six per cent above	50130
what has been charged in the previous academic year one time for	50131
the first cohort enrolled under the tuition guarantee program. If	50132
the board of trustees determines that economic conditions or other	50133
circumstances require an increase for the first cohort of above	50134
six per cent, the board shall submit a request to increase the	50135
amount by a specified percentage to the Ohio board of regents. The	50136
board of regents, based on information the board of regents	50137
requires from the board of trustees, shall approve or disapprove	50138
such a request. There shall be no other increase of general and	50139
instructional fees for that cohort or for subsequent cohorts under	50140
the program unless the general assembly approves such an increase	50141
for all tuition guarantee programs established under this section.	50142

(3) A benchmark by which the board sets annual increases in	50143
general and instructional fees. This benchmark and any subsequent	50144
change to the benchmark shall be subject to approval of the board	50145
of regents.	50146

(4) Eligibility requirements for students to participate in	50147
the program;	50148

(5) Student rights and privileges under the program;

50149

(6) Consequences to the university for students unable to	50150
complete a degree program within four years, as follows:	50151

(a) For a student who could not complete the program in four	50152
years due to a lack of available classes or space in classes	50153
provided by the university, the university shall provide the	50154
necessary course or courses for completion to the student free of	50155
charge.	50156

(b) For a student who could not complete the program in four	50157
years due to military service or other circumstances beyond a	50158
student's control, as determined by the board of trustees, the	50159
university shall provide the necessary course or courses for	50160
completion to the student at the student's initial cohort rate.	50161

(c) For a student who did not complete the program in four	50162
years for any other reason, as determined by the board of	50163
trustees, the university shall provide the necessary course or	50164
courses for completion to the student at a rate determined through	50165
a method established by the board under division (B)(7) of this	50166
section.	50167

(7) Guidelines for adjusting a student's annual charges if	50168
the student, due to circumstances under the student's control, is	50169
unable to complete a degree program within four years;	50170

(8) A requirement that the rules adopted under division (B)	50171
of this section be published or posted in the university handbook,	50172
course catalog, and web site.	50173

(C) If a board of trustees implements a program under this	50174
section, the board shall submit the rules adopted under division	50175
(B) of this section to the board of regents for approval before	50176
beginning implementation of the program.	50177

The board of regents shall not unreasonably withhold approval	50178
of a program if the program conforms in principle with the	50179
parameters and guidelines of this section.	50180

(D) A board of trustees of a state university may establish	50181
an undergraduate tuition guarantee program for nonresident	50182
students.	50183

(E) Within five years after the effective date of this	50184
section, the board of regents shall publish on its web site a	50185
report that includes all of the following:	50186

(1) The state universities that have adopted an undergraduate	50187
tuition guarantee program under this section;	50188

(2) The details of each undergraduate tuition guarantee	50189
program established under this section;	50190

(3) Comparative data, including general and instructional	50191
fees, room and board, graduation rates, and retention rates, from	50192
all state universities.	50193

(F) As used in this section, "Ohio board of regents" and	50194
"board of regents" means the board of regents itself and not the	50195
chancellor of the Ohio board of regents, as otherwise prescribed	50196
under section 3333.031 of the Revised Code.	50197

Sec. 3345.81. Not later than May 1, 2014, and biennially	50198
thereafter, each institution of higher education, as defined by	50199
section 3345.12 of the Revised Code, shall submit to the	50200
chancellor of the Ohio board of regents, for each campus under the	50201
authority of that institution, a campus-specific completion plan	50202
designed to increase college completion rates. The chancellor	50203
shall prescribe a format for all plans required under this	50204
section, which may include specific strategies, targets, and	50205
metrics that promote student access, retention, progression, and	50206
completion of each student's chosen program of study. Institutions	50207
shall submit each campus plan in accordance with this format and	50208
shall include all required content, as prescribed by the	50209
chancellor. Each plan shall be consistent with the mission and	50210
strategic priorities of the campus and shall examine and, as	50211
appropriate, include all of the following:	50212

(A) Increased alignment of the institution's programs with	50213
programs of other educational institutions from preschool through	50214
higher education;	50215

(B) A communications strategy;

50216

(C) A guidance plan to provide current and potential students	50217
with broadened awareness of advance standing programs, as defined	50218
by section 3313.6013 of the Revised Code, and the connections	50219
between college completion and career opportunities. The guidance	50220
plan also shall also include financial literacy and planning for	50221
students and their families.	50222

(D) Increased support to ensure success for first-year	50223
students, such as increased access to career counseling and	50224
mentoring, improvements to remediation course design and subject	50225
matter, and other support programs;	50226

(E) The development of institutional systems to streamline	50227
and accelerate a student's progress toward completion, such as a	50228
coordinated system for the transfer of academic credit or a system	50229
that awards academic credit for alternative study, work, or	50230
military experience;	50231

(F) Incentives and rewards for successful student progression	50232
within, and completion of, each student's chosen program.	50233

Sec. 3350.15. The northeast Ohio medical university may enter	50234
into a partnership with Cleveland state university to establish	50235
the northeast Ohio medical university academic campus at Cleveland	50236
state university, to enable fifty per cent or more of the medical	50237
curriculum taught to students enrolled under this partnership to	50238
be based in Cleveland at Cleveland state university, local	50239
hospitals, and community- and neighborhood-based primary care	50240
clinics. Cleveland state university shall not receive state	50241
capital appropriations to pay for facilities for the academic	50242
campus.	50243

Sec. 3365.01. As used in this chapter:

50244

(A) "College" means any state-assisted college or university	50245
described in section 3333.041 of the Revised Code, any nonprofit	50246
institution holding a certificate of authorization pursuant to	50247
Chapter 1713. of the Revised Code, any private institution exempt	50248
from regulation under Chapter 3332. of the Revised Code as	50249
prescribed in section 3333.046 of the Revised Code, and any	50250
institution holding a certificate of registration from the state	50251
board of career colleges and schools and program authorization for	50252
an associate or bachelor's degree program issued under section	50253
3332.05 of the Revised Code.	50254

(B) "School district," except as specified in division (G) of	50255
this section, means any school district to which a student is	50256
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	50257
the Revised Code and does not include a joint vocational or	50258
cooperative education school district.	50259

(C) "Parent" has the same meaning as in section 3313.64 of	50260
the Revised Code.	50261

(D) "Participant" means a student enrolled in a college under	50262
the post-secondary enrollment options program established by this	50263
chapter, including a student who has been excused from the	50264
compulsory attendance law for the purpose of home instruction	50265
under section 3321.04 of the Revised Code.	50266

(E) "Secondary grade" means the ninth through twelfth grades.

50267

(F) "School foundation payments" means the amount required to	50268
be paid to a school district for a fiscal year under Chapter 3317.	50269
of the Revised Code.	50270

(G) "Tuition base" means~~, with respect to a participant's~~	50271
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	50272
~~amount of the base funding supplements~~ specified in ~~divisions~~	50273
~~(C)(1) to (4) of~~ section ~~3317.012~~3317.02 of the Revised Code for	50274
the applicable fiscal year ~~2009~~.	50275

~~The participant's "school district" in the case of a~~	50276
~~participant enrolled in a community school shall be the school~~	50277
~~district in which the student is entitled to attend school under~~	50278
~~section 3313.64 or 3313.65 of the Revised Code.~~	50279

(H) "Educational program" means enrollment in one or more	50280
school districts, in a nonpublic school, or in a college under	50281
division (B) of section 3365.04 of the Revised Code.	50282

(I) "Nonpublic school" means a chartered or nonchartered	50283
school for which minimum standards are prescribed by the state	50284
board of education pursuant to division (D) of section 3301.07 of	50285
the Revised Code.	50286

(J) "School year" means the year beginning on the first day	50287
of July and ending on the thirtieth day of June.	50288

(K) "Community school" means any school established pursuant	50289
to Chapter 3314. of the Revised Code that includes secondary	50290
grades.	50291

(L) "STEM school" means a science, technology, engineering,	50292
and mathematics school established under Chapter 3326. of the	50293
Revised Code.	50294

Sec. 3365.02. There is hereby established the post-secondary	50295
enrollment options program under which a secondary grade student	50296
who is a resident of this state may enroll at a college, on a	50297
full- or part-time basis, and complete nonsectarian courses for	50298
high school and college credit.	50299

Secondary grade students in a nonpublic school may	50300
participate in the post-secondary enrollment options program if	50301
the chief administrator of such school notifies the department of	50302
education by the first day of April prior to the school year in	50303
which the school's students will participate.	50304

The state board of education, after consulting with the board	50305
of regents, shall adopt rules governing the program. The rules	50306
shall include:	50307

(A) Requirements for school districts, community schools, or	50308
participating nonpublic schools to provide information about the	50309
program prior to the first day of March of each year to all	50310
students enrolled in grades eight through eleven;	50311

(B) A requirement that a student or the student's parent	50312
inform the district board of education, the governing authority of	50313
a community school, the STEM school chief administrative officer,	50314
or the nonpublic school administrator by the thirtieth day of	50315
March of the student's intent to participate in the program during	50316
the following school year. The rule shall provide that any student	50317
who fails to provide the notification by the required date may not	50318
participate in the program during the following school year	50319
without the written consent of the district superintendent, the	50320
governing authority of a community school, the STEM school chief	50321
administrative officer, or the nonpublic school administrator.	50322

(C) Requirements that school districts, community schools,	50323
and STEM schools provide counseling services to students in grades	50324
eight through eleven and to their parents before the students	50325
participate in the program under this chapter to ensure that	50326
students and parents are fully aware of the possible risks and	50327
consequences of participation. Counseling information shall	50328
include without limitation:	50329

(1) Program eligibility;

50330

(2) The process for granting academic credits;

50331

(3) Financial arrangements for tuition, books, materials, and	50332
fees;	50333

(4) Criteria for any transportation aid;

50334

(5) Available support services;

50335

(6) Scheduling;

50336

(7) The consequences of failing or not completing a course in	50337
which the student enrolls and the effect of the grade attained in	50338
the course being included in the student's grade point average, if	50339
applicable;	50340

(8) The effect of program participation on the student's	50341
ability to complete the district's or school's graduation	50342
requirements;	50343

(9) The academic and social responsibilities of students and	50344
parents under the program;	50345

(10) Information about and encouragement to use the	50346
counseling services of the college in which the student intends to	50347
enroll.	50348

(D) A requirement that the student and the student's parent	50349
sign a form, provided by the school district or school, stating	50350
that they have received the counseling required by division (C) of	50351
this section and that they understand the responsibilities they	50352
must assume in the program;	50353

(E) The options required by section 3365.04 of the Revised	50354
Code;	50355

(F) ~~A requirement that a student may not enroll in any~~	50356
~~specific college course through the program if the student has~~	50357
~~taken high school courses in the same subject area as that college~~	50358
~~course and has failed to attain a cumulative grade point average~~	50359
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	50360
~~completed high school courses~~A requirement that student	50361
participation in the program be based solely on a participating	50362
college's established admission standards.	50363

Sec. 3365.022. (A) Beginning July 1, 2013, a student who has	50364
been excused from the compulsory attendance law for the purpose of	50365
home instruction under section 3321.04 of the Revised Code, and is	50366
the equivalent of a ninth, tenth, eleventh, or twelfth grader may	50367
participate in the post-secondary enrollment options program	50368
established under this chapter.	50369

(B)(1) If a student meets the criteria established in	50370
division (A) of this section and wishes to participate in the	50371
post-secondary enrollment options program, the parent or guardian	50372
of that student shall notify the department of education by the	50373
first day of April prior to the school year in which the student	50374
wishes to participate.	50375

(2) For the 2013-2014 school year, the department may accept	50376
applications at a later date if that student wishes to participate	50377
in the program during the 2013-2014 school year.	50378

(C) Pursuant to rules adopted by the state board of education	50379
under section 3365.02 of the Revised Code, payments to a	50380
participating college, in which home-instructed students enrolled	50381
pursuant to this section, shall be made in the same manner as	50382
payments made for participating students from nonpublic secondary	50383
schools, pursuant to section 3365.07 of the Revised Code.	50384

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	50385
the Revised Code shall specify a method for each of the following:	50386

(1) Determining, with respect to any participant, the	50387
percentage of a full-time educational program constituted by the	50388
participant's total educational program. That percentage shall be	50389
the participant's full-time equivalency percentage for purposes of	50390
the computation required by division (B)(1) of this section.	50391

(2) In the case of a participant who is not enrolled in a	50392
participating nonpublic school, determining the percentage of a	50393
participant's school day during which the participant is	50394
participating in each of the following:	50395

(a) Programs provided by the city, local, or exempted village	50396
school district, a community school, or a STEM school;	50397

(b) Programs provided by a joint vocational school district;

50398

(c) Programs provided by a college under division (B) of	50399
section 3365.04 of the Revised Code.	50400

The sum of divisions (A)(2)(a) to (c) of this section shall equal	50401
one hundred per cent.	50402

(3) In the case of a participant who is not enrolled in a	50403
participating nonpublic school, determining the percentage of a	50404
participant's enrollment that shall be deemed to be enrollment in	50405
a joint vocational school district and the percentage that shall	50406
be deemed to be enrollment in a city, local, or exempted village	50407
school district. The sum of such percentages shall equal one	50408
hundred per cent.	50409

(4) In the case of a participant who is enrolled in a	50410
participating nonpublic school, determining the percentage of a	50411
participant's school day during which the participant is	50412
participating in programs provided by a college under division (B)	50413
of section 3365.04 of the Revised Code.	50414

(B) Each July, unless provided otherwise in an alternative	50415
funding agreement entered into under rules adopted under section	50416
3365.12 of the Revised Code, the department of education shall pay	50417
each college for any participant enrolled in the college in the	50418
prior school year under division (B) of section 3365.04 of the	50419
Revised Code an amount computed as follows:	50420

(1) Multiply the tuition base by the participant's full-time	50421
equivalency percentage and multiply the resulting amount by a	50422
percentage equal to the percentage of the participant's school day	50423
apportioned to the college under division (A)(2)(c) or (4) of this	50424
section, as applicable.	50425

(2) Pay the college the lesser of:

50426

(a) The amount computed under division (B)(1) of this	50427
section;	50428

(b) The actual costs that would have been the responsibility	50429
of the participant had the participant elected to enroll under	50430
division (A) of section 3365.04 of the Revised Code, as verified	50431
by the department, of tuition, textbooks, materials, and fees	50432
directly related to any courses elected by the participant during	50433
the prior school year under division (B) of section 3365.04 of the	50434
Revised Code.	50435

(C) The department shall not reimburse ~~any~~a college for any	50436
of the following:	50437

(1) A college course taken by a participant under division	50438
(A) of section 3365.04 of the Revised Code;	50439

(2) A college course taken by a participant that is included	50440
in or equivalent to a course included in either a transfer module	50441
or the transfer assurance guide developed by the chancellor.	50442

(D) If the participant was not enrolled in a participating	50443
nonpublic school, the amount paid under division (B) of this	50444
section for each participant shall be subtracted from the school	50445
foundation payments made to the participant's school district or,	50446
if the participant was enrolled in a community school or a STEM	50447
school, from the payments made to the participant's school under	50448
section 3314.08 or 3326.33 of the Revised Code. If the participant	50449
was enrolled in a joint vocational school district, a portion of	50450
the amount shall be subtracted from the payments to the joint	50451
vocational school district and a portion shall be subtracted from	50452
the payments to the participant's city, local, or exempted village	50453
school district. The amount of the payment subtracted from the	50454
city, local, or exempted village school district shall be computed	50455
as follows:	50456

(1) Add the following:

50457

(a) The percentage of the participant's enrollment in the	50458
school district, determined under division (A)(3) of this section;	50459
and	50460

(b) Twenty-five per cent times the percentage of the	50461
participant's enrollment in the joint vocational school district,	50462
determined under division (A)(3) of this section.	50463

(2) Multiply the sum obtained under division (D)(1) of this	50464
section by the amount computed under division (B)(2) of this	50465
section.	50466

The balance of the payment shall be subtracted from the joint	50467
vocational district's school foundation payments.	50468

(E) If the participant was enrolled in a participating	50469
nonpublic school, the amount paid under division (B) of this	50470
section shall be subtracted from moneys set aside by the general	50471
assembly for such purpose from funds appropriated for the purposes	50472
of section 3317.06 of the Revised Code.	50473

Sec. 3365.12. The superintendent of public instruction and	50474
the chancellor of the Ohio board of regents jointly may adopt	50475
rules in accordance with Chapter 119. of the Revised Code	50476
permitting a board of education of a school district or joint	50477
vocational school district, governing authority of a community	50478
school, governing body of a STEM school, or governing authority of	50479
a participating nonpublic school to enter into an agreement with a	50480
college or university to use an alternate funding formula to	50481
calculate, or an alternate method to transmit, the amount the	50482
college or university would be paid for a student participating in	50483
a program under this chapter, including the program known as	50484
seniors to sophomores.	50485

Rules adopted under this section may include, but need not be	50486
limited to, any of the following alternative funding options:	50487

(A) Direct payment of funds necessary to support students	50488
participating in a program under this chapter, including the	50489
seniors to sophomores program, by the school district, joint	50490
vocational school district, community school, STEM school, or any	50491
combination thereof, to the college or university in which the	50492
student enrolled;	50493

(B) Alternate funding formulas to calculate the amount of	50494
money to be paid to colleges for participants;	50495

(C) A negotiated amount to be paid, as agreed by the school	50496
district, joint vocational school district, community school, or	50497
STEM school and the college or university.	50498

Rules adopted under this section shall prohibit any	50499
alternative funding option to include charging a student	50500
participating in the program under this chapter any tuition or	50501
fees.	50502

Sec. 3501.01. As used in the sections of the Revised Code	50503
relating to elections and political communications:	50504

(A) "General election" means the election held on the first	50505
Tuesday after the first Monday in each November.	50506

(B) "Regular municipal election" means the election held on	50507
the first Tuesday after the first Monday in November in each	50508
odd-numbered year.	50509

(C) "Regular state election" means the election held on the	50510
first Tuesday after the first Monday in November in each	50511
even-numbered year.	50512

(D) "Special election" means any election other than those	50513
elections defined in other divisions of this section. A special	50514
election may be held only on the first Tuesday after the first	50515
Monday in February, May, August, or November, or on the day	50516
authorized by a particular municipal or county charter for the	50517
holding of a primary election, except that in any year in which a	50518
presidential primary election is held, no special election shall	50519
be held in February or May, except as authorized by a municipal or	50520
county charter, but may be held on the first Tuesday after the	50521
first Monday in March.	50522

(E)(1) "Primary" or "primary election" means an election held	50523
for the purpose of nominating persons as candidates of political	50524
parties for election to offices, and for the purpose of electing	50525
persons as members of the controlling committees of political	50526
parties and as delegates and alternates to the conventions of	50527
political parties. Primary elections shall be held on the first	50528
Tuesday after the first Monday in May of each year except in years	50529
in which a presidential primary election is held.	50530

(2) "Presidential primary election" means a primary election	50531
as defined by division (E)(1) of this section at which an election	50532
is held for the purpose of choosing delegates and alternates to	50533
the national conventions of the major political parties pursuant	50534
to section 3513.12 of the Revised Code. Unless otherwise	50535
specified, presidential primary elections are included in	50536
references to primary elections. In years in which a presidential	50537
primary election is held, all primary elections shall be held on	50538
the first Tuesday after the first Monday in March except as	50539
otherwise authorized by a municipal or county charter.	50540

(F) "Political party" means any group of voters meeting the	50541
requirements set forth in section 3517.01 of the Revised Code for	50542
the formation and existence of a political party.	50543

(1) "Major political party" means any political party	50544
organized under the laws of this state whose candidate for	50545
governor or nominees for presidential electors received no less	50546
than twenty per cent of the total vote cast for such office at the	50547
most recent regular state election.	50548

(2) "Intermediate political party" means any political party	50549
organized under the laws of this state whose candidate for	50550
governor or nominees for presidential electors received less than	50551
twenty per cent but not less than ten per cent of the total vote	50552
cast for such office at the most recent regular state election.	50553

(3) "Minor political party" means any political party	50554
organized under the laws of this state whose candidate for	50555
governor or nominees for presidential electors received less than	50556
ten per cent but not less than five per cent of the total vote	50557
cast for such office at the most recent regular state election or	50558
which has filed with the secretary of state, subsequent to any	50559
election in which it received less than five per cent of such	50560
vote, a petition signed by qualified electors equal in number to	50561
at least one per cent of the total vote cast for such office in	50562
the last preceding regular state election, except that a newly	50563
formed political party shall be known as a minor political party	50564
until the time of the first election for governor or president	50565
which occurs not less than twelve months subsequent to the	50566
formation of such party, after which election the status of such	50567
party shall be determined by the vote for the office of governor	50568
or president.	50569

(G) "Dominant party in a precinct" or "dominant political	50570
party in a precinct" means that political party whose candidate	50571
for election to the office of governor at the most recent regular	50572
state election at which a governor was elected received more votes	50573
than any other person received for election to that office in such	50574
precinct at such election.	50575

(H) "Candidate" means any qualified person certified in	50576
accordance with the provisions of the Revised Code for placement	50577
on the official ballot of a primary, general, or special election	50578
to be held in this state, or any qualified person who claims to be	50579
a write-in candidate, or who knowingly assents to being	50580
represented as a write-in candidate by another at either a	50581
primary, general, or special election to be held in this state.	50582

(I) "Independent candidate" means any candidate who claims	50583
not to be affiliated with a political party, and whose name has	50584
been certified on the office-type ballot at a general or special	50585
election through the filing of a statement of candidacy and	50586
nominating petition, as prescribed in section 3513.257 of the	50587
Revised Code.	50588

(J) "Nonpartisan candidate" means any candidate whose name is	50589
required, pursuant to section 3505.04 of the Revised Code, to be	50590
listed on the nonpartisan ballot, including all candidates for	50591
judicial office, for member of any board of education, for	50592
municipal or township offices in which primary elections are not	50593
held for nominating candidates by political parties, and for	50594
offices of municipal corporations having charters that provide for	50595
separate ballots for elections for these offices.	50596

(K) "Party candidate" means any candidate who claims to be a	50597
member of a political party, whose name has been certified on the	50598
office-type ballot at a general or special election through the	50599
filing of a declaration of candidacy and petition of candidate,	50600
and who has won the primary election of the candidate's party for	50601
the public office the candidate seeks or is selected by party	50602
committee in accordance with section 3513.31 of the Revised Code.	50603

(L) "Officer of a political party" includes, but is not	50604
limited to, any member, elected or appointed, of a controlling	50605
committee, whether representing the territory of the state, a	50606
district therein, a county, township, a city, a ward, a precinct,	50607
or other territory, of a major, intermediate, or minor political	50608
party.	50609

(M) "Question or issue" means any question or issue certified	50610
in accordance with the Revised Code for placement on an official	50611
ballot at a general or special election to be held in this state.	50612

(N) "Elector" or "qualified elector" means a person having	50613
the qualifications provided by law to be entitled to vote.	50614

(O) "Voter" means an elector who votes at an election.

50615

(P) "Voting residence" means that place of residence of an	50616
elector which shall determine the precinct in which the elector	50617
may vote.	50618

(Q) "Precinct" means a district within a county established	50619
by the board of elections of such county within which all	50620
qualified electors having a voting residence therein may vote at	50621
the same polling place.	50622

(R) "Polling place" means that place provided for each	50623
precinct at which the electors having a voting residence in such	50624
precinct may vote.	50625

(S) "Board" or "board of elections" means the board of	50626
elections appointed in a county pursuant to section 3501.06 of the	50627
Revised Code.	50628

(T) "Political subdivision" means a county, township, city,	50629
village, or school district.	50630

(U) "Election officer" or "election official" means any of	50631
the following:	50632

(1) Secretary of state;

50633

(2) Employees of the secretary of state serving the division	50634
of elections in the capacity of attorney, administrative officer,	50635
administrative assistant, elections administrator, office manager,	50636
or clerical supervisor;	50637

(3) Director of a board of elections;

50638

(4) Deputy director of a board of elections;

50639

(5) Member of a board of elections;

50640

(6) Employees of a board of elections;

50641

(7) Precinct polling place judges;

50642

(8) Employees appointed by the boards of elections on a	50643
temporary or part-time basis.	50644

(V) "Acknowledgment notice" means a notice sent by a board of	50645
elections, on a form prescribed by the secretary of state,	50646
informing a voter registration applicant or an applicant who	50647
wishes to change the applicant's residence or name of the status	50648
of the application; the information necessary to complete or	50649
update the application, if any; and if the application is	50650
complete, the precinct in which the applicant is to vote.	50651

(W) "Confirmation notice" means a notice sent by a board of	50652
elections, on a form prescribed by the secretary of state, to a	50653
registered elector to confirm the registered elector's current	50654
address.	50655

(X) "Designated agency" means an office or agency in the	50656
state that provides public assistance or that provides	50657
state-funded programs primarily engaged in providing services to	50658
persons with disabilities and that is required by the National	50659
Voter Registration Act of 1993 to implement a program designed and	50660
administered by the secretary of state for registering voters, or	50661
any other public or government office or agency that implements a	50662
program designed and administered by the secretary of state for	50663
registering voters, including the department of job and family	50664
services, the program administered under section 3701.132 of the	50665
Revised Code by the department of health, the department of ~~mental~~	50666
~~health~~mental health and addiction services, the department of	50667
developmental disabilities, the rehabilitation services	50668
commission, and any other agency the secretary of state	50669
designates. "Designated agency" does not include public high	50670
schools and vocational schools, public libraries, or the office of	50671
a county treasurer.	50672

(Y) "National Voter Registration Act of 1993" means the	50673
"National Voter Registration Act of 1993," 107 Stat. 77, 42	50674
U.S.C.A. 1973gg.	50675

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	50676
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	50677

(AA) "Photo identification" means a document that meets each	50678
of the following requirements:	50679

(1) It shows the name of the individual to whom it was	50680
issued, which shall conform to the name in the poll list or	50681
signature pollbook.	50682

(2) It shows the current address of the individual to whom it	50683
was issued, which shall conform to the address in the poll list or	50684
signature pollbook, except for a driver's license or a state	50685
identification card issued under section 4507.50 of the Revised	50686
Code, which may show either the current or former address of the	50687
individual to whom it was issued, regardless of whether that	50688
address conforms to the address in the poll list or signature	50689
pollbook.	50690

(3) It shows a photograph of the individual to whom it was	50691
issued.	50692

(4) It includes an expiration date that has not passed.

50693

(5) It was issued by the government of the United States or	50694
this state.	50695

Sec. 3599.45. (A) As used in this section:

50696

"Candidate," "campaign committee," and "contribution" have	50697
the same meanings as in section 3517.01 of the Revised Code.	50698

"Medicaid provider" has the same meaning as in section	50699
5164.01 of the Revised Code.	50700

(B) No candidate for the office of attorney general or county	50701
prosecutor or such a candidate's campaign committee shall	50702
knowingly accept any contribution from a medicaid provider of	50703
~~services or goods under contract with the department of job and~~	50704
~~family services pursuant to the medicaid program of Title XIX of~~	50705
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	50706
~~amended,~~ or from any person having an ownership interest in the	50707
medicaid provider.	50708

~~As used in this section "candidate," "campaign committee,"~~	50709
~~and "contribution" have the same meaning as in section 3517.01 of~~	50710
~~the Revised Code.~~	50711

~~(B)~~(C) Whoever violates this section is guilty of a	50712
misdemeanor of the first degree.	50713

Sec. 3701.023. (A) The department of health shall review	50714
applications for eligibility for the program for medically	50715
handicapped children that are submitted to the department by city	50716
and general health districts and physician providers approved in	50717
accordance with division (C) of this section. The department shall	50718
determine whether the applicants meet the medical and financial	50719
eligibility requirements established by the director of health	50720
pursuant to division (A)(1) of section 3701.021 of the Revised	50721
Code, and by the department in the manual of operational	50722
procedures and guidelines for the program for medically	50723
handicapped children developed pursuant to division (B) of that	50724
section. Referrals of potentially eligible children for the	50725
program may be submitted to the department on behalf of the child	50726
by parents, guardians, public health nurses, or any other	50727
interested person. The department of health may designate other	50728
agencies to refer applicants to the department of health.	50729

(B) In accordance with the procedures established in rules	50730
adopted under division (A)(4) of section 3701.021 of the Revised	50731
Code, the department of health shall authorize a provider or	50732
providers to provide to any Ohio resident under twenty-one years	50733
of age, without charge to the resident or the resident's family	50734
and without restriction as to the economic status of the resident	50735
or the resident's family, diagnostic services necessary to	50736
determine whether the resident has a medically handicapping or	50737
potentially medically handicapping condition.	50738

(C) The department of health shall review the applications of	50739
health professionals, hospitals, medical equipment suppliers, and	50740
other individuals, groups, or agencies that apply to become	50741
providers. The department shall enter into a written agreement	50742
with each applicant who is determined, pursuant to the	50743
requirements set forth in rules adopted under division (A)(2) of	50744
section 3701.021 of the Revised Code, to be eligible to be a	50745
provider in accordance with the provider agreement required by the	50746
~~medical assistance~~medicaid program ~~established under section~~	50747
~~5111.01 of the Revised Code~~. No provider shall charge a medically	50748
handicapped child or the child's parent or guardian for services	50749
authorized by the department under division (B) or (D) of this	50750
section.	50751

The department, in accordance with rules adopted under	50752
division (A)(3) of section 3701.021 of the Revised Code, may	50753
disqualify any provider from further participation in the program	50754
for violating any requirement set forth in rules adopted under	50755
division (A)(2) of that section. The disqualification shall not	50756
take effect until a written notice, specifying the requirement	50757
violated and describing the nature of the violation, has been	50758
delivered to the provider and the department has afforded the	50759
provider an opportunity to appeal the disqualification under	50760
division (H) of this section.	50761

(D) The department of health shall evaluate applications from	50762
city and general health districts and approved physician providers	50763
for authorization to provide treatment services, service	50764
coordination, and related goods to children determined to be	50765
eligible for the program for medically handicapped children	50766
pursuant to division (A) of this section. The department shall	50767
authorize necessary treatment services, service coordination, and	50768
related goods for each eligible child in accordance with an	50769
individual plan of treatment for the child. As an alternative, the	50770
department may authorize payment of health insurance premiums on	50771
behalf of eligible children when the department determines, in	50772
accordance with criteria set forth in rules adopted under division	50773
(A)(9) of section 3701.021 of the Revised Code, that payment of	50774
the premiums is cost-effective.	50775

(E) The department of health shall pay, from appropriations	50776
to the department, any necessary expenses, including but not	50777
limited to, expenses for diagnosis, treatment, service	50778
coordination, supportive services, transportation, and accessories	50779
and their upkeep, provided to medically handicapped children,	50780
provided that the provision of the goods or services is authorized	50781
by the department under division (B) or (D) of this section. Money	50782
appropriated to the department of health may also be expended for	50783
reasonable administrative costs incurred by the program. The	50784
department of health also may purchase liability insurance	50785
covering the provision of services under the program for medically	50786
handicapped children by physicians and other health care	50787
professionals.	50788

Payments made to providers by the department of health	50789
pursuant to this division for inpatient hospital care, outpatient	50790
care, and all other medical assistance furnished to eligible	50791
recipients shall be made in accordance with rules adopted by the	50792
director of health pursuant to division (A) of section 3701.021 of	50793
the Revised Code.	50794

The departments of health and ~~job and family services~~	50795
medicaid shall jointly implement procedures to ensure that	50796
duplicate payments are not made under the program for medically	50797
handicapped children and the ~~medical assistance~~medicaid program	50798
~~established under section 5111.01 of the Revised Code~~ and to	50799
identify and recover duplicate payments.	50800

(F) At the time of applying for participation in the program	50801
for medically handicapped children, a medically handicapped child	50802
or the child's parent or guardian shall disclose the identity of	50803
any third party against whom the child or the child's parent or	50804
guardian has or may have a right of recovery for goods and	50805
services provided under division (B) or (D) of this section. The	50806
department of health shall require a medically handicapped child	50807
who receives services from the program or the child's parent or	50808
guardian to apply for all third-party benefits for which the child	50809
may be eligible and require the child, parent, or guardian to	50810
apply all third-party benefits received to the amount determined	50811
under division (E) of this section as the amount payable for goods	50812
and services authorized under division (B) or (D) of this section.	50813
The department is the payer of last resort and shall pay for	50814
authorized goods or services, up to the amount determined under	50815
division (E) of this section for the authorized goods or services,	50816
only to the extent that payment for the authorized goods or	50817
services is not made through third-party benefits. When a third	50818
party fails to act on an application or claim for benefits by a	50819
medically handicapped child or the child's parent or guardian, the	50820
department shall pay for the goods or services only after ninety	50821
days have elapsed since the date the child, parents, or guardians	50822
made an application or claim for all third-party benefits.	50823
Third-party benefits received shall be applied to the amount	50824
determined under division (E) of this section. Third-party	50825
payments for goods and services not authorized under division (B)	50826
or (D) of this section shall not be applied to payment amounts	50827
determined under division (E) of this section. Payment made by the	50828
department shall be considered payment in full of the amount	50829
determined under division (E) of this section. Medicaid payments	50830
for persons eligible for the ~~medical assistance~~medicaid program	50831
~~established under section 5111.01 of the Revised Code~~ shall be	50832
considered payment in full of the amount determined under division	50833
(E) of this section.	50834

(G) The department of health shall administer a program to	50835
provide services to Ohio residents who are twenty-one or more	50836
years of age who have cystic fibrosis and who meet the eligibility	50837
requirements established in rules adopted by the director of	50838
health pursuant to division (A)(7) of section 3701.021 of the	50839
Revised Code, subject to all provisions of this section, but not	50840
subject to section 3701.024 of the Revised Code.	50841

(H) The department of health shall provide for appeals, in	50842
accordance with rules adopted under section 3701.021 of the	50843
Revised Code, of denials of applications for the program for	50844
medically handicapped children under division (A) or (D) of this	50845
section, disqualification of providers, or amounts paid under	50846
division (E) of this section. Appeals under this division are not	50847
subject to Chapter 119. of the Revised Code.	50848

The department may designate ombudspersons to assist	50849
medically handicapped children or their parents or guardians, upon	50850
the request of the children, parents, or guardians, in filing	50851
appeals under this division and to serve as children's, parents',	50852
or guardians' advocates in matters pertaining to the	50853
administration of the program for medically handicapped children	50854
and eligibility for program services. The ombudspersons shall	50855
receive no compensation but shall be reimbursed by the department,	50856
in accordance with rules of the office of budget and management,	50857
for their actual and necessary travel expenses incurred in the	50858
performance of their duties.	50859

(I) The department of health, and city and general health	50860
districts providing service coordination pursuant to division	50861
(A)(2) of section 3701.024 of the Revised Code, shall provide	50862
service coordination in accordance with the standards set forth in	50863
the rules adopted under section 3701.021 of the Revised Code,	50864
without charge, and without restriction as to economic status.	50865

(J)(1) The department of health may establish a manufacturer	50866
discount program under which a manufacturer of a drug or	50867
nutritional formula is permitted to enter into an agreement with	50868
the department to provide a discount on the price of the drug or	50869
nutritional formula distributed to medically handicapped children	50870
participating in the program for medically handicapped children.	50871
The program shall be administered in accordance with rules adopted	50872
under section 3701.021 of the Revised Code.	50873

(2) If a manufacturer enters into an agreement with the	50874
department as described in division (J)(1) of this section, the	50875
manufacturer and the department may negotiate the amount and terms	50876
of the discount.	50877

(3) In lieu of establishing a discount program as described	50878
in division (J)(1) of this section, the department and a	50879
manufacturer of a drug or nutritional formula may discuss a	50880
donation of drugs, nutritional formulas, or money by the	50881
manufacturer to the department.	50882

Sec. 3701.024. (A)(1) Under a procedure established in rules	50883
adopted under section 3701.021 of the Revised Code, the department	50884
of health shall determine the amount each county shall provide	50885
annually for the program for medically handicapped children, based	50886
on a proportion of the county's total general property tax	50887
duplicate, not to exceed one-tenth of a mill, and charge the	50888
county for any part of expenses incurred under the program for	50889
treatment services on behalf of medically handicapped children	50890
having legal settlement in the county that is not paid from	50891
federal funds or through the ~~medical assistance~~medicaid program	50892
~~established under section 5111.01 of the Revised Code~~. The	50893
department shall not charge the county for expenses exceeding the	50894
difference between the amount determined under division (A)(1) of	50895
this section and any amounts retained under divisions (A)(2) and	50896
(3) of this section.	50897

All amounts collected by the department under division (A)(1)	50898
of this section shall be deposited into the state treasury to the	50899
credit of the medically handicapped children-county assessment	50900
fund, which is hereby created. The fund shall be used by the	50901
department to comply with sections 3701.021 to 3701.028 of the	50902
Revised Code.	50903

(2) The department, in accordance with rules adopted under	50904
section 3701.021 of the Revised Code, may allow each county to	50905
retain up to ten per cent of the amount determined under division	50906
(A)(1) of this section to provide funds to city or general health	50907
districts of the county with which the districts shall provide	50908
service coordination, public health nursing, or transportation	50909
services for medically handicapped children.	50910

(3) In addition to any amount retained under division (A)(2)	50911
of this section, the department, in accordance with rules adopted	50912
under section 3701.021 of the Revised Code, may allow counties	50913
that it determines have significant numbers of potentially	50914
eligible medically handicapped children to retain an amount equal	50915
to the difference between:	50916

(a) Twenty-five per cent of the amount determined under	50917
division (A)(1) of this section;	50918

(b) Any amount retained under division (A)(2) of this	50919
section.	50920

Counties shall use amounts retained under division (A)(3) of	50921
this section to provide funds to city or general health districts	50922
of the county with which the districts shall conduct outreach	50923
activities to increase participation in the program for medically	50924
handicapped children.	50925

(4) Prior to any increase in the millage charged to a county,	50926
the director of health shall hold a public hearing on the proposed	50927
increase and shall give notice of the hearing to each board of	50928
county commissioners that would be affected by the increase at	50929
least thirty days prior to the date set for the hearing. Any	50930
county commissioner may appear and give testimony at the hearing.	50931
Any increase in the millage any county is required to provide for	50932
the program for medically handicapped children shall be	50933
determined, and notice of the amount of the increase shall be	50934
provided to each affected board of county commissioners, no later	50935
than the first day of June of the fiscal year next preceding the	50936
fiscal year in which the increase will take effect.	50937

(B) Each board of county commissioners shall establish a	50938
medically handicapped children's fund and shall appropriate	50939
thereto an amount, determined in accordance with division (A)(1)	50940
of this section, for the county's share in providing medical,	50941
surgical, and other aid to medically handicapped children residing	50942
in such county and for the purposes specified in divisions (A)(2)	50943
and (3) of this section. Each county shall use money retained	50944
under divisions (A)(2) and (3) of this section only for the	50945
purposes specified in those divisions.	50946

Sec. 3701.027. The department of health shall administer	50947
funds received from the "Maternal and Child Health Block Grant,"	50948
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	50949
U.S.C.A. 701, as amended, for programs including the program for	50950
medically handicapped children, and to provide technical	50951
assistance and consultation to city and general health districts	50952
and local health planning organizations in implementing local,	50953
community-based, family-centered, coordinated systems of care for	50954
medically handicapped children. The department may make grants to	50955
persons and other entities for the provision of services with the	50956
funds. In addition, the department may use the funds to purchase	50957
liability insurance covering the provision of services under the	50958
programs by physicians and other health care professionals, and to	50959
pay health insurance premiums on behalf of medically handicapped	50960
children participating in the program for medically handicapped	50961
children when the department determines, in accordance with	50962
criteria set forth in rules adopted under division (A)(9) of	50963
section 3701.021 of the Revised Code, that payment of the premiums	50964
is cost effective.	50965

In determining eligibility for services provided with funds	50966
received from the "Maternal and Child Health Block Grant," the	50967
department may use the application form established under section	50968
~~5111.013~~5163.40 of the Revised Code. The department may require	50969
applicants to furnish their social security numbers. Funds from	50970
the "Maternal and Child Health Block Grant" that are administered	50971
for the purpose of providing family planning services shall be	50972
distributed in accordance with section 3701.033 of the Revised	50973
Code.	50974

Sec. 3701.033. (A) This section establishes the order of	50975
priority to be followed by the department of health when	50976
distributing funds for the purpose of providing family planning	50977
services, including funds the department receives through the	50978
"Maternal and Child Health Block Grant," Title V of the "Social	50979
Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and	50980
funds the department receives through Title X of the "Public	50981
Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as	50982
amended. This section does not apply to grants awarded by the	50983
department under section 3701.046 of the Revised Code.	50984

(B) With respect to each period during which funds from a	50985
particular source are distributed for the purpose of providing	50986
family planning services, the department is subject to both of the	50987
following when distributing the funds to applicants seeking those	50988
funds:	50989

(1) Foremost priority shall be given to public entities that	50990
are operated by state or local government entities and that	50991
provide or are able to provide family planning services.	50992

(2) If any funds remain after the department distributes	50993
funds to public entities under division (B)(1) of this section,	50994
the department may distribute funds to nonpublic entities. If	50995
funds are distributed to nonpublic entities, the department shall	50996
distribute the funds in the following order of descending	50997
priority:	50998

(a) Nonpublic entities that are federally qualified health	50999
centers or federally qualified health center look-alikes, both as	51000
defined in section 3701.047 of the Revised Code, or community	51001
action agencies, as defined in section 122.66 of the Revised Code;	51002

(b) Nonpublic entities that provide comprehensive primary and	51003
preventive care services in addition to family planning services;	51004

(c) Nonpublic entities that provide family planning services,	51005
but do not provide comprehensive primary and preventive care	51006
services.	51007

Sec. 3701.13. The department of health shall have	51008
supervision of all matters relating to the preservation of the	51009
life and health of the people and have ultimate authority in	51010
matters of quarantine and isolation, which it may declare and	51011
enforce, when neither exists, and modify, relax, or abolish, when	51012
either has been established. The department may approve methods of	51013
immunization against the diseases specified in section 3313.671 of	51014
the Revised Code for the purpose of carrying out the provisions of	51015
that section and take such actions as are necessary to encourage	51016
vaccination against those diseases.	51017

The department may make special or standing orders or rules	51018
for preventing the use of fluoroscopes for nonmedical purposes	51019
~~which~~that emit doses of radiation likely to be harmful to any	51020
person, for preventing the spread of contagious or infectious	51021
diseases, for governing the receipt and conveyance of remains of	51022
deceased persons, and for such other sanitary matters as are best	51023
controlled by a general rule. Whenever possible, the department	51024
shall work in cooperation with the health commissioner of a	51025
general or city health district. ItThe department may make and	51026
enforce orders in local matters or reassign substantive authority	51027
for mandatory programs from a general or city health district to	51028
another general or city health district when an emergency exists,	51029
or when the board of health of a general or city health district	51030
has neglected or refused to act with sufficient promptness or	51031
efficiency, or when such board has not been established as	51032
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	51033
3709.12, and 3709.14 of the Revised Code. In such cases, the	51034
necessary expense incurred shall be paid by the general health	51035
district or city for which the services are rendered.	51036

The department of health may require general or city health	51037
districts to enter into agreements for shared services under	51038
section 9.482 of the Revised Code.	51039

As a condition precedent to receiving funding from the	51040
department of health, the director of health may require general	51041
or city health districts to be accredited not later than July 1,	51042
2018, by an accreditation body approved by the director.	51043

The department may make evaluative studies of the nutritional	51044
status of Ohio residents, and of the food and nutrition-related	51045
programs operating within the state. Every agency of the state, at	51046
the request of the department, shall provide information and	51047
otherwise assist in the execution of such studies.	51048

Sec. 3701.132. The department of health is hereby designated	51049
as the state agency to administer the "special supplemental	51050
nutrition program for women, infants, and children" established	51051
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	51052
1786, as amended. The director of health may adopt rules pursuant	51053
to Chapter 119. of the Revised Code as necessary for administering	51054
the program. The rules may include civil money penalties for	51055
violations of the rules.	51056

In determining eligibility for services provided under the	51057
program, the department may use the application form established	51058
under section ~~5111.013~~5163.40 of the Revised Code for the healthy	51059
start program. The department may require applicants to furnish	51060
their social security numbers.	51061

If the department determines that a vendor has committed an	51062
act with respect to the program that federal statutes or	51063
regulations or state statutes or rules prohibit, the department	51064
shall take action against the vendor in the manner required by 7	51065
C.F.R. part 246, including imposition of a civil money penalty in	51066
accordance with 7 C.F.R. 246.12, or rules adopted under this	51067
section.	51068

Sec. 3701.243. (A) Except as provided in this section or	51069
section 3701.248 of the Revised Code, no person or agency of state	51070
or local government that acquires the information while providing	51071
any health care service or while in the employ of a health care	51072
facility or health care provider shall disclose or compel another	51073
to disclose any of the following:	51074

(1) The identity of any individual on whom an HIV test is	51075
performed;	51076

(2) The results of an HIV test in a form that identifies the	51077
individual tested;	51078

(3) The identity of any individual diagnosed as having AIDS	51079
or an AIDS-related condition.	51080

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	51081
(F) of this section, the results of an HIV test or the identity of	51082
an individual on whom an HIV test is performed or who is diagnosed	51083
as having AIDS or an AIDS-related condition may be disclosed only	51084
to the following:	51085

(a) The individual who was tested or the individual's legal	51086
guardian, and the individual's spouse or any sexual partner;	51087

(b) A person to whom disclosure is authorized by a written	51088
release, executed by the individual tested or by the individual's	51089
legal guardian and specifying to whom disclosure of the test	51090
results or diagnosis is authorized and the time period during	51091
which the release is to be effective;	51092

51093

(d) The department of health or a health commissioner to	51094
which reports are made under section 3701.24 of the Revised Code;	51095

(e) A health care facility or provider that procures,	51096
processes, distributes, or uses a human body part from a deceased	51097
individual, donated for a purpose specified in Chapter 2108. of	51098
the Revised Code, and that needs medical information about the	51099
deceased individual to ensure that the body part is medically	51100
acceptable for its intended purpose;	51101

(f) Health care facility staff committees or accreditation or	51102
oversight review organizations conducting program monitoring,	51103
program evaluation, or service reviews;	51104

(g) A health care provider, emergency medical services	51105
worker, or peace officer who sustained a significant exposure to	51106
the body fluids of another individual, if that individual was	51107
tested pursuant to division (E)(6) of section 3701.242 of the	51108
Revised Code, except that the identity of the individual tested	51109
shall not be revealed;	51110

(h) To law enforcement authorities pursuant to a search	51111
warrant or a subpoena issued by or at the request of a grand jury,	51112
a prosecuting attorney, a city director of law or similar chief	51113
legal officer of a municipal corporation, or a village solicitor,	51114
in connection with a criminal investigation or prosecution.	51115

(2) The results of an HIV test or a diagnosis of AIDS or an	51116
AIDS-related condition may be disclosed to a health care provider,	51117
or an authorized agent or employee of a health care facility or a	51118
health care provider, if the provider, agent, or employee has a	51119
medical need to know the information and is participating in the	51120
diagnosis, care, or treatment of the individual on whom the test	51121
was performed or who has been diagnosed as having AIDS or an	51122
AIDS-related condition.	51123

This division does not impose a standard of disclosure	51124
different from the standard for disclosure of all other specific	51125
information about a patient to health care providers and	51126
facilities. Disclosure may not be requested or made solely for the	51127
purpose of identifying an individual who has a positive HIV test	51128
result or has been diagnosed as having AIDS or an AIDS-related	51129
condition in order to refuse to treat the individual. Referral of	51130
an individual to another health care provider or facility based on	51131
reasonable professional judgment does not constitute refusal to	51132
treat the individual.	51133

(3) Not later than ninety days after November 1, 1989, each	51134
health care facility in this state shall establish a protocol to	51135
be followed by employees and individuals affiliated with the	51136
facility in making disclosures authorized by division (B)(2) of	51137
this section. A person employed by or affiliated with a health	51138
care facility who determines in accordance with the protocol	51139
established by the facility that a disclosure is authorized by	51140
division (B)(2) of this section is immune from liability to any	51141
person in a civil action for damages for injury, death, or loss to	51142
person or property resulting from the disclosure.	51143

(C)(1) Any person or government agency may seek access to or	51144
authority to disclose the HIV test records of an individual in	51145
accordance with the following provisions:	51146

(a) The person or government agency shall bring an action in	51147
a court of common pleas requesting disclosure of or authority to	51148
disclose the results of an HIV test of a specific individual, who	51149
shall be identified in the complaint by a pseudonym but whose name	51150
shall be communicated to the court confidentially, pursuant to a	51151
court order restricting the use of the name. The court shall	51152
provide the individual with notice and an opportunity to	51153
participate in the proceedings if the individual is not named as a	51154
party. Proceedings shall be conducted in chambers unless the	51155
individual agrees to a hearing in open court.	51156

(b) The court may issue an order granting the plaintiff	51157
access to or authority to disclose the test results only if the	51158
court finds by clear and convincing evidence that the plaintiff	51159
has demonstrated a compelling need for disclosure of the	51160
information that cannot be accommodated by other means. In	51161
assessing compelling need, the court shall weigh the need for	51162
disclosure against the privacy right of the individual tested and	51163
against any disservice to the public interest that might result	51164
from the disclosure, such as discrimination against the individual	51165
or the deterrence of others from being tested.	51166

(c) If the court issues an order, it shall guard against	51167
unauthorized disclosure by specifying the persons who may have	51168
access to the information, the purposes for which the information	51169
shall be used, and prohibitions against future disclosure.	51170

(2) A person or government agency that considers it necessary	51171
to disclose the results of an HIV test of a specific individual in	51172
an action in which it is a party may seek authority for the	51173
disclosure by filing an in camera motion with the court in which	51174
the action is being heard. In hearing the motion, the court shall	51175
employ procedures for confidentiality similar to those specified	51176
in division (C)(1) of this section. The court shall grant the	51177
motion only if it finds by clear and convincing evidence that a	51178
compelling need for the disclosure has been demonstrated.	51179

(3) Except for an order issued in a criminal prosecution or	51180
an order under division (C)(1) or (2) of this section granting	51181
disclosure of the result of an HIV test of a specific individual,	51182
a court shall not compel a blood bank, hospital blood center, or	51183
blood collection facility to disclose the result of HIV tests	51184
performed on the blood of voluntary donors in a way that reveals	51185
the identity of any donor.	51186

(4) In a civil action in which the plaintiff seeks to recover	51187
damages from an individual defendant based on an allegation that	51188
the plaintiff contracted the HIV virus as a result of actions of	51189
the defendant, the prohibitions against disclosure in this section	51190
do not bar discovery of the results of any HIV test given to the	51191
defendant or any diagnosis that the defendant suffers from AIDS or	51192
an AIDS-related condition.	51193

(D) The results of an HIV test or the identity of an	51194
individual on whom an HIV test is performed or who is diagnosed as	51195
having AIDS or an AIDS-related condition may be disclosed to a	51196
federal, state, or local government agency, or the official	51197
representative of such an agency, for purposes of the ~~medical~~	51198
~~assistance~~medicaid program ~~established under section 5111.01 of~~	51199
~~the Revised Code~~, the medicare program ~~established under Title~~	51200
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	51201
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	51202

(E) Any disclosure pursuant to this section shall be in	51203
writing and accompanied by a written statement that includes the	51204
following or substantially similar language: "This information has	51205
been disclosed to you from confidential records protected from	51206
disclosure by state law. You shall make no further disclosure of	51207
this information without the specific, written, and informed	51208
release of the individual to whom it pertains, or as otherwise	51209
permitted by state law. A general authorization for the release of	51210
medical or other information is not sufficient for the purpose of	51211
the release of HIV test results or diagnoses."	51212

(F) An individual who knows that the individual has received	51213
a positive result on an HIV test or has been diagnosed as having	51214
AIDS or an AIDS-related condition shall disclose this information	51215
to any other person with whom the individual intends to make	51216
common use of a hypodermic needle or engage in sexual conduct as	51217
defined in section 2907.01 of the Revised Code. An individual's	51218
compliance with this division does not prohibit a prosecution of	51219
the individual for a violation of division (B) of section 2903.11	51220
of the Revised Code.	51221

(G) Nothing in this section prohibits the introduction of	51222
evidence concerning an HIV test of a specific individual in a	51223
criminal proceeding.	51224

Sec. 3701.261. (A) As used in this section, "state	51225
university" has the same meaning as in section 3345.011 of the	51226
Revised Code.	51227

(B) The director of health shall:

51228

(1) Establish a population-based cancer registry, which shall	51229
be known as the Ohio cancer incidence surveillance system, to	51230
monitor the incidence of various types of malignant diseases in	51231
Ohio, make appropriate epidemiologic studies to determine any	51232
causal relations of such diseases with occupational, nutritional,	51233
environmental, or infectious conditions, and alleviate or	51234
eliminate any such conditions;	51235

(2) Advise, consult, cooperate with, and assist, by contract	51236
or otherwise, agencies of the state and federal government,	51237
agencies of the governments of other states, agencies of political	51238
subdivisions of this state, universities, private organizations,	51239
corporations, and associations for the purposes of division	51240
~~(A)~~(B)(1) of this section;	51241

(3) Accept and administer grants from the federal government	51242
or other sources, public or private, for carrying out any of the	51243
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	51244
section.	51245

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	51246
follow a model of cancer data collection as set forth by the	51247
survey epidemiology and end results system (SEERS).	51248

(D) The department may, by contract, designate a state	51249
university as an agent to implement some or all of this section	51250
and section 3701.262 of the Revised Code and the rules adopted	51251
under those sections.	51252

Sec. 3701.262. (A) As used in this section ~~and section~~	51253
~~3701.263 of the Revised Code~~:	51254

(1) "Physician" means a person who holds a valid certificate	51255
issued under Chapter 4731. of the Revised Code authorizing the	51256
person to practice medicine orand surgery or osteopathic medicine	51257
and surgery.	51258

(2) "Dentist" means a person who is licensed under Chapter	51259
4715. of the Revised Code to practice dentistry.	51260

(3) "Hospital" has the same meaning as in section 3727.01 of	51261
the Revised Code.	51262

(4) "Cancer" includes those diseases specified by rule of the	51263
director of health under division (B)(2) of this section.	51264

(B) The director of health shall adopt rules in accordance	51265
with Chapter 119. of the Revised Code to do all of the following:	51266

(1) Establish the Ohio cancer incidence surveillance system	51267
required by section 3701.261 of the Revised Code;	51268

(2) Specify the types of cancer and other tumorous and	51269
precancerous diseases to be reported to the department of health	51270
under division (D) of this section;	51271

(3) Establish reporting requirements for information	51272
concerning diagnosed cancer cases as the director considers	51273
necessary to conduct epidemiologic surveys of cancer in this	51274
state;	51275

(4) Establish standards that must be met by research projects	51276
to be eligible to receive information concerning individual cancer	51277
patients from the department of health ~~under division (B) of~~	51278
~~section 3701.263 of the Revised Code~~.	51279

(C) The department of health shall record in the registry all	51280
reports of cancer received by it. In the development and	51281
administration of the cancer registry the department may use	51282
information compiled by public or private cancer registries and	51283
may contract for the collection and analysis of, and research	51284
related to, the information recorded under this section.	51285

(D)(1) Each physician, dentist, hospital, or person providing	51286
diagnostic or treatment services to patients with cancer shall	51287
report each case of cancer to the department. Any person required	51288
to report pursuant to this section may elect to report to the	51289
department through an existing cancer registry if the registry	51290
meets the reporting standards established by the director and	51291
reports to the department.	51292

(2) No person shall fail to make the cancer reports required	51293
by division (D)(1) of this section.	51294

(E) All physicians, dentists, hospitals, or persons providing	51295
diagnostic or treatment services to patients with cancer shall	51296
grant to the department or its authorized representative access to	51297
all records that identify cases of cancer or establish	51298
characteristics of cancer, the treatment of cancer, or the medical	51299
status of any identified cancer patient.	51300

(F) The Arthur G. James cancer hospital and Richard J. Solove	51301
research institute of the Ohio state university, shall analyze and	51302
evaluate the cancer reports collected pursuant to this section.	51303
The department shall publish and make available to the public	51304
reports summarizing the information collected. Reports shall be	51305
made on a calendar year basis and published not later than ninety	51306
days after the end of each calendar year.	51307

(G) Furnishing information, including records, reports,	51308
statements, notes, memoranda, or other information, to the	51309
department of health, either voluntarily or as required by this	51310
section, or to a person or governmental entity designated as a	51311
medical research project by the department, does not subject a	51312
physician, dentist, hospital, or person providing diagnostic or	51313
treatment services to patients with cancer to liability in an	51314
action for damages or other relief for furnishing the information.	51315

(H) This section does not affect the authority of any person	51316
or facility providing diagnostic or treatment services to patients	51317
with cancer to maintain facility-based tumor registries, in	51318
addition to complying with the reporting requirements of this	51319
section.	51320

~~(I) No person shall fail to make the cancer reports required~~	51321
~~by division (D) of this section.~~	51322

Sec. 3701.264. There is hereby created the Ohio cancer	51323
incidence surveillance system advisory board. The board shall	51324
consist of the director of health, who shall serve as chair of the	51325
board, and one representative, appointed by the governor, from	51326
each medical school accredited by the liaison committee on medical	51327
education and each osteopathic medical school accredited by the	51328
American osteopathic association in Ohio. In addition, the	51329
director of health shall appoint up to three additional members of	51330
the board. Vacancies on the board shall be filled in the same	51331
manner as the initial appointments. Members shall serve without	51332
compensation.	51333

The board shall provide oversight of the collection and	51334
analysis of data by the Ohio cancer incidence surveillance system	51335
to the director of health and the Arthur G. James cancer hospital	51336
and Richard J. Solove research institute of the Ohio state	51337
university and advise in the implementation of sections 3701.261	51338
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	51339
and conduct its business as directed by the chair.	51340

~~The board shall report to the finance committees of both~~	51341
~~houses of the general assembly, not later than March 1, 2001, on~~	51342
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	51343
~~the Revised Code.~~	51344

The board is not subject to sections 101.82 to 101.87 of the	51345
Revised Code.	51346

Sec. 3701.342. ~~After consultation with the public health~~	51347
~~standards task force established under section 3701.343 of the~~	51348
~~Revised Code, the~~The director of health shall adopt rules	51349
establishing minimum standards and optimum achievable standards	51350
for boards of health and local health departments. The minimum	51351
standards shall assure that boards of health and local health	51352
departments provide for:	51353

(A) Analysis and prevention of communicable disease;

51354

(B) Analysis of the causes of, and appropriate treatment for,	51355
the leading causes of morbidity and mortality;	51356

(C) The administration and management of the local health	51357
department;	51358

(D) Access to primary health care by medically underserved	51359
individuals;	51360

(E) Environmental health management programs;

51361

(F) Health promotion services designed to encourage	51362
individual and community wellness;	51363

(G) Annual completion of two continuing education units by	51364
each member of a board of health.	51365

The director shall adopt rules establishing a formula for	51366
distribution of state health district subsidy funds to boards of	51367
health and local health departments. The formula shall provide no	51368
subsidy funds to a board or department unless it meets minimum	51369
standards and shall provide higher funding levels for boards and	51370
districts that meet optimum achievable standards.	51371

Notwithstanding section 119.03 of the Revised Code, rules	51372
adopted under this section shall not take effect unless approved	51373
by concurrent resolution of the general assembly.	51374

Sec. 3701.344. As used in this section and sections	51375
3701.345, 3701.346, and 3701.347 of the Revised Code:	51376

(A) "Private water system" means any water system for the	51377
provision of water for human consumption, if such system has fewer	51378
than fifteen service connections and does not regularly serve an	51379
average of at least twenty-five individuals daily at least sixty	51380
days out of the year. A private water system includes any well,	51381
spring, cistern, pond, or hauled water and any equipment for the	51382
collection, transportation, filtration, disinfection, treatment,	51383
or storage of such water extending from and including the source	51384
of the water to the point of discharge from any pressure tank or	51385
other storage vessel; to the point of discharge from the water	51386
pump where no pressure tank or other storage vessel is present;	51387
or, in the case of multiple service connections serving more than	51388
one dwelling, to the point of discharge from each service	51389
connection. "Private water system" does not include the water	51390
service line extending from the point of discharge to a structure.	51391

(B) Notwithstanding section 3701.347 of the Revised Code and	51392
subject to division (C) of this section, rules adopted by the	51393
director of health regarding private water systems shall provide	51394
for the following:	51395

(1) Except as otherwise provided in this division, boards of	51396
health of city or general health districts shall be given the	51397
exclusive power to establish fees in accordance with section	51398
3709.09 of the Revised Code for administering and enforcing such	51399
rules. Such fees shall establish a different rate for	51400
administering and enforcing the rules relative to private water	51401
systems serving single-family dwelling houses and nonsingle-family	51402
dwelling houses. Except for an amount established by the director,	51403
pursuant to division (B)(5) of this section, for each new private	51404
water system installation, no portion of any fee for administering	51405
and enforcing such rules shall be returned to the department of	51406
health. If the director of health determines that a board of	51407
health of a city or general health district is unable to	51408
administer and enforce a private water system program in the	51409
district, the director shall administer and enforce such a program	51410
in the district and establish fees for such administration and	51411
enforcement.	51412

(2) Boards of health of city or general health districts	51413
shall be given the exclusive power to determine the number of	51414
inspections necessary for determining the safe drinking	51415
characteristics of a private water system.	51416

(3) Private water systems contractors, as a condition of	51417
doing business in this state, shall annually register with, and	51418
comply with surety bonding requirements of, the department of	51419
health. No such contractor shall be permitted to register if the	51420
contractor fails to comply with all applicable rules adopted by	51421
the director and the board of health of the city or general health	51422
district. The annual registration fee for private water systems	51423
contractors shall be sixty-five dollars. The director, by rule	51424
adopted in accordance with Chapter 119. of the Revised Code, may	51425
increase the annual registration fee.	51426

(4) Subject to rules adopted by the director, boards of	51427
health of city or general health districts shall have the option	51428
of determining whether bacteriological examinations shall be	51429
performed at approved laboratories of the state or at approved	51430
private laboratories.	51431

(5) The director may establish fees for each new private	51432
water system installation, which shall be collected by the	51433
appropriate board of health and transmitted to the director	51434
pursuant to section 3709.092 of the Revised Code.	51435

(6) All fees received by the director of health under	51436
divisions (B)(1), (3), and (5) of this section shall be deposited	51437
in the state treasury to the credit of the general operations fund	51438
created in section 3701.83 of the Revised Code for use in the	51439
administration and enforcement of sections 3701.344 to 3701.347 of	51440
the Revised Code and the rules pertaining to private water systems	51441
adopted under those sections.	51442

(C) To the extent that rules adopted under division (B) of	51443
this section require health districts to follow specific	51444
procedures or use prescribed forms, no such procedure or form	51445
shall be implemented until it is approved by majority vote of an	51446
approval board of health commissioners, hereby created. Members of	51447
the board shall be the officers of the association of Ohio health	51448
commissioners, or any successor organization, and membership on	51449
the board shall be coterminous with holding an office of the	51450
association. No health district is required to follow a procedure	51451
or use a form required by a rule adopted under division (B) of	51452
this section without the approval of the board.	51453

(D) A board of health shall collect well log filing fees on	51454
behalf of the division of soil and water resources in the	51455
department of natural resources in accordance with section 1521.05	51456
of the Revised Code and rules adopted under it. The fees shall be	51457
submitted to the division quarterly as provided in those rules.	51458

(E) A water system that does not provide water for human	51459
consumption shall not be required to obtain a permit or license	51460
issued under, pay any fees assessed or levied under, or comply	51461
with any rule adopted under sections 3701.34 to 3701.347 of the	51462
Revised Code.	51463

Sec. 3701.507. (A) To assist in implementing sections	51464
3701.503 to 3701.509 of the Revised Code, the medically	51465
handicapped children's medical advisory council created in section	51466
3701.025 of the Revised Code shall appoint a permanent infant	51467
hearing screening subcommittee. The subcommittee shall consist of	51468
the following members:	51469

(1) One otolaryngologist;

51470

(2) One neonatologist;

51471

(3) One pediatrician;

51472

(4) One neurologist;

51473

(5) One hospital administrator;

51474

(6) Two or more audiologists who are experienced in infant	51475
hearing screening and evaluation;	51476

(7) One speech-language pathologist licensed under section	51477
4753.07 of the Revised Code;	51478

(8) Two persons who are each a parent of a hearing-impaired	51479
child;	51480

(9) One geneticist;

51481

(10) One epidemiologist;

51482

(11) One adult who is deaf or hearing impaired;

51483

(12) One representative from an organization for the deaf or	51484
hearing impaired;	51485

(13) One family advocate;

51486

(14) One nurse from a well-baby neonatal nursery;

51487

(15) One nurse from a special care neonatal nursery;

51488

(16) One teacher of the deaf who works with infants and	51489
toddlers;	51490

(17) One representative of the health insurance industry;

51491

(18) One representative of the bureau for children with	51492
medical handicaps;	51493

(19) One representative of the department of education;

51494

(20) One representative of the ~~Ohio~~ department of ~~job and~~	51495
~~family services who has responsibilities regarding~~ medicaid;	51496

(21) Any other person the advisory council appoints.

51497

(B) The infant hearing subcommittee shall:

51498

(1) Consult with the director of health regarding the	51499
administration of sections 3701.503 to 3701.509 of the Revised	51500
Code;	51501

(2) Advise and make recommendations regarding proposed rules	51502
prior to their adoption by the director under section 3701.508 of	51503
the Revised Code;	51504

(3) Consult with the director of health and advise and make	51505
recommendations regarding program development and implementation	51506
under sections 3701.503 to 3701.509 of the Revised Code, including	51507
all of the following:	51508

(a) Establishment under section 3701.504 of the Revised Code	51509
of the statewide hearing screening, tracking, and early	51510
intervention program to identify newborn and infant hearing	51511
impairment;	51512

(b) Identification of locations where hearing evaluations may	51513
be conducted;	51514

(c) Recommendations for methods and techniques of hearing	51515
screening and hearing evaluation;	51516

(d) Referral, data recording and compilation, and procedures	51517
to encourage follow-up hearing care;	51518

(e) Maintenance of a register of newborns and infants who do	51519
not pass the hearing screening;	51520

(f) Preparation of the information required by section	51521
3701.506 of the Revised Code.	51522

Sec. 3701.5010. (A) As used in this section:

51523

(1) "Critical congenital heart defects screening" means the	51524
identification of a newborn that may have a critical congenital	51525
heart defect, through the use of a physiologic test;	51526

(2) "Freestanding birthing center" has the same meaning as in	51527
section 3702.141 of the Revised Code;	51528

(3) "Hospital," "maternity unit," "newborn," and "physician"	51529
have the same meanings as in section 3701.503 of the Revised Code.	51530

(B) Except as provided in division (C) of this section, each	51531
hospital and each freestanding birthing center shall conduct a	51532
critical congenital heart defects screening on each newborn born	51533
in the hospital or center, unless the newborn is being transferred	51534
to another hospital. The screening shall be performed after the	51535
newborn reaches twenty-four hours of age but before discharge. If	51536
the newborn is transferred to another hospital, that hospital	51537
shall conduct the screening when determined to be medically	51538
appropriate.	51539

The hospital or center shall promptly notify the newborn's	51540
parent, guardian, or custodian and attending physician of the	51541
screening results. The hospital or center shall notify the	51542
department of health of the screening results for each newborn	51543
screened.	51544

(C) A hospital or freestanding birthing center shall not	51545
conduct a critical congenital heart defects screening if the	51546
newborn's parent objects on the grounds that the screening	51547
conflicts with the parent's religious tenets and practices.	51548

(D) The director of health shall establish and maintain a	51549
statewide tracking and monitoring system to ensure that universal	51550
critical congenital heart defects screening is implemented.	51551

(E) The director shall adopt rules in accordance with Chapter	51552
119. of the Revised Code establishing standards and procedures for	51553
the screening required by this section, including all of the	51554
following:	51555

(1) Identifying the critical congenital heart defects to be	51556
included in the screening;	51557

(2) Specifying equipment to be used for and methods of	51558
screening for critical congenital heart defects;	51559

(3) Designating the person or persons who will be responsible	51560
for causing screenings and rescreenings to be performed;	51561

(4) Providing notice to the newborn's parent, guardian, or	51562
custodian of the required initial screening and the possibility	51563
that rescreenings may be necessary;	51564

(5) Communicating to the newborn's parent, guardian, or	51565
custodian and attending physician the results of the screening and	51566
any rescreenings;	51567

(6) Causing rescreenings to be performed when initial	51568
screenings have abnormal results;	51569

(7) Referring newborns who receive abnormal screening or	51570
rescreening results to providers of follow-up services.	51571

Sec. 3701.541. As used in this section, "board of health"	51572
means the board of health of a city or general health district or	51573
the authority having the duties of a board of health under section	51574
3709.05 of the Revised Code.	51575

Any state funds or funds from the federal government	51576
distributed by the department of health to a board of health or a	51577
city or general health district shall be distributed directly to	51578
the board or district. The department shall not distribute any	51579
such funds on a regional basis.	51580

Sec. 3701.74. (A) As used in this section and section	51581
3701.741 of the Revised Code:	51582

(1) "Ambulatory care facility" means a facility that provides	51583
medical, diagnostic, or surgical treatment to patients who do not	51584
require hospitalization, including a dialysis center, ambulatory	51585
surgical facility, cardiac catheterization facility, diagnostic	51586
imaging center, extracorporeal shock wave lithotripsy center, home	51587
health agency, inpatient hospice, birthing center, radiation	51588
therapy center, emergency facility, and an urgent care center.	51589
"Ambulatory care facility" does not include the private office of	51590
a physician or dentist, whether the office is for an individual or	51591
group practice.	51592

(2) "Chiropractor" means an individual licensed under Chapter	51593
4734. of the Revised Code to practice chiropractic.	51594

(3) "Emergency facility" means a hospital emergency	51595
department or any other facility that provides emergency medical	51596
services.	51597

(4) "Health care practitioner" means all of the following:

51598

(a) A dentist or dental hygienist licensed under Chapter	51599
4715. of the Revised Code;	51600

(b) A registered or licensed practical nurse licensed under	51601
Chapter 4723. of the Revised Code;	51602

(c) An optometrist licensed under Chapter 4725. of the	51603
Revised Code;	51604

(d) A dispensing optician, spectacle dispensing optician,	51605
contact lens dispensing optician, or spectacle-contact lens	51606
dispensing optician licensed under Chapter 4725. of the Revised	51607
Code;	51608

(e) A pharmacist licensed under Chapter 4729. of the Revised	51609
Code;	51610

(f) A physician;

51611

(g) A physician assistant authorized under Chapter 4730. of	51612
the Revised Code to practice as a physician assistant;	51613

(h) A practitioner of a limited branch of medicine issued a	51614
certificate under Chapter 4731. of the Revised Code;	51615

(i) A psychologist licensed under Chapter 4732. of the	51616
Revised Code;	51617

(j) A chiropractor;

51618

(k) A hearing aid dealer or fitter licensed under Chapter	51619
4747. of the Revised Code;	51620

(l) A speech-language pathologist or audiologist licensed	51621
under Chapter 4753. of the Revised Code;	51622

(m) An occupational therapist or occupational therapy	51623
assistant licensed under Chapter 4755. of the Revised Code;	51624

(n) A physical therapist or physical therapy assistant	51625
licensed under Chapter 4755. of the Revised Code;	51626

(o) A professional clinical counselor, professional	51627
counselor, social worker, or independent social worker licensed,	51628
or a social work assistant registered, under Chapter 4757. of the	51629
Revised Code;	51630

(p) A dietitian licensed under Chapter 4759. of the Revised	51631
Code;	51632

(q) A respiratory care professional licensed under Chapter	51633
4761. of the Revised Code;	51634

(r) An emergency medical technician-basic, emergency medical	51635
technician-intermediate, or emergency medical technician-paramedic	51636
certified under Chapter 4765. of the Revised Code.	51637

(5) "Health care provider" means a hospital, ambulatory care	51638
facility, long-term care facility, pharmacy, emergency facility,	51639
or health care practitioner.	51640

(6) "Hospital" has the same meaning as in section 3727.01 of	51641
the Revised Code.	51642

(7) "Long-term care facility" means a nursing home,	51643
residential care facility, or home for the aging, as those terms	51644
are defined in section 3721.01 of the Revised Code; a residential	51645
facility licensed under section ~~5119.22~~5119.34 of the Revised	51646
Code that provides accommodations, supervision, and personal care	51647
services for three to sixteen unrelated adults; a nursing facility	51648
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	51649
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	51650
~~a facility or portion of a facility certified as~~ a skilled nursing	51651
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	51652
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	51653
5165.01 of the Revised Code; and an intermediate care facility for	51654
the mentally retarded, as defined in section 5124.01 of the	51655
Revised Code.	51656

(8) "Medical record" means data in any form that pertains to	51657
a patient's medical history, diagnosis, prognosis, or medical	51658
condition and that is generated and maintained by a health care	51659
provider in the process of the patient's health care treatment.	51660

(9) "Medical records company" means a person who stores,	51661
locates, or copies medical records for a health care provider, or	51662
is compensated for doing so by a health care provider, and charges	51663
a fee for providing medical records to a patient or patient's	51664
representative.	51665

(10) "Patient" means either of the following:

51666

(a) An individual who received health care treatment from a	51667
health care provider;	51668

(b) A guardian, as defined in section 1337.11 of the Revised	51669
Code, of an individual described in division (A)(10)(a) of this	51670
section.	51671

(11) "Patient's personal representative" means a minor	51672
patient's parent or other person acting in loco parentis, a	51673
court-appointed guardian, or a person with durable power of	51674
attorney for health care for a patient, the executor or	51675
administrator of the patient's estate, or the person responsible	51676
for the patient's estate if it is not to be probated. "Patient's	51677
personal representative" does not include an insurer authorized	51678
under Title XXXIX of the Revised Code to do the business of	51679
sickness and accident insurance in this state, a health insuring	51680
corporation holding a certificate of authority under Chapter 1751.	51681
of the Revised Code, or any other person not named in this	51682
division.	51683

(12) "Pharmacy" has the same meaning as in section 4729.01 of	51684
the Revised Code.	51685

(13) "Physician" means a person authorized under Chapter	51686
4731. of the Revised Code to practice medicine and surgery,	51687
osteopathic medicine and surgery, or podiatric medicine and	51688
surgery.	51689

(14) "Authorized person" means a person to whom a patient has	51690
given written authorization to act on the patient's behalf	51691
regarding the patient's medical record.	51692

(B) A patient, a patient's personal representative or an	51693
authorized person who wishes to examine or obtain a copy of part	51694
or all of a medical record shall submit to the health care	51695
provider a written request signed by the patient, personal	51696
representative, or authorized person dated not more than one year	51697
before the date on which it is submitted. The request shall	51698
indicate whether the copy is to be sent to the requestor,	51699
physician or chiropractor, or held for the requestor at the office	51700
of the health care provider. Within a reasonable time after	51701
receiving a request that meets the requirements of this division	51702
and includes sufficient information to identify the record	51703
requested, a health care provider that has the patient's medical	51704
records shall permit the patient to examine the record during	51705
regular business hours without charge or, on request, shall	51706
provide a copy of the record in accordance with section 3701.741	51707
of the Revised Code, except that if a physician or chiropractor	51708
who has treated the patient determines for clearly stated	51709
treatment reasons that disclosure of the requested record is	51710
likely to have an adverse effect on the patient, the health care	51711
provider shall provide the record to a physician or chiropractor	51712
designated by the patient. The health care provider shall take	51713
reasonable steps to establish the identity of the person making	51714
the request to examine or obtain a copy of the patient's record.	51715

(C) If a health care provider fails to furnish a medical	51716
record as required by division (B) of this section, the patient,	51717
personal representative, or authorized person who requested the	51718
record may bring a civil action to enforce the patient's right of	51719
access to the record.	51720

(D)(1) This section does not apply to medical records whose	51721
release is covered by section 173.20 or 3721.13 of the Revised	51722
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	51723
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	51724
Records," or by 42 C.F.R. 483.10.	51725

(2) Nothing in this section is intended to supersede the	51726
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	51727
and 2305.252 of the Revised Code.	51728

Sec. 3701.741. (A) Each health care provider and medical	51729
records company shall provide copies of medical records in	51730
accordance with this section.	51731

(B) Except as provided in divisions (C) and (E) of this	51732
section, a health care provider or medical records company that	51733
receives a request for a copy of a patient's medical record shall	51734
charge not more than the amounts set forth in this section.	51735

(1) If the request is made by the patient or the patient's	51736
personal representative, total costs for copies and all services	51737
related to those copies shall not exceed the sum of the following:	51738

(a) Except as provided in division (B)(1)(b) of this section,	51739
with respect to data recorded on paper or electronically, the	51740
following amounts adjusted in accordance with section 3701.742 of	51741
the Revised Code:	51742

(i) Two dollars and seventy-four cents per page for the first	51743
ten pages;	51744

(ii) Fifty-seven cents per page for pages eleven through	51745
fifty;	51746

(iii) Twenty-three cents per page for pages fifty-one and	51747
higher;	51748

(b) With respect to data resulting from an x-ray, magnetic	51749
resonance imaging (MRI), or computed axial tomography (CAT) scan	51750
and recorded on paper or film, one dollar and eighty-seven cents	51751
per page;	51752

(c) The actual cost of any related postage incurred by the	51753
health care provider or medical records company.	51754

(2) If the request is made other than by the patient or the	51755
patient's personal representative, total costs for copies and all	51756
services related to those copies shall not exceed the sum of the	51757
following:	51758

(a) An initial fee of sixteen dollars and eighty-four cents	51759
adjusted in accordance with section 3701.742 of the Revised Code,	51760
which shall compensate for the records search;	51761

(b) Except as provided in division (B)(2)(c) of this section,	51762
with respect to data recorded on paper or electronically, the	51763
following amounts adjusted in accordance with section 3701.742 of	51764
the Revised Code:	51765

(i) One dollar and eleven cents per page for the first ten	51766
pages;	51767

(ii) Fifty-seven cents per page for pages eleven through	51768
fifty;	51769

(iii) Twenty-three cents per page for pages fifty-one and	51770
higher.	51771

(c) With respect to data resulting from an x-ray, magnetic	51772
resonance imaging (MRI), or computed axial tomography (CAT) scan	51773
and recorded on paper or film, one dollar and eighty-seven cents	51774
per page;	51775

(d) The actual cost of any related postage incurred by the	51776
health care provider or medical records company.	51777

(C)(1) On request, a health care provider or medical records	51778
company shall provide one copy of the patient's medical record and	51779
one copy of any records regarding treatment performed subsequent	51780
to the original request, not including copies of records already	51781
provided, without charge to the following:	51782

(a) The bureau of workers' compensation, in accordance with	51783
Chapters 4121. and 4123. of the Revised Code and the rules adopted	51784
under those chapters;	51785

(b) The industrial commission, in accordance with Chapters	51786
4121. and 4123. of the Revised Code and the rules adopted under	51787
those chapters;	51788

(c) The department of ~~job and family services~~medicaid or a	51789
county department of job and family services, in accordance with	51790
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	51791
and ~~5111.~~5167. of the Revised Code and the rules adopted under	51792
those chapters;	51793

(d) The attorney general, in accordance with sections 2743.51	51794
to 2743.72 of the Revised Code and any rules that may be adopted	51795
under those sections;	51796

(e) A patient, patient's personal representative, or	51797
authorized person if the medical record is necessary to support a	51798
claim under Title II or Title XVI of the "Social Security Act," 49	51799
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	51800
request is accompanied by documentation that a claim has been	51801
filed.	51802

(2) Nothing in division (C)(1) of this section requires a	51803
health care provider or medical records company to provide a copy	51804
without charge to any person or entity not listed in division	51805
(C)(1) of this section.	51806

(D) Division (C) of this section shall not be construed to	51807
supersede any rule of the bureau of workers' compensation, the	51808
industrial commission, or the department of ~~job and family~~	51809
~~services~~medicaid.	51810

(E) A health care provider or medical records company may	51811
enter into a contract with either of the following for the copying	51812
of medical records at a fee other than as provided in division (B)	51813
of this section:	51814

(1) A patient, a patient's personal representative, or an	51815
authorized person;	51816

(2) An insurer authorized under Title XXXIX of the Revised	51817
Code to do the business of sickness and accident insurance in this	51818
state or health insuring corporations holding a certificate of	51819
authority under Chapter 1751. of the Revised Code.	51820

(F) This section does not apply to medical records the	51821
copying of which is covered by section 173.20 of the Revised Code	51822
or by 42 C.F.R. 483.10.	51823

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	51824
amounts specified in division (B) of section 3701.741 of the	51825
Revised Code ~~and, not later than the first day of January of each~~	51826
~~year thereafter,~~shall be adjusted annually in accordance with	51827
this section. These amounts plus any amounts previously computed	51828
by annual adjustments made under this section, shall be increased	51829
or decreased by the average percentage of increase or decrease in	51830
the consumer price index for all urban consumers (United States	51831
city average, all items), prepared by the United States department	51832
of labor, bureau of labor statistics, for the	51833
~~twelve-calendar-month period prior to the~~ immediately preceding	51834
~~first day of January~~calendar year over the calendar year	51835
immediately preceding ~~twelve-calendar-month period~~that year, as	51836
reported by the bureau. The director of health shall make this	51837
determination and adjust the amounts accordingly. The director	51838
shall ~~provide a list of the adjusted amounts to any party upon~~	51839
~~request and the department of health shall~~ make ~~the~~a list of the	51840
adjusted amounts available to the public on ~~its~~the internet web	51841
site maintained by the department of health.	51842

Sec. 3701.78. (A) There is hereby created the commission on	51843
minority health, consisting of twenty-one members. The governor	51844
shall appoint to the commission nine members from among health	51845
researchers, health planners, and health professionals. The	51846
governor also shall appoint two members who are representatives of	51847
the lupus awareness and education program. The speaker of the	51848
house of representatives shall appoint to the commission two	51849
members of the house of representatives, not more than one of whom	51850
is a member of the same political party, and the president of the	51851
senate shall appoint to the commission two members of the senate,	51852
not more than one of whom is a member of the same political party.	51853
The following shall be members of the commission: the directors of	51854
health, ~~mental health~~mental health and addiction services,	51855
developmental disabilities, ~~alcohol and drug addiction services,~~	51856
and job and family services, or their designees,; the medicaid	51857
director, or the director's designee; and the superintendent of	51858
public instruction, or the superintendent's designee~~, shall be~~	51859
~~members of the commission~~. ~~The~~	51860

The commission shall elect a chairperson from among its	51861
members. Of	51862

Of the members appointed by the governor, five shall be	51863
appointed to initial terms of one year, and four shall be	51864
appointed to initial terms of two years. Thereafter, all members	51865
appointed by the governor shall be appointed to terms of two	51866
years. All members of the commission appointed by the speaker of	51867
the house of representatives or the president of the senate shall	51868
be nonvoting members of the commission and be appointed within	51869
thirty days after the commencement of the first regular session of	51870
each general assembly, and shall serve until the expiration of the	51871
session of the general assembly during which they were appointed.	51872
~~Members~~	51873

Members of the commission shall serve without compensation,	51874
but shall be reimbursed for the actual and necessary expenses they	51875
incur in the performance of their official duties.	51876

(B) The commission shall promote health and the prevention of	51877
disease among members of minority groups. Each year the commission	51878
shall distribute grants from available funds to community-based	51879
health groups to be used to promote health and the prevention of	51880
disease among members of minority groups. As used in this	51881
division, "minority group" means any of the following economically	51882
disadvantaged groups: Blacks, American Indians, Hispanics, and	51883
Orientals. The commission shall adopt and maintain rules pursuant	51884
to Chapter 119. of the Revised Code to provide for the	51885
distribution of these grants. No group shall qualify to receive a	51886
grant from the commission unless it receives at least twenty per	51887
cent of its funds from sources other than grants distributed under	51888
this section.	51889

(C) The commission may appoint such employees as it considers	51890
necessary to carry out its duties under this section. The	51891
department of health shall provide office space for the	51892
commission.	51893

(D) The commission shall meet at the call of its chairperson	51894
to conduct its official business. A majority of the voting members	51895
of the commission constitute a quorum. The votes of at least eight	51896
voting members of the commission are necessary for the commission	51897
to take any official action or to approve the distribution of	51898
grants under this section.	51899

Sec. 3701.83. (A) There is hereby created in the state	51900
treasury the general operations fund. Moneys in the fund shall be	51901
used for the purposes specified in sections 3701.04, 3701.344,	51902
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	51903
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	51904
3749.04, 3749.07, 4747.04, ~~4751.04,~~ and 4769.09 of the Revised	51905
Code.	51906

(B) The alcohol testing program fund is hereby created in the	51907
state treasury. The director of health shall use the fund to	51908
administer and enforce the alcohol testing and permit program	51909
authorized by section 3701.143 of the Revised Code.	51910

The fund shall receive transfers from the liquor control fund	51911
created under section 4301.12 of the Revised Code. All investment	51912
earnings of the alcohol testing program fund shall be credited to	51913
the fund.	51914

Sec. 3701.881. (A) As used in this section:

51915

(1) "Applicant" means a person who is under final	51916
consideration for employment with a home health agency in a	51917
full-time, part-time, or temporary position that involves	51918
providing direct care to an individual or is referred to a home	51919
health agency by an employment service for such a position.	51920

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	51921
~~same meaning~~means a provider as defined in section 173.39 of the	51922
Revised Code.	51923

(3) "Community-based long-term care subcontractor" means a	51924
subcontractor as defined in section 173.38 of the Revised Code.	51925

(4) "Criminal records check" has the same meaning as in	51926
section 109.572 of the Revised Code.	51927

~~(4)~~(5) "Direct care" means any of the following:

51928

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	51929
of this section that is provided in a patient's place of residence	51930
used as the patient's home;	51931

(b) Any activity that requires the person performing the	51932
activity to be routinely alone with a patient or to routinely have	51933
access to a patient's personal property or financial documents	51934
regarding a patient;	51935

(c) For each home health agency individually, any other	51936
routine service or activity that the chief administrator of the	51937
home health agency designates as direct care.	51938

~~(5)~~(6) "Disqualifying offense" means any of the offenses	51939
listed or described in divisions (A)(3)(a) to (e) of section	51940
109.572 of the Revised Code.	51941

~~(6)~~(7) "Employee" means a person employed by a home health	51942
agency in a full-time, part-time, or temporary position that	51943
involves providing direct care to an individual and a person who	51944
works in such a position due to being referred to a home health	51945
agency by an employment service.	51946

~~(7)~~(8) "Home health agency" means a person or government	51947
entity, other than a nursing home, residential care facility,	51948
hospice care program, or pediatric respite care program, that has	51949
the primary function of providing any of the following services to	51950
a patient at a place of residence used as the patient's home:	51951

(a) Skilled nursing care;

51952

(b) Physical therapy;

51953

51954

(d) Occupational therapy;

51955

(e) Medical social services;

51956

(f) Home health aide services.

51957

~~(8)~~(9) "Home health aide services" means any of the following	51958
services provided by an employee of a home health agency:	51959

(a) Hands-on bathing or assistance with a tub bath or shower;

51960

(b) Assistance with dressing, ambulation, and toileting;

51961

51962

(d) Meal preparation and feeding.

51963

~~(9)~~(10) "Hospice care program" and "pediatric respite care	51964
program" have the same meanings as in section 3712.01 of the	51965
Revised Code.	51966

~~(10)~~(11) "Medical social services" means services provided by	51967
a social worker under the direction of a patient's attending	51968
physician.	51969

~~(11)~~(12) "Minor drug possession offense" has the same meaning	51970
as in section 2925.01 of the Revised Code.	51971

~~(12)~~(13) "Nursing home," "residential care facility," and	51972
"skilled nursing care" have the same meanings as in section	51973
3721.01 of the Revised Code.	51974

~~(13)~~(14) "Occupational therapy" has the same meaning as in	51975
section 4755.04 of the Revised Code.	51976

~~(14)~~(15) "Physical therapy" has the same meaning as in	51977
section 4755.40 of the Revised Code.	51978

~~(15)~~(16) "Social worker" means a person licensed under	51979
Chapter 4757. of the Revised Code to practice as a social worker	51980
or independent social worker.	51981

~~(16)~~(17) "Speech-language pathology" has the same meaning as	51982
in section 4753.01 of the Revised Code.	51983

~~(17)~~(18) "Waiver agency" has the same meaning as in section	51984
~~5111.033~~5164.342 of the Revised Code.	51985

(B) No home health agency shall employ an applicant or	51986
continue to employ an employee in a position that involves	51987
providing direct care to an individual if any of the following	51988
apply:	51989

(1) A review of the databases listed in division (D) of this	51990
section reveals any of the following:	51991

(a) That the applicant or employee is included in one or more	51992
of the databases listed in divisions (D)(1) to (5) of this	51993
section;	51994

(b) That there is in the state nurse aide registry	51995
established under section 3721.32 of the Revised Code a statement	51996
detailing findings by the director of health that the applicant or	51997
employee neglected or abused a long-term care facility or	51998
residential care facility resident or misappropriated property of	51999
such a resident;	52000

(c) That the applicant or employee is included in one or more	52001
of the databases, if any, specified in rules adopted under this	52002
section and the rules prohibit the home health agency from	52003
employing an applicant or continuing to employ an employee	52004
included in such a database in a position that involves providing	52005
direct care to an individual.	52006

(2) After the applicant or employee is provided, pursuant to	52007
division (E)(2)(a) of this section, a copy of the form prescribed	52008
pursuant to division (C)(1) of section 109.572 of the Revised Code	52009
and the standard impression sheet prescribed pursuant to division	52010
(C)(2) of that section, the applicant or employee fails to	52011
complete the form or provide the applicant's or employee's	52012
fingerprint impressions on the standard impression sheet.	52013

(3) Except as provided in rules adopted under this section,	52014
the applicant or employee is found by a criminal records check	52015
required by this section to have been convicted of, pleaded guilty	52016
to, or been found eligible for intervention in lieu of conviction	52017
for a disqualifying offense.	52018

(C) Except as provided by division (F) of this section, the	52019
chief administrator of a home health agency shall inform each	52020
applicant of both of the following at the time of the applicant's	52021
initial application for employment or referral to the home health	52022
agency by an employment service for a position that involves	52023
providing direct care to an individual:	52024

(1) That a review of the databases listed in division (D) of	52025
this section will be conducted to determine whether the home	52026
health agency is prohibited by division (B)(1) of this section	52027
from employing the applicant in the position;	52028

(2) That, unless the database review reveals that the	52029
applicant may not be employed in the position, a criminal records	52030
check of the applicant will be conducted and the applicant is	52031
required to provide a set of the applicant's fingerprint	52032
impressions as part of the criminal records check.	52033

(D) As a condition of employing any applicant in a position	52034
that involves providing direct care to an individual, the chief	52035
administrator of a home health agency shall conduct a database	52036
review of the applicant in accordance with rules adopted under	52037
this section. If rules adopted under this section so require, the	52038
chief administrator of a home health agency shall conduct a	52039
database review of an employee in accordance with the rules as a	52040
condition of continuing to employ the employee in a position that	52041
involves providing direct care to an individual. However, the	52042
chief administrator is not required to conduct a database review	52043
of an applicant or employee if division (F) of this section	52044
applies. A database review shall determine whether the applicant	52045
or employee is included in any of the following:	52046

(1) The excluded parties list system that is maintained by	52047
the United States general services administration pursuant to	52048
subpart 9.4 of the federal acquisition regulation and available at	52049
the federal web site known as the system for award management;	52050

(2) The list of excluded individuals and entities maintained	52051
by the office of inspector general in the United States department	52052
of health and human services pursuant to ~~section 1128 of~~ the	52053
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	52054
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	52055
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	52056
~~as amended~~;	52057

(3) The registry of MR/DD employees established under section	52058
5123.52 of the Revised Code;	52059

(4) The internet-based sex offender and child-victim offender	52060
database established under division (A)(11) of section 2950.13 of	52061
the Revised Code;	52062

(5) The internet-based database of inmates established under	52063
section 5120.66 of the Revised Code;	52064

(6) The state nurse aide registry established under section	52065
3721.32 of the Revised Code;	52066

(7) Any other database, if any, specified in rules adopted	52067
under this section.	52068

(E)(1) As a condition of employing any applicant in a	52069
position that involves providing direct care to an individual, the	52070
chief administrator of a home health agency shall request the	52071
superintendent of the bureau of criminal identification and	52072
investigation to conduct a criminal records check of the	52073
applicant. If rules adopted under this section so require, the	52074
chief administrator of a home health agency shall request the	52075
superintendent to conduct a criminal records check of an employee	52076
at times specified in the rules as a condition of continuing to	52077
employ the employee in a position that involves providing direct	52078
care to an individual. However, the chief administrator is not	52079
required to request the criminal records check of the applicant or	52080
the employee if division (F) of this section applies or the home	52081
health agency is prohibited by division (B)(1) of this section	52082
from employing the applicant or continuing to employ the employee	52083
in a position that involves providing direct care to an	52084
individual. If an applicant or employee for whom a criminal	52085
records check request is required by this section does not present	52086
proof of having been a resident of this state for the five-year	52087
period immediately prior to the date upon which the criminal	52088
records check is requested or does not provide evidence that	52089
within that five-year period the superintendent has requested	52090
information about the applicant from the federal bureau of	52091
investigation in a criminal records check, the chief administrator	52092
shall request that the superintendent obtain information from the	52093
federal bureau of investigation as a part of the criminal records	52094
check. Even if an applicant or employee for whom a criminal	52095
records check request is required by this section presents proof	52096
that the applicant or employee has been a resident of this state	52097
for that five-year period, the chief administrator may request	52098
that the superintendent include information from the federal	52099
bureau of investigation in the criminal records check.	52100

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

52101

(a) Provide to each applicant and employee for whom a	52102
criminal records check request is required by this section a copy	52103
of the form prescribed pursuant to division (C)(1) of section	52104
109.572 of the Revised Code and a standard impression sheet	52105
prescribed pursuant to division (C)(2) of that section;	52106

(b) Obtain the completed form and standard impression sheet	52107
from each applicant and employee;	52108

(c) Forward the completed form and standard impression sheet	52109
to the superintendent at the time the chief administrator requests	52110
the criminal records check.	52111

(3) A home health agency shall pay to the bureau of criminal	52112
identification and investigation the fee prescribed pursuant to	52113
division (C)(3) of section 109.572 of the Revised Code for each	52114
criminal records check the agency requests under this section. A	52115
home health agency may charge an applicant a fee not exceeding the	52116
amount the agency pays to the bureau under this section if both of	52117
the following apply:	52118

(a) The home health agency notifies the applicant at the time	52119
of initial application for employment of the amount of the fee and	52120
that, unless the fee is paid, the applicant will not be considered	52121
for employment.	52122

(b) The medicaid program ~~established under Chapter 5111. of~~	52123
~~the Revised Code~~ does not reimburse the home health agency for the	52124
fee it pays to the bureau under this section.	52125

(F) Divisions (C) to (E) of this section do not apply with	52126
regard to an applicant or employee if the applicant or employee is	52127
referred to a home health agency by an employment service that	52128
supplies full-time, part-time, or temporary staff for positions	52129
that involve providing direct care to an individual and both of	52130
the following apply:	52131

(1) The chief administrator of the home health agency	52132
receives from the employment service confirmation that a review of	52133
the databases listed in division (D) of this section was conducted	52134
with regard to the applicant or employee.	52135

(2) The chief administrator of the home health agency	52136
receives from the employment service, applicant, or employee a	52137
report of the results of a criminal records check of the applicant	52138
or employee that has been conducted by the superintendent within	52139
the one-year period immediately preceding the following:	52140

(a) In the case of an applicant, the date of the applicant's	52141
referral by the employment service to the home health agency;	52142

(b) In the case of an employee, the date by which the home	52143
health agency would otherwise have to request a criminal records	52144
check of the employee under division (E) of this section.	52145

(G)(1) A home health agency may employ conditionally an	52146
applicant for whom a criminal records check request is required by	52147
this section before obtaining the results of the criminal records	52148
check if the agency is not prohibited by division (B) of this	52149
section from employing the applicant in a position that involves	52150
providing direct care to an individual and either of the following	52151
applies:	52152

(a) The chief administrator of the home health agency	52153
requests the criminal records check in accordance with division	52154
(E) of this section not later than five business days after the	52155
applicant begins conditional employment.	52156

(b) The applicant is referred to the home health agency by an	52157
employment service, the employment service or the applicant	52158
provides the chief administrator of the agency a letter that is on	52159
the letterhead of the employment service, the letter is dated and	52160
signed by a supervisor or another designated official of the	52161
employment service, and the letter states all of the following:	52162

(i) That the employment service has requested the	52163
superintendent to conduct a criminal records check regarding the	52164
applicant;	52165

(ii) That the requested criminal records check is to include	52166
a determination of whether the applicant has been convicted of,	52167
pleaded guilty to, or been found eligible for intervention in lieu	52168
of conviction for a disqualifying offense;	52169

(iii) That the employment service has not received the	52170
results of the criminal records check as of the date set forth on	52171
the letter;	52172

(iv) That the employment service promptly will send a copy of	52173
the results of the criminal records check to the chief	52174
administrator of the home health agency when the employment	52175
service receives the results.	52176

(2) If a home health agency employs an applicant	52177
conditionally pursuant to division (G)(1)(b) of this section, the	52178
employment service, on its receipt of the results of the criminal	52179
records check, promptly shall send a copy of the results to the	52180
chief administrator of the agency.	52181

(3) A home health agency that employs an applicant	52182
conditionally pursuant to division (G)(1)(a) or (b) of this	52183
section shall terminate the applicant's employment if the results	52184
of the criminal records check, other than the results of any	52185
request for information from the federal bureau of investigation,	52186
are not obtained within the period ending sixty days after the	52187
date the request for the criminal records check is made.	52188
Regardless of when the results of the criminal records check are	52189
obtained, if the results indicate that the applicant has been	52190
convicted of, pleaded guilty to, or been found eligible for	52191
intervention in lieu of conviction for a disqualifying offense,	52192
the home health agency shall terminate the applicant's employment	52193
unless circumstances specified in rules adopted under this section	52194
that permit the agency to employ the applicant exist and the	52195
agency chooses to employ the applicant. Termination of employment	52196
under this division shall be considered just cause for discharge	52197
for purposes of division (D)(2) of section 4141.29 of the Revised	52198
Code if the applicant makes any attempt to deceive the home health	52199
agency about the applicant's criminal record.	52200

(H) The report of any criminal records check conducted by the	52201
bureau of criminal identification and investigation in accordance	52202
with section 109.572 of the Revised Code and pursuant to a request	52203
made under this section is not a public record for the purposes of	52204
section 149.43 of the Revised Code and shall not be made available	52205
to any person other than the following:	52206

(1) The applicant or employee who is the subject of the	52207
criminal records check or the applicant's or employee's	52208
representative;	52209

(2) The home health agency requesting the criminal records	52210
check or its representative;	52211

(3) The administrator of any other facility, agency, or	52212
program that provides direct care to individuals that is owned or	52213
operated by the same entity that owns or operates the home health	52214
agency that requested the criminal records check;	52215

(4) The employment service that requested the criminal	52216
records check;	52217

(5) The director of health and the staff of the department of	52218
health who monitor a home health agency's compliance with this	52219
section;	52220

(6) The director of aging or the director's designee if	52221
either of the following apply:	52222

(a) In the case of a criminal records check requested by a	52223
home health agency, the home health agency also is a	52224
community-based long-term care ~~agency~~provider or community-based	52225
long-term care subcontractor;	52226

(b) In the case of a criminal records check requested by an	52227
employment service, the employment service makes the request for	52228
an applicant or employee the employment service refers to a home	52229
health agency that also is a community-based long-term care	52230
~~agency~~provider or community-based long-term care subcontractor.	52231

(7) The medicaid director ~~of job and family services~~ and the	52232
staff of the department of ~~job and family services~~medicaid who	52233
are involved in the administration of the medicaid program if	52234
either of the following apply:	52235

(a) In the case of a criminal records check requested by a	52236
home health agency, the home health agency also is a waiver	52237
agency;	52238

(b) In the case of a criminal records check requested by an	52239
employment service, the employment service makes the request for	52240
an applicant or employee the employment service refers to a home	52241
health agency that also is a waiver agency.	52242

(8) Any court, hearing officer, or other necessary individual	52243
involved in a case dealing with any of the following:	52244

(a) A denial of employment of the applicant or employee;

52245

(b) Employment or unemployment benefits of the applicant or	52246
employee;	52247

(c) A civil or criminal action regarding the medicaid	52248
program.	52249

(I) In a tort or other civil action for damages that is	52250
brought as the result of an injury, death, or loss to person or	52251
property caused by an applicant or employee who a home health	52252
agency employs in a position that involves providing direct care	52253
to an individual, all of the following shall apply:	52254

(1) If the home health agency employed the applicant or	52255
employee in good faith and reasonable reliance on the report of a	52256
criminal records check requested under this section, the agency	52257
shall not be found negligent solely because of its reliance on the	52258
report, even if the information in the report is determined later	52259
to have been incomplete or inaccurate.	52260

(2) If the home health agency employed the applicant in good	52261
faith on a conditional basis pursuant to division (G) of this	52262
section, the agency shall not be found negligent solely because it	52263
employed the applicant prior to receiving the report of a criminal	52264
records check requested under this section.	52265

(3) If the home health agency in good faith employed the	52266
applicant or employee according to the personal character	52267
standards established in rules adopted under this section, the	52268
agency shall not be found negligent solely because the applicant	52269
or employee had been convicted of, pleaded guilty to, or been	52270
found eligible for intervention in lieu of conviction for a	52271
disqualifying offense.	52272

(J) The director of health shall adopt rules in accordance	52273
with Chapter 119. of the Revised Code to implement this section.	52274

(1) The rules may do the following:

52275

(a) Require employees to undergo database reviews and	52276
criminal records checks under this section;	52277

(b) If the rules require employees to undergo database	52278
reviews and criminal records checks under this section, exempt one	52279
or more classes of employees from the requirements;	52280

(c) For the purpose of division (D)(7) of this section,	52281
specify other databases that are to be checked as part of a	52282
database review conducted under this section.	52283

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

52284

(a) The procedures for conducting database reviews under this	52285
section;	52286

(b) If the rules require employees to undergo database	52287
reviews and criminal records checks under this section, the times	52288
at which the database reviews and criminal records checks are to	52289
be conducted;	52290

(c) If the rules specify other databases to be checked as	52291
part of the database reviews, the circumstances under which a home	52292
health agency is prohibited from employing an applicant or	52293
continuing to employ an employee who is found by a database review	52294
to be included in one or more of those databases;	52295

(d) Circumstances under which a home health agency may employ	52296
an applicant or employee who is found by a criminal records check	52297
required by this section to have been convicted of, pleaded guilty	52298
to, or been found eligible for intervention in lieu of conviction	52299
for a disqualifying offense but meets personal character	52300
standards.	52301

Sec. 3701.921. There is hereby established the patient	52302
centered medical home education program in the department of	52303
health. For the purpose of advancing education in the patient	52304
centered medical home model of care, the director of health may	52305
implement and administer the program pursuant to sections 3701.922	52306
to 3701.929 of the Revised Code. The patient centered medical home	52307
model of care is an enhanced model of primary care in which care	52308
teams attend to the multifaceted needs of patients, providing	52309
whole person comprehensive and coordinate patient centered care.	52310

To the extent that funds are available, the program shall	52311
include the patient centered medical home education pilot project	52312
and may include any other ~~pilot~~ projects the director establishes	52313
pursuant to division (A)(3) of section 3701.922 of the Revised	52314
Code.	52315

Sec. 3701.922. (A) The director of health may do any of the	52316
following to implement and administer the patient centered medical	52317
home education program:	52318

(1) Develop and implement programs of education or training	52319
on the patient centered medical home model of care or other	52320
similar enhanced models of coordinated patient centered care that	52321
are intended to address the multifaceted needs of patients and	52322
provide whole person comprehensive and coordinated patient	52323
centered care;	52324

(2) Advise, consult, cooperate with, and assist, by contract	52325
or other arrangement, government agencies or institutions or	52326
private organizations, corporations, or associations in the	52327
development and promotion of programs pertaining to the evaluation	52328
and implementation of the patient centered medical home model of	52329
care or other similar enhanced models of coordinated patient	52330
centered care;	52331

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

52332

~~(a) Evaluate or implement the patient centered medical home~~	52333
~~model of care or other similar enhanced models of coordinated~~	52334
~~patient centered care;~~	52335

~~(b) Provide~~provide education or training on the patient	52336
centered medical home model of care or other similar enhanced	52337
models of coordinated patient centered care.	52338

(4) Seek and administer state funds or grants from other	52339
sources to carry out any functions of the patient centered medical	52340
home education program.	52341

Any funds or grants received by the director for purposes of	52342
the program shall be used for the program.	52343

(B) The director may adopt rules as necessary to implement	52344
and administer the patient centered medical home education	52345
program, including rules that define what constitutes a "patient	52346
centered medical home" for purposes of an entity authorized to	52347
provide care coordination services. The rules shall be adopted in	52348
accordance with Chapter 119. of the Revised Code.	52349

Sec. 3701.94. There is hereby established the patient	52350
centered medical home program in the department of health. The	52351
patient centered medical home model of care is an advanced model	52352
of primary care in which care teams attend to the multifaceted	52353
needs of patients, providing whole person comprehensive and	52354
coordinated patient centered care.	52355

Sec. 3701.941. (A) As part of the patient centered medical	52356
home program established under section 3701.94 of the Revised	52357
Code, the department of health shall establish a voluntary patient	52358
centered medical home certification program.	52359

(B) Each primary care practice, that seeks a patient centered	52360
medical home certificate shall submit an application on a form	52361
prepared by the department. The department may require an	52362
application fee and annual renewal fee as determined by the	52363
department. If the department establishes a fee under this	52364
section, the fee shall be in an amount that is sufficient to cover	52365
the cost of any on-site evaluations conducted by the department or	52366
an entity under contract with the department pursuant to section	52367
3701.942 of the Revised Code.	52368

(C) A practice certified under this section shall do all of	52369
the following:	52370

(1) Meet any standards developed by national independent	52371
accrediting and medical home organizations, as determined by the	52372
department;	52373

(2) Develop a systematic follow-up procedure for patients,	52374
including the use of health information technology and patient	52375
registries;	52376

(3) Implement and maintain health information technology that	52377
meets the requirements of 42 U.S.C. 300jj;	52378

(4) Comply with the reporting requirements of section	52379
3701.942 of the Revised Code;	52380

(5) Meet any process, outcome, and quality standards	52381
specified by the department of health;	52382

(6) Meet any other requirements established by the	52383
department.	52384

(D) The department shall seek to do all of the following	52385
through the certification of patient centered medical homes:	52386

(1) Expand, enhance, and encourage the use of primary care	52387
providers, including primary care physicians, advanced practice	52388
registered nurses, and physician assistants, as personal	52389
clinicians;	52390

(2) Develop a focus on delivering high-quality, efficient,	52391
and effective health care services;	52392

(3) Encourage patient centered care and the provision of care	52393
that is appropriate for a patient's race, ethnicity, and language;	52394

(4) Encourage the education and active participation of	52395
patients and patients' families or legal guardians, as	52396
appropriate, in decision making and care plan development;	52397

(5) Provide patients with consistent, ongoing contact with a	52398
personal clinician or team of clinical professionals to ensure	52399
continuous and appropriate care;	52400

(6) Ensure that patient centered medical homes develop and	52401
maintain appropriate comprehensive care plans for patients with	52402
complex or chronic conditions, including an assessment of health	52403
risks and chronic conditions;	52404

(7) Ensure that patient centered medical homes plan for	52405
transition of care from youth to adult to senior;	52406

(8) Enable and encourage use of a range of qualified health	52407
care professionals, including dedicated care coordinators, in a	52408
manner that enables those professionals to practice to the fullest	52409
extent of their professional licenses.	52410

Sec. 3701.942. (A) Each certified patient centered medical	52411
home shall report health care quality and performance information	52412
to the department of health, including any data necessary for	52413
monitoring compliance with certification standards and for	52414
evaluating the impact of patient centered medical homes on health	52415
care quality, cost, and outcomes.	52416

(B) The department may contract with a private entity to	52417
evaluate the effectiveness of certified patient centered medical	52418
homes. The department may provide the entity with data collected	52419
under division (A) of this section.	52420

(C) The department may contract with national independent	52421
accrediting and medical home organizations to provide on-site	52422
evaluation of primary care practices and verification of data	52423
collected under division (A) of this section.	52424

(D) Data collected under this section is not a public record	52425
under section 149.43 of the Revised Code.	52426

Sec. 3701.943. (A) The department of health shall submit a	52427
report to the governor and, in accordance with section 101.68 of	52428
the Revised Code, the general assembly, evaluating the patient	52429
centered medical home program not later than three years after	52430
rules adopted pursuant to section 3701.944 of the Revised Code	52431
first become effective. The department shall submit a second	52432
report not later than five years after those rules first become	52433
effective.	52434

(B) The reports submitted under division (A) of this section	52435
shall include all of the following:	52436

(1) The number of patients receiving primary care services	52437
from certified patient centered medical homes and the number and	52438
characteristics of those patients with complex or chronic	52439
conditions. To the extent available, information regarding the	52440
income, race, ethnicity, and language of patients shall be	52441
included in the reports;	52442

(2) The number and geographic distribution of certified	52443
patient centered medical homes;	52444

(3) Performance of and quality of care measures implemented	52445
by certified patient centered medical homes;	52446

(4) Preventive care measures implemented by certified patient	52447
centered medical homes;	52448

(5) Payment arrangements of certified patient centered	52449
medical homes;	52450

(6) Costs related to implementation of the patient centered	52451
medical home program and payment of care coordination fees;	52452

(7) The estimated effect of certified patient centered	52453
medical homes on health disparities;	52454

(8) The estimated savings from establishing the patient	52455
centered medical home program, as those savings apply to the fee	52456
for service, managed care, and state-based purchasing sectors.	52457

Sec. 3701.944. The department of health shall adopt rules in	52458
accordance with Chapter 119. of the Revised Code to do all of the	52459
following:	52460

(A) Considering the goals set forth in section 3701.941 of	52461
the Revised Code, establish standards and procedures for	52462
certifying a primary care practice as a patient centered medical	52463
home;	52464

(B) Specify the types of medical practices that constitute	52465
primary care practices for the purpose of certifying patient	52466
centered medical homes;	52467

(C) Specify the health care quality and performance	52468
information that certified patient centered medical homes must	52469
report to the department pursuant to section 3701.942 of the	52470
Revised Code.	52471

Sec. 3701.95. (A) As used in this section, "direct care	52472
services" and "direct care worker" have the same meanings as in	52473
section 191.061 of the Revised Code.	52474

(B) Not later than October 1, 2014, the director of health	52475
shall establish a direct care worker certification program. The	52476
director may adopt rules in accordance with Chapter 119. of the	52477
Revised Code as necessary to implement the program. The rules may	52478
address standards, procedures, and application fees charged for	52479
certification.	52480

(C) For purposes of the program, the director shall do both	52481
of the following:	52482

(1) Specify the minimum standards that must be met by a	52483
direct care worker to attain certification, which may include	52484
standards pertaining to education, experience, and continuing	52485
education requirements, as well as standards for compliance with	52486
administrative requirements.	52487

(2) Specify a procedure for determining whether a direct care	52488
worker satisfies the standards specified under division (C)(1) of	52489
this section.	52490

Sec. 3701.99. (A) Whoever violates division (C) of section	52491
3701.23, division (C) of section 3701.232, division (C) of section	52492
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	52493
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	52494
3701.46 to 3701.55 of the Revised Code is guilty of a minor	52495
misdemeanor on a first offense; on each subsequent offense, the	52496
person is guilty of a misdemeanor of the fourth degree.	52497

(B) Whoever violates section 3701.82 of the Revised Code is	52498
guilty of a misdemeanor of the first degree.	52499

(C) Whoever violates section 3701.352 or 3701.81 of the	52500
Revised Code is guilty of a misdemeanor of the second degree.	52501

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	52502
Revised Code:	52503

(A) "Applicant" means any person that submits an application	52504
for a certificate of need and who is designated in the application	52505
as the applicant.	52506

(B) "Person" means any individual, corporation, business	52507
trust, estate, firm, partnership, association, joint stock	52508
company, insurance company, government unit, or other entity.	52509

(C) "Certificate of need" means a written approval granted by	52510
the director of health to an applicant to authorize conducting a	52511
reviewable activity.	52512

(D) "Service area" means the current and projected primary	52513
and secondary service areas to which the long-term care facility	52514
is, or will be, providing long-term care services.	52515

(E) "Primary service area" means the geographic region,	52516
usually comprised of the Ohio zip code in which the long-term care	52517
facility is located and contiguous zip codes, from which	52518
approximately seventy-five to eighty per cent of the facility's	52519
residents currently originate or are expected to originate.	52520

(F) "Secondary service area" means the geographic region,	52521
usually comprised of Ohio zip codes not included in the primary	52522
service area, excluding isolated exceptions, from which the	52523
facility's remaining residents currently originate or are expected	52524
to originate.	52525

(G) "Third-party payer" means a health insuring corporation	52526
licensed under Chapter 1751. of the Revised Code, a health	52527
maintenance organization as defined in division (I) of this	52528
section, an insurance company that issues sickness and accident	52529
insurance in conformity with Chapter 3923. of the Revised Code, a	52530
state-financed health insurance program under Chapter 3701.,or	52531
4123.~~, or 5111.~~ of the Revised Code, the medicaid program, or any	52532
self-insurance plan.	52533

(H) "Government unit" means the state and any county,	52534
municipal corporation, township, or other political subdivision of	52535
the state, or any department, division, board, or other agency of	52536
the state or a political subdivision.	52537

(I) "Health maintenance organization" means a public or	52538
private organization organized under the law of any state that is	52539
qualified under section 1310(d) of Title XIII of the "Public	52540
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	52541

(J) "Existing long-term care facility" means either of the	52542
following:	52543

(1) A long-term care facility that is licensed or otherwise	52544
authorized to operate in this state in accordance with applicable	52545
law, including a county home or a county nursing home that is	52546
certified under Title XVIII or Title XIX of the "Social Security	52547
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed	52548
and equipped to provide long-term care services, and is actively	52549
providing long-term care services;	52550

(2) A long-term care facility that is licensed or otherwise	52551
authorized to operate in this state in accordance with applicable	52552
law, including a county home or a county nursing home that is	52553
certified under Title XVIII or Title XIX of the "Social Security	52554
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or that has	52555
beds registered under section 3701.07 of the Revised Code as	52556
skilled nursing beds or long-term care beds and has provided	52557
long-term care services for at least three hundred sixty-five	52558
consecutive days within the twenty-four months immediately	52559
preceding the date a certificate of need application is filed with	52560
the director of health.	52561

(K) "State" means the state of Ohio, including, but not	52562
limited to, the general assembly, the supreme court, the offices	52563
of all elected state officers, and all departments, boards,	52564
offices, commissions, agencies, institutions, and other	52565
instrumentalities of the state of Ohio. "State" does not include	52566
political subdivisions.	52567

(L) "Political subdivision" means a municipal corporation,	52568
township, county, school district, and all other bodies corporate	52569
and politic responsible for governmental activities only in	52570
geographic areas smaller than that of the state to which the	52571
sovereign immunity of the state attaches.	52572

(M) "Affected person" means:

52573

(1) An applicant for a certificate of need, including an	52574
applicant whose application was reviewed comparatively with the	52575
application in question;	52576

(2) The person that requested the reviewability ruling in	52577
question;	52578

(3) Any person that resides or regularly uses long-term care	52579
facilities within the service area served or to be served by the	52580
long-term care services that would be provided under the	52581
certificate of need or reviewability ruling in question;	52582

(4) Any long-term care facility that is located in the	52583
service area where the long-term care services would be provided	52584
under the certificate of need or reviewability ruling in question;	52585

(5) Third-party payers that reimburse long-term care	52586
facilities for services in the service area where the long-term	52587
care services would be provided under the certificate of need or	52588
reviewability ruling in question.	52589

(N) "Long-term care facility" means any of the following:

52590

(1) A nursing home licensed under section 3721.02 of the	52591
Revised Code or by a political subdivision certified under section	52592
3721.09 of the Revised Code;	52593

(2) The portion of any facility, including a county home or	52594
county nursing home, that is certified as a skilled nursing	52595
facility or a nursing facility under Title XVIII or XIX of the	52596
"Social Security Act";	52597

(3) The portion of any hospital that contains beds registered	52598
under section 3701.07 of the Revised Code as skilled nursing beds	52599
or long-term care beds.	52600

(O) "Long-term care bed" or "bed" means a bed that is	52601
categorized as one of the following:	52602

(1) A bed that is located in a facility that is a nursing	52603
home licensed under section 3721.02 of the Revised Code or a	52604
facility licensed by a political subdivision certified under	52605
section 3721.09 of the Revised Code and is included in the	52606
authorized maximum licensed capacity of the facility;	52607

(2) A bed that is located in the portion of any facility,	52608
including a county home or county nursing home, that is certified	52609
as a skilled nursing facility under the medicare program or a	52610
nursing facility under the medicaid program and is included in the	52611
authorized maximum certified capacity of that portion of the	52612
facility;	52613

(3) A bed that is registered under section 3701.07 of the	52614
Revised Code as a skilled nursing bed, a long-term care bed, or a	52615
special skilled nursing bed;	52616

(4) A bed in a county home or county nursing home that has	52617
been certified under section 5155.38 of the Revised Code as having	52618
been in operation on July 1, 1993, and is eligible for licensure	52619
as a nursing home bed;	52620

(5) A bed held as an approved bed under a certificate of need	52621
approved by the director.	52622

A bed cannot simultaneously be both a bed described in	52623
division (O)(1), (2), (3), or (4) of this section and a bed	52624
described in division (O)(5) of this section.	52625

(P) "Reviewability ruling" means a ruling issued by the	52626
director of health under division (A) of section 3702.52 of the	52627
Revised Code as to whether a particular proposed project is or is	52628
not a reviewable activity.	52629

(Q) "County nursing home" has the same meaning as in section	52630
5155.31 of the Revised Code.	52631

(R) "Principal participant" means both of the following:

52632

(1) A person who has an ownership or controlling interest of	52633
at least five per cent in an applicant, in a long-term care	52634
facility that is the subject of an application for a certificate	52635
of need, or in the owner or operator of the applicant or such a	52636
facility;	52637

(2) An officer, director, trustee, or general partner of an	52638
applicant, of a long-term care facility that is the subject of an	52639
application for a certificate of need, or of the owner or operator	52640
of the applicant or such a facility.	52641

(S) "Actual harm but not immediate jeopardy deficiency" means	52642
a deficiency that, under 42 C.F.R. 488.404, either constitutes a	52643
pattern of deficiencies resulting in actual harm that is not	52644
immediate jeopardy or represents widespread deficiencies resulting	52645
in actual harm that is not immediate jeopardy.	52646

(T) "Immediate jeopardy deficiency" means a deficiency that,	52647
under 42 C.F.R. 488.404, either constitutes a pattern of	52648
deficiencies resulting in immediate jeopardy to resident health or	52649
safety or represents widespread deficiencies resulting in	52650
immediate jeopardy to resident health or safety.	52651

(U) "Existing bed" or "existing long-term care bed" means a	52652
bed from an existing long-term care facility, a bed described in	52653
division (O)(5) of this section, or a bed correctly reported as a	52654
long-term care bed pursuant to section 5155.38 of the Revised	52655
Code.	52656

Sec. 3702.521. (A) Reviews of applications for certificates	52657
of need to recategorize hospital beds to skilled nursing beds	52658
shall be conducted in accordance with this division and rules	52659
adopted by the director of health.	52660

(1) No hospital recategorizing beds shall apply for a	52661
certificate of need for more than twenty skilled nursing beds.	52662

(2) No beds for which a certificate of need is requested	52663
under this division shall be reviewed under or counted in any	52664
formula developed under rules adopted by the director for the	52665
purpose of determining the number of long-term care beds that may	52666
be needed within the state.	52667

(3) No beds shall be approved under this division unless the	52668
hospital certifies and demonstrates in the application that the	52669
beds will be dedicated to patients with a length of stay of no	52670
more than thirty days.	52671

(4) No beds shall be approved under this division unless the	52672
hospital can satisfactorily demonstrate in the application that it	52673
is routinely unable to place the patients planned for the beds in	52674
accessible skilled nursing facilities.	52675

(5) In developing rules to implement this division, the	52676
director shall give special attention to the required	52677
documentation of the need for such beds, including the efforts	52678
made by the hospital to place patients in suitable skilled nursing	52679
facilities, and special attention to the appropriate size of units	52680
with such beds given the historical pattern of the applicant	52681
hospital's documented difficulty in placing skilled nursing	52682
patients.	52683

(B) For assistance in monitoring the use of hospital beds	52684
recategorized as skilled nursing beds after August 5, 1989, the	52685
director shall adopt rules specifying appropriate quarterly	52686
procedures for reporting to the department of health.	52687

(C) A patient may stay in a hospital bed that, after August	52688
5, 1989, has been recategorized as a skilled nursing bed for more	52689
than thirty days if the hospital is able to demonstrate that it	52690
made a good faith effort to place the patient in an accessible	52691
skilled nursing facility acceptable to the patient within the	52692
thirty-day period, but was unable to do so.	52693

(D) No hospital bed recategorized after August 5, 1989, as a	52694
skilled nursing bed shall be covered by a provider agreement under	52695
the ~~medical assistance~~medicaid program ~~established under Chapter~~	52696
~~5111. of the Revised Code~~.	52697

(E) Nothing in this section requires a hospital to place a	52698
patient in any nursing home if the patient does not wish to be	52699
placed in the nursing home. Nothing in this section limits the	52700
ability of a hospital to file a certificate of need application	52701
for the addition of long-term care beds that meet the definition	52702
of "home" in section 3721.01 of the Revised Code. Nothing in this	52703
section limits the ability of the director to grant certificates	52704
of need necessary for hospitals to engage in demonstration	52705
projects authorized by the federal government for the purpose of	52706
enhancing long-term quality of care and cost containment. Nothing	52707
in this section limits the ability of hospitals to develop swing	52708
bed programs in accordance with federal regulations.	52709

No hospital that is granted a certificate of need after	52710
August 5, 1989, to recategorize hospital beds as skilled nursing	52711
beds is subject to sections 3721.01 to 3721.09 of the Revised	52712
Code. If the portion of the hospital in which the recategorized	52713
beds are located is certified as a skilled nursing facility under	52714
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	52715
U.S.C.A. 301, as amended, that portion of the hospital is subject	52716
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	52717
the Revised Code. If the beds are registered pursuant to section	52718
3701.07 of the Revised Code as long-term care beds, the beds are	52719
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	52720
Revised Code.	52721

Sec. 3702.55. A person that the director of health	52722
determines has violated section 3702.53 of the Revised Code shall	52723
cease conducting the activity that constitutes the violation or	52724
utilizing the facility resulting from the violation not later than	52725
thirty days after the person receives the notice mailed under	52726
section 3702.532 of the Revised Code or, if the person appeals the	52727
director's determination under section 3702.60 of the Revised	52728
Code, thirty days after the person receives an order upholding the	52729
director's determination that is not subject to further appeal.	52730

If any person determined to have violated section 3702.53 of	52731
the Revised Code fails to cease conducting an activity or using a	52732
facility as required by this section or if the person continues to	52733
seek payment or reimbursement for services rendered or costs	52734
incurred in conducting the activity as prohibited by section	52735
3702.56 of the Revised Code, in addition to the penalties imposed	52736
under section 3702.54 or 3702.541 of the Revised Code:	52737

(A) The director of health may refuse to include any beds	52738
involved in the activity in the bed capacity of a hospital for	52739
purposes of registration under section 3701.07 of the Revised	52740
Code;	52741

(B) The director of health may refuse to license, or may	52742
revoke a license or reduce bed capacity previously granted to, a	52743
hospice care program under section 3712.04 of the Revised Code; a	52744
nursing home, residential care facility, or home for the aging	52745
under section 3721.02 of the Revised Code; or any beds within any	52746
of those facilities that are involved in the activity;	52747

(C) A political subdivision certified under section 3721.09	52748
of the Revised Code may refuse to license, or may revoke a license	52749
or reduce bed capacity previously granted to, a nursing home,	52750
residential care facility, or home for the aging, or any beds	52751
within any of those facilities that are involved in the activity;	52752

(D) The director of ~~mental health~~mental health and addiction	52753
services may refuse to license under section ~~5119.20~~5119.33 of	52754
the Revised Code, or may revoke a license or reduce bed capacity	52755
previously granted to, a hospital receiving mentally ill persons	52756
or beds within such a hospital that are involved in the activity;	52757

(E) The department of ~~job and family services~~medicaid may	52758
refuse to enter into a provider agreement that includes a	52759
facility, beds, or services that result from the activity.	52760

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	52761
Code do not apply to any part of a long-term care facility's	52762
campus that is certified as an intermediate care facility for the	52763
mentally retarded ~~under Title XIX of the "Social Security Act," 79~~	52764
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~, as defined	52765
in section 5124.01 of the Revised Code.	52766

Sec. 3702.74. (A) A primary care physician who has signed a	52767
letter of intent under section 3702.73 of the Revised Code and the	52768
director of health may enter into a contract for the physician's	52769
participation in the physician loan repayment program. The	52770
physician's employer or other funding source may also be a party	52771
to the contract.	52772

(B) The contract shall include all of the following	52773
obligations:	52774

(1) The primary care physician agrees to provide primary care	52775
services in the health resource shortage area identified in the	52776
letter of intent for at least two years;	52777

(2) When providing primary care services in the health	52778
resource shortage area, the primary care physician agrees to do	52779
all of the following:	52780

(a) Provide primary care services for a minimum of forty	52781
hours per week, of which at least twenty-one hours will be spent	52782
providing patient care in an outpatient or ambulatory setting;	52783

(b) Provide primary care services without regard to a	52784
patient's ability to pay;	52785

(c) Meet the ~~conditions prescribed by the "Social Security~~	52786
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	52787
~~department of job and family services~~requirements for	52788
~~participation in the~~a medicaid ~~program established under Chapter~~	52789
~~5111. of the Revised Code~~provider agreement and enter into a	52790
~~contract~~the agreement with the department of medicaid to provide	52791
primary care services to medicaid recipients ~~of the medical~~	52792
~~assistance program~~.	52793

(3) The department of health agrees, as provided in section	52794
3702.75 of the Revised Code, to repay, so long as the primary care	52795
physician performs the service obligation agreed to under division	52796
(B)(1) of this section, all or part of the principal and interest	52797
of a government or other educational loan taken by the primary	52798
care physician for expenses described in section 3702.75 of the	52799
Revised Code;	52800

(4) The primary care physician agrees to pay the department	52801
of health an amount established by rules adopted under section	52802
3702.79 of the Revised Code if the physician fails to complete the	52803
service obligation agreed to under division (B)(1) of this	52804
section.	52805

(C) The contract may include any other terms agreed upon by	52806
the parties.	52807

Sec. 3702.91. (A) An individual who has signed a letter of	52808
intent under section 3702.90 of the Revised Code may enter into a	52809
contract with the director of health for participation in the	52810
dentist loan repayment program. The dentist's employer or other	52811
funding source may also be a party to the contract.	52812

(B) The contract shall include all of the following	52813
obligations:	52814

(1) The individual agrees to provide dental services in the	52815
dental health resource shortage area identified in the letter of	52816
intent for at least two years.	52817

(2) When providing dental services in the dental health	52818
resource shortage area, the individual agrees to do all of the	52819
following:	52820

(a) Provide dental services for a minimum of forty hours per	52821
week;	52822

(b) Provide dental services without regard to a patient's	52823
ability to pay;	52824

(c) Meet the ~~conditions prescribed by the "Social Security~~	52825
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	52826
~~department of job and family services~~requirements for	52827
~~participation in the~~a medicaid ~~program established under Chapter~~	52828
~~5111. of the Revised Code~~provider agreement and enter into a	52829
~~contract~~the agreement with the department of medicaid to provide	52830
dental services to medicaid recipients.	52831

(3) The department of health agrees, as provided in section	52832
3702.85 of the Revised Code, to repay, so long as the individual	52833
performs the service obligation agreed to under division (B)(1) of	52834
this section, all or part of the principal and interest of a	52835
government or other educational loan taken by the individual for	52836
expenses described in section 3702.85 of the Revised Code.	52837

(4) The individual agrees to pay the department of health an	52838
amount established by rules adopted under section 3702.86 of the	52839
Revised Code, if the individual fails to complete the service	52840
obligation agreed to under division (B)(1) of this section.	52841

(C) The contract may include any other terms agreed upon by	52842
the parties.	52843

(D) Not later than the thirty-first day of January of each	52844
year, the department of health shall mail to each individual to	52845
whom or on whose behalf repayment is made under the dentist loan	52846
repayment program a statement showing the amount of principal and	52847
interest repaid by the department pursuant to the contract in the	52848
preceding year. The statement shall be sent by ordinary mail with	52849
address correction and forwarding requested in the manner	52850
prescribed by the United States postal service.	52851

Sec. 3704.144. (A) Gifts, grants, and contributions for the	52852
purpose of adding pollution control equipment to diesel-powered	52853
school buses and converting diesel-powered school buses to	52854
alternative fuels, including contributions that are made pursuant	52855
to the settlement of an administrative action or civil action that	52856
is brought at the request of the director of environmental	52857
protection pursuant to Chapter 3704., 3714., 3734., 6109., or	52858
6111. of the Revised Code, shall be credited to the clean diesel	52859
school bus fund, which is hereby created in the state treasury.	52860
The director shall use money credited to the fund to make grants	52861
to school districts in the state and to county boards of	52862
developmental disabilities for the purpose of adding pollution	52863
control equipment to diesel-powered school buses and converting	52864
diesel-powered school buses to alternative fuels by means of	52865
certified engine configurations and verified technologies that are	52866
consistent with the requirements of section 793 and any	52867
regulations adopted under that section and to pay the	52868
environmental protection agency's costs incurred in administering	52869
this section. In addition, the director may use money credited to	52870
the fund to make grants to school districts and to county boards	52871
of developmental disabilities for the purpose of maintaining	52872
pollution control equipment that is installed on diesel-powered	52873
school buses ~~and to pay the additional cost incurred by a school~~	52874
~~district or a county board for using ultra-low sulfur diesel fuel~~	52875
~~instead of diesel fuel for the operation of diesel-powered school~~	52876
~~buses~~.	52877

(B) In making grants under this section, the director shall	52878
give priority to school districts and to county boards of	52879
developmental disabilities that are located in a county that is	52880
designated as nonattainment by the United States environmental	52881
protection agency for the fine particulate national ambient air	52882
quality standard under the federal Clean Air Act. In addition, the	52883
director may give a higher priority to a school district or a	52884
county board of developmental disabilities that employs additional	52885
measures that reduce air pollution from the district's or the	52886
county board's school bus fleet.	52887

(C) The director shall adopt rules establishing procedures	52888
and requirements that are necessary to implement this section,	52889
including procedures and requirements governing applications for	52890
grants.	52891

(D) As used in this section:

52892

(1) "Alternative fuel" has the same meaning as in section	52893
125.831 of the Revised Code.	52894

(2) "Certified engine configuration" and "section 793" have	52895
the same meanings as in section 122.861 of the Revised Code.	52896

(3) "Verified technology" means a pollution control	52897
technology, including retrofit technology and auxiliary power	52898
unit, that has been verified by the administrator of the United	52899
States environmental protection agency or the California air	52900
resources board.	52901

Sec. 3706.01. As used in this chapter:

52902

(A) "Governmental agency" means a department, division, or	52903
other unit of state government, a municipal corporation, county,	52904
township, and other political subdivision, or any other public	52905
corporation or agency having the power to acquire, construct, or	52906
operate air quality facilities, the United States or any agency	52907
thereof, and any agency, commission, or authority established	52908
pursuant to an interstate compact or agreement.	52909

(B) "Person" means any individual, firm, partnership,	52910
association, or corporation, or any combination thereof.	52911

(C) "Air contaminant" means particulate matter, dust, fumes,	52912
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	52913
odorous substance, or any combination thereof.	52914

(D) "Air pollution" means the presence in the ambient air of	52915
one or more air contaminants in sufficient quantity and of such	52916
characteristics and duration as to injure human health or welfare,	52917
plant or animal life, or property, or that unreasonably interferes	52918
with the comfortable enjoyment of life or property.	52919

(E) "Ambient air" means that portion of the atmosphere	52920
outside of buildings and other enclosures, stacks, or ducts that	52921
surrounds human, plant, or animal life, or property.	52922

(F) "Emission" means the release into the outdoor atmosphere	52923
of an air contaminant.	52924

(G) "Air quality facility" means any of the following:

52925

(1) Any method, modification or replacement of property,	52926
process, device, structure, or equipment that removes, reduces,	52927
prevents, contains, alters, conveys, stores, disperses, or	52928
disposes of air contaminants or substances containing air	52929
contaminants, or that renders less noxious or reduces the	52930
concentration of air contaminants in the ambient air, including,	52931
without limitation, facilities and expenditures that qualify as	52932
air pollution control facilities under section 103 (C)(4)(F) of	52933
the Internal Revenue Code of 1954, as amended, and regulations	52934
adopted thereunder;	52935

(2) Motor vehicle inspection stations operated in accordance	52936
with, and any equipment used for motor vehicle inspections	52937
conducted under, section 3704.14 of the Revised Code and rules	52938
adopted under it;	52939

(3) Ethanol or other biofuel facilities, including any	52940
equipment used at the ethanol or other biofuel facility for the	52941
production of ethanol or other biofuels;	52942

(4) Any property or portion thereof used for the collection,	52943
storage, treatment, utilization, processing, or final disposal of	52944
a by-product or solid waste resulting from any method, process,	52945
device, structure, or equipment that removes, reduces, prevents,	52946
contains, alters, conveys, stores, disperses, or disposes of air	52947
contaminants, or that renders less noxious or reduces the	52948
concentration of air contaminants in the ambient air;	52949

(5) Any property, device, or equipment that promotes the	52950
reduction of emissions of air contaminants into the ambient air	52951
through improvements in the efficiency of energy utilization or	52952
energy conservation;	52953

(6) Any coal research and development project conducted under	52954
Chapter 1555. of the Revised Code;	52955

(7) As determined by the director of the Ohio coal	52956
development office, any property or portion thereof that is used	52957
for the collection, storage, treatment, utilization, processing,	52958
or final disposal of a by-product resulting from a coal research	52959
and development project as defined in section 1555.01 of the	52960
Revised Code or from the use of clean coal technology, excluding	52961
any property or portion thereof that is used primarily for other	52962
subsequent commercial purposes;	52963

(8) Any property or portion thereof that is part of the	52964
FutureGen project of the United States department of energy or	52965
related to the siting of the FutureGen project.;	52966

(9) Any property, device, or equipment that promotes the	52967
reduction of emissions of air contaminants into the ambient air	52968
through the generation of clean, renewable energy with renewable	52969
energy resources or advanced energy resources as defined in	52970
section 3706.25 of the Revised Code.;	52971

(10) Any property, device, structure or equipment necessary	52972
for the manufacture and production of equipment described as an	52973
air quality facility under this chapter;	52974

(11) Any property, device, or equipment related to the	52975
recharging or refueling of vehicles that promotes the reduction of	52976
emissions of air contaminants into the ambient air through the use	52977
of an alternative fuel as defined in section 125.831 of the	52978
Revised Code or the use of a renewable energy resource as defined	52979
in section 3706.25 of the Revised Code.	52980

"Air quality facility" further includes any property or	52981
system to be used in whole or in part for any of the purposes in	52982
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	52983
purpose is also served, and any property or system incidental to	52984
or that has to do with, or the end purpose of which is, any of the	52985
foregoing. Air quality facilities that are defined in this	52986
division for industry, commerce, distribution, or research,	52987
including public utility companies, are hereby determined to be	52988
those that qualify as facilities for the control of air pollution	52989
and thermal pollution related to air under Section 13 of Article	52990
VIII, Ohio Constitution.	52991

(H) "Project" or "air quality project" means any air quality	52992
facility, including undivided or other interests therein, acquired	52993
or to be acquired or constructed or to be constructed by the Ohio	52994
air quality development authority under this chapter, or acquired	52995
or to be acquired or constructed or to be constructed by a	52996
governmental agency or person with all or a part of the cost	52997
thereof being paid from a loan or grant from the authority under	52998
this chapter or otherwise paid from the proceeds of air quality	52999
revenue bonds, including all buildings and facilities that the	53000
authority determines necessary for the operation of the project,	53001
together with all property, rights, easements, and interests that	53002
may be required for the operation of the project.	53003

(I) "Cost" as applied to an air quality project means the	53004
cost of acquisition and construction, the cost of acquisition of	53005
all land, rights-of-way, property rights, easements, franchise	53006
rights, and interests required for such acquisition and	53007
construction, the cost of demolishing or removing any buildings or	53008
structures on land so acquired, including the cost of acquiring	53009
any lands to which such buildings or structures may be moved, the	53010
cost of acquiring or constructing and equipping a principal office	53011
and sub-offices of the authority, the cost of diverting highways,	53012
interchange of highways, and access roads to private property,	53013
including the cost of land or easements for such access roads, the	53014
cost of public utility and common carrier relocation or	53015
duplication, the cost of all machinery, furnishings, and	53016
equipment, financing charges, interest prior to and during	53017
construction and for no more than eighteen months after completion	53018
of construction, engineering, expenses of research and development	53019
with respect to air quality facilities, the cost of any commodity	53020
contract, including fees and expenses related thereto, legal	53021
expenses, plans, specifications, surveys, studies, estimates of	53022
cost and revenues, working capital, other expenses necessary or	53023
incident to determining the feasibility or practicability of	53024
acquiring or constructing such project, administrative expense,	53025
and such other expense as may be necessary or incident to the	53026
acquisition or construction of the project, the financing of such	53027
acquisition or construction, including the amount authorized in	53028
the resolution of the authority providing for the issuance of air	53029
quality revenue bonds to be paid into any special funds from the	53030
proceeds of such bonds, and the financing of the placing of such	53031
project in operation. Any obligation, cost, or expense incurred by	53032
any governmental agency or person for surveys, borings,	53033
preparation of plans and specifications, and other engineering	53034
services, or any other cost described above, in connection with	53035
the acquisition or construction of a project may be regarded as a	53036
part of the cost of that project and may be reimbursed out of the	53037
proceeds of air quality revenue bonds as authorized by this	53038
chapter.	53039

(J) "Owner" includes an individual, copartnership,	53040
association, or corporation having any title or interest in any	53041
property, rights, easements, or interests authorized to be	53042
acquired by this chapter.	53043

(K) "Revenues" means all rentals and other charges received	53044
by the authority for the use or services of any air quality	53045
project, any gift or grant received with respect to any air	53046
quality project, any moneys received with respect to the lease,	53047
sublease, sale, including installment sale or conditional sale, or	53048
other disposition of an air quality project, moneys received in	53049
repayment of and for interest on any loans made by the authority	53050
to a person or governmental agency, whether from the United States	53051
or any department, administration, or agency thereof, or	53052
otherwise, proceeds of such bonds to the extent that use thereof	53053
for payment of principal of, premium, if any, or interest on the	53054
bonds is authorized by the authority, amounts received or	53055
otherwise derived from a commodity contract or from the sale of	53056
the related commodity under such a contract, proceeds from any	53057
insurance, condemnation, or guaranty pertaining to a project or	53058
property mortgaged to secure bonds or pertaining to the financing	53059
of the project, and income and profit from the investment of the	53060
proceeds of air quality revenue bonds or of any revenues.	53061

(L) "Public roads" includes all public highways, roads, and	53062
streets in the state, whether maintained by the state, county,	53063
city, township, or other political subdivision.	53064

(M) "Public utility facilities" includes tracks, pipes,	53065
mains, conduits, cables, wires, towers, poles, and other equipment	53066
and appliances of any public utility.	53067

(N) "Construction," unless the context indicates a different	53068
meaning or intent, includes reconstruction, enlargement,	53069
improvement, or providing furnishings or equipment.	53070

(O) "Air quality revenue bonds," unless the context indicates	53071
a different meaning or intent, includes air quality revenue notes,	53072
air quality revenue renewal notes, and air quality revenue	53073
refunding bonds, except that notes issued in anticipation of the	53074
issuance of bonds shall have a maximum maturity of five years as	53075
provided in section 3706.05 of the Revised Code and notes or	53076
renewal notes issued as the definitive obligation may be issued	53077
maturing at such time or times with a maximum maturity of forty	53078
years from the date of issuance of the original note.	53079

(P) "Solid waste" means any garbage; refuse; sludge from a	53080
waste water treatment plant, water supply treatment plant, or air	53081
pollution control facility; and other discarded material,	53082
including solid, liquid, semisolid, or contained gaseous material	53083
resulting from industrial, commercial, mining, and agricultural	53084
operations, and from community activities, but not including solid	53085
or dissolved material in domestic sewage, or solid or dissolved	53086
material in irrigation return flows or industrial discharges that	53087
are point sources subject to permits under section 402 of the	53088
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	53089
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	53090
byproduct material as defined by the "Atomic Energy Act of 1954,"	53091
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	53092

(Q) "Sludge" means any solid, semisolid, or liquid waste,	53093
other than a recyclable by-product, generated from a municipal,	53094
commercial, or industrial waste water treatment plant, water	53095
supply plant, or air pollution control facility or any other such	53096
wastes having similar characteristics and effects.	53097

(R) "Ethanol or other biofuel facility" means a plant at	53098
which ethanol or other biofuel is produced.	53099

(S) "Ethanol" means fermentation ethyl alcohol derived from	53100
agricultural products, including potatoes, cereal, grains, cheese	53101
whey, and sugar beets; forest products; or other renewable or	53102
biomass resources, including residue and waste generated from the	53103
production, processing, and marketing of agricultural products,	53104
forest products, and other renewable or biomass resources, that	53105
meets all of the specifications in the American society for	53106
testing and materials (ASTM) specification D 4806-88 and is	53107
denatured as specified in Parts 20 and 21 of Title 27 of the Code	53108
of Federal Regulations.	53109

(T) "Biofuel" means any fuel that is made from cellulosic	53110
biomass resources, including renewable organic matter, crop waste	53111
residue, wood, aquatic plants and other crops, animal waste, solid	53112
waste, or sludge, and that is used for the production of energy	53113
for transportation or other purposes.	53114

(U) "FutureGen project" means the buildings, equipment, and	53115
real property and functionally related buildings, equipment, and	53116
real property, including related research projects that support	53117
the development and operation of the buildings, equipment, and	53118
real property, designated by the United States department of	53119
energy and the FutureGen industrial alliance, inc., as the	53120
coal-fueled, zero-emissions power plant designed to prove the	53121
technical and economic feasibility of producing electricity and	53122
hydrogen from coal and nearly eliminating carbon dioxide emissions	53123
through capture and permanent storage.	53124

(V) "Commodity contract" means a contract or series of	53125
contracts entered into in connection with the acquisition or	53126
construction of air quality facilities for the purchase or sale of	53127
a commodity that is eligible for prepayment with the proceeds of	53128
federally tax exempt bonds under sections 103, 141, and 148 of the	53129
Internal Revenue Code of 1986, as amended, and regulations adopted	53130
under it.	53131

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

53132

"Physician" means a person authorized under Chapter 4731. of	53133
the Revised Code to practice medicine and surgery or osteopathic	53134
medicine and surgery.	53135

"Chiropractor" means a person licensed under Chapter 4734. of	53136
the Revised Code to practice chiropractic.	53137

(B) A youth sports organization shall provide to the parent,	53138
guardian, or other person having care or charge of an individual	53139
who wishes to practice for or compete in an athletic activity	53140
organized by a youth sports organization the concussion and head	53141
injury information sheet required by section 3707.52 of the	53142
Revised Code. The organization shall provide the information sheet	53143
annually for each sport or other category of athletic activity for	53144
or in which the individual practices or competes.	53145

(C)(1) No individual shall act as a coach or referee for a	53146
youth sports organization unless the individual holds a	53147
pupil-activity program permit issued under section 3319.303 of the	53148
Revised Code for coaching interscholastic athletics or presents	53149
evidence that the individual has successfully completed, within	53150
the previous three years, a training program in recognizing the	53151
symptoms of concussions and head injuries to which the department	53152
of health has provided a link on its internet web site under	53153
section 3707.52 of the Revised Code.	53154

(2) The youth sports organization for which the individual	53155
intends to act as a coach or referee shall inform the individual	53156
of the requirement described in division (C)(1) of this section.	53157

(D) If an individual practicing for or competing in an	53158
athletic event organized by a youth sports organization exhibits	53159
signs, symptoms, or behaviors consistent with having sustained a	53160
concussion or head injury while participating in the practice or	53161
competition, the individual shall be removed from the practice or	53162
competition by one of the following:	53163

(1) The individual who is serving as the individual's coach	53164
during that practice or competition;	53165

(2) An individual who is serving as a referee during that	53166
practice or competition;	53167

(3) An official of the youth sports organization who is	53168
supervising that practice or competition.	53169

(E)(1) If an individual is removed from practice or	53170
competition under division (D) of this section, the coach,	53171
referee, or official who removed the individual shall not allow	53172
the individual, on the same day the individual is removed, to	53173
return to that practice or competition or to participate in any	53174
other practice or competition for which the coach, referee, or	53175
official is responsible. Thereafter, the coach, referee, or	53176
official shall not allow the student to return to that practice or	53177
competition or to participate in any other practice or competition	53178
for which the coach, referee, or official is responsible until	53179
both of the following conditions are satisfied:	53180

(a) The individual's condition is assessed by ~~either~~any of	53181
the following:	53182

(i) A physician;

53183

(ii) A chiropractor;

53184

(iii) Any other licensed health care provider the youth	53185
sports organization, pursuant to division (E)(2) of this section,	53186
authorizes to assess an individual who has been removed from	53187
practice or competition under division (D) of this section.	53188

(b) The individual receives written clearance that it is safe	53189
for the individual to return to practice or competition from a	53190
physician, chiropractor, or ~~from~~ another licensed health care	53191
provider authorized pursuant to division (E)(2) of this section to	53192
grant the clearance.	53193

(2) A youth sports organization may authorize a licensed	53194
health care provider who is not a physician or a chiropractor to	53195
make an assessment or grant a clearance for purposes of division	53196
(E)(1) of this section only if the provider is acting in	53197
accordance with one of the following, as applicable to the	53198
provider's authority to practice in this state:	53199

(a) In consultation with a physician;

53200

(b) Pursuant to the referral of a physician;

53201

53202

(d) Under the supervision of a physician.

53203

(3) A physician, chiropractor, or other licensed health care	53204
provider who makes an assessment or grants a clearance for	53205
purposes of division (E)(1) of this section may be a volunteer.	53206

(F)(1) A youth sports organization or official, employee, or	53207
volunteer of a youth sports organization, including a coach or	53208
referee, is not liable in damages in a civil action for injury,	53209
death, or loss to person or property allegedly arising from	53210
providing services or performing duties under this section, unless	53211
the act or omission constitutes willful or wanton misconduct.	53212

(2) This section does not eliminate, limit, or reduce any	53213
other immunity or defense that a public entity, public official,	53214
or public employee may be entitled to under Chapter 2744. or any	53215
other provision of the Revised Code or under the common law of	53216
this state.	53217

Sec. 3709.01. The state shall be divided into health	53218
districts. Each city constitutes a health district and shall be	53219
known as a "city health district."	53220

The townships and villages in each county shall be combined	53221
into a health district and shall be known as a "general health	53222
district."	53223

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	53224
3709.10 of the Revised Code, there may be a union of two or more	53225
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	53226
of two or more ~~contiguous~~ city health districts to form a single	53227
city health district, or a union of a general health district and	53228
one or more city health districts located within or partially	53229
within such general health district.	53230

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	53231
may be united to form a single city health district by a majority	53232
affirmative vote of the legislative authority of each city	53233
affected by the union.	53234

If at least three per cent of the qualified electors residing	53235
within each of two or more ~~contiguous~~ city health districts sign a	53236
petition proposing a union into a single city health district, an	53237
election shall be held as provided in this section to determine	53238
whether a single city health district shall be formed. The	53239
petition for union may specify regarding the board of health of	53240
the new district:	53241

(A) The qualifications for membership;

53242

(B) The term of office;

53243

(C) The number of members or a method by which the number may	53244
be determined from time to time;	53245

(D) The method of appointment.

53246

Such petition shall be filed with the boards of county	53247
commissioners of the respective counties affected, subject to	53248
approval of the director of health, and such boards shall promptly	53249
certify the text of the proposal to the boards of election for the	53250
purpose of having the proposal placed on the ballot at the next	53251
general election occurring more than ninety days after such	53252
certification. The election procedures provided in Chapter 3505.	53253
of the Revised Code for questions and issues shall apply to the	53254
election. If a majority of the electors voting on the proposal in	53255
each of the health districts affected vote in favor thereof, the	53256
union of such districts into a single city health district shall	53257
be established on the second succeeding first day of January.	53258

Sec. 3709.10. When it is proposed that two or more	53259
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	53260
the formation of one general health district, the district	53261
advisory council of each general health district shall meet and	53262
vote on the question of union. An affirmative majority vote of the	53263
district advisory council shall be required for approval. When the	53264
district advisory councils have voted affirmatively on the	53265
question, they shall meet in joint session and shall elect a board	53266
of health for the combined districts. Each original general health	53267
district shall be entitled to at least one member on the board of	53268
health of the combined districts.	53269

When such union is completed, ~~such~~the district shall	53270
constitute a general health district and shall be governed in the	53271
manner provided for general health districts. When two or more	53272
general health districts unite to form one district, the office of	53273
the board of health shall be located at the county seat of the	53274
county selected by the joint board of district advisory councils.	53275

When two or more general health districts have been combined	53276
into a single district, the county auditor of the county selected	53277
by the joint board of district advisory councils as the location	53278
of the central office of the board of health shall be the auditor	53279
of such district and the county treasurer of such county shall be	53280
the custodian of the health funds of such district. When the	53281
budget of such combined general health district is a matter for	53282
consideration, the members of the budget commissions of the	53283
counties constituting the district shall sit as a joint board for	53284
considering and acting on such budget.	53285

Sec. 3712.051. (A) As used in this division, "person" does	53286
not include a member of an interdisciplinary team, as defined in	53287
section 3712.01 of the Revised Code, or any individual who is	53288
employed by a person or public agency licensed under section	53289
3712.041 of the Revised Code.	53290

Except as provided in division (B) of this section, no person	53291
or public agency, other than a person or public agency licensed	53292
pursuant to section 3712.041 of the Revised Code, shall hold	53293
itself out as providing a pediatric respite care program, or	53294
provide a pediatric respite care program, or use the term	53295
"pediatric respite care program" or any term containing "pediatric	53296
respite care" to describe or refer to a health program, facility,	53297
or agency.	53298

(B) Division (A) of this section does not apply to any of the	53299
following:	53300

(1) A hospital;

53301

(2) A nursing home or residential care facility, as those	53302
terms are defined in section 3721.01 of the Revised Code;	53303

(3) A home health agency, if it provides services under	53304
contract with a person or public agency providing a pediatric	53305
respite care program licensed under section 3712.041 of the	53306
Revised Code;	53307

(4) A regional, state, or national nonprofit organization	53308
whose members are providers of pediatric respite care programs,	53309
individuals interested in pediatric respite care programs, or	53310
both, as long as the organization does not provide or represent	53311
that it provides pediatric respite care programs;	53312

(5) A person or government entity certified under section	53313
5123.161 of the Revised Code as a supported living provider;	53314

(6) A residential facility licensed under section 5123.19 of	53315
the Revised Code;	53316

(7) A respite care home certified under section 5126.05 of	53317
the Revised Code;	53318

(8) A person providing respite care under a family support	53319
services program established under section 5126.11 of the Revised	53320
Code;	53321

(9) A person or government entity providing respite care	53322
under a medicaid waiver component that the department of	53323
developmental disabilities administers pursuant to section	53324
~~5111.871~~5166.21 of the Revised Code.	53325

(C) The department of health shall petition the court of	53326
common pleas of any county in which a person or public agency,	53327
without a license granted under section 3712.041 of the Revised	53328
Code, is holding itself out as providing a pediatric respite care	53329
program, is providing a pediatric respite care program, or is	53330
representing a health program, facility, or agency as a pediatric	53331
respite care program, for an order enjoining that person or public	53332
agency from conducting those activities without a license. The	53333
court has jurisdiction to grant injunctive relief upon a showing	53334
that the respondent named in the petition is conducting those	53335
activities without a license.	53336

Any person or public agency may request the department to	53337
petition the court for injunctive relief under this division, and	53338
the department shall do so if it determines that the person or	53339
public agency named in the request is violating division (A) of	53340
this section.	53341

Sec. 3712.07. (A) As used in this section, "terminal care	53342
facility for the homeless" means a facility that provides	53343
accommodations to homeless individuals who are terminally ill.	53344

(B) A person or public agency licensed under this chapter to	53345
provide a hospice care program may enter into an agreement with a	53346
terminal care facility for the homeless under which hospice care	53347
program services may be provided to individuals residing at the	53348
facility, if all of the following apply:	53349

(1) Each resident of the facility has been diagnosed by a	53350
physician as having a terminal condition and an anticipated life	53351
expectancy of six months or less;	53352

(2) No resident of the facility has a relative or other	53353
person willing or capable of providing the care necessary to cope	53354
with ~~his~~the resident's terminal illness or is financially capable	53355
of hiring a person to provide such care;	53356

(3) Each resident of the facility is under the direct care of	53357
a physician;	53358

(4) No resident of the facility requires the staff of the	53359
facility to administer medication by injection;	53360

(5) The facility does not receive any remuneration, directly	53361
or indirectly, from the residents;	53362

(6) The facility does not receive any remuneration, directly	53363
or indirectly, from the ~~medical assistance~~medicaid program	53364
~~established under section 5111.01 of the Revised Code~~ or the	53365
medicare program ~~established under Title XVIII of the "Social~~	53366
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	53367

(7) The facility meets all applicable state and federal	53368
health and safety standards, including standards for fire	53369
prevention, maintenance of safe and sanitary conditions, and	53370
proper preparation and storage of foods.	53371

(C) Hospice care program services may be provided at a	53372
terminal care facility for the homeless only by the personnel of	53373
the person or public agency that has entered into an agreement	53374
with the facility under this section.	53375

(D) A terminal care facility for the homeless that has	53376
entered into an agreement under this section may assist its	53377
residents with the self-administration of medication if the	53378
medication has been prescribed by a physician and is not	53379
administered by injection. In the event that a resident has	53380
entered the final stages of dying and is no longer mentally alert,	53381
the facility may administer medication to that resident if the	53382
medication has been prescribed by a physician and is not	53383
administered by injection. Determinations of whether an individual	53384
has entered the final stages of dying and is no longer mentally	53385
alert shall be based on directions from the personnel who provide	53386
hospice care program services at the facility.	53387

Sec. 3712.09. (A) As used in this section:

53388

(1) "Applicant" means a person who is under final	53389
consideration for employment with a hospice care program or	53390
pediatric respite care program in a full-time, part-time, or	53391
temporary position that involves providing direct care to an older	53392
adult or pediatric respite care patient. "Applicant" does not	53393
include a person who provides direct care as a volunteer without	53394
receiving or expecting to receive any form of remuneration other	53395
than reimbursement for actual expenses.	53396

(2) "Criminal records check" has the same meaning as in	53397
section 109.572 of the Revised Code.	53398

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

53399

(B)(1) Except as provided in division (I) of this section,	53400
the chief administrator of a hospice care program or pediatric	53401
respite care program shall request that the superintendent of the	53402
bureau of criminal identification and investigation conduct a	53403
criminal records check of each applicant. If an applicant for whom	53404
a criminal records check request is required under this division	53405
does not present proof of having been a resident of this state for	53406
the five-year period immediately prior to the date the criminal	53407
records check is requested or provide evidence that within that	53408
five-year period the superintendent has requested information	53409
about the applicant from the federal bureau of investigation in a	53410
criminal records check, the chief administrator shall request that	53411
the superintendent obtain information from the federal bureau of	53412
investigation as part of the criminal records check of the	53413
applicant. Even if an applicant for whom a criminal records check	53414
request is required under this division presents proof of having	53415
been a resident of this state for the five-year period, the chief	53416
administrator may request that the superintendent include	53417
information from the federal bureau of investigation in the	53418
criminal records check.	53419

(2) A person required by division (B)(1) of this section to	53420
request a criminal records check shall do both of the following:	53421

(a) Provide to each applicant for whom a criminal records	53422
check request is required under that division a copy of the form	53423
prescribed pursuant to division (C)(1) of section 109.572 of the	53424
Revised Code and a standard fingerprint impression sheet	53425
prescribed pursuant to division (C)(2) of that section, and obtain	53426
the completed form and impression sheet from the applicant;	53427

(b) Forward the completed form and impression sheet to the	53428
superintendent of the bureau of criminal identification and	53429
investigation.	53430

(3) An applicant provided the form and fingerprint impression	53431
sheet under division (B)(2)(a) of this section who fails to	53432
complete the form or provide fingerprint impressions shall not be	53433
employed in any position for which a criminal records check is	53434
required by this section.	53435

(C)(1) Except as provided in rules adopted by the director of	53436
health in accordance with division (F) of this section and subject	53437
to division (C)(2) of this section, no hospice care program or	53438
pediatric respite care program shall employ a person in a position	53439
that involves providing direct care to an older adult or pediatric	53440
respite care patient if the person has been convicted of or	53441
pleaded guilty to any of the following:	53442

(a) A violation of section 2903.01, 2903.02, 2903.03,	53443
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	53444
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	53445
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	53446
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	53447
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	53448
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	53449
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	53450
2925.22, 2925.23, or 3716.11 of the Revised Code.	53451

(b) A violation of an existing or former law of this state,	53452
any other state, or the United States that is substantially	53453
equivalent to any of the offenses listed in division (C)(1)(a) of	53454
this section.	53455

(2)(a) A hospice care program or pediatric respite care	53456
program may employ conditionally an applicant for whom a criminal	53457
records check request is required under division (B) of this	53458
section prior to obtaining the results of a criminal records check	53459
regarding the individual, provided that the program shall request	53460
a criminal records check regarding the individual in accordance	53461
with division (B)(1) of this section not later than five business	53462
days after the individual begins conditional employment. In the	53463
circumstances described in division (I)(2) of this section, a	53464
hospice care program or pediatric respite care program may employ	53465
conditionally an applicant who has been referred to the hospice	53466
care program or pediatric respite care program by an employment	53467
service that supplies full-time, part-time, or temporary staff for	53468
positions involving the direct care of older adults or pediatric	53469
respite care patients and for whom, pursuant to that division, a	53470
criminal records check is not required under division (B) of this	53471
section.	53472

(b) A hospice care program or pediatric respite care program	53473
that employs an individual conditionally under authority of	53474
division (C)(2)(a) of this section shall terminate the	53475
individual's employment if the results of the criminal records	53476
check requested under division (B) of this section or described in	53477
division (I)(2) of this section, other than the results of any	53478
request for information from the federal bureau of investigation,	53479
are not obtained within the period ending thirty days after the	53480
date the request is made. Regardless of when the results of the	53481
criminal records check are obtained, if the results indicate that	53482
the individual has been convicted of or pleaded guilty to any of	53483
the offenses listed or described in division (C)(1) of this	53484
section, the program shall terminate the individual's employment	53485
unless the program chooses to employ the individual pursuant to	53486
division (F) of this section. Termination of employment under this	53487
division shall be considered just cause for discharge for purposes	53488
of division (D)(2) of section 4141.29 of the Revised Code if the	53489
individual makes any attempt to deceive the program about the	53490
individual's criminal record.	53491

(D)(1) Each hospice care program or pediatric respite care	53492
program shall pay to the bureau of criminal identification and	53493
investigation the fee prescribed pursuant to division (C)(3) of	53494
section 109.572 of the Revised Code for each criminal records	53495
check conducted pursuant to a request made under division (B) of	53496
this section.	53497

(2) A hospice care program or pediatric respite care program	53498
may charge an applicant a fee not exceeding the amount the program	53499
pays under division (D)(1) of this section. A program may collect	53500
a fee only if both of the following apply:	53501

(a) The program notifies the person at the time of initial	53502
application for employment of the amount of the fee and that,	53503
unless the fee is paid, the person will not be considered for	53504
employment;	53505

(b) The ~~medical assistance~~medicaid program ~~established under~~	53506
~~Chapter 5111. of the Revised Code~~ does not reimburse the program	53507
the fee it pays under division (D)(1) of this section.	53508

(E) The report of a criminal records check conducted pursuant	53509
to a request made under this section is not a public record for	53510
the purposes of section 149.43 of the Revised Code and shall not	53511
be made available to any person other than the following:	53512

(1) The individual who is the subject of the criminal records	53513
check or the individual's representative;	53514

(2) The chief administrator of the program requesting the	53515
criminal records check or the administrator's representative;	53516

(3) The administrator of any other facility, agency, or	53517
program that provides direct care to older adults or pediatric	53518
respite care patients that is owned or operated by the same entity	53519
that owns or operates the hospice care program or pediatric	53520
respite care program;	53521

(4) A court, hearing officer, or other necessary individual	53522
involved in a case dealing with a denial of employment of the	53523
applicant or dealing with employment or unemployment benefits of	53524
the applicant;	53525

(5) Any person to whom the report is provided pursuant to,	53526
and in accordance with, division (I)(1) or (2) of this section.	53527

(F) The director of health shall adopt rules in accordance	53528
with Chapter 119. of the Revised Code to implement this section.	53529
The rules shall specify circumstances under which a hospice care	53530
program or pediatric respite care program may employ a person who	53531
has been convicted of or pleaded guilty to an offense listed or	53532
described in division (C)(1) of this section but meets personal	53533
character standards set by the director.	53534

(G) The chief administrator of a hospice care program or	53535
pediatric respite care program shall inform each individual, at	53536
the time of initial application for a position that involves	53537
providing direct care to an older adult or pediatric respite care	53538
patient, that the individual is required to provide a set of	53539
fingerprint impressions and that a criminal records check is	53540
required to be conducted if the individual comes under final	53541
consideration for employment.	53542

(H) In a tort or other civil action for damages that is	53543
brought as the result of an injury, death, or loss to person or	53544
property caused by an individual who a hospice care program or	53545
pediatric respite care program employs in a position that involves	53546
providing direct care to older adults or pediatric respite care	53547
patients, all of the following shall apply:	53548

(1) If the program employed the individual in good faith and	53549
reasonable reliance on the report of a criminal records check	53550
requested under this section, the program shall not be found	53551
negligent solely because of its reliance on the report, even if	53552
the information in the report is determined later to have been	53553
incomplete or inaccurate;	53554

(2) If the program employed the individual in good faith on a	53555
conditional basis pursuant to division (C)(2) of this section, the	53556
program shall not be found negligent solely because it employed	53557
the individual prior to receiving the report of a criminal records	53558
check requested under this section;	53559

(3) If the program in good faith employed the individual	53560
according to the personal character standards established in rules	53561
adopted under division (F) of this section, the program shall not	53562
be found negligent solely because the individual prior to being	53563
employed had been convicted of or pleaded guilty to an offense	53564
listed or described in division (C)(1) of this section.	53565

(I)(1) The chief administrator of a hospice care program or	53566
pediatric respite care program is not required to request that the	53567
superintendent of the bureau of criminal identification and	53568
investigation conduct a criminal records check of an applicant if	53569
the applicant has been referred to the program by an employment	53570
service that supplies full-time, part-time, or temporary staff for	53571
positions involving the direct care of older adults or pediatric	53572
respite care patients and both of the following apply:	53573

(a) The chief administrator receives from the employment	53574
service or the applicant a report of the results of a criminal	53575
records check regarding the applicant that has been conducted by	53576
the superintendent within the one-year period immediately	53577
preceding the applicant's referral;	53578

(b) The report of the criminal records check demonstrates	53579
that the person has not been convicted of or pleaded guilty to an	53580
offense listed or described in division (C)(1) of this section, or	53581
the report demonstrates that the person has been convicted of or	53582
pleaded guilty to one or more of those offenses, but the hospice	53583
care program or pediatric respite care program chooses to employ	53584
the individual pursuant to division (F) of this section.	53585

(2) The chief administrator of a hospice care program or	53586
pediatric respite care program is not required to request that the	53587
superintendent of the bureau of criminal identification and	53588
investigation conduct a criminal records check of an applicant and	53589
may employ the applicant conditionally as described in this	53590
division, if the applicant has been referred to the program by an	53591
employment service that supplies full-time, part-time, or	53592
temporary staff for positions involving the direct care of older	53593
adults or pediatric respite care patients and if the chief	53594
administrator receives from the employment service or the	53595
applicant a letter from the employment service that is on the	53596
letterhead of the employment service, dated, and signed by a	53597
supervisor or another designated official of the employment	53598
service and that states that the employment service has requested	53599
the superintendent to conduct a criminal records check regarding	53600
the applicant, that the requested criminal records check will	53601
include a determination of whether the applicant has been	53602
convicted of or pleaded guilty to any offense listed or described	53603
in division (C)(1) of this section, that, as of the date set forth	53604
on the letter, the employment service had not received the results	53605
of the criminal records check, and that, when the employment	53606
service receives the results of the criminal records check, it	53607
promptly will send a copy of the results to the hospice care	53608
program or pediatric respite care program. If a hospice care	53609
program or pediatric respite care program employs an applicant	53610
conditionally in accordance with this division, the employment	53611
service, upon its receipt of the results of the criminal records	53612
check, promptly shall send a copy of the results to the hospice	53613
care program or pediatric respite care program, and division	53614
(C)(2)(b) of this section applies regarding the conditional	53615
employment.	53616

Sec. 3713.06. (A) Any person required to register under	53617
division (A) of section 3713.02 of the Revised Code who imports	53618
bedding or stuffed toys into this state for retail sale or use in	53619
this state and any person required to register under division (A)	53620
of section 3713.02 of the Revised Code who manufactures bedding or	53621
stuffed toys in this state for retail sale or use in this state	53622
shall submit a report to the superintendent of industrial	53623
compliance, in a form and manner prescribed by the superintendent.	53624
The form shall be submitted once ~~every six months~~per year and	53625
shall show the total number of items of bedding or stuffed toys	53626
imported into this state or manufactured in this state. Each	53627
report shall be accompanied by a fee of four cents for each item	53628
of bedding or stuffed toy imported into this state or manufactured	53629
in this state.	53630

(B) Every importer, manufacturer, or wholesaler of stuffed	53631
toys or articles of bedding, and every mobile home and	53632
recreational vehicle dealer, conversion van dealer, secondhand	53633
dealer, and auction house shall retain records, designated by the	53634
superintendent in rule, for the time period established in rule.	53635

(C) Every importer, manufacturer, or wholesaler of stuffed	53636
toys or articles of bedding, and every mobile home and	53637
recreational vehicle dealer, conversion van dealer, secondhand	53638
dealer, and auction house shall make sufficient investigation of	53639
its records to ensure that the information reported to the	53640
superintendent under division (A) of this section is accurate.	53641

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	53642
health and the environmental protection agency in administering	53643
and enforcing this chapter and rules adopted under it, there is	53644
hereby levied a fee of thirty cents per cubic yard or sixty cents	53645
per ton, as applicable, on both of the following:	53646

(a) The disposal of construction and demolition debris at a	53647
construction and demolition debris facility that is licensed under	53648
this chapter or at a solid waste facility that is licensed under	53649
Chapter 3734. of the Revised Code;	53650

(b) The disposal of asbestos or asbestos-containing materials	53651
or products at a construction and demolition debris facility that	53652
is licensed under this chapter or at a solid waste facility that	53653
is licensed under Chapter 3734. of the Revised Code.	53654

(2) The owner or operator of a construction and demolition	53655
debris facility or a solid waste facility shall determine if cubic	53656
yards or tons will be used as the unit of measurement. If basing	53657
the fee on cubic yards, the owner or operator shall utilize either	53658
the maximum cubic yard capacity of the container, or the hauling	53659
volume of the vehicle, that transports the construction and	53660
demolition debris to the facility or the cubic yards actually	53661
logged for disposal by the owner or operator in accordance with	53662
rules adopted under section 3714.02 of the Revised Code. If basing	53663
the fee on tonnage, the owner or operator shall use certified	53664
scales to determine the tonnage of construction and demolition	53665
debris that is disposed of.	53666

(3) The owner or operator of a construction and demolition	53667
debris facility or a solid waste facility shall calculate the	53668
amount of money generated from the fee levied under division	53669
(A)(1) of this section and shall hold that amount as a trustee for	53670
the health district having jurisdiction over the facility, if that	53671
district is on the approved list under section 3714.09 of the	53672
Revised Code, or for the state. The owner or operator shall	53673
prepare and file with the appropriate board of health or the	53674
director of environmental protection monthly returns indicating	53675
the total volume or weight, as applicable, of construction and	53676
demolition debris and asbestos or asbestos-containing materials or	53677
products disposed of at the facility and the total amount of money	53678
generated during that month from the fee levied under division	53679
(A)(1) of this section on the disposal of construction and	53680
demolition debris and asbestos or asbestos-containing materials or	53681
products. Not later than thirty days after the last day of the	53682
month to which the return applies, the owner or operator shall	53683
mail to the board of health or the director the return for that	53684
month together with the amount of money calculated under division	53685
(A)(3) of this section on the disposal of construction and	53686
demolition debris and asbestos or asbestos-containing materials or	53687
products during that month or may submit the return and money	53688
electronically in a manner approved by the director. The owner or	53689
operator may request, in writing, an extension of not more than	53690
thirty days after the last day of the month to which the return	53691
applies. A request for extension may be denied. If the owner or	53692
operator submits the money late, the owner or operator shall pay a	53693
penalty of ten per cent of the amount of the money due for each	53694
month that it is late.	53695

(4) Of the money that is submitted by a construction and	53696
demolition debris facility or a solid waste facility on a per	53697
cubic yard or per ton basis under this section, a board of health	53698
shall transmit three cents per cubic yard or six cents per ton, as	53699
applicable, to the director not later than forty-five days after	53700
the receipt of the money. The money retained by a board of health	53701
under this section shall be paid into a special fund, which is	53702
hereby created in each health district, and used solely tofor the	53703
following purposes:	53704

(a) To administer and enforce this chapter and rules adopted	53705
under it;	53706

(b) To abate accumulations of construction and demolition	53707
debris as provided in section 3714.074 of the Revised Code.	53708

The director shall transmit all money received under this	53709
section to the treasurer of state to be credited to the	53710
construction and demolition debris facility oversight fund, which	53711
is hereby created in the state treasury. The fund shall be	53712
administered by the director, and money credited to the fund shall	53713
be used exclusively for the administration and enforcement of this	53714
chapter and rules adopted under it.	53715

(B) The board of health of a health district or the director	53716
may enter into an agreement with the owner or operator of a	53717
construction and demolition debris facility or a solid waste	53718
facility for the quarterly payment of money generated from the	53719
disposal fee as calculated in division (A)(3) of this section. The	53720
board of health shall notify the director of any such agreement.	53721
Not later than forty-five days after receipt of the quarterly	53722
payment, the board of health shall transmit the amount established	53723
in division (A)(4) of this section to the director. The money	53724
retained by the board of health shall be deposited in the special	53725
fund of the district as required under that division. Upon receipt	53726
of the money from a board of health, the director shall transmit	53727
the money to the treasurer of state to be credited to the	53728
construction and demolition debris facility oversight fund.	53729

(C) If a construction and demolition debris facility or a	53730
solid waste facility is located within the territorial boundaries	53731
of a municipal corporation or the unincorporated area of a	53732
township, the municipal corporation or township may appropriate up	53733
to four cents per cubic yard or up to eight cents per ton of the	53734
disposal fee required to be paid by the facility under division	53735
(A)(1) of this section for the same purposes that a municipal	53736
corporation or township may levy a fee under division (C) of	53737
section 3734.57 of the Revised Code.	53738

The legislative authority of the municipal corporation or	53739
township may appropriate the money from the fee by enacting an	53740
ordinance or adopting a resolution establishing the amount of the	53741
fee to be appropriated. Upon doing so, the legislative authority	53742
shall mail a certified copy of the ordinance or resolution to the	53743
board of health of the health district in which the construction	53744
and demolition debris facility or the solid waste facility is	53745
located or, if the facility is located in a health district that	53746
is not on the approved list under section 3714.09 of the Revised	53747
Code, to the director. Upon receipt of the copy of the ordinance	53748
or resolution and not later than forty-five days after receipt of	53749
money generated from the fee, the board or the director, as	53750
applicable, shall transmit to the treasurer or other appropriate	53751
officer of the municipal corporation or clerk of the township that	53752
portion of the money generated from the disposal fee by the owner	53753
or operator of the facility that is required by the ordinance or	53754
resolution to be paid to that municipal corporation or township.	53755

Money received by the treasurer or other appropriate officer	53756
of a municipal corporation under this division shall be paid into	53757
the general fund of the municipal corporation. Money received by	53758
the clerk of a township under this division shall be paid into the	53759
general fund of the township. The treasurer or other officer of	53760
the municipal corporation or the clerk of the township, as	53761
appropriate, shall maintain separate records of the money received	53762
under this division.	53763

The legislative authority of a municipal corporation or	53764
township may cease appropriating money under this division by	53765
repealing the ordinance or resolution that was enacted or adopted	53766
under this division.	53767

The director shall adopt rules in accordance with Chapter	53768
119. of the Revised Code establishing requirements for prorating	53769
the amount of the fee that may be appropriated under this division	53770
by a municipal corporation or township in which only a portion of	53771
a construction and demolition debris facility is located within	53772
the territorial boundaries of the municipal corporation or	53773
township.	53774

(D) The board of county commissioners of a county in which a	53775
construction and demolition debris facility or a solid waste	53776
facility is located may appropriate up to three cents per cubic	53777
yard or up to six cents per ton of the disposal fee required to be	53778
paid by the facility under division (A)(1) of this section for the	53779
same purposes that a solid waste management district may levy a	53780
fee under division (B) of section 3734.57 of the Revised Code.	53781

The board of county commissioners may appropriate the money	53782
from the fee by adopting a resolution establishing the amount of	53783
the fee to be appropriated. Upon doing so, the board of county	53784
commissioners shall mail a certified copy of the resolution to the	53785
board of health of the health district in which the construction	53786
and demolition debris facility or the solid waste facility is	53787
located or, if the facility is located in a health district that	53788
is not on the approved list under section 3714.09 of the Revised	53789
Code, to the director. Upon receipt of the copy of the resolution	53790
and not later than forty-five days after receipt of money	53791
generated from the fee, the board of health or the director, as	53792
applicable, shall transmit to the treasurer of the county that	53793
portion of the money generated from the disposal fee by the owner	53794
or operator of the facility that is required by the resolution to	53795
be paid to that county.	53796

Money received by a county treasurer under this division	53797
shall be paid into the general fund of the county. The county	53798
treasurer shall maintain separate records of the money received	53799
under this division.	53800

A board of county commissioners may cease appropriating money	53801
under this division by repealing the resolution that was adopted	53802
under this division.	53803

(E)(1) This section does not apply to the disposal of	53804
construction and demolition debris at a solid waste facility that	53805
is licensed under Chapter 3734. of the Revised Code if there is no	53806
construction and demolition debris facility licensed under this	53807
chapter within thirty-five miles of the solid waste facility as	53808
determined by a facility's property boundaries.	53809

(2) This section does not apply to the disposal of	53810
construction and demolition debris at a solid waste facility that	53811
is licensed under Chapter 3734. of the Revised Code if the owner	53812
or operator of the facility chooses to collect fees on the	53813
disposal of the construction and demolition debris and asbestos or	53814
asbestos-containing materials or products that are identical to	53815
the fees that are collected under Chapters 343. and 3734. of the	53816
Revised Code on the disposal of solid wastes at that facility.	53817

(3) This section does not apply to the disposal of source	53818
separated materials that are exclusively composed of reinforced or	53819
nonreinforced concrete, asphalt, clay tile, building or paving	53820
brick, or building or paving stone at a construction and	53821
demolition debris facility that is licensed under this chapter	53822
when either of the following applies:	53823

(a) The materials are placed within the limits of	53824
construction and demolition debris placement at the facility as	53825
specified in the license issued to the facility under section	53826
3714.06 of the Revised Code, are not placed within the unloading	53827
zone of the facility, and are used as a fire prevention measure in	53828
accordance with rules adopted by the director under section	53829
3714.02 of the Revised Code.	53830

(b) The materials are not placed within the unloading zone of	53831
the facility or within the limits of construction and demolition	53832
debris placement at the facility as specified in the license	53833
issued to the facility under section 3714.06 of the Revised Code,	53834
but are used as fill material, either alone or in conjunction with	53835
clean soil, sand, gravel, or other clean aggregates, in legitimate	53836
fill operations for construction purposes at the facility or to	53837
bring the facility up to a consistent grade.	53838

Sec. 3714.074. (A) A board of health may use money in the	53839
board's special fund created in section 3714.07 of the Revised	53840
Code for the purpose specified in division (B) of this section if	53841
both of the following apply:	53842

(1) It is the end of the fiscal year.

53843

(2) The board determines that it has more money in the fund	53844
than is necessary for the board to administer and enforce this	53845
chapter and rules adopted under it for the following fiscal year.	53846

(B) A board of health may use excess money as described in	53847
division (A) of this section to abate accumulations of	53848
construction and demolition debris at a location for which a	53849
license has not been issued pursuant to section 3714.05 of the	53850
Revised Code if all of the following apply to the property on	53851
which the accumulations are located:	53852

(1) The construction and demolition debris was placed on the	53853
property under either of the following circumstances:	53854

(a) After the owner of the property acquired title to it;

53855

(b) Before the owner of the property acquired title to it if	53856
the owner acquired title to the property by bequest or devise.	53857

(2) The owner of the property did not have knowledge that the	53858
construction and demolition debris was being placed on the	53859
property, or the owner posted on the property signs prohibiting	53860
dumping or took other action to prevent the placing of	53861
construction and demolition debris on the property.	53862

(3) The owner of the property did not participate in or	53863
consent to the placement of the construction and demolition debris	53864
on the property.	53865

(4) The owner of the property did not receive any financial	53866
benefit from the placement of the construction and demolition	53867
debris on the property or from having the construction and	53868
demolition debris on the property.	53869

(5) Title to the property was not transferred to the owner of	53870
that property for the purpose of avoiding liability for violations	53871
of this chapter or rules adopted under it.	53872

(6) The person responsible for the placement of the	53873
construction and demolition debris on the property, in placing the	53874
construction and demolition debris on the property, was not acting	53875
as an agent for the owner of the property.	53876

Sec. 3717.08. (A) The director of agriculture and director	53877
of health shall strive to increase consumer confidence in the	53878
state's food supply by promoting food safety awareness and	53879
education. The efforts of the director of agriculture and director	53880
of health shall be made, when appropriate and available, through	53881
partnerships with representatives of retail food establishments,	53882
representatives of food service operations, and representatives of	53883
the academic community, including ~~the Ohio state university~~OSU	53884
extension ~~service~~.	53885

(B) As part of their promotion of food safety awareness, the	53886
director of agriculture and the director of health shall do the	53887
following:	53888

(1) Develop training programs regarding the Ohio uniform food	53889
safety code. The directors may offer the training programs	53890
separately but shall coordinate the content of the programs to the	53891
greatest extent practicable. The training programs shall be made	53892
available to the employees of the department of agriculture,	53893
employees of the department of health, representatives of boards	53894
of health and the health officials employed by the boards,	53895
representatives of retail food establishments, and representatives	53896
of food service operations.	53897

(2) Co-sponsor a biennial statewide food safety conference.	53898
Additional statewide food safety conferences may be held as	53899
considered appropriate by the director of agriculture and director	53900
of health.	53901

Sec. 3718.06. (A) A board of health shall establish fees in	53902
accordance with section 3709.09 of the Revised Code for the	53903
purpose of carrying out its duties under this chapter and rules	53904
adopted under it, including fees for installation permits,	53905
operation permits, and alteration permits issued by the board. All	53906
fees so established and collected by the board shall be deposited	53907
in a special fund of the district to be used exclusively by the	53908
board in carrying out those duties.	53909

(B) In accordance with Chapter 119. of the Revised Code, the	53910
director of health may establish by rule a fee to be collected	53911
from applicants for installation permits and alteration permits	53912
issued under rules adopted under this chapter. The director of	53913
health shall use not more than ~~seventy-five~~ninety per cent of the	53914
proceeds from that fee for administering and enforcing this	53915
chapter and the rules adopted under it by the director. The	53916
director shall use not less than ~~twenty-five~~ten per cent of the	53917
proceeds from that fee to establish a program in cooperation with	53918
boards of health to fund installation and evaluation of sewage	53919
treatment system new technology pilot projects through grants or	53920
other agreements. In the selection of pilot projects, the director	53921
shall consult with the sewage treatment system technical advisory	53922
committee. A board of health shall collect and transmit the fee to	53923
the director pursuant to section 3709.092 of the Revised Code.	53924

Sec. 3719.61. Nothing in the laws dealing with drugs of	53925
abuse shall be construed to prohibit treatment of narcotic drug	53926
dependent persons by the continuing maintenance of their	53927
dependence through the administration of methadone in accordance	53928
with the rules adopted by the department of ~~alcohol and drug~~	53929
~~addiction services~~mental health and addiction services under	53930
section ~~3793.11~~5119.39 of the Revised Code, when all of the	53931
following apply:	53932

(A) The likelihood that any person undergoing maintenance	53933
treatment will be cured of dependence on narcotic drugs is remote,	53934
the treatment is prescribed for the purpose of alleviating or	53935
controlling the patient's drug dependence, and the patient's	53936
prognosis while undergoing treatment is at least a partial	53937
improvement in the patient's asocial or antisocial behavior	53938
patterns;	53939

(B) In the case of an inpatient in a hospital or clinic, the	53940
amount of the maintenance drug dispensed at any one time does not	53941
exceed the quantity necessary for a single dose, and the dose is	53942
administered to the patient immediately;	53943

(C) In the case of an outpatient, the amount of the	53944
maintenance drug dispensed at any one time shall be determined by	53945
the patient's treatment provider taking into account the patient's	53946
progress in the treatment program and the patient's needs for	53947
gainful employment, education, and responsible homemaking, except	53948
that in no event shall the dosage be greater than the amount	53949
permitted by federal law and rules adopted by the department	53950
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	53951

(D) The drug is not dispensed in any case to replace or	53952
supplement any part of a supply of the drug previously dispensed,	53953
or when there is reasonable cause to believe it will be used or	53954
disposed of unlawfully;	53955

(E) The drug is dispensed through a program licensed and	53956
operated in accordance with section ~~3793.11~~5119.39 of the Revised	53957
Code.	53958

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	53959
3721.99 of the Revised Code:	53960

(1)(a) "Home" means an institution, residence, or facility	53961
that provides, for a period of more than twenty-four hours,	53962
whether for a consideration or not, accommodations to three or	53963
more unrelated individuals who are dependent upon the services of	53964
others, including a nursing home, residential care facility, home	53965
for the aging, and a veterans' home operated under Chapter 5907.	53966
of the Revised Code.	53967

(b) "Home" also means both of the following:

53968

(i) Any facility that a person, as defined in section 3702.51	53969
of the Revised Code, proposes for certification as a skilled	53970
nursing facility or nursing facility under Title XVIII or XIX of	53971
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	53972
as amended, and for which a certificate of need, other than a	53973
certificate to recategorize hospital beds as described in section	53974
3702.521 of the Revised Code or division (R)(7)(d) of the version	53975
of section 3702.51 of the Revised Code in effect immediately prior	53976
to April 20, 1995, has been granted to the person under sections	53977
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	53978

(ii) A county home or district home that is or has been	53979
licensed as a residential care facility.	53980

53981

(i) Except as provided in division (A)(1)(b) of this section,	53982
a public hospital or hospital as defined in section 3701.01 or	53983
5122.01 of the Revised Code;	53984

(ii) A residential facility as defined in section ~~5119.22~~	53985
5119.34 of the Revised Code;	53986

(iii) A residential facility as defined in section 5123.19 of	53987
the Revised Code;	53988

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	53989
services provider as defined in section ~~3793.01~~5119.01 of the	53990
Revised Code;	53991

(v) A facility licensed to provide methadone treatment under	53992
section ~~3793.11~~5119.39 of the Revised Code;	53993

(vi) A facility providing services under contract with the	53994
department of developmental disabilities under section 5123.18 of	53995
the Revised Code;	53996

(vii) A facility operated by a hospice care program licensed	53997
under section 3712.04 of the Revised Code that is used exclusively	53998
for care of hospice patients;	53999

(viii) A facility operated by a pediatric respite care	54000
program licensed under section 3712.041 of the Revised Code that	54001
is used exclusively for care of pediatric respite care patients;	54002

(ix) A facility, infirmary, or other entity that is operated	54003
by a religious order, provides care exclusively to members of	54004
religious orders who take vows of celibacy and live by virtue of	54005
their vows within the orders as if related, and does not	54006
participate in the medicare program ~~established under Title XVIII~~	54007
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	54008
program ~~established under Chapter 5111. of the Revised Code and~~	54009
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	54010
facility, infirmary, or entity was providing care exclusively to	54011
members of the religious order;	54012

(x) A county home or district home that has never been	54013
licensed as a residential care facility.	54014

(2) "Unrelated individual" means one who is not related to	54015
the owner or operator of a home or to the spouse of the owner or	54016
operator as a parent, grandparent, child, grandchild, brother,	54017
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	54018
uncle.	54019

(3) "Mental impairment" does not mean mental illness as	54020
defined in section 5122.01 of the Revised Code or mental	54021
retardation as defined in section 5123.01 of the Revised Code.	54022

(4) "Skilled nursing care" means procedures that require	54023
technical skills and knowledge beyond those the untrained person	54024
possesses and that are commonly employed in providing for the	54025
physical, mental, and emotional needs of the ill or otherwise	54026
incapacitated. "Skilled nursing care" includes, but is not limited	54027
to, the following:	54028

(a) Irrigations, catheterizations, application of dressings,	54029
and supervision of special diets;	54030

(b) Objective observation of changes in the patient's	54031
condition as a means of analyzing and determining the nursing care	54032
required and the need for further medical diagnosis and treatment;	54033

54034

(d) Administration of medication by any method ordered by a	54035
physician, such as hypodermically, rectally, or orally, including	54036
observation of the patient after receipt of the medication;	54037

(e) Carrying out other treatments prescribed by the physician	54038
that involve a similar level of complexity and skill in	54039
administration.	54040

(5)(a) "Personal care services" means services including, but	54041
not limited to, the following:	54042

(i) Assisting residents with activities of daily living;

54043

(ii) Assisting residents with self-administration of	54044
medication, in accordance with rules adopted under section 3721.04	54045
of the Revised Code;	54046

(iii) Preparing special diets, other than complex therapeutic	54047
diets, for residents pursuant to the instructions of a physician	54048
or a licensed dietitian, in accordance with rules adopted under	54049
section 3721.04 of the Revised Code.	54050

(b) "Personal care services" does not include "skilled	54051
nursing care" as defined in division (A)(4) of this section. A	54052
facility need not provide more than one of the services listed in	54053
division (A)(5)(a) of this section to be considered to be	54054
providing personal care services.	54055

(6) "Nursing home" means a home used for the reception and	54056
care of individuals who by reason of illness or physical or mental	54057
impairment require skilled nursing care and of individuals who	54058
require personal care services but not skilled nursing care. A	54059
nursing home is licensed to provide personal care services and	54060
skilled nursing care.	54061

(7) "Residential care facility" means a home that provides	54062
either of the following:	54063

(a) Accommodations for seventeen or more unrelated	54064
individuals and supervision and personal care services for three	54065
or more of those individuals who are dependent on the services of	54066
others by reason of age or physical or mental impairment;	54067

(b) Accommodations for three or more unrelated individuals,	54068
supervision and personal care services for at least three of those	54069
individuals who are dependent on the services of others by reason	54070
of age or physical or mental impairment, and, to at least one of	54071
those individuals, any of the skilled nursing care authorized by	54072
section 3721.011 of the Revised Code.	54073

(8) "Home for the aging" means a home that provides services	54074
as a residential care facility and a nursing home, except that the	54075
home provides its services only to individuals who are dependent	54076
on the services of others by reason of both age and physical or	54077
mental impairment.	54078

The part or unit of a home for the aging that provides	54079
services only as a residential care facility is licensed as a	54080
residential care facility. The part or unit that may provide	54081
skilled nursing care beyond the extent authorized by section	54082
3721.011 of the Revised Code is licensed as a nursing home.	54083

(9) "County home" and "district home" mean a county home or	54084
district home operated under Chapter 5155. of the Revised Code.	54085

(B) The director of health may further classify homes. For	54086
the purposes of this chapter, any residence, institution, hotel,	54087
congregate housing project, or similar facility that meets the	54088
definition of a home under this section is such a home regardless	54089
of how the facility holds itself out to the public.	54090

(C) For purposes of this chapter, personal care services or	54091
skilled nursing care shall be considered to be provided by a	54092
facility if they are provided by a person employed by or	54093
associated with the facility or by another person pursuant to an	54094
agreement to which neither the resident who receives the services	54095
nor the resident's sponsor is a party.	54096

(D) Nothing in division (A)(4) of this section shall be	54097
construed to permit skilled nursing care to be imposed on an	54098
individual who does not require skilled nursing care.	54099

Nothing in division (A)(5) of this section shall be construed	54100
to permit personal care services to be imposed on an individual	54101
who is capable of performing the activity in question without	54102
assistance.	54103

(E) Division (A)(1)(c)(ix) of this section does not prohibit	54104
a facility, infirmary, or other entity described in that division	54105
from seeking licensure under sections 3721.01 to 3721.09 of the	54106
Revised Code or certification under Title XVIII or XIX of the	54107
"Social Security Act." However, such a facility, infirmary, or	54108
entity that applies for licensure or certification must meet the	54109
requirements of those sections or titles and the rules adopted	54110
under them and obtain a certificate of need from the director of	54111
health under section 3702.52 of the Revised Code.	54112

(F) Nothing in this chapter, or rules adopted pursuant to it,	54113
shall be construed as authorizing the supervision, regulation, or	54114
control of the spiritual care or treatment of residents or	54115
patients in any home who rely upon treatment by prayer or	54116
spiritual means in accordance with the creed or tenets of any	54117
recognized church or religious denomination.	54118

Sec. 3721.011. (A) In addition to providing accommodations,	54119
supervision, and personal care services to its residents, a	54120
residential care facility may do the following:	54121

(1) Provide the following skilled nursing care to its	54122
residents:	54123

(a) Supervision of special diets;

54124

(b) Application of dressings, in accordance with rules	54125
adopted under section 3721.04 of the Revised Code;	54126

(c) Subject to division (B)(1) of this section,	54127
administration of medication.	54128

(2) Subject to division (C) of this section, provide other	54129
skilled nursing care on a part-time, intermittent basis for not	54130
more than a total of one hundred twenty days in a twelve-month	54131
period;	54132

(3) Provide skilled nursing care for more than one hundred	54133
twenty days in a twelve-month period to a resident when the	54134
requirements of division (D) of this section are met.	54135

A residential care facility may not admit or retain an	54136
individual requiring skilled nursing care that is not authorized	54137
by this section. A residential care facility may not provide	54138
skilled nursing care beyond the limits established by this	54139
section.	54140

(B)(1) A residential care facility may admit or retain an	54141
individual requiring medication, including biologicals, only if	54142
the individual's personal physician has determined in writing that	54143
the individual is capable of self-administering the medication or	54144
the facility provides for the medication to be administered to the	54145
individual by a home health agency certified under Title XVIII of	54146
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	54147
amended; a hospice care program licensed under Chapter 3712. of	54148
the Revised Code; or a member of the staff of the residential care	54149
facility who is qualified to perform medication administration.	54150
Medication may be administered in a residential care facility only	54151
by the following persons authorized by law to administer	54152
medication:	54153

(a) A registered nurse licensed under Chapter 4723. of the	54154
Revised Code;	54155

(b) A licensed practical nurse licensed under Chapter 4723.	54156
of the Revised Code who holds proof of successful completion of a	54157
course in medication administration approved by the board of	54158
nursing and who administers the medication only at the direction	54159
of a registered nurse or a physician authorized under Chapter	54160
4731. of the Revised Code to practice medicine and surgery or	54161
osteopathic medicine and surgery;	54162

(c) A medication aide certified under Chapter 4723. of the	54163
Revised Code;	54164

(d) A physician authorized under Chapter 4731. of the Revised	54165
Code to practice medicine and surgery or osteopathic medicine and	54166
surgery.	54167

(2) In assisting a resident with self-administration of	54168
medication, any member of the staff of a residential care facility	54169
may do the following:	54170

(a) Remind a resident when to take medication and watch to	54171
ensure that the resident follows the directions on the container;	54172

(b) Assist a resident by taking the medication from the	54173
locked area where it is stored, in accordance with rules adopted	54174
pursuant to section 3721.04 of the Revised Code, and handing it to	54175
the resident. If the resident is physically unable to open the	54176
container, a staff member may open the container for the resident.	54177

(c) Assist a physically impaired but mentally alert resident,	54178
such as a resident with arthritis, cerebral palsy, or Parkinson's	54179
disease, in removing oral or topical medication from containers	54180
and in consuming or applying the medication, upon request by or	54181
with the consent of the resident. If a resident is physically	54182
unable to place a dose of medicine to the resident's mouth without	54183
spilling it, a staff member may place the dose in a container and	54184
place the container to the mouth of the resident.	54185

(C) Except as provided in division (D) of this section, a	54186
residential care facility may admit or retain individuals who	54187
require skilled nursing care beyond the supervision of special	54188
diets, application of dressings, or administration of medication,	54189
only if the care will be provided on a part-time, intermittent	54190
basis for not more than a total of one hundred twenty days in any	54191
twelve-month period. In accordance with Chapter 119. of the	54192
Revised Code, the director of health shall adopt rules specifying	54193
what constitutes the need for skilled nursing care on a part-time,	54194
intermittent basis. The director shall adopt rules that are	54195
consistent with rules pertaining to home health care adopted by	54196
the medicaid director ~~of job and family services~~ for the medicaid	54197
program ~~established under Chapter 5111. of the Revised Code~~.	54198
Skilled nursing care provided pursuant to this division may be	54199
provided by a home health agency certified ~~under Title XVIII of~~	54200
~~the "Social Security Act~~for participation in the medicare	54201
program," a hospice care program licensed under Chapter 3712. of	54202
the Revised Code, or a member of the staff of a residential care	54203
facility who is qualified to perform skilled nursing care.	54204

A residential care facility that provides skilled nursing	54205
care pursuant to this division shall do both of the following:	54206

(1) Evaluate each resident receiving the skilled nursing care	54207
at least once every seven days to determine whether the resident	54208
should be transferred to a nursing home;	54209

(2) Meet the skilled nursing care needs of each resident	54210
receiving the care.	54211

(D)(1) A residential care facility may admit or retain an	54212
individual who requires skilled nursing care for more than one	54213
hundred twenty days in any twelve-month period only if the	54214
facility has entered into a written agreement with each of the	54215
following:	54216

(a) The individual or individual's sponsor;

54217

(b) The individual's personal physician;

54218

(c) Unless the individual's personal physician oversees the	54219
skilled nursing care, the provider of the skilled nursing care;	54220

(d) If the individual is a hospice patient as defined in	54221
section 3712.01 of the Revised Code, a hospice care program	54222
licensed under Chapter 3712. of the Revised Code.	54223

(2) The agreement required by division (D)(1) of this section	54224
shall include all of the following provisions:	54225

(a) That the individual will be provided skilled nursing care	54226
in the facility only if a determination has been made that the	54227
individual's needs can be met at the facility;	54228

(b) That the individual will be retained in the facility only	54229
if periodic redeterminations are made that the individual's needs	54230
are being met at the facility;	54231

(c) That the redeterminations will be made according to a	54232
schedule specified in the agreement;	54233

(d) If the individual is a hospice patient, that the	54234
individual has been given an opportunity to choose the hospice	54235
care program that best meets the individual's needs;	54236

(e) Unless the individual is a hospice patient, that the	54237
individual's personal physician has determined that the skilled	54238
nursing care the individual needs is routine.	54239

(E) Notwithstanding any other provision of this chapter, a	54240
residential care facility in which residents receive skilled	54241
nursing care pursuant to this section is not a nursing home.	54242

Sec. 3721.02. (A) As used in this section, "residential	54243
facility" means a residential facility licensed under section	54244
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	54245
supervision, and personal care services for three to sixteen	54246
unrelated adults.	54247

(B) The director of health shall license homes and establish	54248
procedures to be followed in inspecting and licensing homes. The	54249
director may inspect a home at any time. Each home shall be	54250
inspected by the director at least once prior to the issuance of a	54251
license and at least once every fifteen months thereafter. The	54252
state fire marshal or a township, municipal, or other legally	54253
constituted fire department approved by the marshal shall also	54254
inspect a home prior to issuance of a license, at least once every	54255
fifteen months thereafter, and at any other time requested by the	54256
director. A home does not have to be inspected prior to issuance	54257
of a license by the director, state fire marshal, or a fire	54258
department if ownership of the home is assigned or transferred to	54259
a different person and the home was licensed under this chapter	54260
immediately prior to the assignment or transfer. The director may	54261
enter at any time, for the purposes of investigation, any	54262
institution, residence, facility, or other structure that has been	54263
reported to the director or that the director has reasonable cause	54264
to believe is operating as a nursing home, residential care	54265
facility, or home for the aging without a valid license required	54266
by section 3721.05 of the Revised Code or, in the case of a county	54267
home or district home, is operating despite the revocation of its	54268
residential care facility license. The director may delegate the	54269
director's authority and duties under this chapter to any	54270
division, bureau, agency, or official of the department of health.	54271

(C) A single facility may be licensed both as a nursing home	54272
pursuant to this chapter and as a residential facility pursuant to	54273
section ~~5119.22~~5119.34 of the Revised Code if the director	54274
determines that the part or unit to be licensed as a nursing home	54275
can be maintained separate and discrete from the part or unit to	54276
be licensed as a residential facility.	54277

(D) In determining the number of residents in a home for the	54278
purpose of licensing, the director shall consider all the	54279
individuals for whom the home provides accommodations as one group	54280
unless one of the following is the case:	54281

(1) The home is a home for the aging, in which case all the	54282
individuals in the part or unit licensed as a nursing home shall	54283
be considered as one group, and all the individuals in the part or	54284
unit licensed as a rest home shall be considered as another group.	54285

(2) The home is both a nursing home and a residential	54286
facility. In that case, all the individuals in the part or unit	54287
licensed as a nursing home shall be considered as one group, and	54288
all the individuals in the part or unit licensed as an adult care	54289
facility shall be considered as another group.	54290

(3) The home maintains, in addition to a nursing home or	54291
residential care facility, a separate and discrete part or unit	54292
that provides accommodations to individuals who do not require or	54293
receive skilled nursing care and do not receive personal care	54294
services from the home, in which case the individuals in the	54295
separate and discrete part or unit shall not be considered in	54296
determining the number of residents in the home if the separate	54297
and discrete part or unit is in compliance with the Ohio basic	54298
building code established by the board of building standards under	54299
Chapters 3781. and 3791. of the Revised Code and the home permits	54300
the director, on request, to inspect the separate and discrete	54301
part or unit and speak with the individuals residing there, if	54302
they consent, to determine whether the separate and discrete part	54303
or unit meets the requirements of this division.	54304

(E)(1) The director of health shall charge the following	54305
application fee and annual renewal licensing and inspection fee	54306
for each fifty persons or part thereof of a home's licensed	54307
capacity:	54308

(a) For state fiscal year 2010, two hundred twenty dollars;

54309

(b) For state fiscal year 2011, two hundred seventy dollars;

54310

(c) For each state fiscal year thereafter, three hundred	54311
twenty dollars.	54312

(2) All fees collected by the director for the issuance or	54313
renewal of licenses shall be deposited into the state treasury to	54314
the credit of the general operations fund created in section	54315
3701.83 of the Revised Code for use only in administering and	54316
enforcing this chapter and rules adopted under it.	54317

(F)(1) Except as otherwise provided in this section, the	54318
results of an inspection or investigation of a home that is	54319
conducted under this section, including any statement of	54320
deficiencies and all findings and deficiencies cited in the	54321
statement on the basis of the inspection or investigation, shall	54322
be used solely to determine the home's compliance with this	54323
chapter or another chapter of the Revised Code in any action or	54324
proceeding other than an action commenced under division (I) of	54325
section 3721.17 of the Revised Code. Those results of an	54326
inspection or investigation, that statement of deficiencies, and	54327
the findings and deficiencies cited in that statement shall not be	54328
used in any court or in any action or proceeding that is pending	54329
in any court and are not admissible in evidence in any action or	54330
proceeding unless that action or proceeding is an appeal of an	54331
action by the department of health under this chapter or is an	54332
action by any department or agency of the state to enforce this	54333
chapter or another chapter of the Revised Code.	54334

(2) Nothing in division (E)(1) of this section prohibits the	54335
results of an inspection or investigation conducted under this	54336
section from being used in a criminal investigation or	54337
prosecution.	54338

Sec. 3721.022. (A) As used in this section:

54339

(1) "Nursing facility" has the same meaning as in section	54340
~~5111.20~~5165.01 of the Revised Code.	54341

(2) "Deficiency" and "survey" have the same meanings as in	54342
section ~~5111.35~~5165.60 of the Revised Code.	54343

(3) "Title XIX" and "Title XVIII" have the same meanings as	54344
in section 5165.01 of the Revised Code.	54345

(B) The department of health is hereby designated the state	54346
agency responsible for establishing and maintaining health	54347
standards and serving as the state survey agency for the purposes	54348
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	54349
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	54350
shall carry out these functions in accordance with the	54351
regulations, guidelines, and procedures issued under ~~Titles~~Title	54352
XVIII and Title XIX by the United States secretary of health and	54353
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	54354
5165.89 of the Revised Code. The director of health shall enter	54355
into agreements with regard to these functions with the department	54356
of ~~job and family services~~medicaid and the United States	54357
department of health and human services. The director may also	54358
enter into agreements with the department of ~~job and family~~	54359
~~services~~medicaid under which the department of health is	54360
designated to perform functions under sections ~~5111.35~~5165.60 to	54361
~~5111.62~~5165.89 of the Revised Code.	54362

The director, in accordance with Chapter 119. of the Revised	54363
Code, shall adopt rules necessary to implement the survey and	54364
certification requirements for skilled nursing facilities and	54365
nursing facilities established by the United States secretary of	54366
health and human services under ~~Titles~~Title XVIII and Title XIX	54367
~~of the "Social Security Act,"~~ and the survey requirements	54368
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	54369
the Revised Code. The rules shall include an informal process by	54370
which a facility may obtain up to two reviews of any deficiencies	54371
that have been cited on a statement of deficiencies made by the	54372
department of health under 42 C.F.R. Part 488 and cause the	54373
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	54374
The first review shall be conducted by an employee of the	54375
department who did not participate in and was not otherwise	54376
involved in any way with the survey. A facility that is not	54377
satisfied with the results of a first review may receive a second	54378
review on payment of a fee to the department. The amount of the	54379
fee shall be specified in rules adopted under this section. The	54380
fee shall be deposited into the state treasury to the credit of	54381
the general operations fund created in section 3701.83 of the	54382
Revised Code for use in the implementation of this section. The	54383
second review shall be conducted by either of the following as	54384
selected by the facility: a hearing officer employed by the	54385
department or a hearing officer included on a list the department	54386
shall provide the facility. A final determination that any	54387
deficiency citation is unjustified shall be reflected clearly in	54388
all records relating to the survey.	54389

The director need not adopt as rules any of the regulations,	54390
guidelines, or procedures issued under ~~Titles~~Title XVIII and	54391
Title XIX ~~of the "Social Security Act"~~ by the United States	54392
secretary of health and human services.	54393

Sec. 3721.024. As used in this section, "nursing facility"	54394
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	54395
Code.	54396

The department of health may establish a program of	54397
recognition of nursing facilities that provide the highest quality	54398
care to residents who are medicaid recipients ~~of medical~~	54399
~~assistance under Chapter 5111. of the Revised Code~~. The program	54400
may be funded with public funds appropriated by the general	54401
assembly for the purpose of the program or any funds appropriated	54402
for nursing home licensure.	54403

Sec. 3721.027. (A) As used in this section, "survey" has the	54404
same meaning as in section 5165.60 of the Revised Code.	54405

(B) The department of health shall investigate within ten	54406
working days after referral, in accordance with procedures and	54407
criteria to be established by the department of health and the	54408
department of aging, any unresolved complaint that the office of	54409
the state long-term care ~~ombudsperson~~ombudsman has investigated	54410
and found to be valid and refers to the department of health. This	54411
requirement does not supersede federal requirements for survey	54412
agency complaint investigations.	54413

Sec. 3721.042. The director of health may not deny a nursing	54414
home license to a facility seeking a license under this chapter as	54415
a nursing home on the grounds that the facility does not satisfy a	54416
requirement established in rules adopted under section 3721.04 of	54417
the Revised Code regarding the toilet rooms and dining and	54418
recreational areas of nursing homes if all of the following	54419
requirements are met:	54420

(A) The facility seeks a license under this chapter because	54421
it is a county home or district home being sold under section	54422
5155.31 of the Revised Code to a person who may not operate the	54423
facility without a nursing home license under this chapter.	54424

(B) The requirement would not have applied to the facility	54425
had the facility been a nursing home first licensed under this	54426
chapter before October 20, 2001.	54427

(C) The facility was a nursing facility, as defined in	54428
section ~~5111.20~~5165.01 of the Revised Code, on the date	54429
immediately preceding the date the facility is sold to the person	54430
seeking the license.	54431

Sec. 3721.071. The buildings in which a home is housed shall	54432
be equipped with both an automatic fire extinguishing system and	54433
fire alarm system. Such systems shall conform to standards set	54434
forth in the regulations of the board of building standards and	54435
the state fire marshal.	54436

The time for compliance with the requirements imposed by this	54437
section shall be January 1, 1975, except that the date for	54438
compliance with the automatic fire extinguishing requirements is	54439
extended to January 1, 1976, provided the buildings of the home	54440
are otherwise in compliance with fire safety laws and regulations	54441
and:	54442

(A) The home within thirty days after August 4, 1975, files a	54443
written plan with the state fire marshal's office that:	54444

(1) Outlines the interim safety procedures which shall be	54445
carried out to reduce the possibility of a fire;	54446

(2) Provides evidence that the home has entered into an	54447
agreement for a fire safety inspection to be conducted not less	54448
than monthly by a qualified independent safety engineer consultant	54449
or a township, municipal, or other legally constituted fire	54450
department, or by a township or municipal fire prevention officer;	54451

(3) Provides verification that the home has entered into a	54452
valid contract for the installation of an automatic fire	54453
extinguishing system or fire alarm system, or both, as required to	54454
comply with this section;	54455

(4) Includes a statement regarding the expected date for the	54456
completion of the fire extinguishing system or fire alarm system,	54457
or both.	54458

(B) Inspections by a qualified independent safety engineer	54459
consultant or a township, municipal, or other legally constituted	54460
fire department, or by a township or municipal fire prevention	54461
officer are initiated no later than sixty days after August 4,	54462
1975, and are conducted no less than monthly thereafter, and	54463
reports of the consultant, fire department, or fire prevention	54464
officer identifying existing hazards and recommended corrective	54465
actions are submitted to the state fire marshal, the division of	54466
industrial compliance in the department of commerce, and the	54467
department of health.	54468

It is the express intent of the general assembly that the	54469
department of ~~job and family services~~medicaid shall terminate	54470
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	54471
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	54472
agreements of those homes ~~which~~that do not comply with the	54473
requirements of this section for the submission of a written fire	54474
safety plan and the deadline for entering into contracts for the	54475
installation of systems.	54476

Sec. 3721.072. (A) As used in this section:

54477

(1) "Advance care planning" means providing each nursing home	54478
resident, or the resident's sponsor if the resident is unable to	54479
participate, on admission to the nursing home and quarterly	54480
thereafter, with the opportunity to discuss the resident's care	54481
goals.	54482

(2) "Overhead paging" means sending audible announcements via	54483
an electronic sound amplification and distribution system	54484
throughout part or all of a nursing home to staff, residents,	54485
residents' families, or others.	54486

(3) "Quality improvement project" means a project listed by	54487
the department of aging under the nursing home quality initiative	54488
established under section 173.60 of the Revised Code.	54489

(B) Beginning July 1, 2013, each nursing home shall	54490
participate in at least one quality improvement project each year.	54491
Each nursing facility shall select the project in which it will	54492
participate from the list the department of aging makes available	54493
pursuant to section 173.60 of the Revised Code.	54494

(C) Beginning July 1, 2015, each nursing home shall	54495
participate in advance care planning with all residents or their	54496
sponsors.	54497

(D) Beginning July 1, 2015, each nursing home shall prohibit	54498
the use of overhead paging within the nursing home, except that	54499
the nursing home may permit the use of overhead paging for matters	54500
of urgent public safety or urgent clinical operations and in	54501
accordance with the preferences of the nursing home's residents.	54502
The nursing home shall develop a written policy regarding its use	54503
of overhead paging and make the policy available to staff,	54504
residents, and residents' families.	54505

Sec. 3721.08. (A) As used in this section, "real and present	54506
danger" means imminent danger of serious physical or	54507
life-threatening harm to one or more occupants of a home.	54508

(B) The director of health may petition the court of common	54509
pleas of the county in which the home is located for an order	54510
enjoining any person from operating a home without a license or	54511
enjoining a county home or district home that has had its license	54512
revoked from continuing to operate. The court shall have	54513
jurisdiction to grant such injunctive relief upon a showing that	54514
the respondent named in the petition is operating a home without a	54515
license or that the county home or district home named in the	54516
petition is operating despite the revocation of its license. The	54517
court shall have jurisdiction to grant such injunctive relief	54518
against the operation of a home without a valid license regardless	54519
of whether the home meets essential licensing requirements.	54520

(C) Unless the department of ~~job and family services~~medicaid	54521
or contracting agency has taken action under section ~~5111.51~~	54522
5165.77 of the Revised Code to appoint a temporary manager or seek	54523
injunctive relief, if, in the judgment of the director of health,	54524
real and present danger exists at any home, the director may	54525
petition the court of common pleas of the county in which the home	54526
is located for such injunctive relief as is necessary to close the	54527
home, transfer one or more occupants to other homes or other	54528
appropriate care settings, or otherwise eliminate the real and	54529
present danger. The court shall have the jurisdiction to grant	54530
such injunctive relief upon a showing that there is real and	54531
present danger.	54532

(D)(1) If the director determines that real and present	54533
danger exists at a home and elects not to immediately seek	54534
injunctive relief under division (C) of this section, the director	54535
may give written notice of proposed action to the home. The notice	54536
shall specify all of the following:	54537

(a) The nature of the conditions giving rise to the real and	54538
present danger;	54539

(b) The measures that the director determines the home must	54540
take to respond to the conditions;	54541

(c) The date on which the director intends to seek injunctive	54542
relief under division (C) of this section if the director	54543
determines that real and present danger exists at the home.	54544

(2) If the home notifies the director, within the time	54545
specified pursuant to division (D)(1)(c) of this section, that it	54546
believes the conditions giving rise to the real and present danger	54547
have been substantially corrected, the director shall conduct an	54548
inspection to determine whether real and present danger exists. If	54549
the director determines on the basis of the inspection that real	54550
and present danger exists, the director may petition under	54551
division (C) of this section for injunctive relief.	54552

(E)(1) If in the judgment of the director of health	54553
conditions exist at a home that will give rise to real and present	54554
danger if not corrected, the director shall give written notice of	54555
proposed action to the home. The notice shall specify all of the	54556
following:	54557

(a) The nature of the conditions giving rise to the	54558
director's judgment;	54559

(b) The measures that the director determines the home must	54560
take to respond to the conditions;	54561

(c) The date, which shall be no less than ten days after the	54562
notice is delivered, on which the director intends to seek	54563
injunctive relief under division (C) of this section if the	54564
conditions are not substantially corrected and the director	54565
determines that a real and present danger exists.	54566

(2) If the home notifies the director, within the period of	54567
time specified pursuant to division (E)(1)(c) of this section,	54568
that the conditions giving rise to the director's determination	54569
have been substantially corrected, the director shall conduct an	54570
inspection. If the director determines on the basis of the	54571
inspection that the conditions have not been corrected and a real	54572
and present danger exists, the director may petition under	54573
division (C) of this section for injunctive relief.	54574

(F)(1) A court that grants injunctive relief under division	54575
(C) of this section may also appoint a special master who, subject	54576
to division (F)(2) of this section, shall have such powers and	54577
authority over the home and length of appointment as the court	54578
considers necessary. Subject to division (F)(2) of this section,	54579
the salary of a special master and any costs incurred by a special	54580
master shall be the obligation of the home.	54581

(2) No special master shall enter into any employment	54582
contract on behalf of a home, or purchase with the home's funds	54583
any capital goods totaling more than ten thousand dollars, unless	54584
the special master has obtained approval for the contract or	54585
purchase from the home's operator or the court.	54586

(G) If the director takes action under division (C), (D), or	54587
(E) of this section, the director may also appoint employees of	54588
the department of health to conduct on-site monitoring of the	54589
home. Appointment of monitors is not subject to appeal under	54590
Chapter 119. or any other section of the Revised Code. No employee	54591
of a home for which monitors are appointed, no person employed by	54592
the home within the previous two years, and no person who	54593
currently has a consulting contract with the department or a home,	54594
shall be appointed under this division. Every monitor shall have	54595
the professional qualifications necessary to monitor correction of	54596
the conditions that give rise to or, in the director's judgment,	54597
will give rise to real and present danger. The number of monitors	54598
present at a home at any given time shall not exceed one for every	54599
fifty residents, or fraction thereof.	54600

(H) On finding that the real and present danger for which	54601
injunctive relief was granted under division (C) of this section	54602
has been eliminated and that the home's operator has demonstrated	54603
the capacity to prevent the real and present danger from	54604
recurring, the court shall terminate its jurisdiction over the	54605
home and return control and management of the home to the	54606
operator. If the real and present danger cannot be eliminated	54607
practicably within a reasonable time following appointment of a	54608
special master, the court may order the special master to close	54609
the home and transfer all residents to other homes or other	54610
appropriate care settings.	54611

(I) The director of health shall give notice of proposed	54612
action under divisions (D) and (E) of this section to both of the	54613
following:	54614

(1) The home's administrator;

54615

(2) If the home is operated by an organization described in	54616
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	54617
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	54618
amended, the board of trustees of the organization; or, if the	54619
home is not operated by such an organization, the owner of the	54620
home.	54621

Notices shall be delivered by certified mail or hand	54622
delivery. If notices are mailed, they shall be addressed to the	54623
persons specified in divisions (I)(1) and (2) of this section, as	54624
indicated in the department of health's records. If they are hand	54625
delivered, they shall be delivered to persons who would reasonably	54626
appear to the average prudent person to have authority to accept	54627
them.	54628

(J) If ownership of a home is assigned or transferred to a	54629
different person, the new owner is responsible and liable for	54630
compliance with any notice of proposed action or order issued	54631
under this section prior to the effective date of the assignment	54632
or transfer.	54633

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	54634
Revised Code:	54635

(A) "Home" means all of the following:

54636

(1) A home as defined in section 3721.01 of the Revised Code;

54637

(2) Any facility or part of a facility not defined as a home	54638
under section 3721.01 of the Revised Code that is ~~certified as~~ a	54639
skilled nursing facility ~~under Title XVIII of the "Social Security~~	54640
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	54641
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	54642
5165.01 of the Revised Code;	54643

(3) A county home or district home operated pursuant to	54644
Chapter 5155. of the Revised Code.	54645

(B) "Resident" means a resident or a patient of a home.

54646

54647

(1) With respect to a home as defined in section 3721.01 of	54648
the Revised Code, a nursing home administrator as defined in	54649
section 4751.01 of the Revised Code;	54650

(2) With respect to a facility or part of a facility not	54651
defined as a home in section 3721.01 of the Revised Code that is	54652
authorized to provide skilled nursing facility or nursing facility	54653
services, the administrator of the facility or part of a facility;	54654

(3) With respect to a county home or district home, the	54655
superintendent appointed under Chapter 5155. of the Revised Code.	54656

(D) "Sponsor" means an adult relative, friend, or guardian of	54657
a resident who has an interest or responsibility in the resident's	54658
welfare.	54659

(E) "Residents' rights advocate" means:

54660

(1) An employee or representative of any state or local	54661
government entity that has a responsibility regarding residents	54662
and that has registered with the department of health under	54663
division (B) of section 3701.07 of the Revised Code;	54664

(2) An employee or representative of any private nonprofit	54665
corporation or association that qualifies for tax-exempt status	54666
under section 501(a) of the "Internal Revenue Code of 1986," 100	54667
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	54668
with the department of health under division (B) of section	54669
3701.07 of the Revised Code and whose purposes include educating	54670
and counseling residents, assisting residents in resolving	54671
problems and complaints concerning their care and treatment, and	54672
assisting them in securing adequate services to meet their needs;	54673

(3) A member of the general assembly.

54674

(F) "Physical restraint" means, but is not limited to, any	54675
article, device, or garment that interferes with the free movement	54676
of the resident and that the resident is unable to remove easily,	54677
a geriatric chair, or a locked room door.	54678

(G) "Chemical restraint" means any medication bearing the	54679
American hospital formulary service therapeutic class ~~4.00~~4:00,	54680
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	54681
central nervous system in a manner that limits physical and	54682
cognitive functioning to the degree that the resident cannot	54683
attain the resident's highest practicable physical, mental, and	54684
psychosocial well-being.	54685

(H) "Ancillary service" means, but is not limited to,	54686
podiatry, dental, hearing, vision, physical therapy, occupational	54687
therapy, speech therapy, and psychological and social services.	54688

(I) "Facility" means a facility, or part of a facility,	54689
certified as a nursing facility or skilled nursing facility ~~under~~	54690
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	54691
defined in section 5165.01 of the Revised Code." "Facility" does	54692
not include an intermediate care facility for the mentally	54693
retarded, as defined in section ~~5111.20~~5124.01 of the Revised	54694
Code.	54695

~~(J) "Medicare" means the program established by Title XVIII~~	54696
~~of the "Social Security Act."~~	54697

~~(K) "Medicaid" means the program established by Title XIX of~~	54698
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	54699

Sec. 3721.12. (A) The administrator of a home shall:

54700

(1) With the advice of residents, their sponsors, or both,	54701
establish and review at least annually, written policies regarding	54702
the applicability and implementation of residents' rights under	54703
sections 3721.10 to 3721.17 of the Revised Code, the	54704
responsibilities of residents regarding the rights, and the home's	54705
grievance procedure established under division (A)(2) of this	54706
section. The administrator is responsible for the development of,	54707
and adherence to, procedures implementing the policies.	54708

(2) Establish a grievance committee for review of complaints	54709
by residents. The grievance committee shall be comprised of the	54710
home's staff and residents, sponsors, or outside representatives	54711
in a ratio of not more than one staff member to every two	54712
residents, sponsors, or outside representatives.	54713

(3) Furnish to each resident and sponsor prior to or at the	54714
time of admission, and to each member of the home's staff, at	54715
least one of each of the following:	54716

(a) A copy of the rights established under sections 3721.10	54717
to 3721.17 of the Revised Code;	54718

(b) A written explanation of the provisions of sections	54719
3721.16 to 3721.162 of the Revised Code;	54720

(c) A copy of the home's policies and procedures established	54721
under this section;	54722

(d) A copy of the home's rules;

54723

(e) A copy of the addresses and telephone numbers of the	54724
board of health of the health district of the county in which the	54725
home is located, the county department of job and family services	54726
of the county in which the home is located, the state departments	54727
of health and ~~job and family services~~medicaid, the state and	54728
local offices of the department of aging, and any Ohio nursing	54729
home ~~ombudsperson~~ombudsman program.	54730

(B) Written acknowledgment of the receipt of copies of the	54731
materials listed in this section shall be made part of the	54732
resident's record and the staff member's personnel record.	54733

(C) The administrator shall post all of the following	54734
prominently within the home:	54735

(1) A copy of the rights of residents as listed in division	54736
(A) of section 3721.13 of the Revised Code;	54737

(2) A copy of the home's rules and its policies and	54738
procedures regarding the rights and responsibilities of residents;	54739

(3) A notice that a copy of this chapter, rules of the	54740
department of health applicable to the home, and federal	54741
regulations adopted under the medicare and medicaid programs, and	54742
the materials required to be available in the home under section	54743
3721.021 of the Revised Code, are available for inspection in the	54744
home at reasonable hours;	54745

(4) A list of residents' rights advocates;

54746

(5) A notice that the following are available in a place	54747
readily accessible to residents:	54748

(a) If the home is licensed under section 3721.02 of the	54749
Revised Code, a copy of the most recent licensure inspection	54750
report prepared for the home under that section;	54751

(b) If the home is a facility, a copy of the most recent	54752
statement of deficiencies issued to the home under section ~~5111.42~~	54753
5165.68 of the Revised Code.	54754

(D) The administrator of a home may, with the advice of	54755
residents, their sponsors, or both, establish written policies	54756
regarding the applicability and administration of any additional	54757
residents' rights beyond those set forth in sections 3721.10 to	54758
3721.17 of the Revised Code, and the responsibilities of residents	54759
regarding the rights. Policies established under this division	54760
shall be reviewed, and procedures developed and adhered to as in	54761
division (A)(1) of this section.	54762

Sec. 3721.121. (A) As used in this section:

54763

(1) "Adult day-care program" means a program operated	54764
pursuant to rules adopted by the director of health under section	54765
3721.04 of the Revised Code and provided by and on the same site	54766
as homes licensed under this chapter.	54767

(2) "Applicant" means a person who is under final	54768
consideration for employment with a home or adult day-care program	54769
in a full-time, part-time, or temporary position that involves	54770
providing direct care to an older adult. "Applicant" does not	54771
include a person who provides direct care as a volunteer without	54772
receiving or expecting to receive any form of remuneration other	54773
than reimbursement for actual expenses.	54774

(3) "Community-based long-term care services provider" means	54775
a provider as defined in section 173.39 of the Revised Code.	54776

(4) "Criminal records check" has the same meaning as in	54777
section 109.572 of the Revised Code.	54778

~~(4)~~(5) "Home" means a home as defined in section 3721.10 of	54779
the Revised Code.	54780

~~(5)~~(6) "Older adult" means a person age sixty or older.

54781

(B)(1) Except as provided in division (I) of this section,	54782
the chief administrator of a home or adult day-care program shall	54783
request that the superintendent of the bureau of criminal	54784
identification and investigation conduct a criminal records check	54785
of each applicant. If an applicant for whom a criminal records	54786
check request is required under this division does not present	54787
proof of having been a resident of this state for the five-year	54788
period immediately prior to the date the criminal records check is	54789
requested or provide evidence that within that five-year period	54790
the superintendent has requested information about the applicant	54791
from the federal bureau of investigation in a criminal records	54792
check, the chief administrator shall request that the	54793
superintendent obtain information from the federal bureau of	54794
investigation as part of the criminal records check of the	54795
applicant. Even if an applicant for whom a criminal records check	54796
request is required under this division presents proof of having	54797
been a resident of this state for the five-year period, the chief	54798
administrator may request that the superintendent include	54799
information from the federal bureau of investigation in the	54800
criminal records check.	54801

(2) A person required by division (B)(1) of this section to	54802
request a criminal records check shall do both of the following:	54803

(a) Provide to each applicant for whom a criminal records	54804
check request is required under that division a copy of the form	54805
prescribed pursuant to division (C)(1) of section 109.572 of the	54806
Revised Code and a standard fingerprint impression sheet	54807
prescribed pursuant to division (C)(2) of that section, and obtain	54808
the completed form and impression sheet from the applicant;	54809

(b) Forward the completed form and impression sheet to the	54810
superintendent of the bureau of criminal identification and	54811
investigation.	54812

(3) An applicant provided the form and fingerprint impression	54813
sheet under division (B)(2)(a) of this section who fails to	54814
complete the form or provide fingerprint impressions shall not be	54815
employed in any position for which a criminal records check is	54816
required by this section.	54817

(C)(1) Except as provided in rules adopted by the director of	54818
health in accordance with division (F) of this section and subject	54819
to division (C)(2) of this section, no home or adult day-care	54820
program shall employ a person in a position that involves	54821
providing direct care to an older adult if the person has been	54822
convicted of or pleaded guilty to any of the following:	54823

(a) A violation of section 2903.01, 2903.02, 2903.03,	54824
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	54825
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	54826
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	54827
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	54828
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	54829
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	54830
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	54831
2925.22, 2925.23, or 3716.11 of the Revised Code.	54832

(b) A violation of an existing or former law of this state,	54833
any other state, or the United States that is substantially	54834
equivalent to any of the offenses listed in division (C)(1)(a) of	54835
this section.	54836

(2)(a) A home or an adult day-care program may employ	54837
conditionally an applicant for whom a criminal records check	54838
request is required under division (B) of this section prior to	54839
obtaining the results of a criminal records check regarding the	54840
individual, provided that the home or program shall request a	54841
criminal records check regarding the individual in accordance with	54842
division (B)(1) of this section not later than five business days	54843
after the individual begins conditional employment. In the	54844
circumstances described in division (I)(2) of this section, a home	54845
or adult day-care program may employ conditionally an applicant	54846
who has been referred to the home or adult day-care program by an	54847
employment service that supplies full-time, part-time, or	54848
temporary staff for positions involving the direct care of older	54849
adults and for whom, pursuant to that division, a criminal records	54850
check is not required under division (B) of this section.	54851

(b) A home or adult day-care program that employs an	54852
individual conditionally under authority of division (C)(2)(a) of	54853
this section shall terminate the individual's employment if the	54854
results of the criminal records check requested under division (B)	54855
of this section or described in division (I)(2) of this section,	54856
other than the results of any request for information from the	54857
federal bureau of investigation, are not obtained within the	54858
period ending thirty days after the date the request is made.	54859
Regardless of when the results of the criminal records check are	54860
obtained, if the results indicate that the individual has been	54861
convicted of or pleaded guilty to any of the offenses listed or	54862
described in division (C)(1) of this section, the home or program	54863
shall terminate the individual's employment unless the home or	54864
program chooses to employ the individual pursuant to division (F)	54865
of this section. Termination of employment under this division	54866
shall be considered just cause for discharge for purposes of	54867
division (D)(2) of section 4141.29 of the Revised Code if the	54868
individual makes any attempt to deceive the home or program about	54869
the individual's criminal record.	54870

(D)(1) Each home or adult day-care program shall pay to the	54871
bureau of criminal identification and investigation the fee	54872
prescribed pursuant to division (C)(3) of section 109.572 of the	54873
Revised Code for each criminal records check conducted pursuant to	54874
a request made under division (B) of this section.	54875

(2) A home or adult day-care program may charge an applicant	54876
a fee not exceeding the amount the home or program pays under	54877
division (D)(1) of this section. A home or program may collect a	54878
fee only if both of the following apply:	54879

(a) The home or program notifies the person at the time of	54880
initial application for employment of the amount of the fee and	54881
that, unless the fee is paid, the person will not be considered	54882
for employment;	54883

(b) The ~~medical assistance~~medicaid program ~~established under~~	54884
~~Chapter 5111. of the Revised Code~~ does not reimburse the home or	54885
program the fee it pays under division (D)(1) of this section.	54886

(E) The report of any criminal records check conducted	54887
pursuant to a request made under this section is not a public	54888
record for the purposes of section 149.43 of the Revised Code and	54889
shall not be made available to any person other than the	54890
following:	54891

(1) The individual who is the subject of the criminal records	54892
check or the individual's representative;	54893

(2) The chief administrator of the home or program requesting	54894
the criminal records check or the administrator's representative;	54895

(3) The administrator of any other facility, agency, or	54896
program that provides direct care to older adults that is owned or	54897
operated by the same entity that owns or operates the home or	54898
program;	54899

(4) A court, hearing officer, or other necessary individual	54900
involved in a case dealing with a denial of employment of the	54901
applicant or dealing with employment or unemployment benefits of	54902
the applicant;	54903

(5) Any person to whom the report is provided pursuant to,	54904
and in accordance with, division (I)(1) or (2) of this section;	54905

(6) The board of nursing for purposes of accepting and	54906
processing an application for a medication aide certificate issued	54907
under Chapter 4723. of the Revised Code;	54908

(7) The director of aging or the director's designee if the	54909
criminal records check is requested by the chief administrator of	54910
a home that is also a community-based long-term care services	54911
provider.	54912

(F) In accordance with section 3721.11 of the Revised Code,	54913
the director of health shall adopt rules to implement this	54914
section. The rules shall specify circumstances under which a home	54915
or adult day-care program may employ a person who has been	54916
convicted of or pleaded guilty to an offense listed or described	54917
in division (C)(1) of this section but meets personal character	54918
standards set by the director.	54919

(G) The chief administrator of a home or adult day-care	54920
program shall inform each individual, at the time of initial	54921
application for a position that involves providing direct care to	54922
an older adult, that the individual is required to provide a set	54923
of fingerprint impressions and that a criminal records check is	54924
required to be conducted if the individual comes under final	54925
consideration for employment.	54926

(H) In a tort or other civil action for damages that is	54927
brought as the result of an injury, death, or loss to person or	54928
property caused by an individual who a home or adult day-care	54929
program employs in a position that involves providing direct care	54930
to older adults, all of the following shall apply:	54931

(1) If the home or program employed the individual in good	54932
faith and reasonable reliance on the report of a criminal records	54933
check requested under this section, the home or program shall not	54934
be found negligent solely because of its reliance on the report,	54935
even if the information in the report is determined later to have	54936
been incomplete or inaccurate;	54937

(2) If the home or program employed the individual in good	54938
faith on a conditional basis pursuant to division (C)(2) of this	54939
section, the home or program shall not be found negligent solely	54940
because it employed the individual prior to receiving the report	54941
of a criminal records check requested under this section;	54942

(3) If the home or program in good faith employed the	54943
individual according to the personal character standards	54944
established in rules adopted under division (F) of this section,	54945
the home or program shall not be found negligent solely because	54946
the individual prior to being employed had been convicted of or	54947
pleaded guilty to an offense listed or described in division	54948
(C)(1) of this section.	54949

(I)(1) The chief administrator of a home or adult day-care	54950
program is not required to request that the superintendent of the	54951
bureau of criminal identification and investigation conduct a	54952
criminal records check of an applicant if the applicant has been	54953
referred to the home or program by an employment service that	54954
supplies full-time, part-time, or temporary staff for positions	54955
involving the direct care of older adults and both of the	54956
following apply:	54957

(a) The chief administrator receives from the employment	54958
service or the applicant a report of the results of a criminal	54959
records check regarding the applicant that has been conducted by	54960
the superintendent within the one-year period immediately	54961
preceding the applicant's referral;	54962

(b) The report of the criminal records check demonstrates	54963
that the person has not been convicted of or pleaded guilty to an	54964
offense listed or described in division (C)(1) of this section, or	54965
the report demonstrates that the person has been convicted of or	54966
pleaded guilty to one or more of those offenses, but the home or	54967
adult day-care program chooses to employ the individual pursuant	54968
to division (F) of this section.	54969

(2) The chief administrator of a home or adult day-care	54970
program is not required to request that the superintendent of the	54971
bureau of criminal identification and investigation conduct a	54972
criminal records check of an applicant and may employ the	54973
applicant conditionally as described in this division, if the	54974
applicant has been referred to the home or program by an	54975
employment service that supplies full-time, part-time, or	54976
temporary staff for positions involving the direct care of older	54977
adults and if the chief administrator receives from the employment	54978
service or the applicant a letter from the employment service that	54979
is on the letterhead of the employment service, dated, and signed	54980
by a supervisor or another designated official of the employment	54981
service and that states that the employment service has requested	54982
the superintendent to conduct a criminal records check regarding	54983
the applicant, that the requested criminal records check will	54984
include a determination of whether the applicant has been	54985
convicted of or pleaded guilty to any offense listed or described	54986
in division (C)(1) of this section, that, as of the date set forth	54987
on the letter, the employment service had not received the results	54988
of the criminal records check, and that, when the employment	54989
service receives the results of the criminal records check, it	54990
promptly will send a copy of the results to the home or adult	54991
day-care program. If a home or adult day-care program employs an	54992
applicant conditionally in accordance with this division, the	54993
employment service, upon its receipt of the results of the	54994
criminal records check, promptly shall send a copy of the results	54995
to the home or adult day-care program, and division (C)(2)(b) of	54996
this section applies regarding the conditional employment.	54997

Sec. 3721.13. (A) The rights of residents of a home shall	54998
include, but are not limited to, the following:	54999

(1) The right to a safe and clean living environment pursuant	55000
to the medicare and medicaid programs and applicable state laws	55001
and rules adopted by the director of health;	55002

(2) The right to be free from physical, verbal, mental, and	55003
emotional abuse and to be treated at all times with courtesy,	55004
respect, and full recognition of dignity and individuality;	55005

(3) Upon admission and thereafter, the right to adequate and	55006
appropriate medical treatment and nursing care and to other	55007
ancillary services that comprise necessary and appropriate care	55008
consistent with the program for which the resident contracted.	55009
This care shall be provided without regard to considerations such	55010
as race, color, religion, national origin, age, or source of	55011
payment for care.	55012

(4) The right to have all reasonable requests and inquiries	55013
responded to promptly;	55014

(5) The right to have clothes and bed sheets changed as the	55015
need arises, to ensure the resident's comfort or sanitation;	55016

(6) The right to obtain from the home, upon request, the name	55017
and any specialty of any physician or other person responsible for	55018
the resident's care or for the coordination of care;	55019

(7) The right, upon request, to be assigned, within the	55020
capacity of the home to make the assignment, to the staff	55021
physician of the resident's choice, and the right, in accordance	55022
with the rules and written policies and procedures of the home, to	55023
select as the attending physician a physician who is not on the	55024
staff of the home. If the cost of a physician's services is to be	55025
met under a federally supported program, the physician shall meet	55026
the federal laws and regulations governing such services.	55027

(8) The right to participate in decisions that affect the	55028
resident's life, including the right to communicate with the	55029
physician and employees of the home in planning the resident's	55030
treatment or care and to obtain from the attending physician	55031
complete and current information concerning medical condition,	55032
prognosis, and treatment plan, in terms the resident can	55033
reasonably be expected to understand; the right of access to all	55034
information in the resident's medical record; and the right to	55035
give or withhold informed consent for treatment after the	55036
consequences of that choice have been carefully explained. When	55037
the attending physician finds that it is not medically advisable	55038
to give the information to the resident, the information shall be	55039
made available to the resident's sponsor on the resident's behalf,	55040
if the sponsor has a legal interest or is authorized by the	55041
resident to receive the information. The home is not liable for a	55042
violation of this division if the violation is found to be the	55043
result of an act or omission on the part of a physician selected	55044
by the resident who is not otherwise affiliated with the home.	55045

(9) The right to withhold payment for physician visitation if	55046
the physician did not visit the resident;	55047

(10) The right to confidential treatment of personal and	55048
medical records, and the right to approve or refuse the release of	55049
these records to any individual outside the home, except in case	55050
of transfer to another home, hospital, or health care system, as	55051
required by law or rule, or as required by a third-party payment	55052
contract;	55053

(11) The right to privacy during medical examination or	55054
treatment and in the care of personal or bodily needs;	55055

(12) The right to refuse, without jeopardizing access to	55056
appropriate medical care, to serve as a medical research subject;	55057

(13) The right to be free from physical or chemical	55058
restraints or prolonged isolation except to the minimum extent	55059
necessary to protect the resident from injury to self, others, or	55060
to property and except as authorized in writing by the attending	55061
physician for a specified and limited period of time and	55062
documented in the resident's medical record. Prior to authorizing	55063
the use of a physical or chemical restraint on any resident, the	55064
attending physician shall make a personal examination of the	55065
resident and an individualized determination of the need to use	55066
the restraint on that resident.	55067

Physical or chemical restraints or isolation may be used in	55068
an emergency situation without authorization of the attending	55069
physician only to protect the resident from injury to self or	55070
others. Use of the physical or chemical restraints or isolation	55071
shall not be continued for more than twelve hours after the onset	55072
of the emergency without personal examination and authorization by	55073
the attending physician. The attending physician or a staff	55074
physician may authorize continued use of physical or chemical	55075
restraints for a period not to exceed thirty days, and at the end	55076
of this period and any subsequent period may extend the	55077
authorization for an additional period of not more than thirty	55078
days. The use of physical or chemical restraints shall not be	55079
continued without a personal examination of the resident and the	55080
written authorization of the attending physician stating the	55081
reasons for continuing the restraint.	55082

If physical or chemical restraints are used under this	55083
division, the home shall ensure that the restrained resident	55084
receives a proper diet. In no event shall physical or chemical	55085
restraints or isolation be used for punishment, incentive, or	55086
convenience.	55087

(14) The right to the pharmacist of the resident's choice and	55088
the right to receive pharmaceutical supplies and services at	55089
reasonable prices not exceeding applicable and normally accepted	55090
prices for comparably packaged pharmaceutical supplies and	55091
services within the community;	55092

(15) The right to exercise all civil rights, unless the	55093
resident has been adjudicated incompetent pursuant to Chapter	55094
2111. of the Revised Code and has not been restored to legal	55095
capacity, as well as the right to the cooperation of the home's	55096
administrator in making arrangements for the exercise of the right	55097
to vote;	55098

(16) The right of access to opportunities that enable the	55099
resident, at the resident's own expense or at the expense of a	55100
third-party payer, to achieve the resident's fullest potential,	55101
including educational, vocational, social, recreational, and	55102
habilitation programs;	55103

(17) The right to consume a reasonable amount of alcoholic	55104
beverages at the resident's own expense, unless not medically	55105
advisable as documented in the resident's medical record by the	55106
attending physician or unless contradictory to written admission	55107
policies;	55108

(18) The right to use tobacco at the resident's own expense	55109
under the home's safety rules and under applicable laws and rules	55110
of the state, unless not medically advisable as documented in the	55111
resident's medical record by the attending physician or unless	55112
contradictory to written admission policies;	55113

(19) The right to retire and rise in accordance with the	55114
resident's reasonable requests, if the resident does not disturb	55115
others or the posted meal schedules and upon the home's request	55116
remains in a supervised area, unless not medically advisable as	55117
documented by the attending physician;	55118

(20) The right to observe religious obligations and	55119
participate in religious activities; the right to maintain	55120
individual and cultural identity; and the right to meet with and	55121
participate in activities of social and community groups at the	55122
resident's or the group's initiative;	55123

(21) The right upon reasonable request to private and	55124
unrestricted communications with the resident's family, social	55125
worker, and any other person, unless not medically advisable as	55126
documented in the resident's medical record by the attending	55127
physician, except that communications with public officials or	55128
with the resident's attorney or physician shall not be restricted.	55129
Private and unrestricted communications shall include, but are not	55130
limited to, the right to:	55131

(a) Receive, send, and mail sealed, unopened correspondence;

55132

(b) Reasonable access to a telephone for private	55133
communications;	55134

55135

(22) The right to assured privacy for visits by the spouse,	55136
or if both are residents of the same home, the right to share a	55137
room within the capacity of the home, unless not medically	55138
advisable as documented in the resident's medical record by the	55139
attending physician;	55140

(23) The right upon reasonable request to have room doors	55141
closed and to have them not opened without knocking, except in the	55142
case of an emergency or unless not medically advisable as	55143
documented in the resident's medical record by the attending	55144
physician;	55145

(24) The right to retain and use personal clothing and a	55146
reasonable amount of possessions, in a reasonably secure manner,	55147
unless to do so would infringe on the rights of other residents or	55148
would not be medically advisable as documented in the resident's	55149
medical record by the attending physician;	55150

(25) The right to be fully informed, prior to or at the time	55151
of admission and during the resident's stay, in writing, of the	55152
basic rate charged by the home, of services available in the home,	55153
and of any additional charges related to such services, including	55154
charges for services not covered under the medicare or medicaid	55155
program. The basic rate shall not be changed unless thirty days'	55156
notice is given to the resident or, if the resident is unable to	55157
understand this information, to the resident's sponsor.	55158

(26) The right of the resident and person paying for the care	55159
to examine and receive a bill at least monthly for the resident's	55160
care from the home that itemizes charges not included in the basic	55161
rates;	55162

(27)(a) The right to be free from financial exploitation;

55163

(b) The right to manage the resident's own personal financial	55164
affairs, or, if the resident has delegated this responsibility in	55165
writing to the home, to receive upon written request at least a	55166
quarterly accounting statement of financial transactions made on	55167
the resident's behalf. The statement shall include:	55168

(i) A complete record of all funds, personal property, or	55169
possessions of a resident from any source whatsoever, that have	55170
been deposited for safekeeping with the home for use by the	55171
resident or the resident's sponsor;	55172

(ii) A listing of all deposits and withdrawals transacted,	55173
which shall be substantiated by receipts which shall be available	55174
for inspection and copying by the resident or sponsor.	55175

(28) The right of the resident to be allowed unrestricted	55176
access to the resident's property on deposit at reasonable hours,	55177
unless requests for access to property on deposit are so	55178
persistent, continuous, and unreasonable that they constitute a	55179
nuisance;	55180

(29) The right to receive reasonable notice before the	55181
resident's room or roommate is changed, including an explanation	55182
of the reason for either change.	55183

(30) The right not to be transferred or discharged from the	55184
home unless the transfer is necessary because of one of the	55185
following:	55186

(a) The welfare and needs of the resident cannot be met in	55187
the home.	55188

(b) The resident's health has improved sufficiently so that	55189
the resident no longer needs the services provided by the home.	55190

55191

(d) The health of individuals in the home would otherwise be	55192
endangered.	55193

(e) The resident has failed, after reasonable and appropriate	55194
notice, to pay or to have the medicare or medicaid program pay on	55195
the resident's behalf, for the care provided by the home. A	55196
resident shall not be considered to have failed to have the	55197
resident's care paid for if the resident has applied for medicaid,	55198
unless both of the following are the case:	55199

(i) The resident's application, or a substantially similar	55200
previous application, has been denied ~~by the county department of~~	55201
~~job and family services~~.	55202

(ii) If the resident appealed the denial ~~pursuant to division~~	55203
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	55204
~~and family services has upheld~~ the denial was upheld.	55205

(f) The home's license has been revoked, the home is being	55206
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	55207
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	55208
home otherwise ceases to operate.	55209

(g) The resident is a recipient of medicaid, and the home's	55210
participation in the medicaid program is involuntarily terminated	55211
or denied.	55212

(h) The resident is a beneficiary under the medicare program,	55213
and the home's participation in the medicare program is	55214
involuntarily terminated or denied.	55215

(31) The right to voice grievances and recommend changes in	55216
policies and services to the home's staff, to employees of the	55217
department of health, or to other persons not associated with the	55218
operation of the home, of the resident's choice, free from	55219
restraint, interference, coercion, discrimination, or reprisal.	55220
This right includes access to a residents' rights advocate, and	55221
the right to be a member of, to be active in, and to associate	55222
with persons who are active in organizations of relatives and	55223
friends of nursing home residents and other organizations engaged	55224
in assisting residents.	55225

(32) The right to have any significant change in the	55226
resident's health status reported to the resident's sponsor. As	55227
soon as such a change is known to the home's staff, the home shall	55228
make a reasonable effort to notify the sponsor within twelve	55229
hours.	55230

(B) A sponsor may act on a resident's behalf to assure that	55231
the home does not deny the residents' rights under sections	55232
3721.10 to 3721.17 of the Revised Code.	55233

(C) Any attempted waiver of the rights listed in division (A)	55234
of this section is void.	55235

Sec. 3721.14. To assist in the implementation of the rights	55236
granted in division (A) of section 3721.13 of the Revised Code,	55237
each home shall provide:	55238

(A) Appropriate staff training to implement each resident's	55239
rights under division (A) of section 3721.13 of the Revised Code,	55240
including, but not limited to, explaining:	55241

(1) The resident's rights and the staff's responsibility in	55242
the implementation of the rights;	55243

(2) The staff's obligation to provide all residents who have	55244
similar needs with comparable service.	55245

(B) Arrangements for a resident's needed ancillary services;

55246

(C) Protected areas outside the home for residents to enjoy	55247
outdoor activity, within the capacity of the facility, consistent	55248
with applicable laws and rules;	55249

(D) Adequate indoor space, which need not be dedicated to	55250
that purpose, for families of residents to meet privately with	55251
families of other residents;	55252

(E) Access to the following persons to enter the home during	55253
reasonable hours, except where such access would interfere with	55254
resident care or the privacy of residents:	55255

(1) Employees of the department of health, department of	55256
~~mental health~~mental health and addiction services, department of	55257
developmental disabilities, department of aging, department of job	55258
and family services, and county departments of job and family	55259
services;	55260

(2) Prospective residents and their sponsors;

55261

(3) A resident's sponsors;

55262

(4) Residents' rights advocates;

55263

(5) A resident's attorney;

55264

(6) A minister, priest, rabbi, or other person ministering to	55265
a resident's religious needs.	55266

(F) In writing, a description of the home's grievance	55267
procedures.	55268

Sec. 3721.15. (A) Authorization from a resident or a sponsor	55269
with a power of attorney for a home to manage the resident's	55270
financial affairs shall be in writing and shall be attested to by	55271
a witness who is not connected in any manner whatsoever with the	55272
home or its administrator. The home shall maintain accounts	55273
pursuant to division (A)(27) of section 3721.13 of the Revised	55274
Code. Upon the resident's transfer, discharge, or death, the	55275
account shall be closed and a final accounting made. All remaining	55276
funds shall be returned to the resident or resident's sponsor,	55277
except in the case of death, when all remaining funds shall be	55278
transferred or used in accordance with section ~~5111.113~~5162.22 of	55279
the Revised Code.	55280

(B) A home that manages a resident's financial affairs shall	55281
deposit the resident's funds in excess of one hundred dollars, and	55282
may deposit the resident's funds that are one hundred dollars or	55283
less, in an interest-bearing account separate from any of the	55284
home's operating accounts. Interest earned on the resident's funds	55285
shall be credited to the resident's account. A resident's funds	55286
that are one hundred dollars or less and have not been deposited	55287
in an interest-bearing account may be deposited in a	55288
noninterest-bearing account or petty cash fund.	55289

(C) Each resident whose financial affairs are managed by a	55290
home shall be promptly notified by the home when the total of the	55291
amount of funds in the resident's accounts and the petty cash fund	55292
plus other nonexempt resources reaches two hundred dollars less	55293
than the maximum amount permitted a recipient of medicaid. The	55294
notice shall include an explanation of the potential effect on the	55295
resident's eligibility for medicaid if the amount in the	55296
resident's accounts and the petty cash fund, plus the value of	55297
other nonexempt resources, exceeds the maximum assets a medicaid	55298
recipient may retain.	55299

(D) Each home that manages the financial affairs of residents	55300
shall purchase a surety bond or otherwise provide assurance	55301
satisfactory to the director of health, or, in the case of a home	55302
that participates in the medicaid program, to the medicaid	55303
director ~~of job and family services~~, to assure the security of all	55304
residents' funds managed by the home.	55305

Sec. 3721.16. For each resident of a home, notice of a	55306
proposed transfer or discharge shall be in accordance with this	55307
section.	55308

(A)(1) The administrator of a home shall notify a resident in	55309
writing, and the resident's sponsor in writing by certified mail,	55310
return receipt requested, in advance of any proposed transfer or	55311
discharge from the home. The administrator shall send a copy of	55312
the notice to the state department of health. The notice shall be	55313
provided at least thirty days in advance of the proposed transfer	55314
or discharge, unless any of the following applies:	55315

(a) The resident's health has improved sufficiently to allow	55316
a more immediate discharge or transfer to a less skilled level of	55317
care;	55318

(b) The resident has resided in the home less than thirty	55319
days;	55320

(c) An emergency arises in which the safety of individuals in	55321
the home is endangered;	55322

(d) An emergency arises in which the health of individuals in	55323
the home would otherwise be endangered;	55324

(e) An emergency arises in which the resident's urgent	55325
medical needs necessitate a more immediate transfer or discharge.	55326

In any of the circumstances described in divisions (A)(1)(a)	55327
to (e) of this section, the notice shall be provided as many days	55328
in advance of the proposed transfer or discharge as is	55329
practicable.	55330

(2) The notice required under division (A)(1) of this section	55331
shall include all of the following:	55332

(a) The reasons for the proposed transfer or discharge;

55333

(b) The proposed date the resident is to be transferred or	55334
discharged;	55335

(c) Subject to division (A)(3) of this section, a proposed	55336
location to which the resident may relocate and a notice that the	55337
resident and resident's sponsor may choose another location to	55338
which the resident will relocate;	55339

(d) Notice of the right of the resident and the resident's	55340
sponsor to an impartial hearing at the home on the proposed	55341
transfer or discharge, and of the manner in which and the time	55342
within which the resident or sponsor may request a hearing	55343
pursuant to section 3721.161 of the Revised Code;	55344

(e) A statement that the resident will not be transferred or	55345
discharged before the date specified in the notice unless the home	55346
and the resident or, if the resident is not competent to make a	55347
decision, the home and the resident's sponsor, agree to an earlier	55348
date;	55349

(f) The address of the legal services office of the	55350
department of health;	55351

(g) The name, address, and telephone number of a	55352
representative of the state long-term care ~~ombudsperson~~ombudsman	55353
program and, if the resident or patient has a developmental	55354
disability or mental illness, the name, address, and telephone	55355
number of the Ohio protection and advocacy system.	55356

(3) The proposed location to which a resident may relocate as	55357
specified pursuant to division (A)(2)(c) of this section in the	55358
proposed transfer or discharge notice shall be capable of meeting	55359
the resident's health-care and safety needs. The proposed location	55360
for relocation need not have accepted the resident at the time the	55361
notice is issued to the resident and resident's sponsor.	55362

(B) No home shall transfer or discharge a resident before the	55363
date specified in the notice required by division (A) of this	55364
section unless the home and the resident or, if the resident is	55365
not competent to make a decision, the home and the resident's	55366
sponsor, agree to an earlier date.	55367

(C) Transfer or discharge actions shall be documented in the	55368
resident's medical record by the home if there is a medical basis	55369
for the action.	55370

(D) A resident or resident's sponsor may challenge a transfer	55371
or discharge by requesting an impartial hearing pursuant to	55372
section 3721.161 of the Revised Code, unless the transfer or	55373
discharge is required because of one of the following reasons:	55374

(1) The home's license has been revoked under this chapter;

55375

(2) The home is being closed pursuant to section 3721.08,	55376
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	55377
the Revised Code;	55378

(3) The resident is a recipient of medicaid and the home's	55379
participation in the medicaid program has been involuntarily	55380
terminated or denied by the federal government;	55381

(4) The resident is a beneficiary under the medicare program	55382
and the home's certification under the medicare program has been	55383
involuntarily terminated or denied by the federal government.	55384

(E) If a resident is transferred or discharged pursuant to	55385
this section, the home from which the resident is being	55386
transferred or discharged shall provide the resident with adequate	55387
preparation prior to the transfer or discharge to ensure a safe	55388
and orderly transfer or discharge from the home, and the home or	55389
alternative setting to which the resident is to be transferred or	55390
discharged shall have accepted the resident for transfer or	55391
discharge.	55392

(F) At the time of a transfer or discharge of a resident who	55393
is a recipient of medicaid from a home to a hospital or for	55394
therapeutic leave, the home shall provide notice in writing to the	55395
resident and in writing by certified mail, return receipt	55396
requested, to the resident's sponsor, specifying the number of	55397
days, if any, during which the resident will be permitted under	55398
the medicaid program to return and resume residence in the home	55399
and specifying the medicaid program's coverage of the days during	55400
which the resident is absent from the home. An individual who is	55401
absent from a home for more than the number of days specified in	55402
the notice and continues to require the services provided by the	55403
facility shall be given priority for the first available bed in a	55404
semi-private room.	55405

Sec. 3721.17. (A) Any resident who believes that the	55406
resident's rights under sections 3721.10 to 3721.17 of the Revised	55407
Code have been violated may file a grievance under procedures	55408
adopted pursuant to division (A)(2) of section 3721.12 of the	55409
Revised Code.	55410

When the grievance committee determines a violation of	55411
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	55412
shall notify the administrator of the home. If the violation	55413
cannot be corrected within ten days, or if ten days have elapsed	55414
without correction of the violation, the grievance committee shall	55415
refer the matter to the department of health.	55416

(B) Any person who believes that a resident's rights under	55417
sections 3721.10 to 3721.17 of the Revised Code have been violated	55418
may report or cause reports to be made of the information directly	55419
to the department of health. No person who files a report is	55420
liable for civil damages resulting from the report.	55421

(C)(1) Within thirty days of receiving a complaint under this	55422
section, the department of health shall investigate any complaint	55423
referred to it by a home's grievance committee and any complaint	55424
from any source that alleges that the home provided substantially	55425
less than adequate care or treatment, or substantially unsafe	55426
conditions, or, within seven days of receiving a complaint, refer	55427
it to the attorney general, if the attorney general agrees to	55428
investigate within thirty days.	55429

(2) Within thirty days of receiving a complaint under this	55430
section, the department of health may investigate any alleged	55431
violation of sections 3721.10 to 3721.17 of the Revised Code, or	55432
of rules, policies, or procedures adopted pursuant to those	55433
sections, not covered by division (C)(1) of this section, or it	55434
may, within seven days of receiving a complaint, refer the	55435
complaint to the grievance committee at the home where the alleged	55436
violation occurred, or to the attorney general if the attorney	55437
general agrees to investigate within thirty days.	55438

(D) If, after an investigation, the department of health	55439
finds probable cause to believe that a violation of sections	55440
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	55441
procedures adopted pursuant to those sections, has occurred at a	55442
home that is certified under the medicare or medicaid program, it	55443
shall cite one or more findings or deficiencies under sections	55444
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	55445
home is not so certified, the department shall hold an	55446
adjudicative hearing within thirty days under Chapter 119. of the	55447
Revised Code.	55448

(E) Upon a finding at an adjudicative hearing under division	55449
(D) of this section that a violation of sections 3721.10 to	55450
3721.17 of the Revised Code, or of rules, policies, or procedures	55451
adopted pursuant thereto, has occurred, the department of health	55452
shall make an order for compliance, set a reasonable time for	55453
compliance, and assess a fine pursuant to division (F) of this	55454
section. The fine shall be paid to the general revenue fund only	55455
if compliance with the order is not shown to have been made within	55456
the reasonable time set in the order. The department of health may	55457
issue an order prohibiting the continuation of any violation of	55458
sections 3721.10 to 3721.17 of the Revised Code.	55459

Findings at the hearings conducted under this section may be	55460
appealed pursuant to Chapter 119. of the Revised Code, except that	55461
an appeal may be made to the court of common pleas of the county	55462
in which the home is located.	55463

The department of health shall initiate proceedings in court	55464
to collect any fine assessed under this section that is unpaid	55465
thirty days after the violator's final appeal is exhausted.	55466

(F) Any home found, pursuant to an adjudication hearing under	55467
division (D) of this section, to have violated sections 3721.10 to	55468
3721.17 of the Revised Code, or rules, policies, or procedures	55469
adopted pursuant to those sections may be fined not less than one	55470
hundred nor more than five hundred dollars for a first offense.	55471
For each subsequent offense, the home may be fined not less than	55472
two hundred nor more than one thousand dollars.	55473

A violation of sections 3721.10 to 3721.17 of the Revised	55474
Code is a separate offense for each day of the violation and for	55475
each resident who claims the violation.	55476

(G) No home or employee of a home shall retaliate against any	55477
person who:	55478

(1) Exercises any right set forth in sections 3721.10 to	55479
3721.17 of the Revised Code, including, but not limited to, filing	55480
a complaint with the home's grievance committee or reporting an	55481
alleged violation to the department of health;	55482

(2) Appears as a witness in any hearing conducted under this	55483
section or section 3721.162 of the Revised Code;	55484

(3) Files a civil action alleging a violation of sections	55485
3721.10 to 3721.17 of the Revised Code, or notifies a county	55486
prosecuting attorney or the attorney general of a possible	55487
violation of sections 3721.10 to 3721.17 of the Revised Code.	55488

If, under the procedures outlined in this section, a home or	55489
its employee is found to have retaliated, the violator may be	55490
fined up to one thousand dollars.	55491

(H) When legal action is indicated, any evidence of criminal	55492
activity found in an investigation under division (C) of this	55493
section shall be given to the prosecuting attorney in the county	55494
in which the home is located for investigation.	55495

(I)(1)(a) Any resident whose rights under sections 3721.10 to	55496
3721.17 of the Revised Code are violated has a cause of action	55497
against any person or home committing the violation.	55498

(b) An action under division (I)(1)(a) of this section may be	55499
commenced by the resident or by the resident's legal guardian or	55500
other legally authorized representative on behalf of the resident	55501
or the resident's estate. If the resident or the resident's legal	55502
guardian or other legally authorized representative is unable to	55503
commence an action under that division on behalf of the resident,	55504
the following persons in the following order of priority have the	55505
right to and may commence an action under that division on behalf	55506
of the resident or the resident's estate:	55507

(i) The resident's spouse;

55508

(ii) The resident's parent or adult child;

55509

(iii) The resident's guardian if the resident is a minor	55510
child;	55511

(iv) The resident's brother or sister;

55512

(v) The resident's niece, nephew, aunt, or uncle.

55513

(c) Notwithstanding any law as to priority of persons	55514
entitled to commence an action, if more than one eligible person	55515
within the same level of priority seeks to commence an action on	55516
behalf of a resident or the resident's estate, the court shall	55517
determine, in the best interest of the resident or the resident's	55518
estate, the individual to commence the action. A court's	55519
determination under this division as to the person to commence an	55520
action on behalf of a resident or the resident's estate shall bar	55521
another person from commencing the action on behalf of the	55522
resident or the resident's estate.	55523

(d) The result of an action commenced pursuant to division	55524
(I)(1)(a) of this section by a person authorized under division	55525
(I)(1)(b) of this section shall bind the resident or the	55526
resident's estate that is the subject of the action.	55527

(e) A cause of action under division (I)(1)(a) of this	55528
section shall accrue, and the statute of limitations applicable to	55529
that cause of action shall begin to run, based upon the violation	55530
of a resident's rights under sections 3721.10 to 3721.17 of the	55531
Revised Code, regardless of the party commencing the action on	55532
behalf of the resident or the resident's estate as authorized	55533
under divisions (I)(1)(b) and (c) of this section.	55534

(2)(a) The plaintiff in an action filed under division (I)(1)	55535
of this section may obtain injunctive relief against the violation	55536
of the resident's rights. The plaintiff also may recover	55537
compensatory damages based upon a showing, by a preponderance of	55538
the evidence, that the violation of the resident's rights resulted	55539
from a negligent act or omission of the person or home and that	55540
the violation was the proximate cause of the resident's injury,	55541
death, or loss to person or property.	55542

(b) If compensatory damages are awarded for a violation of	55543
the resident's rights, section 2315.21 of the Revised Code shall	55544
apply to an award of punitive or exemplary damages for the	55545
violation.	55546

(c) The court, in a case in which only injunctive relief is	55547
granted, may award to the prevailing party reasonable attorney's	55548
fees limited to the work reasonably performed.	55549

(3) Division (I)(2) (b) of this section shall be considered	55550
to be purely remedial in operation and shall be applied in a	55551
remedial manner in any civil action in which this section is	55552
relevant, whether the action is pending in court or commenced on	55553
or after July 9, 1998.	55554

(4) Within thirty days after the filing of a complaint in an	55555
action for damages brought against a home under division (I)(1)(a)	55556
of this section by or on behalf of a resident or former resident	55557
of the home, the plaintiff or plaintiff's counsel shall send	55558
written notice of the filing of the complaint to the department of	55559
~~job and family services~~medicaid if the department has a right of	55560
recovery under section ~~5101.58~~5160.37 of the Revised Code against	55561
the liability of the home for the cost of ~~medical~~medicaid	55562
services ~~and care~~ arising out of injury, disease, or disability of	55563
the resident or former resident.	55564

Sec. 3721.19. (A) As used in this section:

55565

(1) "Home" and "residential care facility" have the same	55566
meanings as in section 3721.01 of the Revised Code;	55567

(2) "Provider agreement" has the same meaning as in section	55568
5165.01 of the Revised Code.	55569

(3) "Sponsor" and "residents' rights advocate" have the same	55570
meanings as in section 3721.10 of the Revised Code.	55571

A home licensed under this chapter that is not a party to a	55572
provider agreement~~, as defined in section 5111.20 of the Revised~~	55573
~~Code,~~ shall provide each prospective resident, before admission,	55574
with the following information, orally and in a separate written	55575
notice on which is printed in a conspicuous manner: "This home is	55576
not a participant in the ~~medical assistance~~medicaid program	55577
administered by the Ohio department of ~~job and family services~~	55578
medicaid. Consequently, you may be discharged from this home if	55579
you are unable to pay for the services provided by this home."	55580

If the prospective resident has a sponsor whose identity is	55581
made known to the home, the home shall also inform the sponsor,	55582
before admission of the resident, of the home's status relative to	55583
the ~~medical assistance~~medicaid program. Written acknowledgement	55584
of the receipt of the information shall be provided by the	55585
resident and, if the prospective resident has a sponsor who has	55586
been identified to the home, by the sponsor. The written	55587
acknowledgement shall be made part of the resident's record by the	55588
home.	55589

No home shall terminate its ~~status as a~~ provider ~~under the~~	55590
~~medicaid program~~agreement unless it has complied with section	55591
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	55592
prior to such termination, provided written notice to the	55593
residents of the home and their sponsors of such action. This	55594
requirement shall not apply in cases where the department of ~~job~~	55595
~~and family services~~medicaid terminates a home's provider	55596
agreement or provider status.	55597

(B) A home licensed under this chapter as a residential care	55598
facility shall provide notice to each prospective resident or the	55599
individual's sponsor of the services offered by the facility and	55600
the types of skilled nursing care that the facility may provide. A	55601
residential care facility that, pursuant to section 3721.012 of	55602
the Revised Code, has a policy of entering into risk agreements	55603
with residents or their sponsors shall provide each prospective	55604
resident or the individual's sponsor a written explanation of the	55605
policy and the provisions that may be contained in a risk	55606
agreement. At the time the information is provided, the facility	55607
shall obtain a statement signed by the individual receiving the	55608
information acknowledging that the individual received the	55609
information. The facility shall maintain on file the individual's	55610
signed statement.	55611

(C) A resident has a cause of action against a home for	55612
breach of any duty imposed by this section. The action may be	55613
commenced by the resident, or on the resident's behalf by the	55614
resident's sponsor or a residents' rights advocate, by the filing	55615
of a civil action in the court of common pleas of the county in	55616
which the home is located, or in the court of common pleas of	55617
Franklin county.	55618

If the court finds that a breach of any duty imposed by this	55619
section has occurred, the court shall enjoin the home from	55620
discharging the resident from the home until arrangements	55621
satisfactory to the court are made for the orderly transfer of the	55622
resident to another mode of health care including, but not limited	55623
to, another home, and may award the resident and a person or	55624
public agency that brings an action on behalf of a resident	55625
reasonable attorney's fees. If a home discharges a resident to	55626
whom or to whose sponsor information concerning its status	55627
relative to the ~~medical assistance~~medicaid program was not	55628
provided as required under this section, the court shall grant any	55629
appropriate relief including, but not limited to, actual damages,	55630
reasonable attorney's fees, and costs.	55631

Sec. 3727.01. (A) As used in this section, "health	55632
maintenance organization" means a public or private organization	55633
organized under the law of any state that is qualified under	55634
section 1310(d) of Title XIII of the "Public Health Service Act,"	55635
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	55636
following:	55637

(1) Provides or otherwise makes available to enrolled	55638
participants health care services including at least the following	55639
basic health care services: usual physician services,	55640
hospitalization, laboratory, x-ray, emergency and preventive	55641
service, and out-of-area coverage;	55642

(2) Is compensated, except for copayments, for the provision	55643
of basic health care services to enrolled participants by a	55644
payment that is paid on a periodic basis without regard to the	55645
date the health care services are provided and that is fixed	55646
without regard to the frequency, extent, or kind of health service	55647
actually provided;	55648

(3) Provides physician services primarily in either of the	55649
following ways:	55650

(a) Directly through physicians who are either employees or	55651
partners of the organization;	55652

(b) Through arrangements with individual physicians or one or	55653
more groups of physicians organized on a group-practice or	55654
individual-practice basis.	55655

(B) As used in this chapter:

55656

(1) "Children's hospital" means any of the following:

55657

(a) A hospital registered under section 3701.07 of the	55658
Revised Code that provides general pediatric medical and surgical	55659
care, and in which at least seventy-five per cent of annual	55660
inpatient discharges for the preceding two calendar years were	55661
individuals less than eighteen years of age;	55662

(b) A distinct portion of a hospital registered under section	55663
3701.07 of the Revised Code that provides general pediatric	55664
medical and surgical care, has a total of at least one hundred	55665
fifty registered pediatric special care and pediatric acute care	55666
beds, and in which at least seventy-five per cent of annual	55667
inpatient discharges for the preceding two calendar years were	55668
individuals less than eighteen years of age;	55669

(c) A distinct portion of a hospital, if the hospital is	55670
registered under section 3701.07 of the Revised Code as a	55671
children's hospital and the children's hospital meets all the	55672
requirements of division (B)(1)(a) of this section.	55673

(2) "Hospital" means an institution classified as a hospital	55674
under section 3701.07 of the Revised Code in which are provided to	55675
inpatients diagnostic, medical, surgical, obstetrical,	55676
psychiatric, or rehabilitation care for a continuous period longer	55677
than twenty-four hours or a hospital operated by a health	55678
maintenance organization. "Hospital" does not include a facility	55679
licensed under Chapter 3721. of the Revised Code, a health care	55680
facility operated by the department of ~~mental health~~mental health	55681
and addiction services or the department of developmental	55682
disabilities, a health maintenance organization that does not	55683
operate a hospital, the office of any private licensed health care	55684
professional, whether organized for individual or group practice,	55685
or a clinic that provides ambulatory patient services and where	55686
patients are not regularly admitted as inpatients. "Hospital" also	55687
does not include an institution for the sick that is operated	55688
exclusively for patients who use spiritual means for healing and	55689
for whom the acceptance of medical care is inconsistent with their	55690
religious beliefs, accredited by a national accrediting	55691
organization, exempt from federal income taxation under section	55692
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	55693
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	55694
care pursuant to the exemption in division (E) of section 4723.32	55695
of the Revised Code from the licensing requirements of Chapter	55696
4723. of the Revised Code.	55697

(3) "Joint commission" means the commission formerly known as	55698
the joint commission on accreditation of healthcare organizations	55699
or the joint commission on accreditation of hospitals.	55700

Sec. 3734.28. Except as otherwise provided in sections	55701
3734.281 and 3734.282 of the Revised Code, moneys collected under	55702
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	55703
of the Revised Code and under the "Comprehensive Environmental	55704
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	55705
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	55706
under division (B)(1) of this section, shall be paid into the	55707
state treasury to the credit of the hazardous waste clean-up fund,	55708
which is hereby created. In addition, both of the following shall	55709
be credited to the fund:	55710

(A) Moneys recovered for costs paid from the fund for	55711
activities described in divisions (A)(1) and (2) of section	55712
3745.12 of the Revised Code;	55713

(B) Natural resource damage assessment costs recovered under	55714
any of the following:	55715

(1) The "Comprehensive Environmental Response, Compensation,	55716
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	55717
seq., as amended;	55718

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	55719
2701, et seq., as amended;	55720

(3) The ~~Federal Water Pollution Control Act as defined in~~	55721
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	55722
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	55723

(4) Any other applicable federal or state law.

55724

The environmental protection agency shall use the moneys in	55725
the fund for the purposes set forth in division (D) of section	55726
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	55727
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	55728
and Chapter 3746. of the Revised Code, including any related	55729
enforcement expenses and administrative expenses of any related	55730
closure or corrective action program. In addition, the agency	55731
shall use the moneys in the fund to pay the state's long-term	55732
operation and maintenance costs or matching share for actions	55733
taken under the "Comprehensive Environmental Response,	55734
Compensation, and Liability Act of 1980," as amended. If those	55735
moneys are reimbursed by grants or other moneys from the United	55736
States or any other person, the moneys shall be placed in the fund	55737
and not in the general revenue fund.	55738

The director of environmental protection may enter into	55739
contracts and grant agreements with federal, state, or local	55740
government agencies, nonprofit organizations, and colleges and	55741
universities for the purpose of carrying out the responsibilities	55742
of the environmental protection agency for which money may be	55743
expended from the fund.	55744

Sec. 3734.57. (A) The following fees are hereby levied on	55745
the transfer or disposal of solid wastes in this state:	55746

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	55747
thirty per cent of the proceeds of which shall be deposited in the	55748
state treasury to the credit of the hazardous waste facility	55749
management fund created in section 3734.18 of the Revised Code and	55750
~~one-half~~seventy per cent of the proceeds of which shall be	55751
deposited in the state treasury to the credit of the hazardous	55752
waste clean-up fund created in section 3734.28 of the Revised	55753
Code;	55754

(2) An additional one dollar per ton through June 30, ~~2014~~	55755
2016, the proceeds of which shall be deposited in the state	55756
treasury to the credit of the solid waste fund, which is hereby	55757
created. The environmental protection agency shall use money in	55758
the solid waste fund to pay the costs of administering and	55759
enforcing the laws pertaining to solid wastes, infectious wastes,	55760
and construction and demolition debris, including, without	55761
limitation, ground water evaluations related to solid wastes,	55762
infectious wastes, and construction and demolition debris, under	55763
this chapter and Chapter 3714. of the Revised Code and any rules	55764
adopted under them, providing compliance assistance to small	55765
businesses, and paying a share of the administrative costs of the	55766
environmental protection agency pursuant to section 3745.014 of	55767
the Revised Code.	55768

(3) An additional two dollars and fifty cents per ton through	55769
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	55770
the state treasury to the credit of the environmental protection	55771
fund created in section 3745.015 of the Revised Code;	55772

(4) An additional twenty-five cents per ton through June 30,	55773
~~2013~~2016, the proceeds of which shall be deposited in the state	55774
treasury to the credit of the soil and water conservation district	55775
assistance fund created in section 1515.14 of the Revised Code.	55776

In the case of solid wastes that are taken to a solid waste	55777
transfer facility located in this state prior to being transported	55778
for disposal at a solid waste disposal facility located in this	55779
state or outside of this state, the fees levied under this	55780
division shall be collected by the owner or operator of the	55781
transfer facility as a trustee for the state. The amount of fees	55782
required to be collected under this division at such a transfer	55783
facility shall equal the total tonnage of solid wastes received at	55784
the facility multiplied by the fees levied under this division. In	55785
the case of solid wastes that are not taken to a solid waste	55786
transfer facility located in this state prior to being transported	55787
to a solid waste disposal facility, the fees shall be collected by	55788
the owner or operator of the solid waste disposal facility as a	55789
trustee for the state. The amount of fees required to be collected	55790
under this division at such a disposal facility shall equal the	55791
total tonnage of solid wastes received at the facility that was	55792
not previously taken to a solid waste transfer facility located in	55793
this state multiplied by the fees levied under this division. Fees	55794
levied under this division do not apply to materials separated	55795
from a mixed waste stream for recycling by a generator or	55796
materials removed from the solid waste stream through recycling,	55797
as "recycling" is defined in rules adopted under section 3734.02	55798
of the Revised Code.	55799

The owner or operator of a solid waste transfer facility or	55800
disposal facility, as applicable, shall prepare and file with the	55801
director of environmental protection each month a return	55802
indicating the total tonnage of solid wastes received at the	55803
facility during that month and the total amount of the fees	55804
required to be collected under this division during that month. In	55805
addition, the owner or operator of a solid waste disposal facility	55806
shall indicate on the return the total tonnage of solid wastes	55807
received from transfer facilities located in this state during	55808
that month for which the fees were required to be collected by the	55809
transfer facilities. The monthly returns shall be filed on a form	55810
prescribed by the director. Not later than thirty days after the	55811
last day of the month to which a return applies, the owner or	55812
operator shall mail to the director the return for that month	55813
together with the fees required to be collected under this	55814
division during that month as indicated on the return or may	55815
submit the return and fees electronically in a manner approved by	55816
the director. If the return is filed and the amount of the fees	55817
due is paid in a timely manner as required in this division, the	55818
owner or operator may retain a discount of three-fourths of one	55819
per cent of the total amount of the fees that are required to be	55820
paid as indicated on the return.	55821

The owner or operator may request an extension of not more	55822
than thirty days for filing the return and remitting the fees,	55823
provided that the owner or operator has submitted such a request	55824
in writing to the director together with a detailed description of	55825
why the extension is requested, the director has received the	55826
request not later than the day on which the return is required to	55827
be filed, and the director has approved the request. If the fees	55828
are not remitted within thirty days after the last day of the	55829
month to which the return applies or are not remitted by the last	55830
day of an extension approved by the director, the owner or	55831
operator shall not retain the three-fourths of one per cent	55832
discount and shall pay an additional ten per cent of the amount of	55833
the fees for each month that they are late. For purposes of	55834
calculating the late fee, the first month in which fees are late	55835
begins on the first day after the deadline has passed for timely	55836
submitting the return and fees, and one additional month shall be	55837
counted every thirty days thereafter.	55838

The owner or operator of a solid waste facility may request a	55839
refund or credit of fees levied under this division and remitted	55840
to the director that have not been paid to the owner or operator.	55841
Such a request shall be made only if the fees have not been	55842
collected by the owner or operator, have become a debt that has	55843
become worthless or uncollectable for a period of six months or	55844
more, and may be claimed as a deduction, including a deduction	55845
claimed if the owner or operator keeps accounts on an accrual	55846
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	55847
U.S.C. 166, as amended, and regulations adopted under it. Prior to	55848
making a request for a refund or credit, an owner or operator	55849
shall make reasonable efforts to collect the applicable fees. A	55850
request for a refund or credit shall not include any costs	55851
resulting from those efforts to collect unpaid fees.	55852

A request for a refund or credit of fees shall be made in	55853
writing, on a form prescribed by the director, and shall be	55854
supported by evidence that may be required in rules adopted by the	55855
director under this chapter. After reviewing the request, and if	55856
the request and evidence submitted with the request indicate that	55857
a refund or credit is warranted, the director shall grant a refund	55858
to the owner or operator or shall permit a credit to be taken by	55859
the owner or operator on a subsequent monthly return submitted by	55860
the owner or operator. The amount of a refund or credit shall not	55861
exceed an amount that is equal to ninety days' worth of fees owed	55862
to an owner or operator by a particular debtor of the owner or	55863
operator. A refund or credit shall not be granted by the director	55864
to an owner or operator more than once in any twelve-month period	55865
for fees owed to the owner or operator by a particular debtor.	55866

If, after receiving a refund or credit from the director, an	55867
owner or operator receives payment of all or part of the fees, the	55868
owner or operator shall remit the fees with the next monthly	55869
return submitted to the director together with a written	55870
explanation of the reason for the submittal.	55871

For purposes of computing the fees levied under this division	55872
or division (B) of this section, any solid waste transfer or	55873
disposal facility that does not use scales as a means of	55874
determining gate receipts shall use a conversion factor of three	55875
cubic yards per ton of solid waste or one cubic yard per ton for	55876
baled waste, as applicable.	55877

The fees levied under this division and divisions (B) and (C)	55878
of this section are in addition to all other applicable fees and	55879
taxes and shall be paid by the customer or a political subdivision	55880
to the owner or operator of a solid waste transfer or disposal	55881
facility. In the alternative, the fees shall be paid by a customer	55882
or political subdivision to a transporter of waste who	55883
subsequently transfers the fees to the owner or operator of such a	55884
facility. The fees shall be paid notwithstanding the existence of	55885
any provision in a contract that the customer or a political	55886
subdivision may have with the owner or operator or with a	55887
transporter of waste to the facility that would not require or	55888
allow such payment regardless of whether the contract was entered	55889
prior to or after October 16, 2009. For those purposes, "customer"	55890
means a person who contracts with, or utilizes the solid waste	55891
services of, the owner or operator of a solid waste transfer or	55892
disposal facility or a transporter of solid waste to such a	55893
facility.	55894

(B) For the purposes specified in division (G) of this	55895
section, the solid waste management policy committee of a county	55896
or joint solid waste management district may levy fees upon the	55897
following activities:	55898

(1) The disposal at a solid waste disposal facility located	55899
in the district of solid wastes generated within the district;	55900

(2) The disposal at a solid waste disposal facility within	55901
the district of solid wastes generated outside the boundaries of	55902
the district, but inside this state;	55903

(3) The disposal at a solid waste disposal facility within	55904
the district of solid wastes generated outside the boundaries of	55905
this state.	55906

The solid waste management plan of the county or joint	55907
district approved under section 3734.521 or 3734.55 of the Revised	55908
Code and any amendments to it, or the resolution adopted under	55909
this division, as appropriate, shall establish the rates of the	55910
fees levied under divisions (B)(1), (2), and (3) of this section,	55911
if any, and shall specify whether the fees are levied on the basis	55912
of tons or cubic yards as the unit of measurement. A solid waste	55913
management district that levies fees under this division on the	55914
basis of cubic yards shall do so in accordance with division (A)	55915
of this section.	55916

The fee levied under division (B)(1) of this section shall be	55917
not less than one dollar per ton nor more than two dollars per	55918
ton, the fee levied under division (B)(2) of this section shall be	55919
not less than two dollars per ton nor more than four dollars per	55920
ton, and the fee levied under division (B)(3) of this section	55921
shall be not more than the fee levied under division (B)(1) of	55922
this section.	55923

Prior to the approval of the solid waste management plan of a	55924
district under section 3734.55 of the Revised Code, the solid	55925
waste management policy committee of a district may levy fees	55926
under this division by adopting a resolution establishing the	55927
proposed amount of the fees. Upon adopting the resolution, the	55928
committee shall deliver a copy of the resolution to the board of	55929
county commissioners of each county forming the district and to	55930
the legislative authority of each municipal corporation and	55931
township under the jurisdiction of the district and shall prepare	55932
and publish the resolution and a notice of the time and location	55933
where a public hearing on the fees will be held. Upon adopting the	55934
resolution, the committee shall deliver written notice of the	55935
adoption of the resolution; of the amount of the proposed fees;	55936
and of the date, time, and location of the public hearing to the	55937
director and to the fifty industrial, commercial, or institutional	55938
generators of solid wastes within the district that generate the	55939
largest quantities of solid wastes, as determined by the	55940
committee, and to their local trade associations. The committee	55941
shall make good faith efforts to identify those generators within	55942
the district and their local trade associations, but the	55943
nonprovision of notice under this division to a particular	55944
generator or local trade association does not invalidate the	55945
proceedings under this division. The publication shall occur at	55946
least thirty days before the hearing. After the hearing, the	55947
committee may make such revisions to the proposed fees as it	55948
considers appropriate and thereafter, by resolution, shall adopt	55949
the revised fee schedule. Upon adopting the revised fee schedule,	55950
the committee shall deliver a copy of the resolution doing so to	55951
the board of county commissioners of each county forming the	55952
district and to the legislative authority of each municipal	55953
corporation and township under the jurisdiction of the district.	55954
Within sixty days after the delivery of a copy of the resolution	55955
adopting the proposed revised fees by the policy committee, each	55956
such board and legislative authority, by ordinance or resolution,	55957
shall approve or disapprove the revised fees and deliver a copy of	55958
the ordinance or resolution to the committee. If any such board or	55959
legislative authority fails to adopt and deliver to the policy	55960
committee an ordinance or resolution approving or disapproving the	55961
revised fees within sixty days after the policy committee	55962
delivered its resolution adopting the proposed revised fees, it	55963
shall be conclusively presumed that the board or legislative	55964
authority has approved the proposed revised fees. The committee	55965
shall determine if the resolution has been ratified in the same	55966
manner in which it determines if a draft solid waste management	55967
plan has been ratified under division (B) of section 3734.55 of	55968
the Revised Code.	55969

The committee may amend the schedule of fees levied pursuant	55970
to a resolution adopted and ratified under this division by	55971
adopting a resolution establishing the proposed amount of the	55972
amended fees. The committee may repeal the fees levied pursuant to	55973
such a resolution by adopting a resolution proposing to repeal	55974
them. Upon adopting such a resolution, the committee shall proceed	55975
to obtain ratification of the resolution in accordance with this	55976
division.	55977

Not later than fourteen days after declaring the new fees to	55978
be ratified or the fees to be repealed under this division, the	55979
committee shall notify by certified mail the owner or operator of	55980
each solid waste disposal facility that is required to collect the	55981
fees of the ratification and the amount of the fees or of the	55982
repeal of the fees. Collection of any fees shall commence or	55983
collection of repealed fees shall cease on the first day of the	55984
second month following the month in which notification is sent to	55985
the owner or operator.	55986

Fees levied under this division also may be established,	55987
amended, or repealed by a solid waste management policy committee	55988
through the adoption of a new district solid waste management	55989
plan, the adoption of an amended plan, or the amendment of the	55990
plan or amended plan in accordance with sections 3734.55 and	55991
3734.56 of the Revised Code or the adoption or amendment of a	55992
district plan in connection with a change in district composition	55993
under section 3734.521 of the Revised Code.	55994

Not later than fourteen days after the director issues an	55995
order approving a district's solid waste management plan, amended	55996
plan, or amendment to a plan or amended plan that establishes,	55997
amends, or repeals a schedule of fees levied by the district, the	55998
committee shall notify by certified mail the owner or operator of	55999
each solid waste disposal facility that is required to collect the	56000
fees of the approval of the plan or amended plan, or the amendment	56001
to the plan, as appropriate, and the amount of the fees, if any.	56002
In the case of an initial or amended plan approved under section	56003
3734.521 of the Revised Code in connection with a change in	56004
district composition, other than one involving the withdrawal of a	56005
county from a joint district, the committee, within fourteen days	56006
after the change takes effect pursuant to division (G) of that	56007
section, shall notify by certified mail the owner or operator of	56008
each solid waste disposal facility that is required to collect the	56009
fees that the change has taken effect and of the amount of the	56010
fees, if any. Collection of any fees shall commence or collection	56011
of repealed fees shall cease on the first day of the second month	56012
following the month in which notification is sent to the owner or	56013
operator.	56014

If, in the case of a change in district composition involving	56015
the withdrawal of a county from a joint district, the director	56016
completes the actions required under division (G)(1) or (3) of	56017
section 3734.521 of the Revised Code, as appropriate, forty-five	56018
days or more before the beginning of a calendar year, the policy	56019
committee of each of the districts resulting from the change that	56020
obtained the director's approval of an initial or amended plan in	56021
connection with the change, within fourteen days after the	56022
director's completion of the required actions, shall notify by	56023
certified mail the owner or operator of each solid waste disposal	56024
facility that is required to collect the district's fees that the	56025
change is to take effect on the first day of January immediately	56026
following the issuance of the notice and of the amount of the fees	56027
or amended fees levied under divisions (B)(1) to (3) of this	56028
section pursuant to the district's initial or amended plan as so	56029
approved or, if appropriate, the repeal of the district's fees by	56030
that initial or amended plan. Collection of any fees set forth in	56031
such a plan or amended plan shall commence on the first day of	56032
January immediately following the issuance of the notice. If such	56033
an initial or amended plan repeals a schedule of fees, collection	56034
of the fees shall cease on that first day of January.	56035

If, in the case of a change in district composition involving	56036
the withdrawal of a county from a joint district, the director	56037
completes the actions required under division (G)(1) or (3) of	56038
section 3734.521 of the Revised Code, as appropriate, less than	56039
forty-five days before the beginning of a calendar year, the	56040
director, on behalf of each of the districts resulting from the	56041
change that obtained the director's approval of an initial or	56042
amended plan in connection with the change proceedings, shall	56043
notify by certified mail the owner or operator of each solid waste	56044
disposal facility that is required to collect the district's fees	56045
that the change is to take effect on the first day of January	56046
immediately following the mailing of the notice and of the amount	56047
of the fees or amended fees levied under divisions (B)(1) to (3)	56048
of this section pursuant to the district's initial or amended plan	56049
as so approved or, if appropriate, the repeal of the district's	56050
fees by that initial or amended plan. Collection of any fees set	56051
forth in such a plan or amended plan shall commence on the first	56052
day of the second month following the month in which notification	56053
is sent to the owner or operator. If such an initial or amended	56054
plan repeals a schedule of fees, collection of the fees shall	56055
cease on the first day of the second month following the month in	56056
which notification is sent to the owner or operator.	56057

If the schedule of fees that a solid waste management	56058
district is levying under divisions (B)(1) to (3) of this section	56059
is amended or repealed, the fees in effect immediately prior to	56060
the amendment or repeal shall continue to be collected until	56061
collection of the amended fees commences or collection of the	56062
repealed fees ceases, as applicable, as specified in this	56063
division. In the case of a change in district composition, money	56064
so received from the collection of the fees of the former	56065
districts shall be divided among the resulting districts in	56066
accordance with division (B) of section 343.012 of the Revised	56067
Code and the agreements entered into under division (B) of section	56068
343.01 of the Revised Code to establish the former and resulting	56069
districts and any amendments to those agreements.	56070

For the purposes of the provisions of division (B) of this	56071
section establishing the times when newly established or amended	56072
fees levied by a district are required to commence and the	56073
collection of fees that have been amended or repealed is required	56074
to cease, "fees" or "schedule of fees" includes, in addition to	56075
fees levied under divisions (B)(1) to (3) of this section, those	56076
levied under section 3734.573 or 3734.574 of the Revised Code.	56077

(C) For the purposes of defraying the added costs to a	56078
municipal corporation or township of maintaining roads and other	56079
public facilities and of providing emergency and other public	56080
services, and compensating a municipal corporation or township for	56081
reductions in real property tax revenues due to reductions in real	56082
property valuations resulting from the location and operation of a	56083
solid waste disposal facility within the municipal corporation or	56084
township, a municipal corporation or township in which such a	56085
solid waste disposal facility is located may levy a fee of not	56086
more than twenty-five cents per ton on the disposal of solid	56087
wastes at a solid waste disposal facility located within the	56088
boundaries of the municipal corporation or township regardless of	56089
where the wastes were generated.	56090

The legislative authority of a municipal corporation or	56091
township may levy fees under this division by enacting an	56092
ordinance or adopting a resolution establishing the amount of the	56093
fees. Upon so doing the legislative authority shall mail a	56094
certified copy of the ordinance or resolution to the board of	56095
county commissioners or directors of the county or joint solid	56096
waste management district in which the municipal corporation or	56097
township is located or, if a regional solid waste management	56098
authority has been formed under section 343.011 of the Revised	56099
Code, to the board of trustees of that regional authority, the	56100
owner or operator of each solid waste disposal facility in the	56101
municipal corporation or township that is required to collect the	56102
fee by the ordinance or resolution, and the director of	56103
environmental protection. Although the fees levied under this	56104
division are levied on the basis of tons as the unit of	56105
measurement, the legislative authority, in its ordinance or	56106
resolution levying the fees under this division, may direct that	56107
the fees be levied on the basis of cubic yards as the unit of	56108
measurement based upon a conversion factor of three cubic yards	56109
per ton generally or one cubic yard per ton for baled wastes.	56110

Not later than five days after enacting an ordinance or	56111
adopting a resolution under this division, the legislative	56112
authority shall so notify by certified mail the owner or operator	56113
of each solid waste disposal facility that is required to collect	56114
the fee. Collection of any fee levied on or after March 24, 1992,	56115
shall commence on the first day of the second month following the	56116
month in which notification is sent to the owner or operator.	56117

(D)(1) The fees levied under divisions (A), (B), and (C) of	56118
this section do not apply to the disposal of solid wastes that:	56119

(a) Are disposed of at a facility owned by the generator of	56120
the wastes when the solid waste facility exclusively disposes of	56121
solid wastes generated at one or more premises owned by the	56122
generator regardless of whether the facility is located on a	56123
premises where the wastes are generated;	56124

(b) Are generated from the combustion of coal, or from the	56125
combustion of primarily coal, regardless of whether the disposal	56126
facility is located on the premises where the wastes are	56127
generated;	56128

(c) Are asbestos or asbestos-containing materials or products	56129
disposed of at a construction and demolition debris facility that	56130
is licensed under Chapter 3714. of the Revised Code or at a solid	56131
waste facility that is licensed under this chapter.	56132

(2) Except as provided in section 3734.571 of the Revised	56133
Code, any fees levied under division (B)(1) of this section apply	56134
to solid wastes originating outside the boundaries of a county or	56135
joint district that are covered by an agreement for the joint use	56136
of solid waste facilities entered into under section 343.02 of the	56137
Revised Code by the board of county commissioners or board of	56138
directors of the county or joint district where the wastes are	56139
generated and disposed of.	56140

(3) When solid wastes, other than solid wastes that consist	56141
of scrap tires, are burned in a disposal facility that is an	56142
incinerator or energy recovery facility, the fees levied under	56143
divisions (A), (B), and (C) of this section shall be levied upon	56144
the disposal of the fly ash and bottom ash remaining after burning	56145
of the solid wastes and shall be collected by the owner or	56146
operator of the sanitary landfill where the ash is disposed of.	56147

(4) When solid wastes are delivered to a solid waste transfer	56148
facility, the fees levied under divisions (B) and (C) of this	56149
section shall be levied upon the disposal of solid wastes	56150
transported off the premises of the transfer facility for disposal	56151
and shall be collected by the owner or operator of the solid waste	56152
disposal facility where the wastes are disposed of.	56153

(5) The fees levied under divisions (A), (B), and (C) of this	56154
section do not apply to sewage sludge that is generated by a waste	56155
water treatment facility holding a national pollutant discharge	56156
elimination system permit and that is disposed of through	56157
incineration, land application, or composting or at another	56158
resource recovery or disposal facility that is not a landfill.	56159

(6) The fees levied under divisions (A), (B), and (C) of this	56160
section do not apply to solid wastes delivered to a solid waste	56161
composting facility for processing. When any unprocessed solid	56162
waste or compost product is transported off the premises of a	56163
composting facility and disposed of at a landfill, the fees levied	56164
under divisions (A), (B), and (C) of this section shall be	56165
collected by the owner or operator of the landfill where the	56166
unprocessed waste or compost product is disposed of.	56167

(7) When solid wastes that consist of scrap tires are	56168
processed at a scrap tire recovery facility, the fees levied under	56169
divisions (A), (B), and (C) of this section shall be levied upon	56170
the disposal of the fly ash and bottom ash or other solid wastes	56171
remaining after the processing of the scrap tires and shall be	56172
collected by the owner or operator of the solid waste disposal	56173
facility where the ash or other solid wastes are disposed of.	56174

(8) The director of environmental protection may issue an	56175
order exempting from the fees levied under this section solid	56176
wastes, including, but not limited to, scrap tires, that are	56177
generated, transferred, or disposed of as a result of a contract	56178
providing for the expenditure of public funds entered into by the	56179
administrator or regional administrator of the United States	56180
environmental protection agency, the director of environmental	56181
protection, or the director of administrative services on behalf	56182
of the director of environmental protection for the purpose of	56183
remediating conditions at a hazardous waste facility, solid waste	56184
facility, or other location at which the administrator or regional	56185
administrator or the director of environmental protection has	56186
reason to believe that there is a substantial threat to public	56187
health or safety or the environment or that the conditions are	56188
causing or contributing to air or water pollution or soil	56189
contamination. An order issued by the director of environmental	56190
protection under division (D)(8) of this section shall include a	56191
determination that the amount of the fees not received by a solid	56192
waste management district as a result of the order will not	56193
adversely impact the implementation and financing of the	56194
district's approved solid waste management plan and any approved	56195
amendments to the plan. Such an order is a final action of the	56196
director of environmental protection.	56197

(E) The fees levied under divisions (B) and (C) of this	56198
section shall be collected by the owner or operator of the solid	56199
waste disposal facility where the wastes are disposed of as a	56200
trustee for the county or joint district and municipal corporation	56201
or township where the wastes are disposed of. Moneys from the fees	56202
levied under division (B) of this section shall be forwarded to	56203
the board of county commissioners or board of directors of the	56204
district in accordance with rules adopted under division (H) of	56205
this section. Moneys from the fees levied under division (C) of	56206
this section shall be forwarded to the treasurer or such other	56207
officer of the municipal corporation as, by virtue of the charter,	56208
has the duties of the treasurer or to the fiscal officer of the	56209
township, as appropriate, in accordance with those rules.	56210

(F) Moneys received by the treasurer or other officer of the	56211
municipal corporation under division (E) of this section shall be	56212
paid into the general fund of the municipal corporation. Moneys	56213
received by the fiscal officer of the township under that division	56214
shall be paid into the general fund of the township. The treasurer	56215
or other officer of the municipal corporation or the township	56216
fiscal officer, as appropriate, shall maintain separate records of	56217
the moneys received from the fees levied under division (C) of	56218
this section.	56219

(G) Moneys received by the board of county commissioners or	56220
board of directors under division (E) of this section or section	56221
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	56222
shall be paid to the county treasurer, or other official acting in	56223
a similar capacity under a county charter, in a county district or	56224
to the county treasurer or other official designated by the board	56225
of directors in a joint district and kept in a separate and	56226
distinct fund to the credit of the district. If a regional solid	56227
waste management authority has been formed under section 343.011	56228
of the Revised Code, moneys received by the board of trustees of	56229
that regional authority under division (E) of this section shall	56230
be kept by the board in a separate and distinct fund to the credit	56231
of the district. Moneys in the special fund of the county or joint	56232
district arising from the fees levied under division (B) of this	56233
section and the fee levied under division (A) of section 3734.573	56234
of the Revised Code shall be expended by the board of county	56235
commissioners or directors of the district in accordance with the	56236
district's solid waste management plan or amended plan approved	56237
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	56238
exclusively for the following purposes:	56239

(1) Preparation of the solid waste management plan of the	56240
district under section 3734.54 of the Revised Code, monitoring	56241
implementation of the plan, and conducting the periodic review and	56242
amendment of the plan required by section 3734.56 of the Revised	56243
Code by the solid waste management policy committee;	56244

(2) Implementation of the approved solid waste management	56245
plan or amended plan of the district, including, without	56246
limitation, the development and implementation of solid waste	56247
recycling or reduction programs;	56248

(3) Providing financial assistance to boards of health within	56249
the district, if solid waste facilities are located within the	56250
district, for enforcement of this chapter and rules, orders, and	56251
terms and conditions of permits, licenses, and variances adopted	56252
or issued under it, other than the hazardous waste provisions of	56253
this chapter and rules adopted and orders and terms and conditions	56254
of permits issued under those provisions;	56255

(4) Providing financial assistance to each county within the	56256
district to defray the added costs of maintaining roads and other	56257
public facilities and of providing emergency and other public	56258
services resulting from the location and operation of a solid	56259
waste facility within the county under the district's approved	56260
solid waste management plan or amended plan;	56261

(5) Pursuant to contracts entered into with boards of health	56262
within the district, if solid waste facilities contained in the	56263
district's approved plan or amended plan are located within the	56264
district, for paying the costs incurred by those boards of health	56265
for collecting and analyzing samples from public or private water	56266
wells on lands adjacent to those facilities;	56267

(6) Developing and implementing a program for the inspection	56268
of solid wastes generated outside the boundaries of this state	56269
that are disposed of at solid waste facilities included in the	56270
district's approved solid waste management plan or amended plan;	56271

(7) Providing financial assistance to boards of health within	56272
the district for the enforcement of section 3734.03 of the Revised	56273
Code or to local law enforcement agencies having jurisdiction	56274
within the district for enforcing anti-littering laws and	56275
ordinances;	56276

(8) Providing financial assistance to boards of health of	56277
health districts within the district that are on the approved list	56278
under section 3734.08 of the Revised Code to defray the costs to	56279
the health districts for the participation of their employees	56280
responsible for enforcement of the solid waste provisions of this	56281
chapter and rules adopted and orders and terms and conditions of	56282
permits, licenses, and variances issued under those provisions in	56283
the training and certification program as required by rules	56284
adopted under division (L) of section 3734.02 of the Revised Code;	56285

(9) Providing financial assistance to individual municipal	56286
corporations and townships within the district to defray their	56287
added costs of maintaining roads and other public facilities and	56288
of providing emergency and other public services resulting from	56289
the location and operation within their boundaries of a	56290
composting, energy or resource recovery, incineration, or	56291
recycling facility that either is owned by the district or is	56292
furnishing solid waste management facility or recycling services	56293
to the district pursuant to a contract or agreement with the board	56294
of county commissioners or directors of the district;	56295

(10) Payment of any expenses that are agreed to, awarded, or	56296
ordered to be paid under section 3734.35 of the Revised Code and	56297
of any administrative costs incurred pursuant to that section. In	56298
the case of a joint solid waste management district, if the board	56299
of county commissioners of one of the counties in the district is	56300
negotiating on behalf of affected communities, as defined in that	56301
section, in that county, the board shall obtain the approval of	56302
the board of directors of the district in order to expend moneys	56303
for administrative costs incurred.	56304

Prior to the approval of the district's solid waste	56305
management plan under section 3734.55 of the Revised Code, moneys	56306
in the special fund of the district arising from the fees shall be	56307
expended for those purposes in the manner prescribed by the solid	56308
waste management policy committee by resolution.	56309

Notwithstanding division (G)(6) of this section as it existed	56310
prior to October 29, 1993, or any provision in a district's solid	56311
waste management plan prepared in accordance with division	56312
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	56313
prior to that date, any moneys arising from the fees levied under	56314
division (B)(3) of this section prior to January 1, 1994, may be	56315
expended for any of the purposes authorized in divisions (G)(1) to	56316
(10) of this section.	56317

(H) The director shall adopt rules in accordance with Chapter	56318
119. of the Revised Code prescribing procedures for collecting and	56319
forwarding the fees levied under divisions (B) and (C) of this	56320
section to the boards of county commissioners or directors of	56321
county or joint solid waste management districts and to the	56322
treasurers or other officers of municipal corporations and the	56323
fiscal officers of townships. The rules also shall prescribe the	56324
dates for forwarding the fees to the boards and officials and may	56325
prescribe any other requirements the director considers necessary	56326
or appropriate to implement and administer divisions (A), (B), and	56327
(C) of this section.	56328

Sec. 3734.901. (A)(1) For the purpose of providing revenue	56329
to defray the cost of administering and enforcing the scrap tire	56330
provisions of this chapter, rules adopted under those provisions,	56331
and terms and conditions of orders, variances, and licenses issued	56332
under those provisions; to abate accumulations of scrap tires; to	56333
make grants supporting market development activities for scrap	56334
tires and synthetic rubber from tire manufacturing processes and	56335
tire recycling processes and to support scrap tire amnesty and	56336
cleanup events; to make loans to promote the recycling or recovery	56337
of energy from scrap tires; and to defray the costs of	56338
administering and enforcing sections 3734.90 to 3734.9014 of the	56339
Revised Code, a fee of fifty cents per tire is hereby levied on	56340
the sale of tires. The proceeds of the fee shall be deposited in	56341
the state treasury to the credit of the scrap tire management fund	56342
created in section 3734.82 of the Revised Code. The fee is levied	56343
from the first day of the calendar month that begins next after	56344
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	56345

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	56346
2016, there is hereby levied an additional fee of fifty cents per	56347
tire on the sale of tires the proceeds of which shall be deposited	56348
in the state treasury to the credit of the soil and water	56349
conservation district assistance fund created in section 1515.14	56350
of the Revised Code.	56351

(B) Only one sale of the same article shall be used in	56352
computing the amount of the fee due.	56353

Sec. 3734.907. (A) Any person required to pay the fee	56354
imposed by section 3734.901 of the Revised Code is personally	56355
liable for the fee. The tax commissioner may make an assessment,	56356
based upon any information in the commissioner's possession,	56357
against any person who fails to file a return or pay any fee,	56358
interest, or additional charge as required by sections 3734.90 to	56359
3734.9014 of the Revised Code. The commissioner shall give the	56360
person assessed written notice of the assessment in the manner	56361
provided in section 5703.37 of the Revised Code. With the notice,	56362
the commissioner shall provide instructions on how to petition for	56363
reassessment and request a hearing on the petition.	56364

(B) When the information in the possession of the tax	56365
commissioner indicates that a person liable for the fee imposed by	56366
section 3734.901 of the Revised Code has not paid the full amount	56367
of fee due, the commissioner may audit a representative sample of	56368
the person's business and may issue an assessment based on the	56369
audit.	56370

(C) A penalty of up to fifteen per cent may be added to all	56371
amounts assessed under this section. The commissioner may adopt	56372
rules providing for the imposition and remission of the penalties.	56373

(D) Unless the person assessed files with the tax	56374
commissioner within sixty days after service of the notice of	56375
assessment, either personally or by certified mail, a written	56376
petition for reassessment signed by the person assessed or that	56377
person's authorized agent having knowledge of the facts, the	56378
assessment becomes final and the amount of the assessment is due	56379
and payable from the person assessed to the treasurer of state.	56380
The petition shall indicate the objections of the person assessed,	56381
but additional objections may be raised in writing if received by	56382
the commissioner prior to the date shown on the final	56383
determination. If the petition has been properly filed, the	56384
commissioner shall proceed under section 5703.60 of the Revised	56385
Code.	56386

(E) After an assessment becomes final, if any portion of the	56387
assessment, including accrued interest, remains unpaid, a	56388
certified copy of the tax commissioner's entry making the	56389
assessment final may be filed in the office of the clerk of the	56390
court of common pleas in the county in which the person assessed	56391
resides or in which the person's business is conducted. If the	56392
person assessed maintains no place of business in this state and	56393
is not a resident of this state, the certified copy of the entry	56394
may be filed in the office of the clerk of the court of common	56395
pleas of Franklin county.	56396

Immediately upon the filing of the entry, the clerk shall	56397
enter a judgment for the state against the person assessed in the	56398
amount shown on the entry. The judgment may be filed by the clerk	56399
in a loose-leaf book entitled "special judgments for state tire	56400
fee," and shall have the same effect as other judgments. Execution	56401
shall issue upon the judgment upon the request of the tax	56402
commissioner, and all laws applicable to sales on execution shall	56403
apply to sales made under the judgment.	56404

~~The portion of~~If the assessment is not paid in its entirety	56405
within sixty days after the day the assessment was issued, the	56406
portion of the assessment consisting of tax due shall bear	56407
interest at the rate per annum prescribed by section 5703.47 of	56408
the Revised Code from the day the commissioner issues the	56409
assessment until the day the assessment is paid or until it is	56410
certified to the attorney general for collection under section	56411
131.02 of the Revised Code, whichever comes first. If the unpaid	56412
portion of the assessment is certified to the attorney general for	56413
collection, the entire unpaid portion of the assessment shall bear	56414
interest at the rate per annum prescribed by section 5703.47 of	56415
the Revised Code from the date of certification until the date it	56416
is paid in its entirety. Interest shall be paid in the same manner	56417
as the fee and may be collected by the issuance of an assessment	56418
under this section.	56419

(F) If the tax commissioner believes that collection of the	56420
fee will be jeopardized unless proceedings to collect or secure	56421
collection of the fee are instituted without delay, the	56422
commissioner may issue a jeopardy assessment against the person	56423
liable for the fee. Immediately upon the issuance of the jeopardy	56424
assessment, the commissioner shall file an entry with the clerk of	56425
the court of common pleas in the manner prescribed by division (E)	56426
of this section. Notice of the jeopardy assessment shall be served	56427
on the person assessed or the person's legal representative, as	56428
provided in section 5703.37 of the Revised Code, within five days	56429
of the filing of the entry with the clerk. The total amount	56430
assessed is immediately due and payable, unless the person	56431
assessed files a petition for reassessment in accordance with	56432
division (D) of this section and provides security in a form	56433
satisfactory to the commissioner and in an amount sufficient to	56434
satisfy the unpaid balance of the assessment. Full or partial	56435
payment of the assessment does not prejudice the commissioner's	56436
consideration of the petition for reassessment.	56437

(G) All money collected by the tax commissioner under this	56438
section shall be paid to the treasurer of state as revenue arising	56439
from the fee imposed by section 3734.901 of the Revised Code.	56440

Sec. 3735.58. (A) The director of ~~mental health~~mental	56441
health and addiction services, the director of developmental	56442
disabilities, or the director of rehabilitation and correction may	56443
enter into contracts for the sale of land not needed by their	56444
departments and under their jurisdiction or supervision to	56445
metropolitan housing authorities for use by such an authority for	56446
a housing project or projects. Such contract may contain such	56447
conditions and terms as are, in the discretion of the directors,	56448
in the best interests of the state and the welfare of the	56449
residents of the state.	56450

(B) The director may, upon receipt of a request from a	56451
metropolitan housing authority, request the approval of the	56452
governor to sell and convey land not needed by the director's	56453
department and under the director's jurisdiction or supervision to	56454
an authority, subject to such terms and conditions consistent with	56455
the public interest and welfare of the residents of the state as	56456
the director considers necessary. The governor, with the approval	56457
of the controlling board, may approve the request. Such property	56458
shall be appraised at its fair market value before it is conveyed.	56459
The director of administrative services shall cause it to be	56460
appraised by three disinterested persons and shall determine the	56461
fee which each appraiser shall receive, not to exceed fifty	56462
dollars. All appraisal fees shall be paid by the authority which	56463
shall deposit with the director one hundred fifty dollars before	56464
the appraisal is made. If the deposit exceeds the appraisal fee,	56465
the balance shall be returned to the authority. The appraisal	56466
value, when approved by the director, is the purchase price. If	56467
the purchase price is not paid within ninety days after notice to	56468
the authority of the approved appraisal value, the director shall	56469
withdraw approval of the appraisal value and no deed shall be	56470
delivered to the authority without the written approval of the	56471
director of the purchase price. If the purchase price is paid	56472
within ninety days, a deed shall be prepared and recorded pursuant	56473
to section 5301.13 of the Revised Code.	56474

(C) Moneys received from sales of land to a metropolitan	56475
housing authority shall be placed in the state treasury in special	56476
funds, to be used for such purposes of the department of ~~mental~~	56477
~~health~~mental health and addiction services, the department of	56478
developmental disabilities, or the department of rehabilitation	56479
and correction as is appropriate.	56480

Sec. 3737.02. (A) The fire marshal may collect fees to cover	56481
the costs of performing inspections and other duties that the fire	56482
marshal is authorized or required by law to perform. Except as	56483
provided in division (B) of this section, all fees collected by	56484
the fire marshal shall be deposited to the credit of the fire	56485
marshal's fund.	56486

(B) All of the following shall be credited to the underground	56487
storage tank administration fund, which is hereby created in the	56488
state treasury:	56489

(1) Fees collected under sections 3737.88 and 3737.881 of the	56490
Revised Code for operation of the underground storage tank and	56491
underground storage tank installer certification programs~~, moneys~~;	56492

(2) Moneys recovered under section 3737.89 of the Revised	56493
Code for the state's costs of undertaking corrective or	56494
enforcement actions under that section or section 3737.882 of the	56495
Revised Code~~, and fines~~;	56496

(3) Fines and penalties collected under section 3737.882 of	56497
the Revised Code ~~shall be credited to the underground storage tank~~	56498
~~administration fund, which is hereby created in the state~~	56499
~~treasury. All~~;	56500

(4) Amounts repaid for underground storage tank revolving	56501
loans under section 3737.883 of the Revised Code.	56502

(C) All interest earned on moneys credited to the underground	56503
storage tank administration fund shall be credited to the fund.	56504
Moneys credited to the underground storage tank administration	56505
fund shall be used by the fire marshal for implementation and	56506
enforcement of underground storage tank, corrective action, and	56507
installer certification programs under sections 3737.88 to 3737.89	56508
of the Revised Code. Only moneys described in divisions (B)(3) and	56509
(4) of this section shall be used by the fire marshal to make	56510
underground storage tank revolving loans under section 3737.883 of	56511
the Revised Code, and no other moneys may be used to make those	56512
loans.	56513

~~(C)~~(D) The fire marshal shall take all actions necessary to	56514
obtain any federal funding available to carry out the fire	56515
marshal's responsibilities under sections 3737.88 to 3737.89 of	56516
the Revised Code and federal laws regarding the cleaning up of	56517
releases of petroleum, as "release" is defined in section 3737.87	56518
of the Revised Code, including, without limitation, any federal	56519
funds that are available to reimburse the state for the costs of	56520
undertaking corrective actions for such releases of petroleum. The	56521
state may, when appropriate, return to the United States any	56522
federal funds recovered under sections 3737.882 and 3737.89 of the	56523
Revised Code.	56524

Sec. 3737.83. The fire marshal shall, as part of the state	56525
fire code, adopt rules to:	56526

(A) Establish minimum standards of performance for fire	56527
protection equipment and fire fighting equipment;	56528

(B) Establish minimum standards of training, fix minimum	56529
qualifications, and require certificates for all persons who	56530
engage in the business for profit of installing, testing,	56531
repairing, or maintaining fire protection equipment;	56532

(C) Provide for the issuance of certificates required under	56533
division (B) of this section and establish the fees to be charged	56534
for such certificates. A certificate shall be granted, renewed, or	56535
revoked according to rules the fire marshal shall adopt.	56536

(D) Establish minimum standards of flammability for consumer	56537
goods in any case where the federal government or any department	56538
or agency thereof has established, or may from time to time	56539
establish standards of flammability for consumer goods. The	56540
standards established by the fire marshal shall be identical to	56541
the minimum federal standards.	56542

In any case where the federal government or any department or	56543
agency thereof, establishes standards of flammability for consumer	56544
goods subsequent to the adoption of a flammability standard by the	56545
fire marshal, standards previously adopted by the fire marshal	56546
shall not continue in effect to the extent such standards are not	56547
identical to the minimum federal standards.	56548

With respect to the adoption of minimum standards of	56549
flammability, this division shall supersede any authority granted	56550
a political subdivision by any other section of the Revised Code.	56551

(E) Establish minimum standards pursuant to section 5104.05	56552
of the Revised Code for fire prevention and fire safety in child	56553
day-care centers and in type A family day-care homes, as defined	56554
in section 5104.01 of the Revised Code.	56555

(F) Establish minimum standards for fire prevention and	56556
safety in a residential facility licensed under section ~~5119.22~~	56557
5119.34 of the Revised Code that provides accommodations,	56558
supervision, and personal care services for three to sixteen	56559
unrelated adults. The fire marshal shall adopt the rules under	56560
this division in consultation with the director of ~~mental health~~	56561
mental health and addiction services and interested parties	56562
designated by the director of ~~mental health~~mental health and	56563
addiction services.	56564

Sec. 3737.841. As used in this section and section 3737.842	56565
of the Revised Code:	56566

(A) "Public occupancy" means all of the following:

56567

(1) Any state correctional institution as defined in section	56568
2967.01 of the Revised Code and any county, multicounty,	56569
municipal, or municipal-county jail or workhouse;	56570

(2) Any hospital as defined in section 3727.01 of the Revised	56571
Code, any hospital licensed by the department of ~~mental health~~	56572
mental health and addiction services under section ~~5119.20~~5119.33	56573
of the Revised Code, and any institution, hospital, or other place	56574
established, controlled, or supervised by the department of ~~mental~~	56575
~~health~~mental health and addiction services under Chapter 5119. of	56576
the Revised Code;	56577

(3) Any nursing home, residential care facility, or home for	56578
the aging as defined in section 3721.01 of the Revised Code and	56579
any residential facility licensed under section ~~5119.22~~5119.34 of	56580
the Revised Code that provides accommodations, supervision, and	56581
personal care services for three to sixteen unrelated adults;	56582

(4) Any child day-care center and any type A family day-care	56583
home as defined in section 5104.01 of the Revised Code;	56584

(5) Any public auditorium or stadium;

56585

(6) Public assembly areas of hotels and motels containing	56586
more than ten articles of seating furniture.	56587

(B) "Sell" includes sell, offer or expose for sale, barter,	56588
trade, deliver, give away, rent, consign, lease, possess for sale,	56589
or dispose of in any other commercial manner.	56590

(C) Except as provided in division (D) of this section,	56591
"seating furniture" means any article of furniture, including	56592
children's furniture, that can be used as a support for an	56593
individual, or an individual's limbs or feet, when sitting or	56594
resting in an upright or reclining position and that either:	56595

(1) Is made with loose or attached cushions or pillows;

56596

(2) Is stuffed or filled in whole or in part with any filling	56597
material;	56598

(3) Is or can be stuffed or filled in whole or in part with	56599
any substance or material, concealed by fabric or any other	56600
covering.	56601

"Seating furniture" includes the cushions or pillows	56602
belonging to or forming a part of the furniture, the structural	56603
unit, and the filling material and its container or covering.	56604

(D) "Seating furniture" does not include, except if intended	56605
for use by children or in facilities designed for the care or	56606
treatment of humans, any of the following:	56607

(1) Cushions or pads intended solely for outdoor use;

56608

(2) Any article with a smooth surface that contains no more	56609
than one-half inch of filling material, if that article does not	56610
have an upholstered horizontal surface meeting an upholstered	56611
vertical surface;	56612

(3) Any article manufactured solely for recreational use or	56613
physical fitness purposes, including weight-lifting benches,	56614
gymnasium mats or pads, and sidehorses.	56615

(E) "Filling material" means cotton, wool, kapok, feathers,	56616
down, hair, liquid, or any other natural or artificial material or	56617
substance that is used or can be used as stuffing in seating	56618
furniture.	56619

Sec. 3737.88. (A)(1) The fire marshal shall have	56620
responsibility for implementation of the underground storage tank	56621
program and corrective action program for releases of petroleum	56622
from underground storage tanks established by the "Resource	56623
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	56624
6901, as amended. To implement the programs, the fire marshal may	56625
adopt, amend, and rescind such rules, conduct such inspections,	56626
require annual registration of underground storage tanks, issue	56627
such citations and orders to enforce those rules, enter into	56628
environmental covenants in accordance with sections 5301.80 to	56629
5301.92 of the Revised Code, and perform such other duties, as are	56630
consistent with those programs. The fire marshal, by rule, may	56631
delegate the authority to conduct inspections of underground	56632
storage tanks to certified fire safety inspectors.	56633

(2) In the place of any rules regarding release containment	56634
and release detection for underground storage tanks adopted under	56635
division (A)(1) of this section, the fire marshal, by rule, shall	56636
designate areas as being sensitive for the protection of human	56637
health and the environment and adopt alternative rules regarding	56638
release containment and release detection methods for new and	56639
upgraded underground storage tank systems located in those areas.	56640
In designating such areas, the fire marshal shall take into	56641
consideration such factors as soil conditions, hydrogeology, water	56642
use, and the location of public and private water supplies. Not	56643
later than July 11, 1990, the fire marshal shall file the rules	56644
required under this division with the secretary of state, director	56645
of the legislative service commission, and joint committee on	56646
agency rule review in accordance with divisions (B) and (H) of	56647
section 119.03 of the Revised Code.	56648

(3) Notwithstanding sections 3737.87 to 3737.89 of the	56649
Revised Code, a person who is not a responsible person, as	56650
determined by the fire marshal pursuant to this chapter, may	56651
conduct a voluntary action in accordance with Chapter 3746. of the	56652
Revised Code and rules adopted under it for either of the	56653
following:	56654

(a) A class C release;

56655

(b) A release, other than a class C release, that is subject	56656
to the rules adopted by the fire marshal under division (B) of	56657
section 3737.882 of the Revised Code pertaining to a corrective	56658
action, provided that both of the following apply:	56659

(i) The voluntary action also addresses hazardous substances	56660
or petroleum that is not subject to the rules adopted under	56661
division (B) of section 3737.882 of the Revised Code pertaining to	56662
a corrective action.	56663

(ii) The fire marshal has not issued an administrative order	56664
concerning the release or referred the release to the attorney	56665
general for enforcement.	56666

The director of environmental protection, pursuant to section	56667
3746.12 of the Revised Code, may issue a covenant not to sue to	56668
any person who properly completes a voluntary action with respect	56669
to any such release in accordance with Chapter 3746. of the	56670
Revised Code and rules adopted under it.	56671

(B) Before adopting any rule under this section or section	56672
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	56673
file written notice of the proposed rule with the chairperson of	56674
the state fire council, and, within sixty days after notice is	56675
filed, the council may file responses to or comments on and may	56676
recommend alternative or supplementary rules to the fire marshal.	56677
At the end of the sixty-day period or upon the filing of	56678
responses, comments, or recommendations by the council, the fire	56679
marshal may adopt the rule filed with the council or any	56680
alternative or supplementary rule recommended by the council.	56681

(C) The state fire council may recommend courses of action to	56682
be taken by the fire marshal in carrying out the fire marshal's	56683
duties under this section. The council shall file its	56684
recommendations in the office of the fire marshal, and, within	56685
sixty days after the recommendations are filed, the fire marshal	56686
shall file with the chairperson of the council comments on, and	56687
proposed action in response to, the recommendations.	56688

(D) For the purpose of sections 3737.87 to 3737.89 of the	56689
Revised Code, the fire marshal shall adopt, and may amend and	56690
rescind, rules identifying or listing hazardous substances. The	56691
rules shall be consistent with and equivalent in scope, coverage,	56692
and content to regulations identifying or listing hazardous	56693
substances adopted under the "Comprehensive Environmental	56694
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	56695
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	56696
not identify or list as a hazardous substance any hazardous waste	56697
identified or listed in rules adopted under division (A) of	56698
section 3734.12 of the Revised Code.	56699

(E) Except as provided in division (A)(3) of this section,	56700
the fire marshal shall have exclusive jurisdiction to regulate the	56701
storage, treatment, and disposal of petroleum contaminated soil	56702
generated from corrective actions undertaken in response to	56703
releases of petroleum from underground storage tank systems. The	56704
fire marshal may adopt, amend, or rescind such rules as the fire	56705
marshal considers to be necessary or appropriate to regulate the	56706
storage, treatment, or disposal of petroleum contaminated soil so	56707
generated.	56708

(F) The fire marshal shall adopt, amend, and rescind rules	56709
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	56710
accordance with Chapter 119. of the Revised Code.	56711

Sec. 3737.883. (A) As used in this section, "political	56712
subdivision" has the same meaning as in section 2744.01 of the	56713
Revised Code, but includes a community improvement corporation as	56714
that term is defined in section 1724.01 of the Revised Code.	56715

(B) A political subdivision may do any of the following for	56716
an underground storage tank located within its territorial	56717
boundaries if the responsible person is not identifiable or if the	56718
state fire marshal determines that an identified responsible	56719
person is unable to pay the costs of the action to be taken by the	56720
political subdivision:	56721

(1) Initiate, continue, or properly complete the removal of	56722
an underground storage tank system;	56723

(2) Initiate, continue, or properly complete an assessment of	56724
the site of an underground storage tank or the site of an	56725
underground storage tank system;	56726

(3) Initiate, continue, or properly complete a corrective	56727
action.	56728

(C) The state fire marshal or the state fire marshal's	56729
designee shall administer an underground storage tank revolving	56730
loan program under which the state fire marshal issues loans to	56731
assist with the costs of actions described in divisions (B)(1) to	56732
(3) of this section. The state fire marshal shall issue a loan	56733
under the program to a political subdivision that meets the	56734
application requirements of division (D) of this section and	56735
agrees to written terms and conditions of the loan with the state	56736
fire marshal.	56737

(D) A political subdivision shall apply to the state fire	56738
marshal for a loan under this section on a form prescribed by the	56739
state fire marshal. In the application, the political subdivision	56740
shall do all of the following:	56741

(1) Describe the action for which it is requesting a loan;

56742

(2) State the requested loan amount;

56743

(3) Explain how the political subdivision plans to spend, of	56744
its own funds, in undertaking the action for which the loan is	56745
requested, an amount equal to at least five per cent of the	56746
requested loan amount;	56747

(4) Provide any other information requested by the state fire	56748
marshal.	56749

(E) The state fire marshal shall consult with the director of	56750
development services before issuing any loan under this section.	56751

(F) A loan issued under this section shall not carry	56752
interest. No loan issued under this section shall have a term of	56753
more than ten years. The political subdivision shall repay a loan	56754
issued under this section to the state fire marshal.	56755

(G) If, at any time after the expenditure of loan funds by a	56756
political subdivision under this section, the state fire marshal	56757
or any law enforcement agency identifies the responsible person or	56758
determines, for any reason, that the previously identified	56759
responsible person was or is able to pay the costs of the action	56760
for which the loan was issued, the political subdivision may bring	56761
any appropriate proceedings against the responsible person to	56762
recover the costs incurred by the political subdivision. The	56763
proceedings may be brought in either the court of common pleas	56764
having jurisdiction where the underground storage tank is located	56765
or the court of common pleas of Franklin county.	56766

(H)(1) The state fire marshal shall adopt and may amend and	56767
rescind rules as necessary for the administration and operation of	56768
the underground storage tank revolving loan program. The rules may	56769
do any of the following:	56770

(a) Further define the entities considered "political	56771
subdivisions" eligible to receive loans;	56772

(b) Establish qualifying criteria for loan recipients;

56773

(c) Establish criteria for awarding loans, loan amounts, loan	56774
payment terms, and permissible expenditures of loan funds,	56775
including methods that the state fire marshal may use to verify	56776
the proper use of loan funds or to obtain reimbursement for or the	56777
return of improperly used loan funds.	56778

(2) The state fire marshal may adopt and may amend and	56779
rescind rules for the issuance of emergency underground storage	56780
tank revolving loans to qualifying entities during a natural	56781
disaster or another similar event as defined in the rules.	56782

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	56783
section 3123.43 of the Revised Code, the state fire marshal shall	56784
comply with sections 3123.41 to 3123.50 of the Revised Code and	56785
any applicable rules adopted under section 3123.63 of the Revised	56786
Code with respect to a certificate issued pursuant to section	56787
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	56788

Sec. 3742.30. Each child at risk of lead poisoning shall	56789
undergo a blood lead screening test to determine whether the child	56790
has lead poisoning. The at-risk children shall undergo the test at	56791
times determined by rules the director of health shall adopt in	56792
accordance with Chapter 119. of the Revised Code that are	56793
consistent with the guidelines established by the centers for	56794
disease control and prevention in the public health service of the	56795
United States department of health and human services. The rules	56796
shall specify which children are at risk of lead poisoning.	56797

Neither this section nor the rules adopted under it affect	56798
the coverage of blood lead screening tests by any publicly funded	56799
health program, including the medicaid program ~~established by~~	56800
~~Chapter 5111. of the Revised Code~~. Neither this section nor the	56801
rules adopted under it apply to a child if a parent of the child	56802
objects to the test on the grounds that the test conflicts with	56803
the parent's religious tenets and practices.	56804

Sec. 3742.31. (A) The director of health shall establish,	56805
promote, and maintain a child lead poisoning prevention program.	56806
The program shall provide statewide coordination of screening,	56807
diagnosis, and treatment services for children under age six,	56808
including both of the following:	56809

(1) Collecting the social security numbers of all children	56810
screened, diagnosed, or treated as part of the program's case	56811
management system;	56812

(2) Disclosing to the ~~office of medical assistance in the~~	56813
department of ~~job and family services~~medicaid on at least an	56814
annual basis the identity and lead screening test results of each	56815
child screened pursuant to section 3742.30 of the Revised Code.	56816
The director shall collect and disseminate information relating to	56817
child lead poisoning and controlling lead hazards.	56818

(B) The director of health shall operate the child lead	56819
poisoning prevention program in accordance with rules adopted	56820
under section 3742.50 of the Revised Code. The director may enter	56821
into an interagency agreement with one or more other state	56822
agencies to perform one or more of the program's duties. The	56823
director shall supervise and direct an agency's performance of	56824
such a duty.	56825

Sec. 3742.32. (A) The director of health shall appoint an	56826
advisory council to assist in the ongoing development and	56827
implementation of the child lead poisoning prevention program	56828
created under section 3742.31 of the Revised Code. The advisory	56829
council shall consist of the following members:	56830

(1) A representative of the ~~office of medical assistance in~~	56831
~~the~~ department of ~~job and family services~~medicaid;	56832

(2) A representative of the bureau of child care in the	56833
department of job and family services;	56834

(3) A representative of the department of environmental	56835
protection;	56836

(4) A representative of the department of education;

56837

(5) A representative of the ~~department of~~ development	56838
services agency;	56839

(6) A representative of the Ohio apartment owner's	56840
association;	56841

(7) A representative of the Ohio help end lead poisoning	56842
coalition;	56843

(8) A representative of the Ohio environmental health	56844
association;	56845

(9) An Ohio representative of the national paint and coatings	56846
association.	56847

(B) The advisory council shall do both of the following:

56848

(1) Provide the director with advice regarding the policies	56849
the child lead poisoning prevention program should emphasize,	56850
preferred methods of financing the program, and any other matter	56851
relevant to the program's operation;	56852

(2) Submit a report of the state's activities to the	56853
governor, president of the senate, and speaker of the house of	56854
representatives on or before the first day of March each year.	56855

(C) The advisory council is not subject to sections 101.82 to	56856
101.87 of the Revised Code.	56857

Sec. 3742.51. (A) There is hereby created in the state	56858
treasury the lead poisoning prevention fund. The fund shall	56859
include all moneys appropriated to the department of health for	56860
the administration and enforcement of sections 3742.31 to 3742.50	56861
of the Revised Code and the rules adopted under those sections.	56862
Any grants, contributions, or other moneys collected by the	56863
department for purposes of preventing lead poisoning shall be	56864
deposited in the state treasury to the credit of the fund.	56865

(B) Moneys in the fund shall be used solely for the purposes	56866
of the child lead poisoning prevention program established under	56867
section 3742.31 of the Revised Code, including providing financial	56868
assistance to individuals who are unable to pay for the following:	56869

(1) Costs associated with obtaining lead tests and lead	56870
poisoning treatment for children under six years of age who are	56871
not covered by private medical insurance or are underinsured, are	56872
not eligible for the medicaid program ~~established under Chapter~~	56873
~~5111. of the Revised Code~~ or any other government health program,	56874
and do not have access to another source of funds to cover the	56875
cost of lead tests and any indicated treatments;	56876

(2) Costs associated with having lead abatement performed or	56877
having the preventive treatments specified in section 3742.41 of	56878
the Revised Code performed.	56879

Sec. 3745.11. (A) Applicants for and holders of permits,	56880
licenses, variances, plan approvals, and certifications issued by	56881
the director of environmental protection pursuant to Chapters	56882
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	56883
to the environmental protection agency for each such issuance and	56884
each application for an issuance as provided by this section. No	56885
fee shall be charged for any issuance for which no application has	56886
been submitted to the director.	56887

(B) Except as otherwise provided in division (C)(2) of this	56888
section, beginning July 1, 1994, each person who owns or operates	56889
an air contaminant source and who is required to apply for and	56890
obtain a Title V permit under section 3704.036 of the Revised Code	56891
shall pay the fees set forth in this division. For the purposes of	56892
this division, total emissions of air contaminants may be	56893
calculated using engineering calculations, emissions factors,	56894
material balance calculations, or performance testing procedures,	56895
as authorized by the director.	56896

The following fees shall be assessed on the total actual	56897
emissions from a source in tons per year of the regulated	56898
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	56899
organic compounds, and lead:	56900

(1) Fifteen dollars per ton on the total actual emissions of	56901
each such regulated pollutant during the period July through	56902
December 1993, to be collected no sooner than July 1, 1994;	56903

(2) Twenty dollars per ton on the total actual emissions of	56904
each such regulated pollutant during calendar year 1994, to be	56905
collected no sooner than April 15, 1995;	56906

(3) Twenty-five dollars per ton on the total actual emissions	56907
of each such regulated pollutant in calendar year 1995, and each	56908
subsequent calendar year, to be collected no sooner than the	56909
fifteenth day of April of the year next succeeding the calendar	56910
year in which the emissions occurred.	56911

The fees levied under this division do not apply to that	56912
portion of the emissions of a regulated pollutant at a facility	56913
that exceed four thousand tons during a calendar year.	56914

(C)(1) The fees assessed under division (B) of this section	56915
are for the purpose of providing funding for the Title V permit	56916
program.	56917

(2) The fees assessed under division (B) of this section do	56918
not apply to emissions from any electric generating unit	56919
designated as a Phase I unit under Title IV of the federal Clean	56920
Air Act prior to calendar year 2000. Those fees shall be assessed	56921
on the emissions from such a generating unit commencing in	56922
calendar year 2001 based upon the total actual emissions from the	56923
generating unit during calendar year 2000 and shall continue to be	56924
assessed each subsequent calendar year based on the total actual	56925
emissions from the generating unit during the preceding calendar	56926
year.	56927

(3) The director shall issue invoices to owners or operators	56928
of air contaminant sources who are required to pay a fee assessed	56929
under division (B) or (D) of this section. Any such invoice shall	56930
be issued no sooner than the applicable date when the fee first	56931
may be collected in a year under the applicable division, shall	56932
identify the nature and amount of the fee assessed, and shall	56933
indicate that the fee is required to be paid within thirty days	56934
after the issuance of the invoice.	56935

(D)(1) Except as provided in division (D)(3) of this section,	56936
from January 1, 1994, through December 31, 2003, each person who	56937
owns or operates an air contaminant source; who is required to	56938
apply for a permit to operate pursuant to rules adopted under	56939
division (G), or a variance pursuant to division (H), of section	56940
3704.03 of the Revised Code; and who is not required to apply for	56941
and obtain a Title V permit under section 3704.036 of the Revised	56942
Code shall pay a single fee based upon the sum of the actual	56943
annual emissions from the facility of the regulated pollutants	56944
particulate matter, sulfur dioxide, nitrogen oxides, organic	56945
compounds, and lead in accordance with the following schedule:	56946

Total tons per year		56947
of regulated pollutants	Annual fee	56948
emitted	per facility	56949
More than 0, but less than 50	$ 75	56950
50 or more, but less than 100	300	56951
100 or more	700	56952

(2) Except as provided in division (D)(3) of this section,	56953
beginning January 1, 2004, each person who owns or operates an air	56954
contaminant source; who is required to apply for a permit to	56955
operate pursuant to rules adopted under division (G), or a	56956
variance pursuant to division (H), of section 3704.03 of the	56957
Revised Code; and who is not required to apply for and obtain a	56958
Title V permit under section 3704.03 of the Revised Code shall pay	56959
a single fee based upon the sum of the actual annual emissions	56960
from the facility of the regulated pollutants particulate matter,	56961
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	56962
accordance with the following schedule:	56963

Total tons per year		56964
of regulated pollutants	Annual fee	56965
emitted	per facility	56966
More than 0, but less than 10	$ 100	56967
10 or more, but less than 50	200	56968
50 or more, but less than 100	300	56969
100 or more	700	56970

(3)(a) As used in division (D) of this section, "synthetic	56971
minor facility" means a facility for which one or more permits to	56972
install or permits to operate have been issued for the air	56973
contaminant sources at the facility that include terms and	56974
conditions that lower the facility's potential to emit air	56975
contaminants below the major source thresholds established in	56976
rules adopted under section 3704.036 of the Revised Code.	56977

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	56978
each person who owns or operates a synthetic minor facility shall	56979
pay an annual fee based on the sum of the actual annual emissions	56980
from the facility of particulate matter, sulfur dioxide, nitrogen	56981
dioxide, organic compounds, and lead in accordance with the	56982
following schedule:	56983

Combined total tons		56984
per year of all regulated	Annual fee	56985
pollutants emitted	per facility	56986

Less than 10	$ 170	56987
10 or more, but less than 20	340	56988
20 or more, but less than 30	670	56989
30 or more, but less than 40	1,010	56990
40 or more, but less than 50	1,340	56991
50 or more, but less than 60	1,680	56992
60 or more, but less than 70	2,010	56993
70 or more, but less than 80	2,350	56994
80 or more, but less than 90	2,680	56995
90 or more, but less than 100	3,020	56996
100 or more	3,350	56997

(4) The fees assessed under division (D)(1) of this section	56998
shall be collected annually no sooner than the fifteenth day of	56999
April, commencing in 1995. The fees assessed under division (D)(2)	57000
of this section shall be collected annually no sooner than the	57001
fifteenth day of April, commencing in 2005. The fees assessed	57002
under division (D)(3) of this section shall be collected no sooner	57003
than the fifteenth day of April, commencing in 2000. The fees	57004
assessed under division (D) of this section in a calendar year	57005
shall be based upon the sum of the actual emissions of those	57006
regulated pollutants during the preceding calendar year. For the	57007
purpose of division (D) of this section, emissions of air	57008
contaminants may be calculated using engineering calculations,	57009
emission factors, material balance calculations, or performance	57010
testing procedures, as authorized by the director. The director,	57011
by rule, may require persons who are required to pay the fees	57012
assessed under division (D) of this section to pay those fees	57013
biennially rather than annually.	57014

(E)(1) Consistent with the need to cover the reasonable costs	57015
of the Title V permit program, the director annually shall	57016
increase the fees prescribed in division (B) of this section by	57017
the percentage, if any, by which the consumer price index for the	57018
most recent calendar year ending before the beginning of a year	57019
exceeds the consumer price index for calendar year 1989. Upon	57020
calculating an increase in fees authorized by division (E)(1) of	57021
this section, the director shall compile revised fee schedules for	57022
the purposes of division (B) of this section and shall make the	57023
revised schedules available to persons required to pay the fees	57024
assessed under that division and to the public.	57025

(2) For the purposes of division (E)(1) of this section:

57026

(a) The consumer price index for any year is the average of	57027
the consumer price index for all urban consumers published by the	57028
United States department of labor as of the close of the	57029
twelve-month period ending on the thirty-first day of August of	57030
that year.	57031

(b) If the 1989 consumer price index is revised, the director	57032
shall use the revision of the consumer price index that is most	57033
consistent with that for calendar year 1989.	57034

(F) Each person who is issued a permit to install pursuant to	57035
rules adopted under division (F) of section 3704.03 of the Revised	57036
Code on or after July 1, 2003, shall pay the fees specified in the	57037
following schedules:	57038

(1) Fuel-burning equipment (boilers, furnaces, or process	57039
heaters used in the process of burning fuel for the primary	57040
purpose of producing heat or power by indirect heat transfer)	57041

Input capacity (maximum)		57042
(million British thermal units per hour)	Permit to install	57043
Greater than 0, but less than 10	$ 200	57044
10 or more, but less than 100	400	57045
100 or more, but less than 300	1000	57046
300 or more, but less than 500	2250	57047
500 or more, but less than 1000	3750	57048
1000 or more, but less than 5000	6000	57049
5000 or more	9000	57050

Units burning exclusively natural gas, number two fuel oil,	57051
or both shall be assessed a fee that is one-half the applicable	57052
amount shown in division (F)(1) of this section.	57053

(2) Combustion turbines and stationary internal combustion	57054
engines designed to generate electricity	57055

Generating capacity (mega watts)	Permit to install	57056
0 or more, but less than 10	$ 25	57057
10 or more, but less than 25	150	57058
25 or more, but less than 50	300	57059
50 or more, but less than 100	500	57060
100 or more, but less than 250	1000	57061
250 or more	2000	57062

(3) Incinerators

57063

Input capacity (pounds per hour)	Permit to install	57064
0 to 100	$ 100	57065
101 to 500	500	57066
501 to 2000	1000	57067
2001 to 20,000	1500	57068
more than 20,000	3750	57069

(4)(a) Process

57070

Process weight rate (pounds per hour)	Permit to install	57071
0 to 1000	$ 200	57072
1001 to 5000	500	57073
5001 to 10,000	750	57074
10,001 to 50,000	1000	57075
more than 50,000	1250	57076

In any process where process weight rate cannot be	57077
ascertained, the minimum fee shall be assessed. A boiler, furnace,	57078
combustion turbine, stationary internal combustion engine, or	57079
process heater designed to provide direct heat or power to a	57080
process not designed to generate electricity shall be assessed a	57081
fee established in division (F)(4)(a) of this section. A	57082
combustion turbine or stationary internal combustion engine	57083
designed to generate electricity shall be assessed a fee	57084
established in division (F)(2) of this section.	57085

(b) Notwithstanding division (F)(4)(a) of this section, any	57086
person issued a permit to install pursuant to rules adopted under	57087
division (F) of section 3704.03 of the Revised Code shall pay the	57088
fees set forth in division (F)(4)(c) of this section for a process	57089
used in any of the following industries, as identified by the	57090
applicable two-digit, three-digit, or four-digit standard	57091
industrial classification code according to the Standard	57092
Industrial Classification Manual published by the United States	57093
office of management and budget in the executive office of the	57094
president, 1987, as revised:	57095

Major group 10, metal mining;

57096

Major group 12, coal mining;

57097

Major group 14, mining and quarrying of nonmetallic minerals;

57098

Industry group 204, grain mill products;

57099

2873 Nitrogen fertilizers;

57100

2874 Phosphatic fertilizers;

57101

3281 Cut stone and stone products;

57102

3295 Minerals and earth, ground or otherwise treated;

57103

4221 Grain elevators (storage only);

57104

5159 Farm related raw materials;

57105

5261 Retail nurseries and lawn and garden supply stores.

57106

(c) The fees set forth in the following schedule apply to the	57107
issuance of a permit to install pursuant to rules adopted under	57108
division (F) of section 3704.03 of the Revised Code for a process	57109
identified in division (F)(4)(b) of this section:	57110

Process weight rate (pounds per hour)	Permit to install	57111
0 to 10,000	$ 200	57112
10,001 to 50,000	400	57113
50,001 to 100,000	500	57114
100,001 to 200,000	600	57115
200,001 to 400,000	750	57116
400,001 or more	900	57117

(5) Storage tanks

57118

Gallons (maximum useful capacity)	Permit to install	57119
0 to 20,000	$ 100	57120
20,001 to 40,000	150	57121
40,001 to 100,000	250	57122
100,001 to 500,000	400	57123
500,001 or greater	750	57124

(6) Gasoline/fuel dispensing facilities

57125

For each gasoline/fuel		57126
dispensing facility (includes all	Permit to install	57127
units at the facility)	$ 100	57128

(7) Dry cleaning facilities

57129

For each dry cleaning		57130
facility (includes all units	Permit to install	57131
at the facility)	$ 100	57132

(8) Registration status

57133

For each source covered			Permit to install			57134
by registration status			$ 75			57135

(G) An owner or operator who is responsible for an asbestos	57136
demolition or renovation project pursuant to rules adopted under	57137
section 3704.03 of the Revised Code shall pay the fees set forth	57138
in the following schedule:	57139

Action	Fee	57140
Each notification	$75	57141
Asbestos removal	$3/unit	57142
Asbestos cleanup	$4/cubic yard	57143

For purposes of this division, "unit" means any combination of	57144
linear feet or square feet equal to fifty.	57145

(H) A person who is issued an extension of time for a permit	57146
to install an air contaminant source pursuant to rules adopted	57147
under division (F) of section 3704.03 of the Revised Code shall	57148
pay a fee equal to one-half the fee originally assessed for the	57149
permit to install under this section, except that the fee for such	57150
an extension shall not exceed two hundred dollars.	57151

(I) A person who is issued a modification to a permit to	57152
install an air contaminant source pursuant to rules adopted under	57153
section 3704.03 of the Revised Code shall pay a fee equal to	57154
one-half of the fee that would be assessed under this section to	57155
obtain a permit to install the source. The fee assessed by this	57156
division only applies to modifications that are initiated by the	57157
owner or operator of the source and shall not exceed two thousand	57158
dollars.	57159

(J) Notwithstanding division (F) of this section, a person	57160
who applies for or obtains a permit to install pursuant to rules	57161
adopted under division (F) of section 3704.03 of the Revised Code	57162
after the date actual construction of the source began shall pay a	57163
fee for the permit to install that is equal to twice the fee that	57164
otherwise would be assessed under the applicable division unless	57165
the applicant received authorization to begin construction under	57166
division (W) of section 3704.03 of the Revised Code. This division	57167
only applies to sources for which actual construction of the	57168
source begins on or after July 1, 1993. The imposition or payment	57169
of the fee established in this division does not preclude the	57170
director from taking any administrative or judicial enforcement	57171
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	57172
of the Revised Code, or a rule adopted under any of them, in	57173
connection with a violation of rules adopted under division (F) of	57174
section 3704.03 of the Revised Code.	57175

As used in this division, "actual construction of the source"	57176
means the initiation of physical on-site construction activities	57177
in connection with improvements to the source that are permanent	57178
in nature, including, without limitation, the installation of	57179
building supports and foundations and the laying of underground	57180
pipework.	57181

(K)(1) Money received under division (B) of this section	57182
shall be deposited in the state treasury to the credit of the	57183
Title V clean air fund created in section 3704.035 of the Revised	57184
Code. Annually, fifty cents per ton of each fee assessed under	57185
division (B) of this section on actual emissions from a source and	57186
received by the environmental protection agency pursuant to that	57187
division shall be transferred using an interstate transfer voucher	57188
to the state treasury to the credit of the small business	57189
assistance fund created in section 3706.19 of the Revised Code. In	57190
addition, annually, the amount of money necessary for the	57191
operation of the office of ombudsperson as determined under	57192
division (B) of that section shall be transferred to the state	57193
treasury to the credit of the small business ombudsperson fund	57194
created by that section.	57195

(2) Money received by the agency pursuant to divisions (D),	57196
(F), (G), (H), (I), and (J) of this section shall be deposited in	57197
the state treasury to the credit of the non-Title V clean air fund	57198
created in section 3704.035 of the Revised Code.	57199

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	57200
or (c) of this section, a person issued a water discharge permit	57201
or renewal of a water discharge permit pursuant to Chapter 6111.	57202
of the Revised Code shall pay a fee based on each point source to	57203
which the issuance is applicable in accordance with the following	57204
schedule:	57205

Design flow discharge (gallons per day)	Fee	57206
0 to 1000	$ 0	57207
1,001 to 5000	100	57208
5,001 to 50,000	200	57209
50,001 to 100,000	300	57210
100,001 to 300,000	525	57211
over 300,000	750	57212

(b) Notwithstanding the fee schedule specified in division	57213
(L)(1)(a) of this section, the fee for a water discharge permit	57214
that is applicable to coal mining operations regulated under	57215
Chapter 1513. of the Revised Code shall be two hundred fifty	57216
dollars per mine.	57217

(c) Notwithstanding the fee schedule specified in division	57218
(L)(1)(a) of this section, the fee for a water discharge permit	57219
for a public discharger identified by I in the third character of	57220
the permittee's NPDES permit number shall not exceed seven hundred	57221
fifty dollars.	57222

(2) A person applying for a plan approval for a wastewater	57223
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	57224
of the Revised Code shall pay a fee of one hundred dollars plus	57225
sixty-five one-hundredths of one per cent of the estimated project	57226
cost through June 30, ~~2014~~2016, and one hundred dollars plus	57227
two-tenths of one per cent of the estimated project cost on and	57228
after July 1, ~~2014~~2016, except that the total fee shall not	57229
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	57230
five thousand dollars on and after July 1, ~~2014~~2016. The fee	57231
shall be paid at the time the application is submitted.	57232

(3) A person issued a modification of a water discharge	57233
permit shall pay a fee equal to one-half the fee that otherwise	57234
would be charged for a water discharge permit, except that the fee	57235
for the modification shall not exceed four hundred dollars.	57236

(4) A person who has entered into an agreement with the	57237
director under section 6111.14 of the Revised Code shall pay an	57238
administrative service fee for each plan submitted under that	57239
section for approval that shall not exceed the minimum amount	57240
necessary to pay administrative costs directly attributable to	57241
processing plan approvals. The director annually shall calculate	57242
the fee and shall notify all persons who have entered into	57243
agreements under that section, or who have applied for agreements,	57244
of the amount of the fee.	57245

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	57246
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	57247
pursuant to Chapter 6111. of the Revised Code with an average	57248
daily discharge flow of five thousand gallons or more shall pay a	57249
nonrefundable annual discharge fee. Any person who fails to pay	57250
the fee at that time shall pay an additional amount that equals	57251
ten per cent of the required annual discharge fee.	57252

(ii) The billing year for the annual discharge fee	57253
established in division (L)(5)(a)(i) of this section shall consist	57254
of a twelve-month period beginning on the first day of January of	57255
the year preceding the date when the annual discharge fee is due.	57256
In the case of an existing source that permanently ceases to	57257
discharge during a billing year, the director shall reduce the	57258
annual discharge fee, including the surcharge applicable to	57259
certain industrial facilities pursuant to division (L)(5)(c) of	57260
this section, by one-twelfth for each full month during the	57261
billing year that the source was not discharging, but only if the	57262
person holding the NPDES discharge permit for the source notifies	57263
the director in writing, not later than the first day of October	57264
of the billing year, of the circumstances causing the cessation of	57265
discharge.	57266

(iii) The annual discharge fee established in division	57267
(L)(5)(a)(i) of this section, except for the surcharge applicable	57268
to certain industrial facilities pursuant to division (L)(5)(c) of	57269
this section, shall be based upon the average daily discharge flow	57270
in gallons per day calculated using first day of May through	57271
thirty-first day of October flow data for the period two years	57272
prior to the date on which the fee is due. In the case of NPDES	57273
discharge permits for new sources, the fee shall be calculated	57274
using the average daily design flow of the facility until actual	57275
average daily discharge flow values are available for the time	57276
period specified in division (L)(5)(a)(iii) of this section. The	57277
annual discharge fee may be prorated for a new source as described	57278
in division (L)(5)(a)(ii) of this section.	57279

(b) An NPDES permit holder that is a public discharger shall	57280
pay the fee specified in the following schedule:	57281

Average daily	Fee due by	57282
discharge flow	January 30,	57283
	~~2012~~ 2014, and	57284
	January 30, ~~2013~~ 2015	57285

5,000 to 49,999	$ 200	57286
50,000 to 100,000	500	57287
100,001 to 250,000	1,050	57288
250,001 to 1,000,000	2,600	57289
1,000,001 to 5,000,000	5,200	57290
5,000,001 to 10,000,000	10,350	57291
10,000,001 to 20,000,000	15,550	57292
20,000,001 to 50,000,000	25,900	57293
50,000,001 to 100,000,000	41,400	57294
100,000,001 or more	62,100	57295

Public dischargers owning or operating two or more publicly	57296
owned treatment works serving the same political subdivision, as	57297
"treatment works" is defined in section 6111.01 of the Revised	57298
Code, and that serve exclusively political subdivisions having a	57299
population of fewer than one hundred thousand shall pay an annual	57300
discharge fee under division (L)(5)(b) of this section that is	57301
based on the combined average daily discharge flow of the	57302
treatment works.	57303

(c) An NPDES permit holder that is an industrial discharger,	57304
other than a coal mining operator identified by P in the third	57305
character of the permittee's NPDES permit number, shall pay the	57306
fee specified in the following schedule:	57307

Average daily	Fee due by	57308
discharge flow	January 30,	57309
	~~2012~~ 2014, and	57310
	January 30, ~~2013~~ 2015	57311

5,000 to 49,999	$ 250	57312
50,000 to 250,000	1,200	57313
250,001 to 1,000,000	2,950	57314
1,000,001 to 5,000,000	5,850	57315
5,000,001 to 10,000,000	8,800	57316
10,000,001 to 20,000,000	11,700	57317
20,000,001 to 100,000,000	14,050	57318
100,000,001 to 250,000,000	16,400	57319
250,000,001 or more	18,700	57320

In addition to the fee specified in the above schedule, an	57321
NPDES permit holder that is an industrial discharger classified as	57322
a major discharger during all or part of the annual discharge fee	57323
billing year specified in division (L)(5)(a)(ii) of this section	57324
shall pay a nonrefundable annual surcharge of seven thousand five	57325
hundred dollars not later than January 30, ~~2012~~2014, and not	57326
later than January 30, ~~2013~~2015. Any person who fails to pay the	57327
surcharge at that time shall pay an additional amount that equals	57328
ten per cent of the amount of the surcharge.	57329

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	57330
section, a public discharger identified by I in the third	57331
character of the permittee's NPDES permit number and an industrial	57332
discharger identified by I, J, L, V, W, X, Y, or Z in the third	57333
character of the permittee's NPDES permit number shall pay a	57334
nonrefundable annual discharge fee of one hundred eighty dollars	57335
not later than January 30, ~~2012~~2014, and not later than January	57336
30, ~~2013~~2015. Any person who fails to pay the fee at that time	57337
shall pay an additional amount that equals ten per cent of the	57338
required fee.	57339

(6) Each person obtaining a national pollutant discharge	57340
elimination system general or individual permit for municipal	57341
storm water discharge shall pay a nonrefundable storm water	57342
discharge fee of one hundred dollars per square mile of area	57343
permitted. The fee shall not exceed ten thousand dollars and shall	57344
be payable on or before January 30, 2004, and the thirtieth day of	57345
January of each year thereafter. Any person who fails to pay the	57346
fee on the date specified in division (L)(6) of this section shall	57347
pay an additional amount per year equal to ten per cent of the	57348
annual fee that is unpaid.	57349

(7) The director shall transmit all moneys collected under	57350
division (L) of this section to the treasurer of state for deposit	57351
into the state treasury to the credit of the surface water	57352
protection fund created in section 6111.038 of the Revised Code.	57353

(8) As used in division (L) of this section:

57354

(a) "NPDES" means the federally approved national pollutant	57355
discharge elimination system program for issuing, modifying,	57356
revoking, reissuing, terminating, monitoring, and enforcing	57357
permits and imposing and enforcing pretreatment requirements under	57358
Chapter 6111. of the Revised Code and rules adopted under it.	57359

(b) "Public discharger" means any holder of an NPDES permit	57360
identified by P in the second character of the NPDES permit number	57361
assigned by the director.	57362

(c) "Industrial discharger" means any holder of an NPDES	57363
permit identified by I in the second character of the NPDES permit	57364
number assigned by the director.	57365

(d) "Major discharger" means any holder of an NPDES permit	57366
classified as major by the regional administrator of the United	57367
States environmental protection agency in conjunction with the	57368
director.	57369

(M) Through June 30, ~~2014~~2016, a person applying for a	57370
license or license renewal to operate a public water system under	57371
section 6109.21 of the Revised Code shall pay the appropriate fee	57372
established under this division at the time of application to the	57373
director. Any person who fails to pay the fee at that time shall	57374
pay an additional amount that equals ten per cent of the required	57375
fee. The director shall transmit all moneys collected under this	57376
division to the treasurer of state for deposit into the drinking	57377
water protection fund created in section 6109.30 of the Revised	57378
Code.	57379

Except as provided in ~~division~~divisions (M)(4) and (5) of	57380
this section, fees required under this division shall be	57381
calculated and paid in accordance with the following schedule:	57382

(1) For the initial license required under section 6109.21 of	57383
the Revised Code for any public water system that is a community	57384
water system as defined in section 6109.01 of the Revised Code,	57385
and for each license renewal required for such a system prior to	57386
January 31, ~~2014~~2016, the fee is:	57387

Number of service connections		Fee amount	57388
	Not more than 49	$ 112	57389
	50 to 99	176	57390

Number of service connections		Average cost per connection	57391
	100 to 2,499	$ 1.92	57392
	2,500 to 4,999	1.48	57393
	5,000 to 7,499	1.42	57394
	7,500 to 9,999	1.34	57395
	10,000 to 14,999	1.16	57396
	15,000 to 24,999	1.10	57397
	25,000 to 49,999	1.04	57398
	50,000 to 99,999	.92	57399
	100,000 to 149,999	.86	57400
	150,000 to 199,999	.80	57401
	200,000 or more	.76	57402

A public water system may determine how it will pay the total	57403
amount of the fee calculated under division (M)(1) of this	57404
section, including the assessment of additional user fees that may	57405
be assessed on a volumetric basis.	57406

As used in division (M)(1) of this section, "service	57407
connection" means the number of active or inactive pipes,	57408
goosenecks, pigtails, and any other fittings connecting a water	57409
main to any building outlet.	57410

(2) For the initial license required under section 6109.21 of	57411
the Revised Code for any public water system that is not a	57412
community water system and serves a nontransient population, and	57413
for each license renewal required for such a system prior to	57414
January 31, ~~2014~~2016, the fee is:	57415

Population served	Fee amount	57416
Fewer than 150	$ 112	57417
150 to 299	176	57418
300 to 749	384	57419
750 to 1,499	628	57420
1,500 to 2,999	1,268	57421
3,000 to 7,499	2,816	57422
7,500 to 14,999	5,510	57423
15,000 to 22,499	9,048	57424
22,500 to 29,999	12,430	57425
30,000 or more	16,820	57426

As used in division (M)(2) of this section, "population	57427
served" means the total number of individuals having access to the	57428
water supply during a twenty-four-hour period for at least sixty	57429
days during any calendar year. In the absence of a specific	57430
population count, that number shall be calculated at the rate of	57431
three individuals per service connection.	57432

(3) For the initial license required under section 6109.21 of	57433
the Revised Code for any public water system that is not a	57434
community water system and serves a transient population, and for	57435
each license renewal required for such a system prior to January	57436
31, ~~2014~~2016, the fee is:	57437

Number of wells or sources, other than surface water, supplying system		Fee amount	57438
	1	$112	57439
	2	112	57440
	3	176	57441
	4	278	57442
	5	568	57443
	System designated as using a		57444
	surface water source	792	57445

As used in division (M)(3) of this section, "number of wells	57446
or sources, other than surface water, supplying system" means	57447
those wells or sources that are physically connected to the	57448
plumbing system serving the public water system.	57449

(4) A public water system designated as using a surface water	57450
source shall pay a fee of seven hundred ninety-two dollars or the	57451
amount calculated under division (M)(1) or (2) of this section,	57452
whichever is greater.	57453

(5) An applicant for an initial license who is proposing to	57454
operate a new public water supply system shall submit a fee that	57455
equals a prorated amount of the appropriate fee for the remainder	57456
of the licensing year.	57457

(N)(1) A person applying for a plan approval for a public	57458
water supply system under section 6109.07 of the Revised Code	57459
shall pay a fee of one hundred fifty dollars plus thirty-five	57460
hundredths of one per cent of the estimated project cost, except	57461
that the total fee shall not exceed twenty thousand dollars	57462
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	57463
after July 1, ~~2014~~2016. The fee shall be paid at the time the	57464
application is submitted.	57465

(2) A person who has entered into an agreement with the	57466
director under division (A)(2) of section 6109.07 of the Revised	57467
Code shall pay an administrative service fee for each plan	57468
submitted under that section for approval that shall not exceed	57469
the minimum amount necessary to pay administrative costs directly	57470
attributable to processing plan approvals. The director annually	57471
shall calculate the fee and shall notify all persons that have	57472
entered into agreements under that division, or who have applied	57473
for agreements, of the amount of the fee.	57474

(3) Through June 30, ~~2014~~2016, the following fee, on a per	57475
survey basis, shall be charged any person for services rendered by	57476
the state in the evaluation of laboratories and laboratory	57477
personnel for compliance with accepted analytical techniques and	57478
procedures established pursuant to Chapter 6109. of the Revised	57479
Code for determining the qualitative characteristics of water:	57480

microbiological			57481
	MMO-MUG	$2,000	57482
	MF	2,100	57483
	MMO-MUG and MF	2,550	57484
organic chemical		5,400	57485
trace metals		5,400	57486
standard chemistry		2,800	57487
limited chemistry		1,550	57488

On and after July 1, ~~2014~~2016, the following fee, on a per	57489
survey basis, shall be charged any such person:	57490

microbiological	$ 1,650	57491
organic chemicals	3,500	57492
trace metals	3,500	57493
standard chemistry	1,800	57494
limited chemistry	1,000	57495

The fee for those services shall be paid at the time the request	57496
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	57497
laboratory shall not be assessed a fee under this division more	57498
than once in any three-year period unless the person requests the	57499
addition of analytical methods or analysts, in which case the	57500
person shall pay eighteen hundred dollars for each additional	57501
survey requested.	57502

As used in division (N)(3) of this section:

57503

(a) "MF" means microfiltration.

57504

(b) "MMO" means minimal medium ONPG.

57505

57506

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

57507

The director shall transmit all moneys collected under this	57508
division to the treasurer of state for deposit into the drinking	57509
water protection fund created in section 6109.30 of the Revised	57510
Code.	57511

(O) Any person applying to the director to take an	57512
examination for certification as an operator of a water supply	57513
system or wastewater system under Chapter 6109. or 6111. of the	57514
Revised Code that is administered by the director, at the time the	57515
application is submitted, shall pay a fee in accordance with the	57516
following schedule through November 30, ~~2014~~2016:	57517

Class A operator	$ 80	57518
Class I operator	105	57519
Class II operator	120	57520
Class III operator	130	57521
Class IV operator	145	57522

On and after December 1, ~~2014~~2016, the applicant shall pay a	57523
fee in accordance with the following schedule:	57524

Class A operator	$ 50	57525
Class I operator	70	57526
Class II operator	80	57527
Class III operator	90	57528
Class IV operator	100	57529

Any person applying to the director for certification as an	57530
operator of a water supply system or wastewater system who has	57531
passed an examination administered by an examination provider	57532
approved by the director shall pay a certification fee of	57533
forty-five dollars.	57534

A person shall pay a biennial certification renewal fee for	57535
each applicable class of certification in accordance with the	57536
following schedule:	57537

Class A operator	$25	57538
Class I operator	35	57539
Class II operator	45	57540
Class III operator	55	57541
Class IV operator	65	57542

If a certification renewal fee is received by the director	57543
more than thirty days, but not more than one year after the	57544
expiration date of the certification, the person shall pay a	57545
certification renewal fee in accordance with the following	57546
schedule:	57547

Class A operator	$45	57548
Class I operator	55	57549
Class II operator	65	57550
Class III operator	75	57551
Class IV operator	85	57552

A person who requests a replacement certificate shall pay a	57553
fee of twenty-five dollars at the time the request is made.	57554

Any person applying to be a water supply system or wastewater	57555
treatment system examination provider shall pay an application fee	57556
of five hundred dollars. Any person approved by the director as a	57557
water supply system or wastewater treatment system examination	57558
provider shall pay an annual fee that is equal to ten per cent of	57559
the fees that the provider assesses and collects for administering	57560
water supply system or wastewater treatment system certification	57561
examinations in this state for the calendar year. The fee shall be	57562
paid not later than forty-five days after the end of a calendar	57563
year.	57564

The director shall transmit all moneys collected under this	57565
division to the treasurer of state for deposit into the drinking	57566
water protection fund created in section 6109.30 of the Revised	57567
Code.	57568

(P) Any person submitting an application for an industrial	57569
water pollution control certificate under section 6111.31 of the	57570
Revised Code, as that section existed before its repeal by H.B. 95	57571
of the 125th general assembly, shall pay a nonrefundable fee of	57572
five hundred dollars at the time the application is submitted. The	57573
director shall transmit all moneys collected under this division	57574
to the treasurer of state for deposit into the surface water	57575
protection fund created in section 6111.038 of the Revised Code. A	57576
person paying a certificate fee under this division shall not pay	57577
an application fee under division (S)(1) of this section. On and	57578
after June 26, 2003, persons shall file such applications and pay	57579
the fee as required under sections 5709.20 to 5709.27 of the	57580
Revised Code, and proceeds from the fee shall be credited as	57581
provided in section 5709.212 of the Revised Code.	57582

(Q) Except as otherwise provided in division (R) of this	57583
section, a person issued a permit by the director for a new solid	57584
waste disposal facility other than an incineration or composting	57585
facility, a new infectious waste treatment facility other than an	57586
incineration facility, or a modification of such an existing	57587
facility that includes an increase in the total disposal or	57588
treatment capacity of the facility pursuant to Chapter 3734. of	57589
the Revised Code shall pay a fee of ten dollars per thousand cubic	57590
yards of disposal or treatment capacity, or one thousand dollars,	57591
whichever is greater, except that the total fee for any such	57592
permit shall not exceed eighty thousand dollars. A person issued a	57593
modification of a permit for a solid waste disposal facility or an	57594
infectious waste treatment facility that does not involve an	57595
increase in the total disposal or treatment capacity of the	57596
facility shall pay a fee of one thousand dollars. A person issued	57597
a permit to install a new, or modify an existing, solid waste	57598
transfer facility under that chapter shall pay a fee of two	57599
thousand five hundred dollars. A person issued a permit to install	57600
a new or to modify an existing solid waste incineration or	57601
composting facility, or an existing infectious waste treatment	57602
facility using incineration as its principal method of treatment,	57603
under that chapter shall pay a fee of one thousand dollars. The	57604
increases in the permit fees under this division resulting from	57605
the amendments made by Amended Substitute House Bill 592 of the	57606
117th general assembly do not apply to any person who submitted an	57607
application for a permit to install a new, or modify an existing,	57608
solid waste disposal facility under that chapter prior to	57609
September 1, 1987; any such person shall pay the permit fee	57610
established in this division as it existed prior to June 24, 1988.	57611
In addition to the applicable permit fee under this division, a	57612
person issued a permit to install or modify a solid waste facility	57613
or an infectious waste treatment facility under that chapter who	57614
fails to pay the permit fee to the director in compliance with	57615
division (V) of this section shall pay an additional ten per cent	57616
of the amount of the fee for each week that the permit fee is	57617
late.	57618

Permit and late payment fees paid to the director under this	57619
division shall be credited to the general revenue fund.	57620

(R)(1) A person issued a registration certificate for a scrap	57621
tire collection facility under section 3734.75 of the Revised Code	57622
shall pay a fee of two hundred dollars, except that if the	57623
facility is owned or operated by a motor vehicle salvage dealer	57624
licensed under Chapter 4738. of the Revised Code, the person shall	57625
pay a fee of twenty-five dollars.	57626

(2) A person issued a registration certificate for a new	57627
scrap tire storage facility under section 3734.76 of the Revised	57628
Code shall pay a fee of three hundred dollars, except that if the	57629
facility is owned or operated by a motor vehicle salvage dealer	57630
licensed under Chapter 4738. of the Revised Code, the person shall	57631
pay a fee of twenty-five dollars.	57632

(3) A person issued a permit for a scrap tire storage	57633
facility under section 3734.76 of the Revised Code shall pay a fee	57634
of one thousand dollars, except that if the facility is owned or	57635
operated by a motor vehicle salvage dealer licensed under Chapter	57636
4738. of the Revised Code, the person shall pay a fee of fifty	57637
dollars.	57638

(4) A person issued a permit for a scrap tire monocell or	57639
monofill facility under section 3734.77 of the Revised Code shall	57640
pay a fee of ten dollars per thousand cubic yards of disposal	57641
capacity or one thousand dollars, whichever is greater, except	57642
that the total fee for any such permit shall not exceed eighty	57643
thousand dollars.	57644

(5) A person issued a registration certificate for a scrap	57645
tire recovery facility under section 3734.78 of the Revised Code	57646
shall pay a fee of one hundred dollars.	57647

(6) A person issued a permit for a scrap tire recovery	57648
facility under section 3734.78 of the Revised Code shall pay a fee	57649
of one thousand dollars.	57650

(7) In addition to the applicable registration certificate or	57651
permit fee under divisions (R)(1) to (6) of this section, a person	57652
issued a registration certificate or permit for any such scrap	57653
tire facility who fails to pay the registration certificate or	57654
permit fee to the director in compliance with division (V) of this	57655
section shall pay an additional ten per cent of the amount of the	57656
fee for each week that the fee is late.	57657

(8) The registration certificate, permit, and late payment	57658
fees paid to the director under divisions (R)(1) to (7) of this	57659
section shall be credited to the scrap tire management fund	57660
created in section 3734.82 of the Revised Code.	57661

(S)(1) Except as provided by divisions (L), (M), (N), (O),	57662
(P), and (S)(2) of this section, division (A)(2) of section	57663
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	57664
and rules adopted under division (T)(1) of this section, any	57665
person applying for a registration certificate under section	57666
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	57667
variance, or plan approval under Chapter 3734. of the Revised Code	57668
shall pay a nonrefundable fee of fifteen dollars at the time the	57669
application is submitted.	57670

Except as otherwise provided, any person applying for a	57671
permit, variance, or plan approval under Chapter 6109. or 6111. of	57672
the Revised Code shall pay a nonrefundable fee of one hundred	57673
dollars at the time the application is submitted through June 30,	57674
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	57675
the application is submitted on and after July 1, ~~2014~~2016.	57676
Except as provided in division (S)(3) of this section, through	57677
June 30, ~~2014~~2016, any person applying for a national pollutant	57678
discharge elimination system permit under Chapter 6111. of the	57679
Revised Code shall pay a nonrefundable fee of two hundred dollars	57680
at the time of application for the permit. On and after July 1,	57681
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	57682
dollars at the time of application.	57683

In addition to the application fee established under division	57684
(S)(1) of this section, any person applying for a national	57685
pollutant discharge elimination system general storm water	57686
construction permit shall pay a nonrefundable fee of twenty	57687
dollars per acre for each acre that is permitted above five acres	57688
at the time the application is submitted. However, the per acreage	57689
fee shall not exceed three hundred dollars. In addition, any	57690
person applying for a national pollutant discharge elimination	57691
system general storm water industrial permit shall pay a	57692
nonrefundable fee of one hundred fifty dollars at the time the	57693
application is submitted.	57694

The director shall transmit all moneys collected under	57695
division (S)(1) of this section pursuant to Chapter 6109. of the	57696
Revised Code to the treasurer of state for deposit into the	57697
drinking water protection fund created in section 6109.30 of the	57698
Revised Code.	57699

The director shall transmit all moneys collected under	57700
division (S)(1) of this section pursuant to Chapter 6111. of the	57701
Revised Code and under division (S)(3) of this section to the	57702
treasurer of state for deposit into the surface water protection	57703
fund created in section 6111.038 of the Revised Code.	57704

If a registration certificate is issued under section	57705
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	57706
the application fee paid shall be deducted from the amount of the	57707
registration certificate fee due under division (R)(1), (2), or	57708
(5) of this section, as applicable.	57709

If a person submits an electronic application for a	57710
registration certificate, permit, variance, or plan approval for	57711
which an application fee is established under division (S)(1) of	57712
this section, the person shall pay the applicable application fee	57713
as expeditiously as possible after the submission of the	57714
electronic application. An application for a registration	57715
certificate, permit, variance, or plan approval for which an	57716
application fee is established under division (S)(1) of this	57717
section shall not be reviewed or processed until the applicable	57718
application fee, and any other fees established under this	57719
division, are paid.	57720

(2) Division (S)(1) of this section does not apply to an	57721
application for a registration certificate for a scrap tire	57722
collection or storage facility submitted under section 3734.75 or	57723
3734.76 of the Revised Code, as applicable, if the owner or	57724
operator of the facility or proposed facility is a motor vehicle	57725
salvage dealer licensed under Chapter 4738. of the Revised Code.	57726

(3) A person applying for coverage under a national pollutant	57727
discharge elimination system general discharge permit for	57728
household sewage treatment systems shall pay the following fees:	57729

(a) A nonrefundable fee of two hundred dollars at the time of	57730
application for initial permit coverage;	57731

(b) A nonrefundable fee of one hundred dollars at the time of	57732
application for a renewal of permit coverage.	57733

(T) The director may adopt, amend, and rescind rules in	57734
accordance with Chapter 119. of the Revised Code that do all of	57735
the following:	57736

(1) Prescribe fees to be paid by applicants for and holders	57737
of any license, permit, variance, plan approval, or certification	57738
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	57739
the Revised Code that are not specifically established in this	57740
section. The fees shall be designed to defray the cost of	57741
processing, issuing, revoking, modifying, denying, and enforcing	57742
the licenses, permits, variances, plan approvals, and	57743
certifications.	57744

The director shall transmit all moneys collected under rules	57745
adopted under division (T)(1) of this section pursuant to Chapter	57746
6109. of the Revised Code to the treasurer of state for deposit	57747
into the drinking water protection fund created in section 6109.30	57748
of the Revised Code.	57749

The director shall transmit all moneys collected under rules	57750
adopted under division (T)(1) of this section pursuant to Chapter	57751
6111. of the Revised Code to the treasurer of state for deposit	57752
into the surface water protection fund created in section 6111.038	57753
of the Revised Code.	57754

(2) Exempt the state and political subdivisions thereof,	57755
including education facilities or medical facilities owned by the	57756
state or a political subdivision, or any person exempted from	57757
taxation by section 5709.07 or 5709.12 of the Revised Code, from	57758
any fee required by this section;	57759

(3) Provide for the waiver of any fee, or any part thereof,	57760
otherwise required by this section whenever the director	57761
determines that the imposition of the fee would constitute an	57762
unreasonable cost of doing business for any applicant, class of	57763
applicants, or other person subject to the fee;	57764

(4) Prescribe measures that the director considers necessary	57765
to carry out this section.	57766

(U) When the director reasonably demonstrates that the direct	57767
cost to the state associated with the issuance of a permit to	57768
install, license, variance, plan approval, or certification	57769
exceeds the fee for the issuance or review specified by this	57770
section, the director may condition the issuance or review on the	57771
payment by the person receiving the issuance or review of, in	57772
addition to the fee specified by this section, the amount, or any	57773
portion thereof, in excess of the fee specified under this	57774
section. The director shall not so condition issuances for which a	57775
fee is prescribed in division (L)(1)(b) of this section.	57776

(V) Except as provided in divisions (L), (M), and (P) of this	57777
section or unless otherwise prescribed by a rule of the director	57778
adopted pursuant to Chapter 119. of the Revised Code, all fees	57779
required by this section are payable within thirty days after the	57780
issuance of an invoice for the fee by the director or the	57781
effective date of the issuance of the license, permit, variance,	57782
plan approval, or certification. If payment is late, the person	57783
responsible for payment of the fee shall pay an additional ten per	57784
cent of the amount due for each month that it is late.	57785

(W) As used in this section, "fuel-burning equipment,"	57786
"fuel-burning equipment input capacity," "incinerator,"	57787
"incinerator input capacity," "process," "process weight rate,"	57788
"storage tank," "gasoline dispensing facility," "dry cleaning	57789
facility," "design flow discharge," and "new source treatment	57790
works" have the meanings ascribed to those terms by applicable	57791
rules or standards adopted by the director under Chapter 3704. or	57792
6111. of the Revised Code.	57793

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	57794
(J) of this section, and in any other provision of this section	57795
pertaining to fees paid pursuant to Chapter 3704. of the Revised	57796
Code:	57797

(1) "Facility," "federal Clean Air Act," "person," and "Title	57798
V permit" have the same meanings as in section 3704.01 of the	57799
Revised Code.	57800

(2) "Title V permit program" means the following activities	57801
as necessary to meet the requirements of Title V of the federal	57802
Clean Air Act and 40 C.F.R. part 70, including at least:	57803

(a) Preparing and adopting, if applicable, generally	57804
applicable rules or guidance regarding the permit program or its	57805
implementation or enforcement;	57806

(b) Reviewing and acting on any application for a Title V	57807
permit, permit revision, or permit renewal, including the	57808
development of an applicable requirement as part of the processing	57809
of a permit, permit revision, or permit renewal;	57810

(c) Administering the permit program, including the	57811
supporting and tracking of permit applications, compliance	57812
certification, and related data entry;	57813

(d) Determining which sources are subject to the program and	57814
implementing and enforcing the terms of any Title V permit, not	57815
including any court actions or other formal enforcement actions;	57816

(e) Emission and ambient monitoring;

57817

(f) Modeling, analyses, or demonstrations;

57818

(g) Preparing inventories and tracking emissions;

57819

(h) Providing direct and indirect support to small business	57820
stationary sources to determine and meet their obligations under	57821
the federal Clean Air Act pursuant to the small business	57822
stationary source technical and environmental compliance	57823
assistance program required by section 507 of that act and	57824
established in sections 3704.18, 3704.19, and 3706.19 of the	57825
Revised Code.	57826

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	57827
of this section, each sewage sludge facility shall pay a	57828
nonrefundable annual sludge fee equal to three dollars and fifty	57829
cents per dry ton of sewage sludge, including the dry tons of	57830
sewage sludge in materials derived from sewage sludge, that the	57831
sewage sludge facility treats or disposes of in this state. The	57832
annual volume of sewage sludge treated or disposed of by a sewage	57833
sludge facility shall be calculated using the first day of January	57834
through the thirty-first day of December of the calendar year	57835
preceding the date on which payment of the fee is due.	57836

(2)(a) Except as provided in division (Y)(2)(d) of this	57837
section, each sewage sludge facility shall pay a minimum annual	57838
sewage sludge fee of one hundred dollars.	57839

(b) The annual sludge fee required to be paid by a sewage	57840
sludge facility that treats or disposes of exceptional quality	57841
sludge in this state shall be thirty-five per cent less per dry	57842
ton of exceptional quality sludge than the fee assessed under	57843
division (Y)(1) of this section, subject to the following	57844
exceptions:	57845

(i) Except as provided in division (Y)(2)(d) of this section,	57846
a sewage sludge facility that treats or disposes of exceptional	57847
quality sludge shall pay a minimum annual sewage sludge fee of one	57848
hundred dollars.	57849

(ii) A sewage sludge facility that treats or disposes of	57850
exceptional quality sludge shall not be required to pay the annual	57851
sludge fee for treatment or disposal in this state of exceptional	57852
quality sludge generated outside of this state and contained in	57853
bags or other containers not greater than one hundred pounds in	57854
capacity.	57855

A thirty-five per cent reduction for exceptional quality	57856
sludge applies to the maximum annual fees established under	57857
division (Y)(3) of this section.	57858

(c) A sewage sludge facility that transfers sewage sludge to	57859
another sewage sludge facility in this state for further treatment	57860
prior to disposal in this state shall not be required to pay the	57861
annual sludge fee for the tons of sewage sludge that have been	57862
transferred. In such a case, the sewage sludge facility that	57863
disposes of the sewage sludge shall pay the annual sludge fee.	57864
However, the facility transferring the sewage sludge shall pay the	57865
one-hundred-dollar minimum fee required under division (Y)(2)(a)	57866
of this section.	57867

In the case of a sewage sludge facility that treats sewage	57868
sludge in this state and transfers it out of this state to another	57869
entity for disposal, the sewage sludge facility in this state	57870
shall be required to pay the annual sludge fee for the tons of	57871
sewage sludge that have been transferred.	57872

(d) A sewage sludge facility that generates sewage sludge	57873
resulting from an average daily discharge flow of less than five	57874
thousand gallons per day is not subject to the fees assessed under	57875
division (Y) of this section.	57876

(3) No sewage sludge facility required to pay the annual	57877
sludge fee shall be required to pay more than the maximum annual	57878
fee for each disposal method that the sewage sludge facility uses.	57879
The maximum annual fee does not include the additional amount that	57880
may be charged under division (Y)(5) of this section for late	57881
payment of the annual sludge fee. The maximum annual fee for the	57882
following methods of disposal of sewage sludge is as follows:	57883

(a) Incineration: five thousand dollars;

57884

(b) Preexisting land reclamation project or disposal in a	57885
landfill: five thousand dollars;	57886

(c) Land application, land reclamation, surface disposal, or	57887
any other disposal method not specified in division (Y)(3)(a) or	57888
(b) of this section: twenty thousand dollars.	57889

(4)(a) In the case of an entity that generates sewage sludge	57890
or a sewage sludge facility that treats sewage sludge and	57891
transfers the sewage sludge to an incineration facility for	57892
disposal, the incineration facility, and not the entity generating	57893
the sewage sludge or the sewage sludge facility treating the	57894
sewage sludge, shall pay the annual sludge fee for the tons of	57895
sewage sludge that are transferred. However, the entity or	57896
facility generating or treating the sewage sludge shall pay the	57897
one-hundred-dollar minimum fee required under division (Y)(2)(a)	57898
of this section.	57899

(b) In the case of an entity that generates sewage sludge and	57900
transfers the sewage sludge to a landfill for disposal or to a	57901
sewage sludge facility for land reclamation or surface disposal,	57902
the entity generating the sewage sludge, and not the landfill or	57903
sewage sludge facility, shall pay the annual sludge fee for the	57904
tons of sewage sludge that are transferred.	57905

(5) Not later than the first day of April of the calendar	57906
year following March 17, 2000, and each first day of April	57907
thereafter, the director shall issue invoices to persons who are	57908
required to pay the annual sludge fee. The invoice shall identify	57909
the nature and amount of the annual sludge fee assessed and state	57910
the first day of May as the deadline for receipt by the director	57911
of objections regarding the amount of the fee and the first day of	57912
July as the deadline for payment of the fee.	57913

Not later than the first day of May following receipt of an	57914
invoice, a person required to pay the annual sludge fee may submit	57915
objections to the director concerning the accuracy of information	57916
regarding the number of dry tons of sewage sludge used to	57917
calculate the amount of the annual sludge fee or regarding whether	57918
the sewage sludge qualifies for the exceptional quality sludge	57919
discount established in division (Y)(2)(b) of this section. The	57920
director may consider the objections and adjust the amount of the	57921
fee to ensure that it is accurate.	57922

If the director does not adjust the amount of the annual	57923
sludge fee in response to a person's objections, the person may	57924
appeal the director's determination in accordance with Chapter	57925
119. of the Revised Code.	57926

Not later than the first day of June, the director shall	57927
notify the objecting person regarding whether the director has	57928
found the objections to be valid and the reasons for the finding.	57929
If the director finds the objections to be valid and adjusts the	57930
amount of the annual sludge fee accordingly, the director shall	57931
issue with the notification a new invoice to the person	57932
identifying the amount of the annual sludge fee assessed and	57933
stating the first day of July as the deadline for payment.	57934

Not later than the first day of July, any person who is	57935
required to do so shall pay the annual sludge fee. Any person who	57936
is required to pay the fee, but who fails to do so on or before	57937
that date shall pay an additional amount that equals ten per cent	57938
of the required annual sludge fee.	57939

(6) The director shall transmit all moneys collected under	57940
division (Y) of this section to the treasurer of state for deposit	57941
into the surface water protection fund created in section 6111.038	57942
of the Revised Code. The moneys shall be used to defray the costs	57943
of administering and enforcing provisions in Chapter 6111. of the	57944
Revised Code and rules adopted under it that govern the use,	57945
storage, treatment, or disposal of sewage sludge.	57946

(7) Beginning in fiscal year 2001, and every two years	57947
thereafter, the director shall review the total amount of moneys	57948
generated by the annual sludge fees to determine if that amount	57949
exceeded six hundred thousand dollars in either of the two	57950
preceding fiscal years. If the total amount of moneys in the fund	57951
exceeded six hundred thousand dollars in either fiscal year, the	57952
director, after review of the fee structure and consultation with	57953
affected persons, shall issue an order reducing the amount of the	57954
fees levied under division (Y) of this section so that the	57955
estimated amount of moneys resulting from the fees will not exceed	57956
six hundred thousand dollars in any fiscal year.	57957

If, upon review of the fees under division (Y)(7) of this	57958
section and after the fees have been reduced, the director	57959
determines that the total amount of moneys collected and	57960
accumulated is less than six hundred thousand dollars, the	57961
director, after review of the fee structure and consultation with	57962
affected persons, may issue an order increasing the amount of the	57963
fees levied under division (Y) of this section so that the	57964
estimated amount of moneys resulting from the fees will be	57965
approximately six hundred thousand dollars. Fees shall never be	57966
increased to an amount exceeding the amount specified in division	57967
(Y)(7) of this section.	57968

Notwithstanding section 119.06 of the Revised Code, the	57969
director may issue an order under division (Y)(7) of this section	57970
without the necessity to hold an adjudicatory hearing in	57971
connection with the order. The issuance of an order under this	57972
division is not an act or action for purposes of section 3745.04	57973
of the Revised Code.	57974

(8) As used in division (Y) of this section:

57975

(a) "Sewage sludge facility" means an entity that performs	57976
treatment on or is responsible for the disposal of sewage sludge.	57977

(b) "Sewage sludge" means a solid, semi-solid, or liquid	57978
residue generated during the treatment of domestic sewage in a	57979
treatment works as defined in section 6111.01 of the Revised Code.	57980
"Sewage sludge" includes, but is not limited to, scum or solids	57981
removed in primary, secondary, or advanced wastewater treatment	57982
processes. "Sewage sludge" does not include ash generated during	57983
the firing of sewage sludge in a sewage sludge incinerator, grit	57984
and screenings generated during preliminary treatment of domestic	57985
sewage in a treatment works, animal manure, residue generated	57986
during treatment of animal manure, or domestic septage.	57987

(c) "Exceptional quality sludge" means sewage sludge that	57988
meets all of the following qualifications:	57989

(i) Satisfies the class A pathogen standards in 40 C.F.R.	57990
503.32(a);	57991

(ii) Satisfies one of the vector attraction reduction	57992
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	57993

(iii) Does not exceed the ceiling concentration limitations	57994
for metals listed in table one of 40 C.F.R. 503.13;	57995

(iv) Does not exceed the concentration limitations for metals	57996
listed in table three of 40 C.F.R. 503.13.	57997

(d) "Treatment" means the preparation of sewage sludge for	57998
final use or disposal and includes, but is not limited to,	57999
thickening, stabilization, and dewatering of sewage sludge.	58000

(e) "Disposal" means the final use of sewage sludge,	58001
including, but not limited to, land application, land reclamation,	58002
surface disposal, or disposal in a landfill or an incinerator.	58003

(f) "Land application" means the spraying or spreading of	58004
sewage sludge onto the land surface, the injection of sewage	58005
sludge below the land surface, or the incorporation of sewage	58006
sludge into the soil for the purposes of conditioning the soil or	58007
fertilizing crops or vegetation grown in the soil.	58008

(g) "Land reclamation" means the returning of disturbed land	58009
to productive use.	58010

(h) "Surface disposal" means the placement of sludge on an	58011
area of land for disposal, including, but not limited to,	58012
monofills, surface impoundments, lagoons, waste piles, or	58013
dedicated disposal sites.	58014

(i) "Incinerator" means an entity that disposes of sewage	58015
sludge through the combustion of organic matter and inorganic	58016
matter in sewage sludge by high temperatures in an enclosed	58017
device.	58018

(j) "Incineration facility" includes all incinerators owned	58019
or operated by the same entity and located on a contiguous tract	58020
of land. Areas of land are considered to be contiguous even if	58021
they are separated by a public road or highway.	58022

(k) "Annual sludge fee" means the fee assessed under division	58023
(Y)(1) of this section.	58024

(l) "Landfill" means a sanitary landfill facility, as defined	58025
in rules adopted under section 3734.02 of the Revised Code, that	58026
is licensed under section 3734.05 of the Revised Code.	58027

(m) "Preexisting land reclamation project" means a	58028
property-specific land reclamation project that has been in	58029
continuous operation for not less than five years pursuant to	58030
approval of the activity by the director and includes the	58031
implementation of a community outreach program concerning the	58032
activity.	58033

Sec. 3745.113. (A) A person that applies for a state isolated	58034
wetland permit under Chapter 6111. of the Revised Code and rules	58035
adopted under it shall pay an application fee of two hundred	58036
dollars at the time of application.	58037

In addition, that person shall pay, at the time of	58038
application, a review fee of five hundred dollars per acre of the	58039
wetlands to be impacted.	58040

However, the review fee shall not exceed five thousand	58041
dollars per application. In addition, if an application is denied,	58042
the director of environmental protection shall refund to the	58043
applicant one-half of the amount of the review fee paid by the	58044
applicant under division (A) of this section.	58045

(B) If a person conducts any activities for which an	58046
individual state isolated wetland permit is required under Chapter	58047
6111. of the Revised Code and rules adopted under it without first	58048
obtaining such a permit, the person shall pay twice the amount of	58049
the application and review fees that the person otherwise would	58050
have been required to pay under division (A) of this section, not	58051
to exceed ten thousand dollars.	58052

(C) All moneys collected under this section shall be	58053
deposited in the state treasury to the credit of the ~~dredge and~~	58054
~~fill~~surface water protection fund created in section ~~6111.029~~	58055
6111.038 of the Revised Code.	58056

(D) Fees established under this section shall not apply to	58057
any agency or department of the state or to any county, township,	58058
or municipal corporation in this state.	58059

Sec. 3769.08. (A) Any person holding a permit to conduct a	58060
horse-racing meeting may provide a place in the race meeting	58061
grounds or enclosure at which the permit holder may conduct and	58062
supervise the pari-mutuel system of wagering by patrons of legal	58063
age on the live racing programs and simulcast racing programs	58064
conducted by the permit holder.	58065

The pari-mutuel method of wagering upon the live racing	58066
programs and simulcast racing programs held at or conducted within	58067
such race track, and at the time of such horse-racing meeting, or	58068
at other times authorized by the state racing commission, shall	58069
not be unlawful. No other place, except that provided and	58070
designated by the permit holder and except as provided in section	58071
3769.26 of the Revised Code, nor any other method or system of	58072
betting or wagering on live racing programs and simulcast racing	58073
programs, except the pari-mutuel system, shall be used or	58074
permitted by the permit holder; nor, except as provided in section	58075
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	58076
system of wagering be conducted by the permit holder on any races	58077
except the races at the race track, grounds, or enclosure for	58078
which the person holds a permit. Each permit holder may retain as	58079
a commission an amount not to exceed eighteen per cent of the	58080
total of all moneys wagered on live racing programs and simulcast	58081
racing programs.	58082

The pari-mutuel wagering authorized by this section is	58083
subject to sections 3769.25 to 3769.28 of the Revised Code.	58084

(B) At the close of each racing day, each permit holder	58085
authorized to conduct thoroughbred racing, out of the amount	58086
retained on that day by the permit holder, shall pay by check,	58087
draft, or money order to the tax commissioner, as a tax, a sum	58088
equal to the following percentages of the total of all moneys	58089
wagered on live racing programs on that day and shall separately	58090
compute and pay by check, draft, or money order to the tax	58091
commissioner, as a tax, a sum equal to the following percentages	58092
of the total of all money wagered on simulcast racing programs on	58093
that day:	58094

(1) One per cent of the first two hundred thousand dollars	58095
wagered, or any part of that amount;	58096

(2) Two per cent of the next one hundred thousand dollars	58097
wagered, or any part of that amount;	58098

(3) Three per cent of the next one hundred thousand dollars	58099
wagered, or any part of that amount;	58100

(4) Four per cent of all sums over four hundred thousand	58101
dollars wagered.	58102

Except as otherwise provided in section 3769.089 of the	58103
Revised Code, each permit holder authorized to conduct	58104
thoroughbred racing shall use for purse money a sum equal to fifty	58105
per cent of the pari-mutuel revenues retained by the permit holder	58106
as a commission after payment of the state tax. This fifty per	58107
cent payment shall be in addition to the purse distribution from	58108
breakage specified in this section.	58109

Subject to division (M) of this section, from the moneys paid	58110
to the tax commissioner by thoroughbred racing permit holders,	58111
one-half of one per cent of the total of all moneys so wagered on	58112
a racing day shall be paid into the Ohio fairs fund created by	58113
section 3769.082 of the Revised Code, one and one-eighth per cent	58114
of the total of all moneys so wagered on a racing day shall be	58115
paid into the Ohio thoroughbred race fund created by section	58116
3769.083 of the Revised Code, and one-quarter of one per cent of	58117
the total of all moneys wagered on a racing day by each permit	58118
holder shall be paid into the state racing commission operating	58119
fund created by section 3769.03 of the Revised Code. The required	58120
payment to the state racing commission operating fund does not	58121
apply to county and independent fairs and agricultural societies.	58122
The remaining moneys may be retained by the permit holder, except	58123
as provided in this section with respect to the odd cents	58124
redistribution. Amounts paid into the nursing home franchise	58125
permit fee fund pursuant to this section and section 3769.26 of	58126
the Revised Code shall be used solely for the support of the	58127
PASSPORT program as determined in appropriations made by the	58128
general assembly. If the PASSPORT program is abolished, the amount	58129
that would have been paid to the nursing home franchise permit fee	58130
fund under this chapter shall be paid to the general revenue fund	58131
of the state. As used in this chapter, "PASSPORT program" ~~means~~	58132
~~the PASSPORT program created under~~has the same meaning as in	58133
section ~~173.40~~173.51 of the Revised Code.	58134

The total amount paid to the Ohio thoroughbred race fund	58135
under this section and division (A) of section 3769.087 of the	58136
Revised Code shall not exceed by more than six per cent the total	58137
amount paid to this fund under this section and division (A) of	58138
that section during the immediately preceding calendar year.	58139

Each year, the total amount calculated for payment into the	58140
Ohio fairs fund under this division, division (C) of this section,	58141
and division (A) of section 3769.087 of the Revised Code shall be	58142
an amount calculated using the percentages specified in this	58143
division, division (C) of this section, and division (A) of	58144
section 3769.087 of the Revised Code.	58145

A permit holder may contract with a thoroughbred horsemen's	58146
organization for the organization to act as a representative of	58147
all thoroughbred owners and trainers participating in a	58148
horse-racing meeting conducted by the permit holder. A	58149
"thoroughbred horsemen's organization" is any corporation or	58150
association that represents, through membership or otherwise, more	58151
than one-half of the aggregate of all thoroughbred owners and	58152
trainers who were licensed and actively participated in racing	58153
within this state during the preceding calendar year. Except as	58154
otherwise provided in this paragraph, any moneys received by a	58155
thoroughbred horsemen's organization shall be used exclusively for	58156
the benefit of thoroughbred owners and trainers racing in this	58157
state through the administrative purposes of the organization,	58158
benevolent activities on behalf of the horsemen, promotion of the	58159
horsemen's rights and interests, and promotion of equine research.	58160
A thoroughbred horsemen's organization may expend not more than an	58161
aggregate of five per cent of its annual gross receipts, or a	58162
larger amount as approved by the organization, for dues,	58163
assessments, and other payments to all other local, national, or	58164
international organizations having as their primary purposes the	58165
promotion of thoroughbred horse racing, thoroughbred horsemen's	58166
rights, and equine research.	58167

(C) Except as otherwise provided in division (B) of this	58168
section, at the close of each racing day, each permit holder	58169
authorized to conduct harness or quarter horse racing, out of the	58170
amount retained that day by the permit holder, shall pay by check,	58171
draft, or money order to the tax commissioner, as a tax, a sum	58172
equal to the following percentages of the total of all moneys	58173
wagered on live racing programs and shall separately compute and	58174
pay by check, draft, or money order to the tax commissioner, as a	58175
tax, a sum equal to the following percentages of the total of all	58176
money wagered on simulcast racing programs on that day:	58177

(1) One per cent of the first two hundred thousand dollars	58178
wagered, or any part of that amount;	58179

(2) Two per cent of the next one hundred thousand dollars	58180
wagered, or any part of that amount;	58181

(3) Three per cent of the next one hundred thousand dollars	58182
wagered, or any part of that amount;	58183

(4) Four per cent of all sums over four hundred thousand	58184
dollars wagered.	58185

Except as otherwise provided in division (B) and subject to	58186
division (M) of this section, from the moneys paid to the tax	58187
commissioner by permit holders authorized to conduct harness or	58188
quarter horse racing, one-half of one per cent of all moneys	58189
wagered on that racing day shall be paid into the Ohio fairs fund;	58190
from the moneys paid to the tax commissioner by permit holders	58191
authorized to conduct harness racing, five-eighths of one per cent	58192
of all moneys wagered on that racing day shall be paid into the	58193
Ohio standardbred development fund; and from the moneys paid to	58194
the tax commissioner by permit holders authorized to conduct	58195
quarter horse racing, five-eighths of one per cent of all moneys	58196
wagered on that racing day shall be paid into the Ohio quarter	58197
horse development fund.	58198

(D) In addition, subject to division (M) of this section,	58199
beginning on January 1, 1996, from the money paid to the tax	58200
commissioner as a tax under this section and division (A) of	58201
section 3769.087 of the Revised Code by harness horse permit	58202
holders, one-half of one per cent of the amount wagered on a	58203
racing day shall be paid into the Ohio standardbred development	58204
fund. Beginning January 1, 1998, the payment to the Ohio	58205
standardbred development fund required under this division does	58206
not apply to county agricultural societies or independent	58207
agricultural societies.	58208

The total amount paid to the Ohio standardbred development	58209
fund under this division, division (C) of this section, and	58210
division (A) of section 3769.087 of the Revised Code and the total	58211
amount paid to the Ohio quarter horse development fund under this	58212
division and division (A) of that section shall not exceed by more	58213
than six per cent the total amount paid into the fund under this	58214
division, division (C) of this section, and division (A) of	58215
section 3769.087 of the Revised Code in the immediately preceding	58216
calendar year.	58217

(E) Subject to division (M) of this section, from the money	58218
paid as a tax under this chapter by harness and quarter horse	58219
permit holders, one-quarter of one per cent of the total of all	58220
moneys wagered on a racing day by each permit holder shall be paid	58221
into the state racing commission operating fund created by section	58222
3769.03 of the Revised Code. This division does not apply to	58223
county and independent fairs and agricultural societies.	58224

(F) Except as otherwise provided in section 3769.089 of the	58225
Revised Code, each permit holder authorized to conduct harness	58226
racing shall pay to the harness horsemen's purse pool a sum equal	58227
to fifty per cent of the pari-mutuel revenues retained by the	58228
permit holder as a commission after payment of the state tax. This	58229
fifty per cent payment is to be in addition to the purse	58230
distribution from breakage specified in this section.	58231

(G) In addition, each permit holder authorized to conduct	58232
harness racing shall be allowed to retain the odd cents of all	58233
redistribution to be made on all mutual contributions exceeding a	58234
sum equal to the next lowest multiple of ten.	58235

Forty per cent of that portion of that total sum of such odd	58236
cents shall be used by the permit holder for purse money for Ohio	58237
sired, bred, and owned colts, for purse money for Ohio bred	58238
horses, and for increased purse money for horse races. Upon the	58239
formation of the corporation described in section 3769.21 of the	58240
Revised Code to establish a harness horsemen's health and	58241
retirement fund, twenty-five per cent of that portion of that	58242
total sum of odd cents shall be paid at the close of each racing	58243
day by the permit holder to that corporation to establish and fund	58244
the health and retirement fund. Until that corporation is formed,	58245
that twenty-five per cent shall be paid at the close of each	58246
racing day by the permit holder to the tax commissioner or the tax	58247
commissioner's agent in the county seat of the county in which the	58248
permit holder operates race meetings. The remaining thirty-five	58249
per cent of that portion of that total sum of odd cents shall be	58250
retained by the permit holder.	58251

(H) In addition, each permit holder authorized to conduct	58252
thoroughbred racing shall be allowed to retain the odd cents of	58253
all redistribution to be made on all mutuel contributions	58254
exceeding a sum equal to the next lowest multiple of ten. Twenty	58255
per cent of that portion of that total sum of such odd cents shall	58256
be used by the permit holder for increased purse money for horse	58257
races. Upon the formation of the corporation described in section	58258
3769.21 of the Revised Code to establish a thoroughbred horsemen's	58259
health and retirement fund, forty-five per cent of that portion of	58260
that total sum of odd cents shall be paid at the close of each	58261
racing day by the permit holder to that corporation to establish	58262
and fund the health and retirement fund. Until that corporation is	58263
formed, that forty-five per cent shall be paid by the permit	58264
holder to the tax commissioner or the tax commissioner's agent in	58265
the county seat of the county in which the permit holder operates	58266
race meetings, at the close of each racing day. The remaining	58267
thirty-five per cent of that portion of that total sum of odd	58268
cents shall be retained by the permit holder.	58269

(I) In addition, each permit holder authorized to conduct	58270
quarter horse racing shall be allowed to retain the odd cents of	58271
all redistribution to be made on all mutuel contributions	58272
exceeding a sum equal to the next lowest multiple of ten, subject	58273
to a tax of twenty-five per cent on that portion of the total sum	58274
of such odd cents that is in excess of two thousand dollars during	58275
a calendar year, which tax shall be paid at the close of each	58276
racing day by the permit holder to the tax commissioner or the tax	58277
commissioner's agent in the county seat of the county within which	58278
the permit holder operates race meetings. Forty per cent of that	58279
portion of that total sum of such odd cents shall be used by the	58280
permit holder for increased purse money for horse races. The	58281
remaining thirty-five per cent of that portion of that total sum	58282
of odd cents shall be retained by the permit holder.	58283

(J)(1) To encourage the improvement of racing facilities for	58284
the benefit of the public, breeders, and horse owners, and to	58285
increase the revenue to the state from the increase in pari-mutuel	58286
wagering resulting from those improvements, the taxes paid by a	58287
permit holder to the state as provided for in this chapter shall	58288
be reduced by three-fourths of one per cent of the total amount	58289
wagered for those permit holders who make capital improvements to	58290
existing race tracks or construct new race tracks. The percentage	58291
of the reduction that may be taken each racing day shall equal	58292
seventy-five per cent of the taxes levied under divisions (B) and	58293
(C) of this section and section 3769.087 of the Revised Code, and	58294
division (F)(2) of section 3769.26 of the Revised Code, as	58295
applicable, divided by the calculated amount each fund should	58296
receive under divisions (B) and (C) of this section and section	58297
3769.087 of the Revised Code, and division (F)(2) of section	58298
3769.26 of the Revised Code and the reduction provided for in this	58299
division. If the resulting percentage is less than one, that	58300
percentage shall be multiplied by the amount of the reduction	58301
provided for in this division. Otherwise, the permit holder shall	58302
receive the full reduction provided for in this division. The	58303
amount of the allowable reduction not received shall be carried	58304
forward and applied against future tax liability. After any	58305
reductions expire, any reduction carried forward shall be treated	58306
as a reduction as provided for in this division.	58307

If more than one permit holder is authorized to conduct	58308
racing at the facility that is being built or improved, the cost	58309
of the new race track or capital improvement shall be allocated	58310
between or among all the permit holders in the ratio that the	58311
permit holders' number of racing days bears to the total number of	58312
racing days conducted at the facility.	58313

A reduction for a new race track or a capital improvement	58314
shall start from the day racing is first conducted following the	58315
date actual construction of the new race track or each capital	58316
improvement is completed and the construction cost has been	58317
approved by the racing commission, unless otherwise provided in	58318
this section. A reduction for a new race track or a capital	58319
improvement shall continue for a period of twenty-five years for	58320
new race tracks and for fifteen years for capital improvements if	58321
the construction of the capital improvement or new race track	58322
commenced prior to March 29, 1988, and for a period of ten years	58323
for new race tracks or capital improvements if the construction of	58324
the capital improvement or new race track commenced on or after	58325
March 29, 1988, but before June 6, 2001, or until the total tax	58326
reduction reaches seventy per cent of the approved cost of the new	58327
race track or capital improvement, as allocated to each permit	58328
holder, whichever occurs first. A reduction for a new race track	58329
or a capital improvement approved after June 6, 2001, shall	58330
continue until the total tax reduction reaches one hundred per	58331
cent of the approved cost of the new race track or capital	58332
improvement, as allocated to each permit holder.	58333

A reduction granted for a new race track or a capital	58334
improvement, the application for which was approved by the racing	58335
commission after March 29, 1988, but before June 6, 2001, shall	58336
not commence nor shall the ten-year period begin to run until all	58337
prior tax reductions with respect to the same race track have	58338
ended. The total tax reduction because of capital improvements	58339
shall not during any one year exceed for all permit holders using	58340
any one track three-fourths of one per cent of the total amount	58341
wagered, regardless of the number of capital improvements made.	58342
Several capital improvements to a race track may be consolidated	58343
in an application if the racing commission approved the	58344
application prior to March 29, 1988. No permit holder may receive	58345
a tax reduction for a capital improvement approved by the racing	58346
commission on or after March 29, 1988, at a race track until all	58347
tax reductions have ended for all prior capital improvements	58348
approved by the racing commission under this section or section	58349
3769.20 of the Revised Code at that race track. If there are two	58350
or more permit holders operating meetings at the same track, they	58351
may consolidate their applications. The racing commission shall	58352
notify the tax commissioner when the reduction of tax begins and	58353
when it ends.	58354

Each fiscal year the racing commission shall submit a report	58355
to the tax commissioner, the office of budget and management, and	58356
the legislative service commission. The report shall identify each	58357
capital improvement project undertaken under this division and in	58358
progress at each race track, indicate the total cost of each	58359
project, state the tax reduction that resulted from each project	58360
during the immediately preceding fiscal year, estimate the tax	58361
reduction that will result from each project during the current	58362
fiscal year, state the total tax reduction that resulted from all	58363
such projects at all race tracks during the immediately preceding	58364
fiscal year, and estimate the total tax reduction that will result	58365
from all such projects at all race tracks during the current	58366
fiscal year.	58367

(2) In order to qualify for the reduction in tax, a permit	58368
holder shall apply to the racing commission in such form as the	58369
commission may require and shall provide full details of the new	58370
race track or capital improvement, including a schedule for its	58371
construction and completion, and set forth the costs and expenses	58372
incurred in connection with it. The racing commission shall not	58373
approve an application unless the permit holder shows that a	58374
contract for the new race track or capital improvement has been	58375
let under an unrestricted competitive bidding procedure, unless	58376
the contract is exempted by the controlling board because of its	58377
unusual nature. In determining whether to approve an application,	58378
the racing commission shall consider whether the new race track or	58379
capital improvement will promote the safety, convenience, and	58380
comfort of the racing public and horse owners and generally tend	58381
towards the improvement of racing in this state.	58382

(3) If a new race track or capital improvement is approved by	58383
the racing commission and construction has started, the tax	58384
reduction may be authorized by the commission upon presentation of	58385
copies of paid bills in excess of one hundred thousand dollars or	58386
ten per cent of the approved cost, whichever is greater. After the	58387
initial authorization, the permit holder shall present copies of	58388
paid bills. If the permit holder is in substantial compliance with	58389
the schedule for construction and completion of the new race track	58390
or capital improvement, the racing commission may authorize the	58391
continuation of the tax reduction upon the presentation of the	58392
additional paid bills. The total amount of the tax reduction	58393
authorized shall not exceed the percentage of the approved cost of	58394
the new race track or capital improvement specified in division	58395
(J)(1) of this section. The racing commission may terminate any	58396
tax reduction immediately if a permit holder fails to complete the	58397
new race track or capital improvement, or to substantially comply	58398
with the schedule for construction and completion of the new race	58399
track or capital improvement. If a permit holder fails to complete	58400
a new race track or capital improvement, the racing commission	58401
shall order the permit holder to repay to the state the total	58402
amount of tax reduced. The normal tax paid by the permit holder	58403
shall be increased by three-fourths of one per cent of the total	58404
amount wagered until the total amount of the additional tax	58405
collected equals the total amount of tax reduced.	58406

(4) As used in this section:

58407

(a) "Capital improvement" means an addition, replacement, or	58408
remodeling of a structural unit of a race track facility costing	58409
at least one hundred thousand dollars, including, but not limited	58410
to, the construction of barns used exclusively for the race track	58411
facility, backstretch facilities for horsemen, paddock facilities,	58412
new pari-mutuel and totalizator equipment and appurtenances to	58413
that equipment purchased by the track, new access roads, new	58414
parking areas, the complete reconstruction, reshaping, and	58415
leveling of the racing surface and appurtenances, the installation	58416
of permanent new heating or air conditioning, roof replacement or	58417
restoration, installations of a permanent nature forming a part of	58418
the track structure, and construction of buildings that are	58419
located on a permit holder's premises. "Capital improvement" does	58420
not include the cost of replacement of equipment that is not	58421
permanently installed, ordinary repairs, painting, and maintenance	58422
required to keep a race track facility in ordinary operating	58423
condition.	58424

(b) "New race track" includes the reconstruction of a race	58425
track damaged by fire or other cause that has been declared by the	58426
racing commission, as a result of the damage, to be an inadequate	58427
facility for the safe operation of horse racing.	58428

(c) "Approved cost" includes all debt service and interest	58429
costs that are associated with a capital improvement or new race	58430
track and that the racing commission approves for a tax reduction	58431
under division (J) of this section.	58432

(5) The racing commission shall not approve an application	58433
for a tax reduction under this section if it has reasonable cause	58434
to believe that the actions or negligence of the permit holder	58435
substantially contributed to the damage suffered by the track due	58436
to fire or other cause. The racing commission shall obtain any	58437
data or information available from a fire marshal, law enforcement	58438
official, or insurance company concerning any fire or other damage	58439
suffered by a track, prior to approving an application for a tax	58440
reduction.	58441

(6) The approved cost to which a tax reduction applies shall	58442
be determined by generally accepted accounting principles and	58443
verified by an audit of the permit holder's records upon	58444
completion of the project by the racing commission, or by an	58445
independent certified public accountant selected by the permit	58446
holder and approved by the commission.	58447

(K) No other license or excise tax or fee, except as provided	58448
in sections 3769.01 to 3769.14 of the Revised Code, shall be	58449
assessed or collected from such licensee by any county, township,	58450
district, municipal corporation, or other body having power to	58451
assess or collect a tax or fee. That portion of the tax paid under	58452
this section by permit holders for racing conducted at and during	58453
the course of an agricultural exposition or fair, and that portion	58454
of the tax that would have been paid by eligible permit holders	58455
into the nursing home franchise permit fee fund as a result of	58456
racing conducted at and during the course of an agricultural	58457
exposition or fair, shall be deposited into the state treasury to	58458
the credit of the horse racing tax fund, which is hereby created	58459
for the use of the agricultural societies of the several counties	58460
in which the taxes originate. The state racing commission shall	58461
determine eligible permit holders for purposes of the preceding	58462
sentence, taking into account the breed of horse, the racing	58463
dates, the geographic proximity to the fair, and the best	58464
interests of Ohio racing. On the first day of any month on which	58465
there is money in the fund, the tax commissioner shall provide for	58466
payment to the treasurer of each agricultural society the amount	58467
of the taxes collected under this section upon racing conducted at	58468
and during the course of any exposition or fair conducted by the	58469
society.	58470

(L) From the tax paid under this section by harness track	58471
permit holders, the tax commissioner shall pay into the Ohio	58472
thoroughbred race fund a sum equal to a percentage of the amount	58473
wagered upon which the tax is paid. The percentage shall be	58474
determined by the tax commissioner and shall be rounded to the	58475
nearest one-hundredth. The percentage shall be such that, when	58476
multiplied by the amount wagered upon which tax was paid by the	58477
harness track permit holders in the most recent year for which	58478
final figures are available, it results in a sum that	58479
substantially equals the same amount of tax paid by the tax	58480
commissioner during that year into the Ohio fairs fund from taxes	58481
paid by thoroughbred permit holders. This division does not apply	58482
to county and independent fairs and agricultural societies.	58483

(M) Twenty-five per cent of the taxes levied on thoroughbred	58484
racing permit holders, harness racing permit holders, and quarter	58485
horse racing permit holders under this section, division (A) of	58486
section 3769.087 of the Revised Code, and division (F)(2) of	58487
section 3769.26 of the Revised Code shall be paid into the nursing	58488
home franchise permit fee fund. The tax commissioner shall pay any	58489
money remaining, after the payment into the nursing home franchise	58490
permit fee fund and the reductions provided for in division (J) of	58491
this section and in section 3769.20 of the Revised Code, into the	58492
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	58493
development fund, Ohio quarter horse fund, and state racing	58494
commission operating fund as prescribed in this section and	58495
division (A) of section 3769.087 of the Revised Code. The tax	58496
commissioner shall thereafter use and apply the balance of the	58497
money paid as a tax by any permit holder to cover any shortage in	58498
the accounts of such funds resulting from an insufficient payment	58499
as a tax by any other permit holder. The moneys received by the	58500
tax commissioner shall be deposited weekly and paid by the tax	58501
commissioner into the funds to cover the total aggregate amount	58502
due from all permit holders to the funds, as calculated under this	58503
section and division (A) of section 3769.087 of the Revised Code,	58504
as applicable. If, after the payment into the nursing home	58505
franchise permit fee fund, sufficient funds are not available from	58506
the tax deposited by the tax commissioner to pay the required	58507
amounts into the Ohio fairs fund, Ohio standardbred development	58508
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	58509
the state racing commission operating fund, the tax commissioner	58510
shall prorate on a proportional basis the amount paid to each of	58511
the funds. Any shortage to the funds as a result of a proration	58512
shall be applied against future deposits for the same calendar	58513
year when funds are available. After this application, the tax	58514
commissioner shall pay any remaining money paid as a tax by all	58515
permit holders into the nursing home franchise permit fee fund.	58516
This division does not apply to permit holders conducting racing	58517
at the course of an agricultural exposition or fair as described	58518
in division (K) of this section.	58519

Sec. 3769.088. (A) If any permit holder required by this	58520
chapter to pay the taxes levied by sections 3769.08, 3769.087,	58521
3769.26, and 3769.28 of the Revised Code fails to pay the taxes,	58522
the tax commissioner may make an assessment against the permit	58523
holder based upon any information in the commissioner's	58524
possession.	58525

A penalty of up to fifteen per cent may be added to the	58526
amount of every assessment made under this section. The	58527
commissioner may adopt rules providing for the imposition and	58528
remission of penalties added to assessments made under this	58529
section.	58530

The commissioner shall give the party assessed written notice	58531
of the assessment in the manner provided in section 5703.37 of the	58532
Revised Code. With the notice, the commissioner shall provide	58533
instructions on how to petition for reassessment and request a	58534
hearing on the petition.	58535

(B) Unless the party assessed files with the tax commissioner	58536
within sixty days after service of the notice of assessment,	58537
either personally or by certified mail, a written petition for	58538
reassessment signed by the party assessed or that party's	58539
authorized agent having knowledge of the facts, the assessment	58540
becomes final and the amount of the assessment is due and payable	58541
from the party assessed to the commissioner. The petition shall	58542
indicate the objections of the party assessed, but additional	58543
objections may be raised in writing if received by the	58544
commissioner prior to the date shown on the final determination.	58545
If the petition has been properly filed, the commissioner shall	58546
proceed under section 5703.60 of the Revised Code.	58547

(C) After an assessment becomes final, if any portion of the	58548
assessment remains unpaid, including accrued interest, a certified	58549
copy of the tax commissioner's entry making the assessment final	58550
may be filed in the office of the clerk of the court of common	58551
pleas in the county in which the place, track, or enclosure for	58552
which the permit was issued is located or the county in which the	58553
party assessed resides or has its principal place of business. If	58554
the party assessed maintains no place of business in this state	58555
and is not a resident of this state, the certified copy of the	58556
entry may be filed in the office of the clerk of the court of	58557
common pleas of Franklin county.	58558

Immediately upon the filing of the entry, the clerk shall	58559
enter a judgment for the state against the party assessed in the	58560
amount shown on the entry. The judgment may be filed by the clerk	58561
in a loose-leaf book entitled "special judgments for state horse	58562
racing tax," and shall have the same effect as other judgments.	58563
Execution shall issue upon the judgment upon the request of the	58564
tax commissioner, and all laws applicable to sales on execution	58565
shall apply to sales made under the judgment.	58566

~~The portion of~~If the assessment is not paid in its entirety	58567
within sixty days after the day the assessment was issued, the	58568
portion of the assessment consisting of tax due shall bear	58569
interest at the rate per annum prescribed by section 5703.47 of	58570
the Revised Code from the day the tax commissioner issues the	58571
assessment until the day the assessment is paid or until it is	58572
certified to the attorney general for collection under section	58573
131.02 of the Revised Code, whichever comes first. If the unpaid	58574
portion of the assessment is certified to the attorney general for	58575
collection, the entire unpaid portion of the assessment shall bear	58576
interest at the rate per annum prescribed by section 5703.47 of	58577
the Revised Code from the date of certification until the date it	58578
is paid in its entirety. Interest shall be paid in the same manner	58579
as the tax and may be collected by the issuance of an assessment	58580
under this section.	58581

(D) All money collected by the tax commissioner under this	58582
section shall be treated as revenue arising from the taxes imposed	58583
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	58584
Code.	58585

Sec. 3770.02. (A) Subject to the advice and consent of the	58586
senate, the governor shall appoint a director of the state lottery	58587
commission who shall serve at the pleasure of the governor. The	58588
director shall devote full time to the duties of the office and	58589
shall hold no other office or employment. The director shall meet	58590
all requirements for appointment as a member of the commission and	58591
shall, by experience and training, possess management skills that	58592
equip the director to administer an enterprise of the nature of a	58593
state lottery. The director shall receive an annual salary in	58594
accordance with pay range 48 of section 124.152 of the Revised	58595
Code.	58596

(B)(1) The director shall attend all meetings of the	58597
commission and shall act as its secretary. The director shall keep	58598
a record of all commission proceedings and shall keep the	58599
commission's records, files, and documents at the commission's	58600
principal office. All records of the commission's meetings shall	58601
be available for inspection by any member of the public, upon a	58602
showing of good cause and prior notification to the director.	58603

(2) The director shall be the commission's executive officer	58604
and shall be responsible for keeping all commission records and	58605
supervising and administering the state lottery in accordance with	58606
this chapter, and carrying out all commission rules adopted under	58607
section 3770.03 of the Revised Code.	58608

(C)(1) The director shall appoint an assistant director,	58609
deputy directors of marketing, operations, sales, finance, public	58610
relations, security, and administration, and as many regional	58611
managers as are required. The director may also appoint necessary	58612
professional, technical, and clerical assistants. All such	58613
officers and employees shall be appointed and compensated pursuant	58614
to Chapter 124. of the Revised Code. Regional and assistant	58615
regional managers, sales representatives, and any lottery	58616
executive account representatives shall remain in the unclassified	58617
service.	58618

(2) The director, in consultation with the director of	58619
administrative services, may establish standards of proficiency	58620
and productivity for commission field representatives.	58621

(D) The director shall request the bureau of criminal	58622
identification and investigation, the department of public safety,	58623
or any other state, local, or federal agency to supply the	58624
director with the criminal records of any job applicant and may	58625
periodically request the criminal records of commission employees.	58626
At or prior to the time of making such a request, the director	58627
shall require a job applicant or commission employee to obtain	58628
fingerprint cards prescribed by the superintendent of the bureau	58629
of criminal identification and investigation at a qualified law	58630
enforcement agency, and the director shall cause these fingerprint	58631
cards to be forwarded to the bureau of criminal identification and	58632
investigation and the federal bureau of investigation. The	58633
commission shall assume the cost of obtaining the fingerprint	58634
cards and shall pay to each agency supplying criminal records for	58635
each investigation under this division a reasonable fee, as	58636
determined by the agency.	58637

(E) The director shall license lottery sales agents pursuant	58638
to section 3770.05 of the Revised Code and, when it is considered	58639
necessary, may revoke or suspend the license of any lottery sales	58640
agent. The director may license video lottery technology	58641
providers, independent testing laboratories, and gaming employees,	58642
and promulgate rules relating thereto. When the director considers	58643
it necessary, the director may suspend or revoke the license of a	58644
video lottery technology provider, independent testing laboratory,	58645
or gaming employee, including suspension or revocation without	58646
affording an opportunity for a prior hearing under section 119.07	58647
of the Revised Code when the public safety, convenience, or trust	58648
requires immediate action.	58649

(F) The director shall confer at least once each month with	58650
the commission, at which time the director shall advise it	58651
regarding the operation and administration of the lottery. The	58652
director shall make available at the request of the commission all	58653
documents, files, and other records pertaining to the operation	58654
and administration of the lottery. The director shall prepare and	58655
make available to the commission each month a complete and	58656
accurate accounting of lottery revenues, prize money disbursements	58657
and the cost of goods and services awarded as prizes, operating	58658
expenses, and all other relevant financial information, including	58659
an accounting of all transfers made from any lottery funds in the	58660
custody of the treasurer of state to benefit education.	58661

(G) The director may enter into contracts for the operation	58662
or promotion of the lottery pursuant to Chapter 125. of the	58663
Revised Code.	58664

(H)(1) Pursuant to rules adopted by the commission under	58665
section 3770.03 of the Revised Code, the director shall require	58666
any lottery sales agents to ~~either mail directly to the commission~~	58667
or deposit to the credit of the state lottery fund, in banking	58668
institutions designated by the treasurer of state, net proceeds	58669
due the commission as determined by the director~~, and to file with~~	58670
~~the director or the director's designee reports of their receipts~~	58671
~~and transactions in the sale of lottery tickets in the form~~	58672
~~required by the director~~.	58673

(2) Pursuant to rules adopted by the commission under Chapter	58674
119. of the Revised Code, the director may impose penalties for	58675
the failure of a sales agent to transfer funds to the commission	58676
in a timely manner. Penalties may include monetary penalties,	58677
immediate suspension or revocation of a license, or any other	58678
penalty the commission adopts by rule.	58679

(I) The director may arrange for any person, or any banking	58680
institution, to perform functions and services in connection with	58681
the operation of the lottery as the director may consider	58682
necessary to carry out this chapter.	58683

(J)(1) As used in this chapter, "statewide joint lottery	58684
game" means a lottery game that the commission sells solely within	58685
this state under an agreement with other lottery jurisdictions to	58686
sell the same lottery game solely within their statewide or other	58687
jurisdictional boundaries.	58688

(2) If the governor directs the director to do so, the	58689
director shall enter into an agreement with other lottery	58690
jurisdictions to conduct statewide joint lottery games. If the	58691
governor signs the agreement personally or by means of an	58692
authenticating officer pursuant to section 107.15 of the Revised	58693
Code, the director then may conduct statewide joint lottery games	58694
under the agreement.	58695

(3) The entire net proceeds from any statewide joint lottery	58696
games shall be used to fund elementary, secondary, vocational, and	58697
special education programs in this state.	58698

(4) The commission shall conduct any statewide joint lottery	58699
games in accordance with rules it adopts under division (B)(5) of	58700
section 3770.03 of the Revised Code.	58701

(K)(1) The director shall enter into an agreement with the	58702
department of ~~alcohol and drug addiction services~~mental health	58703
and addiction services under which the department shall provide a	58704
program of gambling addiction services on behalf of the	58705
commission. The commission shall pay the costs of the program	58706
provided pursuant to the agreement.	58707

(2) As used in this section, "gambling addiction services"	58708
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	58709
Code.	58710

Sec. 3770.06. (A) There is hereby created the state lottery	58711
gross revenue fund, which shall be in the custody of the treasurer	58712
of state but shall not be part of the state treasury. All gross	58713
revenues received from sales of lottery tickets, fines, fees, and	58714
related proceeds in connection with the statewide lottery and all	58715
gross proceeds from statewide joint lottery games shall be	58716
deposited into the fund. The treasurer of state shall invest any	58717
portion of the fund not needed for immediate use in the same	58718
manner as, and subject to all provisions of law with respect to	58719
the investment of, state funds. The treasurer of state shall	58720
disburse money from the fund on order of the director of the state	58721
lottery commission or the director's designee.	58722

Except for gross proceeds from statewide joint lottery games,	58723
all revenues of the state lottery gross revenue fund that are not	58724
paid to holders of winning lottery tickets, that are not required	58725
to meet short-term prize liabilities, that are not credited to	58726
lottery sales agents in the form of bonuses, commissions, or	58727
reimbursements, that are not paid to financial institutions to	58728
reimburse those institutions for sales agent nonsufficient funds,	58729
and that are collected from sales agents for remittance to	58730
insurers under contract to provide sales agent bonding services	58731
shall be transferred to the state lottery fund, which is hereby	58732
created in the state treasury. In addition, all revenues of the	58733
state lottery gross revenue fund that represent the gross proceeds	58734
from the statewide joint lottery games and that are not paid to	58735
holders of winning lottery tickets, that are not required to meet	58736
short-term prize liabilities, that are not credited to lottery	58737
sales agents in the form of bonuses, commissions, or	58738
reimbursements, and that are not necessary to cover operating	58739
expenses associated with those games or to otherwise comply with	58740
the agreements signed by the governor that the director enters	58741
into under division (J) of section 3770.02 of the Revised Code or	58742
the rules the commission adopts under division (B)(5) of section	58743
3770.03 of the Revised Code shall be transferred to the state	58744
lottery fund. All investment earnings of the fund shall be	58745
credited to the fund. Moneys shall be disbursed from the fund	58746
pursuant to vouchers approved by the director. Total disbursements	58747
for monetary prize awards to holders of winning lottery tickets in	58748
connection with the statewide lottery and purchases of goods and	58749
services awarded as prizes to holders of winning lottery tickets	58750
shall be of an amount equal to at least fifty per cent of the	58751
total revenue accruing from the sale of lottery tickets.	58752

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	58753
there is hereby established in the state treasury the lottery	58754
profits education fund. Whenever, in the judgment of the director	58755
of the state lottery commission, the amount to the credit of the	58756
state lottery fund that does not represent proceeds from statewide	58757
joint lottery games is in excess of that needed to meet the	58758
maturing obligations of the commission and as working capital for	58759
its further operations, the director of the state lottery	58760
commission shall recommend the amount of the excess to be	58761
transferred to the lottery profits education fund, and the	58762
director of budget and management may transfer the excess to the	58763
lottery profits education fund in connection with the statewide	58764
lottery. In addition, whenever, in the judgment of the director of	58765
the state lottery commission, the amount to the credit of the	58766
state lottery fund that represents proceeds from statewide joint	58767
lottery games equals the entire net proceeds of those games as	58768
described in division (B)(5) of section 3770.03 of the Revised	58769
Code and the rules adopted under that division, the director of	58770
the state lottery commission shall recommend the amount of the	58771
proceeds to be transferred to the lottery profits education fund,	58772
and the director of budget and management may transfer those	58773
proceeds to the lottery profits education fund. Investment	58774
earnings of the lottery profits education fund shall be credited	58775
to the fund.	58776

The lottery profits education fund shall be used solely for	58777
the support of elementary, secondary, vocational, and special	58778
education programs as determined in appropriations made by the	58779
general assembly, or as provided in applicable bond proceedings	58780
for the payment of debt service on obligations issued to pay costs	58781
of capital facilities, including those for a system of common	58782
schools throughout the state pursuant to section 2n of Article	58783
VIII, Ohio Constitution. When determining the availability of	58784
money in the lottery profits education fund, the director of	58785
budget and management may consider all balances and estimated	58786
revenues of the fund.	58787

(C) There is hereby established in the state treasury the	58788
deferred prizes trust fund. With the approval of the director of	58789
budget and management, an amount sufficient to fund annuity prizes	58790
shall be transferred from the state lottery fund and credited to	58791
the trust fund. The treasurer of state shall credit all earnings	58792
arising from investments purchased under this division to the	58793
trust fund. Within sixty days after the end of each fiscal year,	58794
the treasurer of state shall certify to the director of budget and	58795
management whether the actuarial amount of the trust fund is	58796
sufficient over the fund's life for continued funding of all	58797
remaining deferred prize liabilities as of the last day of the	58798
fiscal year just ended. Also, within that sixty days, the director	58799
of budget and management shall certify the amount of investment	58800
earnings necessary to have been credited to the trust fund during	58801
the fiscal year just ending to provide for such continued funding	58802
of deferred prizes. Any earnings credited in excess of the latter	58803
certified amount shall be transferred to the lottery profits	58804
education fund.	58805

To provide all or a part of the amounts necessary to fund	58806
deferred prizes awarded by the commission in connection with the	58807
statewide lottery, the treasurer of state, in consultation with	58808
the commission, may invest moneys contained in the deferred prizes	58809
trust fund which represents proceeds from the statewide lottery in	58810
obligations of the type permitted for the investment of state	58811
funds but whose maturities are thirty years or less.	58812
Notwithstanding the requirements of any other section of the	58813
Revised Code, to provide all or part of the amounts necessary to	58814
fund deferred prizes awarded by the commission in connection with	58815
statewide joint lottery games, the treasurer of state, in	58816
consultation with the commission, may invest moneys in the trust	58817
fund which represent proceeds derived from the statewide joint	58818
lottery games in accordance with the rules the commission adopts	58819
under division (B)(5) of section 3770.03 of the Revised Code.	58820
Investments of the trust fund are not subject to the provisions of	58821
division (A)(10) of section 135.143 of the Revised Code limiting	58822
to twenty-five per cent the amount of the state's total average	58823
portfolio that may be invested in debt interests and limiting to	58824
one-half of one per cent the amount that may be invested in debt	58825
interests of a single issuer.	58826

All purchases made under this division shall be effected on a	58827
delivery versus payment method and shall be in the custody of the	58828
treasurer of state.	58829

The treasurer of state may retain an investment advisor, if	58830
necessary. The commission shall pay any costs incurred by the	58831
treasurer of state in retaining an investment advisor.	58832

(D) The auditor of state shall conduct annual audits of all	58833
funds and any other audits as the auditor of state or the general	58834
assembly considers necessary. The auditor of state may examine all	58835
records, files, and other documents of the commission, and records	58836
of lottery sales agents that pertain to their activities as	58837
agents, for purposes of conducting authorized audits.	58838

(E) The state lottery commission shall establish an internal	58839
audit ~~program~~plan before the beginning of each fiscal year,	58840
subject to the approval of the ~~auditor~~office of ~~state~~internal	58841
audit in the office of budget and management. At the end of each	58842
fiscal year, the commission shall prepare and submit an annual	58843
report to the ~~auditor~~office of ~~state~~internal audit for the	58844
~~auditor of state's~~office's review and approval, specifying the	58845
internal audit work completed by the end of that fiscal year and	58846
reporting on compliance with the annual internal audit ~~program.~~	58847
~~The form and content of the report shall be prescribed by the~~	58848
~~auditor of state under division (C) of section 117.20 of the~~	58849
~~Revised Code~~plan.	58850

~~(E)~~(F) Whenever, in the judgment of the director of budget	58851
and management, an amount of net state lottery proceeds is	58852
necessary to be applied to the payment of debt service on	58853
obligations, all as defined in sections 151.01 and 151.03 of the	58854
Revised Code, the director shall transfer that amount directly	58855
from the state lottery fund or from the lottery profits education	58856
fund to the bond service fund defined in those sections. The	58857
provisions of this division are subject to any prior pledges or	58858
obligation of those amounts to the payment of bond service charges	58859
as defined in division (C) of section 3318.21 of the Revised Code,	58860
as referred to in division (B) of this section.	58861

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	58862
the commission shall have authority to complete the functions of	58863
licensing, regulating, investigating, and penalizing casino	58864
operators, management companies, holding companies, key employees,	58865
casino gaming employees, and gaming-related vendors. The	58866
commission also shall have jurisdiction over all persons	58867
participating in casino gaming authorized by Section 6(C) of	58868
Article XV, Ohio Constitution, and this chapter.	58869

(B) All rules adopted by the commission under this chapter	58870
shall be adopted under procedures established in Chapter 119. of	58871
the Revised Code. The commission may contract for the services of	58872
experts and consultants to assist the commission in carrying out	58873
its duties under this section.	58874

(C) Within six months of September 10, 2010, the commission	58875
shall adopt initial rules as are necessary for completing the	58876
functions stated in division (A) of this section and for	58877
addressing the subjects enumerated in division (D) of this	58878
section.	58879

(D) The commission shall adopt, and as advisable and	58880
necessary shall amend or repeal, rules that include all of the	58881
following:	58882

(1) The prevention of practices detrimental to the public	58883
interest;	58884

(2) Prescribing the method of applying, and the form of	58885
application, that an applicant for a license under this chapter	58886
must follow as otherwise described in this chapter;	58887

(3) Prescribing the information to be furnished by an	58888
applicant or licensee as described in section 3772.11 of the	58889
Revised Code;	58890

(4) Describing the certification standards and duties of an	58891
independent testing laboratory certified under section 3772.31 of	58892
the Revised Code and the relationship between the commission, the	58893
laboratory, the gaming-related vendor, and the casino operator;	58894

(5) The minimum amount of insurance that must be maintained	58895
by a casino operator, management company, holding company, or	58896
gaming-related vendor;	58897

(6) The approval process for ~~a significant~~any change in	58898
~~ownership~~ or transfer of control of a ~~licensee~~casino operator as	58899
provided in section 3772.091 of the Revised Code;	58900

(7) The design of gaming supplies, devices, and equipment to	58901
be distributed by gaming-related vendors;	58902

(8) Identifying the casino gaming that is permitted,	58903
identifying the gaming supplies, devices, and equipment, that are	58904
permitted, defining the area in which the permitted casino gaming	58905
may be conducted, and specifying the method of operation according	58906
to which the permitted casino gaming is to be conducted as	58907
provided in section 3772.20 of the Revised Code, and requiring	58908
gaming devices and equipment to meet the standards of this state;	58909

(9) Tournament play in any casino facility;

58910

(10) Establishing and implementing a voluntary exclusion	58911
program that provides all of the following:	58912

(a) Except as provided by commission rule, a person who	58913
participates in the program shall agree to refrain from entering a	58914
casino facility.	58915

(b) The name of a person participating in the program shall	58916
be included on a list of persons excluded from all casino	58917
facilities.	58918

(c) Except as provided by commission rule, no person who	58919
participates in the program shall petition the commission for	58920
admittance into a casino facility.	58921

(d) The list of persons participating in the program and the	58922
personal information of those persons shall be confidential and	58923
shall only be disseminated by the commission to a casino operator	58924
and the agents and employees of the casino operator for purposes	58925
of enforcement and to other entities, upon request of the	58926
participant and agreement by the commission.	58927

(e) A casino operator shall make all reasonable attempts as	58928
determined by the commission to cease all direct marketing efforts	58929
to a person participating in the program.	58930

(f) A casino operator shall not cash the check of a person	58931
participating in the program or extend credit to the person in any	58932
manner. However, the program shall not exclude a casino operator	58933
from seeking the payment of a debt accrued by a person before	58934
participating in the program.	58935

(g) Any and all locations at which a person may register as a	58936
participant in the program shall be published.	58937

(11) Requiring the commission to adopt standards regarding	58938
the marketing materials of a licensed casino operator, including	58939
allowing the commission to prohibit marketing materials that are	58940
contrary to the adopted standards;	58941

(12) Requiring that the records, including financial	58942
statements, of any casino operator, management company, holding	58943
company, and gaming-related vendor be maintained in the manner	58944
prescribed by the commission and made available for inspection	58945
upon demand by the commission, but shall be subject to section	58946
3772.16 of the Revised Code;	58947

(13) Permitting a licensed casino operator, management	58948
company, key employee, or casino gaming employee to question a	58949
person suspected of violating this chapter;	58950

(14) The chips, tokens, tickets, electronic cards, or similar	58951
objects that may be purchased by means of an agreement under which	58952
credit is extended to a wagerer by a casino operator;	58953

(15) Establishing standards for provisional key employee	58954
licenses for a person who is required to be licensed as a key	58955
employee and is in exigent circumstances and standards for	58956
provisional licenses for casino gaming employees who submit	58957
complete applications and are compliant under an instant	58958
background check. A provisional license shall be valid not longer	58959
than three months. A provisional license may be renewed one time,	58960
at the commission's discretion, for an additional three months. In	58961
establishing standards with regard to instant background checks	58962
the commission shall take notice of criminal records checks as	58963
they are conducted under section 311.41 of the Revised Code using	58964
electronic fingerprint reading devices.	58965

(16) Establishing approval procedures for third-party	58966
engineering or accounting firms, as described in section 3772.09	58967
of the Revised Code;	58968

(17) Prescribing the manner in which winnings, compensation	58969
from casino gaming, and gross revenue must be computed and	58970
reported by a licensee as described in Chapter 5753. of the	58971
Revised Code;	58972

(18) Prescribing conditions under which a licensee's license	58973
may be suspended or revoked as described in section 3772.04 of the	58974
Revised Code;	58975

(19) Prescribing the manner and procedure of all hearings to	58976
be conducted by the commission or by any hearing examiner;	58977

(20) Prescribing technical standards and requirements that	58978
are to be met by security and surveillance equipment that is used	58979
at and standards and requirements to be met by personnel who are	58980
employed at casino facilities, and standards and requirements for	58981
the provision of security at and surveillance of casino	58982
facilities;	58983

(21) Prescribing requirements for a casino operator to	58984
provide unarmed security services at a casino facility by licensed	58985
casino employees, and the training that shall be completed by	58986
these employees;	58987

(22) Prescribing standards according to which casino	58988
operators shall keep accounts and standards according to which	58989
casino accounts shall be audited, and establish means of assisting	58990
the tax commissioner in levying and collecting the gross casino	58991
revenue tax levied under section 5753.02 of the Revised Code;	58992

(23) Defining penalties for violation of commission rules and	58993
a process for imposing such penalties subject to the review of the	58994
joint committee on gaming and wagering;	58995

(24) Establishing standards for decertifying contractors that	58996
violate statutes or rules of this state or the federal government;	58997

(25) Establishing standards for the repair of casino gaming	58998
equipment;	58999

(26) Establishing procedures to ensure that casino operators,	59000
management companies, and holding companies are compliant with the	59001
compulsive and problem gambling plan submitted under section	59002
3772.18 of the Revised Code;	59003

(27) Prescribing, for institutional investors in or holding	59004
companies of a casino operator, management company, holding	59005
company, or gaming-related vendor that fall below the threshold	59006
needed to be considered an institutional investor or a holding	59007
company, standards regarding what any employees, members, or	59008
owners of those investors or holding companies may do and shall	59009
not do in relation to casino facilities and casino gaming in this	59010
state, which standards shall rationally relate to the need to	59011
proscribe conduct that is inconsistent with passive institutional	59012
investment status;	59013

(28) Providing for any other thing necessary and proper for	59014
successful and efficient regulation of casino gaming under this	59015
chapter.	59016

(E) The commission shall employ and assign gaming agents as	59017
necessary to assist the commission in carrying out the duties of	59018
this chapter. In order to maintain employment as a gaming agent,	59019
the gaming agent shall successfully complete all continuing	59020
training programs required by the commission and shall not have	59021
been convicted of or pleaded guilty or no contest to a	59022
disqualifying offense as defined in section 3772.07 of the Revised	59023
Code.	59024

(F) The commission, as a law enforcement agency, and its	59025
gaming agents, as law enforcement officers as defined in section	59026
2901.01 of the Revised Code, shall have authority with regard to	59027
the detection and investigation of, the seizure of evidence	59028
allegedly relating to, and the apprehension and arrest of persons	59029
allegedly committing gaming offenses, and shall have access to	59030
casino facilities to carry out the requirements of this chapter.	59031

(G) The commission may eject or exclude or authorize the	59032
ejection or exclusion of and a gaming agent may eject a person	59033
from a casino facility for any of the following reasons:	59034

(1) The person's name is on the list of persons voluntarily	59035
excluding themselves from all casinos in a program established	59036
according to rules adopted by the commission;	59037

(2) The person violates or conspires to violate this chapter	59038
or a rule adopted thereunder; or	59039

(3) The commission determines that the person's conduct or	59040
reputation is such that the person's presence within a casino	59041
facility may call into question the honesty and integrity of the	59042
casino gaming operations or interfere with the orderly conduct of	59043
the casino gaming operations.	59044

(H) A person, other than a person participating in a	59045
voluntary exclusion program, may petition the commission for a	59046
public hearing on the person's ejection or exclusion under this	59047
chapter.	59048

(I) A casino operator or management company shall have the	59049
same authority to eject or exclude a person from the management	59050
company's casino facilities as authorized in division (G) of this	59051
section. The licensee shall immediately notify the commission of	59052
an ejection or exclusion.	59053

(J) The commission shall submit a written annual report with	59054
the governor, president and minority leader of the senate, speaker	59055
and minority leader of the house of representatives, and joint	59056
committee on gaming and wagering before the first day of September	59057
each year. The annual report shall include a statement describing	59058
the receipts and disbursements of the commission, relevant	59059
financial data regarding casino gaming, including gross revenues	59060
and disbursements made under this chapter, actions taken by the	59061
commission, an update on casino operators', management companies',	59062
and holding companies' compulsive and problem gambling plans and	59063
the voluntary exclusion program and list, and any additional	59064
information that the commission considers useful or that the	59065
governor, president or minority leader of the senate, speaker or	59066
minority leader of the house of representatives, or joint	59067
committee on gaming and wagering requests.	59068

(K) Notwithstanding any law to the contrary, beginning on	59069
July 1, 2011, the commission shall assume jurisdiction over and	59070
oversee the regulation of skill-based amusement machines as is	59071
provided in the law of this state.	59072

Sec. 3772.062. (A) The executive director of the commission	59073
shall enter into an agreement with the department of ~~alcohol and~~	59074
~~drug addiction services~~mental health and addiction services under	59075
which the department provides a program of gambling and addiction	59076
services on behalf of the commission.	59077

(B) The executive director of the commission, in conjunction	59078
with the department of ~~alcohol and drug addiction services~~mental	59079
health and addiction services and the state lottery commission,	59080
shall establish, operate, and publicize an in-state, toll-free	59081
telephone number Ohio residents may call to obtain basic	59082
information about problem gambling, the gambling addiction	59083
services available to problem gamblers, and how a problem gambler	59084
may obtain help. The telephone number shall be staffed twenty-four	59085
hours per day, seven days a week, to respond to inquiries and	59086
provide that information. The costs of establishing, operating,	59087
and publicizing the telephone number shall be paid for with money	59088
in the problem casino gambling and addictions fund.	59089

Sec. 3772.091. (A) NoA casino operator license issued under	59090
this chapter is transferable, subject to approval by the	59091
commission. ~~Except as provided in division (B) of this section,~~	59092
~~new majority ownership interest or~~Any such transfer shall require	59093
the filing of an application for transferring a casino operator	59094
license and submission of an application fee with the commission	59095
before the transfer may be approved.	59096

(B) A new majority ownership interest in or change in or	59097
transfer of control of a ~~licensee~~casino operator shall require a	59098
~~new license~~commission approval. ~~The commission may reopen a~~	59099
~~licensing investigation at any time. A significant~~Any such	59100
ownership interest in or change in or transfer of control~~, as~~	59101
~~determined by the commission,~~ shall require the filing of an	59102
application for ~~a new~~transferring the casino operator license and	59103
submission of ~~a license~~an application fee with the commission	59104
before ~~any such~~the ownership interest in or the change in or	59105
transfer of control ismay be approved. ~~A change in or transfer of~~	59106
~~control to an immediate family member is not considered a~~	59107
~~significant change under this section~~	59108

(C) An application for transferring a casino operator license	59109
shall be made under oath on forms prescribed by the commission and	59110
shall contain the information required by section 3772.11 of the	59111
Revised Code and the rules adopted thereunder.	59112

(D) The fee to obtain an application for transferring a	59113
casino operator license shall be the same as is required to obtain	59114
an application under division (C) of section 3772.17 of the	59115
Revised Code. Such an application fee may be increased to the	59116
extent that the actual review and investigation costs relating to	59117
an applicant exceed the fee set forth in this division. This	59118
application fee is nonrefundable and shall be deposited into the	59119
casino control commission fund.	59120

(E) In the determination of whether to approve the transfer	59121
of a casino operator license, the applicant shall prove their	59122
suitability for licensure by clear and convincing evidence and the	59123
commission shall consider all the factors established in this	59124
chapter that pertain to the granting of a casino operator license.	59125

(F) The commission may reopen a licensing investigation at	59126
any time.	59127

~~(B) An initial license shall not be considered transferred,~~	59128
~~and a new license shall not be required, when an initial licensee~~	59129
~~that is licensed before June 1, 2013, does or has done both of the~~	59130
~~following:~~	59131

~~(1) Obtains a majority ownership interest in, or a change in~~	59132
~~or transfer of control of, another initial licensee for the same~~	59133
~~casino facility; and~~	59134

~~(2) Was investigated under this chapter as a parent,~~	59135
~~affiliate, subsidiary, key employee, or partner, or joint venturer~~	59136
~~with another initial licensee that has held for the same casino~~	59137
~~facility a majority ownership interest in or control of the~~	59138
~~initial license when the initial license was issued and when such~~	59139
~~an initial licensee obtains a majority ownership interest in or a~~	59140
~~change in or transfer of control.~~	59141

~~(C)~~(G) As used in this section:

59142

~~(1) "Control"~~, "control" means either of the following:

59143

~~(a)~~(1) Either:

59144

~~(i)~~(a) Holding fifty per cent or more of the outstanding	59145
voting securities of a licensee; or	59146

~~(ii)~~(b) For an unincorporated licensee, having the right to	59147
fifty per cent or more of the profits of the licensee, or having	59148
the right in the event of dissolution to fifty per cent or more of	59149
the assets of the licensee.	59150

~~(b)~~(2) Having the contractual power presently to designate	59151
fifty per cent or more of the directors of a for-profit or	59152
not-for-profit corporation, or in the case of trusts described in	59153
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	59154
a trust.	59155

~~(2) "Initial license" means the first plenary license issued~~	59156
~~to an initial licensee.~~	59157

~~(3) "Initial licensee" means any of the persons issued an~~	59158
~~initial license to conduct or participate in conducting casino~~	59159
~~gaming at each casino facility as either a casino operator, a~~	59160
~~management company, or a holding company of a casino operator or~~	59161
~~management company.~~	59162

Sec. 3772.092. (A) Except as provided in division (A) of	59163
section 3772.091 of the Revised Code, no license issued under this	59164
chapter is transferable.	59165

(B) Except as provided in division (B) of section 3772.091 of	59166
the Revised Code, a new majority ownership interest in or a change	59167
in or transfer of control of a licensee shall require a new	59168
license. Any such ownership interest in or change in or transfer	59169
of control shall require the filing of the applicable application	59170
for a new license and submission of the applicable application and	59171
license fees with the commission before the new license may be	59172
issued.	59173

(C) An application for the applicable new license shall be	59174
made under oath on forms prescribed by the commission and shall	59175
contain the information required by this chapter and the rules	59176
adopted thereunder.	59177

(D) The applicable application and license fees shall be in	59178
the amounts prescribed in section 3772.17 of the Revised Code and	59179
the rules adopted thereunder. Such an application fee may be	59180
increased to the extent that the actual review and investigation	59181
costs relating to an applicant exceed the fee set forth in this	59182
division. The application fee is nonrefundable and shall be	59183
deposited into the casino control commission fund.	59184

(E) In the determination of whether to approve the	59185
application for a new license, the applicant shall prove their	59186
suitability for licensure by clear and convincing evidence and the	59187
commission shall consider all of the factors established in this	59188
chapter that pertain to the granting of such a license.	59189

(F) The commission may reopen a licensing investigation at	59190
any time.	59191

(G) As used in this section, "control" has the same meaning	59192
as in division (G) of section 3772.091 of the Revised Code.	59193

Sec. 3781.112. (A) As used in this section, "secured	59194
facility" means any of the following:	59195

(1) A maternity unit, newborn care nursery, or maternity home	59196
licensed under Chapter 3711. of the Revised Code;	59197

(2) A pediatric intensive care unit subject to rules adopted	59198
by the director of health pursuant to section 3702.11 of the	59199
Revised Code;	59200

(3) A children's hospital, as defined in section 3727.01 of	59201
the Revised Code;	59202

(4) A hospital that is licensed under section ~~5119.20~~5119.33	59203
of the Revised Code to receive mentally ill persons;	59204

(5) The portion of a nursing home licensed under section	59205
3721.02 of the Revised Code or in accordance with section 3721.09	59206
of the Revised Code in which specialized care is provided to	59207
residents of the nursing home who have physical or mental	59208
conditions that require a resident to be restricted in the	59209
resident's freedom of movement for the health and safety of the	59210
resident, the staff attending the resident, or the general public.	59211

(B) A secured facility may take reasonable steps in	59212
accordance with rules the board of building standards adopts under	59213
division (A) of section 3781.10 of the Revised Code and in	59214
accordance with the state fire code the fire marshal adopts under	59215
section 3737.82 of the Revised Code, to deny egress to confine and	59216
protect patients or residents of the secured facility who are not	59217
capable of self-preservation. A secured facility that wishes to	59218
deny egress to those patients or residents may use delayed-egress	59219
doors and electronically coded doors to deny egress, on the	59220
condition that those doors are installed and used in accordance	59221
with rules the board of building standards adopts under division	59222
(A) of section 3781.10 of the Revised Code and in accordance with	59223
the state fire code the fire marshal adopts under section 3737.82	59224
of the Revised Code. A secured facility also may install	59225
controlled-egress locks, in compliance with rules the board of	59226
building standards adopts under division (A) of section 3781.10 of	59227
the Revised Code and in compliance with the state fire code the	59228
fire marshal adopts under section 3737.82 of the Revised Code, in	59229
areas of the secured facility where patients or residents who have	59230
physical or mental conditions that would endanger the patients or	59231
residents, the staff attending the patients or residents, or the	59232
general public if those patients or residents are not restricted	59233
in their freedom of movement. A secured facility that uses	59234
delayed-egress doors and electronically coded doors,	59235
controlled-egress locks, or both, shall do both of the following:	59236

(1) Provide continuous, twenty-four-hour custodial care to	59237
the patients or residents of the facility;	59238

(2) Establish a system to evacuate patients or residents in	59239
the event of fire or other emergency.	59240

Sec. 3798.01. As used in this chapter:

59241

(A) "Administrative safeguards," "physical safeguards," and	59242
"technical safeguards" have the same meanings as in 45 C.F.R.	59243
164.304.	59244

(B) "Approved health information exchange" means a health	59245
information exchange that has been approved or reapproved by the	59246
director of job and family services pursuant to the approval or	59247
reapproval process, as applicable, the director establishes in	59248
rules adopted under division (A) of section 3798.15 of the Revised	59249
Code or that has been certified by the office of the national	59250
coordinator for health information technology in the United States	59251
department of health and human services.	59252

(C) "Covered entity," "disclosure," "health care provider,"	59253
"health information," "individually identifiable health	59254
information," "protected health information," and "use" have the	59255
same meanings as in 45 C.F.R. 160.103.	59256

(D) "Designated record set" has the same meaning as in 45	59257
C.F.R. 164.501.	59258

(E) "Direct exchange" means the activity of electronic	59259
transmission of health information through a direct connection	59260
between the electronic record systems of health care providers	59261
without the use of a health information exchange.	59262

(F) "Health care component" and "hybrid entity" have the same	59263
meanings as in 45 C.F.R. 164.103.	59264

(G) "Health information exchange" means any person or	59265
governmental entity that provides in this state a technical	59266
infrastructure to connect computer systems or other electronic	59267
devices used by covered entities to facilitate the secure	59268
transmission of health information. "Health information exchange"	59269
excludes health care providers engaged in direct exchange,	59270
including direct exchange through the use of a health information	59271
service provider.	59272

(H) "HIPAA privacy rule" means the standards for privacy of	59273
individually identifiable health information in 45 C.F.R. part 160	59274
and in 45 C.F.R. part 164, subparts A and E.	59275

(I) "Interoperability" means the capacity of two or more	59276
information systems to exchange information in an accurate,	59277
effective, secure, and consistent manner.	59278

(J) "Minor" means an unemancipated person under eighteen	59279
years of age or a mentally or physically disabled person under	59280
twenty-one years of age who meets criteria specified in rules	59281
adopted by the director of job and family services under section	59282
3798.13 of the Revised Code.	59283

(K) "More stringent" has the same meaning as in 45 C.F.R.	59284
160.202.	59285

(L) "Office of health transformation" means the office of	59286
health transformation created by executive order 2011-02K or a	59287
successor governmental entity responsible for health system	59288
oversight in this state.	59289

(M) "Personal representative" means a person who has	59290
authority under applicable law to make decisions related to health	59291
care on behalf of an adult or emancipated minor, or the parent,	59292
legal guardian, or other person acting in loco parentis who is	59293
authorized under law to make health care decisions on behalf of an	59294
unemancipated minor. "Personal representative" does not include	59295
the parent or legal guardian of, or another person acting in loco	59296
parentis to, a minor who consents to the minor's own receipt of	59297
health care or a minor who makes medical decisions on the minor's	59298
own behalf pursuant to law, court approval, or because the minor's	59299
parent, legal guardian, or other person acting in loco parentis	59300
has assented to an agreement of confidentiality between the	59301
provider and the minor.	59302

(N) "Political subdivision" means a municipal corporation,	59303
township, county, school district, or other body corporate and	59304
politic responsible for governmental activities in a geographic	59305
area smaller than that of the state.	59306

(O) "State agency" means any one or more of the following:

59307

(1) The department of aging;

59308

(2) The department of ~~alcohol and drug addiction services~~	59309
mental health and addiction services;	59310

(3) The department of developmental disabilities;

59311

(4) The department of education;

59312

(5) The department of health;

59313

(6) The department of insurance;

59314

(7) The department of job and family services;

59315

(8) The department of ~~mental health~~medicaid;

59316

(9) The department of rehabilitation and correction;

59317

(10) The department of youth services;

59318

(11) The bureau of workers' compensation;

59319

(12) The rehabilitation services commission;

59320

(13) The office of the attorney general;

59321

(14) A health care licensing board created under Title XLVII	59322
of the Revised Code that possesses individually identifiable	59323
health information.	59324

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	59325
the Revised Code do not apply to the following:	59326

(A) Policies offering coverage that is regulated under	59327
Chapters 3935. and 3937. of the Revised Code;	59328

(B) An employer's self-insurance plan and any of its	59329
administrators, as defined in section 3959.01 of the Revised Code,	59330
to the extent that federal law supersedes, preempts, prohibits, or	59331
otherwise precludes the application of any provisions of those	59332
sections to the plan and its administrators;	59333

(C) A third-party payer for coverage provided under the	59334
medicare advantage program operated under Title XVIII of the	59335
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	59336
amended;	59337

(D) A third-party payer for coverage provided under the	59338
medicaid program ~~operated under Title XIX of the "Social Security~~	59339
~~Act~~," except that if a federal waiver applied for under section	59340
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	59341
director ~~of job and family services~~ determines that this provision	59342
can be implemented without a waiver, sections 3901.38 and 3901.381	59343
to 3901.3813 of the Revised Code apply to claims submitted	59344
electronically or non-electronically that are made with respect to	59345
coverage of medicaid recipients by health insuring corporations	59346
licensed under Chapter 1751. of the Revised Code, instead of the	59347
prompt payment requirements of 42 C.F.R. 447.46;	59348

(E) A third-party payer for coverage provided under the	59349
tricare program offered by the United States department of	59350
defense.	59351

Sec. 3903.14. (A) The superintendent of insurance as	59352
rehabilitator may appoint one or more special deputies, who shall	59353
have all the powers and responsibilities of the rehabilitator	59354
granted under this section, and the superintendent may employ such	59355
clerks and assistants as considered necessary. The compensation of	59356
the special deputies, clerks, and assistants and all expenses of	59357
taking possession of the insurer and of conducting the proceedings	59358
shall be fixed by the superintendent, with the approval of the	59359
court and shall be paid out of the funds or assets of the insurer.	59360
The persons appointed under this section shall serve at the	59361
pleasure of the superintendent. In the event that the property of	59362
the insurer does not contain sufficient cash or liquid assets to	59363
defray the costs incurred, the superintendent may advance the	59364
costs so incurred out of any appropriation for the maintenance of	59365
the department of insurance. Any amounts so advanced for expenses	59366
of administration shall be repaid to the superintendent for the	59367
use of the department out of the first available money of the	59368
insurer.	59369

(B) The rehabilitator may take such action as the	59370
rehabilitator considers necessary or appropriate to reform and	59371
revitalize the insurer. The rehabilitator shall have all the	59372
powers of the directors, officers, and managers, whose authority	59373
shall be suspended, except as they are redelegated by the	59374
rehabilitator. The rehabilitator shall have full power to direct	59375
and manage, to hire and discharge employees subject to any	59376
contract rights they may have, and to deal with the property and	59377
business of the insurer.	59378

(C) If it appears to the rehabilitator that there has been	59379
criminal or tortious conduct, or breach of any contractual or	59380
fiduciary obligation detrimental to the insurer by any officer,	59381
manager, agent, director, trustee, broker, employee, or other	59382
person, the rehabilitator may pursue all appropriate legal	59383
remedies on behalf of the insurer.	59384

(D) If the rehabilitator determines that reorganization,	59385
consolidation, conversion, reinsurance, merger, or other	59386
transformation of the insurer is appropriate, the rehabilitator	59387
shall prepare a plan to effect such changes. Upon application of	59388
the rehabilitator for approval of the plan, and after such notice	59389
and hearings as the court may prescribe, the court may either	59390
approve or disapprove the plan proposed, or may modify it and	59391
approve it as modified. Any plan approved under this section shall	59392
be, in the judgment of the court, fair and equitable to all	59393
parties concerned. If the plan is approved, the rehabilitator	59394
shall carry out the plan. In the case of a life insurer, the plan	59395
proposed may include the imposition of liens upon the policies of	59396
the company, if all rights of shareholders are first relinquished.	59397
A plan for a life insurer may also propose imposition of a	59398
moratorium upon loan and cash surrender rights under policies, for	59399
such period and to such an extent as may be necessary.	59400

(E) In the case of a medicaid health insuring corporation	59401
that has posted a bond or deposited securities in accordance with	59402
section 1751.271 of the Revised Code, the plan proposed under	59403
division (D) of this section may include the use of the proceeds	59404
of the bond or securities to first pay the claims of contracted	59405
providers for covered health care services provided to medicaid	59406
recipients, then next to pay other claimants with any remaining	59407
funds, consistent with the priorities set forth in sections	59408
3903.421 and 3903.42 of the Revised Code.	59409

(F) The rehabilitator shall have the power under sections	59410
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	59411
transfers.	59412

(G) As used in this section:

59413

(1) "Contracted provider" means a provider with a contract	59414
with a medicaid health insuring corporation to provide covered	59415
health care services to medicaid recipients.	59416

(2) "Medicaid recipient" means a person ~~eligible for~~	59417
~~assistance under~~enrolled in the medicaid program ~~operated~~	59418
~~pursuant to Chapter 5111. of the Revised Code~~.	59419

Sec. 3905.40. There shall be paid to the superintendent of	59420
insurance the following fees:	59421

(A) Each insurance company doing business in this state shall	59422
pay:	59423

(1) For filing a copy of its charter or deed of settlement,	59424
two hundred fifty dollars;	59425

(2) For filing each statement, one hundred seventy-five	59426
dollars;	59427

(3) For each certificate of authority or license, one hundred	59428
seventy-five, and for each certified copy thereof, five dollars;	59429

(4) For each copy of a paper filed in the superintendent's	59430
office, twenty cents per page;	59431

(5) For issuing certificates of deposits or certified copies	59432
thereof, five dollars for the first certificate or copy and one	59433
dollar for each additional certificate or copy;	59434

(6) For issuing certificates of compliance or certified	59435
copies thereof, sixty dollars;	59436

(7) For affixing the seal of office and certifying documents,	59437
other than those enumerated herein, two dollars;	59438

(8) For each agent appointment and each annual renewal of an	59439
agent appointment, not more than twenty dollars;	59440

~~(9) For each termination of an agent appointment, five~~	59441
~~dollars~~.	59442

(B) Each domestic life insurance company doing business in	59443
this state shall pay for annual valuation of its policies, one	59444
cent on every one thousand dollars of insurance.	59445

(C) Each applicant for licensure as an insurance agent except	59446
applicants for licensure as surety bail bond agents, surplus line	59447
brokers, and portable electronics insurance vendors shall pay ten	59448
dollars for each line of authority requested. Fees collected under	59449
this division shall be credited to the department of insurance	59450
operating fund created in section 3901.021 of the Revised Code.	59451

(D) Each domestic mutual life insurance company shall pay for	59452
verifying that any amendment to its articles of incorporation was	59453
regularly adopted, two hundred fifty dollars with each application	59454
for verification. Any such amendment shall be considered to have	59455
been regularly adopted when approved by the affirmative vote of	59456
two-thirds of the policyholders present in person or by proxy at	59457
any annual meeting of policyholders or at a special meeting of	59458
policyholders called for that purpose.	59459

(E) Each insurance agent doing business in this state shall	59460
pay a biennial license renewal fee of twenty-five dollars, except	59461
the following insurance agents are not required to pay that	59462
license renewal fee:	59463

(1) Individual resident agents who have met their continuing	59464
education requirements under section 3905.481 of the Revised Code;	59465

(2) Surety bail bond agents;

59466

(3) Surplus line brokers;

59467

(4) Portable electronics insurance vendors.

59468

(F) Each applicant for licensure as a portable electronics	59469
insurance vendor with a portable electronics insurance limited	59470
lines license and each licensed vendor doing business in this	59471
state shall pay the following fees prescribed by the	59472
superintendent:	59473

(1) For vendors engaged in portable electronic transactions	59474
at more than ten locations in this state, an application fee not	59475
to exceed five thousand dollars for an initial license and a	59476
biennial license renewal fee not to exceed two thousand five	59477
hundred dollars for each renewal thereafter;	59478

(2) For vendors engaged in portable electronic transactions	59479
at ten or fewer locations in this state, an application fee not to	59480
exceed three thousand dollars for an initial license and a	59481
biennial license renewal fee not to exceed one thousand dollars	59482
for each renewal thereafter.	59483

(G) All fees collected by the superintendent under this	59484
section except any fees collected under divisions (A)(2), (3), and	59485
(6) of this section shall be credited to the department of	59486
insurance operating fund created under section 3901.021 of the	59487
Revised Code.	59488

Sec. 3905.483. (A) There is hereby created the insurance	59489
agent education advisory council to advise the superintendent of	59490
insurance in carrying out the duties imposed under sections	59491
3905.04 and 3905.481 to 3905.486 of the Revised Code.	59492

(B) The council shall be composed of the superintendent, or	59493
the superintendent's designee, and twelve members appointed by the	59494
superintendent, as follows:	59495

(1) One representative of the association of Ohio life	59496
insurance companies;	59497

(2) One representative of the independent insurance agents of	59498
Ohio;	59499

(3) One representative of the Ohio association of health	59500
underwriters;	59501

(4) One representative of the national association of	59502
insurance and financial advisors-Ohio;	59503

(5) One representative of the Ohio insurance institute;

59504

(6) One representative of the professional insurance agents	59505
association of Ohio;	59506

(7) One representative of the Ohio land title association;

59507

(8) Two insurance agents each of whom has been licensed	59508
continuously during the five-year period immediately preceding the	59509
agent's appointment;	59510

(9) One representative of an insurance company admitted to	59511
transact business in this state;	59512

(10) Two representatives of consumers, one of whom shall be	59513
at least ~~sixty~~fifty years of age.	59514

(C)(1) Of the initial eleven appointments made by the	59515
superintendent, three shall be for terms ending December 31, 1994,	59516
four shall be for terms ending December 31, 1995, and four shall	59517
be for terms ending December 31, 1996. Thereafter, terms of office	59518
shall be for three years, each term ending on the thirty-first day	59519
of December of the third year.	59520

(2) The initial appointment of the twelfth member made by the	59521
superintendent under division (B)(7) of this section, pursuant to	59522
Am. Sub. S.B. 129 of the 124th general assembly, shall be for a	59523
term ending December 31, 2003. Thereafter, the term of office	59524
shall be for three years, ending on the thirty-first day of	59525
December of the third year.	59526

(D) Each member shall hold office from the date of	59527
appointment until the end of the term for which the member was	59528
appointed. Any member appointed to fill a vacancy occurring prior	59529
to the expiration of the term for which the member's predecessor	59530
was appointed shall hold office for the remainder of such term.	59531
Any member shall continue in office subsequent to the expiration	59532
date of the member's term until the member's successor takes	59533
office, or until a period of sixty days has elapsed, whichever	59534
occurs first. A vacancy shall be filled in the same manner as the	59535
original appointment.	59536

(E) Initial appointments to the council shall be made no	59537
later than thirty days after April 16, 1993. The initial	59538
appointment of the twelfth member to the council under division	59539
(B)(7) of this section, pursuant to Am. Sub. S.B. 129 of the 124th	59540
general assembly, shall be made no later than December 31, 2002.	59541

(F) Any member is eligible for reappointment. The	59542
superintendent, after notice and opportunity for a hearing, may	59543
remove for cause any member the superintendent appoints.	59544

(G) The superintendent or the superintendent's designee shall	59545
serve as chairperson of the council. Meetings shall be held upon	59546
the call of the chairperson and as may be provided by procedures	59547
adopted by the superintendent. Seven members of the council	59548
constitute a quorum.	59549

(H) Each member shall receive mileage and necessary and	59550
actual expenses while engaged in the business of the council.	59551

Sec. 3905.862. Upon the expiration or cancellation of a	59552
surety bail bond agent's appointment, the agent shall not engage	59553
or attempt to engage in any activity requiring such an	59554
appointment. However, an insurer that cancels the appointment of a	59555
surety bail bond agent may authorize the agent to continue to	59556
attempt the arrest and surrender of a defendant for whom a bail	59557
bond had been written prior to the cancellation and to seek	59558
discharge of forfeitures and judgments.	59559

~~An insurer that cancels the appointment of a surety bail bond~~	59560
~~agent or allows that appointment to expire shall pay to the~~	59561
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	59562
~~section 3905.40 of the Revised Code.~~	59563

Sec. 3916.06. (A)(1) With each application for a viatical	59564
settlement, a viatical settlement provider or viatical settlement	59565
broker shall disclose at least the following to a viator no later	59566
than the time all parties sign the application for the viatical	59567
settlement contract:	59568

(a) That there are possible alternatives to viatical	59569
settlement contracts, including any accelerated death benefits	59570
offered under the viator's policy;	59571

(b) That some or all of the proceeds of the viatical	59572
settlement may be subject to federal income taxation and state	59573
franchise and income taxation, and that assistance should be	59574
sought from a professional tax advisor;	59575

(c) That the proceeds of the viatical settlement could be	59576
subject to the claims of creditors;	59577

(d) That receipt of the proceeds of the viatical settlement	59578
may adversely affect the viator's eligibility for ~~medical~~	59579
~~assistance under Chapter 5111. of the Revised Code~~the medicaid	59580
program or other government benefits or entitlements, and that	59581
advice should be obtained from the appropriate government	59582
agencies;	59583

(e) That the viator has a right to rescind the viatical	59584
settlement contract for at least fifteen calendar days after the	59585
viator receives the viatical settlement proceeds, as provided in	59586
section 3916.08 of the Revised Code. If the insured dies during	59587
the rescission period, the viatical settlement contract shall be	59588
deemed to have been rescinded, subject to repayment of all	59589
viatical settlement proceeds to the viatical settlement company.	59590

(f) That funds will be sent to the viator within three	59591
business days after the viatical settlement provider has received	59592
written acknowledgment from the insurer or group administrator	59593
that ownership of the policy or interest in the certificate has	59594
been transferred and that the beneficiary has been designated	59595
pursuant to the viatical settlement contract;	59596

(g) That entering into a viatical settlement contract may	59597
cause other rights or benefits, including conversion rights and	59598
waiver of premium benefits that may exist under the policy, to be	59599
forfeited by the viator and that assistance should be sought from	59600
a financial advisor.	59601

(h) That following execution of the viatical settlement	59602
contract, the viatical settlement provider or the authorized	59603
representative of the viatical settlement provider may contact the	59604
insured for the purpose of determining the insured's health status	59605
and to confirm the insured's residential or business address and	59606
telephone number or for other purposes permitted by law. Any such	59607
contact shall be limited to once in any three-month period if the	59608
insured has a life expectancy of more than one year or to once per	59609
month if the insured has a life expectancy of one year or less.	59610

(2) The viatical settlement provider or viatical settlement	59611
broker shall provide the disclosures under division (A)(1) of this	59612
section in a separate document that is signed by the viator and	59613
the viatical settlement provider or viatical settlement broker.	59614

(3) Disclosure to a viator under division (A)(1) of this	59615
section shall include distribution of a brochure describing the	59616
process of viatical settlements. The viatical settlement provider	59617
or viatical settlement broker shall use the NAIC's form for the	59618
brochure unless another form is developed or approved by the	59619
superintendent.	59620

(4) The disclosure document under division (A)(1) of this	59621
section shall contain the following language:	59622

"All medical, financial, or personal information solicited or	59623
obtained by a viatical settlement provider or viatical settlement	59624
broker about an insured, including the insured's identity or the	59625
identity of family members, a spouse, or a significant other may	59626
be disclosed as necessary to effect the viatical settlement	59627
between the viator and the viatical settlement provider. If you	59628
are asked to provide this information, you will be asked to	59629
consent to the disclosure. The information may be provided to	59630
someone who buys the policy or provides funds for the purchase.	59631
You may be asked to renew your permission to share information	59632
every two years."	59633

(B)(1) A viatical settlement provider shall disclose at least	59634
the following to a viator prior to the date the viatical	59635
settlement contract is signed by all the necessary parties:	59636

(a) The affiliation, if any, between the viatical settlement	59637
provider and the issuer of the policy to be viaticated;	59638

(b) The name, business address, and telephone number of the	59639
viatical settlement provider;	59640

(c) Regarding a viatical settlement broker, the amount and	59641
method of calculating the broker's compensation. As used in this	59642
division, "compensation" includes anything of value paid or given	59643
to a viatical settlement broker for the placement of a policy or	59644
certificate.	59645

(d) Any affiliations or contractual arrangements between the	59646
viatical settlement provider and the viatical settlement broker;	59647

(e) If a policy to be viaticated has been issued as a joint	59648
policy or involves family riders or any coverage of a life other	59649
than the insured under the policy to be viaticated, the possible	59650
loss of coverage on the other lives under the policy and that	59651
advice should be sought from the viator's insurance agent or the	59652
company issuing the policy;	59653

(f) The dollar amount of the current death benefit payable to	59654
the viatical settlement provider under the policy, and, if known,	59655
the availability of any additional guaranteed insurance benefits,	59656
the dollar amount of any accidental death and dismemberment	59657
benefits under the policy, and the extent to which the viator's	59658
interest in those benefits will be transferred as a result of the	59659
viatical settlement contract.	59660

(g) That an escrow agent shall provide escrow services to the	59661
parties pursuant to a written agreement, signed by the viatical	59662
settlement provider, the viatical settlement broker, and the	59663
viator. At the close of escrow, the escrow agent will distribute	59664
the proceeds of the sale to the viator, minus any compensation to	59665
be paid to any other persons who provided services and to whom the	59666
viator has agreed to compensate out of the gross amount offered by	59667
the viatical settlement purchaser. All persons receiving any form	59668
of compensation under the escrow agreement shall be clearly	59669
identified, including name, business address, telephone number,	59670
and tax identification number.	59671

(2) The viatical settlement broker shall disclose at least	59672
the following to a viator prior to the execution of the viatical	59673
settlement contract:	59674

(a) The name, business address, and telephone number of the	59675
viatical settlement broker;	59676

(b) A full, complete, and accurate description of all offers,	59677
counteroffers, acceptances, and rejections relating to the	59678
proposed viatical settlement contract;	59679

(c) Any affiliations or contractual agreements between the	59680
viatical settlement broker and any person making an offer in	59681
connection with the proposed viatical settlement contract;	59682

(d) The amount and method of calculating the viatical	59683
settlement broker's compensation and, if any portion of the	59684
viatical settlement broker's compensation is taken from the	59685
viatical settlement offer, the total amount of the viatical	59686
settlement offer and the viatical settlement broker's compensation	59687
as a percentage of that total. As used in this division,	59688
"compensation" includes anything of value paid or given to a	59689
viatical settlement broker related to the settlement of a policy.	59690

(3) The viatical settlement provider or viatical settlement	59691
broker shall conspicuously display the disclosures required under	59692
divisions (B)(1) and (2) of this section in the viatical	59693
settlement contract or in a separate document signed by the viator	59694
and the viatical settlement provider or viatical settlement	59695
broker, as appropriate.	59696

(C) If the viatical settlement provider transfers ownership	59697
or changes the beneficiary of the policy, the viatical settlement	59698
provider shall communicate in writing the change in ownership or	59699
beneficiary to the insured within twenty days after the change.	59700

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	59701
Revised Code, every certificate furnished by an insurer in	59702
connection with, or pursuant to any provision of, any group	59703
sickness and accident insurance policy delivered, issued for	59704
delivery, renewed, or used in this state on or after January 1,	59705
1972, every policy of sickness and accident insurance delivered,	59706
issued for delivery, renewed, or used in this state on or after	59707
January 1, 1972, and every multiple employer welfare arrangement	59708
offering an insurance program, which provides that coverage of an	59709
unmarried dependent child of a parent or legal guardian will	59710
terminate upon attainment of the limiting age for dependent	59711
children specified in the contract shall also provide in substance	59712
both of the following:	59713

(1) Once an unmarried child has attained the limiting age for	59714
dependent children, as provided in the policy, upon the request of	59715
the insured, the insurer shall offer to cover the unmarried child	59716
until the child attains twenty-eight years of age if all of the	59717
following are true:	59718

(a) The child is the natural child, stepchild, or adopted	59719
child of the insured.	59720

(b) The child is a resident of this state or a full-time	59721
student at an accredited public or private institution of higher	59722
education.	59723

(c) The child is not employed by an employer that offers any	59724
health benefit plan under which the child is eligible for	59725
coverage.	59726

(d) The child is not eligible for ~~coverage under~~ the medicaid	59727
program ~~established under Chapter 5111. of the Revised Code~~ or the	59728
medicare program ~~established under Title XVIII of the "Social~~	59729
~~Security Act," 42 U.S.C. 1395~~.	59730

(2) That attainment of the limiting age for dependent	59731
children shall not operate to terminate the coverage of a	59732
dependent child if the child is and continues to be both of the	59733
following:	59734

(a) Incapable of self-sustaining employment by reason of	59735
mental retardation or physical handicap;	59736

(b) Primarily dependent upon the policyholder or certificate	59737
holder for support and maintenance.	59738

(B) Proof of such incapacity and dependence for purposes of	59739
division (A)(2) of this section shall be furnished by the	59740
policyholder or by the certificate holder to the insurer within	59741
thirty-one days of the child's attainment of the limiting age.	59742
Upon request, but not more frequently than annually after the	59743
two-year period following the child's attainment of the limiting	59744
age, the insurer may require proof satisfactory to it of the	59745
continuance of such incapacity and dependency.	59746

(C) Nothing in this section shall require an insurer to cover	59747
a dependent child who is mentally retarded or physically	59748
handicapped if the contract is underwritten on evidence of	59749
insurability based on health factors set forth in the application,	59750
or if such dependent child does not satisfy the conditions of the	59751
contract as to any requirement for evidence of insurability or	59752
other provision of the contract, satisfaction of which is required	59753
for coverage thereunder to take effect. In any such case, the	59754
terms of the contract shall apply with regard to the coverage or	59755
exclusion of the dependent from such coverage. Nothing in this	59756
section shall apply to accidental death or dismemberment benefits	59757
provided by any such policy of sickness and accident insurance.	59758

(D) Nothing in this section shall do any of the following:

59759

(1) Require that any policy offer coverage for dependent	59760
children or provide coverage for an unmarried dependent child's	59761
children as dependents on the policy;	59762

(2) Require an employer to pay for any part of the premium	59763
for an unmarried dependent child that has attained the limiting	59764
age for dependents, as provided in the policy;	59765

(3) Require an employer to offer health insurance coverage to	59766
the dependents of any employee.	59767

(E) This section does not apply to any policies or	59768
certificates covering only accident, credit, dental, disability	59769
income, long-term care, hospital indemnity, medicare supplement,	59770
specified disease, or vision care; coverage under a	59771
one-time-limited-duration policy of not longer than six months;	59772
coverage issued as a supplement to liability insurance; insurance	59773
arising out of a workers' compensation or similar law; automobile	59774
medical-payment insurance; or insurance under which benefits are	59775
payable with or without regard to fault and that is statutorily	59776
required to be contained in any liability insurance policy or	59777
equivalent self-insurance.	59778

(F) As used in this section, "health benefit plan" has the	59779
same meaning as in section 3924.01 of the Revised Code and also	59780
includes both of the following:	59781

(1) A public employee benefit plan;

59782

(2) A health benefit plan as regulated under the "Employee	59783
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	59784

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	59785
Revised Code, any public employee benefit plan that provides that	59786
coverage of an unmarried dependent child will terminate upon	59787
attainment of the limiting age for dependent children specified in	59788
the plan shall also provide in substance both of the following:	59789

(1) Once an unmarried child has attained the limiting age for	59790
dependent children, as provided in the plan, upon the request of	59791
the employee, the public employee benefit plan shall offer to	59792
cover the unmarried child until the child attains twenty-eight	59793
years of age if all of the following are true:	59794

(a) The child is the natural child, stepchild, or adopted	59795
child of the employee.	59796

(b) The child is a resident of this state or a full-time	59797
student at an accredited public or private institution of higher	59798
education.	59799

(c) The child is not employed by an employer that offers any	59800
health benefit plan under which the child is eligible for	59801
coverage.	59802

(d) The child is not eligible for ~~coverage under~~ the medicaid	59803
program ~~established under Chapter 5111. of the Revised Code~~ or the	59804
medicare program ~~established under Title XVIII of the "Social~~	59805
~~Security Act," 42 U.S.C. 1395~~.	59806

(2) That attainment of the limiting age for dependent	59807
children shall not operate to terminate the coverage of a	59808
dependent child if the child is and continues to be both of the	59809
following:	59810

(a) Incapable of self-sustaining employment by reason of	59811
mental retardation or physical handicap;	59812

(b) Primarily dependent upon the plan member for support and	59813
maintenance.	59814

(B) Proof of incapacity and dependence for purposes of	59815
division (A)(2) of this section shall be furnished to the public	59816
employee benefit plan within thirty-one days of the child's	59817
attainment of the limiting age. Upon request, but not more	59818
frequently than annually, the public employee benefit plan may	59819
require proof satisfactory to it of the continuance of such	59820
incapacity and dependency.	59821

59822

(1) Require that any public employee benefit plan offer	59823
coverage for dependent children or provide coverage for an	59824
unmarried dependent child's children as dependents on the public	59825
employee benefit plan;	59826

(2) Require an employer to pay for any part of the premium	59827
for an unmarried dependent child that has attained the limiting	59828
age for dependents, as provided in the plan;	59829

(3) Require an employer to offer health insurance coverage to	59830
the dependents of any employee.	59831

(D) This section does not apply to any public employee	59832
benefit plan covering only accident, credit, dental, disability	59833
income, long-term care, hospital indemnity, medicare supplement,	59834
specified disease, or vision care; coverage under a	59835
one-time-limited-duration policy of not longer than six months;	59836
coverage issued as a supplement to liability insurance; insurance	59837
arising out of a workers' compensation or similar law; automobile	59838
medical-payment insurance; or insurance under which benefits are	59839
payable with or without regard to fault and which is statutorily	59840
required to be contained in any liability insurance policy or	59841
equivalent self-insurance.	59842

(E) As used in this section, "health benefit plan" has the	59843
same meaning as in section 3924.01 of the Revised Code and also	59844
includes both of the following:	59845

(1) A public employee benefit plan;

59846

(2) A health benefit plan as regulated under the "Employee	59847
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	59848

Sec. 3923.281. (A) As used in this section:

59849

(1) "Biologically based mental illness" means schizophrenia,	59850
schizoaffective disorder, major depressive disorder, bipolar	59851
disorder, paranoia and other psychotic disorders,	59852
obsessive-compulsive disorder, and panic disorder, as these terms	59853
are defined in the most recent edition of the diagnostic and	59854
statistical manual of mental disorders published by the American	59855
psychiatric association.	59856

(2) "Policy of sickness and accident insurance" has the same	59857
meaning as in section 3923.01 of the Revised Code, but excludes	59858
any hospital indemnity, medicare supplement, long-term care,	59859
disability income, one-time-limited-duration policy of not longer	59860
than six months, supplemental benefit, or other policy that	59861
provides coverage for specific diseases or accidents only; any	59862
policy that provides coverage for workers' compensation claims	59863
compensable pursuant to Chapters 4121. and 4123. of the Revised	59864
Code; and any policy that provides coverage to ~~beneficiaries~~	59865
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	59866
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	59867
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	59868
~~of job and family services under Chapter 5111. of the Revised Code~~	59869
recipients.	59870

(B) Notwithstanding section 3901.71 of the Revised Code, and	59871
subject to division (E) of this section, every policy of sickness	59872
and accident insurance shall provide benefits for the diagnosis	59873
and treatment of biologically based mental illnesses on the same	59874
terms and conditions as, and shall provide benefits no less	59875
extensive than, those provided under the policy of sickness and	59876
accident insurance for the treatment and diagnosis of all other	59877
physical diseases and disorders, if both of the following apply:	59878

(1) The biologically based mental illness is clinically	59879
diagnosed by a physician authorized under Chapter 4731. of the	59880
Revised Code to practice medicine and surgery or osteopathic	59881
medicine and surgery; a psychologist licensed under Chapter 4732.	59882
of the Revised Code; a professional clinical counselor,	59883
professional counselor, or independent social worker licensed	59884
under Chapter 4757. of the Revised Code; or a clinical nurse	59885
specialist licensed under Chapter 4723. of the Revised Code whose	59886
nursing specialty is mental health.	59887

(2) The prescribed treatment is not experimental or	59888
investigational, having proven its clinical effectiveness in	59889
accordance with generally accepted medical standards.	59890

(C) Division (B) of this section applies to all coverages and	59891
terms and conditions of the policy of sickness and accident	59892
insurance, including, but not limited to, coverage of inpatient	59893
hospital services, outpatient services, and medication; maximum	59894
lifetime benefits; copayments; and individual and family	59895
deductibles.	59896

(D) Nothing in this section shall be construed as prohibiting	59897
a sickness and accident insurance company from taking any of the	59898
following actions:	59899

(1) Negotiating separately with mental health care providers	59900
with regard to reimbursement rates and the delivery of health care	59901
services;	59902

(2) Offering policies that provide benefits solely for the	59903
diagnosis and treatment of biologically based mental illnesses;	59904

(3) Managing the provision of benefits for the diagnosis or	59905
treatment of biologically based mental illnesses through the use	59906
of pre-admission screening, by requiring beneficiaries to obtain	59907
authorization prior to treatment, or through the use of any other	59908
mechanism designed to limit coverage to that treatment determined	59909
to be necessary;	59910

(4) Enforcing the terms and conditions of a policy of	59911
sickness and accident insurance.	59912

(E) An insurer that offers any policy of sickness and	59913
accident insurance is not required to provide benefits for the	59914
diagnosis and treatment of biologically based mental illnesses	59915
pursuant to division (B) of this section if all of the following	59916
apply:	59917

(1) The insurer submits documentation certified by an	59918
independent member of the American academy of actuaries to the	59919
superintendent of insurance showing that incurred claims for	59920
diagnostic and treatment services for biologically based mental	59921
illnesses for a period of at least six months independently caused	59922
the insurer's costs for claims and administrative expenses for the	59923
coverage of all other physical diseases and disorders to increase	59924
by more than one per cent per year.	59925

(2) The insurer submits a signed letter from an independent	59926
member of the American academy of actuaries to the superintendent	59927
of insurance opining that the increase described in division	59928
(E)(1) of this section could reasonably justify an increase of	59929
more than one per cent in the annual premiums or rates charged by	59930
the insurer for the coverage of all other physical diseases and	59931
disorders.	59932

(3) The superintendent of insurance makes the following	59933
determinations from the documentation and opinion submitted	59934
pursuant to divisions (E)(1) and (2) of this section:	59935

(a) Incurred claims for diagnostic and treatment services for	59936
biologically based mental illnesses for a period of at least six	59937
months independently caused the insurer's costs for claims and	59938
administrative expenses for the coverage of all other physical	59939
diseases and disorders to increase by more than one per cent per	59940
year.	59941

(b) The increase in costs reasonably justifies an increase of	59942
more than one per cent in the annual premiums or rates charged by	59943
the insurer for the coverage of all other physical diseases and	59944
disorders.	59945

Any determination made by the superintendent under this	59946
division is subject to Chapter 119. of the Revised Code.	59947

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	59948
negotiate long-term care insurance on or after September 1, 2008,	59949
without completing an initial eight-hour partnership program	59950
training course as described in division (B) of this section.	59951

(2)(a) Any agent that sells, solicits, or negotiates any	59952
long-term care insurance shall complete at least four hours of	59953
continuing education in every twenty-four-month period commencing	59954
on the first day of January of the year immediately following the	59955
year of the issuance of the agent's license.	59956

(b) No agent shall fail to complete the continuing education	59957
requirements in division (A)(2)(a) of this section in the	59958
twenty-four-month period described in that division.	59959

(B) The initial training course and continuing education	59960
required under division (A) of this section may be approved by the	59961
superintendent of insurance as continuing education courses under	59962
sections 3905.481 to 3905.486 of the Revised Code and shall	59963
consist of combined topics related to long-term care insurance,	59964
long-term care services, and state long-term care insurance	59965
partnership programs, including all of the following:	59966

(1) State and federal regulations and requirements and the	59967
relationship between state long-term care insurance partnership	59968
programs and other public and private coverage of long-term care	59969
services, including medicaid;	59970

(2) Available long-term care services and providers;

59971

(3) Changes or improvements in long-term care services or	59972
providers;	59973

(4) Alternatives to the purchase of private long-term care	59974
insurance;	59975

(5) The effect of inflation on benefits and the importance of	59976
inflation protection;	59977

(6) Consumer suitability standards and guidelines;

59978

(7) Any other topics required by the superintendent.

59979

(C) The initial training and continuing education required by	59980
division (A) of this section shall not include training that is	59981
specific to a particular insurer or company product or that	59982
includes any sales or marketing information, materials, or	59983
training other than those required by state or federal law.	59984

(D) A resident agent shall satisfy the training and	59985
continuing education required by division (A) of this section by	59986
completing long-term care courses that are approved by the	59987
superintendent. A nonresident agent may satisfy the training and	59988
continuing education required by division (A) of this section by	59989
completing the training requirements in any other state, provided	59990
that the course is approved for credit by the insurance department	59991
of that state prior to the agent taking the course.	59992

(E) Each insurer shall obtain records of the initial training	59993
and continuing education completed by agents of that insurer	59994
pursuant to division (A) of this section as well as the training	59995
completed by the insurer's agents concerning the distribution of	59996
the insurer's partnership program policies and shall make those	59997
records available to the superintendent upon request.	59998

(F) Each insurer shall maintain records with respect to the	59999
training of its agents concerning the distribution of the	60000
insurer's partnership program policies. Each insurer shall provide	60001
documentation to the superintendent that will allow the	60002
superintendent to provide assurance to the medicaid director of	60003
~~job and family services~~ that agents have received the training	60004
required by this section and that agents have demonstrated an	60005
understanding of the partnership program policies and their	60006
relationship to public and private coverage of long-term care in	60007
this state, including medicaid. The superintendent may audit each	60008
insurer's records annually to verify that the insurer is	60009
maintaining the records required by this division. The	60010
superintendent shall make the records provided to the	60011
superintendent pursuant to division (E) of this section available	60012
to the director.	60013

Sec. 3923.49. The department of insurance shall establish an	60014
outreach program to educate consumers about the following:	60015

(A) The need for long-term care insurance;

60016

(B) Mechanisms for financing long-term care;

60017

60018

(D) The resource protection provided by the Ohio long-term	60019
care insurance program under section ~~5111.18~~5164.86 of the	60020
Revised Code;	60021

(E) That a consumer who purchased a long-term care insurance	60022
policy that does not meet the requirements of section 3923.50 of	60023
the Revised Code may purchase a policy that meets those	60024
requirements.	60025

The department shall develop and make available to consumers	60026
information to assist them in choosing long-term care insurance	60027
coverage.	60028

Sec. 3923.50. For the purposes of the Ohio long-term care	60029
insurance program established under section ~~5111.18~~5164.86 of the	60030
Revised Code, the department of insurance shall notify the	60031
department of ~~job and family services~~medicaid of all long-term	60032
care insurance policies that meet all of the following	60033
requirements:	60034

(A) Comply with sections 3923.41 to 3923.48 of the Revised	60035
Code and the rules adopted under section 3923.47 of the Revised	60036
Code;	60037

(B) Provide benefits for home and community-based services in	60038
addition to nursing home care;	60039

(C) Include case management services in its coverage of home	60040
and community-based services;	60041

(D) Provide five per cent inflation protection compounded	60042
annually;	60043

(E) Provide for the keeping of records and	60044
explanation-of-benefit reports on insurance payments that count	60045
toward resource exclusion for the ~~medical assistance~~medicaid	60046
program;	60047

(F) Provide the information the medicaid director ~~of job and~~	60048
~~family services~~ determines is necessary to document the extent of	60049
resource exclusion and to evaluate the Ohio long-term care	60050
insurance program;	60051

(G) Comply with other requirements established in rules	60052
adopted under this section.	60053

The superintendent of insurance shall adopt rules in	60054
accordance with Chapter 119. of the Revised Code establishing	60055
requirements under division (G) of this section that policies must	60056
meet to qualify under the Ohio long-term care insurance program.	60057
The superintendent shall consult with the departments of aging and	60058
~~job and family services~~medicaid in adopting those rules.	60059

Sec. 3923.601. (A)(1) This section applies to both of the	60060
following:	60061

(a) A sickness and accident insurer that issues or requires	60062
the use of a standardized identification card or an electronic	60063
technology for submission and routing of prescription drug claims	60064
pursuant to a policy, contract, or agreement for health care	60065
services;	60066

(b) A person that a sickness and accident insurer contracts	60067
with to issue a standardized identification card or an electronic	60068
technology described in division (A)(1)(a) of this section.	60069

(2) Notwithstanding division (A)(1) of this section, this	60070
section does not apply to the issuance or required use of a	60071
standardized identification card or an electronic technology for	60072
the submission and routing of prescription drug claims in	60073
connection with any of the following:	60074

(a) Any individual or group policy of sickness and accident	60075
insurance covering only accident, credit, dental, disability	60076
income, long-term care, hospital indemnity, medicare supplement,	60077
medicare, tricare, specified disease, or vision care; coverage	60078
under a one-time-limited-duration policy of not longer than six	60079
months; coverage issued as a supplement to liability insurance;	60080
insurance arising out of workers' compensation or similar law;	60081
automobile medical payment insurance; or insurance under which	60082
benefits are payable with or without regard to fault and which is	60083
statutorily required to be contained in any liability insurance	60084
policy or equivalent self-insurance.	60085

(b) Coverage provided under the medicaid~~, as defined in~~	60086
~~section 5111.01 of the Revised Code~~program.	60087

(c) Coverage provided under an employer's self-insurance plan	60088
or by any of its administrators, as defined in section 3959.01 of	60089
the Revised Code, to the extent that federal law supersedes,	60090
preempts, prohibits, or otherwise precludes the application of	60091
this section to the plan and its administrators.	60092

(B) A standardized identification card or an electronic	60093
technology issued or required to be used as provided in division	60094
(A)(1) of this section shall contain uniform prescription drug	60095
information in accordance with either division (B)(1) or (2) of	60096
this section.	60097

(1) The standardized identification card or the electronic	60098
technology shall be in a format and contain information fields	60099
approved by the national council for prescription drug programs or	60100
a successor organization, as specified in the council's or	60101
successor organization's pharmacy identification card	60102
implementation guide in effect on the first day of October most	60103
immediately preceding the issuance or required use of the	60104
standardized identification card or the electronic technology.	60105

(2) If the insurer or person under contract with the insurer	60106
to issue a standardized identification card or an electronic	60107
technology requires the information for the submission and routing	60108
of a claim, the standardized identification card or the electronic	60109
technology shall contain any of the following information:	60110

(a) The insurer's name;

60111

(b) The insured's name, group number, and identification	60112
number;	60113

(c) A telephone number to inquire about pharmacy-related	60114
issues;	60115

(d) The issuer's international identification number, labeled	60116
as "ANSI BIN" or "RxBIN";	60117

(e) The processor's control number, labeled as "RxPCN";

60118

(f) The insured's pharmacy benefits group number if different	60119
from the insured's medical group number, labeled as "RxGrp."	60120

(C) If the standardized identification card or the electronic	60121
technology issued or required to be used as provided in division	60122
(A)(1) of this section is also used for submission and routing of	60123
nonpharmacy claims, the designation "Rx" is required to be	60124
included as part of the labels identified in divisions (B)(2)(d)	60125
and (e) of this section if the issuer's international	60126
identification number or the processor's control number is	60127
different for medical and pharmacy claims.	60128

(D) Each sickness and accident insurer described in division	60129
(A) of this section shall annually file a certificate with the	60130
superintendent of insurance certifying that it or any person it	60131
contracts with to issue a standardized identification card or	60132
electronic technology for submission and routing of prescription	60133
drug claims complies with this section.	60134

(E)(1) Except as provided in division (E)(2) of this section,	60135
if there is a change in the information contained in the	60136
standardized identification card or the electronic technology	60137
issued to an insured, the insurer or person under contract with	60138
the insurer to issue a standardized identification card or an	60139
electronic technology shall issue a new card or electronic	60140
technology to the insured.	60141

(2) An insurer or person under contract with the insurer is	60142
not required under division (E)(1) of this section to issue a new	60143
card or electronic technology to an insured more than once during	60144
a twelve-month period.	60145

(F) Nothing in this section shall be construed as requiring	60146
an insurer to produce more than one standardized identification	60147
card or one electronic technology for use by insureds accessing	60148
health care benefits provided under a policy of sickness and	60149
accident insurance.	60150

Sec. 3923.83. (A)(1) This section applies to both of the	60151
following:	60152

(a) A public employee benefit plan that issues or requires	60153
the use of a standardized identification card or an electronic	60154
technology for submission and routing of prescription drug claims	60155
pursuant to a policy, contract, or agreement for health care	60156
services;	60157

(b) A person or entity that a public employee benefit plan	60158
contracts with to issue a standardized identification card or an	60159
electronic technology described in division (A)(1)(a) of this	60160
section.	60161

(2) Notwithstanding division (A)(1) of this section, this	60162
section does not apply to the issuance or required use of a	60163
standardized identification card or an electronic technology for	60164
the submission and routing of prescription drug claims in	60165
connection with either of the following:	60166

(a) Any individual or group policy of insurance covering only	60167
accident, credit, dental, disability income, long-term care,	60168
hospital indemnity, medicare supplement, medicare, tricare,	60169
specified disease, or vision care; coverage under a	60170
one-time-limited-duration policy of not longer than six months;	60171
coverage issued as a supplement to liability insurance; insurance	60172
arising out of workers' compensation or similar law; automobile	60173
medical payment insurance; or insurance under which benefits are	60174
payable with or without regard to fault and which is statutorily	60175
required to be contained in any liability insurance policy or	60176
equivalent self-insurance.	60177

(b) Coverage provided under the medicaid~~, as defined in~~	60178
~~section 5111.01 of the Revised Code~~program.	60179

(B) A standardized identification card or an electronic	60180
technology issued or required to be used as provided in division	60181
(A)(1) of this section shall contain uniform prescription drug	60182
information in accordance with either division (B)(1) or (2) of	60183
this section.	60184

(1) The standardized identification card or the electronic	60185
technology shall be in a format and contain information fields	60186
approved by the national council for prescription drug programs or	60187
a successor organization, as specified in the council's or	60188
successor organization's pharmacy identification card	60189
implementation guide in effect on the first day of October most	60190
immediately preceding the issuance or required use of the	60191
standardized identification card or the electronic technology.	60192

(2) If the public employee benefit plan or person under	60193
contract with the plan to issue a standardized identification card	60194
or an electronic technology requires the information for the	60195
submission and routing of a claim, the standardized identification	60196
card or the electronic technology shall contain any of the	60197
following information:	60198

(a) The plan's name;

60199

(b) The insured's name, group number, and identification	60200
number;	60201

(c) A telephone number to inquire about pharmacy-related	60202
issues;	60203

(d) The issuer's international identification number, labeled	60204
as "ANSI BIN" or "RxBIN";	60205

(e) The processor's control number, labeled as "RxPCN";

60206

(f) The insured's pharmacy benefits group number if different	60207
from the insured's medical group number, labeled as "RxGrp."	60208

(C) If the standardized identification card or the electronic	60209
technology issued or required to be used as provided in division	60210
(A)(1) of this section is also used for submission and routing of	60211
nonpharmacy claims, the designation "Rx" is required to be	60212
included as part of the labels identified in divisions (B)(2)(d)	60213
and (e) of this section if the issuer's international	60214
identification number or the processor's control number is	60215
different for medical and pharmacy claims.	60216

(D)(1) Except as provided in division (D)(2) of this section,	60217
if there is a change in the information contained in the	60218
standardized identification card or the electronic technology	60219
issued to an insured, the public employee benefit plan or person	60220
under contract with the plan to issue a standardized	60221
identification card or electronic technology shall issue a new	60222
card or electronic technology to the insured.	60223

(2) A public employee benefit plan or person under contract	60224
with the plan is not required under division (D)(1) of this	60225
section to issue a new card or electronic technology to an insured	60226
more than once during a twelve-month period.	60227

~~(F)~~(E) Nothing in this section shall be construed as	60228
requiring a public employee benefit plan to produce more than one	60229
standardized identification card or one electronic technology for	60230
use by insureds accessing health care benefits provided under a	60231
health benefit plan.	60232

Sec. 3924.41. (A) As used in sections 3924.41 and 3924.42 of	60233
the Revised Code, "health insurer" means any sickness and accident	60234
insurer or health insuring corporation. "Health insurer" also	60235
includes any group health plan as defined in section 607 of the	60236
federal "Employee Retirement Income Security Act of 1974," 88	60237
Stat. 832, 29 U.S.C.A. 1167.	60238

(B) Notwithstanding any other provision of the Revised Code,	60239
no health insurer shall take into consideration the availability	60240
of, or eligibility for, ~~medical assistance~~the medicaid program in	60241
this state ~~under Chapter 5111. of the Revised Code~~ or in any other	60242
state ~~pursuant to Title XIX of the "Social Security Act," 49 Stat.~~	60243
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ when determining an	60244
individual's eligibility for coverage or when making payments to	60245
or on behalf of an enrollee, subscriber, policyholder, or	60246
certificate holder.	60247

Sec. 3924.42. No health insurer shall impose requirements on	60248
the department of ~~job and family services~~medicaid, when it has	60249
been assigned the rights of an individual who is eligible for	60250
~~medical assistance under Chapter 5111. of the Revised Code~~	60251
medicaid and who is covered under a health care policy, contract,	60252
or plan issued by the health insurer, that are different from the	60253
requirements applicable to an agent or assignee of any other	60254
individual so covered.	60255

Sec. 3963.01. As used in this chapter:

60256

(A) "Affiliate" means any person or entity that has ownership	60257
or control of a contracting entity, is owned or controlled by a	60258
contracting entity, or is under common ownership or control with a	60259
contracting entity.	60260

(B) "Basic health care services" has the same meaning as in	60261
division (A) of section 1751.01 of the Revised Code, except that	60262
it does not include any services listed in that division that are	60263
provided by a pharmacist or nursing home.	60264

(C) "Contracting entity" means any person that has a primary	60265
business purpose of contracting with participating providers for	60266
the delivery of health care services.	60267

(D) "Credentialing" means the process of assessing and	60268
validating the qualifications of a provider applying to be	60269
approved by a contracting entity to provide basic health care	60270
services, specialty health care services, or supplemental health	60271
care services to enrollees.	60272

(E) "Edit" means adjusting one or more procedure codes billed	60273
by a participating provider on a claim for payment or a practice	60274
that results in any of the following:	60275

(1) Payment for some, but not all of the procedure codes	60276
originally billed by a participating provider;	60277

(2) Payment for a different procedure code than the procedure	60278
code originally billed by a participating provider;	60279

(3) A reduced payment as a result of services provided to an	60280
enrollee that are claimed under more than one procedure code on	60281
the same service date.	60282

(F) "Electronic claims transport" means to accept and	60283
digitize claims or to accept claims already digitized, to place	60284
those claims into a format that complies with the electronic	60285
transaction standards issued by the United States department of	60286
health and human services pursuant to the "Health Insurance	60287
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	60288
U.S.C. 1320d, et seq., as those electronic standards are	60289
applicable to the parties and as those electronic standards are	60290
updated from time to time, and to electronically transmit those	60291
claims to the appropriate contracting entity, payer, or	60292
third-party administrator.	60293

(G) "Enrollee" means any person eligible for health care	60294
benefits under a health benefit plan, including an eligible	60295
recipient of medicaid ~~under Chapter 5111. of the Revised Code~~, and	60296
includes all of the following terms:	60297

(1) "Enrollee" and "subscriber" as defined by section 1751.01	60298
of the Revised Code;	60299

(2) "Member" as defined by section 1739.01 of the Revised	60300
Code;	60301

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	60302
the Revised Code;	60303

(4) "Beneficiary" as defined by section 3901.38 of the	60304
Revised Code.	60305

(H) "Health care contract" means a contract entered into,	60306
materially amended, or renewed between a contracting entity and a	60307
participating provider for the delivery of basic health care	60308
services, specialty health care services, or supplemental health	60309
care services to enrollees.	60310

(I) "Health care services" means basic health care services,	60311
specialty health care services, and supplemental health care	60312
services.	60313

(J) "Material amendment" means an amendment to a health care	60314
contract that decreases the participating provider's payment or	60315
compensation, changes the administrative procedures in a way that	60316
may reasonably be expected to significantly increase the	60317
provider's administrative expenses, or adds a new product. A	60318
material amendment does not include any of the following:	60319

(1) A decrease in payment or compensation resulting solely	60320
from a change in a published fee schedule upon which the payment	60321
or compensation is based and the date of applicability is clearly	60322
identified in the contract;	60323

(2) A decrease in payment or compensation that was	60324
anticipated under the terms of the contract, if the amount and	60325
date of applicability of the decrease is clearly identified in the	60326
contract;	60327

(3) An administrative change that may significantly increase	60328
the provider's administrative expense, the specific applicability	60329
of which is clearly identified in the contract;	60330

(4) Changes to an existing prior authorization,	60331
precertification, notification, or referral program that do not	60332
substantially increase the provider's administrative expense;	60333

(5) Changes to an edit program or to specific edits if the	60334
participating provider is provided notice of the changes pursuant	60335
to division (A)(1) of section 3963.04 of the Revised Code and the	60336
notice includes information sufficient for the provider to	60337
determine the effect of the change;	60338

(6) Changes to a health care contract described in division	60339
(B) of section 3963.04 of the Revised Code.	60340

(K) "Participating provider" means a provider that has a	60341
health care contract with a contracting entity and is entitled to	60342
reimbursement for health care services rendered to an enrollee	60343
under the health care contract.	60344

(L) "Payer" means any person that assumes the financial risk	60345
for the payment of claims under a health care contract or the	60346
reimbursement for health care services provided to enrollees by	60347
participating providers pursuant to a health care contract.	60348

(M) "Primary enrollee" means a person who is responsible for	60349
making payments for participation in a health care plan or an	60350
enrollee whose employment or other status is the basis of	60351
eligibility for enrollment in a health care plan.	60352

(N) "Procedure codes" includes the American medical	60353
association's current procedural terminology code, the American	60354
dental association's current dental terminology, and the centers	60355
for medicare and medicaid services health care common procedure	60356
coding system.	60357

(O) "Product" means one of the following types of categories	60358
of coverage for which a participating provider may be obligated to	60359
provide health care services pursuant to a health care contract:	60360

(1) A health maintenance organization or other product	60361
provided by a health insuring corporation;	60362

(2) A preferred provider organization;

60363

(3) Medicare;

60364

(4) Medicaid;

60365

(5) Workers' compensation.

60366

(P) "Provider" means a physician, podiatrist, dentist,	60367
chiropractor, optometrist, psychologist, physician assistant,	60368
advanced practice registered nurse, occupational therapist,	60369
massage therapist, physical therapist, professional counselor,	60370
professional clinical counselor, hearing aid dealer, orthotist,	60371
prosthetist, home health agency, hospice care program, pediatric	60372
respite care program, or hospital, or a provider organization or	60373
physician-hospital organization that is acting exclusively as an	60374
administrator on behalf of a provider to facilitate the provider's	60375
participation in health care contracts. "Provider" does not mean a	60376
pharmacist, pharmacy, nursing home, or a provider organization or	60377
physician-hospital organization that leases the provider	60378
organization's or physician-hospital organization's network to a	60379
third party or contracts directly with employers or health and	60380
welfare funds.	60381

(Q) "Specialty health care services" has the same meaning as	60382
in section 1751.01 of the Revised Code, except that it does not	60383
include any services listed in division (B) of section 1751.01 of	60384
the Revised Code that are provided by a pharmacist or a nursing	60385
home.	60386

(R) "Supplemental health care services" has the same meaning	60387
as in division (B) of section 1751.01 of the Revised Code, except	60388
that it does not include any services listed in that division that	60389
are provided by a pharmacist or nursing home.	60390

Sec. 3963.04. (A)(1) If an amendment to a health care	60391
contract is not a material amendment, the contracting entity shall	60392
provide the participating provider notice of the amendment at	60393
least fifteen days prior to the effective date of the amendment.	60394
The contracting entity shall provide all other notices to the	60395
participating provider pursuant to the health care contract.	60396

(2) A material amendment to a health care contract shall	60397
occur only if the contracting entity provides to the participating	60398
provider the material amendment in writing and notice of the	60399
material amendment not later than ninety days prior to the	60400
effective date of the material amendment. The notice shall be	60401
conspicuously entitled "Notice of Material Amendment to Contract."	60402

(3) If within fifteen days after receiving the material	60403
amendment and notice described in division (A)(2) of this section,	60404
the participating provider objects in writing to the material	60405
amendment, and there is no resolution of the objection, either	60406
party may terminate the health care contract upon written notice	60407
of termination provided to the other party not later than sixty	60408
days prior to the effective date of the material amendment.	60409

(4) If the participating provider does not object to the	60410
material amendment in the manner described in division (A)(3) of	60411
this section, the material amendment shall be effective as	60412
specified in the notice described in division (A)(2) of this	60413
section.	60414

(B)(1) Division (A) of this section does not apply if the	60415
delay caused by compliance with that division could result in	60416
imminent harm to an enrollee, if the material amendment of a	60417
health care contract is required by state or federal law, rule, or	60418
regulation, or if the provider affirmatively accepts the material	60419
amendment in writing and agrees to an earlier effective date than	60420
otherwise required by division (A)(2) of this section.	60421

(2) This section does not apply under any of the following	60422
circumstances:	60423

(a) The participating provider's payment or compensation is	60424
based on the current medicaid or medicare physician fee schedule,	60425
and the change in payment or compensation results solely from a	60426
change in that physician fee schedule.	60427

(b) A routine change or update of the health care contract is	60428
made in response to any addition, deletion, or revision of any	60429
service code, procedure code, or reporting code, or a pricing	60430
change is made by any third party source.	60431

For purposes of division (B)(2)(b) of this section:

60432

(i) "Service code, procedure code, or reporting code" means	60433
the current procedural terminology (CPT), current dental	60434
terminology (CDT), the healthcare common procedure coding system	60435
(HCPCS), the international classification of diseases (ICD), or	60436
the drug topics redbook average wholesale price (AWP).	60437

(ii) "Third party source" means the American medical	60438
association, American dental association, the centers for medicare	60439
and medicaid services, the national center for health statistics,	60440
the department of health and human services office of the	60441
inspector general, the Ohio department of insurance, or the Ohio	60442
department of ~~job and family services~~medicaid.	60443

(C) Notwithstanding divisions (A) and (B) of this section, a	60444
health care contract may be amended by operation of law as	60445
required by any applicable state or federal law, rule, or	60446
regulation. Nothing in this section shall be construed to require	60447
the renegotiation of a health care contract that is in existence	60448
before ~~the effective date of this section~~June 25, 2008, until the	60449
time that the contract is renewed or materially amended.	60450

Sec. 4104.33. There is hereby created the historical boilers	60451
licensing board consisting of seven members, three of whom shall	60452
be appointed by the governor with the advice and consent of the	60453
senate. The governor shall make initial appointments to the board	60454
within ninety days after October 24, 2002. Of the initial members	60455
appointed by the governor, one shall be for a term ending three	60456
years after October 24, 2002, one shall be for a term ending four	60457
years after October 24, 2002, and one shall be for a term ending	60458
five years after October 24, 2002. Thereafter, terms of office	60459
shall be for five years, each term ending on the same day of the	60460
same month of the year as did the term that it succeeds. Of the	60461
three members the governor appoints, one member shall be an	60462
employee of the division of boiler inspection in the department of	60463
commerce; one member shall be an independent mechanical engineer	60464
who is not involved in selling or inspecting historical boilers;	60465
and one shall be an active member of an association that	60466
represents managers of fairs or festivals.	60467

Two members of the board shall be appointed by the president	60468
of the senate and two members of the board shall be appointed by	60469
the speaker of the house of representatives. The president and	60470
speaker shall make initial appointments to the board within ninety	60471
days after October 24, 2002. Of the initial members appointed by	60472
the president, one shall be for a term ending four years after	60473
October 24, 2002 and one shall be for a term ending five years	60474
after October 24, 2002. Of the initial members appointed by the	60475
speaker, one shall be for a term ending three years after October	60476
24, 2002 and one shall be for a term ending five years after	60477
October 24, 2002. Thereafter, terms of office shall be for five	60478
years, each term ending on the same day of the same month of the	60479
year as did the term that it succeeds. Of the four members	60480
appointed by the president and speaker, each shall own a	60481
historical boiler and also have at least ten years of experience	60482
in the operation of historical boilers, and each of these four	60483
members shall reside in a different region of the state.	60484

Each member shall hold office from the date of the member's	60485
appointment until the end of the term for which the member was	60486
appointed. Members may be reappointed. Vacancies shall be filled	60487
~~in the manner provided for initial appointments~~by the director of	60488
commerce, and shall not require the advice and consent of the	60489
senate. Any member appointed to fill a vacancy occurring prior to	60490
the expiration date of the term for which the member's predecessor	60491
was appointed shall hold office as a member for the remainder of	60492
that term. A member shall continue in office subsequent to the	60493
expiration date of the member's term until the successor takes	60494
office or until a period of sixty days has elapsed, whichever	60495
occurs first.	60496

The members of the board, annually, shall elect, by majority	60497
vote, a chairperson from among their members. The board shall meet	60498
at least once annually and at other times at the call of the	60499
chairperson. Board members shall receive their actual and	60500
necessary expenses incurred in the discharge of their duties as	60501
board members.	60502

The superintendent of industrial compliance shall furnish	60503
office space, staff, and supplies to the board as the	60504
superintendent determines are necessary for the board to carry out	60505
its official duties under sections 4104.33 to 4104.37 of the	60506
Revised Code.	60507

Sec. 4112.01. (A) As used in this chapter:

60508

(1) "Person" includes one or more individuals, partnerships,	60509
associations, organizations, corporations, legal representatives,	60510
trustees, trustees in bankruptcy, receivers, and other organized	60511
groups of persons. "Person" also includes, but is not limited to,	60512
any owner, lessor, assignor, builder, manager, broker,	60513
salesperson, appraiser, agent, employee, lending institution, and	60514
the state and all political subdivisions, authorities, agencies,	60515
boards, and commissions of the state.	60516

(2) "Employer" includes the state, any political subdivision	60517
of the state, any person employing four or more persons within the	60518
state, and any person acting directly or indirectly in the	60519
interest of an employer, but shall not include a religious	60520
corporation, association, educational institution, or society with	60521
respect to the employment of individuals of a particular religion	60522
to perform work connected with the carrying on by such	60523
corporation, association, educational institution, or society.	60524

(3) "Employee" means an individual employed by any employer	60525
but does not include any individual employed in the domestic	60526
service of any person.	60527

(4) "Labor organization" includes any organization that	60528
exists, in whole or in part, for the purpose of collective	60529
bargaining or of dealing with employers concerning grievances,	60530
terms or conditions of employment, or other mutual aid or	60531
protection in relation to employment.	60532

(5) "Employment agency" includes any person regularly	60533
undertaking, with or without compensation, to procure	60534
opportunities to work or to procure, recruit, refer, or place	60535
employees.	60536

(6) "Commission" means the Ohio civil rights commission	60537
created by section 4112.03 of the Revised Code.	60538

(7) "Discriminate" includes segregate or separate.

60539

(8) "Unlawful discriminatory practice" means any act	60540
prohibited by section 4112.02, 4112.021, or 4112.022 of the	60541
Revised Code.	60542

(9) "Place of public accommodation" means any inn,	60543
restaurant, eating house, barbershop, public conveyance by air,	60544
land, or water, theater, store, other place for the sale of	60545
merchandise, or any other place of public accommodation or	60546
amusement of which the accommodations, advantages, facilities, or	60547
privileges are available to the public.	60548

(10) "Housing accommodations" includes any building or	60549
structure, or portion of a building or structure, that is used or	60550
occupied or is intended, arranged, or designed to be used or	60551
occupied as the home residence, dwelling, dwelling unit, or	60552
sleeping place of one or more individuals, groups, or families	60553
whether or not living independently of each other; and any vacant	60554
land offered for sale or lease. "Housing accommodations" also	60555
includes any housing accommodations held or offered for sale or	60556
rent by a real estate broker, salesperson, or agent, by any other	60557
person pursuant to authorization of the owner, by the owner, or by	60558
the owner's legal representative.	60559

(11) "Restrictive covenant" means any specification limiting	60560
the transfer, rental, lease, or other use of any housing	60561
accommodations because of race, color, religion, sex, military	60562
status, familial status, national origin, disability, or ancestry,	60563
or any limitation based upon affiliation with or approval by any	60564
person, directly or indirectly, employing race, color, religion,	60565
sex, military status, familial status, national origin,	60566
disability, or ancestry as a condition of affiliation or approval.	60567

(12) "Burial lot" means any lot for the burial of deceased	60568
persons within any public burial ground or cemetery, including,	60569
but not limited to, cemeteries owned and operated by municipal	60570
corporations, townships, or companies or associations incorporated	60571
for cemetery purposes.	60572

(13) "Disability" means a physical or mental impairment that	60573
substantially limits one or more major life activities, including	60574
the functions of caring for one's self, performing manual tasks,	60575
walking, seeing, hearing, speaking, breathing, learning, and	60576
working; a record of a physical or mental impairment; or being	60577
regarded as having a physical or mental impairment.	60578

(14) Except as otherwise provided in section 4112.021 of the	60579
Revised Code, "age" means at least forty years old.	60580

(15) "Familial status" means either of the following:

60581

(a) One or more individuals who are under eighteen years of	60582
age and who are domiciled with a parent or guardian having legal	60583
custody of the individual or domiciled, with the written	60584
permission of the parent or guardian having legal custody, with a	60585
designee of the parent or guardian;	60586

(b) Any person who is pregnant or in the process of securing	60587
legal custody of any individual who is under eighteen years of	60588
age.	60589

(16)(a) Except as provided in division (A)(16)(b) of this	60590
section, "physical or mental impairment" includes any of the	60591
following:	60592

(i) Any physiological disorder or condition, cosmetic	60593
disfigurement, or anatomical loss affecting one or more of the	60594
following body systems: neurological; musculoskeletal; special	60595
sense organs; respiratory, including speech organs;	60596
cardiovascular; reproductive; digestive; genito-urinary; hemic and	60597
lymphatic; skin; and endocrine;	60598

(ii) Any mental or psychological disorder, including, but not	60599
limited to, mental retardation, organic brain syndrome, emotional	60600
or mental illness, and specific learning disabilities;	60601

(iii) Diseases and conditions, including, but not limited to,	60602
orthopedic, visual, speech, and hearing impairments, cerebral	60603
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	60604
cancer, heart disease, diabetes, human immunodeficiency virus	60605
infection, mental retardation, emotional illness, drug addiction,	60606
and alcoholism.	60607

(b) "Physical or mental impairment" does not include any of	60608
the following:	60609

(i) Homosexuality and bisexuality;

60610

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	60611
voyeurism, gender identity disorders not resulting from physical	60612
impairments, or other sexual behavior disorders;	60613

(iii) Compulsive gambling, kleptomania, or pyromania;

60614

(iv) Psychoactive substance use disorders resulting from the	60615
current illegal use of a controlled substance or the current use	60616
of alcoholic beverages.	60617

(17) "Dwelling unit" means a single unit of residence for a	60618
family of one or more persons.	60619

(18) "Common use areas" means rooms, spaces, or elements	60620
inside or outside a building that are made available for the use	60621
of residents of the building or their guests, and includes, but is	60622
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	60623
rooms, mail rooms, recreational areas, and passageways among and	60624
between buildings.	60625

(19) "Public use areas" means interior or exterior rooms or	60626
spaces of a privately or publicly owned building that are made	60627
available to the general public.	60628

(20) "Controlled substance" has the same meaning as in	60629
section 3719.01 of the Revised Code.	60630

(21) "Disabled tenant" means a tenant or prospective tenant	60631
who is a person with a disability.	60632

(22) "Military status" means a person's status in "service in	60633
the uniformed services" as defined in section 5923.05 of the	60634
Revised Code.	60635

(23) "Aggrieved person" includes both of the following:

60636

(a) Any person who claims to have been injured by any	60637
unlawful discriminatory practice described in division (H) of	60638
section 4112.02 of the Revised Code;	60639

(b) Any person who believes that the person will be injured	60640
by, any unlawful discriminatory practice described in division (H)	60641
of section 4112.02 of the Revised Code that is about to occur.	60642

(B) For the purposes of divisions (A) to (F) of section	60643
4112.02 of the Revised Code, the terms "because of sex" and "on	60644
the basis of sex" include, but are not limited to, because of or	60645
on the basis of pregnancy, any illness arising out of and	60646
occurring during the course of a pregnancy, childbirth, or related	60647
medical conditions. Women affected by pregnancy, childbirth, or	60648
related medical conditions shall be treated the same for all	60649
employment-related purposes, including receipt of benefits under	60650
fringe benefit programs, as other persons not so affected but	60651
similar in their ability or inability to work, and nothing in	60652
division (B) of section 4111.17 of the Revised Code shall be	60653
interpreted to permit otherwise. This division shall not be	60654
construed to require an employer to pay for health insurance	60655
benefits for abortion, except where the life of the mother would	60656
be endangered if the fetus were carried to term or except where	60657
medical complications have arisen from the abortion, provided that	60658
nothing in this division precludes an employer from providing	60659
abortion benefits or otherwise affects bargaining agreements in	60660
regard to abortion.	60661

Sec. 4112.12. (A) There is hereby created the commission on	60662
African-American males, which shall consist of not more than	60663
twenty-five members as follows: the directors or their designees	60664
of the departments of health, development, ~~alcohol and drug~~	60665
~~addiction services~~mental health and addiction services, and job	60666
and family services; the equal employment opportunity officer of	60667
the department of administrative services or the equal employment	60668
opportunity officer's designee; the executive director or the	60669
executive director's designee of the Ohio civil rights commission;	60670
the executive director or the executive director's designee of the	60671
division of criminal justice services in the department of public	60672
safety; the superintendent of public instruction; the chancellor	60673
or the chancellor's designee of the Ohio board of regents; two	60674
members of the house of representatives appointed by the speaker	60675
of the house of representatives each of whom shall be members of	60676
different political parties; and two members of the senate	60677
appointed by the president of the senate each of whom shall be	60678
members of different political parties. The members who are	60679
members of the general assembly shall be nonvoting members. The	60680
Ohio state university African American and African studies	60681
community extension center, in consultation with the governor,	60682
shall appoint four members from the private corporate sector, at	60683
least four members from the public sector, and two members from	60684
the nonprofit sector.	60685

(B) Terms of office shall be for three years, except that	60686
members of the general assembly appointed to the commission shall	60687
be members only so long as they are members of the general	60688
assembly. Each term ends on the same day of the same month as did	60689
the term that it succeeds. Each member shall hold office from the	60690
date of appointment until the end of the term for which the member	60691
was appointed. Members may be reappointed. Vacancies shall be	60692
filled in the manner provided for original appointments. Any	60693
member appointed to fill a vacancy occurring prior to the	60694
expiration date of the term for which the member's predecessor was	60695
appointed shall hold office as a member for the remainder of that	60696
term. A member shall continue in office subsequent to the	60697
expiration date of the member's term until the member's successor	60698
takes office or until a period of sixty days has elapsed,	60699
whichever occurs first.	60700

The commission annually shall elect a chairperson from among	60701
its members.	60702

(C) Members of the commission and members of subcommittees	60703
appointed under division (B) of section 4112.13 of the Revised	60704
Code shall not be compensated, but shall be reimbursed for their	60705
necessary and actual expenses incurred in the performance of their	60706
official duties.	60707

(D) The Ohio state university African American and African	60708
studies community extension center, in consultation with the	60709
governor, shall appoint an executive director of the commission on	60710
African-American males, who shall be in the unclassified civil	60711
service. The executive director shall supervise the commission's	60712
activities and report to the commission and to the Ohio state	60713
university African American and African studies community	60714
extension center on the progress of those activities. The	60715
executive director shall do all things necessary for the efficient	60716
and effective implementation of the duties of the commission.	60717

The responsibilities assigned to the executive director do	60718
not relieve the members of the commission from final	60719
responsibility for the proper performance of the requirements of	60720
this division.	60721

(E) The commission on African-American males shall do all of	60722
the following:	60723

(1) Employ, promote, supervise, and remove all employees, as	60724
needed, in connection with the performance of its duties under	60725
this section;	60726

(2) Maintain its office in Columbus;

60727

(3) Acquire facilities, equipment, and supplies necessary to	60728
house the commission, its employees, and files and records under	60729
its control, and to discharge any duty imposed upon it by law. The	60730
expense of these acquisitions shall be audited and paid for in the	60731
same manner as other state expenses.	60732

(4) Establish the overall policy and management of the	60733
commission in accordance with this chapter;	60734

(5) Follow all state procurement requirements;

60735

(6) Implement the policies and plans of the Ohio state	60736
university African American and African studies community	60737
extension center as those policies and plans are formulated and	60738
adopted by the Ohio state university African American and African	60739
studies community extension center;	60740

(7) Report to the Ohio state university African American and	60741
African studies community extension center on the progress of the	60742
commission on African-American males in implementing the policies	60743
and plans of the Ohio state university African American and	60744
African studies community extension center.	60745

(F) The commission on African-American males may:

60746

(1) Hold sessions at any place within the state, except that	60747
the commission on African-American males shall meet at least	60748
quarterly;	60749

(2) Establish, change, or abolish positions, and assign and	60750
reassign duties and responsibilities of any employee of the	60751
commission on African-American males as necessary to achieve the	60752
most efficient performance of its functions.	60753

(G) The Ohio state university African American and African	60754
studies community extension center shall establish the overall	60755
policy and management of the commission on African-American males	60756
and shall direct, manage, and oversee the commission. The Ohio	60757
state university African American and African studies community	60758
extension center shall develop overall policies and plans, and the	60759
commission on African-American males shall implement those	60760
policies and plans. The commission on African-American males,	60761
through its executive director, shall keep the Ohio state	60762
university African American and African studies community	60763
extension center informed as to the activities of the commission	60764
on African-American males in such manner and at such times as the	60765
Ohio state university African American and African studies	60766
community extension center shall determine.	60767

The Ohio state university African American and African	60768
studies community extension center may prescribe duties and	60769
responsibilities of the commission on African-American males in	60770
addition to those prescribed in section 4112.13 of the Revised	60771
Code.	60772

(H) The Ohio state university African American and African	60773
studies community extension center annually shall contract for a	60774
report on the status of African Americans in this state. Issues to	60775
be evaluated in the report shall include the criminal justice	60776
system, education, employment, health care, and housing, and such	60777
other issues as the Ohio state university African American and	60778
African studies community extension center may specify. The report	60779
shall include policy recommendations relating to the issues	60780
covered in the report.	60781

Sec. 4112.31. The new African immigrants commission shall do	60782
all of the following:	60783

(A) Gather and disseminate information and conduct hearings,	60784
conferences, investigations, and special studies on problems and	60785
programs concerning sub-Saharan African people;	60786

(B) Secure appropriate recognition of the accomplishments and	60787
contributions of sub-Saharan African people to this state;	60788

(C) Stimulate public awareness of the problems of sub-Saharan	60789
African people by conducting a program of public education;	60790

(D) Develop, coordinate, and assist other public and private	60791
organizations that serve sub-Saharan African people, including the	60792
conducting of training programs for community leadership and	60793
service project staff;	60794

(E) Advise the governor, general assembly, and state	60795
departments and agencies of the nature, magnitude, and priorities	60796
of the problems of sub-Saharan African people;	60797

(F) Advise the governor, general assembly, and state	60798
departments and agencies on, and assist in the development and	60799
implementation of, comprehensive and coordinated policies,	60800
programs, and procedures focusing on the special problems and	60801
needs of sub-Saharan African people, especially in the fields of	60802
education, employment, energy, health, housing, welfare, and	60803
recreation;	60804

(G) Propose new programs concerning sub-Saharan African	60805
people to public and private agencies and evaluate for such	60806
agencies existing programs or prospective legislation concerning	60807
sub-Saharan African people;	60808

(H) Review and approve grants to be made from federal, state,	60809
or private funds that are administered or subcontracted by the	60810
commission;	60811

(I) Prepare, review, and approve an annual report;

60812

(J) Serve as a clearinghouse to review and comment on all	60813
proposals to meet the needs of sub-Saharan African people that are	60814
submitted to it by public and private agencies;	60815

(K) Apply for and accept grants and gifts from governmental	60816
and private sources to be administered by the commission or	60817
subcontracted to local agencies;	60818

(L) Monitor and evaluate all programs subcontracted to local	60819
agencies by the commission;	60820

(M) Endeavor to assure that sub-Saharan African people have	60821
access to decision-making bodies in all state and local	60822
governmental departments and agencies;	60823

(N) Establish advisory committees on special subjects as	60824
needed to facilitate and maximize community participation in the	60825
operation of the commission;	60826

(O) Establish with state and local governments and private	60827
business and industry relationships that promote and assure equal	60828
opportunity for sub-Saharan African people in government,	60829
education, and employment.	60830

(P) Create an interagency council consisting of the following	60831
persons or their authorized representatives: one member of the	60832
senate appointed by the president of the senate; one member of the	60833
house of representatives appointed by the speaker of the house of	60834
representatives; the directors of administrative services,	60835
agriculture, education, development services, health, highway	60836
safety, job and family services, liquor control, ~~mental health~~	60837
mental health and addiction services, ~~mental retardation~~ and	60838
developmental disabilities, natural resources, rehabilitation and	60839
correction, youth services, transportation, environmental	60840
protection, and budget and management; the chairperson of the Ohio	60841
civil rights commission, the administrators of the bureau of	60842
workers' compensation and the rehabilitation services commission,	60843
and an additional member of the governor's cabinet appointed by	60844
the governor. The new African immigrants commission, by rule, may	60845
designate other state officers or their representatives to be	60846
members of the council. The director of the commission shall be	60847
the chairperson of the council.	60848

The interagency council shall provide and coordinate the	60849
exchange of information relative to the needs of sub-Saharan	60850
African people and promote the delivery of state services to such	60851
people. The council shall meet at the call of the chairperson.	60852

Advisory committees shall be composed of persons representing	60853
community organizations and charitable institutions, public	60854
officials, and such other persons as the commission determines.	60855

Sec. 4115.034. On January 1, 1996, and the first day of	60856
January of every even-numbered year thereafter, the director of	60857
commerce shall adjust the threshold levels for which public	60858
improvement projects are subject to sections 4115.03 to 4115.16 of	60859
the Revised Code as set forth in divisions (B)(3) and (4) of	60860
section 4115.03 of the Revised Code. The director shall adjust	60861
those amounts according to the average increase or decrease for	60862
each of the two years immediately preceding the adjustment as set	60863
forth in ~~the United States department of commerce, bureau of the~~	60864
~~census implicit price deflator for~~the construction cost index	60865
published by the engineering news-record or, should that index	60866
cease to be published, a similar recognized industry index chosen	60867
by the director, provided that no increase or decrease for any	60868
year shall exceed three per cent of the threshold level in	60869
existence at the time of the adjustment.	60870

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	60871
Code, there is hereby created the state committee for the purchase	60872
of products and services provided by persons with severe	60873
disabilities. The committee shall be composed ex officio of the	60874
following persons, or their designees:	60875

(1) The directors of administrative services, ~~mental health~~	60876
mental health and addiction services, developmental disabilities,	60877
transportation, natural resources, and commerce;	60878

(2) The administrators of the rehabilitation services	60879
commission and the bureau of workers' compensation;	60880

(3) The secretary of state;

60881

(4) One representative of a purchasing department of a	60882
political subdivision who is designated by the governor.	60883

The governor shall appoint two representatives of a qualified	60884
nonprofit agency for persons with severe disabilities, and a	60885
person with a severe disability to the committee.	60886

(B) Within thirty days after September 29, 1995, the governor	60887
shall appoint the representatives of a qualified nonprofit agency	60888
for persons with severe disabilities to the committee for a term	60889
ending August 31, 1996. Thereafter, terms for such representatives	60890
are for three years, each term ending on the same day of the same	60891
month of the year as did the term that it succeeds. Each committee	60892
member shall serve from the date of the member's appointment until	60893
the end of the term for which the member was appointed. Vacancies	60894
shall be filled in the same manner provided for original	60895
appointments. Any member appointed to fill a vacancy occurring	60896
prior to the expiration date of the term for which the member's	60897
predecessor was appointed shall serve as a member for the	60898
remainder of that term. A member shall serve subsequent to the	60899
expiration of the member's term and shall continue to serve until	60900
the member's successor takes office.	60901

(C) Members of the committee shall serve without	60902
compensation. Except as otherwise provided in divisions (C)(1) and	60903
(2) of this section, members shall be reimbursed for actual and	60904
necessary expenses, including travel expenses, incurred while away	60905
from their homes or regular places of business and incurred while	60906
performing services for the committee.	60907

(1) The members listed in divisions (A)(1) to (3) of this	60908
section, or their designees, shall not be reimbursed for any	60909
expenses.	60910

(2) No member of the committee who is entitled to receive	60911
reimbursement for the performance of services for the committee	60912
from another agency or entity shall receive reimbursement from the	60913
committee.	60914

(D) The committee shall elect from among its members a	60915
chairperson. The committee may request from any agency of the	60916
state, political subdivision, or instrumentality of the state any	60917
information necessary to enable it to carry out the intent of	60918
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	60919
the committee, the agency, subdivision, or instrumentality shall	60920
furnish the information to the chairperson of the committee.	60921

(E) The committee shall not later than one hundred eighty	60922
days following the close of each fiscal year transmit to the	60923
governor, the general assembly, and each qualified nonprofit	60924
agency for persons with severe disabilities a report that includes	60925
the names of the committee members serving during the preceding	60926
fiscal year, the dates of committee meetings in that year, and any	60927
recommendations for changes in sections 4115.31 to 4115.35 of the	60928
Revised Code that the committee determines are necessary.	60929

(F) The director of administrative services shall designate a	60930
subordinate to act as executive director of the committee and	60931
shall furnish other staff and clerical assistance, office space,	60932
and supplies required by the committee.	60933

Sec. 4117.06. (A) The state employment relations board shall	60934
decide in each case the unit appropriate for the purposes of	60935
collective bargaining. The determination is final and conclusive	60936
and not appealable to the court.	60937

(B) The board shall determine the appropriateness of each	60938
bargaining unit and shall consider among other relevant factors:	60939
the desires of the employees; the community of interest; wages,	60940
hours, and other working conditions of the public employees; the	60941
effect of over-fragmentation; the efficiency of operations of the	60942
public employer; the administrative structure of the public	60943
employer; and the history of collective bargaining.	60944

(C) The board may determine a unit to be the appropriate unit	60945
in a particular case, even though some other unit might also be	60946
appropriate.	60947

(D) In addition, in determining the appropriate unit, the	60948
board shall not:	60949

(1) Decide that any unit is appropriate if the unit includes	60950
both professional and nonprofessional employees, unless a majority	60951
of the professional employees and a majority of the	60952
nonprofessional employees first vote for inclusion in the unit;	60953

(2) Include guards or correction officers at correctional or	60954
mental institutions, special police officers appointed in	60955
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	60956
Revised Code, psychiatric attendants employed at mental health	60957
forensic facilities, youth leaders employed at juvenile correction	60958
facilities, or any public employee employed as a guard to enforce	60959
against other employees rules to protect property of the employer	60960
or to protect the safety of persons on the employer's premises in	60961
a unit with other employees;	60962

(3) Include members of a police or fire department or members	60963
of the state highway patrol in a unit with other classifications	60964
of public employees of the department;	60965

(4) Designate as appropriate a bargaining unit that contains	60966
more than one institution of higher education; nor shall it within	60967
any such institution of higher education designate as appropriate	60968
a unit where such designation would be inconsistent with the	60969
accreditation standards or interpretations of such standards,	60970
governing such institution of higher education or any department,	60971
school, or college thereof. For the purposes of this division, any	60972
branch or regional campus of a public institution of higher	60973
education is part of that institution of higher education.	60974

(5) Designate as appropriate a bargaining unit that contains	60975
employees within the jurisdiction of more than one elected county	60976
office holder, unless the county-elected office holder and the	60977
board of county commissioners agree to such other designation;	60978

(6) With respect to members of a police department, designate	60979
as appropriate a unit that includes rank and file members of the	60980
department with members who are of the rank of sergeant or above;	60981

(7) Except as otherwise provided by division (A)(3) of	60982
section 3314.10 or division (B) of section 3326.18 of the Revised	60983
Code, designate as appropriate a bargaining unit that contains	60984
employees from multiple community schools established under	60985
Chapter 3314. or multiple science, technology, engineering, and	60986
mathematics schools established under Chapter 3326. of the Revised	60987
Code. For purposes of this division, more than one unit may be	60988
designated within a single community school or science,	60989
technology, engineering, and mathematics school.	60990

This section shall not be deemed to prohibit multiunit	60991
bargaining.	60992

Sec. 4117.14. (A) The procedures contained in this section	60993
govern the settlement of disputes between an exclusive	60994
representative and a public employer concerning the termination or	60995
modification of an existing collective bargaining agreement or	60996
negotiation of a successor agreement, or the negotiation of an	60997
initial collective bargaining agreement.	60998

(B)(1) In those cases where there exists a collective	60999
bargaining agreement, any public employer or exclusive	61000
representative desiring to terminate, modify, or negotiate a	61001
successor collective bargaining agreement shall:	61002

(a) Serve written notice upon the other party of the proposed	61003
termination, modification, or successor agreement. The party must	61004
serve the notice not less than sixty days prior to the expiration	61005
date of the existing agreement or, in the event the existing	61006
collective bargaining agreement does not contain an expiration	61007
date, not less than sixty days prior to the time it is proposed to	61008
make the termination or modifications or to make effective a	61009
successor agreement.	61010

(b) Offer to bargain collectively with the other party for	61011
the purpose of modifying or terminating any existing agreement or	61012
negotiating a successor agreement;	61013

(c) Notify the state employment relations board of the offer	61014
by serving upon the board a copy of the written notice to the	61015
other party and a copy of the existing collective bargaining	61016
agreement.	61017

(2) In the case of initial negotiations between a public	61018
employer and an exclusive representative, where a collective	61019
bargaining agreement has not been in effect between the parties,	61020
any party may serve notice upon the board and the other party	61021
setting forth the names and addresses of the parties and offering	61022
to meet, for a period of ninety days, with the other party for the	61023
purpose of negotiating a collective bargaining agreement.	61024

If the settlement procedures specified in divisions (B), (C),	61025
and (D) of this section govern the parties, where those procedures	61026
refer to the expiration of a collective bargaining agreement, it	61027
means the expiration of the sixty-day period to negotiate a	61028
collective bargaining agreement referred to in this subdivision,	61029
or in the case of initial negotiations, it means the ninety-day	61030
period referred to in this subdivision.	61031

(3) The parties shall continue in full force and effect all	61032
the terms and conditions of any existing collective bargaining	61033
agreement, without resort to strike or lock-out, for a period of	61034
sixty days after the party gives notice or until the expiration	61035
date of the collective bargaining agreement, whichever occurs	61036
later, or for a period of ninety days where applicable.	61037

(4) Upon receipt of the notice, the parties shall enter into	61038
collective bargaining.	61039

(C) In the event the parties are unable to reach an	61040
agreement, they may submit, at any time prior to forty-five days	61041
before the expiration date of the collective bargaining agreement,	61042
the issues in dispute to any mutually agreed upon dispute	61043
settlement procedure which supersedes the procedures contained in	61044
this section.	61045

(1) The procedures may include:

61046

(a) Conventional arbitration of all unsettled issues;

61047

(b) Arbitration confined to a choice between the last offer	61048
of each party to the agreement as a single package;	61049

(c) Arbitration confined to a choice of the last offer of	61050
each party to the agreement on each issue submitted;	61051

(d) The procedures described in division (C)(1)(a), (b), or	61052
(c) of this section and including among the choices for the	61053
arbitrator, the recommendations of the fact finder, if there are	61054
recommendations, either as a single package or on each issue	61055
submitted;	61056

(e) Settlement by a citizens' conciliation council composed	61057
of three residents within the jurisdiction of the public employer.	61058
The public employer shall select one member and the exclusive	61059
representative shall select one member. The two members selected	61060
shall select the third member who shall chair the council. If the	61061
two members cannot agree upon a third member within five days	61062
after their appointments, the board shall appoint the third	61063
member. Once appointed, the council shall make a final settlement	61064
of the issues submitted to it pursuant to division (G) of this	61065
section.	61066

(f) Any other dispute settlement procedure mutually agreed to	61067
by the parties.	61068

(2) If, fifty days before the expiration date of the	61069
collective bargaining agreement, the parties are unable to reach	61070
an agreement, any party may request the state employment relations	61071
board to intervene. The request shall set forth the names and	61072
addresses of the parties, the issues involved, and, if applicable,	61073
the expiration date of any agreement.	61074

The board shall intervene and investigate the dispute to	61075
determine whether the parties have engaged in collective	61076
bargaining.	61077

If an impasse exists or forty-five days before the expiration	61078
date of the collective bargaining agreement if one exists, the	61079
board shall appoint a mediator to assist the parties in the	61080
collective bargaining process.	61081

(3) Any time after the appointment of a mediator, either	61082
party may request the appointment of a fact-finding panel. Within	61083
fifteen days after receipt of a request for a fact-finding panel,	61084
the board shall appoint a fact-finding panel of not more than	61085
three members who have been selected by the parties in accordance	61086
with rules established by the board, from a list of qualified	61087
persons maintained by the board.	61088

(a) The fact-finding panel shall, in accordance with rules	61089
and procedures established by the board that include the	61090
regulation of costs and expenses of fact-finding, gather facts and	61091
make recommendations for the resolution of the matter. The board	61092
shall by its rules require each party to specify in writing the	61093
unresolved issues and its position on each issue to the	61094
fact-finding panel. The fact-finding panel shall make final	61095
recommendations as to all the unresolved issues.	61096

(b) The board may continue mediation, order the parties to	61097
engage in collective bargaining until the expiration date of the	61098
agreement, or both.	61099

(4) The following guidelines apply to fact-finding:

61100

(a) The fact-finding panel may establish times and place of	61101
hearings which shall be, where feasible, in the jurisdiction of	61102
the state.	61103

(b) The fact-finding panel shall conduct the hearing pursuant	61104
to rules established by the board.	61105

(c) Upon request of the fact-finding panel, the board shall	61106
issue subpoenas for hearings conducted by the panel.	61107

(d) The fact-finding panel may administer oaths.

61108

(e) The board shall prescribe guidelines for the fact-finding	61109
panel to follow in making findings. In making its recommendations,	61110
the fact-finding panel shall take into consideration the factors	61111
listed in divisions (G)(7)(a) to (f) of this section.	61112

(f) The fact-finding panel may attempt mediation at any time	61113
during the fact-finding process. From the time of appointment	61114
until the fact-finding panel makes a final recommendation, it	61115
shall not discuss the recommendations for settlement of the	61116
dispute with parties other than the direct parties to the dispute.	61117

(5) The fact-finding panel, acting by a majority of its	61118
members, shall transmit its findings of fact and recommendations	61119
on the unresolved issues to the public employer and employee	61120
organization involved and to the board no later than fourteen days	61121
after the appointment of the fact-finding panel, unless the	61122
parties mutually agree to an extension. The parties shall share	61123
the cost of the fact-finding panel in a manner agreed to by the	61124
parties.	61125

(6)(a) Not later than seven days after the findings and	61126
recommendations are sent, the legislative body, by a three-fifths	61127
vote of its total membership, and in the case of the public	61128
employee organization, the membership, by a three-fifths vote of	61129
the total membership, may reject the recommendations; if neither	61130
rejects the recommendations, the recommendations shall be deemed	61131
agreed upon as the final resolution of the issues submitted and a	61132
collective bargaining agreement shall be executed between the	61133
parties, including the fact-finding panel's recommendations,	61134
except as otherwise modified by the parties by mutual agreement.	61135
If either the legislative body or the public employee organization	61136
rejects the recommendations, the board shall publicize the	61137
findings of fact and recommendations of the fact-finding panel.	61138
The board shall adopt rules governing the procedures and methods	61139
for public employees to vote on the recommendations of the	61140
fact-finding panel.	61141

(b) As used in division (C)(6)(a) of this section,	61142
"legislative body" means the controlling board when the state or	61143
any of its agencies, authorities, commissions, boards, or other	61144
branch of public employment is party to the fact-finding process.	61145

(D) If the parties are unable to reach agreement within seven	61146
days after the publication of findings and recommendations from	61147
the fact-finding panel or the collective bargaining agreement, if	61148
one exists, has expired, then the:	61149

(1) Public employees, who are members of a police or fire	61150
department, members of the state highway patrol, deputy sheriffs,	61151
dispatchers employed by a police, fire, or sheriff's department or	61152
the state highway patrol or civilian dispatchers employed by a	61153
public employer other than a police, fire, or sheriff's department	61154
to dispatch police, fire, sheriff's department, or emergency	61155
medical or rescue personnel and units, an exclusive nurse's unit,	61156
employees of the state school for the deaf or the state school for	61157
the blind, employees of any public employee retirement system,	61158
corrections officers, guards at penal or mental institutions,	61159
special police officers appointed in accordance with sections	61160
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	61161
attendants employed at mental health forensic facilities, youth	61162
leaders employed at juvenile correctional facilities, or members	61163
of a law enforcement security force that is established and	61164
maintained exclusively by a board of county commissioners and	61165
whose members are employed by that board, shall submit the matter	61166
to a final offer settlement procedure pursuant to a board order	61167
issued forthwith to the parties to settle by a conciliator	61168
selected by the parties. The parties shall request from the board	61169
a list of five qualified conciliators and the parties shall select	61170
a single conciliator from the list by alternate striking of names.	61171
If the parties cannot agree upon a conciliator within five days	61172
after the board order, the board shall on the sixth day after its	61173
order appoint a conciliator from a list of qualified persons	61174
maintained by the board or shall request a list of qualified	61175
conciliators from the American arbitration association and appoint	61176
therefrom.	61177

(2) Public employees other than those listed in division	61178
(D)(1) of this section have the right to strike under Chapter	61179
4117. of the Revised Code provided that the employee organization	61180
representing the employees has given a ten-day prior written	61181
notice of an intent to strike to the public employer and to the	61182
board, and further provided that the strike is for full,	61183
consecutive work days and the beginning date of the strike is at	61184
least ten work days after the ending date of the most recent prior	61185
strike involving the same bargaining unit; however, the board, at	61186
its discretion, may attempt mediation at any time.	61187

(E) Nothing in this section shall be construed to prohibit	61188
the parties, at any time, from voluntarily agreeing to submit any	61189
or all of the issues in dispute to any other alternative dispute	61190
settlement procedure. An agreement or statutory requirement to	61191
arbitrate or to settle a dispute pursuant to a final offer	61192
settlement procedure and the award issued in accordance with the	61193
agreement or statutory requirement is enforceable in the same	61194
manner as specified in division (B) of section 4117.09 of the	61195
Revised Code.	61196

(F) Nothing in this section shall be construed to prohibit a	61197
party from seeking enforcement of a collective bargaining	61198
agreement or a conciliator's award as specified in division (B) of	61199
section 4117.09 of the Revised Code.	61200

(G) The following guidelines apply to final offer settlement	61201
proceedings under division (D)(1) of this section:	61202

(1) The parties shall submit to final offer settlement those	61203
issues that are subject to collective bargaining as provided by	61204
section 4117.08 of the Revised Code and upon which the parties	61205
have not reached agreement and other matters mutually agreed to by	61206
the public employer and the exclusive representative; except that	61207
the conciliator may attempt mediation at any time.	61208

(2) The conciliator shall hold a hearing within thirty days	61209
of the board's order to submit to a final offer settlement	61210
procedure, or as soon thereafter as is practicable.	61211

(3) The conciliator shall conduct the hearing pursuant to	61212
rules developed by the board. The conciliator shall establish the	61213
hearing time and place, but it shall be, where feasible, within	61214
the jurisdiction of the state. Not later than five calendar days	61215
before the hearing, each of the parties shall submit to the	61216
conciliator, to the opposing party, and to the board, a written	61217
report summarizing the unresolved issues, the party's final offer	61218
as to the issues, and the rationale for that position.	61219

(4) Upon the request by the conciliator, the board shall	61220
issue subpoenas for the hearing.	61221

(5) The conciliator may administer oaths.

61222

(6) The conciliator shall hear testimony from the parties and	61223
provide for a written record to be made of all statements at the	61224
hearing. The board shall submit for inclusion in the record and	61225
for consideration by the conciliator the written report and	61226
recommendation of the fact-finders.	61227

(7) After hearing, the conciliator shall resolve the dispute	61228
between the parties by selecting, on an issue-by-issue basis, from	61229
between each of the party's final settlement offers, taking into	61230
consideration the following:	61231

(a) Past collectively bargained agreements, if any, between	61232
the parties;	61233

(b) Comparison of the issues submitted to final offer	61234
settlement relative to the employees in the bargaining unit	61235
involved with those issues related to other public and private	61236
employees doing comparable work, giving consideration to factors	61237
peculiar to the area and classification involved;	61238

(c) The interests and welfare of the public, the ability of	61239
the public employer to finance and administer the issues proposed,	61240
and the effect of the adjustments on the normal standard of public	61241
service;	61242

(d) The lawful authority of the public employer;

61243

(e) The stipulations of the parties;

61244

(f) Such other factors, not confined to those listed in this	61245
section, which are normally or traditionally taken into	61246
consideration in the determination of the issues submitted to	61247
final offer settlement through voluntary collective bargaining,	61248
mediation, fact-finding, or other impasse resolution procedures in	61249
the public service or in private employment.	61250

(8) Final offer settlement awards made under Chapter 4117. of	61251
the Revised Code are subject to Chapter 2711. of the Revised Code.	61252

(9) If more than one conciliator is used, the determination	61253
must be by majority vote.	61254

(10) The conciliator shall make written findings of fact and	61255
promulgate a written opinion and order upon the issues presented	61256
to the conciliator, and upon the record made before the	61257
conciliator and shall mail or otherwise deliver a true copy	61258
thereof to the parties and the board.	61259

(11) Increases in rates of compensation and other matters	61260
with cost implications awarded by the conciliator may be effective	61261
only at the start of the fiscal year next commencing after the	61262
date of the final offer settlement award; provided that if a new	61263
fiscal year has commenced since the issuance of the board order to	61264
submit to a final offer settlement procedure, the awarded	61265
increases may be retroactive to the commencement of the new fiscal	61266
year. The parties may, at any time, amend or modify a	61267
conciliator's award or order by mutual agreement.	61268

(12) The parties shall bear equally the cost of the final	61269
offer settlement procedure.	61270

(13) Conciliators appointed pursuant to this section shall be	61271
residents of the state.	61272

(H) All final offer settlement awards and orders of the	61273
conciliator made pursuant to Chapter 4117. of the Revised Code are	61274
subject to review by the court of common pleas having jurisdiction	61275
over the public employer as provided in Chapter 2711. of the	61276
Revised Code. If the public employer is located in more than one	61277
court of common pleas district, the court of common pleas in which	61278
the principal office of the chief executive is located has	61279
jurisdiction.	61280

(I) The issuance of a final offer settlement award	61281
constitutes a binding mandate to the public employer and the	61282
exclusive representative to take whatever actions are necessary to	61283
implement the award.	61284

Sec. 4117.15. (A) Whenever a strike by members of a police	61285
or fire department, members of the state highway patrol, deputy	61286
sheriffs, dispatchers employed by a police, fire, or sheriff's	61287
department or the state highway patrol or civilian dispatchers	61288
employed by a public employer other than a police, fire, or	61289
sheriff's department to dispatch police, fire, sheriff's	61290
department, or emergency medical or rescue personnel and units, an	61291
exclusive nurse's unit, employees of the state school for the deaf	61292
or the state school for the blind, employees of any public	61293
employee retirement system, correction officers, guards at penal	61294
or mental institutions, or special police officers appointed in	61295
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	61296
Revised Code, psychiatric attendants employed at mental health	61297
forensic facilities, youth leaders employed at juvenile	61298
correctional facilities, or members of a law enforcement security	61299
force that is established and maintained exclusively by a board of	61300
county commissioners and whose members are employed by that board,	61301
a strike by other public employees during the pendency of the	61302
settlement procedures set forth in section 4117.14 of the Revised	61303
Code, or a strike during the term or extended term of a collective	61304
bargaining agreement occurs, the public employer may seek an	61305
injunction against the strike in the court of common pleas of the	61306
county in which the strike is located.	61307

(B) An unfair labor practice by a public employer is not a	61308
defense to the injunction proceeding noted in division (A) of this	61309
section. Allegations of unfair labor practices during the	61310
settlement procedures set forth in section 4117.14 of the Revised	61311
Code shall receive priority by the state employment relations	61312
board.	61313

(C) No public employee is entitled to pay or compensation	61314
from the public employer for the period engaged in any strike.	61315

Sec. 4121.50. Not later than July 1, 2012, the administrator	61316
of workers' compensation shall adopt rules in accordance with	61317
Chapter 119. of the Revised Code to implement a coordinated	61318
services program for claimants under this chapter or Chapter	61319
4123., 4127., or 4131. of the Revised Code who are found to have	61320
obtained prescription drugs that were reimbursed pursuant to an	61321
order of the administrator or of the industrial commission or by a	61322
self-insuring employer but were obtained at a frequency or in an	61323
amount that is not medically necessary. The program shall be	61324
implemented in a manner that is substantially similar to the	61325
coordinated services programs established for the medicaid program	61326
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	61327
the Revised Code.	61328

Sec. 4123.32. The administrator of workers' compensation,	61329
with the advice and consent of the bureau of workers' compensation	61330
board of directors, shall adopt rules with respect to the	61331
collection, maintenance, and disbursements of the state insurance	61332
fund including all of the following:	61333

(A) A rule providing that the premium security deposit	61334
collected from any employer entitles the employer to the benefits	61335
of this chapter for the remainder of the six months and also for	61336
an additional adjustment period of two months, and, thereafter, if	61337
the employer pays the premium due at the close of any six-month	61338
period, coverage shall be extended for an additional eight-month	61339
period beginning from the end of the six-month period for which	61340
the employer pays the premium due;	61341

(B) A rule providing for ascertaining the correctness of any	61342
employer's report of estimated or actual expenditure of wages and	61343
the determination and adjustment of proper premiums and the	61344
payment of those premiums by the employer for or during any period	61345
less than eight months and notwithstanding any payment or	61346
determination of premium made when exceptional conditions or	61347
circumstances in the judgment of the administrator justify the	61348
action;	61349

(C) Such special rules as the administrator considers	61350
necessary to safeguard the fund and that are just in the	61351
circumstances, covering the rates to be applied where one employer	61352
takes over the occupation or industry of another or where an	61353
employer first makes application for state insurance, and the	61354
administrator may require that if any employer transfers a	61355
business in whole or in part or otherwise reorganizes the	61356
business, the successor in interest shall assume, in proportion to	61357
the extent of the transfer, as determined by the administrator,	61358
the employer's account and shall continue the payment of all	61359
contributions due under this chapter;	61360

(D) A rule providing that an employer who employs an employee	61361
covered under the federal "Longshore and Harbor Workers'	61362
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	61363
chapter and Chapter 4121. of the Revised Code shall be assessed a	61364
premium in accordance with the expenditure of wages, payroll, or	61365
both attributable to only labor performed and services provided by	61366
such an employee when the employee performs labor and provides	61367
services for which the employee is not eligible to receive	61368
compensation and benefits under that federal act.	61369

(E) A rule providing for all of the following:

61370

(1) If, within two months immediately after the expiration of	61371
the six-month period, an employer fails to file a report of the	61372
employer's actual payroll expenditures for the period, the premium	61373
found to be due from the employer for the period shall be	61374
increased in an amount equal to one per cent of the premium, but	61375
the increase shall not be less than three nor more than fifteen	61376
dollars;	61377

(2) The premium determined by the administrator to be due	61378
from an employer shall be payable on or before the end of the	61379
coverage period established by the premium security deposit, or	61380
within the time specified by the administrator if the period for	61381
which the advance premium has been paid is less than eight months.	61382
If an employer fails to pay the premium when due, the	61383
administrator may add a late fee penalty of not more than thirty	61384
dollars to the premium plus an additional penalty amount as	61385
follows:	61386

(a) For a premium from sixty-one to ninety days past due, the	61387
prime interest rate, multiplied by the premium due;	61388

(b) For a premium from ninety-one to one hundred twenty days	61389
past due, the prime interest rate plus two per cent, multiplied by	61390
the premium due;	61391

(c) For a premium from one hundred twenty-one to one hundred	61392
fifty days past due, the prime interest rate plus four per cent,	61393
multiplied by the premium due;	61394

(d) For a premium from one hundred fifty-one to one hundred	61395
eighty days past due, the prime interest rate plus six per cent,	61396
multiplied by the premium due;	61397

(e) For a premium from one hundred eighty-one to two hundred	61398
ten days past due, the prime interest rate plus eight per cent,	61399
multiplied by the premium due;	61400

(f) For each additional thirty-day period or portion thereof	61401
that a premium remains past due after it has remained past due for	61402
more than two hundred ten days, the prime interest rate plus eight	61403
per cent, multiplied by the premium due.	61404

(3) Notwithstanding the interest rates specified in division	61405
(E)(2) of this section, at no time shall the additional penalty	61406
amount assessed under division (E)(2) of this section exceed	61407
fifteen per cent of the premium due.	61408

(4) An employer may appeal a late fee penalty or additional	61409
penalty to an adjudicating committee pursuant to section 4123.291	61410
of the Revised Code.	61411

For purposes of division (E) of this section, "prime interest	61412
rate" means the average bank prime rate, and the administrator	61413
shall determine the prime interest rate in the same manner as a	61414
county auditor determines the average bank prime rate under	61415
section 929.02 of the Revised Code.	61416

(5) If the employer files an appropriate payroll report,	61417
within the time provided by law or within the time specified by	61418
the administrator if the period for which the employer paid an	61419
estimated premium is less than eight months, the employer shall	61420
not be in default and division (E)(2) of this section shall not	61421
apply if the employer pays the premiums within fifteen days after	61422
being first notified by the administrator of the amount due.	61423

(6) Any deficiencies in the amounts of the premium security	61424
deposit paid by an employer for any period shall be subject to an	61425
interest charge of six per cent per annum from the date the	61426
premium obligation is incurred. In determining the interest due on	61427
deficiencies in premium security deposit payments, a charge in	61428
each case shall be made against the employer in an amount equal to	61429
interest at the rate of six per cent per annum on the premium	61430
security deposit due but remaining unpaid sixty days after notice	61431
by the administrator.	61432

(7) Any interest charges or penalties provided for in	61433
divisions (E)(2) and (6) of this section shall be credited to the	61434
employer's account for rating purposes in the same manner as	61435
premiums.	61436

(F) A rule providing that each employer, on the occasion of	61437
instituting coverage under this chapter, shall submit a premium	61438
security deposit. The deposit shall be calculated equivalent to	61439
thirty per cent of the semiannual premium obligation of the	61440
employer based upon the employer's estimated expenditure for wages	61441
for the ensuing six-month period plus thirty per cent of an	61442
additional adjustment period of two months but only up to a	61443
maximum of one thousand dollars and not less than ten dollars. The	61444
administrator shall review the security deposit of every employer	61445
who has submitted a deposit which is less than the	61446
one-thousand-dollar maximum. The administrator may require any	61447
such employer to submit additional money up to the maximum of one	61448
thousand dollars that, in the administrator's opinion, reflects	61449
the employer's current payroll expenditure for an eight-month	61450
period.	61451

(G) A rule providing that each employer, on the occasion of	61452
instituting coverage under this chapter, shall submit an	61453
application for coverage that completely provides all of the	61454
information required for the administrator to establish coverage	61455
for that employer, and that the employer's failure to provide all	61456
of the information completely may be grounds for the administrator	61457
to deny coverage for that employer.	61458

(H) A rule providing that, in addition to any other remedies	61459
permitted in this chapter, the administrator may discontinue an	61460
employer's coverage if the employer fails to pay the premium due	61461
on or before the premium's due date.	61462

(I) A rule providing that if after a final adjudication it is	61463
determined that an employer has failed to pay an obligation,	61464
billing, account, or assessment that is greater than one thousand	61465
dollars on or before its due date, the administrator may	61466
discontinue the employer's coverage in addition to any other	61467
remedies permitted in this chapter, and that the administrator	61468
shall not discontinue an employer's coverage pursuant to this	61469
division prior to a final adjudication regarding the employer's	61470
failure to pay such obligation, billing, account, or assessment on	61471
or before its due date.	61472

(J) As used in divisions (H) and (I) of this section:

61473

(1) "Employer" has the same meaning as in division (B) of	61474
section 4123.01 of the Revised Code except that "employer" does	61475
not include the state, a state hospital, or a state university or	61476
college.	61477

(2) "State university or college" has the same meaning as in	61478
section 3345.12 of the Revised Code and also includes the Ohio	61479
agricultural research and development center and ~~the Ohio state~~	61480
~~university cooperative~~OSU extension ~~service~~.	61481

(3) "State hospital" means the Ohio state university hospital	61482
and its ancillary facilities and the medical university of Ohio at	61483
Toledo hospital.	61484

Sec. 4131.03. (A) For the relief of persons who are entitled	61485
to receive benefits by virtue of the federal act, there is hereby	61486
established a coal-workers pneumoconiosis fund, which shall be	61487
separate from the funds established and administered pursuant to	61488
Chapter 4123. of the Revised Code. The fund shall consist of	61489
premiums and other payments thereto by subscribers who elect to	61490
subscribe to the fund to insure the payment of benefits required	61491
by the federal act.	61492

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	61493
custody of the treasurer of state. The bureau of workers'	61494
compensation shall make disbursements from the fund to those	61495
persons entitled to payment therefrom and in the amounts required	61496
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	61497
investment earnings of the fund shall be credited to the fund.	61498

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	61499
~~director of natural resources annually may request the~~	61500
~~administrator of workers' compensation to transfer a portion of~~	61501
~~the investment earnings credited to the coal-workers~~	61502
~~pneumoconiosis fund as provided in this division. If the~~	61503
~~administrator receives a request from the director, the~~	61504
~~administrator, on the first day of July, or as soon as possible~~	61505
~~after that date, shall transfer from the investment earnings~~	61506
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	61507
~~exceed three million dollars to the mine safety fund created in~~	61508
~~section 1561.24 of the Revised Code for the purposes specified in~~	61509
~~that section and an amount not to exceed one million five hundred~~	61510
~~thousand dollars to the coal mining administration and reclamation~~	61511
~~reserve fund created in section 1513.181 of the Revised Code for~~	61512
~~the purposes specified in that section. The administrator, with~~	61513
~~the advice and consent of the bureau of workers' compensation~~	61514
~~board of directors, shall adopt rules governing the transfer in~~	61515
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	61516
~~fund. For that purpose, the rules may establish tests based on~~	61517
~~measures of net assets, liabilities, expenses, interest, dividend~~	61518
~~income, or other factors that the administrator determines~~	61519
~~appropriate that may be applied prior to a transfer.~~	61520

(C) The administrator shall have the same powers to invest	61521
any of the surplus or reserve belonging to the coal-workers	61522
pneumoconiosis fund as are delegated to the administrator under	61523
section 4123.44 of the Revised Code with respect to the state	61524
insurance fund.	61525

(D) If the administrator determines that reinsurance of the	61526
risks of the coal-workers pneumoconiosis fund is necessary to	61527
assure solvency of the fund, the administrator may:	61528

(1) Enter into contracts for the purchase of reinsurance	61529
coverage of the risks of the fund with any company or agency	61530
authorized by law to issue contracts of reinsurance;	61531

(2) Pay the cost of reinsurance from the fund;

61532

(3) Include the costs of reinsurance as a liability and	61533
estimated liability of the fund.	61534

Sec. 4141.162. (A) The director of job and family services	61535
shall establish an income and eligibility verification system that	61536
complies with section 1137 of the "Social Security Act." The	61537
programs included in the system are all of the following:	61538

(1) Unemployment compensation pursuant to section 3304 of the	61539
"Internal Revenue Code of 1954";	61540

(2) The state programs funded in part under part A of Title	61541
IV of the "Social Security Act" and administered under Chapters	61542
5107. and 5108. of the Revised Code;	61543

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	61544
~~Act"~~The medicaid program;	61545

(4) The supplemental nutrition assistance program pursuant to	61546
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	61547

(5) Any Ohio program under a plan approved under Title I, X,	61548
XIV, or XVI of the "Social Security Act."	61549

Wage information provided by employers to the director shall	61550
be furnished to the income and eligibility verification system.	61551
Such information shall be used by the director to determine	61552
eligibility of individuals for unemployment compensation benefits	61553
and the amount of those benefits and used by the agencies that	61554
administer the programs identified in divisions (A)(2) to (5) of	61555
this section to determine or verify eligibility for or the amount	61556
of benefits under those programs.	61557

The director shall fully implement the use of wage	61558
information to determine eligibility for and the amount of	61559
unemployment compensation benefits by September 30, 1988.	61560

Information furnished under the system shall also be made	61561
available to the appropriate state or local child support	61562
enforcement agency for the purposes of an approved plan under	61563
Title IV-D of the "Social Security Act" and to the appropriate	61564
federal agency for the purposes of Titles II and XVI of the	61565
"Social Security Act."	61566

(B) The director shall adopt rules as necessary under which	61567
the department of job and family services and other state agencies	61568
that the director determines must participate in order to ensure	61569
compliance with section 1137 of the "Social Security Act" exchange	61570
information with each other or authorized federal agencies about	61571
individuals who are applicants for or recipients of benefits under	61572
any of the programs enumerated in division (A) of this section.	61573
The rules shall extend to all of the following:	61574

(1) A requirement for standardized formats and procedures for	61575
a participating agency to request and receive information about an	61576
individual, which information shall include the individual's	61577
social security number;	61578

(2) A requirement that all applicants for and recipients of	61579
benefits under any program enumerated in division (A) of this	61580
section be notified at the time of application, and periodically	61581
thereafter, that information available through the system may be	61582
shared with agencies that administer other benefit programs and	61583
utilized in establishing or verifying eligibility or benefit	61584
amounts under the other programs enumerated in division (A) of	61585
this section;	61586

(3) A requirement that information is made available only to	61587
the extent necessary to assist in the valid administrative needs	61588
of the program receiving the information and is targeted for use	61589
in ways which are most likely to be productive in identifying and	61590
preventing ineligibility and incorrect payments;	61591

(4) A requirement that information is adequately protected	61592
against unauthorized disclosures for purposes other than to	61593
establish or verify eligibility or benefit amounts under the	61594
programs enumerated in division (A) of this section;	61595

(5) A requirement that a program providing information is	61596
reimbursed by the program using the information for the actual	61597
costs of furnishing the information and that the director be	61598
reimbursed by the participating programs for any actual costs	61599
incurred in operating the system;	61600

(6) Requirements for any other matters necessary to ensure	61601
the effective, efficient, and timely exchange of necessary	61602
information or that the director determines must be addressed in	61603
order to ensure compliance with the requirements of section 1137	61604
of the "Social Security Act."	61605

(C) Each participating agency shall furnish to the income and	61606
eligibility verification system established in division (A) of	61607
this section that information, which the director, by rule,	61608
determines is necessary in order to comply with section 1137 of	61609
the "Social Security Act."	61610

(D) Notwithstanding the information disclosure requirements	61611
of this section and section 4141.21 and division (A) of section	61612
4141.284 of the Revised Code, the director shall administer those	61613
provisions of law so as to comply with section 1137 of the "Social	61614
Security Act."	61615

(E) Requirements in section 4141.21 of the Revised Code with	61616
respect to confidentiality of information obtained in the	61617
administration of Chapter 4141. of the Revised Code and any	61618
sanctions imposed for improper disclosure of such information	61619
shall apply to the redisclosure of information disclosed under	61620
this section.	61621

(F) The director of job and family services shall consult	61622
with the medicaid director and the director of administrative	61623
services regarding the implementation of this section.	61624

Sec. 4143.01. As used in this chapter:

61625

(A) "Average weekly wage," "employment," "employer,"	61626
"partially unemployed," and "totally unemployed" have the same	61627
meanings as in section 4141.01 of the Revised Code.	61628

(B) "Duration of unemployment" means the full period of	61629
unemployment next ensuing after a separation from any base period,	61630
as defined in rules adopted under section 4143.03 of the Revised	61631
Code, or subsequent work and until an individual has become	61632
reemployed in employment subject to this chapter, or the	61633
unemployment compensation act of another state, or of the United	61634
States, and until such individual has worked six weeks and for	61635
those weeks has earned or been paid remuneration equal to six	61636
times an average weekly wage of not less than the amount as	61637
determined in the rules adopted by the director of job and family	61638
services under section 4143.03 of the Revised Code.	61639

(C) "Grant year," with respect to an individual, means the	61640
fifty-two week period beginning with the first day of that week	61641
with respect to which the individual first files a valid	61642
application for a grant under this chapter, and thereafter the	61643
fifty-two week period beginning with the first day of that week	61644
with respect to which the individual next files a valid	61645
application after the termination of the individual's last	61646
preceding grant year, except that the application shall not be	61647
considered valid unless the individual has had employment in six	61648
weeks and has, since the beginning of the individual's previous	61649
grant year, in the employment earned three times the average	61650
weekly wage determined for the previous grant year.	61651

(D) "Qualifying week" means any calendar week in an	61652
individual's base period with respect to which the individual	61653
earns or is paid remuneration in employment.	61654

(E) "Seasonal employment" has the same meaning as in section	61655
4141.33 of the Revised Code.	61656

(F) "Unemployment compensation" has the same meaning as in	61657
section 4141.284 of the Revised Code.	61658

Sec. 4143.02. There is hereby created the military spouse	61659
compensation grant program to provide compensation to an	61660
individual who leaves employment to accompany the individual's	61661
spouse on a military transfer. The director of job and family	61662
services shall administer the program in accordance with the	61663
requirements of this chapter.	61664

Sec. 4143.03. (A) With respect to the military spouse	61665
compensation grant program created in section 4143.02 of the	61666
Revised Code, the director of job and family services, in	61667
accordance with Chapter 119. of the Revised Code, shall adopt	61668
rules that establish all of the following:	61669

(1) Eligibility requirements an individual shall satisfy to	61670
receive a grant under section 4143.04 of the Revised Code,	61671
including the definition of an individual's "base period," which	61672
shall be similar to the requirements an individual must satisfy to	61673
receive unemployment compensation under Chapter 4141. of the	61674
Revised Code;	61675

(2) Procedures for an individual to follow to apply for a	61676
grant and procedures for the awarding and payment of grants in	61677
accordance with section 4143.04 of the Revised Code, that shall be	61678
similar to the manner in which claims for unemployment	61679
compensation are applied for, awarded, and paid pursuant to	61680
Chapter 4141. of the Revised Code;	61681

(3) Requirements to determine an individual's duration of	61682
unemployment;	61683

(4) Requirements for the reduction in grant amounts, that	61684
shall be similar to the requirements specified in sections 4141.31	61685
and 4141.312 of the Revised Code;	61686

(5) Procedures and requirements addressing child support	61687
obligations, that shall be similar to the procedures and	61688
requirements described in section 4141.284 of the Revised Code;	61689

(6) Requirements for eligibility for an individual who has	61690
seasonal employment, that shall be similar to the requirements	61691
described in section 4141.33 of the Revised Code;	61692

(7) Procedures to allow an individual to appeal a	61693
determination made by the director under this chapter in	61694
accordance with Chapter 119. of the Revised Code, including the	61695
time limits in which the individual has to file an appeal;	61696

(8) Penalties for overpayments, and procedures to collect	61697
those overpayments, that shall be similar to penalties and	61698
procedures described in section 4141.35 of the Revised Code.	61699

(B) The director, in accordance with Chapter 119. of the	61700
Revised Code, may adopt any other rules as the director determines	61701
necessary to administer and enforce this chapter. Any rules	61702
adopted under this division shall be consistent with any similar	61703
provision addressed in Chapter 4141. of the Revised Code.	61704

(C) The director may apply any agreement the director has	61705
entered into pursuant to section 4141.43 of the Revised Code, to	61706
the extent permitted under an agreement, in administering this	61707
chapter, or the director may enter into similar agreements as the	61708
director determines necessary. The director shall cooperate with	61709
other agencies as described in division (A) of section 4141.35 of	61710
the Revised Code in the administration of this chapter.	61711

Sec. 4143.04. (A) An individual is eligible to receive a	61712
grant under the military spouse compensation grant program created	61713
in section 4143.02 of the Revised Code for a week in which the	61714
individual satisfies all of the requirements:	61715

(1) The individual's spouse is a member of the armed services	61716
of the United States, the spouse is the subject of a military	61717
transfer, and the individual left employment to accompany the	61718
individual's spouse.	61719

(2) The individual is not otherwise eligible for unemployment	61720
compensation;	61721

(3) The individual satisfies the eligibility requirements	61722
established by the director of job and family services in the	61723
rules the director adopts under section 4143.03 of the Revised	61724
Code.	61725

(B) The director may use the information the director obtains	61726
under section 4141.162 of the Revised Code to determine an	61727
individual's eligibility for a grant under this section.	61728

(C) All grants shall be paid through public employment	61729
offices in accordance with the rules as the director adopts under	61730
section 4143.03 of the Revised Code. The director shall use	61731
eligible funds to issue grants established in this section, except	61732
from the unemployment compensation fund established in section	61733
4141.09 of the Revised Code.	61734

(D) A grant is payable to an eligible and qualified	61735
individual for each week the individual is totally unemployed at	61736
the weekly grant amount determined by the following:	61737

(1) Computing the individual's average weekly wage;

61738

(2) Determining the individual's dependency class under	61739
division (G) of this section;	61740

(3) Computing the individual's weekly grant amount to be	61741
fifty per cent of the individual's average weekly wage, that shall	61742
not exceed the following amounts:	61743

(a) For dependency class A, fifty per cent of the statewide	61744
average weekly wage as calculated under section 4141.30 of the	61745
Revised Code;	61746

(b) For dependency class B, sixty per cent of the statewide	61747
average weekly wage;	61748

(c) For dependency class C, sixty-six and two-thirds per cent	61749
of the statewide average weekly wage.	61750

(E) A grant is payable to each partially unemployed	61751
individual otherwise eligible on account of each week the	61752
individual is partially unemployed in an amount equal to the	61753
individual's weekly grant amount determined under division (B) of	61754
this section less that part of the remuneration payable to the	61755
individual with respect to that week that is in excess of twenty	61756
per cent of the individual's weekly grant amount.	61757

(F) The total amount of a grant to which an individual is	61758
entitled in any grant year, whether for partial or total	61759
unemployment, or both, shall not exceed the lesser of the	61760
following two amounts:	61761

(1) An amount equal to twenty-six times the individual's	61762
weekly grant amount determined in accordance with division (B) of	61763
this section and this division;	61764

(2) An amount computed by taking the sum of twenty times the	61765
individual's weekly grant amount for the first twenty base period	61766
qualifying weeks plus one times the weekly grant amount for each	61767
additional qualifying week beyond the first twenty qualifying	61768
weeks in the individual's base period.	61769

(G)(1) As used in this division, "dependent" has the same	61770
meaning as in section 4141.30 of the Revised Code.	61771

(2) Each eligible and qualified individual shall be assigned	61772
a dependency class in accordance with the following schedule:	61773

Class	Description of dependents	61774
A	No dependents, or has insufficient wages to qualify for more than the maximum weekly grant amount as provided under dependency class A	61775
B	One or two dependents	61776
C	Three or more dependents	61777

(H) Any weekly grant amount that is not a multiple of one	61778
dollar shall be rounded to the next lower multiple of one dollar.	61779
Any grant paid under this section shall be calculated against the	61780
maximum total unemployment compensation payable to the individual	61781
in a benefit year under section 4141.30 of the Revised Code.	61782

(I) If permitted by the United States secretary of labor, a	61783
grant paid under this section shall be considered regular benefits	61784
for purposes of section 4141.301 of the Revised Code. If an	61785
individual who receives a grant under this section is eligible for	61786
extended benefits under section 4141.301 of the Revised Code,	61787
notwithstanding section 4141.09 or division (J) or (L) of section	61788
4141.301 of the Revised Code, extended benefits that may become	61789
payable to that individual that are chargeable to the account of	61790
an employer from whom the individual was separated under division	61791
(A) of this section shall not be charged to that account and shall	61792
be paid from the funds used to pay grants under this section.	61793

Sec. 4143.05. The director of job and family services shall	61794
reduce the amount of any weekly grant amount paid under section	61795
4143.04 of the Revised Code in accordance with the rules the	61796
director adopts under section 4143.03 of the Revised Code. The	61797
director shall make any deduction from such a grant for purposes	61798
of federal income tax payment in a similar manner as the director	61799
makes that deduction under section 4141.321 of the Revised Code	61800
with respect to unemployment compensation.	61801

Sec. 4143.06. An individual may appeal a determination made	61802
by the director of job and family services in accordance with the	61803
rules the director adopts under section 4143.03 of the Revised	61804
Code. The determination made upon completion of that appeals	61805
process is a final determination that may be appealed pursuant to	61806
section 119.12 of the Revised Code.	61807

Sec. 4143.07. (A) Except with respect to the rules adopted	61808
by the director of job and family services under section 4143.03	61809
of the Revised Code concerning child support obligations:	61810

(1) No agreement by an individual to waive the individual's	61811
right to a grant under this chapter is valid, nor shall a grant be	61812
assigned, released, or commuted.	61813

(2) A grant is exempt from all claims of creditors and from	61814
levy, execution, garnishment, attachment, and all other process or	61815
remedy for recovery or collection of a debt, and that exemption	61816
may not be waived.	61817

(B) No individual claiming a grant under this chapter shall	61818
be charged fees of any kind by the director in any proceeding	61819
under this chapter. Any individual claiming a grant may represent	61820
the individual's self personally or be represented by a person	61821
admitted to the practice of law or by a person not admitted to the	61822
practice of law in any proceeding under this chapter before the	61823
director, but no such counsel or agent representing an individual	61824
claiming a grant shall either charge or receive for those services	61825
more than an amount approved by the director. No person shall	61826
charge or receive anything of value in violation of this division.	61827

(C) No employee or other person shall violate this chapter,	61828
or do any act prohibited by this chapter, or fail to perform any	61829
duty lawfully enjoined, within the time prescribed by the	61830
director, for which no penalty has been specifically provided, or	61831
fail to obey any lawful order given or made by the director or any	61832
judgment or decree made by any court in connection with this	61833
chapter. Every day during which any person fails to comply with	61834
any order of the director or to perform any duty enjoined by this	61835
chapter constitutes a separate violation of the order or of this	61836
chapter.	61837

Sec. 4143.08. The director of job and family services shall	61838
enforce this chapter in accordance with the rules the director	61839
adopts under section 4143.03 of the Revised Code. In administering	61840
and enforcing this chapter, the director shall give great weight	61841
and deference to decisions made under Chapter 4141. of the Revised	61842
Code with respect to unemployment compensation.	61843

The director may administer oaths, certify to official acts,	61844
take depositions, issue subpoenas, and compel the attendance and	61845
testimony of witnesses and the production of documents and	61846
testimony in connection with the administration of this chapter.	61847
In case of the refusal of a witness to attend or testify, or to	61848
produce documents, as to any matter regarding which the witness	61849
might be lawfully interrogated in the administration of this	61850
chapter, the court of common pleas of the county in which the	61851
person resides or is found, the court of appeals that has	61852
jurisdiction over the county in which the person resides or is	61853
found, or a judge thereof, upon application of the director, shall	61854
compel obedience by proceedings as for contempt as in case of like	61855
refusal to obey a similar order of the court.	61856

Sec. 4143.09. This chapter shall be liberally construed.

61857

Sec. 4143.99. (A) Whoever violates division (B) of section	61858
4143.07 of the Revised Code is guilty of a misdemeanor of the	61859
first degree.	61860

(B) Whoever violates division (C) of section 4143.07 of the	61861
Revised Code shall be fined not more than five hundred dollars for	61862
the first offense, and for each subsequent offense, the person	61863
shall be fined not less than twenty-five dollars nor more than one	61864
thousand dollars.	61865

Sec. 4301.10. (A) The division of liquor control shall do	61866
all of the following:	61867

(1) Control the traffic in beer and intoxicating liquor in	61868
this state, including the manufacture, importation, and sale of	61869
beer and intoxicating liquor;	61870

(2) Grant or refuse permits for the manufacture,	61871
distribution, transportation, and sale of beer and intoxicating	61872
liquor and the sale of alcohol, as authorized or required by this	61873
chapter and Chapter 4303. of the Revised Code. A certificate,	61874
signed by the superintendent of liquor control and to which is	61875
affixed the official seal of the division, stating that it appears	61876
from the records of the division that no permit has been issued to	61877
the person specified in the certificate, or that a permit, if	61878
issued, has been revoked, canceled, or suspended, shall be	61879
received as prima-facie evidence of the facts recited in the	61880
certificate in any court or before any officer of this state.	61881

(3) Put into operation, manage, and control a system of state	61882
liquor stores for the sale of spirituous liquor at retail and to	61883
holders of permits authorizing the sale of spirituous liquor;	61884
however, the division shall not establish any drive-in state	61885
liquor stores; and by means of those types of stores, and any	61886
manufacturing plants, distributing and bottling plants,	61887
warehouses, and other facilities that it considers expedient,	61888
establish and maintain a state monopoly of the distribution of	61889
spirituous liquor and its sale in packages or containers; and for	61890
that purpose, manufacture, buy, import, possess, and sell	61891
spirituous liquors as provided in this chapter and Chapter 4303.	61892
of the Revised Code, and in the rules promulgated by the	61893
superintendent of liquor control pursuant to those chapters; lease	61894
or in any manner acquire the use of any land or building required	61895
for any of those purposes; purchase any equipment that is	61896
required; and borrow money to carry on its business, and issue,	61897
sign, endorse, and accept notes, checks, and bills of exchange;	61898
but all obligations of the division created under authority of	61899
this division shall be a charge only upon the moneys received by	61900
the division from the sale of spirituous liquor and its other	61901
business transactions in connection with the sale of spirituous	61902
liquor, and shall not be general obligations of the state;	61903

(4) Enforce the administrative provisions of this chapter and	61904
Chapter 4303. of the Revised Code, and the rules and orders of the	61905
liquor control commission and the superintendent relating to the	61906
manufacture, importation, transportation, distribution, and sale	61907
of beer or intoxicating liquor. The attorney general, any	61908
prosecuting attorney, and any prosecuting officer of a municipal	61909
corporation or a municipal court shall, at the request of the	61910
division of liquor control or the department of public safety,	61911
prosecute any person charged with the violation of any provision	61912
in those chapters or of any section of the Revised Code relating	61913
to the manufacture, importation, transportation, distribution, and	61914
sale of beer or intoxicating liquor.	61915

(5) Determine the locations of all state liquor stores and	61916
manufacturing, distributing, and bottling plants required in	61917
connection with those stores, subject to this chapter and Chapter	61918
4303. of the Revised Code;	61919

(6) Conduct inspections of liquor permit premises to	61920
determine compliance with the administrative provisions of this	61921
chapter and Chapter 4303. of the Revised Code and the rules	61922
adopted under those provisions by the liquor control commission.	61923

Except as otherwise provided in division (A)(6) of this	61924
section, those inspections may be conducted only during those	61925
hours in which the permit holder is open for business and only by	61926
authorized agents or employees of the division or by any peace	61927
officer, as defined in section 2935.01 of the Revised Code.	61928
Inspections may be conducted at other hours only to determine	61929
compliance with laws or commission rules that regulate the hours	61930
of sale of beer or intoxicating liquor and only if the	61931
investigator has reasonable cause to believe that those laws or	61932
rules are being violated. Any inspection conducted pursuant to	61933
division (A)(6) of this section is subject to all of the following	61934
requirements:	61935

(a) The only property that may be confiscated is contraband,	61936
as defined in section 2901.01 of the Revised Code, or property	61937
that is otherwise necessary for evidentiary purposes.	61938

(b) A complete inventory of all property confiscated from the	61939
premises shall be given to the permit holder or the permit	61940
holder's agent or employee by the confiscating agent or officer at	61941
the conclusion of the inspection. At that time, the inventory	61942
shall be signed by the confiscating agent or officer, and the	61943
agent or officer shall give the permit holder or the permit	61944
holder's agent or employee the opportunity to sign the inventory.	61945

(c) Inspections conducted pursuant to division (A)(6) of this	61946
section shall be conducted in a reasonable manner. A finding by	61947
any court of competent jurisdiction that an inspection was not	61948
conducted in a reasonable manner in accordance with this section	61949
or any rules adopted by the commission may be considered grounds	61950
for suppression of evidence. A finding by the commission that an	61951
inspection was not conducted in a reasonable manner in accordance	61952
with this section or any rules adopted by it may be considered	61953
grounds for dismissal of the commission case.	61954

If any court of competent jurisdiction finds that property	61955
confiscated as the result of an administrative inspection is not	61956
necessary for evidentiary purposes and is not contraband, as	61957
defined in section 2901.01 of the Revised Code, the court shall	61958
order the immediate return of the confiscated property, provided	61959
that property is not otherwise subject to forfeiture, to the	61960
permit holder. However, the return of this property is not grounds	61961
for dismissal of the case. The commission likewise may order the	61962
return of confiscated property if no criminal prosecution is	61963
pending or anticipated.	61964

(7) Delegate to any of its agents or employees any power of	61965
investigation that the division possesses with respect to the	61966
enforcement of any of the administrative laws relating to beer or	61967
intoxicating liquor, provided that this division does not	61968
authorize the division to designate any agent or employee to serve	61969
as an enforcement agent. The employment and designation of	61970
enforcement agents shall be within the exclusive authority of the	61971
director of public safety pursuant to sections 5502.13 to 5502.19	61972
of the Revised Code.	61973

(8) Collect the following fees:

61974

(a) A biennial fifty-dollar registration fee for each agent,	61975
solicitor, trade marketing professional, or salesperson,	61976
registered pursuant to section 4303.25 of the Revised Code, of a	61977
beer or intoxicating liquor manufacturer, supplier, broker, trade	61978
marketing company, or wholesale distributor doing business in this	61979
state;	61980

(b) A fifty-dollar product registration fee for each new beer	61981
or intoxicating liquor product sold in this state. The product	61982
registration fee also applies to products sold in this state by	61983
B-2a and S permit holders. The product registration fee shall be	61984
accompanied by a copy of the federal label and product approval	61985
for the new product.	61986

(c) An annual three-hundred-dollar supplier registration fee	61987
from each manufacturer or supplier that produces and ships into	61988
this state, or ships into this state, intoxicating liquor or beer,	61989
in addition to an initial application fee of one hundred dollars.	61990
A manufacturer that produces and ships beer or wine into this	61991
state and that holds only an S permit is exempt from the supplier	61992
registration fee. A manufacturer that produces and ships wine into	61993
this state and that holds a B-2a permit shall pay an annual	61994
seventy-six-dollar supplier registration fee. A manufacturer that	61995
produces and ships wine into this state and that does not hold	61996
either an S or a B-2a permit, but that produces less than two	61997
hundred fifty thousand gallons of wine per year and that is	61998
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	61999
annual seventy-six-dollar supplier registration fee. A B-2a or S	62000
permit holder that does not sell its wine to wholesale	62001
distributors of wine in this state and an S permit holder that	62002
does not sell its beer to wholesale distributors of beer in this	62003
state shall not be required to submit to the division territory	62004
designation forms.	62005

Each supplier, agent, solicitor, trade marketing	62006
professional, or salesperson registration issued under this	62007
division shall authorize the person named to carry on the activity	62008
specified in the registration. Each agent, solicitor, trade	62009
marketing professional, or salesperson registration is valid for	62010
two years or for the unexpired portion of a two-year registration	62011
period. Each supplier registration is valid for one year or for	62012
the unexpired portion of a one-year registration period.	62013
Registrations shall end on their respective uniform expiration	62014
date, which shall be designated by the division, and are subject	62015
to suspension, revocation, cancellation, or fine as authorized by	62016
this chapter and Chapter 4303. of the Revised Code.	62017

As used in this division, "trade marketing company" and	62018
"trade marketing professional" have the same meanings as in	62019
section 4301.171 of the Revised Code.	62020

(9) Establish a system of electronic data interchange within	62021
the division and regulate the electronic transfer of information	62022
and funds among persons and governmental entities engaged in the	62023
manufacture, distribution, and retail sale of alcoholic beverages;	62024

(10) Notify all holders of retail permits of the forms of	62025
permissible identification for purposes of division (A) of section	62026
4301.639 of the Revised Code;	62027

(11) Exercise all other powers expressly or by necessary	62028
implication conferred upon the division by this chapter and	62029
Chapter 4303. of the Revised Code, and all powers necessary for	62030
the exercise or discharge of any power, duty, or function	62031
expressly conferred or imposed upon the division by those	62032
chapters.	62033

(B) The division may do all of the following:

62034

(1) Sue, but may be sued only in connection with the	62035
execution of leases of real estate and the purchases and contracts	62036
necessary for the operation of the state liquor stores that are	62037
made under this chapter and Chapter 4303. of the Revised Code;	62038

(2) Enter into leases and contracts of all descriptions and	62039
acquire and transfer title to personal property with regard to the	62040
sale, distribution, and storage of spirituous liquor within the	62041
state;	62042

(3) Terminate at will any lease entered into pursuant to	62043
division (B)(2) of this section upon first giving ninety days'	62044
notice in writing to the lessor of its intention to do so;	62045

(4) Fix the wholesale and retail prices at which the various	62046
classes, varieties, and brands of spirituous liquor shall be sold	62047
by the division. Those retail prices shall be the same at all	62048
state liquor stores, except to the extent that a price	62049
differential is required to collect a county sales tax levied	62050
pursuant to section 5739.021 of the Revised Code and for which tax	62051
the tax commissioner has authorized prepayment pursuant to section	62052
5739.05 of the Revised Code. In fixing selling prices, the	62053
division shall compute an anticipated gross profit at least	62054
sufficient to provide in each calendar year all costs and expenses	62055
of the division and also an adequate working capital reserve for	62056
the division. The gross profit shall not exceed forty per cent of	62057
the retail selling price based on costs of the division, and in	62058
addition the sum required by section 4301.12 of the Revised Code	62059
to be paid into the state treasury. An amount equal to one and	62060
one-half per cent of that gross profit shall be paid into the	62061
statewide treatment and prevention fund created by section 4301.30	62062
of the Revised Code and be appropriated by the general assembly	62063
from the fund to the department of ~~alcohol and drug addiction~~	62064
~~services~~mental health and addiction services as provided in	62065
section 4301.30 of the Revised Code.	62066

On spirituous liquor manufactured in this state from the	62067
juice of grapes or fruits grown in this state, the division shall	62068
compute an anticipated gross profit of not to exceed ten per cent.	62069

The wholesale prices fixed under this division shall be at a	62070
discount of not less than six per cent of the retail selling	62071
prices as determined by the division in accordance with this	62072
section.	62073

(C) The division may approve the expansion or diminution of a	62074
premises to which a liquor permit has been issued and may adopt	62075
standards governing such an expansion or diminution.	62076

Sec. 4301.30. (A) All fees collected by the division of	62077
liquor control shall be deposited in the state treasury to the	62078
credit of the undivided liquor permit fund, which is hereby	62079
created, at the time prescribed under section 4301.12 of the	62080
Revised Code. Each payment shall be accompanied by a statement	62081
showing separately the amount collected for each class of permits	62082
in each municipal corporation and in each township outside the	62083
limits of any municipal corporation in such township.	62084

(B)(1) An amount equal to forty-five per cent of the fund	62085
shall be paid from the fund into the state liquor regulatory fund,	62086
which is hereby created in the state treasury. The state liquor	62087
regulatory fund shall be used to pay the operating expenses of the	62088
division of liquor control in administering and enforcing Title	62089
XLIII of the Revised Code and the operating expenses of the liquor	62090
control commission. Investment earnings of the fund shall be	62091
credited to the fund.	62092

(2) Whenever, in the judgment of the director of budget and	62093
management, the amount of money that is in the state liquor	62094
regulatory fund is in excess of the amount that is needed to pay	62095
the operating expenses of the division in administering and	62096
enforcing Title XLIII of the Revised Code and the operating	62097
expenses of the commission, the director shall credit the excess	62098
amount to the general revenue fund.	62099

(C) Twenty per cent of the undivided liquor permit fund shall	62100
be paid into the statewide treatment and prevention fund, which is	62101
hereby created in the state treasury. This amount shall be	62102
appropriated by the general assembly, together with an amount	62103
equal to one and one-half per cent of the gross profit of the	62104
division of liquor control derived under division (B)(4) of	62105
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	62106
~~and drug addiction services~~mental health and addiction services.	62107
In planning for the allocation of and in allocating these amounts	62108
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	62109
department ~~of alcohol and drug addiction services~~ shall comply	62110
with the nondiscrimination provisions of Title VI of the Civil	62111
Rights Act of 1964, and any rules adopted under that act.	62112

(D) Thirty-five per cent of the undivided liquor permit fund	62113
shall be distributed by the superintendent of liquor control at	62114
quarterly calendar periods as follows:	62115

(1) To each municipal corporation, the aggregate amount shown	62116
by the statements to have been collected from permits in the	62117
municipal corporation, for the use of the general fund of the	62118
municipal corporation;	62119

(2) To each township, the aggregate amount shown by the	62120
statements to have been collected from permits in its territory,	62121
outside the limits of any municipal corporation located in the	62122
township, for the use of the general fund of the township, or for	62123
fire protection purposes, including buildings and equipment in the	62124
township or in an established fire district within the township,	62125
to the extent that the funds are derived from liquor permits	62126
within the territory comprising such fire district.	62127

(E) For the purpose of the distribution required by this	62128
section, E, H, and D permits covering boats or vessels are deemed	62129
to have been issued in the municipal corporation or township	62130
wherein the owner or operator of the vehicle, boat, vessel, or	62131
dining car equipment to which the permit relates has the owner's	62132
or operator's principal office or place of business within the	62133
state.	62134

(F) If the liquor control commission determines that the	62135
police or other officers of any municipal corporation or township	62136
entitled to share in distributions under this section are refusing	62137
or culpably neglecting to enforce this chapter and Chapter 4303.	62138
of the Revised Code, or the penal laws of this state relating to	62139
the manufacture, importation, transportation, distribution, and	62140
sale of beer and intoxicating liquors, or if the prosecuting	62141
officer of a municipal corporation or a municipal court fails to	62142
comply with the request of the commission authorized by division	62143
(A)(4) of section 4301.10 of the Revised Code, the commission, by	62144
certified mail, may notify the chief executive officer of the	62145
municipal corporation or the board of township trustees of the	62146
township of the failure and require the immediate cooperation of	62147
the responsible officers of the municipal corporation or township	62148
with the division of liquor control in the enforcement of those	62149
chapters and penal laws. Within thirty days after the notice is	62150
served, the commission shall determine whether the requirement has	62151
been complied with. If the commission determines that the	62152
requirement has not been complied with, it may issue an order to	62153
the superintendent to withhold the distributive share of the	62154
municipal corporation or township until further order of the	62155
commission. This action of the commission is reviewable within	62156
thirty days thereafter in the court of common pleas of Franklin	62157
county.	62158

(G) All fees collected by the division of liquor control from	62159
the issuance or renewal of B-2a and S permits, and paid by B-2a	62160
and S permit holders who do not also hold A-2 permits, shall be	62161
deposited in the state treasury to the credit of the state liquor	62162
regulatory fund. Once during each fiscal year, an amount equal to	62163
fifty per cent of the fees collected shall be paid from the state	62164
liquor regulatory fund into the general revenue fund.	62165

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	62166
the Revised Code:	62167

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	62168
fluid ounces.	62169

(2) "Sale" or "sell" includes exchange, barter, gift,	62170
distribution, and, except with respect to A-4 permit holders,	62171
offer for sale.	62172

(B) For the purposes of providing revenues for the support of	62173
the state and encouraging the grape industries in the state, a tax	62174
is hereby levied on the sale or distribution of wine in Ohio,	62175
except for known sacramental purposes, at the rate of thirty cents	62176
per wine gallon for wine containing not less than four per cent of	62177
alcohol by volume and not more than fourteen per cent of alcohol	62178
by volume, ninety-eight cents per wine gallon for wine containing	62179
more than fourteen per cent but not more than twenty-one per cent	62180
of alcohol by volume, one dollar and eight cents per wine gallon	62181
for vermouth, and one dollar and forty-eight cents per wine gallon	62182
for sparkling and carbonated wine and champagne, the tax to be	62183
paid by the holders of A-2 and B-5 permits or by any other person	62184
selling or distributing wine upon which no tax has been paid. From	62185
the tax paid under this section on wine, vermouth, and sparkling	62186
and carbonated wine and champagne, the treasurer of state shall	62187
credit to the Ohio grape industries fund created under section	62188
924.54 of the Revised Code a sum equal to one cent per gallon for	62189
each gallon upon which the tax is paid.	62190

(C) For the purpose of providing revenues for the support of	62191
the state, there is hereby levied a tax on prepared and bottled	62192
highballs, cocktails, cordials, and other mixed beverages at the	62193
rate of one dollar and twenty cents per wine gallon to be paid by	62194
holders of A-4 permits or by any other person selling or	62195
distributing those products upon which no tax has been paid. Only	62196
one sale of the same article shall be used in computing the amount	62197
of tax due. The tax on mixed beverages to be paid by holders of	62198
A-4 permits under this section shall not attach until the	62199
ownership of the mixed beverage is transferred for valuable	62200
consideration to a wholesaler or retailer, and no payment of the	62201
tax shall be required prior to that time.	62202

(D) During the period of July 1, ~~2011~~2013, through June 30,	62203
~~2013~~2015, from the tax paid under this section on wine, vermouth,	62204
and sparkling and carbonated wine and champagne, the treasurer of	62205
state shall credit to the Ohio grape industries fund created under	62206
section 924.54 of the Revised Code a sum equal to two cents per	62207
gallon upon which the tax is paid. The amount credited under this	62208
division is in addition to the amount credited to the Ohio grape	62209
industries fund under division (B) of this section.	62210

(E) For the purpose of providing revenues for the support of	62211
the state, there is hereby levied a tax on cider at the rate of	62212
twenty-four cents per wine gallon to be paid by the holders of A-2	62213
and B-5 permits or by any other person selling or distributing	62214
cider upon which no tax has been paid. Only one sale of the same	62215
article shall be used in computing the amount of the tax due.	62216

Sec. 4305.131. (A) If any permit holder fails to pay the	62217
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	62218
the Revised Code in the manner prescribed by section 4303.33 of	62219
the Revised Code, or by section 4301.421 or 4301.424 of the	62220
Revised Code in the manner prescribed in section 4301.422 of the	62221
Revised Code, and by the rules of the tax commissioner, the	62222
commissioner may make an assessment against the permit holder	62223
based upon any information in the commissioner's possession.	62224

No assessment shall be made against any permit holder for any	62225
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	62226
4301.432, or 4305.01 of the Revised Code more than three years	62227
after the last day of the calendar month in which the sale was	62228
made or more than three years after the return for that period is	62229
filed, whichever is later. This section does not bar an assessment	62230
against any permit holder or registrant as provided in section	62231
4303.331 of the Revised Code who fails to file a return as	62232
required by section 4301.422 or 4303.33 of the Revised Code, or	62233
who files a fraudulent return.	62234

A penalty of up to thirty per cent may be added to the amount	62235
of every assessment made under this section. The commissioner may	62236
adopt rules providing for the imposition and remission of	62237
penalties added to assessments made under this section.	62238

The commissioner shall give the party assessed written notice	62239
of the assessment in the manner provided in section 5703.37 of the	62240
Revised Code. With the notice, the commissioner shall provide	62241
instructions on how to petition for reassessment and request a	62242
hearing on the petition.	62243

(B) Unless the party assessed files with the tax commissioner	62244
within sixty days after service of the notice of assessment,	62245
either personally or by certified mail, a written petition for	62246
reassessment, signed by the party assessed or that party's	62247
authorized agent having knowledge of the facts, the assessment	62248
becomes final and the amount of the assessment is due and payable	62249
from the party assessed to the treasurer of state. The petition	62250
shall indicate the objections of the party assessed, but	62251
additional objections may be raised in writing if received by the	62252
commissioner prior to the date shown on the final determination.	62253
If the petition has been properly filed, the commissioner shall	62254
proceed under section 5703.60 of the Revised Code.	62255

(C) After an assessment becomes final, if any portion of the	62256
assessment remains unpaid, including accrued interest, a certified	62257
copy of the tax commissioner's entry making the assessment final	62258
may be filed in the office of the clerk of the court of common	62259
pleas in the county in which the permit holder's place of business	62260
is located or the county in which the party assessed resides. If	62261
the party assessed maintains no place of business in this state	62262
and is not a resident of this state, the certified copy of the	62263
entry may be filed in the office of the clerk of the court of	62264
common pleas of Franklin county.	62265

Immediately upon the filing of the entry, the clerk shall	62266
enter a judgment for the state against the party assessed in the	62267
amount shown on the entry. The judgment may be filed by the clerk	62268
in a loose-leaf book entitled "special judgments for state beer	62269
and liquor sales taxes," and shall have the same effect as other	62270
judgments. Execution shall issue upon the judgment upon the	62271
request of the commissioner, and all laws applicable to sales on	62272
execution shall apply to sales made under the judgment, except as	62273
otherwise provided in this chapter and Chapters 4301. and 4307. of	62274
the Revised Code.	62275

~~The portion of~~If the assessment is not paid in its entirety	62276
within sixty days after the day the assessment was issued, the	62277
portion of the assessment consisting of tax due shall bear	62278
interest at the rate per annum prescribed by section 5703.47 of	62279
the Revised Code from the day the commissioner issues the	62280
assessment until it is paid or until it is certified to the	62281
attorney general for collection under section 131.02 of the	62282
Revised Code, whichever comes first. If the unpaid portion of the	62283
assessment is certified to the attorney general for collection,	62284
the entire unpaid portion of the assessment shall bear interest at	62285
the rate per annum prescribed by section 5703.47 of the Revised	62286
Code from the date of certification until the date it is paid in	62287
its entirety. Interest shall be paid in the same manner as the tax	62288
and may be collected by the issuance of an assessment under this	62289
section.	62290

(D) All money collected under this section shall be	62291
considered as revenue arising from the taxes imposed by sections	62292
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	62293
Revised Code.	62294

Sec. 4501.21. (A) There is hereby created in the state	62295
treasury the license plate contribution fund. The fund shall	62296
consist of all contributions paid by motor vehicle registrants and	62297
collected by the registrar of motor vehicles pursuant to sections	62298
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	62299
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	62300
4503.523, 4503.524, 4503.531, 4503.545, 4503.55, 4503.551,	62301
4503.552, 4503.553, 4503.561, 4503.562, 4503.564, 4503.591,	62302
4503.67, 4503.68, 4503.69, 4503.701, 4503.71, 4503.711, 4503.712,	62303
4503.713, 4503.72, 4503.73, 4503.74, 4503.75, 4503.751, 4503.85,	62304
4503.89, 4503.92, and 4503.94 of the Revised Code.	62305

(B) The registrar shall pay the contributions the registrar	62306
collects in the fund as follows:	62307

The registrar shall pay the contributions received pursuant	62308
to section 4503.491 of the Revised Code to the breast cancer fund	62309
of Ohio, which shall use that money only to pay for programs that	62310
provide assistance and education to Ohio breast cancer patients	62311
and that improve access for such patients to quality health care	62312
and clinical trials and shall not use any of the money for	62313
abortion information, counseling, services, or other	62314
abortion-related activities.	62315

The registrar shall pay the contributions received pursuant	62316
to section 4503.493 of the Revised Code to the autism society of	62317
Ohio, which shall use the contributions for programs and autism	62318
awareness efforts throughout the state.	62319

The registrar shall pay the contributions the registrar	62320
receives pursuant to section 4503.494 of the Revised Code to the	62321
national multiple sclerosis society for distribution in equal	62322
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	62323
chapters of the national multiple sclerosis society. These	62324
chapters shall use the money they receive under this section to	62325
assist in paying the expenses they incur in providing services	62326
directly to their clients.	62327

The registrar shall pay the contributions the registrar	62328
receives pursuant to section 4503.496 of the Revised Code to the	62329
Ohio sickle cell and health association, which shall use the	62330
contributions to help support educational, clinical, and social	62331
support services for adults who have sickle cell disease.	62332

The registrar shall pay the contributions the registrar	62333
receives pursuant to section 4503.498 of the Revised Code to	62334
special olympics Ohio, inc., which shall use the contributions for	62335
its programs, charitable efforts, and other activities.	62336

The registrar shall pay the contributions the registrar	62337
receives pursuant to section 4503.499 of the Revised Code to the	62338
children's glioma cancer foundation, which shall use the	62339
contributions for its research and other programs.	62340

The registrar shall pay the contributions the registrar	62341
receives pursuant to section 4503.50 of the Revised Code to the	62342
future farmers of America foundation, which shall deposit the	62343
contributions into its general account to be used for educational	62344
and scholarship purposes of the future farmers of America	62345
foundation.	62346

The registrar shall pay the contributions the registrar	62347
receives pursuant to section 4503.501 of the Revised Code to the	62348
4-H youth development program of the Ohio state university	62349
extension program, which shall use those contributions to pay the	62350
expenses it incurs in conducting its educational activities.	62351

The registrar shall pay the contributions received pursuant	62352
to section 4503.502 of the Revised Code to the Ohio cattlemen's	62353
foundation, which shall use those contributions for scholarships	62354
and other educational activities.	62355

The registrar shall pay the contributions received pursuant	62356
to section 4503.505 of the Revised Code to the organization Ohio	62357
region phi theta kappa, which shall use those contributions for	62358
scholarships for students who are members of that organization.	62359

The registrar shall pay each contribution the registrar	62360
receives pursuant to section 4503.51 of the Revised Code to the	62361
university or college whose name or marking or design appears on	62362
collegiate license plates that are issued to a person under that	62363
section. A university or college that receives contributions from	62364
the fund shall deposit the contributions into its general	62365
scholarship fund.	62366

The registrar shall pay the contributions the registrar	62367
receives pursuant to section 4503.522 of the Revised Code to the	62368
"friends of Perry's victory and international peace memorial,	62369
incorporated," a nonprofit corporation organized under the laws of	62370
this state, to assist that organization in paying the expenses it	62371
incurs in sponsoring or holding charitable, educational, and	62372
cultural events at the monument.	62373

The registrar shall pay the contributions the registrar	62374
receives pursuant to section 4503.523 of the Revised Code to the	62375
fairport lights foundation, which shall use the money to pay for	62376
the restoration, maintenance, and preservation of the lighthouses	62377
of fairport harbor.	62378

The registrar shall pay the contributions the registrar	62379
receives pursuant to section 4503.524 of the Revised Code to the	62380
Massillon tiger football booster club, which shall use the	62381
contributions only to promote and support the football team of	62382
Washington high school of the Massillon city school district.	62383

The registrar shall pay the contributions the registrar	62384
receives pursuant to section 4503.531 of the Revised Code to the	62385
thank you foundation, incorporated, a nonprofit corporation	62386
organized under the laws of this state, to assist that	62387
organization in paying for the charitable activities and programs	62388
it sponsors in support of United States military personnel,	62389
veterans, and their families.	62390

The registrar shall pay the contributions the registrar	62391
receives pursuant to section 4503.55 of the Revised Code to the	62392
pro football hall of fame, which shall deposit the contributions	62393
into a special bank account that it establishes and which shall be	62394
separate and distinct from any other account the pro football hall	62395
of fame maintains, to be used exclusively for the purpose of	62396
promoting the pro football hall of fame as a travel destination.	62397

The registrar shall pay the contributions that are paid to	62398
the registrar pursuant to section 4503.545 of the Revised Code to	62399
the national rifle association foundation, which shall use the	62400
money to pay the costs of the educational activities and programs	62401
the foundation holds or sponsors in this state.	62402

The registrar shall pay to the Ohio pet fund the	62403
contributions the registrar receives pursuant to section 4503.551	62404
of the Revised Code and any other money from any other source,	62405
including donations, gifts, and grants, that is designated by the	62406
source to be paid to the Ohio pet fund. The Ohio pet fund shall	62407
use the moneys it receives under this section to support programs	62408
for the sterilization of dogs and cats and for educational	62409
programs concerning the proper veterinary care of those animals,	62410
and for expenses of the Ohio pet fund that are reasonably	62411
necessary for it to obtain and maintain its tax-exempt status and	62412
to perform its duties.	62413

The registrar shall pay the contributions the registrar	62414
receives pursuant to section 4503.552 of the Revised Code to the	62415
rock and roll hall of fame and museum, incorporated.	62416

The registrar shall pay the contributions the registrar	62417
receives pursuant to section 4503.553 of the Revised Code to the	62418
Ohio coalition for animals, incorporated, a nonprofit corporation.	62419
Except as provided in division (B) of this section, the coalition	62420
shall distribute the money to its members, and the members shall	62421
use the money only to pay for educational, charitable, and other	62422
programs of each coalition member that provide care for unwanted,	62423
abused, and neglected horses. The Ohio coalition for animals may	62424
use a portion of the money to pay for reasonable marketing costs	62425
incurred in the design and promotion of the license plate and for	62426
administrative costs incurred in the disbursement and management	62427
of funds received under this section.	62428

The registrar shall pay the contributions the registrar	62429
receives pursuant to section 4503.561 of the Revised Code to the	62430
state of Ohio chapter of ducks unlimited, inc., which shall	62431
deposit the contributions into a special bank account that it	62432
establishes. The special bank account shall be separate and	62433
distinct from any other account the state of Ohio chapter of ducks	62434
unlimited, inc., maintains and shall be used exclusively for the	62435
purpose of protecting, enhancing, restoring, and managing wetlands	62436
and conserving wildlife habitat. The state of Ohio chapter of	62437
ducks unlimited, inc., annually shall notify the registrar in	62438
writing of the name, address, and account to which such payments	62439
are to be made.	62440

The registrar shall pay the contributions the registrar	62441
receives pursuant to section 4503.562 of the Revised Code to the	62442
Mahoning river consortium, which shall use the money to pay the	62443
expenses it incurs in restoring and maintaining the Mahoning river	62444
watershed.	62445

The registrar shall pay the contributions the registrar	62446
receives pursuant to section 4503.564 of the Revised Code to	62447
Antioch college for the use of the Glen Helen ecology institute to	62448
pay expenses related to the Glen Helen nature preserve.	62449

The registrar shall pay to a sports commission created	62450
pursuant to section 4503.591 of the Revised Code each contribution	62451
the registrar receives under that section that an applicant pays	62452
to obtain license plates that bear the logo of a professional	62453
sports team located in the county of that sports commission and	62454
that is participating in the license plate program pursuant to	62455
division (E) of that section, irrespective of the county of	62456
residence of an applicant.	62457

The registrar shall pay to a community charity each	62458
contribution the registrar receives under section 4503.591 of the	62459
Revised Code that an applicant pays to obtain license plates that	62460
bear the logo of a professional sports team that is participating	62461
in the license plate program pursuant to division (G) of that	62462
section.	62463

The registrar shall pay the contributions the registrar	62464
receives pursuant to section 4503.67 of the Revised Code to the	62465
Dan Beard council of the boy scouts of America. The council shall	62466
distribute all contributions in an equitable manner throughout the	62467
state to regional councils of the boy scouts.	62468

The registrar shall pay the contributions the registrar	62469
receives pursuant to section 4503.68 of the Revised Code to the	62470
great river council of the girl scouts of the United States of	62471
America. The council shall distribute all contributions in an	62472
equitable manner throughout the state to regional councils of the	62473
girl scouts.	62474

The registrar shall pay the contributions the registrar	62475
receives pursuant to section 4503.69 of the Revised Code to the	62476
Dan Beard council of the boy scouts of America. The council shall	62477
distribute all contributions in an equitable manner throughout the	62478
state to regional councils of the boy scouts.	62479

The registrar shall pay the contributions the registrar	62480
receives pursuant to section 4503.701 of the Revised Code to the	62481
Prince Hall grand lodge of free and accepted masons of Ohio, which	62482
shall use the contributions for scholarship purposes.	62483

The registrar shall pay the contributions the registrar	62484
receives pursuant to section 4503.71 of the Revised Code to the	62485
fraternal order of police of Ohio, incorporated, which shall	62486
deposit the fees into its general account to be used for purposes	62487
of the fraternal order of police of Ohio, incorporated.	62488

The registrar shall pay the contributions the registrar	62489
receives pursuant to section 4503.711 of the Revised Code to the	62490
fraternal order of police of Ohio, incorporated, which shall	62491
deposit the contributions into an account that it creates to be	62492
used for the purpose of advancing and protecting the law	62493
enforcement profession, promoting improved law enforcement	62494
methods, and teaching respect for law and order.	62495

The registrar shall pay the contributions received pursuant	62496
to section 4503.712 of the Revised Code to Ohio concerns of police	62497
survivors, which shall use those contributions to provide whatever	62498
assistance may be appropriate to the families of Ohio law	62499
enforcement officers who are killed in the line of duty.	62500

The registrar shall pay the contributions received pursuant	62501
to section 4503.713 of the Revised Code to the greater Cleveland	62502
peace officers memorial society, which shall use those	62503
contributions to honor law enforcement officers who have died in	62504
the line of duty and support its charitable purposes.	62505

The registrar shall pay the contributions the registrar	62506
receives pursuant to section 4503.72 of the Revised Code to the	62507
organization known on March 31, 2003, as the Ohio CASA/GAL	62508
association, a private, nonprofit corporation organized under	62509
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	62510
shall use these contributions to pay the expenses it incurs in	62511
administering a program to secure the proper representation in the	62512
courts of this state of abused, neglected, and dependent children,	62513
and for the training and supervision of persons participating in	62514
that program.	62515

The registrar shall pay the contributions the registrar	62516
receives pursuant to section 4503.73 of the Revised Code to Wright	62517
B. Flyer, incorporated, which shall deposit the contributions into	62518
its general account to be used for purposes of Wright B. Flyer,	62519
incorporated.	62520

The registrar shall pay the contributions the registrar	62521
receives pursuant to section 4503.74 of the Revised Code to the	62522
Columbus zoological park association, which shall disburse the	62523
moneys to Ohio's major metropolitan zoos, as defined in section	62524
4503.74 of the Revised Code, in accordance with a written	62525
agreement entered into by the major metropolitan zoos.	62526

The registrar shall pay the contributions the registrar	62527
receives pursuant to section 4503.75 of the Revised Code to the	62528
rotary foundation, located on March 31, 2003, in Evanston,	62529
Illinois, to be placed in a fund known as the permanent fund and	62530
used to endow educational and humanitarian programs of the rotary	62531
foundation.	62532

The registrar shall pay the contributions the registrar	62533
receives pursuant to section 4503.751 of the Revised Code to the	62534
Ohio association of realtors, which shall deposit the	62535
contributions into a property disaster relief fund maintained	62536
under the Ohio realtors charitable and education foundation.	62537

The registrar shall pay the contributions the registrar	62538
receives pursuant to section 4503.85 of the Revised Code to the	62539
Ohio sea grant college program to be used for Lake Erie area	62540
research projects.	62541

The registrar shall pay the contributions the registrar	62542
receives pursuant to section 4503.89 of the Revised Code to the	62543
American red cross of greater Columbus on behalf of the Ohio	62544
chapters of the American red cross, which shall use the	62545
contributions for disaster readiness, preparedness, and response	62546
programs on a statewide basis.	62547

The registrar shall pay the contributions received pursuant	62548
to section 4503.92 of the Revised Code to support our troops,	62549
incorporated, a national nonprofit corporation, which shall use	62550
those contributions in accordance with its articles of	62551
incorporation and for the benefit of servicemembers of the armed	62552
forces of the United States and their families when they are in	62553
financial need.	62554

The registrar shall pay the contributions the registrar	62555
receives pursuant to section 4503.94 of the Revised Code to the	62556
Michelle's leading star foundation, which shall use the money	62557
solely to fund the rental, lease, or purchase of the simulated	62558
driving curriculum of the Michelle's leading star foundation by	62559
boards of education of city, exempted village, local, and joint	62560
vocational school districts.	62561

(C) All investment earnings of the license plate contribution	62562
fund shall be credited to the fund. Not later than the first day	62563
of May of every year, the registrar shall distribute to each	62564
entity described in division (B) of this section the investment	62565
income the fund earned the previous calendar year. The amount of	62566
such a distribution paid to an entity shall be proportionate to	62567
the amount of money the entity received from the fund during the	62568
previous calendar year.	62569

Sec. 4503.524. (A) The owner or lessee of any passenger car,	62570
noncommercial motor vehicle, recreational vehicle, or other	62571
vehicle of a class approved by the registrar of motor vehicles may	62572
apply to the registrar for the registration of the vehicle and	62573
issuance of "Massillon tiger football booster club" license	62574
plates. The application for "Massillon tiger football booster	62575
club" license plates may be combined with a request for a special	62576
reserved license plate under section 4503.40 or 4503.42 of the	62577
Revised Code. Upon receipt of the completed application and	62578
compliance with division (B) of this section, the registrar shall	62579
issue to the applicant the appropriate vehicle registration and a	62580
set of "Massillon tiger football booster club" license plates with	62581
a validation sticker or a validation sticker alone when required	62582
by section 4503.191 of the Revised Code. In addition to the	62583
letters and numbers ordinarily inscribed thereon, "Massillon tiger	62584
football booster club" license plates shall be inscribed with	62585
words and markings selected and designed by the Massillon tiger	62586
football booster club and approved by the registrar. "Massillon	62587
tiger football booster club" license plates shall bear county	62588
identification stickers that identify the county of registration	62589
by name or number.	62590

(B) "Massillon tiger football booster club" license plates	62591
and validation stickers shall be issued upon payment of the	62592
regular license tax as prescribed under section 4503.04 of the	62593
Revised Code, any applicable motor vehicle tax levied under	62594
Chapter 4504. of the Revised Code, a bureau of motor vehicles	62595
administrative fee of ten dollars, the contribution specified in	62596
division (C) of this section, and compliance with all other	62597
applicable laws relating to the registration of motor vehicles. If	62598
the application for "Massillon tiger football booster club"	62599
license plates is combined with a request for a special reserved	62600
license plate under section 4503.40 or 4503.42 of the Revised	62601
Code, the license plates and validation sticker shall be issued	62602
upon payment of the contribution, fees, and taxes contained in	62603
this division and the additional fee prescribed under section	62604
4503.40 or 4503.42 of the Revised Code.	62605

(C) For each application for registration and registration	62606
renewal submitted under this section, the registrar shall collect	62607
a contribution of twenty-five dollars. The registrar shall	62608
transmit this contribution to the treasurer of state for deposit	62609
into the license plate contribution fund created in section	62610
4501.21 of the Revised Code.	62611

The registrar shall deposit the ten-dollar bureau	62612
administrative fee, the purpose of which is to compensate the	62613
bureau for additional services required in issuing "Massillon	62614
tiger football booster club" license plates, into the state bureau	62615
of motor vehicles fund created in section 4501.25 of the Revised	62616
Code.	62617

Sec. 4503.62. (A) Application for the registration of an	62618
apportionable vehicle shall be made to the registrar of motor	62619
vehicles in accordance with division (J) of section 4503.10 of the	62620
Revised Code.	62621

(B) Any person applying to register a vehicle or combination	62622
vehicle that has a gross vehicle weight of twenty-six thousand	62623
pounds or less or two axles, or that is a bus used in charter	62624
party service, also may register the vehicle in accordance with	62625
division (J) of section 4503.10 of the Revised Code if the vehicle	62626
is used or intended for use in two or more international	62627
registration plan member jurisdictions.	62628

(C) No later than December 31, 2011, the registrar shall	62629
adopt rules under Chapter 119. of the Revised Code to establish a	62630
program to accept applications for vehicle registration	62631
transactions of apportionable vehicles electronically over the	62632
internet. The program also may provide for vehicle registration	62633
transactions of nonapportionable commercial motor vehicles over	62634
the internet.	62635

(D) The internet registration program shall provide an option	62636
for the payment of all registration taxes and fees by use of a	62637
financial transaction device. In providing for payment by the use	62638
of a financial transaction device, the registrar ~~may, but is not~~	62639
~~required to,~~shall comply with section 113.40 of the Revised Code.	62640
~~The registrar, with the approval of the director of public safety,~~	62641
~~may contract with a third party to accept and process payments~~	62642
~~made by use of a financial transaction device on behalf of the~~	62643
~~bureau of motor vehicles.~~ All fees associated with payment by use	62644
of a financial transaction device shall be borne by the applicants	62645
seeking the registration of apportionable or other vehicles under	62646
the program established pursuant to division (C) of this section.	62647
The bureau shall not pay any costs, and shall not retain any	62648
additional fees, associated with the use of a financial	62649
transaction device.	62650

(E) As used in this section, "financial transaction device"	62651
has the same meaning as in section 113.40 of the Revised Code.	62652

Sec. 4506.07. (A) Every application for a commercial	62653
driver's license, restricted commercial driver's license, or a	62654
commercial driver's temporary instruction permit, or a duplicate	62655
of such a license, shall be made upon a form approved and	62656
furnished by the registrar of motor vehicles. Except as provided	62657
in section 4506.24 of the Revised Code in regard to a restricted	62658
commercial driver's license, the application shall be signed by	62659
the applicant and shall contain the following information:	62660

(1) The applicant's name, date of birth, social security	62661
account number, sex, general description including height, weight,	62662
and color of hair and eyes, current residence, duration of	62663
residence in this state, country of citizenship, and occupation;	62664

(2) Whether the applicant previously has been licensed to	62665
operate a commercial motor vehicle or any other type of motor	62666
vehicle in another state or a foreign jurisdiction and, if so,	62667
when, by what state, and whether the license or driving privileges	62668
currently are suspended or revoked in any jurisdiction, or the	62669
applicant otherwise has been disqualified from operating a	62670
commercial motor vehicle, or is subject to an out-of-service order	62671
issued under this chapter or any similar law of another state or a	62672
foreign jurisdiction and, if so, the date of, locations involved,	62673
and reason for the suspension, revocation, disqualification, or	62674
out-of-service order;	62675

(3) Whether the applicant is afflicted with or suffering from	62676
any physical or mental disability or disease that prevents the	62677
applicant from exercising reasonable and ordinary control over a	62678
motor vehicle while operating it upon a highway or is or has been	62679
subject to any condition resulting in episodic impairment of	62680
consciousness or loss of muscular control and, if so, the nature	62681
and extent of the disability, disease, or condition, and the names	62682
and addresses of the physicians attending the applicant;	62683

(4) Whether the applicant has obtained a medical examiner's	62684
certificate as required by this chapter and, beginning January 30,	62685
2012, the applicant, prior to or at the time of applying, has	62686
self-certified to the registrar the applicable status of the	62687
applicant under division (A)(2) of section 4506.10 of the Revised	62688
Code;	62689

(5) Whether the applicant has pending a citation for	62690
violation of any motor vehicle law or ordinance except a parking	62691
violation and, if so, a description of the citation, the court	62692
having jurisdiction of the offense, and the date when the offense	62693
occurred;	62694

(6) ~~Whether~~If an applicant has not certified the applicant's	62695
willingness to make an anatomical gift under section 2108.05 of	62696
the Revised Code, whether the applicant wishes to certify	62697
willingness to make such an anatomical gift ~~under section 2108.05~~	62698
~~of the Revised Code~~, which shall be given no consideration in the	62699
issuance of a license;	62700

(7) On and after May 1, 1993, whether the applicant has	62701
executed a valid durable power of attorney for health care	62702
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	62703
executed a declaration governing the use or continuation, or the	62704
withholding or withdrawal, of life-sustaining treatment pursuant	62705
to sections 2133.01 to 2133.15 of the Revised Code and, if the	62706
applicant has executed either type of instrument, whether the	62707
applicant wishes the license issued to indicate that the applicant	62708
has executed the instrument;	62709

(8) On and after October 7, 2009, whether the applicant is a	62710
veteran, active duty, or reservist of the armed forces of the	62711
United States and, if the applicant is such, whether the applicant	62712
wishes the license issued to indicate that the applicant is a	62713
veteran, active duty, or reservist of the armed forces of the	62714
United States by a military designation on the license.	62715

(B) Every applicant shall certify, on a form approved and	62716
furnished by the registrar, all of the following:	62717

(1) That the motor vehicle in which the applicant intends to	62718
take the driving skills test is representative of the type of	62719
motor vehicle that the applicant expects to operate as a driver;	62720

(2) That the applicant is not subject to any disqualification	62721
or out-of-service order, or license suspension, revocation, or	62722
cancellation, under the laws of this state, of another state, or	62723
of a foreign jurisdiction and does not have more than one driver's	62724
license issued by this or another state or a foreign jurisdiction;	62725

(3) Any additional information, certification, or evidence	62726
that the registrar requires by rule in order to ensure that the	62727
issuance of a commercial driver's license to the applicant is in	62728
compliance with the law of this state and with federal law.	62729

(C) Every applicant shall execute a form, approved and	62730
furnished by the registrar, under which the applicant consents to	62731
the release by the registrar of information from the applicant's	62732
driving record.	62733

(D) The registrar or a deputy registrar, in accordance with	62734
section 3503.11 of the Revised Code, shall register as an elector	62735
any applicant for a commercial driver's license or for a renewal	62736
or duplicate of such a license under this chapter, if the	62737
applicant is eligible and wishes to be registered as an elector.	62738
The decision of an applicant whether to register as an elector	62739
shall be given no consideration in the decision of whether to	62740
issue the applicant a license or a renewal or duplicate.	62741

(E) The registrar or a deputy registrar, in accordance with	62742
section 3503.11 of the Revised Code, shall offer the opportunity	62743
of completing a notice of change of residence or change of name to	62744
any applicant for a commercial driver's license or for a renewal	62745
or duplicate of such a license who is a resident of this state, if	62746
the applicant is a registered elector who has changed the	62747
applicant's residence or name and has not filed such a notice.	62748

(F) In considering any application submitted pursuant to this	62749
section, the bureau of motor vehicles may conduct any inquiries	62750
necessary to ensure that issuance or renewal of a commercial	62751
driver's license would not violate any provision of the Revised	62752
Code or federal law.	62753

(G) In addition to any other information it contains, on and	62754
after October 7, 2009, the form approved and furnished by the	62755
registrar of motor vehicles for an application for a commercial	62756
driver's license, restricted commercial driver's license, or a	62757
commercial driver's temporary instruction permit or an application	62758
for a duplicate of such a license shall inform applicants that the	62759
applicant must present a copy of the applicant's DD-214 or an	62760
equivalent document in order to qualify to have the license or	62761
duplicate indicate that the applicant is a veteran, active duty,	62762
or reservist of the armed forces of the United States based on a	62763
request made pursuant to division (A)(8) of this section.	62764

Sec. 4507.021. (A) No person shall drive, operate, draw,	62765
move, or propel an agricultural tractor or implement of husbandry	62766
upon a street or highway in either of the following circumstances	62767
unless the person has a current, valid driver's or commercial	62768
driver's license:	62769

(1) At a speed greater than twenty-five miles per hour; or

62770

(2) While transporting persons in or on a trailer or unit of	62771
farm machinery.	62772

(B) Whoever violates division (A) of this section is guilty	62773
of a misdemeanor of the first degree.	62774

Sec. 4507.03. (A)(1) No person shall be required to obtain a	62775
driver's or commercial driver's license for the purpose of	62776
temporarily driving, operating, drawing, moving, or propelling a	62777
road roller or road machinery upon a street or highway.	62778

(2) NoExcept as provided in section 4507.021 of the Revised	62779
Code, no person shall be required to obtain a driver's or	62780
commercial driver's license for the purpose of temporarily	62781
driving, operating, drawing, moving, or propelling any	62782
agricultural tractor or implement of husbandry upon a street or	62783
highway at a speed of twenty-five miles per hour or less.	62784

(3) ~~No person shall drive, operate, draw, move, or propel any~~	62785
~~agricultural tractor or implement of husbandry upon a street or~~	62786
~~highway at a speed greater than twenty-five miles per hour unless~~	62787
~~the person has a current, valid driver's or commercial driver's~~	62788
~~license.~~	62789

~~(4)~~ No person having a valid driver's or commercial driver's	62790
license shall be required to have a motorcycle operator's	62791
endorsement to operate a motorcycle having three wheels with a	62792
motor of not more than fifty cubic centimeters piston	62793
displacement.	62794

(B) Every person on active duty in the armed forces of the	62795
United States, when furnished with a driver's permit and when	62796
operating an official motor vehicle in connection with such duty,	62797
is exempt from the license requirements of Chapters 4506. and	62798
4507. of the Revised Code.	62799

Every person on active duty in the armed forces of the United	62800
States or in service with the peace corps, volunteers in service	62801
to America, or the foreign service of the United States is exempt	62802
from the license requirements of those chapters for the period of	62803
the person's active duty or service and for six months thereafter,	62804
provided the person was a licensee under those chapters at the	62805
time the person commenced the person's active duty or service. The	62806
spouse or a dependent of any such person on active duty or in	62807
service also is exempt from the license requirements of those	62808
chapters for the period of the person's active duty or service and	62809
for six months thereafter, provided the spouse or dependent was a	62810
licensee under those chapters at the time the person commenced the	62811
active duty or service, and provided further that the person's	62812
active duty or service causes the spouse or dependent to relocate	62813
outside of this state during the period of the active duty or	62814
service.	62815

This section does not prevent such a person or the person's	62816
spouse or dependent from making an application, as provided in	62817
division (C) of section 4507.10 of the Revised Code, for the	62818
renewal of a driver's license or motorcycle operator's endorsement	62819
or as provided in section 4506.14 of the Revised Code for the	62820
renewal of a commercial driver's license during the period of the	62821
person's active duty or service.	62822

~~(C) Whoever violates division (A)(3) of this section is~~	62823
~~guilty of a misdemeanor of the first degree.~~	62824

Sec. 4507.06. (A)(1) Every application for a driver's	62825
license or motorcycle operator's license or endorsement, or	62826
duplicate of any such license or endorsement, shall be made upon	62827
the approved form furnished by the registrar of motor vehicles and	62828
shall be signed by the applicant.	62829

Every application shall state the following:

62830

(a) The applicant's name, date of birth, social security	62831
number if such has been assigned, sex, general description,	62832
including height, weight, color of hair, and eyes, residence	62833
address, including county of residence, duration of residence in	62834
this state, and country of citizenship;	62835

(b) Whether the applicant previously has been licensed as an	62836
operator, chauffeur, driver, commercial driver, or motorcycle	62837
operator and, if so, when, by what state, and whether such license	62838
is suspended or canceled at the present time and, if so, the date	62839
of and reason for the suspension or cancellation;	62840

(c) Whether the applicant is now or ever has been afflicted	62841
with epilepsy, or whether the applicant now is suffering from any	62842
physical or mental disability or disease and, if so, the nature	62843
and extent of the disability or disease, giving the names and	62844
addresses of physicians then or previously in attendance upon the	62845
applicant;	62846

(d) Whether an applicant for a duplicate driver's license, or	62847
duplicate license containing a motorcycle operator endorsement has	62848
pending a citation for violation of any motor vehicle law or	62849
ordinance, a description of any such citation pending, and the	62850
date of the citation;	62851

(e) ~~Whether~~If an applicant has not certified the applicant's	62852
willingness to make an anatomical gift under section 2108.05 of	62853
the Revised Code, whether the applicant wishes to certify	62854
willingness to make such an anatomical gift ~~under section 2108.05~~	62855
~~of the Revised Code~~, which shall be given no consideration in the	62856
issuance of a license or endorsement;	62857

(f) Whether the applicant has executed a valid durable power	62858
of attorney for health care pursuant to sections 1337.11 to	62859
1337.17 of the Revised Code or has executed a declaration	62860
governing the use or continuation, or the withholding or	62861
withdrawal, of life-sustaining treatment pursuant to sections	62862
2133.01 to 2133.15 of the Revised Code and, if the applicant has	62863
executed either type of instrument, whether the applicant wishes	62864
the applicant's license to indicate that the applicant has	62865
executed the instrument;	62866

(g) On and after October 7, 2009, whether the applicant is a	62867
veteran, active duty, or reservist of the armed forces of the	62868
United States and, if the applicant is such, whether the applicant	62869
wishes the applicant's license to indicate that the applicant is a	62870
veteran, active duty, or reservist of the armed forces of the	62871
United States by a military designation on the license.	62872

(2) Every applicant for a driver's license shall be	62873
photographed in color at the time the application for the license	62874
is made. The application shall state any additional information	62875
that the registrar requires.	62876

(B) The registrar or a deputy registrar, in accordance with	62877
section 3503.11 of the Revised Code, shall register as an elector	62878
any person who applies for a driver's license or motorcycle	62879
operator's license or endorsement under division (A) of this	62880
section, or for a renewal or duplicate of the license or	62881
endorsement, if the applicant is eligible and wishes to be	62882
registered as an elector. The decision of an applicant whether to	62883
register as an elector shall be given no consideration in the	62884
decision of whether to issue the applicant a license or	62885
endorsement, or a renewal or duplicate.	62886

(C) The registrar or a deputy registrar, in accordance with	62887
section 3503.11 of the Revised Code, shall offer the opportunity	62888
of completing a notice of change of residence or change of name to	62889
any applicant for a driver's license or endorsement under division	62890
(A) of this section, or for a renewal or duplicate of the license	62891
or endorsement, if the applicant is a registered elector who has	62892
changed the applicant's residence or name and has not filed such a	62893
notice.	62894

(D) In addition to any other information it contains, on and	62895
after October 7, 2009, the approved form furnished by the	62896
registrar of motor vehicles for an application for a driver's	62897
license or motorcycle operator's license or endorsement or an	62898
application for a duplicate of any such license or endorsement	62899
shall inform applicants that the applicant must present a copy of	62900
the applicant's DD-214 or an equivalent document in order to	62901
qualify to have the license or duplicate indicate that the	62902
applicant is a veteran, active duty, or reservist of the armed	62903
forces of the United States based on a request made pursuant to	62904
division (A)(1)(g) of this section.	62905

Sec. 4507.51. (A)(1) Every application for an identification	62906
card or duplicate shall be made on a form furnished by the	62907
registrar of motor vehicles, shall be signed by the applicant, and	62908
by the applicant's parent or guardian if the applicant is under	62909
eighteen years of age, and shall contain the following information	62910
pertaining to the applicant: name, date of birth, sex, general	62911
description including the applicant's height, weight, hair color,	62912
and eye color, address, and social security number. The	62913
application also shall ~~state~~include, for an applicant who has not	62914
already certified the applicant's willingness to make an	62915
anatomical gift under section 2108.05 of the Revised Code, whether	62916
anthe applicant wishes to certify willingness to make such an	62917
anatomical gift ~~under section 2108.05 of the Revised Code~~ and	62918
shall include information about the requirements of sections	62919
2108.01 to 2108.29 of the Revised Code that apply to persons who	62920
are less than eighteen years of age. The statement regarding	62921
willingness to make such a donation shall be given no	62922
consideration in the decision of whether to issue an	62923
identification card. Each applicant shall be photographed in color	62924
at the time of making application.	62925

(2)(a) The application also shall state whether the applicant	62926
has executed a valid durable power of attorney for health care	62927
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	62928
executed a declaration governing the use or continuation, or the	62929
withholding or withdrawal, of life-sustaining treatment pursuant	62930
to sections 2133.01 to 2133.15 of the Revised Code and, if the	62931
applicant has executed either type of instrument, whether the	62932
applicant wishes the identification card issued to indicate that	62933
the applicant has executed the instrument.	62934

(b) On and after October 7, 2009, the application also shall	62935
state whether the applicant is a veteran, active duty, or	62936
reservist of the armed forces of the United States and, if the	62937
applicant is such, whether the applicant wishes the identification	62938
card issued to indicate that the applicant is a veteran, active	62939
duty, or reservist of the armed forces of the United States by a	62940
military designation on the identification card.	62941

(3) The registrar or deputy registrar, in accordance with	62942
section 3503.11 of the Revised Code, shall register as an elector	62943
any person who applies for an identification card or duplicate if	62944
the applicant is eligible and wishes to be registered as an	62945
elector. The decision of an applicant whether to register as an	62946
elector shall be given no consideration in the decision of whether	62947
to issue the applicant an identification card or duplicate.	62948

(B) The application for an identification card or duplicate	62949
shall be filed in the office of the registrar or deputy registrar.	62950
Each applicant shall present documentary evidence as required by	62951
the registrar of the applicant's age and identity, and the	62952
applicant shall swear that all information given is true. An	62953
identification card issued by the department of rehabilitation and	62954
correction under section 5120.59 of the Revised Code or an	62955
identification card issued by the department of youth services	62956
under section 5139.511 of the Revised Code shall be sufficient	62957
documentary evidence under this division upon verification of the	62958
applicant's social security number by the registrar or a deputy	62959
registrar. Upon issuing an identification card under this section	62960
for a person who has been issued an identification card under	62961
section 5120.59 or section 5139.511 of the Revised Code, the	62962
registrar or deputy registrar shall destroy the identification	62963
card issued under section 5120.59 or section 5139.511 of the	62964
Revised Code.	62965

All applications for an identification card or duplicate	62966
shall be filed in duplicate, and if submitted to a deputy	62967
registrar, a copy shall be forwarded to the registrar. The	62968
registrar shall prescribe rules for the manner in which a deputy	62969
registrar is to file and maintain applications and other records.	62970
The registrar shall maintain a suitable, indexed record of all	62971
applications denied and cards issued or canceled.	62972

(C) In addition to any other information it contains, on and	62973
after the date that is fifteen months after April 7, 2009, the	62974
form furnished by the registrar of motor vehicles for an	62975
application for an identification card or duplicate shall inform	62976
applicants that the applicant must present a copy of the	62977
applicant's DD-214 or an equivalent document in order to qualify	62978
to have the card or duplicate indicate that the applicant is an	62979
honorably discharged veteran of the armed forces of the United	62980
States based on a request made pursuant to division (A)(2)(b) of	62981
this section.	62982

Sec. 4510.038. (A) Any person whose driver's or commercial	62983
driver's license or permit is suspended or who is granted limited	62984
driving privileges under section 4510.037, under division (H) of	62985
section 4511.19, or under section 4510.07 of the Revised Code for	62986
a violation of a municipal ordinance that is substantially	62987
equivalent to division (B) of section 4511.19 of the Revised Code	62988
is not eligible to retain the license, or to have the driving	62989
privileges reinstated, until each of the following has occurred:	62990

(1) The person successfully completes a course of remedial	62991
driving instruction approved by the director of public safety. A	62992
minimum of twenty-five per cent of the number of hours of	62993
instruction included in the course shall be devoted to instruction	62994
on driver attitude.	62995

The course also shall devote a number of hours to instruction	62996
in the area of alcohol and drugs and the operation of vehicles.	62997
The instruction shall include, but not be limited to, a review of	62998
the laws governing the operation of a vehicle while under the	62999
influence of alcohol, drugs, or a combination of them, the dangers	63000
of operating a vehicle while under the influence of alcohol,	63001
drugs, or a combination of them, and other information relating to	63002
the operation of vehicles and the consumption of alcoholic	63003
beverages and use of drugs. The director, in consultation with the	63004
director of ~~alcohol and drug addiction services~~mental health and	63005
addiction services, shall prescribe the content of the	63006
instruction. The number of hours devoted to the area of alcohol	63007
and drugs and the operation of vehicles shall comprise a minimum	63008
of twenty-five per cent of the number of hours of instruction	63009
included in the course.	63010

(2) The person is examined in the manner provided for in	63011
section 4507.20 of the Revised Code, and found by the registrar of	63012
motor vehicles to be qualified to operate a motor vehicle;	63013

(3) The person gives and maintains proof of financial	63014
responsibility, in accordance with section 4509.45 of the Revised	63015
Code.	63016

(B)(1) Except as provided in division (B)(2) of this section,	63017
any course of remedial driving instruction the director of public	63018
safety approves under this section shall require its students to	63019
attend at least fifty per cent of the course in person and the	63020
director shall not approve any course of remedial driving	63021
instruction that permits its students to take more than fifty per	63022
cent of the course in any other manner, including via video	63023
teleconferencing or the internet.	63024

(2) The director may approve a course of remedial instruction	63025
that permits students to take the entire course via video	63026
teleconferencing or the internet.	63027

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	63028
devices that desires for its devices to be certified under section	63029
4510.43 of the Revised Code and then to be included on the list of	63030
certified devices that the department of public safety compiles	63031
and makes available to courts pursuant to that section first shall	63032
obtain a license from the department under this section. The	63033
department, in accordance with Chapter 119. of the Revised Code,	63034
shall adopt any rules that are necessary to implement this	63035
licensing requirement.	63036

(2) A manufacturer shall apply to the department for the	63037
license and shall include all information the department may	63038
require by rule. Each application, including an application for	63039
license renewal, shall be accompanied by an application fee of one	63040
hundred dollars, which the department shall deposit into the state	63041
treasury to the credit of the indigent drivers alcohol treatment	63042
fund created by section 4511.191 of the Revised Code.	63043

(3) Upon receipt of a completed application, if the	63044
department finds that a manufacturer has complied with all	63045
application requirements, the department shall issue a license to	63046
the manufacturer. A manufacturer that has been issued a license	63047
under this section is eligible immediately to have the models of	63048
ignition interlock devices it produces certified under section	63049
4510.43 of the Revised Code and then included on the list of	63050
certified devices that the department compiles and makes available	63051
to courts pursuant to that section.	63052

(4)(a) A license issued under this section shall expire	63053
annually on a date selected by the department. The department	63054
shall reject the license application of a manufacturer if any of	63055
the following apply:	63056

(i) The application is not accompanied by the application	63057
fee.	63058

(ii) The department finds that the manufacturer has not	63059
complied with all application requirements.	63060

(iii) The license application is a renewal application and	63061
the manufacturer failed to file the annual report or failed to pay	63062
the fee as required by division (B) of this section.	63063

(b) A manufacturer whose license application is rejected by	63064
the department may appeal the decision to the director of public	63065
safety. The director or the director's designee shall hold a	63066
hearing on the matter not more than thirty days from the date of	63067
the manufacturer's appeal. If the director or the director's	63068
designee upholds the denial of the manufacturer's application for	63069
a license, the manufacturer may appeal the decision to the	63070
Franklin county court of common pleas. If the director or the	63071
director's designee reverses the denial of the manufacturer's	63072
application for a license, the director or the director's designee	63073
shall issue a written order directing that the department issue a	63074
license to the manufacturer.	63075

(B) Every manufacturer of ignition interlock devices that is	63076
issued a license under this section shall file an annual report	63077
with the department on a form the department prescribes on or	63078
before a date the department prescribes. The annual report shall	63079
state the amount of net profit the manufacturer earned during a	63080
twelve-month period specified by the department that is	63081
attributable to the sales of that manufacturer's certified	63082
ignition interlock devices to purchasers in this state. Each	63083
manufacturer shall pay a fee equal to five per cent of the amount	63084
of the net profit described in this division.	63085

The department may permit annual reports to be filed via	63086
electronic means.	63087

(C) The department shall deposit all fees it receives from	63088
manufacturers under this section into the state treasury to the	63089
credit of the indigent drivers alcohol treatment fund created by	63090
section 4511.191 of the Revised Code. All money so deposited into	63091
that fund that is paid by the department of ~~alcohol and drug~~	63092
~~addiction services~~mental health and addiction services to county	63093
indigent drivers alcohol treatment funds, county juvenile indigent	63094
drivers alcohol treatment funds, and municipal indigent drivers	63095
alcohol treatment funds shall be used only as described in	63096
division (H)(3) of section 4511.191 of the Revised Code.	63097

(D)(1) The director may make an assessment, based on any	63098
information in the director's possession, against any manufacturer	63099
that fails to file an annual report or pay the fee required by	63100
division (B) of this section. The director, in accordance with	63101
Chapter 119. of the Revised Code, shall adopt rules governing	63102
assessments and assessment procedures and related provisions. In	63103
adopting these rules, the director shall incorporate the	63104
provisions of section 5751.09 of the Revised Code to the greatest	63105
extent possible, except that the director is not required to	63106
incorporate any provisions of that section that by their nature	63107
are not applicable, appropriate, or necessary to assessments made	63108
by the director under this section.	63109

(2) A manufacturer may appeal the final determination of the	63110
director regarding an assessment made by the director under this	63111
section. The director, in accordance with Chapter 119. of the	63112
Revised Code, shall adopt rules governing such appeals. In	63113
adopting these rules, the director shall incorporate the	63114
provisions of section 5717.02 of the Revised Code to the greatest	63115
extent possible, except that the director is not required to	63116
incorporate any provisions of that section that by their nature	63117
are not applicable, appropriate, or necessary to appeals of	63118
assessments made by the director under this section.	63119

(E) The director, in accordance with Chapter 119. of the	63120
Revised Code, shall adopt a penalty schedule setting forth the	63121
monetary penalties to be imposed upon a manufacturer that is	63122
issued a license under this section and fails to file an annual	63123
report or pay the fee required by division (B) of this section in	63124
a timely manner. The penalty amounts shall not exceed the maximum	63125
penalty amounts established in section 5751.06 of the Revised Code	63126
for similar or equivalent facts or circumstances.	63127

(F)(1) No manufacturer of ignition interlock devices that is	63128
required by division (B) of this section to file an annual report	63129
with the department or to pay a fee shall fail to do so as	63130
required by that division.	63131

(2) No manufacturer of ignition interlock devices that is	63132
required by division (B) of this section to file an annual report	63133
with the department shall file a report that contains incorrect or	63134
erroneous information.	63135

(G) Whoever violates division (F)(2) of this section is	63136
guilty of a misdemeanor of the first degree. The department shall	63137
remove from the list of certified devices described in division	63138
(A)(1) of this section the ignition interlock devices manufactured	63139
by a manufacturer that violates division (F)(1) or (2) of this	63140
section.	63141

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	63142
streetcar, or trackless trolley within this state, if, at the time	63143
of the operation, any of the following apply:	63144

(a) The person is under the influence of alcohol, a drug of	63145
abuse, or a combination of them.	63146

(b) The person has a concentration of eight-hundredths of one	63147
per cent or more but less than seventeen-hundredths of one per	63148
cent by weight per unit volume of alcohol in the person's whole	63149
blood.	63150

(c) The person has a concentration of ninety-six-thousandths	63151
of one per cent or more but less than two hundred four-thousandths	63152
of one per cent by weight per unit volume of alcohol in the	63153
person's blood serum or plasma.	63154

(d) The person has a concentration of eight-hundredths of one	63155
gram or more but less than seventeen-hundredths of one gram by	63156
weight of alcohol per two hundred ten liters of the person's	63157
breath.	63158

(e) The person has a concentration of eleven-hundredths of	63159
one gram or more but less than two hundred	63160
thirty-eight-thousandths of one gram by weight of alcohol per one	63161
hundred milliliters of the person's urine.	63162

(f) The person has a concentration of seventeen-hundredths of	63163
one per cent or more by weight per unit volume of alcohol in the	63164
person's whole blood.	63165

(g) The person has a concentration of two hundred	63166
four-thousandths of one per cent or more by weight per unit volume	63167
of alcohol in the person's blood serum or plasma.	63168

(h) The person has a concentration of seventeen-hundredths of	63169
one gram or more by weight of alcohol per two hundred ten liters	63170
of the person's breath.	63171

(i) The person has a concentration of two hundred	63172
thirty-eight-thousandths of one gram or more by weight of alcohol	63173
per one hundred milliliters of the person's urine.	63174

(j) Except as provided in division (K) of this section, the	63175
person has a concentration of any of the following controlled	63176
substances or metabolites of a controlled substance in the	63177
person's whole blood, blood serum or plasma, or urine that equals	63178
or exceeds any of the following:	63179

(i) The person has a concentration of amphetamine in the	63180
person's urine of at least five hundred nanograms of amphetamine	63181
per milliliter of the person's urine or has a concentration of	63182
amphetamine in the person's whole blood or blood serum or plasma	63183
of at least one hundred nanograms of amphetamine per milliliter of	63184
the person's whole blood or blood serum or plasma.	63185

(ii) The person has a concentration of cocaine in the	63186
person's urine of at least one hundred fifty nanograms of cocaine	63187
per milliliter of the person's urine or has a concentration of	63188
cocaine in the person's whole blood or blood serum or plasma of at	63189
least fifty nanograms of cocaine per milliliter of the person's	63190
whole blood or blood serum or plasma.	63191

(iii) The person has a concentration of cocaine metabolite in	63192
the person's urine of at least one hundred fifty nanograms of	63193
cocaine metabolite per milliliter of the person's urine or has a	63194
concentration of cocaine metabolite in the person's whole blood or	63195
blood serum or plasma of at least fifty nanograms of cocaine	63196
metabolite per milliliter of the person's whole blood or blood	63197
serum or plasma.	63198

(iv) The person has a concentration of heroin in the person's	63199
urine of at least two thousand nanograms of heroin per milliliter	63200
of the person's urine or has a concentration of heroin in the	63201
person's whole blood or blood serum or plasma of at least fifty	63202
nanograms of heroin per milliliter of the person's whole blood or	63203
blood serum or plasma.	63204

(v) The person has a concentration of heroin metabolite	63205
(6-monoacetyl morphine) in the person's urine of at least ten	63206
nanograms of heroin metabolite (6-monoacetyl morphine) per	63207
milliliter of the person's urine or has a concentration of heroin	63208
metabolite (6-monoacetyl morphine) in the person's whole blood or	63209
blood serum or plasma of at least ten nanograms of heroin	63210
metabolite (6-monoacetyl morphine) per milliliter of the person's	63211
whole blood or blood serum or plasma.	63212

(vi) The person has a concentration of L.S.D. in the person's	63213
urine of at least twenty-five nanograms of L.S.D. per milliliter	63214
of the person's urine or a concentration of L.S.D. in the person's	63215
whole blood or blood serum or plasma of at least ten nanograms of	63216
L.S.D. per milliliter of the person's whole blood or blood serum	63217
or plasma.	63218

(vii) The person has a concentration of marihuana in the	63219
person's urine of at least ten nanograms of marihuana per	63220
milliliter of the person's urine or has a concentration of	63221
marihuana in the person's whole blood or blood serum or plasma of	63222
at least two nanograms of marihuana per milliliter of the person's	63223
whole blood or blood serum or plasma.	63224

(viii) Either of the following applies:

63225

(I) The person is under the influence of alcohol, a drug of	63226
abuse, or a combination of them, and, as measured by gas	63227
chromatography mass spectrometry, the person has a concentration	63228
of marihuana metabolite in the person's urine of at least fifteen	63229
nanograms of marihuana metabolite per milliliter of the person's	63230
urine or has a concentration of marihuana metabolite in the	63231
person's whole blood or blood serum or plasma of at least five	63232
nanograms of marihuana metabolite per milliliter of the person's	63233
whole blood or blood serum or plasma.	63234

(II) As measured by gas chromatography mass spectrometry, the	63235
person has a concentration of marihuana metabolite in the person's	63236
urine of at least thirty-five nanograms of marihuana metabolite	63237
per milliliter of the person's urine or has a concentration of	63238
marihuana metabolite in the person's whole blood or blood serum or	63239
plasma of at least fifty nanograms of marihuana metabolite per	63240
milliliter of the person's whole blood or blood serum or plasma.	63241

(ix) The person has a concentration of methamphetamine in the	63242
person's urine of at least five hundred nanograms of	63243
methamphetamine per milliliter of the person's urine or has a	63244
concentration of methamphetamine in the person's whole blood or	63245
blood serum or plasma of at least one hundred nanograms of	63246
methamphetamine per milliliter of the person's whole blood or	63247
blood serum or plasma.	63248

(x) The person has a concentration of phencyclidine in the	63249
person's urine of at least twenty-five nanograms of phencyclidine	63250
per milliliter of the person's urine or has a concentration of	63251
phencyclidine in the person's whole blood or blood serum or plasma	63252
of at least ten nanograms of phencyclidine per milliliter of the	63253
person's whole blood or blood serum or plasma.	63254

(xi) The state board of pharmacy has adopted a rule pursuant	63255
to section 4729.041 of the Revised Code that specifies the amount	63256
of salvia divinorum and the amount of salvinorin A that constitute	63257
concentrations of salvia divinorum and salvinorin A in a person's	63258
urine, in a person's whole blood, or in a person's blood serum or	63259
plasma at or above which the person is impaired for purposes of	63260
operating any vehicle, streetcar, or trackless trolley within this	63261
state, the rule is in effect, and the person has a concentration	63262
of salvia divinorum or salvinorin A of at least that amount so	63263
specified by rule in the person's urine, in the person's whole	63264
blood, or in the person's blood serum or plasma.	63265

(2) No person who, within twenty years of the conduct	63266
described in division (A)(2)(a) of this section, previously has	63267
been convicted of or pleaded guilty to a violation of this	63268
division, a violation of division (A)(1) or (B) of this section,	63269
or any other equivalent offense shall do both of the following:	63270

(a) Operate any vehicle, streetcar, or trackless trolley	63271
within this state while under the influence of alcohol, a drug of	63272
abuse, or a combination of them;	63273

(b) Subsequent to being arrested for operating the vehicle,	63274
streetcar, or trackless trolley as described in division (A)(2)(a)	63275
of this section, being asked by a law enforcement officer to	63276
submit to a chemical test or tests under section 4511.191 of the	63277
Revised Code, and being advised by the officer in accordance with	63278
section 4511.192 of the Revised Code of the consequences of the	63279
person's refusal or submission to the test or tests, refuse to	63280
submit to the test or tests.	63281

(B) No person under twenty-one years of age shall operate any	63282
vehicle, streetcar, or trackless trolley within this state, if, at	63283
the time of the operation, any of the following apply:	63284

(1) The person has a concentration of at least two-hundredths	63285
of one per cent but less than eight-hundredths of one per cent by	63286
weight per unit volume of alcohol in the person's whole blood.	63287

(2) The person has a concentration of at least	63288
three-hundredths of one per cent but less than	63289
ninety-six-thousandths of one per cent by weight per unit volume	63290
of alcohol in the person's blood serum or plasma.	63291

(3) The person has a concentration of at least two-hundredths	63292
of one gram but less than eight-hundredths of one gram by weight	63293
of alcohol per two hundred ten liters of the person's breath.	63294

(4) The person has a concentration of at least twenty-eight	63295
one-thousandths of one gram but less than eleven-hundredths of one	63296
gram by weight of alcohol per one hundred milliliters of the	63297
person's urine.	63298

(C) In any proceeding arising out of one incident, a person	63299
may be charged with a violation of division (A)(1)(a) or (A)(2)	63300
and a violation of division (B)(1), (2), or (3) of this section,	63301
but the person may not be convicted of more than one violation of	63302
these divisions.	63303

(D)(1)(a) In any criminal prosecution or juvenile court	63304
proceeding for a violation of division (A)(1)(a) of this section	63305
or for an equivalent offense that is vehicle-related, the result	63306
of any test of any blood or urine withdrawn and analyzed at any	63307
health care provider, as defined in section 2317.02 of the Revised	63308
Code, may be admitted with expert testimony to be considered with	63309
any other relevant and competent evidence in determining the guilt	63310
or innocence of the defendant.	63311

(b) In any criminal prosecution or juvenile court proceeding	63312
for a violation of division (A) or (B) of this section or for an	63313
equivalent offense that is vehicle-related, the court may admit	63314
evidence on the concentration of alcohol, drugs of abuse,	63315
controlled substances, metabolites of a controlled substance, or a	63316
combination of them in the defendant's whole blood, blood serum or	63317
plasma, breath, urine, or other bodily substance at the time of	63318
the alleged violation as shown by chemical analysis of the	63319
substance withdrawn within three hours of the time of the alleged	63320
violation. The three-hour time limit specified in this division	63321
regarding the admission of evidence does not extend or affect the	63322
two-hour time limit specified in division (A) of section 4511.192	63323
of the Revised Code as the maximum period of time during which a	63324
person may consent to a chemical test or tests as described in	63325
that section. The court may admit evidence on the concentration of	63326
alcohol, drugs of abuse, or a combination of them as described in	63327
this division when a person submits to a blood, breath, urine, or	63328
other bodily substance test at the request of a law enforcement	63329
officer under section 4511.191 of the Revised Code or a blood or	63330
urine sample is obtained pursuant to a search warrant. Only a	63331
physician, a registered nurse, an emergency medical	63332
technician-intermediate, an emergency medical	63333
technician-paramedic, or a qualified technician, chemist, or	63334
phlebotomist shall withdraw a blood sample for the purpose of	63335
determining the alcohol, drug, controlled substance, metabolite of	63336
a controlled substance, or combination content of the whole blood,	63337
blood serum, or blood plasma. This limitation does not apply to	63338
the taking of breath or urine specimens. A person authorized to	63339
withdraw blood under this division may refuse to withdraw blood	63340
under this division, if in that person's opinion, the physical	63341
welfare of the person would be endangered by the withdrawing of	63342
blood.	63343

The bodily substance withdrawn under division (D)(1)(b) of	63344
this section shall be analyzed in accordance with methods approved	63345
by the director of health by an individual possessing a valid	63346
permit issued by the director pursuant to section 3701.143 of the	63347
Revised Code.	63348

(c) As used in division (D)(1)(b) of this section, "emergency	63349
medical technician-intermediate" and "emergency medical	63350
technician-paramedic" have the same meanings as in section 4765.01	63351
of the Revised Code.	63352

(2) In a criminal prosecution or juvenile court proceeding	63353
for a violation of division (A) of this section or for an	63354
equivalent offense that is vehicle-related, if there was at the	63355
time the bodily substance was withdrawn a concentration of less	63356
than the applicable concentration of alcohol specified in	63357
divisions (A)(1)(b), (c), (d), and (e) of this section or less	63358
than the applicable concentration of a listed controlled substance	63359
or a listed metabolite of a controlled substance specified for a	63360
violation of division (A)(1)(j) of this section, that fact may be	63361
considered with other competent evidence in determining the guilt	63362
or innocence of the defendant. This division does not limit or	63363
affect a criminal prosecution or juvenile court proceeding for a	63364
violation of division (B) of this section or for an equivalent	63365
offense that is substantially equivalent to that division.	63366

(3) Upon the request of the person who was tested, the	63367
results of the chemical test shall be made available to the person	63368
or the person's attorney, immediately upon the completion of the	63369
chemical test analysis.	63370

If the chemical test was obtained pursuant to division	63371
(D)(1)(b) of this section, the person tested may have a physician,	63372
a registered nurse, or a qualified technician, chemist, or	63373
phlebotomist of the person's own choosing administer a chemical	63374
test or tests, at the person's expense, in addition to any	63375
administered at the request of a law enforcement officer. If the	63376
person was under arrest as described in division (A)(5) of section	63377
4511.191 of the Revised Code, the arresting officer shall advise	63378
the person at the time of the arrest that the person may have an	63379
independent chemical test taken at the person's own expense. If	63380
the person was under arrest other than described in division	63381
(A)(5) of section 4511.191 of the Revised Code, the form to be	63382
read to the person to be tested, as required under section	63383
4511.192 of the Revised Code, shall state that the person may have	63384
an independent test performed at the person's expense. The failure	63385
or inability to obtain an additional chemical test by a person	63386
shall not preclude the admission of evidence relating to the	63387
chemical test or tests taken at the request of a law enforcement	63388
officer.	63389

(4)(a) As used in divisions (D)(4)(b) and (c) of this	63390
section, "national highway traffic safety administration" means	63391
the national highway traffic safety administration established as	63392
an administration of the United States department of	63393
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	63394

(b) In any criminal prosecution or juvenile court proceeding	63395
for a violation of division (A) or (B) of this section, of a	63396
municipal ordinance relating to operating a vehicle while under	63397
the influence of alcohol, a drug of abuse, or alcohol and a drug	63398
of abuse, or of a municipal ordinance relating to operating a	63399
vehicle with a prohibited concentration of alcohol, a controlled	63400
substance, or a metabolite of a controlled substance in the whole	63401
blood, blood serum or plasma, breath, or urine, if a law	63402
enforcement officer has administered a field sobriety test to the	63403
operator of the vehicle involved in the violation and if it is	63404
shown by clear and convincing evidence that the officer	63405
administered the test in substantial compliance with the testing	63406
standards for any reliable, credible, and generally accepted field	63407
sobriety tests that were in effect at the time the tests were	63408
administered, including, but not limited to, any testing standards	63409
then in effect that were set by the national highway traffic	63410
safety administration, all of the following apply:	63411

(i) The officer may testify concerning the results of the	63412
field sobriety test so administered.	63413

(ii) The prosecution may introduce the results of the field	63414
sobriety test so administered as evidence in any proceedings in	63415
the criminal prosecution or juvenile court proceeding.	63416

(iii) If testimony is presented or evidence is introduced	63417
under division (D)(4)(b)(i) or (ii) of this section and if the	63418
testimony or evidence is admissible under the Rules of Evidence,	63419
the court shall admit the testimony or evidence and the trier of	63420
fact shall give it whatever weight the trier of fact considers to	63421
be appropriate.	63422

(c) Division (D)(4)(b) of this section does not limit or	63423
preclude a court, in its determination of whether the arrest of a	63424
person was supported by probable cause or its determination of any	63425
other matter in a criminal prosecution or juvenile court	63426
proceeding of a type described in that division, from considering	63427
evidence or testimony that is not otherwise disallowed by division	63428
(D)(4)(b) of this section.	63429

(E)(1) Subject to division (E)(3) of this section, in any	63430
criminal prosecution or juvenile court proceeding for a violation	63431
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	63432
or (B)(1), (2), (3), or (4) of this section or for an equivalent	63433
offense that is substantially equivalent to any of those	63434
divisions, a laboratory report from any laboratory personnel	63435
issued a permit by the department of health authorizing an	63436
analysis as described in this division that contains an analysis	63437
of the whole blood, blood serum or plasma, breath, urine, or other	63438
bodily substance tested and that contains all of the information	63439
specified in this division shall be admitted as prima-facie	63440
evidence of the information and statements that the report	63441
contains. The laboratory report shall contain all of the	63442
following:	63443

(a) The signature, under oath, of any person who performed	63444
the analysis;	63445

(b) Any findings as to the identity and quantity of alcohol,	63446
a drug of abuse, a controlled substance, a metabolite of a	63447
controlled substance, or a combination of them that was found;	63448

(c) A copy of a notarized statement by the laboratory	63449
director or a designee of the director that contains the name of	63450
each certified analyst or test performer involved with the report,	63451
the analyst's or test performer's employment relationship with the	63452
laboratory that issued the report, and a notation that performing	63453
an analysis of the type involved is part of the analyst's or test	63454
performer's regular duties;	63455

(d) An outline of the analyst's or test performer's	63456
education, training, and experience in performing the type of	63457
analysis involved and a certification that the laboratory	63458
satisfies appropriate quality control standards in general and, in	63459
this particular analysis, under rules of the department of health.	63460

(2) Notwithstanding any other provision of law regarding the	63461
admission of evidence, a report of the type described in division	63462
(E)(1) of this section is not admissible against the defendant to	63463
whom it pertains in any proceeding, other than a preliminary	63464
hearing or a grand jury proceeding, unless the prosecutor has	63465
served a copy of the report on the defendant's attorney or, if the	63466
defendant has no attorney, on the defendant.	63467

(3) A report of the type described in division (E)(1) of this	63468
section shall not be prima-facie evidence of the contents,	63469
identity, or amount of any substance if, within seven days after	63470
the defendant to whom the report pertains or the defendant's	63471
attorney receives a copy of the report, the defendant or the	63472
defendant's attorney demands the testimony of the person who	63473
signed the report. The judge in the case may extend the seven-day	63474
time limit in the interest of justice.	63475

(F) Except as otherwise provided in this division, any	63476
physician, registered nurse, emergency medical	63477
technician-intermediate, emergency medical technician-paramedic,	63478
or qualified technician, chemist, or phlebotomist who withdraws	63479
blood from a person pursuant to this section or section 4511.191	63480
or 4511.192 of the Revised Code, and any hospital, first-aid	63481
station, or clinic at which blood is withdrawn from a person	63482
pursuant to this section or section 4511.191 or 4511.192 of the	63483
Revised Code, is immune from criminal liability and civil	63484
liability based upon a claim of assault and battery or any other	63485
claim that is not a claim of malpractice, for any act performed in	63486
withdrawing blood from the person. The immunity provided in this	63487
division also extends to an emergency medical service organization	63488
that employs an emergency medical technician-intermediate or	63489
emergency medical technician-paramedic who withdraws blood under	63490
this section. The immunity provided in this division is not	63491
available to a person who withdraws blood if the person engages in	63492
willful or wanton misconduct.	63493

As used in this division, "emergency medical	63494
technician-intermediate" and "emergency medical	63495
technician-paramedic" have the same meanings as in section 4765.01	63496
of the Revised Code.	63497

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	63498
to (i) or (A)(2) of this section is guilty of operating a vehicle	63499
under the influence of alcohol, a drug of abuse, or a combination	63500
of them. Whoever violates division (A)(1)(j) of this section is	63501
guilty of operating a vehicle while under the influence of a	63502
listed controlled substance or a listed metabolite of a controlled	63503
substance. The court shall sentence the offender for either	63504
offense under Chapter 2929. of the Revised Code, except as	63505
otherwise authorized or required by divisions (G)(1)(a) to (e) of	63506
this section:	63507

(a) Except as otherwise provided in division (G)(1)(b), (c),	63508
(d), or (e) of this section, the offender is guilty of a	63509
misdemeanor of the first degree, and the court shall sentence the	63510
offender to all of the following:	63511

(i) If the sentence is being imposed for a violation of	63512
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63513
mandatory jail term of three consecutive days. As used in this	63514
division, three consecutive days means seventy-two consecutive	63515
hours. The court may sentence an offender to both an intervention	63516
program and a jail term. The court may impose a jail term in	63517
addition to the three-day mandatory jail term or intervention	63518
program. However, in no case shall the cumulative jail term	63519
imposed for the offense exceed six months.	63520

The court may suspend the execution of the three-day jail	63521
term under this division if the court, in lieu of that suspended	63522
term, places the offender under a community control sanction	63523
pursuant to section 2929.25 of the Revised Code and requires the	63524
offender to attend, for three consecutive days, a drivers'	63525
intervention program certified under section ~~3793.10~~5119.38 of	63526
the Revised Code. The court also may suspend the execution of any	63527
part of the three-day jail term under this division if it places	63528
the offender under a community control sanction pursuant to	63529
section 2929.25 of the Revised Code for part of the three days,	63530
requires the offender to attend for the suspended part of the term	63531
a drivers' intervention program so certified, and sentences the	63532
offender to a jail term equal to the remainder of the three	63533
consecutive days that the offender does not spend attending the	63534
program. The court may require the offender, as a condition of	63535
community control and in addition to the required attendance at a	63536
drivers' intervention program, to attend and satisfactorily	63537
complete any treatment or education programs that comply with the	63538
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	63539
Revised Code by the director of ~~alcohol and drug addiction~~	63540
~~services~~mental health and addiction services that the operators	63541
of the drivers' intervention program determine that the offender	63542
should attend and to report periodically to the court on the	63543
offender's progress in the programs. The court also may impose on	63544
the offender any other conditions of community control that it	63545
considers necessary.	63546

(ii) If the sentence is being imposed for a violation of	63547
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63548
section, except as otherwise provided in this division, a	63549
mandatory jail term of at least three consecutive days and a	63550
requirement that the offender attend, for three consecutive days,	63551
a drivers' intervention program that is certified pursuant to	63552
section ~~3793.10~~5119.38 of the Revised Code. As used in this	63553
division, three consecutive days means seventy-two consecutive	63554
hours. If the court determines that the offender is not conducive	63555
to treatment in a drivers' intervention program, if the offender	63556
refuses to attend a drivers' intervention program, or if the jail	63557
at which the offender is to serve the jail term imposed can	63558
provide a driver's intervention program, the court shall sentence	63559
the offender to a mandatory jail term of at least six consecutive	63560
days.	63561

The court may require the offender, under a community control	63562
sanction imposed under section 2929.25 of the Revised Code, to	63563
attend and satisfactorily complete any treatment or education	63564
programs that comply with the minimum standards adopted pursuant	63565
to Chapter ~~3793.~~5119. of the Revised Code by the director of	63566
~~alcohol and drug addiction services~~mental health and addiction	63567
services, in addition to the required attendance at drivers'	63568
intervention program, that the operators of the drivers'	63569
intervention program determine that the offender should attend and	63570
to report periodically to the court on the offender's progress in	63571
the programs. The court also may impose any other conditions of	63572
community control on the offender that it considers necessary.	63573

(iii) In all cases, a fine of not less than three hundred	63574
seventy-five and not more than one thousand seventy-five dollars;	63575

(iv) In all cases, a class five license suspension of the	63576
offender's driver's or commercial driver's license or permit or	63577
nonresident operating privilege from the range specified in	63578
division (A)(5) of section 4510.02 of the Revised Code. The court	63579
may grant limited driving privileges relative to the suspension	63580
under sections 4510.021 and 4510.13 of the Revised Code.	63581

(b) Except as otherwise provided in division (G)(1)(e) of	63582
this section, an offender who, within six years of the offense,	63583
previously has been convicted of or pleaded guilty to one	63584
violation of division (A) or (B) of this section or one other	63585
equivalent offense is guilty of a misdemeanor of the first degree.	63586
The court shall sentence the offender to all of the following:	63587

(i) If the sentence is being imposed for a violation of	63588
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63589
mandatory jail term of ten consecutive days. The court shall	63590
impose the ten-day mandatory jail term under this division unless,	63591
subject to division (G)(3) of this section, it instead imposes a	63592
sentence under that division consisting of both a jail term and a	63593
term of house arrest with electronic monitoring, with continuous	63594
alcohol monitoring, or with both electronic monitoring and	63595
continuous alcohol monitoring. The court may impose a jail term in	63596
addition to the ten-day mandatory jail term. The cumulative jail	63597
term imposed for the offense shall not exceed six months.	63598

In addition to the jail term or the term of house arrest with	63599
electronic monitoring or continuous alcohol monitoring or both	63600
types of monitoring and jail term, the court shall require the	63601
offender to be assessed by ~~an alcohol and drug treatment program~~a	63602
community addiction services provider that is authorized by	63603
section ~~3793.02~~5119.21 of the Revised Code, subject to division	63604
(I) of this section, and shall order the offender to follow the	63605
treatment recommendations of the ~~program~~services provider. The	63606
purpose of the assessment is to determine the degree of the	63607
offender's alcohol usage and to determine whether or not treatment	63608
is warranted. Upon the request of the court, the ~~program~~services	63609
provider shall submit the results of the assessment to the court,	63610
including all treatment recommendations and clinical diagnoses	63611
related to alcohol use.	63612

(ii) If the sentence is being imposed for a violation of	63613
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63614
section, except as otherwise provided in this division, a	63615
mandatory jail term of twenty consecutive days. The court shall	63616
impose the twenty-day mandatory jail term under this division	63617
unless, subject to division (G)(3) of this section, it instead	63618
imposes a sentence under that division consisting of both a jail	63619
term and a term of house arrest with electronic monitoring, with	63620
continuous alcohol monitoring, or with both electronic monitoring	63621
and continuous alcohol monitoring. The court may impose a jail	63622
term in addition to the twenty-day mandatory jail term. The	63623
cumulative jail term imposed for the offense shall not exceed six	63624
months.	63625

In addition to the jail term or the term of house arrest with	63626
electronic monitoring or continuous alcohol monitoring or both	63627
types of monitoring and jail term, the court shall require the	63628
offender to be assessed by ~~an alcohol and drug treatment program~~a	63629
community addiction service provider that is authorized by section	63630
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	63631
this section, and shall order the offender to follow the treatment	63632
recommendations of the ~~program~~services provider. The purpose of	63633
the assessment is to determine the degree of the offender's	63634
alcohol usage and to determine whether or not treatment is	63635
warranted. Upon the request of the court, the ~~program~~services	63636
provider shall submit the results of the assessment to the court,	63637
including all treatment recommendations and clinical diagnoses	63638
related to alcohol use.	63639

(iii) In all cases, notwithstanding the fines set forth in	63640
Chapter 2929. of the Revised Code, a fine of not less than five	63641
hundred twenty-five and not more than one thousand six hundred	63642
twenty-five dollars;	63643

(iv) In all cases, a class four license suspension of the	63644
offender's driver's license, commercial driver's license,	63645
temporary instruction permit, probationary license, or nonresident	63646
operating privilege from the range specified in division (A)(4) of	63647
section 4510.02 of the Revised Code. The court may grant limited	63648
driving privileges relative to the suspension under sections	63649
4510.021 and 4510.13 of the Revised Code.	63650

(v) In all cases, if the vehicle is registered in the	63651
offender's name, immobilization of the vehicle involved in the	63652
offense for ninety days in accordance with section 4503.233 of the	63653
Revised Code and impoundment of the license plates of that vehicle	63654
for ninety days.	63655

(c) Except as otherwise provided in division (G)(1)(e) of	63656
this section, an offender who, within six years of the offense,	63657
previously has been convicted of or pleaded guilty to two	63658
violations of division (A) or (B) of this section or other	63659
equivalent offenses is guilty of a misdemeanor. The court shall	63660
sentence the offender to all of the following:	63661

(i) If the sentence is being imposed for a violation of	63662
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63663
mandatory jail term of thirty consecutive days. The court shall	63664
impose the thirty-day mandatory jail term under this division	63665
unless, subject to division (G)(3) of this section, it instead	63666
imposes a sentence under that division consisting of both a jail	63667
term and a term of house arrest with electronic monitoring, with	63668
continuous alcohol monitoring, or with both electronic monitoring	63669
and continuous alcohol monitoring. The court may impose a jail	63670
term in addition to the thirty-day mandatory jail term.	63671
Notwithstanding the jail terms set forth in sections 2929.21 to	63672
2929.28 of the Revised Code, the additional jail term shall not	63673
exceed one year, and the cumulative jail term imposed for the	63674
offense shall not exceed one year.	63675

(ii) If the sentence is being imposed for a violation of	63676
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63677
section, a mandatory jail term of sixty consecutive days. The	63678
court shall impose the sixty-day mandatory jail term under this	63679
division unless, subject to division (G)(3) of this section, it	63680
instead imposes a sentence under that division consisting of both	63681
a jail term and a term of house arrest with electronic monitoring,	63682
with continuous alcohol monitoring, or with both electronic	63683
monitoring and continuous alcohol monitoring. The court may impose	63684
a jail term in addition to the sixty-day mandatory jail term.	63685
Notwithstanding the jail terms set forth in sections 2929.21 to	63686
2929.28 of the Revised Code, the additional jail term shall not	63687
exceed one year, and the cumulative jail term imposed for the	63688
offense shall not exceed one year.	63689

(iii) In all cases, notwithstanding the fines set forth in	63690
Chapter 2929. of the Revised Code, a fine of not less than eight	63691
hundred fifty and not more than two thousand seven hundred fifty	63692
dollars;	63693

(iv) In all cases, a class three license suspension of the	63694
offender's driver's license, commercial driver's license,	63695
temporary instruction permit, probationary license, or nonresident	63696
operating privilege from the range specified in division (A)(3) of	63697
section 4510.02 of the Revised Code. The court may grant limited	63698
driving privileges relative to the suspension under sections	63699
4510.021 and 4510.13 of the Revised Code.	63700

(v) In all cases, if the vehicle is registered in the	63701
offender's name, criminal forfeiture of the vehicle involved in	63702
the offense in accordance with section 4503.234 of the Revised	63703
Code. Division (G)(6) of this section applies regarding any	63704
vehicle that is subject to an order of criminal forfeiture under	63705
this division.	63706

(vi) In all cases, the court shall order the offender to	63707
participate ~~in an alcohol and drug~~with a community addiction	63708
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	63709
the Revised Code, subject to division (I) of this section, and	63710
shall order the offender to follow the treatment recommendations	63711
of the ~~program~~services provider. The operator of the ~~program~~	63712
services provider shall determine and assess the degree of the	63713
offender's alcohol dependency and shall make recommendations for	63714
treatment. Upon the request of the court, the ~~program~~services	63715
provider shall submit the results of the assessment to the court,	63716
including all treatment recommendations and clinical diagnoses	63717
related to alcohol use.	63718

(d) Except as otherwise provided in division (G)(1)(e) of	63719
this section, an offender who, within six years of the offense,	63720
previously has been convicted of or pleaded guilty to three or	63721
four violations of division (A) or (B) of this section or other	63722
equivalent offenses or an offender who, within twenty years of the	63723
offense, previously has been convicted of or pleaded guilty to	63724
five or more violations of that nature is guilty of a felony of	63725
the fourth degree. The court shall sentence the offender to all of	63726
the following:	63727

(i) If the sentence is being imposed for a violation of	63728
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63729
mandatory prison term of one, two, three, four, or five years as	63730
required by and in accordance with division (G)(2) of section	63731
2929.13 of the Revised Code if the offender also is convicted of	63732
or also pleads guilty to a specification of the type described in	63733
section 2941.1413 of the Revised Code or, in the discretion of the	63734
court, either a mandatory term of local incarceration of sixty	63735
consecutive days in accordance with division (G)(1) of section	63736
2929.13 of the Revised Code or a mandatory prison term of sixty	63737
consecutive days in accordance with division (G)(2) of that	63738
section if the offender is not convicted of and does not plead	63739
guilty to a specification of that type. If the court imposes a	63740
mandatory term of local incarceration, it may impose a jail term	63741
in addition to the sixty-day mandatory term, the cumulative total	63742
of the mandatory term and the jail term for the offense shall not	63743
exceed one year, and, except as provided in division (A)(1) of	63744
section 2929.13 of the Revised Code, no prison term is authorized	63745
for the offense. If the court imposes a mandatory prison term,	63746
notwithstanding division (A)(4) of section 2929.14 of the Revised	63747
Code, it also may sentence the offender to a definite prison term	63748
that shall be not less than six months and not more than thirty	63749
months and the prison terms shall be imposed as described in	63750
division (G)(2) of section 2929.13 of the Revised Code. If the	63751
court imposes a mandatory prison term or mandatory prison term and	63752
additional prison term, in addition to the term or terms so	63753
imposed, the court also may sentence the offender to a community	63754
control sanction for the offense, but the offender shall serve all	63755
of the prison terms so imposed prior to serving the community	63756
control sanction.	63757

(ii) If the sentence is being imposed for a violation of	63758
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63759
section, a mandatory prison term of one, two, three, four, or five	63760
years as required by and in accordance with division (G)(2) of	63761
section 2929.13 of the Revised Code if the offender also is	63762
convicted of or also pleads guilty to a specification of the type	63763
described in section 2941.1413 of the Revised Code or, in the	63764
discretion of the court, either a mandatory term of local	63765
incarceration of one hundred twenty consecutive days in accordance	63766
with division (G)(1) of section 2929.13 of the Revised Code or a	63767
mandatory prison term of one hundred twenty consecutive days in	63768
accordance with division (G)(2) of that section if the offender is	63769
not convicted of and does not plead guilty to a specification of	63770
that type. If the court imposes a mandatory term of local	63771
incarceration, it may impose a jail term in addition to the one	63772
hundred twenty-day mandatory term, the cumulative total of the	63773
mandatory term and the jail term for the offense shall not exceed	63774
one year, and, except as provided in division (A)(1) of section	63775
2929.13 of the Revised Code, no prison term is authorized for the	63776
offense. If the court imposes a mandatory prison term,	63777
notwithstanding division (A)(4) of section 2929.14 of the Revised	63778
Code, it also may sentence the offender to a definite prison term	63779
that shall be not less than six months and not more than thirty	63780
months and the prison terms shall be imposed as described in	63781
division (G)(2) of section 2929.13 of the Revised Code. If the	63782
court imposes a mandatory prison term or mandatory prison term and	63783
additional prison term, in addition to the term or terms so	63784
imposed, the court also may sentence the offender to a community	63785
control sanction for the offense, but the offender shall serve all	63786
of the prison terms so imposed prior to serving the community	63787
control sanction.	63788

(iii) In all cases, notwithstanding section 2929.18 of the	63789
Revised Code, a fine of not less than one thousand three hundred	63790
fifty nor more than ten thousand five hundred dollars;	63791

(iv) In all cases, a class two license suspension of the	63792
offender's driver's license, commercial driver's license,	63793
temporary instruction permit, probationary license, or nonresident	63794
operating privilege from the range specified in division (A)(2) of	63795
section 4510.02 of the Revised Code. The court may grant limited	63796
driving privileges relative to the suspension under sections	63797
4510.021 and 4510.13 of the Revised Code.	63798

(v) In all cases, if the vehicle is registered in the	63799
offender's name, criminal forfeiture of the vehicle involved in	63800
the offense in accordance with section 4503.234 of the Revised	63801
Code. Division (G)(6) of this section applies regarding any	63802
vehicle that is subject to an order of criminal forfeiture under	63803
this division.	63804

(vi) In all cases, the court shall order the offender to	63805
participate ~~in an alcohol and drug~~with a community addiction	63806
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	63807
the Revised Code, subject to division (I) of this section, and	63808
shall order the offender to follow the treatment recommendations	63809
of the ~~program~~services provider. The operator of the ~~program~~	63810
services provider shall determine and assess the degree of the	63811
offender's alcohol dependency and shall make recommendations for	63812
treatment. Upon the request of the court, the ~~program~~services	63813
provider shall submit the results of the assessment to the court,	63814
including all treatment recommendations and clinical diagnoses	63815
related to alcohol use.	63816

(vii) In all cases, if the court sentences the offender to a	63817
mandatory term of local incarceration, in addition to the	63818
mandatory term, the court, pursuant to section 2929.17 of the	63819
Revised Code, may impose a term of house arrest with electronic	63820
monitoring. The term shall not commence until after the offender	63821
has served the mandatory term of local incarceration.	63822

(e) An offender who previously has been convicted of or	63823
pleaded guilty to a violation of division (A) of this section that	63824
was a felony, regardless of when the violation and the conviction	63825
or guilty plea occurred, is guilty of a felony of the third	63826
degree. The court shall sentence the offender to all of the	63827
following:	63828

(i) If the offender is being sentenced for a violation of	63829
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63830
mandatory prison term of one, two, three, four, or five years as	63831
required by and in accordance with division (G)(2) of section	63832
2929.13 of the Revised Code if the offender also is convicted of	63833
or also pleads guilty to a specification of the type described in	63834
section 2941.1413 of the Revised Code or a mandatory prison term	63835
of sixty consecutive days in accordance with division (G)(2) of	63836
section 2929.13 of the Revised Code if the offender is not	63837
convicted of and does not plead guilty to a specification of that	63838
type. The court may impose a prison term in addition to the	63839
mandatory prison term. The cumulative total of a sixty-day	63840
mandatory prison term and the additional prison term for the	63841
offense shall not exceed five years. In addition to the mandatory	63842
prison term or mandatory prison term and additional prison term	63843
the court imposes, the court also may sentence the offender to a	63844
community control sanction for the offense, but the offender shall	63845
serve all of the prison terms so imposed prior to serving the	63846
community control sanction.	63847

(ii) If the sentence is being imposed for a violation of	63848
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63849
section, a mandatory prison term of one, two, three, four, or five	63850
years as required by and in accordance with division (G)(2) of	63851
section 2929.13 of the Revised Code if the offender also is	63852
convicted of or also pleads guilty to a specification of the type	63853
described in section 2941.1413 of the Revised Code or a mandatory	63854
prison term of one hundred twenty consecutive days in accordance	63855
with division (G)(2) of section 2929.13 of the Revised Code if the	63856
offender is not convicted of and does not plead guilty to a	63857
specification of that type. The court may impose a prison term in	63858
addition to the mandatory prison term. The cumulative total of a	63859
one hundred twenty-day mandatory prison term and the additional	63860
prison term for the offense shall not exceed five years. In	63861
addition to the mandatory prison term or mandatory prison term and	63862
additional prison term the court imposes, the court also may	63863
sentence the offender to a community control sanction for the	63864
offense, but the offender shall serve all of the prison terms so	63865
imposed prior to serving the community control sanction.	63866

(iii) In all cases, notwithstanding section 2929.18 of the	63867
Revised Code, a fine of not less than one thousand three hundred	63868
fifty nor more than ten thousand five hundred dollars;	63869

(iv) In all cases, a class two license suspension of the	63870
offender's driver's license, commercial driver's license,	63871
temporary instruction permit, probationary license, or nonresident	63872
operating privilege from the range specified in division (A)(2) of	63873
section 4510.02 of the Revised Code. The court may grant limited	63874
driving privileges relative to the suspension under sections	63875
4510.021 and 4510.13 of the Revised Code.	63876

(v) In all cases, if the vehicle is registered in the	63877
offender's name, criminal forfeiture of the vehicle involved in	63878
the offense in accordance with section 4503.234 of the Revised	63879
Code. Division (G)(6) of this section applies regarding any	63880
vehicle that is subject to an order of criminal forfeiture under	63881
this division.	63882

(vi) In all cases, the court shall order the offender to	63883
participate ~~in an alcohol and drug~~with a community addiction	63884
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	63885
the Revised Code, subject to division (I) of this section, and	63886
shall order the offender to follow the treatment recommendations	63887
of the ~~program~~services provider. The operator of the ~~program~~	63888
services provider shall determine and assess the degree of the	63889
offender's alcohol dependency and shall make recommendations for	63890
treatment. Upon the request of the court, the ~~program~~services	63891
provider shall submit the results of the assessment to the court,	63892
including all treatment recommendations and clinical diagnoses	63893
related to alcohol use.	63894

(2) An offender who is convicted of or pleads guilty to a	63895
violation of division (A) of this section and who subsequently	63896
seeks reinstatement of the driver's or occupational driver's	63897
license or permit or nonresident operating privilege suspended	63898
under this section as a result of the conviction or guilty plea	63899
shall pay a reinstatement fee as provided in division (F)(2) of	63900
section 4511.191 of the Revised Code.	63901

(3) If an offender is sentenced to a jail term under division	63902
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	63903
if, within sixty days of sentencing of the offender, the court	63904
issues a written finding on the record that, due to the	63905
unavailability of space at the jail where the offender is required	63906
to serve the term, the offender will not be able to begin serving	63907
that term within the sixty-day period following the date of	63908
sentencing, the court may impose an alternative sentence under	63909
this division that includes a term of house arrest with electronic	63910
monitoring, with continuous alcohol monitoring, or with both	63911
electronic monitoring and continuous alcohol monitoring.	63912

As an alternative to a mandatory jail term of ten consecutive	63913
days required by division (G)(1)(b)(i) of this section, the court,	63914
under this division, may sentence the offender to five consecutive	63915
days in jail and not less than eighteen consecutive days of house	63916
arrest with electronic monitoring, with continuous alcohol	63917
monitoring, or with both electronic monitoring and continuous	63918
alcohol monitoring. The cumulative total of the five consecutive	63919
days in jail and the period of house arrest with electronic	63920
monitoring, continuous alcohol monitoring, or both types of	63921
monitoring shall not exceed six months. The five consecutive days	63922
in jail do not have to be served prior to or consecutively to the	63923
period of house arrest.	63924

As an alternative to the mandatory jail term of twenty	63925
consecutive days required by division (G)(1)(b)(ii) of this	63926
section, the court, under this division, may sentence the offender	63927
to ten consecutive days in jail and not less than thirty-six	63928
consecutive days of house arrest with electronic monitoring, with	63929
continuous alcohol monitoring, or with both electronic monitoring	63930
and continuous alcohol monitoring. The cumulative total of the ten	63931
consecutive days in jail and the period of house arrest with	63932
electronic monitoring, continuous alcohol monitoring, or both	63933
types of monitoring shall not exceed six months. The ten	63934
consecutive days in jail do not have to be served prior to or	63935
consecutively to the period of house arrest.	63936

As an alternative to a mandatory jail term of thirty	63937
consecutive days required by division (G)(1)(c)(i) of this	63938
section, the court, under this division, may sentence the offender	63939
to fifteen consecutive days in jail and not less than fifty-five	63940
consecutive days of house arrest with electronic monitoring, with	63941
continuous alcohol monitoring, or with both electronic monitoring	63942
and continuous alcohol monitoring. The cumulative total of the	63943
fifteen consecutive days in jail and the period of house arrest	63944
with electronic monitoring, continuous alcohol monitoring, or both	63945
types of monitoring shall not exceed one year. The fifteen	63946
consecutive days in jail do not have to be served prior to or	63947
consecutively to the period of house arrest.	63948

As an alternative to the mandatory jail term of sixty	63949
consecutive days required by division (G)(1)(c)(ii) of this	63950
section, the court, under this division, may sentence the offender	63951
to thirty consecutive days in jail and not less than one hundred	63952
ten consecutive days of house arrest with electronic monitoring,	63953
with continuous alcohol monitoring, or with both electronic	63954
monitoring and continuous alcohol monitoring. The cumulative total	63955
of the thirty consecutive days in jail and the period of house	63956
arrest with electronic monitoring, continuous alcohol monitoring,	63957
or both types of monitoring shall not exceed one year. The thirty	63958
consecutive days in jail do not have to be served prior to or	63959
consecutively to the period of house arrest.	63960

(4) If an offender's driver's or occupational driver's	63961
license or permit or nonresident operating privilege is suspended	63962
under division (G) of this section and if section 4510.13 of the	63963
Revised Code permits the court to grant limited driving	63964
privileges, the court may grant the limited driving privileges in	63965
accordance with that section. If division (A)(7) of that section	63966
requires that the court impose as a condition of the privileges	63967
that the offender must display on the vehicle that is driven	63968
subject to the privileges restricted license plates that are	63969
issued under section 4503.231 of the Revised Code, except as	63970
provided in division (B) of that section, the court shall impose	63971
that condition as one of the conditions of the limited driving	63972
privileges granted to the offender, except as provided in division	63973
(B) of section 4503.231 of the Revised Code.	63974

(5) Fines imposed under this section for a violation of	63975
division (A) of this section shall be distributed as follows:	63976

(a) Twenty-five dollars of the fine imposed under division	63977
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	63978
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	63979
fine imposed under division (G)(1)(c)(iii), and two hundred ten	63980
dollars of the fine imposed under division (G)(1)(d)(iii) or	63981
(e)(iii) of this section shall be paid to an enforcement and	63982
education fund established by the legislative authority of the law	63983
enforcement agency in this state that primarily was responsible	63984
for the arrest of the offender, as determined by the court that	63985
imposes the fine. The agency shall use this share to pay only	63986
those costs it incurs in enforcing this section or a municipal OVI	63987
ordinance and in informing the public of the laws governing the	63988
operation of a vehicle while under the influence of alcohol, the	63989
dangers of the operation of a vehicle under the influence of	63990
alcohol, and other information relating to the operation of a	63991
vehicle under the influence of alcohol and the consumption of	63992
alcoholic beverages.	63993

(b) Fifty dollars of the fine imposed under division	63994
(G)(1)(a)(iii) of this section shall be paid to the political	63995
subdivision that pays the cost of housing the offender during the	63996
offender's term of incarceration. If the offender is being	63997
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	63998
(e), or (j) of this section and was confined as a result of the	63999
offense prior to being sentenced for the offense but is not	64000
sentenced to a term of incarceration, the fifty dollars shall be	64001
paid to the political subdivision that paid the cost of housing	64002
the offender during that period of confinement. The political	64003
subdivision shall use the share under this division to pay or	64004
reimburse incarceration or treatment costs it incurs in housing or	64005
providing drug and alcohol treatment to persons who violate this	64006
section or a municipal OVI ordinance, costs of any immobilizing or	64007
disabling device used on the offender's vehicle, and costs of	64008
electronic house arrest equipment needed for persons who violate	64009
this section.	64010

(c) Twenty-five dollars of the fine imposed under division	64011
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	64012
division (G)(1)(b)(iii) of this section shall be deposited into	64013
the county or municipal indigent drivers' alcohol treatment fund	64014
under the control of that court, as created by the county or	64015
municipal corporation under division (F) of section 4511.191 of	64016
the Revised Code.	64017

(d) One hundred fifteen dollars of the fine imposed under	64018
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	64019
fine imposed under division (G)(1)(c)(iii), and four hundred forty	64020
dollars of the fine imposed under division (G)(1)(d)(iii) or	64021
(e)(iii) of this section shall be paid to the political	64022
subdivision that pays the cost of housing the offender during the	64023
offender's term of incarceration. The political subdivision shall	64024
use this share to pay or reimburse incarceration or treatment	64025
costs it incurs in housing or providing drug and alcohol treatment	64026
to persons who violate this section or a municipal OVI ordinance,	64027
costs for any immobilizing or disabling device used on the	64028
offender's vehicle, and costs of electronic house arrest equipment	64029
needed for persons who violate this section.	64030

(e) Fifty dollars of the fine imposed under divisions	64031
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	64032
and (G)(1)(e)(iii) of this section shall be deposited into the	64033
special projects fund of the court in which the offender was	64034
convicted and that is established under division (E)(1) of section	64035
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	64036
of section 1907.24 of the Revised Code, to be used exclusively to	64037
cover the cost of immobilizing or disabling devices, including	64038
certified ignition interlock devices, and remote alcohol	64039
monitoring devices for indigent offenders who are required by a	64040
judge to use either of these devices. If the court in which the	64041
offender was convicted does not have a special projects fund that	64042
is established under division (E)(1) of section 2303.201, division	64043
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	64044
of the Revised Code, the fifty dollars shall be deposited into the	64045
indigent drivers interlock and alcohol monitoring fund under	64046
division (I) of section 4511.191 of the Revised Code.	64047

(f) Seventy-five dollars of the fine imposed under division	64048
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	64049
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	64050
of the fine imposed under division (G)(1)(c)(iii), and five	64051
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	64052
or (e)(iii) of this section shall be transmitted to the treasurer	64053
of state for deposit into the indigent defense support fund	64054
established under section 120.08 of the Revised Code.	64055

(g) The balance of the fine imposed under division	64056
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	64057
section shall be disbursed as otherwise provided by law.	64058

(6) If title to a motor vehicle that is subject to an order	64059
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	64060
this section is assigned or transferred and division (B)(2) or (3)	64061
of section 4503.234 of the Revised Code applies, in addition to or	64062
independent of any other penalty established by law, the court may	64063
fine the offender the value of the vehicle as determined by	64064
publications of the national automobile dealers association. The	64065
proceeds of any fine so imposed shall be distributed in accordance	64066
with division (C)(2) of that section.	64067

(7) In all cases in which an offender is sentenced under	64068
division (G) of this section, the offender shall provide the court	64069
with proof of financial responsibility as defined in section	64070
4509.01 of the Revised Code. If the offender fails to provide that	64071
proof of financial responsibility, the court, in addition to any	64072
other penalties provided by law, may order restitution pursuant to	64073
section 2929.18 or 2929.28 of the Revised Code in an amount not	64074
exceeding five thousand dollars for any economic loss arising from	64075
an accident or collision that was the direct and proximate result	64076
of the offender's operation of the vehicle before, during, or	64077
after committing the offense for which the offender is sentenced	64078
under division (G) of this section.	64079

(8) As used in division (G) of this section, "electronic	64080
monitoring," "mandatory prison term," and "mandatory term of local	64081
incarceration" have the same meanings as in section 2929.01 of the	64082
Revised Code.	64083

(H) Whoever violates division (B) of this section is guilty	64084
of operating a vehicle after underage alcohol consumption and	64085
shall be punished as follows:	64086

(1) Except as otherwise provided in division (H)(2) of this	64087
section, the offender is guilty of a misdemeanor of the fourth	64088
degree. In addition to any other sanction imposed for the offense,	64089
the court shall impose a class six suspension of the offender's	64090
driver's license, commercial driver's license, temporary	64091
instruction permit, probationary license, or nonresident operating	64092
privilege from the range specified in division (A)(6) of section	64093
4510.02 of the Revised Code.	64094

(2) If, within one year of the offense, the offender	64095
previously has been convicted of or pleaded guilty to one or more	64096
violations of division (A) or (B) of this section or other	64097
equivalent offenses, the offender is guilty of a misdemeanor of	64098
the third degree. In addition to any other sanction imposed for	64099
the offense, the court shall impose a class four suspension of the	64100
offender's driver's license, commercial driver's license,	64101
temporary instruction permit, probationary license, or nonresident	64102
operating privilege from the range specified in division (A)(4) of	64103
section 4510.02 of the Revised Code.	64104

(3) If the offender also is convicted of or also pleads	64105
guilty to a specification of the type described in section	64106
2941.1416 of the Revised Code and if the court imposes a jail term	64107
for the violation of division (B) of this section, the court shall	64108
impose upon the offender an additional definite jail term pursuant	64109
to division (E) of section 2929.24 of the Revised Code.	64110

(4) The offender shall provide the court with proof of	64111
financial responsibility as defined in section 4509.01 of the	64112
Revised Code. If the offender fails to provide that proof of	64113
financial responsibility, then, in addition to any other penalties	64114
provided by law, the court may order restitution pursuant to	64115
section 2929.28 of the Revised Code in an amount not exceeding	64116
five thousand dollars for any economic loss arising from an	64117
accident or collision that was the direct and proximate result of	64118
the offender's operation of the vehicle before, during, or after	64119
committing the violation of division (B) of this section.	64120

(I)(1) No court shall sentence an offender to an alcohol	64121
treatment program under this section unless the treatment program	64122
complies with the minimum standards for alcohol treatment programs	64123
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	64124
director of ~~alcohol and drug addiction services~~mental health and	64125
addiction services.	64126

(2) An offender who stays in a drivers' intervention program	64127
or in an alcohol treatment program under an order issued under	64128
this section shall pay the cost of the stay in the program.	64129
However, if the court determines that an offender who stays in an	64130
alcohol treatment program under an order issued under this section	64131
is unable to pay the cost of the stay in the program, the court	64132
may order that the cost be paid from the court's indigent drivers'	64133
alcohol treatment fund.	64134

(J) If a person whose driver's or commercial driver's license	64135
or permit or nonresident operating privilege is suspended under	64136
this section files an appeal regarding any aspect of the person's	64137
trial or sentence, the appeal itself does not stay the operation	64138
of the suspension.	64139

(K) Division (A)(1)(j) of this section does not apply to a	64140
person who operates a vehicle, streetcar, or trackless trolley	64141
while the person has a concentration of a listed controlled	64142
substance or a listed metabolite of a controlled substance in the	64143
person's whole blood, blood serum or plasma, or urine that equals	64144
or exceeds the amount specified in that division, if both of the	64145
following apply:	64146

(1) The person obtained the controlled substance pursuant to	64147
a prescription issued by a licensed health professional authorized	64148
to prescribe drugs.	64149

(2) The person injected, ingested, or inhaled the controlled	64150
substance in accordance with the health professional's directions.	64151

(L) The prohibited concentrations of a controlled substance	64152
or a metabolite of a controlled substance listed in division	64153
(A)(1)(j) of this section also apply in a prosecution of a	64154
violation of division (D) of section 2923.16 of the Revised Code	64155
in the same manner as if the offender is being prosecuted for a	64156
prohibited concentration of alcohol.	64157

(M) All terms defined in section 4510.01 of the Revised Code	64158
apply to this section. If the meaning of a term defined in section	64159
4510.01 of the Revised Code conflicts with the meaning of the same	64160
term as defined in section 4501.01 or 4511.01 of the Revised Code,	64161
the term as defined in section 4510.01 of the Revised Code applies	64162
to this section.	64163

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	64164
as adopted by the supreme court under authority of section 2937.46	64165
of the Revised Code, do not apply to felony violations of this	64166
section. Subject to division (N)(2) of this section, the Rules of	64167
Criminal Procedure apply to felony violations of this section.	64168

(2) If, on or after January 1, 2004, the supreme court	64169
modifies the Ohio Traffic Rules to provide procedures to govern	64170
felony violations of this section, the modified rules shall apply	64171
to felony violations of this section.	64172

Sec. 4511.191. (A)(1) As used in this section:

64173

(a) "Physical control" has the same meaning as in section	64174
4511.194 of the Revised Code.	64175

(b) "Alcohol monitoring device" means any device that	64176
provides for continuous alcohol monitoring, any ignition interlock	64177
device, any immobilizing or disabling device other than an	64178
ignition interlock device that is constantly available to monitor	64179
the concentration of alcohol in a person's system, or any other	64180
device that provides for the automatic testing and periodic	64181
reporting of alcohol consumption by a person and that a court	64182
orders a person to use as a sanction imposed as a result of the	64183
person's conviction of or plea of guilty to an offense.	64184

(2) Any person who operates a vehicle, streetcar, or	64185
trackless trolley upon a highway or any public or private property	64186
used by the public for vehicular travel or parking within this	64187
state or who is in physical control of a vehicle, streetcar, or	64188
trackless trolley shall be deemed to have given consent to a	64189
chemical test or tests of the person's whole blood, blood serum or	64190
plasma, breath, or urine to determine the alcohol, drug of abuse,	64191
controlled substance, metabolite of a controlled substance, or	64192
combination content of the person's whole blood, blood serum or	64193
plasma, breath, or urine if arrested for a violation of division	64194
(A) or (B) of section 4511.19 of the Revised Code, section	64195
4511.194 of the Revised Code or a substantially equivalent	64196
municipal ordinance, or a municipal OVI ordinance.	64197

(3) The chemical test or tests under division (A)(2) of this	64198
section shall be administered at the request of a law enforcement	64199
officer having reasonable grounds to believe the person was	64200
operating or in physical control of a vehicle, streetcar, or	64201
trackless trolley in violation of a division, section, or	64202
ordinance identified in division (A)(2) of this section. The law	64203
enforcement agency by which the officer is employed shall	64204
designate which of the tests shall be administered.	64205

(4) Any person who is dead or unconscious, or who otherwise	64206
is in a condition rendering the person incapable of refusal, shall	64207
be deemed to have consented as provided in division (A)(2) of this	64208
section, and the test or tests may be administered, subject to	64209
sections 313.12 to 313.16 of the Revised Code.	64210

(5)(a) If a law enforcement officer arrests a person for a	64211
violation of division (A) or (B) of section 4511.19 of the Revised	64212
Code, section 4511.194 of the Revised Code or a substantially	64213
equivalent municipal ordinance, or a municipal OVI ordinance and	64214
if the person if convicted would be required to be sentenced under	64215
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	64216
Code, the law enforcement officer shall request the person to	64217
submit, and the person shall submit, to a chemical test or tests	64218
of the person's whole blood, blood serum or plasma, breath, or	64219
urine for the purpose of determining the alcohol, drug of abuse,	64220
controlled substance, metabolite of a controlled substance, or	64221
combination content of the person's whole blood, blood serum or	64222
plasma, breath, or urine. A law enforcement officer who makes a	64223
request pursuant to this division that a person submit to a	64224
chemical test or tests is not required to advise the person of the	64225
consequences of submitting to, or refusing to submit to, the test	64226
or tests and is not required to give the person the form described	64227
in division (B) of section 4511.192 of the Revised Code, but the	64228
officer shall advise the person at the time of the arrest that if	64229
the person refuses to take a chemical test the officer may employ	64230
whatever reasonable means are necessary to ensure that the person	64231
submits to a chemical test of the person's whole blood or blood	64232
serum or plasma. The officer shall also advise the person at the	64233
time of the arrest that the person may have an independent	64234
chemical test taken at the person's own expense. Divisions (A)(3)	64235
and (4) of this section apply to the administration of a chemical	64236
test or tests pursuant to this division.	64237

(b) If a person refuses to submit to a chemical test upon a	64238
request made pursuant to division (A)(5)(a) of this section, the	64239
law enforcement officer who made the request may employ whatever	64240
reasonable means are necessary to ensure that the person submits	64241
to a chemical test of the person's whole blood or blood serum or	64242
plasma. A law enforcement officer who acts pursuant to this	64243
division to ensure that a person submits to a chemical test of the	64244
person's whole blood or blood serum or plasma is immune from	64245
criminal and civil liability based upon a claim for assault and	64246
battery or any other claim for the acts, unless the officer so	64247
acted with malicious purpose, in bad faith, or in a wanton or	64248
reckless manner.	64249

(B)(1) Upon receipt of the sworn report of a law enforcement	64250
officer who arrested a person for a violation of division (A) or	64251
(B) of section 4511.19 of the Revised Code, section 4511.194 of	64252
the Revised Code or a substantially equivalent municipal	64253
ordinance, or a municipal OVI ordinance that was completed and	64254
sent to the registrar of motor vehicles and a court pursuant to	64255
section 4511.192 of the Revised Code in regard to a person who	64256
refused to take the designated chemical test, the registrar shall	64257
enter into the registrar's records the fact that the person's	64258
driver's or commercial driver's license or permit or nonresident	64259
operating privilege was suspended by the arresting officer under	64260
this division and that section and the period of the suspension,	64261
as determined under this section. The suspension shall be subject	64262
to appeal as provided in section 4511.197 of the Revised Code. The	64263
suspension shall be for whichever of the following periods	64264
applies:	64265

(a) Except when division (B)(1)(b), (c), or (d) of this	64266
section applies and specifies a different class or length of	64267
suspension, the suspension shall be a class C suspension for the	64268
period of time specified in division (B)(3) of section 4510.02 of	64269
the Revised Code.	64270

(b) If the arrested person, within six years of the date on	64271
which the person refused the request to consent to the chemical	64272
test, had refused one previous request to consent to a chemical	64273
test or had been convicted of or pleaded guilty to one violation	64274
of division (A) or (B) of section 4511.19 of the Revised Code or	64275
one other equivalent offense, the suspension shall be a class B	64276
suspension imposed for the period of time specified in division	64277
(B)(2) of section 4510.02 of the Revised Code.	64278

(c) If the arrested person, within six years of the date on	64279
which the person refused the request to consent to the chemical	64280
test, had refused two previous requests to consent to a chemical	64281
test, had been convicted of or pleaded guilty to two violations of	64282
division (A) or (B) of section 4511.19 of the Revised Code or	64283
other equivalent offenses, or had refused one previous request to	64284
consent to a chemical test and also had been convicted of or	64285
pleaded guilty to one violation of division (A) or (B) of section	64286
4511.19 of the Revised Code or other equivalent offenses, which	64287
violation or offense arose from an incident other than the	64288
incident that led to the refusal, the suspension shall be a class	64289
A suspension imposed for the period of time specified in division	64290
(B)(1) of section 4510.02 of the Revised Code.	64291

(d) If the arrested person, within six years of the date on	64292
which the person refused the request to consent to the chemical	64293
test, had refused three or more previous requests to consent to a	64294
chemical test, had been convicted of or pleaded guilty to three or	64295
more violations of division (A) or (B) of section 4511.19 of the	64296
Revised Code or other equivalent offenses, or had refused a number	64297
of previous requests to consent to a chemical test and also had	64298
been convicted of or pleaded guilty to a number of violations of	64299
division (A) or (B) of section 4511.19 of the Revised Code or	64300
other equivalent offenses that cumulatively total three or more	64301
such refusals, convictions, and guilty pleas, the suspension shall	64302
be for five years.	64303

(2) The registrar shall terminate a suspension of the	64304
driver's or commercial driver's license or permit of a resident or	64305
of the operating privilege of a nonresident, or a denial of a	64306
driver's or commercial driver's license or permit, imposed	64307
pursuant to division (B)(1) of this section upon receipt of notice	64308
that the person has entered a plea of guilty to, or that the	64309
person has been convicted after entering a plea of no contest to,	64310
operating a vehicle in violation of section 4511.19 of the Revised	64311
Code or in violation of a municipal OVI ordinance, if the offense	64312
for which the conviction is had or the plea is entered arose from	64313
the same incident that led to the suspension or denial.	64314

The registrar shall credit against any judicial suspension of	64315
a person's driver's or commercial driver's license or permit or	64316
nonresident operating privilege imposed pursuant to section	64317
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	64318
Revised Code for a violation of a municipal OVI ordinance, any	64319
time during which the person serves a related suspension imposed	64320
pursuant to division (B)(1) of this section.	64321

(C)(1) Upon receipt of the sworn report of the law	64322
enforcement officer who arrested a person for a violation of	64323
division (A) or (B) of section 4511.19 of the Revised Code or a	64324
municipal OVI ordinance that was completed and sent to the	64325
registrar and a court pursuant to section 4511.192 of the Revised	64326
Code in regard to a person whose test results indicate that the	64327
person's whole blood, blood serum or plasma, breath, or urine	64328
contained at least the concentration of alcohol specified in	64329
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	64330
Revised Code or at least the concentration of a listed controlled	64331
substance or a listed metabolite of a controlled substance	64332
specified in division (A)(1)(j) of section 4511.19 of the Revised	64333
Code, the registrar shall enter into the registrar's records the	64334
fact that the person's driver's or commercial driver's license or	64335
permit or nonresident operating privilege was suspended by the	64336
arresting officer under this division and section 4511.192 of the	64337
Revised Code and the period of the suspension, as determined under	64338
divisions (C)(1)(a) to (d) of this section. The suspension shall	64339
be subject to appeal as provided in section 4511.197 of the	64340
Revised Code. The suspension described in this division does not	64341
apply to, and shall not be imposed upon, a person arrested for a	64342
violation of section 4511.194 of the Revised Code or a	64343
substantially equivalent municipal ordinance who submits to a	64344
designated chemical test. The suspension shall be for whichever of	64345
the following periods applies:	64346

(a) Except when division (C)(1)(b), (c), or (d) of this	64347
section applies and specifies a different period, the suspension	64348
shall be a class E suspension imposed for the period of time	64349
specified in division (B)(5) of section 4510.02 of the Revised	64350
Code.	64351

(b) The suspension shall be a class C suspension for the	64352
period of time specified in division (B)(3) of section 4510.02 of	64353
the Revised Code if the person has been convicted of or pleaded	64354
guilty to, within six years of the date the test was conducted,	64355
one violation of division (A) or (B) of section 4511.19 of the	64356
Revised Code or one other equivalent offense.	64357

(c) If, within six years of the date the test was conducted,	64358
the person has been convicted of or pleaded guilty to two	64359
violations of a statute or ordinance described in division	64360
(C)(1)(b) of this section, the suspension shall be a class B	64361
suspension imposed for the period of time specified in division	64362
(B)(2) of section 4510.02 of the Revised Code.	64363

(d) If, within six years of the date the test was conducted,	64364
the person has been convicted of or pleaded guilty to more than	64365
two violations of a statute or ordinance described in division	64366
(C)(1)(b) of this section, the suspension shall be a class A	64367
suspension imposed for the period of time specified in division	64368
(B)(1) of section 4510.02 of the Revised Code.	64369

(2) The registrar shall terminate a suspension of the	64370
driver's or commercial driver's license or permit of a resident or	64371
of the operating privilege of a nonresident, or a denial of a	64372
driver's or commercial driver's license or permit, imposed	64373
pursuant to division (C)(1) of this section upon receipt of notice	64374
that the person has entered a plea of guilty to, or that the	64375
person has been convicted after entering a plea of no contest to,	64376
operating a vehicle in violation of section 4511.19 of the Revised	64377
Code or in violation of a municipal OVI ordinance, if the offense	64378
for which the conviction is had or the plea is entered arose from	64379
the same incident that led to the suspension or denial.	64380

The registrar shall credit against any judicial suspension of	64381
a person's driver's or commercial driver's license or permit or	64382
nonresident operating privilege imposed pursuant to section	64383
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	64384
Revised Code for a violation of a municipal OVI ordinance, any	64385
time during which the person serves a related suspension imposed	64386
pursuant to division (C)(1) of this section.	64387

(D)(1) A suspension of a person's driver's or commercial	64388
driver's license or permit or nonresident operating privilege	64389
under this section for the time described in division (B) or (C)	64390
of this section is effective immediately from the time at which	64391
the arresting officer serves the notice of suspension upon the	64392
arrested person. Any subsequent finding that the person is not	64393
guilty of the charge that resulted in the person being requested	64394
to take the chemical test or tests under division (A) of this	64395
section does not affect the suspension.	64396

(2) If a person is arrested for operating a vehicle,	64397
streetcar, or trackless trolley in violation of division (A) or	64398
(B) of section 4511.19 of the Revised Code or a municipal OVI	64399
ordinance, or for being in physical control of a vehicle,	64400
streetcar, or trackless trolley in violation of section 4511.194	64401
of the Revised Code or a substantially equivalent municipal	64402
ordinance, regardless of whether the person's driver's or	64403
commercial driver's license or permit or nonresident operating	64404
privilege is or is not suspended under division (B) or (C) of this	64405
section or Chapter 4510. of the Revised Code, the person's initial	64406
appearance on the charge resulting from the arrest shall be held	64407
within five days of the person's arrest or the issuance of the	64408
citation to the person, subject to any continuance granted by the	64409
court pursuant to section 4511.197 of the Revised Code regarding	64410
the issues specified in that division.	64411

(E) When it finally has been determined under the procedures	64412
of this section and sections 4511.192 to 4511.197 of the Revised	64413
Code that a nonresident's privilege to operate a vehicle within	64414
this state has been suspended, the registrar shall give	64415
information in writing of the action taken to the motor vehicle	64416
administrator of the state of the person's residence and of any	64417
state in which the person has a license.	64418

(F) At the end of a suspension period under this section,	64419
under section 4511.194, section 4511.196, or division (G) of	64420
section 4511.19 of the Revised Code, or under section 4510.07 of	64421
the Revised Code for a violation of a municipal OVI ordinance and	64422
upon the request of the person whose driver's or commercial	64423
driver's license or permit was suspended and who is not otherwise	64424
subject to suspension, cancellation, or disqualification, the	64425
registrar shall return the driver's or commercial driver's license	64426
or permit to the person upon the occurrence of all of the	64427
conditions specified in divisions (F)(1) and (2) of this section:	64428

(1) A showing that the person has proof of financial	64429
responsibility, a policy of liability insurance in effect that	64430
meets the minimum standards set forth in section 4509.51 of the	64431
Revised Code, or proof, to the satisfaction of the registrar, that	64432
the person is able to respond in damages in an amount at least	64433
equal to the minimum amounts specified in section 4509.51 of the	64434
Revised Code.	64435

(2) Subject to the limitation contained in division (F)(3) of	64436
this section, payment by the person to the registrar or an	64437
eligible deputy registrar of a license reinstatement fee of four	64438
hundred seventy-five dollars, which fee shall be deposited in the	64439
state treasury and credited as follows:	64440

(a) One hundred twelve dollars and fifty cents shall be	64441
credited to the statewide treatment and prevention fund created by	64442
section 4301.30 of the Revised Code. Money credited to the fund	64443
under this section shall be used for purposes identified ~~in the~~	64444
~~comprehensive statewide alcohol and drug addiction services plan~~	64445
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	64446

(b) Seventy-five dollars shall be credited to the reparations	64447
fund created by section 2743.191 of the Revised Code.	64448

(c) Thirty-seven dollars and fifty cents shall be credited to	64449
the indigent drivers alcohol treatment fund, which is hereby	64450
established in the state treasury. Except as otherwise provided in	64451
division (F)(2)(c) of this section, moneys in the fund shall be	64452
distributed by the department of ~~alcohol and drug addiction~~	64453
~~services~~mental health and addiction services to the county	64454
indigent drivers alcohol treatment funds, the county juvenile	64455
indigent drivers alcohol treatment funds, and the municipal	64456
indigent drivers alcohol treatment funds that are required to be	64457
established by counties and municipal corporations pursuant to	64458
division (H) of this section, and shall be used only to pay the	64459
cost of an alcohol and drug addiction treatment program attended	64460
by an offender or juvenile traffic offender who is ordered to	64461
attend an alcohol and drug addiction treatment program by a	64462
county, juvenile, or municipal court judge and who is determined	64463
by the county, juvenile, or municipal court judge not to have the	64464
means to pay for the person's attendance at the program or to pay	64465
the costs specified in division (H)(4) of this section in	64466
accordance with that division. In addition, a county, juvenile, or	64467
municipal court judge may use moneys in the county indigent	64468
drivers alcohol treatment fund, county juvenile indigent drivers	64469
alcohol treatment fund, or municipal indigent drivers alcohol	64470
treatment fund to pay for the cost of the continued use of an	64471
alcohol monitoring device as described in divisions (H)(3) and (4)	64472
of this section. Moneys in the fund that are not distributed to a	64473
county indigent drivers alcohol treatment fund, a county juvenile	64474
indigent drivers alcohol treatment fund, or a municipal indigent	64475
drivers alcohol treatment fund under division (H) of this section	64476
because the director of ~~alcohol and drug addiction services~~mental	64477
health and addiction services does not have the information	64478
necessary to identify the county or municipal corporation where	64479
the offender or juvenile offender was arrested may be transferred	64480
by the director of budget and management to the statewide	64481
treatment and prevention fund created by section 4301.30 of the	64482
Revised Code, upon certification of the amount by the director of	64483
~~alcohol and drug addiction services~~mental health and addiction	64484
services.	64485

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	64486
rehabilitation services commission established by section 3304.12	64487
of the Revised Code, to the services for rehabilitation fund,	64488
which is hereby established. The fund shall be used to match	64489
available federal matching funds where appropriate, and for any	64490
other purpose or program of the commission to rehabilitate people	64491
with disabilities to help them become employed and independent.	64492

(e) Seventy-five dollars shall be deposited into the state	64493
treasury and credited to the drug abuse resistance education	64494
programs fund, which is hereby established, to be used by the	64495
attorney general for the purposes specified in division (F)(4) of	64496
this section.	64497

(f) Thirty dollars shall be credited to the state bureau of	64498
motor vehicles fund created by section 4501.25 of the Revised	64499
Code.	64500

(g) Twenty dollars shall be credited to the trauma and	64501
emergency medical services fund created by section 4513.263 of the	64502
Revised Code.	64503

(h) Fifty dollars shall be credited to the indigent drivers	64504
interlock and alcohol monitoring fund, which is hereby established	64505
in the state treasury. Moneys in the fund shall be distributed by	64506
the department of public safety to the county indigent drivers	64507
interlock and alcohol monitoring funds, the county juvenile	64508
indigent drivers interlock and alcohol monitoring funds, and the	64509
municipal indigent drivers interlock and alcohol monitoring funds	64510
that are required to be established by counties and municipal	64511
corporations pursuant to this section, and shall be used only to	64512
pay the cost of an immobilizing or disabling device, including a	64513
certified ignition interlock device, or an alcohol monitoring	64514
device used by an offender or juvenile offender who is ordered to	64515
use the device by a county, juvenile, or municipal court judge and	64516
who is determined by the county, juvenile, or municipal court	64517
judge not to have the means to pay for the person's use of the	64518
device.	64519

(3) If a person's driver's or commercial driver's license or	64520
permit is suspended under this section, under section 4511.196 or	64521
division (G) of section 4511.19 of the Revised Code, under section	64522
4510.07 of the Revised Code for a violation of a municipal OVI	64523
ordinance or under any combination of the suspensions described in	64524
division (F)(3) of this section, and if the suspensions arise from	64525
a single incident or a single set of facts and circumstances, the	64526
person is liable for payment of, and shall be required to pay to	64527
the registrar or an eligible deputy registrar, only one	64528
reinstatement fee of four hundred seventy-five dollars. The	64529
reinstatement fee shall be distributed by the bureau in accordance	64530
with division (F)(2) of this section.	64531

(4) The attorney general shall use amounts in the drug abuse	64532
resistance education programs fund to award grants to law	64533
enforcement agencies to establish and implement drug abuse	64534
resistance education programs in public schools. Grants awarded to	64535
a law enforcement agency under this section shall be used by the	64536
agency to pay for not more than fifty per cent of the amount of	64537
the salaries of law enforcement officers who conduct drug abuse	64538
resistance education programs in public schools. The attorney	64539
general shall not use more than six per cent of the amounts the	64540
attorney general's office receives under division (F)(2)(e) of	64541
this section to pay the costs it incurs in administering the grant	64542
program established by division (F)(2)(e) of this section and in	64543
providing training and materials relating to drug abuse resistance	64544
education programs.	64545

The attorney general shall report to the governor and the	64546
general assembly each fiscal year on the progress made in	64547
establishing and implementing drug abuse resistance education	64548
programs. These reports shall include an evaluation of the	64549
effectiveness of these programs.	64550

(5) In addition to the reinstatement fee under this section,	64551
if the person pays the reinstatement fee to a deputy registrar,	64552
the deputy registrar shall collect a service fee of ten dollars to	64553
compensate the deputy registrar for services performed under this	64554
section. The deputy registrar shall retain eight dollars of the	64555
service fee and shall transmit the reinstatement fee, plus two	64556
dollars of the service fee, to the registrar in the manner the	64557
registrar shall determine.	64558

(G) Suspension of a commercial driver's license under	64559
division (B) or (C) of this section shall be concurrent with any	64560
period of disqualification under section 3123.611 or 4506.16 of	64561
the Revised Code or any period of suspension under section 3123.58	64562
of the Revised Code. No person who is disqualified for life from	64563
holding a commercial driver's license under section 4506.16 of the	64564
Revised Code shall be issued a driver's license under Chapter	64565
4507. of the Revised Code during the period for which the	64566
commercial driver's license was suspended under division (B) or	64567
(C) of this section. No person whose commercial driver's license	64568
is suspended under division (B) or (C) of this section shall be	64569
issued a driver's license under Chapter 4507. of the Revised Code	64570
during the period of the suspension.	64571

(H)(1) Each county shall establish an indigent drivers	64572
alcohol treatment fund, each county shall establish a juvenile	64573
indigent drivers alcohol treatment fund, and each municipal	64574
corporation in which there is a municipal court shall establish an	64575
indigent drivers alcohol treatment fund. All revenue that the	64576
general assembly appropriates to the indigent drivers alcohol	64577
treatment fund for transfer to a county indigent drivers alcohol	64578
treatment fund, a county juvenile indigent drivers alcohol	64579
treatment fund, or a municipal indigent drivers alcohol treatment	64580
fund, all portions of fees that are paid under division (F) of	64581
this section and that are credited under that division to the	64582
indigent drivers alcohol treatment fund in the state treasury for	64583
a county indigent drivers alcohol treatment fund, a county	64584
juvenile indigent drivers alcohol treatment fund, or a municipal	64585
indigent drivers alcohol treatment fund, all portions of	64586
additional costs imposed under section 2949.094 of the Revised	64587
Code that are specified for deposit into a county, county	64588
juvenile, or municipal indigent drivers alcohol treatment fund by	64589
that section, and all portions of fines that are specified for	64590
deposit into a county or municipal indigent drivers alcohol	64591
treatment fund by section 4511.193 of the Revised Code shall be	64592
deposited into that county indigent drivers alcohol treatment	64593
fund, county juvenile indigent drivers alcohol treatment fund, or	64594
municipal indigent drivers alcohol treatment fund. The portions of	64595
the fees paid under division (F) of this section that are to be so	64596
deposited shall be determined in accordance with division (H)(2)	64597
of this section. Additionally, all portions of fines that are paid	64598
for a violation of section 4511.19 of the Revised Code or of any	64599
prohibition contained in Chapter 4510. of the Revised Code, and	64600
that are required under section 4511.19 or any provision of	64601
Chapter 4510. of the Revised Code to be deposited into a county	64602
indigent drivers alcohol treatment fund or municipal indigent	64603
drivers alcohol treatment fund shall be deposited into the	64604
appropriate fund in accordance with the applicable division of the	64605
section or provision.	64606

(2) That portion of the license reinstatement fee that is	64607
paid under division (F) of this section and that is credited under	64608
that division to the indigent drivers alcohol treatment fund shall	64609
be deposited into a county indigent drivers alcohol treatment	64610
fund, a county juvenile indigent drivers alcohol treatment fund,	64611
or a municipal indigent drivers alcohol treatment fund as follows:	64612

(a) Regarding a suspension imposed under this section, that	64613
portion of the fee shall be deposited as follows:	64614

(i) If the fee is paid by a person who was charged in a	64615
county court with the violation that resulted in the suspension or	64616
in the imposition of the court costs, the portion shall be	64617
deposited into the county indigent drivers alcohol treatment fund	64618
under the control of that court;	64619

(ii) If the fee is paid by a person who was charged in a	64620
juvenile court with the violation that resulted in the suspension	64621
or in the imposition of the court costs, the portion shall be	64622
deposited into the county juvenile indigent drivers alcohol	64623
treatment fund established in the county served by the court;	64624

(iii) If the fee is paid by a person who was charged in a	64625
municipal court with the violation that resulted in the suspension	64626
or in the imposition of the court costs, the portion shall be	64627
deposited into the municipal indigent drivers alcohol treatment	64628
fund under the control of that court.	64629

(b) Regarding a suspension imposed under section 4511.19 of	64630
the Revised Code or under section 4510.07 of the Revised Code for	64631
a violation of a municipal OVI ordinance, that portion of the fee	64632
shall be deposited as follows:	64633

(i) If the fee is paid by a person whose license or permit	64634
was suspended by a county court, the portion shall be deposited	64635
into the county indigent drivers alcohol treatment fund under the	64636
control of that court;	64637

(ii) If the fee is paid by a person whose license or permit	64638
was suspended by a municipal court, the portion shall be deposited	64639
into the municipal indigent drivers alcohol treatment fund under	64640
the control of that court.	64641

(3) Expenditures from a county indigent drivers alcohol	64642
treatment fund, a county juvenile indigent drivers alcohol	64643
treatment fund, or a municipal indigent drivers alcohol treatment	64644
fund shall be made only upon the order of a county, juvenile, or	64645
municipal court judge and only for payment of the cost of an	64646
assessment or the cost of the attendance at an alcohol and drug	64647
addiction treatment program of a person who is convicted of, or	64648
found to be a juvenile traffic offender by reason of, a violation	64649
of division (A) of section 4511.19 of the Revised Code or a	64650
substantially similar municipal ordinance, who is ordered by the	64651
court to attend the alcohol and drug addiction treatment program,	64652
and who is determined by the court to be unable to pay the cost of	64653
the assessment or the cost of attendance at the treatment program	64654
or for payment of the costs specified in division (H)(4) of this	64655
section in accordance with that division. The alcohol and drug	64656
addiction services board or the board of alcohol, drug addiction,	64657
and mental health services established pursuant to section 340.02	64658
or 340.021 of the Revised Code and serving the alcohol, drug	64659
addiction, and mental health service district in which the court	64660
is located shall administer the indigent drivers alcohol treatment	64661
program of the court. When a court orders an offender or juvenile	64662
traffic offender to obtain an assessment or attend an alcohol and	64663
drug addiction treatment program, the board shall determine which	64664
program is suitable to meet the needs of the offender or juvenile	64665
traffic offender, and when a suitable program is located and space	64666
is available at the program, the offender or juvenile traffic	64667
offender shall attend the program designated by the board. A	64668
reasonable amount not to exceed five per cent of the amounts	64669
credited to and deposited into the county indigent drivers alcohol	64670
treatment fund, the county juvenile indigent drivers alcohol	64671
treatment fund, or the municipal indigent drivers alcohol	64672
treatment fund serving every court whose program is administered	64673
by that board shall be paid to the board to cover the costs it	64674
incurs in administering those indigent drivers alcohol treatment	64675
programs.	64676

In addition, upon exhaustion of moneys in the indigent	64677
drivers interlock and alcohol monitoring fund for the use of an	64678
alcohol monitoring device, a county, juvenile, or municipal court	64679
judge may use moneys in the county indigent drivers alcohol	64680
treatment fund, county juvenile indigent drivers alcohol treatment	64681
fund, or municipal indigent drivers alcohol treatment fund in the	64682
following manners:	64683

(a) If the source of the moneys was an appropriation of the	64684
general assembly, a portion of a fee that was paid under division	64685
(F) of this section, a portion of a fine that was specified for	64686
deposit into the fund by section 4511.193 of the Revised Code, or	64687
a portion of a fine that was paid for a violation of section	64688
4511.19 of the Revised Code or of a provision contained in Chapter	64689
4510. of the Revised Code that was required to be deposited into	64690
the fund, to pay for the continued use of an alcohol monitoring	64691
device by an offender or juvenile traffic offender, in conjunction	64692
with a treatment program approved by the department of ~~alcohol and~~	64693
~~drug addiction services~~mental health and addiction services, when	64694
such use is determined clinically necessary by the treatment	64695
program and when the court determines that the offender or	64696
juvenile traffic offender is unable to pay all or part of the	64697
daily monitoring or cost of the device;	64698

(b) If the source of the moneys was a portion of an	64699
additional court cost imposed under section 2949.094 of the	64700
Revised Code, to pay for the continued use of an alcohol	64701
monitoring device by an offender or juvenile traffic offender when	64702
the court determines that the offender or juvenile traffic	64703
offender is unable to pay all or part of the daily monitoring or	64704
cost of the device. The moneys may be used for a device as	64705
described in this division if the use of the device is in	64706
conjunction with a treatment program approved by the department of	64707
~~alcohol and drug addiction services~~mental health and addiction	64708
services, when the use of the device is determined clinically	64709
necessary by the treatment program, but the use of a device is not	64710
required to be in conjunction with a treatment program approved by	64711
the department in order for the moneys to be used for the device	64712
as described in this division.	64713

(4) If a county, juvenile, or municipal court determines, in	64714
consultation with the alcohol and drug addiction services board or	64715
the board of alcohol, drug addiction, and mental health services	64716
established pursuant to section 340.02 or 340.021 of the Revised	64717
Code and serving the alcohol, drug addiction, and mental health	64718
district in which the court is located, that the funds in the	64719
county indigent drivers alcohol treatment fund, the county	64720
juvenile indigent drivers alcohol treatment fund, or the municipal	64721
indigent drivers alcohol treatment fund under the control of the	64722
court are more than sufficient to satisfy the purpose for which	64723
the fund was established, as specified in divisions (H)(1) to (3)	64724
of this section, the court may declare a surplus in the fund. If	64725
the court declares a surplus in the fund, the court may expend the	64726
amount of the surplus in the fund for:	64727

(a) Alcohol and drug abuse assessment and treatment of	64728
persons who are charged in the court with committing a criminal	64729
offense or with being a delinquent child or juvenile traffic	64730
offender and in relation to whom both of the following apply:	64731

(i) The court determines that substance abuse was a	64732
contributing factor leading to the criminal or delinquent activity	64733
or the juvenile traffic offense with which the person is charged.	64734

(ii) The court determines that the person is unable to pay	64735
the cost of the alcohol and drug abuse assessment and treatment	64736
for which the surplus money will be used.	64737

(b) All or part of the cost of purchasing alcohol monitoring	64738
devices to be used in conjunction with division (H)(3) of this	64739
section, upon exhaustion of moneys in the indigent drivers	64740
interlock and alcohol monitoring fund for the use of an alcohol	64741
monitoring device.	64742

(5) For the purpose of determining as described in division	64743
(F)(2)(c) of this section whether an offender does not have the	64744
means to pay for the offender's attendance at an alcohol and drug	64745
addiction treatment program or whether an alleged offender or	64746
delinquent child is unable to pay the costs specified in division	64747
(H)(4) of this section, the court shall use the indigent client	64748
eligibility guidelines and the standards of indigency established	64749
by the state public defender to make the determination.	64750

(6) The court shall identify and refer any ~~alcohol and drug~~	64751
community addiction ~~program~~services provider that is not	64752
certified under section ~~3793.06~~5119.36 of the Revised Code and	64753
that is interested in receiving amounts from the surplus in the	64754
fund declared under division (H)(4) of this section to the	64755
department of ~~alcohol and drug addiction services~~mental health	64756
and addiction services in order for the ~~program~~services provider	64757
to become a certified ~~alcohol and drug~~community addiction	64758
~~program~~services provider. The department shall keep a record of	64759
applicant referrals received pursuant to this division and shall	64760
submit a report on the referrals each year to the general	64761
assembly. If a ~~program~~services provider interested in becoming	64762
certified makes an application to become certified pursuant to	64763
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	64764
provider is eligible to receive surplus funds as long as the	64765
application is pending with the department. The department of	64766
~~alcohol and drug addiction services~~mental health and addiction	64767
services must offer technical assistance to the applicant. If the	64768
interested ~~program~~services provider withdraws the certification	64769
application, the department must notify the court, and the court	64770
shall not provide the interested ~~program~~services provider with	64771
any further surplus funds.	64772

(7)(a) Each alcohol and drug addiction services board and	64773
board of alcohol, drug addiction, and mental health services	64774
established pursuant to section 340.02 or 340.021 of the Revised	64775
Code shall submit to the department of ~~alcohol and drug addiction~~	64776
~~services~~mental health and addiction services an annual report for	64777
each indigent drivers alcohol treatment fund in that board's area.	64778

(b) The report, which shall be submitted not later than sixty	64779
days after the end of the state fiscal year, shall provide the	64780
total payment that was made from the fund, including the number of	64781
indigent consumers that received treatment services and the number	64782
of indigent consumers that received an alcohol monitoring device.	64783
The report shall identify the treatment program and expenditure	64784
for an alcohol monitoring device for which that payment was made.	64785
The report shall include the fiscal year balance of each indigent	64786
drivers alcohol treatment fund located in that board's area. In	64787
the event that a surplus is declared in the fund pursuant to	64788
division (H)(4) of this section, the report also shall provide the	64789
total payment that was made from the surplus moneys and identify	64790
the treatment program and expenditure for an alcohol monitoring	64791
device for which that payment was made. ~~The department may require~~	64792
~~additional information necessary to complete the comprehensive~~	64793
~~statewide alcohol and drug addiction services plan as required by~~	64794
~~section 3793.04 of the Revised Code.~~	64795

(c) If a board is unable to obtain adequate information to	64796
develop the report to submit to the department for a particular	64797
indigent drivers alcohol treatment fund, the board shall submit a	64798
report detailing the effort made in obtaining the information.	64799

(I)(1) Each county shall establish an indigent drivers	64800
interlock and alcohol monitoring fund and a juvenile indigent	64801
drivers interlock and alcohol treatment fund, and each municipal	64802
corporation in which there is a municipal court shall establish an	64803
indigent drivers interlock and alcohol monitoring fund. All	64804
revenue that the general assembly appropriates to the indigent	64805
drivers interlock and alcohol monitoring fund for transfer to a	64806
county indigent drivers interlock and alcohol monitoring fund, a	64807
county juvenile indigent drivers interlock and alcohol monitoring	64808
fund, or a municipal indigent drivers interlock and alcohol	64809
monitoring fund, all portions of license reinstatement fees that	64810
are paid under division (F)(2) of this section and that are	64811
credited under that division to the indigent drivers interlock and	64812
alcohol monitoring fund in the state treasury, and all portions of	64813
fines that are paid under division (G) of section 4511.19 of the	64814
Revised Code and that are credited by division (G)(5)(e) of that	64815
section to the indigent drivers interlock and alcohol monitoring	64816
fund in the state treasury shall be deposited in the appropriate	64817
fund in accordance with division (I)(2) of this section.	64818

(2) That portion of the license reinstatement fee that is	64819
paid under division (F) of this section and that portion of the	64820
fine paid under division (G) of section 4511.19 of the Revised	64821
Code and that is credited under either division to the indigent	64822
drivers interlock and alcohol monitoring fund shall be deposited	64823
into a county indigent drivers interlock and alcohol monitoring	64824
fund, a county juvenile indigent drivers interlock and alcohol	64825
monitoring fund, or a municipal indigent drivers interlock and	64826
alcohol monitoring fund as follows:	64827

(a) If the fee or fine is paid by a person who was charged in	64828
a county court with the violation that resulted in the suspension	64829
or fine, the portion shall be deposited into the county indigent	64830
drivers interlock and alcohol monitoring fund under the control of	64831
that court.	64832

(b) If the fee or fine is paid by a person who was charged in	64833
a juvenile court with the violation that resulted in the	64834
suspension or fine, the portion shall be deposited into the county	64835
juvenile indigent drivers interlock and alcohol monitoring fund	64836
established in the county served by the court.	64837

(c) If the fee or fine is paid by a person who was charged in	64838
a municipal court with the violation that resulted in the	64839
suspension, the portion shall be deposited into the municipal	64840
indigent drivers interlock and alcohol monitoring fund under the	64841
control of that court.	64842

Sec. 4701.03. (A) The accountancy board annually shall elect	64843
a president, secretary, and treasurer from its members. The board	64844
may adopt and amend rules for the orderly conduct of its affairs	64845
and for the administration of this chapter. The board may adopt	64846
and amend rules defining the practice of public accounting, rules	64847
of professional conduct appropriate to establish and maintain a	64848
high standard of integrity and dignity in registrants and	64849
certificate holders under this chapter, and rules regulating the	64850
sole proprietorship, partnership, limited liability company,	64851
professional association, corporation-for-profit, or other legal	64852
entity practice of public accounting. A majority of the board	64853
shall constitute a quorum for the transaction of business.	64854

(B) The board shall keep and hold open for public inspection	64855
all records of its proceedings.	64856

(C) The board may employ any clerks that are necessary to	64857
assist it in the performance of its duties and the keeping of its	64858
records. If the board employs an executive director, the board	64859
shall pay the executive director ~~shall be paid~~ in accordance with	64860
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	64861
~~Code, or, if the director was employed and being paid on June 28,~~	64862
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	64863
~~former section 124.152 of the Revised Code and continued to be so~~	64864
~~paid on June 29, 2003, the executive director shall be paid in~~	64865
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	64866
~~only of~~ section 124.152 of the Revised Code.	64867

Sec. 4707.02. (A) No person shall act as an auction firm,	64868
auctioneer, apprentice auctioneer, or special auctioneer within	64869
this state without a license issued by the department of	64870
agriculture. No auction shall be conducted in this state except by	64871
an auctioneer licensed by the department.	64872

The department shall not issue or renew a license if the	64873
applicant or licensee has been convicted of a felony or crime	64874
involving fraud or theft in this or another state at any time	64875
during the ten years immediately preceding application or renewal.	64876

(B) Division (A) of this section does not apply to any of the	64877
following:	64878

(1) Sales at auction that either are required by law to be at	64879
auction, other than sales pursuant to a judicial order or decree,	64880
or are conducted by or under the direction of a public authority;	64881

(2) The owner of any real or personal property desiring to	64882
sell the property at auction, provided that the property was not	64883
acquired for the purpose of resale;	64884

(3) An auction mediation company;

64885

(4) An auction that is conducted in a course of study for	64886
auctioneers that is approved by the state auctioneers commission	64887
created under section 4707.03 of the Revised Code for purposes of	64888
student training and is supervised by a licensed auctioneer;	64889

(5)(a) An auction that is sponsored by a nonprofit or	64890
charitable organization that is registered in this state under	64891
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	64892
if the auction only involves the property of the members of the	64893
organization and the auction is part of a fair that is organized	64894
by an agricultural society under Chapter 1711. of the Revised Code	64895
or by the Ohio expositions commission under Chapter 991. of the	64896
Revised Code at which an auctioneer who is licensed under this	64897
chapter physically conducts the auction; or	64898

(b) Sales at an auction sponsored by a charitable, religious,	64899
or civic organization that is tax exempt under subsection	64900
501(c)(3) of the Internal Revenue Code, or by a public school,	64901
chartered nonpublic school, or community school, if no person in	64902
the business of organizing, arranging, or conducting an auction	64903
for compensation and no consignor of consigned items sold at the	64904
auction, except such organization or school, receives compensation	64905
from the proceeds of the auction. As used in division (B)(5)(b) of	64906
this section, "compensation" means money, a thing of value other	64907
than participation in a charitable event, or a financial benefit.	64908

(6) A person licensed as a livestock dealer under Chapter	64909
943. of the Revised Code who exclusively sells livestock and uses	64910
an auctioneer who is licensed under this chapter to conduct the	64911
auction;	64912

(7) A person licensed as a motor vehicle auction owner under	64913
Chapter 4517. of the Revised Code who exclusively sells motor	64914
vehicles to a person licensed under Chapter 4517. of the Revised	64915
Code and who uses an auctioneer who is licensed under this chapter	64916
to conduct the auction;	64917

(8) A person who sells real or personal property by means of	64918
the internet;	64919

(9) A bid calling contest that is approved by the commission	64920
and that is conducted for the purposes of the advancement or	64921
promotion of the auction profession in this state, provided that	64922
no compensation is paid to the sponsor of or participants in the	64923
contest other than a prize or award for winning the contest;	64924

(10) An auction at which the champion of a national or	64925
international bid calling contest appears, provided that both of	64926
the following apply:	64927

(a) The champion is not paid a commission.

64928

(b) The auction is conducted under the direct supervision of	64929
an auctioneer licensed under this chapter in order to ensure that	64930
the champion complies with this chapter and rules adopted under	64931
it.	64932

(C)(1) No person shall advertise or hold oneself out as an	64933
auction firm, auctioneer, apprentice auctioneer, or special	64934
auctioneer without a license issued by the department of	64935
agriculture.	64936

(2) Division (C)(1) of this section does not apply to an	64937
individual who is the subject of an advertisement regarding an	64938
auction conducted under division (B)(5)(b) of this section.	64939

Sec. 4707.073. (A) No corporation, limited liability company,	64940
general or limited partnership, or unincorporated association	64941
shall act or hold itself out as an auctioneer without a valid	64942
auctioneer's license issued under this section. This section does	64943
not apply to a person who is issued a license under section	64944
4707.071 of the Revised Code.	64945

(B) The department of agriculture may grant an auctioneer's	64946
license to a corporation, limited liability company, general or	64947
limited partnership, or unincorporated association that is	64948
determined to be qualified by the department. Every applicant for	64949
a license under this section shall furnish to the department, on	64950
forms provided by the department, satisfactory proof that the	64951
applicant:	64952

(1) Is in good standing with the secretary of state if the	64953
applicant is a corporation;	64954

(2) Is of trustworthy character;

64955

(3) Has provided proof of financial responsibility as	64956
required in section 4707.11 of the Revised Code;	64957

(4) Is registered with the secretary of state or a local	64958
authority, as applicable, to do business in this state;	64959

(5) Has complied with any other requirement that the director	64960
establishes in rules adopted under section 4707.19 of the Revised	64961
Code.	64962

(C) An application submitted under this section shall list	64963
the names of all of the owners, directors, partners, or members of	64964
the applicant, as applicable, and shall indicate those that have	64965
an auctioneer's license issued under section 4707.07 of the	64966
Revised Code.	64967

(D)~~(1)~~ The department shall not issue a license under this	64968
section unless one of the following applies, as applicable:	64969

~~(a)~~(1) If the applicant is a limited liability company or a	64970
general or limited partnership, not less than fifty per cent of	64971
the members or general partners have a current license issued	64972
under section 4707.07 of the Revised Code.	64973

~~(b)~~(2) If the applicant is a corporation, not less than fifty	64974
per cent of the directors and the president or chief executive	64975
have a current license issued under section 4707.07 of the Revised	64976
Code.	64977

~~(c)~~(3) If the applicant is an unincorporated association, not	64978
less than fifty per cent of the members have a current license	64979
issued under section 4707.07 of the Revised Code.	64980

Failure of a corporation, limited liability company,	64981
partnership, or unincorporated association to maintain the	64982
applicable requirements of this division after the issuance of a	64983
license under this section may be sufficient cause for the	64984
revocation of the license under section 4707.15 of the Revised	64985
Code.	64986

~~(2) Not later than two years after the effective date of this~~	64987
~~section, a corporation, partnership, or unincorporated association~~	64988
~~that was issued a license under section 4707.07 of the Revised~~	64989
~~Code on or before the effective date of this section shall comply~~	64990
~~with the requirements established in division (D)(1) of this~~	64991
~~section. If such a corporation, partnership, or unincorporated~~	64992
~~association fails to comply with those requirements, the license~~	64993
~~of the corporation, partnership, or unincorporated association~~	64994
~~immediately shall terminate.~~	64995

(E) Upon the issuance of a license under this section, a	64996
corporation, limited liability company, partnership, or	64997
unincorporated association shall designate an individual from	64998
among its directors, partners, or members who is licensed under	64999
section 4707.07 of the Revised Code as its agent for purposes of	65000
communication with the department. If that individual ceases to be	65001
the agent, the corporation, limited liability company,	65002
partnership, or unincorporated association shall notify the	65003
department not later than ten days after the day on which the	65004
individual ceases to be the agent. Upon notification to the	65005
department, the license of the corporation, limited liability	65006
company, partnership, or unincorporated association, as	65007
applicable, immediately shall terminate. If the corporation,	65008
limited liability company, partnership, or unincorporated	65009
association notifies the department of the designation of a new	65010
agent in accordance with the requirements of this division and	65011
pays a fee in the amount of ten dollars, the department shall	65012
issue the corporation, limited liability company, partnership, or	65013
unincorporated association a new license.	65014

(F) This section does not preclude a corporation, limited	65015
liability company, partnership, or unincorporated association from	65016
selling real property at auction, provided that the requirements	65017
of this section and section 4707.021 and Chapter 4735. of the	65018
Revised Code are satisfied.	65019

(G) A person licensed as a real estate broker under Chapter	65020
4735. of the Revised Code shall not be required to obtain a	65021
license under this section if the person complies with sections	65022
4707.021 and 4707.22 of the Revised Code.	65023

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	65024
or auction firm license issued by the department of agriculture is	65025
one hundred dollars, and the annual renewal fee for any such	65026
license is one hundred dollars. All licenses expire annually on	65027
the last day of June of each year and shall be renewed according	65028
to the standard renewal procedures of Chapter 4745. of the Revised	65029
Code, or the procedures of this section. Any licensee under this	65030
chapter who wishes to renew the licensee's license, but fails to	65031
do so before the first day of July shall reapply for licensure in	65032
the same manner and pursuant to the same requirements as for	65033
initial licensure, unless before the first day of September of the	65034
year of expiration, the former licensee pays to the department, in	65035
addition to the regular renewal fee, a late renewal penalty of one	65036
hundred dollars.	65037

(B)(1) Each person to whom the department issues an	65038
auctioneer's license or special auctioneer's license shall pay a	65039
licensure fee. Those licenses are biennial and expire in	65040
accordance with the schedule established in division (B)(2) of	65041
this section. If such a license is issued during the first year of	65042
a biennium, the licensee shall pay a fee in the amount of two	65043
hundred dollars. If the license is issued during the second year	65044
of a biennium, the licensee shall pay a fee in the amount of one	65045
hundred dollars. With respect to an auctioneer's license, the fees	65046
apply regardless of whether the license is issued to an individual	65047
under section 4707.07 of the Revised Code or to a corporation,	65048
limited liability company, partnership, or association under	65049
section 4707.073 of the Revised Code.	65050

All auctioneer's licenses and special auctioneer's licenses	65051
expire on the last day of June of the biennium. The licenses shall	65052
be renewed in accordance with the standard renewal procedures of	65053
Chapter 4745. of the Revised Code or the procedures in this	65054
section and upon the licensee's payment to the department of a	65055
renewal fee of two hundred dollars. A licensee who wishes to renew	65056
the licensee's license, but who fails to do so before the first	65057
day of July following the license's expiration, shall reapply for	65058
licensure in the same manner and pursuant to the same requirements	65059
as for the initial licensure unless before the first day of	65060
September following the expiration, the former licensee pays to	65061
the department, in addition to the regular renewal fee, a late	65062
renewal penalty of one hundred dollars.	65063

(2) The biennial expiration of an auctioneer's license or	65064
special auctioneer's license shall occur in accordance with the	65065
following schedule:	65066

(a) The license shall expire in odd-numbered years if the	65067
business name or last name, as applicable, of the licensee begins	65068
with the letters "A" through "J" or with the letters "X" through	65069
"Z."	65070

(b) The license shall expire in even-numbered years if the	65071
business name or last name, as applicable, of the licensee begins	65072
with the letters "K" through "W."	65073

(C) Any person who fails to renew the person's license before	65074
the first day of July is prohibited from engaging in any activity	65075
specified or comprehended in section 4707.01 of the Revised Code	65076
until such time as the person's license is renewed or a new	65077
license is issued. Renewal of a license between the first day of	65078
July and the first day of September does not relieve any person	65079
from complying with this division. The department may refuse to	65080
renew the license of or issue a new license to any person who	65081
violates this division.	65082

(D) The department shall prepare and deliver to each licensee	65083
a permanent license certificate and an identification card, the	65084
appropriate portion of which shall be carried on the person of the	65085
licensee at all times when engaged in any type of auction	65086
activity, and part of which shall be posted with the permanent	65087
certificate in a conspicuous location at the licensee's place of	65088
business.	65089

(E) Notice in writing shall be given to the department by	65090
each auctioneer or apprentice auctioneer licensee of any change of	65091
principal business location or any change or addition to the name	65092
or names under which business is conducted, whereupon the	65093
department shall issue a new license for the unexpired period. Any	65094
change of business location or change or addition of names without	65095
notification to the department shall automatically cancel any	65096
license previously issued. For each new ~~auctioneer~~auctioneer's or	65097
apprentice ~~auctioneer~~auctioneer's license issued upon the	65098
occasion of a change in business location or a change in or an	65099
addition of names under which business is conducted, the	65100
department may collect a fee of ten dollars for each change in	65101
location, or name or each added name unless the notification of	65102
the change occurs concurrently with the renewal application or	65103
unless otherwise provided in section 4707.07 of the Revised Code.	65104

Sec. 4709.11. Every license issued pursuant to this chapter	65105
expires on the thirty-first day of August of each even-numbered	65106
year. Each licensee desiring to do so shall, on or before the	65107
first day of September of each even-numbered year, renew ~~his~~the	65108
licensee's license pursuant to the standard renewal procedure of	65109
Chapter 4745. of the Revised Code. Any holder of an expired	65110
license shall restore ~~his~~the holder's license before continuing	65111
the practice of barbering or the activity for which hethe holder	65112
is licensed under this chapter and pay the appropriate restoration	65113
fee. If the person fails to restore ~~his~~the person's license	65114
within ~~three~~six years, hethe person shall pay any required	65115
restoration fee and take any examination required for the license	65116
under this chapter.	65117

Sec. 4715.36. As used in this section and sections 4715.361	65118
to 4715.374 of the Revised Code:	65119

(A) "Accredited dental hygiene school" means a dental hygiene	65120
school accredited by the American dental association commission on	65121
dental accreditation or a dental hygiene school whose educational	65122
standards are recognized by the American dental association	65123
commission on dental accreditation and approved by the state	65124
dental board.	65125

(B) "Authorizing dentist" means a dentist who authorizes a	65126
dental hygienist to perform dental hygiene services under section	65127
4715.365 of the Revised Code.	65128

(C) "Clinical evaluation" means a diagnosis and treatment	65129
plan formulated for an individual patient by a dentist.	65130

(D) "Dentist" means an individual licensed under this chapter	65131
to practice dentistry.	65132

(E) "Dental hygienist" means an individual licensed under	65133
this chapter to practice as a dental hygienist.	65134

(F) "Dental hygiene services" means the prophylactic,	65135
preventive, and other procedures that dentists are authorized by	65136
this chapter and rules of the state dental board to assign to	65137
dental hygienists, except for procedures while a patient is	65138
anesthetized, definitive root planing, definitive subgingival	65139
curettage, the administration of local anesthesia, and the	65140
procedures specified in rules adopted by the board as described in	65141
division (C)(4) of section 4715.22 of the Revised Code.	65142

(G) "Facility" means any of the following:

65143

(1) A health care facility, as defined in section 4715.22 of	65144
the Revised Code;	65145

(2) A state correctional institution, as defined in section	65146
2967.01 of the Revised Code;	65147

(3) A comprehensive child development program that receives	65148
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	65149
42 U.S.C. 9831, as amended, and is licensed as a child day-care	65150
center;	65151

(4) A residential facility licensed under section 5123.19 of	65152
the Revised Code;	65153

(5) A public school, as defined in section 3701.93 of the	65154
Revised Code, located in an area designated as a dental health	65155
resource shortage area pursuant to section 3702.87 of the Revised	65156
Code;	65157

(6) A nonpublic school, as defined in section 3701.93 of the	65158
Revised Code, located in an area designated as a dental health	65159
resource shortage area pursuant to section 3702.87 of the Revised	65160
Code;	65161

(7) A federally qualified health center or federally	65162
qualified health center look-alike, as defined in section 3701.047	65163
of the Revised Code;	65164

(8) A shelter for victims of domestic violence, as defined in	65165
section 3113.33 of the Revised Code;	65166

(9) A facility operated by the department of youth services	65167
under Chapter 5139. of the Revised Code;	65168

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	65169
~~the Revised Code;~~	65170

~~(11)~~ A foster home, as defined in section 5103.02 of the	65171
Revised Code;	65172

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	65173
the Revised Code;	65174

~~(13)~~(12) The residence of one or more individuals receiving	65175
services provided by a home health agency, as defined in section	65176
5101.61 of the Revised Code;	65177

~~(14)~~(13) A dispensary;

65178

~~(15)~~(14) A health care facility, such as a clinic or	65179
hospital, of the United States department of veterans affairs;	65180

~~(16)~~(15) The residence of one or more individuals enrolled in	65181
a home and community-based services medicaid waiver component, as	65182
defined in section ~~5111.851~~5166.01 of the Revised Code;	65183

~~(17)~~(16) A facility operated by the board of health of a city	65184
or general health district or the authority having the duties of a	65185
board of health under section 3709.05 of the Revised Code;	65186

~~(18)~~(17) A women, infants, and children clinic;

65187

~~(19)~~(18) A mobile dental unit located at any location listed	65188
in divisions (G)(1) to ~~(18)~~(17) of this section;	65189

~~(20)~~(19) Any other location, as specified by the state dental	65190
board in rules adopted under section 4715.372 of the Revised Code,	65191
that is in an area designated as a dental health resource shortage	65192
area pursuant to section 3702.87 of the Revised Code and provides	65193
health care services to individuals who are medicaid recipients of	65194
~~medical assistance under the medicaid program established pursuant~~	65195
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	65196
persons, as defined in section 2305.234 of the Revised Code.	65197

Sec. 4715.372. (A) The state dental board shall adopt rules	65198
in accordance with Chapter 119. of the Revised Code as necessary	65199
to implement the oral health access supervision program, including	65200
rules that do all of the following:	65201

(1) For the purpose of division (G)~~(20)~~(19) of section	65202
4715.36 of the Revised Code, designate additional facilities at	65203
which a dental hygienist may be authorized to perform dental	65204
hygiene services under the oral health access supervision program;	65205

(2) For the purpose of section 4715.362 of the Revised Code,	65206
prescribe the application form and requirements for obtaining an	65207
oral health access supervision permit;	65208

(3) For the purpose of section 4715.363 of the Revised Code,	65209
prescribe the application form for a permit to practice as a	65210
dental hygienist under the oral health access supervision of a	65211
dentist;	65212

(4) For the purpose of division (B)(3) of section 4715.363 of	65213
the Revised Code and subject to division (B) of this section,	65214
establish standards for the course in the practice of dental	65215
hygiene under oral health access supervision;	65216

(5) For the purpose of section 4715.369 of the Revised Code,	65217
prescribe the form for renewal of an oral health access	65218
supervision permit;	65219

(6) For the purpose of section 4715.37 of the Revised Code,	65220
prescribe the form for renewal of a permit to practice as a dental	65221
hygienist under the oral health access supervision of a dentist.	65222

(B) The course in the practice of dental hygiene under oral	65223
health access supervision for which the board establishes	65224
standards under division (A)(4) of this section shall meet all of	65225
the following requirements:	65226

(1) Be eight hours in length;

65227

(2) Include, at a minimum, instruction in both of the	65228
following:	65229

(a) The treatment of geriatric patients, medically	65230
compromised patients, developmentally disabled patients, and	65231
pediatric patients;	65232

(b) Recordkeeping practices.

65233

(3) Be developed and offered by an institution accredited by	65234
the American dental association commission on dental accreditation	65235
or a program provided by a sponsor of continuing education	65236
approved by the board;	65237

(4) Include content that is separate and independent from the	65238
course content required for the completion of dental hygiene	65239
education from an accredited dental hygiene school.	65240

Sec. 4717.03. (A) Members of the board of embalmers and	65241
funeral directors shall annually in July, or within thirty days	65242
after the senate's confirmation of the new members appointed in	65243
that year, meet and organize by selecting from among its members a	65244
president, vice-president, and secretary-treasurer. The board may	65245
hold other meetings as it determines necessary. A quorum of the	65246
board consists of four members, of whom at least three shall be	65247
members who are embalmers and funeral directors. The concurrence	65248
of at least four members is necessary for the board to take any	65249
action. The president and secretary-treasurer shall sign all	65250
licenses issued under this chapter and affix the board's seal to	65251
each license.	65252

(B) The board may appoint an individual who is not a member	65253
of the board to serve as executive director of the board. The	65254
executive director serves at the pleasure of the board and shall	65255
do all of the following:	65256

(1) Serve as the board's chief administrative officer;

65257

(2) Act as custodian of the board's records;

65258

(3) Execute all of the board's orders;

65259

(4) Employ staff who are not members of the board and who	65260
serve at the pleasure of the executive director to provide any	65261
assistance that the board considers necessary.	65262

(C) In executing the board's orders as required by division	65263
(B)(3) of this section, the executive director may enter the	65264
premises, establishment, office, or place of business of any	65265
embalmer, funeral director, or operator of a crematory facility in	65266
this state. The executive director may serve and execute any	65267
process issued by any court under this chapter..	65268

~~(C) The board may employ clerical or technical staff who are~~	65269
~~not members of the board and who serve at the pleasure of the~~	65270
~~board to provide any clerical or technical assistance the board~~	65271
~~considers necessary.~~(D) The ~~board~~executive director may employ	65272
necessary inspectors, who shall be licensed embalmers and funeral	65273
directors. ~~Any~~An inspector employed by the ~~board~~executive	65274
director may enter the premises, establishment, office, or place	65275
of business of any embalmer, funeral director, or operator of a	65276
crematory facility in this state, for the purposes of inspecting	65277
the facility and premises; the license and registration of	65278
embalmers and funeral directors operating in the facility; and the	65279
license of the funeral home, embalming facility, or crematory~~. The~~	65280
~~inspector shall serve and execute any process issued by any court~~	65281
~~under this chapter, serve and execute any papers or process issued~~	65282
~~by the board or any officer or member of the board,~~facility and	65283
perform any other duties delegated to the inspector by the board	65284
or assigned to the inspector by the executive director. The	65285
executive director may enter the facility or premises of a funeral	65286
home, embalming facility, or crematory for the purpose of an	65287
inspection if accompanied by an inspector or, if an inspector is	65288
not available, when a situation presents a danger of immediate and	65289
serious harm to the public.	65290

~~(D)~~(E) The president of the board shall designate three of	65291
~~its~~the board's members to serve on the crematory review board,	65292
which is hereby created, for such time as the president finds	65293
appropriate to carry out the provisions of this chapter. Those	65294
members of the crematory review board designated by the president	65295
to serve and three members designated by the cemetery dispute	65296
resolution commission shall designate, by a majority vote, one	65297
person who is experienced in the operation of a crematory facility	65298
and who is not affiliated with a cemetery or a funeral home to	65299
serve on the crematory review board for such time as the crematory	65300
review board finds appropriate. Members serving on the crematory	65301
review board shall not receive any additional compensation for	65302
serving on the board, but may be reimbursed for their actual and	65303
necessary expenses incurred in the performance of official duties	65304
as members of the board. Members of the crematory review board	65305
shall designate one from among its members to serve as a	65306
chairperson for such time as the board finds appropriate. Costs	65307
associated with conducting an adjudicatory hearing in accordance	65308
with division ~~(E)~~(F) of this section shall be paid from funds	65309
available to the board of embalmers and funeral directors.	65310

~~(E)~~(F) Upon receiving written notice from the board of	65311
embalmers and funeral directors of any of the following, the	65312
crematory review board shall conduct an adjudicatory hearing on	65313
the matter in accordance with Chapter 119. of the Revised Code,	65314
except as otherwise provided in this section or division (C) of	65315
section 4717.14 of the Revised Code:	65316

(1) Notice provided under division ~~(H)~~(I) of this section of	65317
an alleged violation of any provision of this chapter or any rules	65318
adopted under this chapter governing or in connection with	65319
crematory facilities or cremation;	65320

(2) Notice provided under division (B) of section 4717.14 of	65321
the Revised Code that the board of embalmers and funeral directors	65322
proposes to refuse to grant or renew, or to suspend or revoke, a	65323
license to operate a crematory facility;	65324

(3) Notice provided under division (C) of section 4717.14 of	65325
the Revised Code that the board of embalmers and funeral directors	65326
has issued an order summarily suspending a license to operate a	65327
crematory facility;	65328

(4) Notice provided under division (B) of section 4717.15 of	65329
the Revised Code that the board of embalmers and funeral directors	65330
proposes to issue a notice of violation and order requiring	65331
payment of a forfeiture for any violation described in divisions	65332
(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in	65333
connection with a crematory facility or cremation.	65334

Nothing in division ~~(E)~~(F) of this section precludes the	65335
crematory review board from appointing an independent examiner in	65336
accordance with section 119.09 of the Revised Code to conduct any	65337
adjudication hearing required under division ~~(E)~~(F) of this	65338
section.	65339

The crematory review board shall submit a written report of	65340
findings and advisory recommendations, and a written transcript of	65341
its proceedings, to the board of embalmers and funeral directors.	65342
The board of embalmers and funeral directors shall serve a copy of	65343
the written report of the crematory review board's findings and	65344
advisory recommendations on the party to the adjudication or the	65345
party's attorney, by certified mail, within five days after	65346
receiving the report and advisory recommendations. A party may	65347
file objections to the written report with the board of embalmers	65348
and funeral directors within ten days after receiving the report.	65349
No written report is final or appealable until it is issued as a	65350
final order by the board of embalmers and funeral directors and	65351
entered on the record of the proceedings. The board of embalmers	65352
and funeral directors shall consider objections filed by the party	65353
prior to issuing a final order. After reviewing the findings and	65354
advisory recommendations of the crematory review board, the	65355
written transcript of the crematory review board's proceedings,	65356
and any objections filed by a party, the board of embalmers and	65357
funeral directors shall issue a final order in the matter. Any	65358
party may appeal the final order issued by the board of embalmers	65359
and funeral directors in a matter described in divisions ~~(E)~~(F)(1)	65360
to (4) of this section in accordance with section 119.12 of the	65361
Revised Code, except that the appeal may be made to the court of	65362
common pleas in the county in which is located the crematory	65363
facility to which the final order pertains, or in the county in	65364
which the party resides.	65365

~~(F)~~(G) On its own initiative or on receiving a written	65366
complaint from any person whose identity is made known to the	65367
board of embalmers and funeral directors, the board shall	65368
investigate the acts or practices of any person holding or	65369
claiming to hold a license or registration under this chapter	65370
that, if proven to have occurred, would violate this chapter or	65371
any rules adopted under it. The board may compel witnesses by	65372
subpoena to appear and testify in relation to investigations	65373
conducted under this chapter and may require by subpoena duces	65374
tecum the production of any book, paper, or document pertaining to	65375
an investigation. If a person does not comply with a subpoena or	65376
subpoena duces tecum, the board may apply to the court of common	65377
pleas of any county in this state for an order compelling the	65378
person to comply with the subpoena or subpoena duces tecum, or for	65379
failure to do so, to be held in contempt of court.	65380

~~(G)~~(H) If, as a result of its investigation conducted under	65381
division ~~(F)~~(G) of this section, the board of embalmers and	65382
funeral directors has reasonable cause to believe that the person	65383
investigated is violating any provision of this chapter or any	65384
rules adopted under this chapter governing or in connection with	65385
embalming, funeral directing, funeral homes, embalming facilities,	65386
or the operation of funeral homes or embalming facilities, it may,	65387
after providing the opportunity for an adjudicatory hearing, issue	65388
an order directing the person to cease the acts or practices that	65389
constitute the violation. The board shall conduct the adjudicatory	65390
hearing in accordance with Chapter 119. of the Revised Code except	65391
that, notwithstanding the provisions of that chapter, the	65392
following shall apply:	65393

(1) The board shall send the notice informing the person of	65394
the person's right to a hearing by certified mail.	65395

(2) The person is entitled to a hearing only if the person	65396
requests a hearing and if the board receives the request within	65397
thirty days after the mailing of the notice described in division	65398
~~(G)~~(H)(1) of this section.	65399

(3) A stenographic record shall be taken, in the manner	65400
prescribed in section 119.09 of the Revised Code, at every	65401
adjudicatory hearing held under this section, regardless of	65402
whether the record may be the basis of an appeal to a court.	65403

~~(H)~~(I) If, as a result of its investigation conducted under	65404
division ~~(F)~~(G) of this section, the board of embalmers and	65405
funeral directors has reasonable cause to believe that the person	65406
investigated is violating any provision of this chapter or any	65407
rules adopted under this chapter governing or in connection with	65408
crematory facilities or cremation, the board shall send written	65409
notice of the alleged violation to the crematory review board. If,	65410
after the conclusion of the adjudicatory hearing in the matter	65411
conducted under division ~~(E)~~(F) of this section, the board of	65412
embalmers and funeral directors finds that a person is in	65413
violation of any provision of this chapter or any rules adopted	65414
under this chapter governing or in connection with crematory	65415
facilities or cremation, the board may issue a final order under	65416
that division directing the person to cease the acts or practices	65417
that constitute the violation.	65418

~~(I)~~(J) The board of embalmers and funeral directors may bring	65419
a civil action to enjoin any violation or threatened violation of	65420
sections 4717.01 to 4717.15 of the Revised Code or a rule adopted	65421
under any of those sections; division (A) or (B) of section	65422
4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or	65423
(F)(1) or (2), or divisions (H) to (K) of section 4717.26;	65424
division (D)(1) of section 4717.27; divisions (A) to (C) of	65425
section 4717.28, or division (D) or (E) of section 4717.31 of the	65426
Revised Code. The action shall be brought in the county where the	65427
violation occurred or the threatened violation is expected to	65428
occur. At the request of the board, the attorney general shall	65429
represent the board in any matter arising under this chapter.	65430

~~(J)~~(K) The board of embalmers and funeral directors and the	65431
crematory review board may issue subpoenas for funeral directors	65432
and embalmers or persons holding themselves out as such, for	65433
operators of crematory facilities or persons holding themselves	65434
out as such, or for any other person whose testimony, in the	65435
opinion of either board, is necessary. The subpoena shall require	65436
the person to appear before the appropriate board or any	65437
designated member of either board, upon any hearing conducted	65438
under this chapter. The penalty for disobedience to the command of	65439
such a subpoena is the same as for refusal to answer such a	65440
process issued under authority of the court of common pleas.	65441

~~(K)~~(L) All moneys received by the board of embalmers and	65442
funeral directors from any source shall be deposited in the state	65443
treasury to the credit of the occupational licensing and	65444
regulatory fund created in section 4743.05 of the Revised Code.	65445

~~(L)~~(M) The board of embalmers and funeral directors shall	65446
submit a written report to the governor on or before the first	65447
Monday of July of each year. This report shall contain a detailed	65448
statement of the nature and amount of the board's receipts and the	65449
amount and manner of its expenditures.	65450

Sec. 4717.06. (A)(1) Any person who desires to obtain a	65451
license to operate a funeral home, embalming facility, or	65452
crematory facility shall apply to the board of embalmers and	65453
funeral directors on a form provided by the board. The application	65454
shall include the initial license fee set forth in section 4717.07	65455
of the Revised Code and proof satisfactory to the board that the	65456
funeral home, embalming facility, or crematory facility is in	65457
compliance with rules adopted by the board under section 4717.04	65458
of the Revised Code, rules adopted by the board of building	65459
standards under Chapter 3781. of the Revised Code, and all other	65460
federal, state, and local requirements relating to the safety of	65461
the premises.	65462

(2) If the funeral home, embalming facility, or crematory	65463
facility to which the license application pertains is owned by a	65464
corporation or limited liability company, the application shall	65465
include the name and address of the corporation's or limited	65466
liability company's statutory agent appointed under section	65467
1701.07 or 1705.06 of the Revised Code or, in the case of a	65468
foreign corporation, the corporation's designated agent appointed	65469
under section 1703.041 of the Revised Code. If the funeral home,	65470
embalming facility, or crematory facility to which the application	65471
pertains is owned by a partnership, the application shall include	65472
the name and address of each of the partners. If, at any time	65473
after the submission of a license application or issuance of a	65474
license, the statutory or designated agent of a corporation or	65475
limited liability company owning a funeral home, embalming	65476
facility, or crematory facility or the address of the statutory or	65477
designated agent changes or, in the case of a partnership, any of	65478
the partners of the funeral home, embalming facility, or crematory	65479
facility or the address of any of the partners changes, the	65480
applicant for or holder of the license to operate the funeral	65481
home, embalming facility, or crematory facility shall submit	65482
written notice to the board, within thirty days after the change,	65483
informing the board of the change and of any name or address of a	65484
statutory or designated agent or partner that has changed from	65485
that contained in the application for the license or the most	65486
recent notice submitted under division (A)(2) of this section.	65487

(B)(1) The board shall issue a license to operate a funeral	65488
home only for the address at which the funeral home is operated.	65489
The funeral home license and licenses of the embalmers and funeral	65490
directors employed by the funeral home shall be displayed in a	65491
conspicuous place within the funeral home.	65492

(2) The funeral home shall have on the premises one of the	65493
following:	65494

(a) If embalming will take place at the funeral home, an	65495
embalming room that is adequately equipped and maintained. The	65496
embalming room shall be kept in a clean and sanitary manner and	65497
used only for the embalming, preparation, or holding of dead human	65498
bodies. The embalming room shall contain only the articles,	65499
facilities, and instruments necessary for those purposes.	65500

(b) If embalming will not take place at the funeral home, a	65501
holding room that is adequately equipped and maintained. The	65502
holding room shall be kept in a clean and sanitary manner and used	65503
only for the preparation, other than embalming, and holding of	65504
dead human bodies. The holding room shall contain only the	65505
articles and facilities necessary for those purposes.	65506

(3) Except as provided in division (B) of section 4717.11 of	65507
the Revised Code, a funeral home shall be established and operated	65508
only under the name of a holder of a funeral director's license	65509
issued by the board who is actually in charge of and ultimately	65510
responsible for the funeral home, and a funeral home license shall	65511
not include directional or geographical references in the name of	65512
the funeral home. The holder of the funeral home license shall be	65513
a funeral director licensed under this chapter who is actually in	65514
charge of and ultimately responsible for the funeral home. Nothing	65515
in division (B)(3) of this section prohibits the holder of a	65516
funeral home license from including directional or geographical	65517
references in promotional or advertising materials identifying the	65518
location of the funeral home.	65519

(4) Each funeral home shall be directly supervised by a	65520
funeral director licensed under this chapter, who ~~shall~~may	65521
supervise ~~only~~more than one funeral home.	65522

(C)(1) The board shall issue a license to operate an	65523
embalming facility only for the address at which the embalming	65524
facility is operated. The license shall be displayed in a	65525
conspicuous place within the facility.	65526

(2) The embalming facility shall be adequately equipped and	65527
maintained in a sanitary manner. The embalming room at such a	65528
facility shall contain only the articles, facilities, and	65529
instruments necessary for its stated purpose. The embalming room	65530
shall be kept in a clean and sanitary condition and used only for	65531
the care and preparation of dead human bodies.	65532

(3) An embalming facility license shall be issued only to an	65533
embalmer licensed under division (B) of section 4717.05 of the	65534
Revised Code, who is actually in charge of the facility.	65535

(D)(1) The board shall issue a license to operate a crematory	65536
facility only for the address at which the crematory facility is	65537
located and operated. The license shall be displayed in a	65538
conspicuous place within the crematory facility.	65539

(2) The crematory facility shall be adequately equipped and	65540
maintained in a clean and sanitary manner. The crematory facility	65541
may be located in a funeral home, embalming facility, cemetery	65542
building, or other building in which the crematory facility may	65543
lawfully operate. If a crematory facility engages in the cremation	65544
of animals, the crematory facility shall cremate animals in a	65545
cremation chamber that also is not used to cremate dead human	65546
bodies or human body parts and shall not cremate animals in a	65547
cremation chamber used for the cremation of dead human bodies and	65548
human body parts. Cremation chambers that are used for the	65549
cremation of dead human bodies or human body parts and cremation	65550
chambers used for the cremation of animals may be located in the	65551
same area.	65552

(3) A license to operate a crematory facility shall be issued	65553
to the person actually in charge of the crematory facility. This	65554
section does not require the individual who is actually in charge	65555
of the crematory facility to be an embalmer or funeral director	65556
licensed under this chapter.	65557

(4) Nothing in this section or rules adopted under section	65558
4717.04 of the Revised Code precludes the establishment and	65559
operation of a crematory facility on or adjacent to the property	65560
on which a cemetery, funeral home, or embalming facility is	65561
located.	65562

Sec. 4717.07. (A) The board of embalmers and funeral	65563
directors shall charge and collect the following fees:	65564

(1) For the initial issuance or biennial renewal of an	65565
embalmer's or funeral director's license, one hundred ~~forty~~fifty	65566
dollars;	65567

(2) For the issuance of an embalmer or funeral director	65568
registration, twenty-five dollars;	65569

(3) For filing an embalmer or funeral director certificate of	65570
apprenticeship, ten dollars;	65571

(4) For the application to take the examination for a license	65572
to practice as an embalmer or funeral director, or to retake a	65573
section of the examination, thirty-five dollars;	65574

(5) For the initial issuance of a license to operate a	65575
funeral home, ~~two~~three hundred fifty dollars and biennial renewal	65576
of a license to operate a funeral home, ~~two~~three hundred fifty	65577
dollars;	65578

(6) For the reinstatement of a lapsed embalmer's or funeral	65579
director's license, the renewal fee prescribed in division (A)(1)	65580
of this section plus fifty dollars for each month or portion of a	65581
month the license is lapsed ~~until reinstatement~~, but not more than	65582
one thousand dollars;	65583

(7) For the reinstatement of a lapsed license to operate a	65584
funeral home, the renewal fee prescribed in division (A)(5) of	65585
this section plus fifty dollars for each month or portion of a	65586
month the license is lapsed until reinstatement;	65587

(8) For the initial issuance of a license to operate an	65588
embalming facility, ~~two~~three hundred fifty dollars and biennial	65589
renewal of a license to operate an embalming facility, ~~two~~three	65590
hundred fifty dollars;	65591

(9) For the reinstatement of a lapsed license to operate an	65592
embalming facility, the renewal fee prescribed in division (A)(8)	65593
of this section plus fifty dollars for each month or portion of a	65594
month the license is lapsed until reinstatement;	65595

(10) For the initial issuance of a license to operate a	65596
crematory facility, ~~two~~three hundred fifty dollars and biennial	65597
renewal of a license to operate a crematory facility, ~~two~~three	65598
hundred fifty dollars;	65599

(11) For the reinstatement of a lapsed license to operate a	65600
crematory facility, the renewal fee prescribed in division (A)(10)	65601
of this section plus fifty dollars for each month or portion of a	65602
month the license is lapsed until reinstatement;	65603

(12) For the issuance of a duplicate of a license issued	65604
under this chapter, ~~four~~ten dollars.	65605

(B) In addition to the fees set forth in division (A) of this	65606
section, an applicant shall pay the examination fee assessed by	65607
any examining agency the board uses for any section of an	65608
examination required under this chapter.	65609

(C) Subject to the approval of the controlling board, the	65610
board of embalmers and funeral directors may establish fees in	65611
excess of the amounts set forth in this section, provided that	65612
these fees do not exceed the amounts set forth in this section by	65613
more than fifty per cent.	65614

Sec. 4717.10. (A) The board of embalmers and funeral	65615
directors may recognize licenses issued to embalmers and funeral	65616
directors by other states, and upon presentation of such licenses,	65617
may issue to the holder an embalmer's or funeral director's	65618
license under this chapter. The board shall charge the same fee as	65619
prescribed in section 4717.07 of the Revised Code to issue or	65620
renew such an embalmer's or funeral director's license. Such	65621
licenses shall be renewed ~~annually~~biennially as provided in	65622
section 4717.08 of the Revised Code. The board shall not issue a	65623
license to any person under this section unless the applicant	65624
proves that the applicant, in the state in which the applicant is	65625
licensed, has complied with requirements substantially equal to	65626
those established in section 4717.05 of the Revised Code.	65627

(B) The board of embalmers and funeral directors may issue	65628
courtesy cards. A courtesy cardholder shall be authorized to	65629
undertake both the following acts in this state:	65630

(1) Prepare and complete those sections of a death	65631
certificate and other permits needed for disposition of deceased	65632
human remains in this state and sign and file such death	65633
certificates and permits;	65634

(2) Supervise and conduct funeral ceremonies and interments	65635
in this state.	65636

(C) The board of embalmers and funeral directors may	65637
determine under what conditions a courtesy card may be issued to	65638
funeral directors in bordering states after taking into account	65639
whether and under what conditions and fees such border states	65640
issue similar courtesy cards to funeral directors licensed in this	65641
state. Applicants for courtesy cards shall apply on forms	65642
prescribed by the board, pay ~~an annual~~a biennial fee set by the	65643
board for initial applications and renewals, and adhere to such	65644
other requirements imposed by the board on courtesy cardholders.	65645

(D) No courtesy cardholder shall be authorized to undertake	65646
any of the following activities in this state:	65647

(1) Arranging funerals or disposition services with members	65648
of the public in this state;	65649

(2) Be employed by or under contract to a funeral home	65650
licensed in this state to perform funeral services in this state;	65651

(3) Advertise funeral or disposition services in this state;

65652

(4) Enter into or execute funeral or disposition contracts in	65653
this state;	65654

(5) Prepare or embalm deceased human remains in this state;

65655

(6) Arrange for or carry out the disinterment of human	65656
remains in this state.	65657

(E) As used in this section, "courtesy card" means a special	65658
permit that may be issued to a funeral director licensed in a	65659
state that borders this state and who does not hold a funeral	65660
director's license under this chapter.	65661

Sec. 4717.14. (A) The board of embalmers and funeral	65662
directors may refuse to grant or renew, or may suspend or revoke,	65663
any license issued under this chapter or may require the holder of	65664
a license to take corrective action courses for any of the	65665
following reasons:	65666

(1) The license was obtained by fraud or misrepresentation	65667
either in the application or in passing the examination.	65668

(2) The applicant or licensee has been convicted of or has	65669
pleaded guilty to a felony or of any crime involving moral	65670
turpitude.	65671

(3) The applicant or licensee has purposely violated any	65672
provision of sections 4717.01 to 4717.15 or a rule adopted under	65673
any of those sections; division (A) or (B) of section 4717.23;	65674
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	65675
or divisions (H) to (K) of section 4717.26; division (D)(1) of	65676
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	65677
Revised Code; any rule or order of the department of health or a	65678
board of health of a health district governing the disposition of	65679
dead human bodies; or any other rule or order applicable to the	65680
applicant or licensee.	65681

(4) The applicant or licensee has committed immoral or	65682
unprofessional conduct.	65683

(5) The applicant or licensee knowingly permitted an	65684
unlicensed person, other than a person serving an apprenticeship,	65685
to engage in the profession or business of embalming or funeral	65686
directing under the applicant's or licensee's supervision.	65687

(6) The applicant or licensee has been habitually	65688
intoxicated, or is addicted to the use of morphine, cocaine, or	65689
other habit-forming or illegal drugs.	65690

(7) The applicant or licensee has refused to promptly submit	65691
the custody of a dead human body upon the express order of the	65692
person legally entitled to the body.	65693

(8) The licensee loaned the licensee's own license, or the	65694
applicant or licensee borrowed or used the license of another	65695
person, or knowingly aided or abetted the granting of an improper	65696
license.	65697

(9) The applicant or licensee transferred a license to	65698
operate a funeral home, embalming facility, or crematory from one	65699
owner or operator to another, or from one location to another,	65700
without notifying the board.	65701

(10) The applicant or licensee misled the public by using	65702
false or deceptive advertising.	65703

(B)(1) The board of embalmers and funeral directors shall	65704
refuse to grant or renew, or shall suspend or revoke, an	65705
embalmer's, funeral director's, funeral home, or embalming	65706
facility license only in accordance with Chapter 119. of the	65707
Revised Code.	65708

(2) The board shall send to the crematory review board	65709
written notice that it proposes to refuse to issue or renew, or	65710
proposes to suspend or revoke, a license to operate a crematory	65711
facility. If, after the conclusion of the adjudicatory hearing on	65712
the matter conducted under division ~~(E)~~(F) of section 4717.03 of	65713
the Revised Code, the board of embalmers and funeral directors	65714
finds that any of the circumstances described in divisions (A)(1)	65715
to (10) of this section apply to the person named in its proposed	65716
action, the board may issue a final order under division ~~(E)~~(F) of	65717
section 4717.03 of the Revised Code refusing to issue or renew, or	65718
suspending or revoking, the person's license to operate a	65719
crematory facility.	65720

(C) If the board of embalmers and funeral directors	65721
determines that there is clear and convincing evidence that any of	65722
the circumstances described in divisions (A)(1) to (10) of this	65723
section apply to the holder of a license issued under this chapter	65724
and that the licensee's continued practice presents a danger of	65725
immediate and serious harm to the public, the board may suspend	65726
the licensee's license without a prior adjudicatory hearing. The	65727
executive director of the board shall prepare written allegations	65728
for consideration by the board.	65729

The board, after reviewing the written allegations, may	65730
suspend a license without a prior hearing.	65731

The board shall issue a written order of suspension by a	65732
delivery system or in person in accordance with section 119.07 of	65733
the Revised Code. Such an order is not subject to suspension by	65734
the court during the pendency of any appeal filed under section	65735
119.12 of the Revised Code. If the holder of an embalmer's,	65736
funeral director's, funeral home, or embalming facility license	65737
requests an adjudicatory hearing by the board, the date set for	65738
the hearing shall be within fifteen days, but not earlier than	65739
seven days, after the licensee has requested a hearing, unless the	65740
board and the licensee agree to a different time for holding the	65741
hearing.	65742

Upon issuing a written order of suspension to the holder of a	65743
license to operate a crematory facility, the board of embalmers	65744
and funeral directors shall send written notice of the issuance of	65745
the order to the crematory review board. The crematory review	65746
board shall hold an adjudicatory hearing on the order under	65747
division ~~(E)~~(F) of section 4717.03 of the Revised Code within	65748
fifteen days, but not earlier than seven days, after the issuance	65749
of the order, unless the crematory review board and the licensee	65750
agree to a different time for holding the adjudicatory hearing.	65751

Any summary suspension imposed under this division shall	65752
remain in effect, unless reversed on appeal, until a final	65753
adjudicatory order issued by the board of embalmers and funeral	65754
directors pursuant to this division and Chapter 119. of the	65755
Revised Code, or division ~~(E)~~(F) of section 4717.03 of the Revised	65756
Code, as applicable, becomes effective. The board of embalmers and	65757
funeral directors shall issue its final adjudicatory order within	65758
sixty days after the completion of its hearing or, in the case of	65759
the summary suspension of a license to operate a crematory	65760
facility, within sixty days after completion of the adjudicatory	65761
hearing by the crematory review board. A failure to issue the	65762
order within that time results in the dissolution of the summary	65763
suspension order, but does not invalidate any subsequent final	65764
adjudicatory order.	65765

(D) If the board of embalmers and funeral directors suspends	65766
or revokes a license held by a funeral director or a funeral home	65767
for any reason identified in division (A) of this section, the	65768
board may file a complaint with the court of common pleas in the	65769
county where the violation occurred requesting appointment of a	65770
receiver and the sequestration of the assets of the funeral home	65771
that held the suspended or revoked license or the licensed funeral	65772
home that employs the funeral director that held the suspended or	65773
revoked license. If the court of common pleas is satisfied with	65774
the application for a receivership, the court may appoint a	65775
receiver.	65776

The board or a receiver may employ and procure whatever	65777
assistance or advice is necessary in the receivership or	65778
liquidation and distribution of the assets of the funeral home,	65779
and, for that purpose, may retain officers or employees of the	65780
funeral home as needed. All expenses of the receivership or	65781
liquidation shall be paid from the assets of the funeral home and	65782
shall be a lien on those assets, and that lien shall be a priority	65783
to any other lien.	65784

(E) Any holder of a license issued under this chapter who has	65785
pleaded guilty to, has been found by a judge or jury to be guilty	65786
of, or has had a judicial finding of eligibility for treatment in	65787
lieu of conviction entered against the individual in this state	65788
for aggravated murder, murder, voluntary manslaughter, felonious	65789
assault, kidnapping, rape, sexual battery, gross sexual	65790
imposition, aggravated arson, aggravated robbery, or aggravated	65791
burglary, or who has pleaded guilty to, has been found by a judge	65792
or jury to be guilty of, or has had a judicial finding of	65793
eligibility for treatment in lieu of conviction entered against	65794
the individual in another jurisdiction for any substantially	65795
equivalent criminal offense, is hereby suspended from practice	65796
under this chapter by operation of law, and any license issued to	65797
the individual under this chapter is hereby suspended by operation	65798
of law as of the date of the guilty plea, verdict or finding of	65799
guilt, or judicial finding of eligibility for treatment in lieu of	65800
conviction, regardless of whether the proceedings are brought in	65801
this state or another jurisdiction. The board shall notify the	65802
suspended individual of the suspension of the individual's license	65803
by the operation of this division by a delivery system or in	65804
person in accordance with section 119.07 of the Revised Code. If	65805
an individual whose license is suspended under this division fails	65806
to make a timely request for an adjudicatory hearing, the board	65807
shall enter a final order revoking the license.	65808

(F) No person whose license has been suspended or revoked	65809
under or by the operation of this section shall practice embalming	65810
or funeral directing or operate a funeral home, embalming	65811
facility, or crematory facility until the board has reinstated the	65812
person's license.	65813

Sec. 4717.15. (A) The board of embalmers and funeral	65814
directors, without the necessity for conducting a prior	65815
adjudication hearing, may issue a notice of violation to the	65816
holder of an embalmer's, funeral director's, funeral home, or	65817
embalming facility license issued under this chapter who the board	65818
finds has committed any of the violations described in divisions	65819
(A)(9)(a) to (g) of section 4717.04 of the Revised Code. The	65820
notice shall set forth the specific violation committed by the	65821
licensee and shall be sent by certified mail. The notice shall be	65822
accompanied by an order requiring the payment of the appropriate	65823
forfeiture prescribed in rules adopted under division (A)(9) of	65824
section 4717.04 of the Revised Code and by a notice informing the	65825
licensee that the licensee is entitled to an adjudicatory hearing	65826
on the notice of violation and order if the licensee requests a	65827
hearing and if the board receives the request within thirty days	65828
after the mailing of the notice of violation and order. The board	65829
shall conduct any such adjudicatory hearing in accordance with	65830
Chapter 119. of the Revised Code, except as otherwise provided in	65831
this division.	65832

A licensee who receives a notice of violation and order under	65833
this division shall pay to the executive director of the board the	65834
full amount of the forfeiture by certified check within thirty	65835
days after the notice of violation and order were mailed to the	65836
licensee unless, within that time, the licensee submits a request	65837
for an adjudicatory hearing on the notice of violation and order.	65838
If such a request for an adjudicatory hearing is timely filed, the	65839
licensee need not pay the forfeiture to the executive director	65840
until after a final, nonappealable administrative or judicial	65841
decision is rendered on the order requiring payment of the	65842
forfeiture. If a final nonappealable administrative or judicial	65843
decision is rendered affirming the board's order, the licensee	65844
shall pay to the executive director of the board the full amount	65845
of the forfeiture by certified check within thirty days after	65846
notice of the decision was sent to the licensee. A forfeiture is	65847
considered to be paid when the licensee's certified check is	65848
received by the executive director in Columbus. If the licensee	65849
fails to so pay the full amount of the forfeiture to the executive	65850
director within that time, the board shall issue an order	65851
suspending or revoking the individual's license, as the board	65852
considers appropriate.	65853

(B) The board shall send to the crematory review board	65854
written notice that it proposes to issue to the holder of a	65855
license to operate a crematory facility issued under this chapter	65856
a notice of violation and order requiring payment of a forfeiture	65857
specified in rules adopted under division (A)(9) of section	65858
4717.04 of the Revised Code. If, after the conclusion of the	65859
adjudicatory hearing on the matter conducted under division ~~(E)~~(F)	65860
of section 4717.03 of the Revised Code, the board of embalmers and	65861
funeral directors finds that the licensee has committed any of the	65862
violations described in divisions (A)(9)(a) to (g) of section	65863
4717.04 of the Revised Code in connection with the operation of a	65864
crematory facility or cremation, the board of embalmers and	65865
funeral directors may issue a final order under division ~~(E)~~(F) of	65866
section 4717.03 of the Revised Code requiring payment of the	65867
appropriate forfeiture specified in rules adopted under division	65868
(A)(9) of section 4717.04 of the Revised Code. A licensee who	65869
receives such an order shall pay the full amount of the forfeiture	65870
to the executive director by certified check within thirty days	65871
after the order was sent to the licensee unless, within that time,	65872
the licensee files a notice of appeal in accordance with division	65873
~~(E)~~(F) of section 4717.03 and section 119.12 of the Revised Code.	65874
If such a notice of appeal is timely filed, the licensee need not	65875
pay the forfeiture to the executive director until after a final,	65876
nonappealable judicial decision is rendered in the appeal. If a	65877
final, nonappealable judicial decision is rendered affirming the	65878
board's order, the licensee shall pay to the executive director	65879
the full amount of the forfeiture by certified check within thirty	65880
days after notice of the decision was sent to the licensee. A	65881
forfeiture is considered paid when the licensee's certified check	65882
is received by the executive director in Columbus. If the licensee	65883
fails to so pay the full amount of the forfeiture to the executive	65884
director within that time, the board shall issue an order	65885
suspending or revoking the individual's license, as the board	65886
considers appropriate.	65887

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	65888
the Revised Code:	65889

(1) "Affiliate" means a business entity that is owned by,	65890
operated by, controlled by, or under common control with another	65891
business entity.	65892

(2) "Communication" means a written or oral notification or	65893
advertisement that meets both of the following criteria, as	65894
applicable:	65895

(a) The notification or advertisement is transmitted by or on	65896
behalf of the seller of goods or services and by or through any	65897
printed, audio, video, cinematic, telephonic, or electronic means.	65898

(b) In the case of a notification or advertisement other than	65899
by telephone, either of the following conditions is met:	65900

(i) The notification or advertisement is followed by a	65901
telephone call from a telephone solicitor or salesperson.	65902

(ii) The notification or advertisement invites a response by	65903
telephone, and, during the course of that response, a telephone	65904
solicitor or salesperson attempts to make or makes a sale of goods	65905
or services. As used in division (A)(2)(b)(ii) of this section,	65906
"invites a response by telephone" excludes the mere listing or	65907
inclusion of a telephone number in a notification or	65908
advertisement.	65909

(3) "Gift, award, or prize" means anything of value that is	65910
offered or purportedly offered, or given or purportedly given by	65911
chance, at no cost to the receiver and with no obligation to	65912
purchase goods or services. As used in this division, "chance"	65913
includes a situation in which a person is guaranteed to receive an	65914
item and, at the time of the offer or purported offer, the	65915
telephone solicitor does not identify the specific item that the	65916
person will receive.	65917

(4) "Goods or services" means any real property or any	65918
tangible or intangible personal property, or services of any kind	65919
provided or offered to a person. "Goods or services" includes, but	65920
is not limited to, advertising; labor performed for the benefit of	65921
a person; personal property intended to be attached to or	65922
installed in any real property, regardless of whether it is so	65923
attached or installed; timeshare estates or licenses; and extended	65924
service contracts.	65925

(5) "Purchaser" means a person that is solicited to become or	65926
does become financially obligated as a result of a telephone	65927
solicitation.	65928

(6) "Salesperson" means an individual who is employed,	65929
appointed, or authorized by a telephone solicitor to make	65930
telephone solicitations but does not mean any of the following:	65931

(a) An individual who comes within one of the exemptions in	65932
division (B) of this section;	65933

(b) An individual employed, appointed, or authorized by a	65934
person who comes within one of the exemptions in division (B) of	65935
this section;	65936

(c) An individual under a written contract with a person who	65937
comes within one of the exemptions in division (B) of this	65938
section, if liability for all transactions with purchasers is	65939
assumed by the person so exempted.	65940

(7) "Telephone solicitation" means a communication to a	65941
person that meets both of the following criteria:	65942

(a) The communication is initiated by or on behalf of a	65943
telephone solicitor or by a salesperson.	65944

(b) The communication either represents a price or the	65945
quality or availability of goods or services or is used to induce	65946
the person to purchase goods or services, including, but not	65947
limited to, inducement through the offering of a gift, award, or	65948
prize.	65949

(8) "Telephone solicitor" means a person that engages in	65950
telephone solicitation directly or through one or more	65951
salespersons either from a location in this state, or from a	65952
location outside this state to persons in this state. "Telephone	65953
solicitor" includes, but is not limited to, any such person that	65954
is an owner, operator, officer, or director of, partner in, or	65955
other individual engaged in the management activities of, a	65956
business.	65957

(B) A telephone solicitor is exempt from the provisions of	65958
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	65959
Code if the telephone solicitor is any one of the following:	65960

(1) A person engaging in a telephone solicitation that is a	65961
one-time or infrequent transaction not done in the course of a	65962
pattern of repeated transactions of a like nature;	65963

(2) A person engaged in telephone solicitation solely for	65964
religious or political purposes; a charitable organization,	65965
fund-raising counsel, or professional solicitor in compliance with	65966
the registration and reporting requirements of Chapter 1716. of	65967
the Revised Code; or any person or other entity exempt under	65968
section 1716.03 of the Revised Code from filing a registration	65969
statement under section 1716.02 of the Revised Code;	65970

(3) A person, making a telephone solicitation involving a	65971
home solicitation sale as defined in section 1345.21 of the	65972
Revised Code, that makes the sales presentation and completes the	65973
sale at a later, face-to-face meeting between the seller and the	65974
purchaser rather than during the telephone solicitation. However,	65975
if the person, following the telephone solicitation, causes	65976
another person to collect the payment of any money, this exemption	65977
does not apply.	65978

(4) A licensed securities, commodities, or investment broker,	65979
dealer, investment advisor, or associated person when making a	65980
telephone solicitation within the scope of the person's license.	65981
As used in division (B)(4) of this section, "licensed securities,	65982
commodities, or investment broker, dealer, investment advisor, or	65983
associated person" means a person subject to licensure or	65984
registration as such by the securities and exchange commission;	65985
the National Association of Securities Dealers or other	65986
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	65987
the division of securities under Chapter 1707. of the Revised	65988
Code; or by an official or agency of any other state of the United	65989
States.	65990

(5)(a) A person primarily engaged in soliciting the sale of a	65991
newspaper of general circulation;	65992

(b) As used in division (B)(5)(a) of this section, "newspaper	65993
of general circulation" includes, but is not limited to, both of	65994
the following:	65995

(i) A newspaper that is a daily law journal designated as an	65996
official publisher of court calendars pursuant to section 2701.09	65997
of the Revised Code;	65998

(ii) A newspaper or publication that has at least twenty-five	65999
per cent editorial, non-advertising content, exclusive of inserts,	66000
measured relative to total publication space, and an audited	66001
circulation to at least fifty per cent of the households in the	66002
newspaper's retail trade zone as defined by the audit.	66003

(6)(a) An issuer, or its subsidiary, that has a class of	66004
securities to which all of the following apply:	66005

(i) The class of securities is subject to section 12 of the	66006
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	66007
registered or is exempt from registration under 15 U.S.C.A.	66008
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	66009

(ii) The class of securities is listed on the New York stock	66010
exchange, the American stock exchange, or the NASDAQ national	66011
market system;	66012

(iii) The class of securities is a reported security as	66013
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	66014

(b) An issuer, or its subsidiary, that formerly had a class	66015
of securities that met the criteria set forth in division	66016
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	66017
net worth in excess of one hundred million dollars, files or its	66018
parent files with the securities and exchange commission an S.E.C.	66019
form 10-K, and has continued in substantially the same business	66020
since it had a class of securities that met the criteria in	66021
division (B)(6)(a) of this section. As used in division (B)(6)(b)	66022
of this section, "issuer" and "subsidiary" include the successor	66023
to an issuer or subsidiary.	66024

(7) A person soliciting a transaction regulated by the	66025
commodity futures trading commission, if the person is registered	66026
or temporarily registered for that activity with the commission	66027
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	66028
registration has not expired or been suspended or revoked;	66029

(8) A person soliciting the sale of any book, record, audio	66030
tape, compact disc, or video, if the person allows the purchaser	66031
to review the merchandise for at least seven days and provides a	66032
full refund within thirty days to a purchaser who returns the	66033
merchandise or if the person solicits the sale on behalf of a	66034
membership club operating in compliance with regulations adopted	66035
by the federal trade commission in 16 C.F.R. 425;	66036

(9) A supervised financial institution or its subsidiary. As	66037
used in division (B)(9) of this section, "supervised financial	66038
institution" means a bank, trust company, savings and loan	66039
association, savings bank, credit union, industrial loan company,	66040
consumer finance lender, commercial finance lender, or institution	66041
described in section 2(c)(2)(F) of the "Bank Holding Company Act	66042
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	66043
official or agency of the United States, this state, or any other	66044
state of the United States; or a licensee or registrant under	66045
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	66046
1321.83 of the Revised Code.	66047

(10)(a) An insurance company, association, or other	66048
organization that is licensed or authorized to conduct business in	66049
this state by the superintendent of insurance pursuant to Title	66050
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	66051
when soliciting within the scope of its license or authorization.	66052

(b) A licensed insurance broker, agent, or solicitor when	66053
soliciting within the scope of the person's license. As used in	66054
division (B)(10)(b) of this section, "licensed insurance broker,	66055
agent, or solicitor" means any person licensed as an insurance	66056
broker, agent, or solicitor by the superintendent of insurance	66057
pursuant to Title XXXIX of the Revised Code.	66058

(11) A person soliciting the sale of services provided by a	66059
cable television system operating under authority of a	66060
governmental franchise or permit;	66061

(12) A person soliciting a business-to-business sale under	66062
which any of the following conditions are met:	66063

(a) The telephone solicitor has been operating continuously	66064
for at least three years under the same business name under which	66065
it solicits purchasers, and at least fifty-one per cent of its	66066
gross dollar volume of sales consists of repeat sales to existing	66067
customers to whom it has made sales under the same business name.	66068

(b) The purchaser business intends to resell the goods	66069
purchased.	66070

(c) The purchaser business intends to use the goods or	66071
services purchased in a recycling, reuse, manufacturing, or	66072
remanufacturing process.	66073

(d) The telephone solicitor is a publisher of a periodical or	66074
of magazines distributed as controlled circulation publications as	66075
defined in division (CC) of section 5739.01 of the Revised Code	66076
and is soliciting sales of advertising, subscriptions, reprints,	66077
lists, information databases, conference participation or	66078
sponsorships, trade shows or media products related to the	66079
periodical or magazine, or other publishing services provided by	66080
the controlled circulation publication.	66081

(13) A person that, not less often than once each year,	66082
publishes and delivers to potential purchasers a catalog that	66083
complies with both of the following:	66084

(a) It includes all of the following:

66085

(i) The business address of the seller;

66086

(ii) A written description or illustration of each good or	66087
service offered for sale;	66088

(iii) A clear and conspicuous disclosure of the sale price of	66089
each good or service; shipping, handling, and other charges; and	66090
return policy.	66091

(b) One of the following applies:

66092

(i) The catalog includes at least twenty-four pages of	66093
written material and illustrations, is distributed in more than	66094
one state, and has an annual postage-paid mail circulation of not	66095
less than two hundred fifty thousand households;	66096

(ii) The catalog includes at least ten pages of written	66097
material or an equivalent amount of material in electronic form on	66098
the internet or an on-line computer service, the person does not	66099
solicit customers by telephone but solely receives telephone calls	66100
made in response to the catalog, and during the calls the person	66101
takes orders but does not engage in further solicitation of the	66102
purchaser. As used in division (B)(13)(b)(ii) of this section,	66103
"further solicitation" does not include providing the purchaser	66104
with information about, or attempting to sell, any other item in	66105
the catalog that prompted the purchaser's call or in a	66106
substantially similar catalog issued by the seller.	66107

(14) A political subdivision or instrumentality of the United	66108
States, this state, or any state of the United States;	66109

(15) A college or university or any other public or private	66110
institution of higher education in this state;	66111

(16) A public utility as defined in section 4905.02 of the	66112
Revised Code or a retail natural gas supplier as defined in	66113
section 4929.01 of the Revised Code, if the utility or supplier is	66114
subject to regulation by the public utilities commission, or the	66115
affiliate of the utility or supplier;	66116

(17) A person that solicits sales through a television	66117
program or advertisement that is presented in the same market area	66118
no fewer than twenty days per month or offers for sale no fewer	66119
than ten distinct items of goods or services; and offers to the	66120
purchaser an unconditional right to return any good or service	66121
purchased within a period of at least seven days and to receive a	66122
full refund within thirty days after the purchaser returns the	66123
good or cancels the service;	66124

(18)(a) A person that, for at least one year, has been	66125
operating a retail business under the same name as that used in	66126
connection with telephone solicitation and both of the following	66127
occur on a continuing basis:	66128

(i) The person either displays goods and offers them for	66129
retail sale at the person's business premises or offers services	66130
for sale and provides them at the person's business premises.	66131

(ii) At least fifty-one per cent of the person's gross dollar	66132
volume of retail sales involves purchases of goods or services at	66133
the person's business premises.	66134

(b) An affiliate of a person that meets the requirements in	66135
division (B)(18)(a) of this section if the affiliate meets all of	66136
the following requirements:	66137

(i) The affiliate has operated a retail business for a period	66138
of less than one year;	66139

(ii) The affiliate either displays goods and offers them for	66140
retail sale at the affiliate's business premises or offers	66141
services for sale and provides them at the affiliate's business	66142
premises;	66143

(iii) At least fifty-one per cent of the affiliate's gross	66144
dollar volume of retail sales involves purchases of goods or	66145
services at the affiliate's business premises.	66146

(c) A person that, for a period of less than one year, has	66147
been operating a retail business in this state under the same name	66148
as that used in connection with telephone solicitation, as long as	66149
all of the following requirements are met:	66150

(i) The person either displays goods and offers them for	66151
retail sale at the person's business premises or offers services	66152
for sale and provides them at the person's business premises;	66153

(ii) The goods or services that are the subject of telephone	66154
solicitation are sold at the person's business premises, and at	66155
least sixty-five per cent of the person's gross dollar volume of	66156
retail sales involves purchases of goods or services at the	66157
person's business premises;	66158

(iii) The person conducts all telephone solicitation	66159
activities according to sections 310.3, 310.4, and 310.5 of the	66160
telemarketing sales rule adopted by the federal trade commission	66161
in 16 C.F.R. part 310.	66162

(19) A person who performs telephone solicitation sales	66163
services on behalf of other persons and to whom one of the	66164
following applies:	66165

(a) The person has operated under the same ownership,	66166
control, and business name for at least five years, and the person	66167
receives at least seventy-five per cent of its gross revenues from	66168
written telephone solicitation contracts with persons who come	66169
within one of the exemptions in division (B) of this section.	66170

(b) The person is an affiliate of one or more exempt persons	66171
and makes telephone solicitations on behalf of only the exempt	66172
persons of which it is an affiliate.	66173

(c) The person makes telephone solicitations on behalf of	66174
only exempt persons, the person and each exempt person on whose	66175
behalf telephone solicitations are made have entered into a	66176
written contract that specifies the manner in which the telephone	66177
solicitations are to be conducted and that at a minimum requires	66178
compliance with the telemarketing sales rule adopted by the	66179
federal trade commission in 16 C.F.R. part 310, and the person	66180
conducts the telephone solicitations in the manner specified in	66181
the written contract.	66182

(d) The person performs telephone solicitation for religious	66183
or political purposes, a charitable organization, a fund-raising	66184
council, or a professional solicitor in compliance with the	66185
registration and reporting requirements of Chapter 1716. of the	66186
Revised Code; and meets all of the following requirements:	66187

(i) The person has operated under the same ownership,	66188
control, and business name for at least five years, and the person	66189
receives at least fifty-one per cent of its gross revenues from	66190
written telephone solicitation contracts with persons who come	66191
within the exemption in division (B)(2) of this section;	66192

(ii) The person does not conduct a prize promotion or offer	66193
the sale of an investment opportunity;	66194

(iii) The person conducts all telephone solicitation	66195
activities according to sections 310.3, 310.4, and 310.5 of the	66196
telemarketing sales rules adopted by the federal trade commission	66197
in 16 C.F.R. part 310.	66198

(20) A person that is a licensed real estate salesperson or	66199
broker under Chapter 4735. of the Revised Code when soliciting	66200
within the scope of the person's license;	66201

(21)(a) Either of the following:

66202

(i) A publisher that solicits the sale of the publisher's	66203
periodical or magazine of general, paid circulation, or a person	66204
that solicits a sale of that nature on behalf of a publisher under	66205
a written agreement directly between the publisher and the person.	66206

(ii) A publisher that solicits the sale of the publisher's	66207
periodical or magazine of general, paid circulation, or a person	66208
that solicits a sale of that nature as authorized by a publisher	66209
under a written agreement directly with a publisher's	66210
clearinghouse provided the person is a resident of Ohio for more	66211
than three years and initiates all telephone solicitations from	66212
Ohio and the person conducts the solicitation and sale in	66213
compliance with 16 C.F.R. part 310, as adopted by the federal	66214
trade commission.	66215

(b) As used in division (B)(21) of this section, "periodical	66216
or magazine of general, paid circulation" excludes a periodical or	66217
magazine circulated only as part of a membership package or given	66218
as a free gift or prize from the publisher or person.	66219

(22) A person that solicits the sale of food, as defined in	66220
section 3715.01 of the Revised Code, or the sale of products of	66221
horticulture, as defined in section 5739.01 of the Revised Code,	66222
if the person does not intend the solicitation to result in, or	66223
the solicitation actually does not result in, a sale that costs	66224
the purchaser an amount greater than five hundred dollars.	66225

(23) A funeral director licensed pursuant to Chapter 4717. of	66226
the Revised Code when soliciting within the scope of that license,	66227
if both of the following apply:	66228

(a) The solicitation and sale are conducted in compliance	66229
with 16 C.F.R. part 453, as adopted by the federal trade	66230
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	66231
the Revised Code;	66232

(b) The person provides to the purchaser of any preneed	66233
funeral contract a notice that clearly and conspicuously sets	66234
forth the cancellation rights specified in division (G) of section	66235
1107.33 of the Revised Code, and retains a copy of the notice	66236
signed by the purchaser.	66237

(24) A person, or affiliate thereof, licensed to sell or	66238
issue Ohio instruments designated as travelers checks pursuant to	66239
sections 1315.01 to 1315.18 of the Revised Code.	66240

(25) A person that solicits sales from its previous	66241
purchasers and meets all of the following requirements:	66242

(a) The solicitation is made under the same business name	66243
that was previously used to sell goods or services to the	66244
purchaser;	66245

(b) The person has, for a period of not less than three	66246
years, operated a business under the same business name as that	66247
used in connection with telephone solicitation;	66248

(c) The person does not conduct a prize promotion or offer	66249
the sale of an investment opportunity;	66250

(d) The person conducts all telephone solicitation activities	66251
according to sections 310.3, 310.4, and 310.5 of the telemarketing	66252
sales rules adopted by the federal trade commission in 16 C.F.R.	66253
part 310;	66254

(e) Neither the person nor any of its principals has been	66255
convicted of, pleaded guilty to, or has entered a plea of no	66256
contest for a felony or a theft offense as defined in sections	66257
2901.02 and 2913.01 of the Revised Code or similar law of another	66258
state or of the United States;	66259

(f) Neither the person nor any of its principals has had	66260
entered against them an injunction or a final judgment or order,	66261
including an agreed judgment or order, an assurance of voluntary	66262
compliance, or any similar instrument, in any civil or	66263
administrative action involving engaging in a pattern of corrupt	66264
practices, fraud, theft, embezzlement, fraudulent conversion, or	66265
misappropriation of property; the use of any untrue, deceptive, or	66266
misleading representation; or the use of any unfair, unlawful,	66267
deceptive, or unconscionable trade act or practice.	66268

(26) An institution defined as a home health agency in	66269
section 3701.881 of the Revised Code, that conducts all telephone	66270
solicitation activities according to sections 310.3, 310.4, and	66271
310.5 of the telemarketing sales rules adopted by the federal	66272
trade commission in 16 C.F.R. part 310, and engages in telephone	66273
solicitation only within the scope of the institution's	66274
certification, accreditation, contract with the department of	66275
aging, or status as a home health agency; and that meets one of	66276
the following requirements:	66277

(a) The institution is certified as a provider of home health	66278
services under Title XVIII of the Social Security Act, 49 Stat.	66279
620, 42 U.S.C. 301, as amended;	66280

(b) The institution is accredited by either the joint	66281
commission on accreditation of health care organizations or the	66282
community health accreditation program;	66283

(c) The institution is providing ~~passport~~PASSPORT services	66284
under the direction of the ~~Ohio~~ department of aging under ~~section~~	66285
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	66286

(d) An affiliate of an institution that meets the	66287
requirements of division (B)(26)(a), (b), or (c) of this section	66288
when offering for sale substantially the same goods and services	66289
as those that are offered by the institution that meets the	66290
requirements of division (B)(26)(a), (b), or (c) of this section.	66291

(27) A person licensed by the department of health pursuant	66292
to section 3712.04 or 3712.041 of the Revised Code to provide a	66293
hospice care program or pediatric respite care program when	66294
conducting telephone solicitations within the scope of the	66295
person's license and according to sections 310.3, 310.4, and 310.5	66296
of the telemarketing sales rules adopted by the federal trade	66297
commission in 16 C.F.R. part 310.	66298

Sec. 4723.18. (A) The board of nursing shall authorize a	66299
licensed practical nurse to administer to an adult intravenous	66300
therapy if the nurse supplies evidence satisfactory to the board	66301
that all of the following are the case:	66302

(1) The nurse holds a current, valid license issued under	66303
this chapter to practice nursing as a licensed practical nurse.	66304

(2) The nurse has been authorized under section 4723.18 of	66305
the Revised Code to administer medications.	66306

(3) The nurse successfully completed a course of study in the	66307
safe performance of intravenous therapy approved by the board	66308
pursuant to section 4723.19 of the Revised Code or by an agency in	66309
another jurisdiction that regulates the practice of nursing and	66310
has requirements for intravenous therapy course approval that are	66311
substantially similar to the requirements in division (B) of	66312
section 4723.19 of the Revised Code, as determined by the board.	66313

(4) The nurse has successfully completed a minimum of forty	66314
hours of training that includes all of the following:	66315

(a) The curriculum established by rules adopted by the board;

66316

(b) Training in the anatomy and physiology of the	66317
cardiovascular system, signs and symptoms of local and systemic	66318
complications in the administration of fluids and antibiotic	66319
additives, and guidelines for management of these complications;	66320

(c) Any other training or instruction the board considers	66321
appropriate;	66322

(d) A testing component that requires the nurse to perform a	66323
successful demonstration of the intravenous procedures, including	66324
all skills needed to perform them safely.	66325

(B) Except as provided in section 4723.181 of the Revised	66326
Code and subject to the restrictions in division (D) of this	66327
section, a licensed practical nurse may perform intravenous	66328
therapy on an adult patient only if authorized by the board	66329
pursuant to division (A) of this section and only at the direction	66330
of one of the following:	66331

(1) A licensed physician, dentist, optometrist, or podiatrist	66332
who, except as provided in division (C)(2) of this section, is	66333
present and readily available at the facility where the	66334
intravenous therapy procedure is performed;	66335

(2) A registered nurse in accordance with division (C) of	66336
this section.	66337

(C)(1) Except as provided in division (C)(2) of this section	66338
and section 4723.181 of the Revised Code, when a licensed	66339
practical nurse authorized by the board to perform intravenous	66340
therapy performs an intravenous therapy procedure at the direction	66341
of a registered nurse, the registered nurse or another registered	66342
nurse shall be readily available at the site where the intravenous	66343
therapy is performed, and before the licensed practical nurse	66344
initiates the intravenous therapy, the registered nurse shall	66345
personally perform an on-site assessment of the adult patient who	66346
is to receive the intravenous therapy.	66347

(2) When a licensed practical nurse authorized by the board	66348
to perform intravenous therapy performs an intravenous therapy	66349
procedure in a home as defined in section 3721.10 of the Revised	66350
Code, or in an intermediate care facility for the mentally	66351
retarded as defined in section ~~5111.20~~5124.01 of the Revised	66352
Code, at the direction of a registered nurse or licensed	66353
physician, dentist, optometrist, or podiatrist, a registered nurse	66354
shall be on the premises of the home or facility or accessible by	66355
some form of telecommunication.	66356

(D) No licensed practical nurse shall perform any of the	66357
following intravenous therapy procedures:	66358

(1) Initiating or maintaining any of the following:

66359

(a) Blood or blood components;

66360

(b) Solutions for total parenteral nutrition;

66361

(c) Any cancer therapeutic medication including, but not	66362
limited to, cancer chemotherapy or an anti-neoplastic agent;	66363

(d) Solutions administered through any central venous line or	66364
arterial line or any other line that does not terminate in a	66365
peripheral vein, except that a licensed practical nurse authorized	66366
by the board to perform intravenous therapy may maintain the	66367
solutions specified in division (D)(6)(a) of this section that are	66368
being administered through a central venous line or peripherally	66369
inserted central catheter;	66370

(e) Any investigational or experimental medication.

66371

(2) Initiating intravenous therapy in any vein, except that a	66372
licensed practical nurse authorized by the board to perform	66373
intravenous therapy may initiate intravenous therapy in accordance	66374
with this section in a vein of the hand, forearm, or antecubital	66375
fossa;	66376

(3) Discontinuing a central venous, arterial, or any other	66377
line that does not terminate in a peripheral vein;	66378

(4) Initiating or discontinuing a peripherally inserted	66379
central catheter;	66380

(5) Mixing, preparing, or reconstituting any medication for	66381
intravenous therapy, except that a licensed practical nurse	66382
authorized by the board to perform intravenous therapy may prepare	66383
or reconstitute an antibiotic additive;	66384

(6) Administering medication via the intravenous route,	66385
including all of the following activities:	66386

(a) Adding medication to an intravenous solution or to an	66387
existing infusion, except that a licensed practical nurse	66388
authorized by the board to perform intravenous therapy may do any	66389
of the following:	66390

(i) Initiate an intravenous infusion containing one or more	66391
of the following elements: dextrose 5%, normal saline, lactated	66392
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	66393
water;	66394

(ii) Hang subsequent containers of the intravenous solutions	66395
specified in division (D)(6)(a)(i) of this section that contain	66396
vitamins or electrolytes, if a registered nurse initiated the	66397
infusion of that same intravenous solution;	66398

(iii) Initiate or maintain an intravenous infusion containing	66399
an antibiotic additive.	66400

(b) Injecting medication via a direct intravenous route,	66401
except that a licensed practical nurse authorized by the board to	66402
perform intravenous therapy may inject heparin or normal saline to	66403
flush an intermittent infusion device or heparin lock including,	66404
but not limited to, bolus or push.	66405

(7) Changing tubing on any line including, but not limited	66406
to, an arterial line or a central venous line, except that a	66407
licensed practical nurse authorized by the board to perform	66408
intravenous therapy may change tubing on an intravenous line that	66409
terminates in a peripheral vein;	66410

(8) Programming or setting any function of a patient	66411
controlled infusion pump.	66412

(E) Notwithstanding divisions (A) and (D) of this section, at	66413
the direction of a physician or a registered nurse, a licensed	66414
practical nurse authorized by the board to perform intravenous	66415
therapy may perform the following activities for the purpose of	66416
performing dialysis:	66417

(1) The routine administration and regulation of saline	66418
solution for the purpose of maintaining an established fluid plan;	66419

(2) The administration of a heparin dose intravenously;

66420

(3) The administration of a heparin dose peripherally via a	66421
fistula needle;	66422

(4) The loading and activation of a constant infusion pump;

66423

(5) The intermittent injection of a dose of medication that	66424
is administered via the hemodialysis blood circuit and through the	66425
patient's venous access.	66426

(F) No person shall employ or direct a licensed practical	66427
nurse to perform an intravenous therapy procedure without first	66428
verifying that the licensed practical nurse is authorized by the	66429
board to perform intravenous therapy.	66430

Sec. 4723.35. (A) As used in this section, "chemical	66431
dependency" means either of the following:	66432

(1) The chronic and habitual use of alcoholic beverages to	66433
the extent that the user no longer can control the use of alcohol	66434
or endangers the user's health, safety, or welfare or that of	66435
others;	66436

(2) The use of a controlled substance as defined in section	66437
3719.01 of the Revised Code, a harmful intoxicant as defined in	66438
section 2925.01 of the Revised Code, or a dangerous drug as	66439
defined in section 4729.01 of the Revised Code, to the extent that	66440
the user becomes physically or psychologically dependent on the	66441
substance, intoxicant, or drug or endangers the user's health,	66442
safety, or welfare or that of others.	66443

(B) The board of nursing may abstain from taking disciplinary	66444
action under section 4723.28 or 4723.86 of the Revised Code	66445
against an individual with a chemical dependency if it finds that	66446
the individual can be treated effectively and there is no	66447
impairment of the individual's ability to practice according to	66448
acceptable and prevailing standards of safe care. The board shall	66449
establish a chemical dependency monitoring program to monitor the	66450
registered nurses, licensed practical nurses, dialysis	66451
technicians, and certified community health workers against whom	66452
the board has abstained from taking action. The board shall	66453
develop the program, select the program's name, and designate a	66454
coordinator to administer the program.	66455

(C) Determinations regarding an individual's eligibility for	66456
admission to, continued participation in, and successful	66457
completion of the monitoring program shall be made by the board's	66458
supervising member for disciplinary matters in accordance with	66459
rules adopted under division (D) of this section.	66460

(D) The board shall adopt rules in accordance with Chapter	66461
119. of the Revised Code that establish the following:	66462

(1) Eligibility requirements for admission to and continued	66463
participation in the monitoring program;	66464

(2) Terms and conditions that must be met to participate in	66465
and successfully complete the program;	66466

(3) Procedures for keeping confidential records regarding	66467
participants;	66468

(4) Any other requirements or procedures necessary to	66469
establish and administer the program.	66470

(E)(1) As a condition of being admitted to the monitoring	66471
program, an individual shall surrender to the program coordinator	66472
the license or certificate that the individual holds. While the	66473
surrender is in effect, the individual is prohibited from engaging	66474
in the practice of nursing, engaging in the provision of dialysis	66475
care, or engaging in the provision of services that were being	66476
provided as a certified community health worker.	66477

If the board's supervising member for disciplinary matters	66478
determines that a participant is capable of resuming practice	66479
according to acceptable and prevailing standards of safe care, the	66480
program coordinator shall return the participant's license or	66481
certificate. If the participant violates the terms and conditions	66482
of resumed practice, the coordinator shall require the participant	66483
to surrender the license or certificate as a condition of	66484
continued participation in the program. The coordinator may	66485
require the surrender only on the approval of the board's	66486
supervising member for disciplinary matters.	66487

The surrender of a license or certificate on admission to the	66488
monitoring program or while participating in the program does not	66489
constitute an action by the board under section 4723.28 or 4723.86	66490
of the Revised Code. The participant may rescind the surrender at	66491
any time and the board may proceed by taking action under section	66492
4723.28 or 4723.86 of the Revised Code.	66493

(2) If the program coordinator determines that a participant	66494
is significantly out of compliance with the terms and conditions	66495
for participation, the coordinator shall notify the board's	66496
supervising member for disciplinary matters and the supervising	66497
member shall determine whether to temporarily suspend the	66498
participant's license or certificate. The board shall notify the	66499
participant of the suspension by certified mail sent to the	66500
participant's last known address and shall refer the matter to the	66501
board for formal action under section 4723.28 or 4723.86 of the	66502
Revised Code.	66503

(F) All of the following apply with respect to the receipt,	66504
release, and maintenance of records and information by the	66505
monitoring program:	66506

(1) The program coordinator shall maintain all program	66507
records in the board's office, and for each participant, shall	66508
retain the records for a period of two years following the	66509
participant's date of successful completion of the program.	66510

(2) When applying to participate in the monitoring program,	66511
the applicant shall sign a waiver permitting the board to receive	66512
and release information necessary to determine whether the	66513
individual is eligible for admission. After being admitted, the	66514
participant shall sign a waiver permitting the board to receive	66515
and release information necessary to determine whether the	66516
individual is eligible for continued participation in the program.	66517
Information that may be necessary for the board's supervising	66518
member for disciplinary matters to determine eligibility for	66519
admission or continued participation in the monitoring program	66520
includes, but is not limited to, information provided to and by	66521
employers, probation officers, law enforcement agencies, peer	66522
assistance programs, health professionals, and treatment	66523
providers. No entity with knowledge that the information has been	66524
provided to the monitoring program shall divulge that knowledge to	66525
any other person.	66526

(3) Except as provided in division (F)(4) of this section,	66527
all records pertaining to an individual's application for or	66528
participation in the monitoring program, including medical	66529
records, treatment records, and mental health records, shall be	66530
confidential. The records are not public records for the purposes	66531
of section 149.43 of the Revised Code and are not subject to	66532
discovery by subpoena or admissible as evidence in any judicial	66533
proceeding.	66534

(4) The board may disclose information regarding a	66535
participant's progress in the program to any person or government	66536
entity that the participant authorizes in writing to be given the	66537
information. In disclosing information under this division, the	66538
board shall not include any information that is protected under	66539
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	66540
or regulation that provides for the confidentiality of medical,	66541
mental health, or substance abuse records.	66542

(G) In the absence of fraud or bad faith, the board as a	66543
whole, its individual members, and its employees and	66544
representatives are not liable for damages in any civil action as	66545
a result of disclosing information in accordance with division	66546
(F)(4) of this section. In the absence of fraud or bad faith, any	66547
person reporting to the program with regard to an individual's	66548
chemical dependence, or the progress or lack of progress of that	66549
individual with regard to treatment, is not liable for damages in	66550
any civil action as a result of the report.	66551

Sec. 4723.481. This section establishes standards and	66552
conditions regarding the authority of a clinical nurse specialist,	66553
certified nurse-midwife, or certified nurse practitioner to	66554
prescribe drugs and therapeutic devices under a certificate to	66555
prescribe issued under section ~~4723.481~~4723.48 of the Revised	66556
Code.	66557

(A) A clinical nurse specialist, certified nurse-midwife, or	66558
certified nurse practitioner shall not prescribe any drug or	66559
therapeutic device that is not included in the types of drugs and	66560
devices listed on the formulary established in rules adopted under	66561
section 4723.50 of the Revised Code.	66562

(B) The prescriptive authority of a clinical nurse	66563
specialist, certified nurse-midwife, or certified nurse	66564
practitioner shall not exceed the prescriptive authority of the	66565
collaborating physician or podiatrist, including the collaborating	66566
physician's authority to treat chronic pain with controlled	66567
substances and products containing tramadol as described in	66568
section 4731.052 of the Revised Code.	66569

(C)(1) Except as provided in division (C)(2) or (3) of this	66570
section, a clinical nurse specialist, certified nurse-midwife, or	66571
certified nurse practitioner may prescribe to a patient a schedule	66572
II controlled substance only if all of the following are the case:	66573

(a) The patient has a terminal condition, as defined in	66574
section 2133.01 of the Revised Code.	66575

(b) The collaborating physician of the clinical nurse	66576
specialist, certified nurse-midwife, or certified nurse	66577
practitioner initially prescribed the substance for the patient.	66578

(c) The prescription is for an amount that does not exceed	66579
the amount necessary for the patient's use in a single,	66580
twenty-four-hour period.	66581

(2) The restrictions on prescriptive authority in division	66582
(C)(1) of this section do not apply if a clinical nurse	66583
specialist, certified nurse-midwife, or certified nurse	66584
practitioner issues the prescription to the patient from any of	66585
the following locations:	66586

(a) A hospital registered under section 3701.07 of the	66587
Revised Code;	66588

(b) An entity owned or controlled, in whole or in part, by a	66589
hospital or by an entity that owns or controls, in whole or in	66590
part, one or more hospitals;	66591

(c) A health care facility operated by the department of	66592
~~mental health~~mental health and addiction services or the	66593
department of developmental disabilities;	66594

(d) A nursing home or residential care facility licensed	66595
under section 3721.02 of the Revised Code or by a political	66596
subdivision certified under section 3721.09 of the Revised Code;	66597

(e) A county home or district home operated under Chapter	66598
5155. of the Revised Code that is certified under the medicare or	66599
medicaid program;	66600

(f) A hospice care program, as defined in section 3712.01 of	66601
the Revised Code;	66602

(g) A community mental health ~~agency~~services provider, as	66603
defined in section 5122.01 of the Revised Code;	66604

(h) An ambulatory surgical facility, as defined in section	66605
3702.30 of the Revised Code;	66606

(i) A freestanding birthing center, as defined in section	66607
~~3702.51~~3702.141 of the Revised Code;	66608

(j) A federally qualified health center, as defined in	66609
section 3701.047 of the Revised Code;	66610

(k) A federally qualified health center look-alike, as	66611
defined in section 3701.047 of the Revised Code;	66612

(l) A health care office or facility operated by the board of	66613
health of a city or general health district or the authority	66614
having the duties of a board of health under section 3709.05 of	66615
the Revised Code;	66616

(m) A site where a medical practice is operated, but only if	66617
the practice is comprised of one or more physicians who also are	66618
owners of the practice; the practice is organized to provide	66619
direct patient care; and the clinical nurse specialist, certified	66620
nurse-midwife, or certified nurse practitioner providing services	66621
at the site has a standard care arrangement and collaborates with	66622
at least one of the physician owners who practices primarily at	66623
that site.	66624

(3) A clinical nurse specialist, certified nurse-midwife, or	66625
certified nurse practitioner shall not issue to a patient a	66626
prescription for a schedule II controlled substance from a	66627
convenience care clinic even if the clinic is owned or operated by	66628
an entity specified in division (C)(2) of this section.	66629

(D) A pharmacist who acts in good faith reliance on a	66630
prescription issued by a clinical nurse specialist, certified	66631
nurse-midwife, or certified nurse practitioner under division	66632
(C)(2) of this section is not liable for or subject to any of the	66633
following for relying on the prescription: damages in any civil	66634
action, prosecution in any criminal proceeding, or professional	66635
disciplinary action by the state board of pharmacy under Chapter	66636
4729. of the Revised Code.	66637

(E) A clinical nurse specialist, certified nurse-midwife, or	66638
certified nurse practitioner may personally furnish to a patient a	66639
sample of any drug or therapeutic device included in the types of	66640
drugs and devices listed on the formulary, except that all of the	66641
following conditions apply:	66642

(1) The amount of the sample furnished shall not exceed a	66643
seventy-two-hour supply, except when the minimum available	66644
quantity of the sample is packaged in an amount that is greater	66645
than a seventy-two-hour supply, in which case the packaged amount	66646
may be furnished.	66647

(2) No charge may be imposed for the sample or for furnishing	66648
it.	66649

(3) Samples of controlled substances may not be personally	66650
furnished.	66651

(F) A clinical nurse specialist, certified nurse-midwife, or	66652
certified nurse practitioner may personally furnish to a patient a	66653
complete or partial supply of a drug or therapeutic device	66654
included in the types of drugs and devices listed on the	66655
formulary, except that all of the following conditions apply:	66656

(1) The clinical nurse specialist, certified nurse-midwife,	66657
or certified nurse practitioner shall personally furnish only	66658
antibiotics, antifungals, scabicides, contraceptives, prenatal	66659
vitamins, antihypertensives, drugs and devices used in the	66660
treatment of diabetes, drugs and devices used in the treatment of	66661
asthma, and drugs used in the treatment of dyslipidemia.	66662

(2) The clinical nurse specialist, certified nurse-midwife,	66663
or certified nurse practitioner shall not furnish the drugs and	66664
devices in locations other than a health department operated by	66665
the board of health of a city or general health district or the	66666
authority having the duties of a board of health under section	66667
3709.05 of the Revised Code, a federally funded comprehensive	66668
primary care clinic, or a nonprofit health care clinic or program.	66669

(3) The clinical nurse specialist, certified nurse-midwife,	66670
or certified nurse practitioner shall comply with all safety	66671
standards for personally furnishing supplies of drugs and devices,	66672
as established in rules adopted under section 4723.50 of the	66673
Revised Code.	66674

Sec. 4725.03. The governor, with the advice and consent of	66675
the senate, shall appoint a state board of optometry consisting of	66676
six nonmedical residents of this state, five of whom shall be	66677
persons actually engaged in the practice of optometry for five	66678
years preceding appointment and one of whom shall be a member of	66679
the public at least ~~sixty~~fifty years of age. Terms of office	66680
shall be five years, commencing on the twenty-sixth day of	66681
September and ending on the twenty-fifth day of September. Each	66682
member shall hold office from the date of appointment until the	66683
end of the term for which appointed. Any member appointed to fill	66684
a vacancy occurring prior to the expiration of the term for which	66685
the member's predecessor was appointed shall hold office for the	66686
remainder of the term. A member shall continue in office	66687
subsequent to the expiration date of the member's term until the	66688
member's successor takes office, or until a period of sixty days	66689
has elapsed, whichever occurs first. No person shall serve as a	66690
member for more than two terms.	66691

Sec. 4725.16. (A) Each certificate of licensure, topical	66692
ocular pharmaceutical agents certificate, and therapeutic	66693
pharmaceutical agents certificate issued by the state board of	66694
optometry shall expire annually on the last day of December, and	66695
may be renewed in accordance with this section and the standard	66696
renewal procedure established under Chapter 4745. of the Revised	66697
Code.	66698

An optometrist seeking to continue to practice optometry	66699
shall file with the board an application for license renewal. The	66700
application shall be in such form and require such pertinent	66701
professional biographical data as the board may require.	66702

(B) All licensed optometrists shall annually complete	66703
continuing education in subjects relating to the practice of	66704
optometry, to the end that the utilization and application of new	66705
techniques, scientific and clinical advances, and the achievements	66706
of research will assure comprehensive care to the public. The	66707
board shall prescribe by rule the continuing optometric education	66708
that licensed optometrists must complete. The length of study	66709
shall be twenty-five clock hours each year, including ten clock	66710
hours of instruction in pharmacology to be completed by all	66711
licensed optometrists.	66712

Unless the continuing education required under this division	66713
is waived or deferred under division (D) of this section, the	66714
continuing education must be completed during the twelve-month	66715
period beginning on the first day of October and ending on the	66716
last day of September. If the board receives notice from a	66717
continuing education program indicating that an optometrist	66718
completed the program after the last day of September, and the	66719
optometrist wants to use the continuing education completed after	66720
that day to renew the license that expires on the last day of	66721
December of that year, the optometrist shall pay the penalty	66722
specified under section 4725.34 of the Revised Code for late	66723
completion of continuing education.	66724

At least once annually, the board shall post on its web site	66725
and shall mail, or send by electronic mail, to each licensed	66726
optometrist a list of courses approved in accordance with	66727
standards prescribed by board rule. Upon the request of a licensed	66728
optometrist, the executive director of the board shall supply a	66729
list of additional courses that the board has approved subsequent	66730
to the most recent web site posting, electronic mail transmission,	66731
or mailing of the list of approved courses.	66732

(C)(1) Annually, not later than the first day of November,	66733
the board shall mail or send by electronic mail a notice regarding	66734
license renewal to each licensed optometrist who may be eligible	66735
for renewal. The notice shall be sent to the optometrist's ~~last~~	66736
most recent electronic mail or mailing address shown in the	66737
board's records. If the board knows that the optometrist has	66738
completed the required continuing optometric education for the	66739
year, the board may include with the notice an application for	66740
license renewal.	66741

(2) Filing a license renewal application with the board shall	66742
serve as notice by the optometrist that the continuing optometric	66743
education requirement has been successfully completed. If the	66744
board finds that an optometrist has not completed the required	66745
continuing optometric education, the board shall disapprove the	66746
optometrist's application. The board's disapproval of renewal is	66747
effective without a hearing, unless a hearing is requested	66748
pursuant to Chapter 119. of the Revised Code.	66749

(3) The board shall refuse to accept an application for	66750
renewal from any applicant whose license is not in good standing	66751
or who is under disciplinary review pursuant to section 4725.19 of	66752
the Revised Code.	66753

(4) Notice of an applicant's failure to qualify for renewal	66754
shall be served upon the applicant by mail. The notice shall be	66755
sent not later than the fifteenth day of November to the	66756
applicant's last address shown in the board's records.	66757

(D) In cases of certified illness or undue hardship, the	66758
board may waive or defer for up to twelve months the requirement	66759
of continuing optometric education, except that in such cases the	66760
board may not waive or defer the continuing education in	66761
pharmacology required to be completed by optometrists who hold	66762
topical ocular pharmaceutical agents certificates or therapeutic	66763
pharmaceutical agents certificates. The board shall waive the	66764
requirement of continuing optometric education for any optometrist	66765
who is serving in the armed forces of the United States or who has	66766
received an initial certificate of licensure during the nine-month	66767
period which ended on the last day of September.	66768

(E) An optometrist whose renewal application has been	66769
approved may renew each certificate held by paying to the	66770
treasurer of state the fees for renewal specified under section	66771
4725.34 of the Revised Code. On payment of all applicable fees,	66772
the board shall issue a renewal of the optometrist's certificate	66773
of licensure, topical ocular pharmaceutical agents certificate,	66774
and therapeutic pharmaceutical agents certificate, as appropriate.	66775

(F) Not later than the fifteenth day of December, the board	66776
shall email or mail a second notice regarding license renewal to	66777
each licensed optometrist who may be eligible for renewal but did	66778
not respond to the notice sent under division (C)(1) of this	66779
section. The notice shall be sent to the optometrist's ~~last~~most	66780
recent email or mailing address shown in the board's records. If	66781
an optometrist fails to file a renewal application after the	66782
second notice is sent, the board shall send a third notice	66783
regarding license renewal prior to any action under division (I)	66784
of this section to classify the optometrist's certificates as	66785
delinquent.	66786

(G) The failure of an optometrist to apply for license	66787
renewal or the failure to pay the applicable annual renewal fees	66788
on or before the date of expiration, shall automatically work a	66789
forfeiture of the optometrist's authority to practice optometry in	66790
this state.	66791

(H) The board shall accept renewal applications and renewal	66792
fees that are submitted from the first day of January to the last	66793
day of April of the year next succeeding the date of expiration.	66794
An individual who submits such a late renewal application or fee	66795
shall pay the late renewal fee specified in section 4725.34 of the	66796
Revised Code.	66797

(I)(1) If the certificates issued by the board to an	66798
individual have expired and the individual has not filed a	66799
complete application during the late renewal period, the	66800
individual's certificates shall be classified in the board's	66801
records as delinquent.	66802

(2) Any optometrist subject to delinquent classification may	66803
submit a written application to the board for reinstatement. For	66804
reinstatement to occur, the applicant must meet all of the	66805
following conditions:	66806

(a) Submit to the board evidence of compliance with board	66807
rules requiring continuing optometric education in a sufficient	66808
number of hours to make up for any delinquent compliance;	66809

(b) Pay the renewal fees for the year in which application	66810
for reinstatement is made and the reinstatement fee specified	66811
under division (A)(8) of section 4725.34 of the Revised Code;	66812

(c) Pass all or part of the licensing examination accepted by	66813
the board under section 4725.11 of the Revised Code as the board	66814
considers appropriate to determine whether the application for	66815
reinstatement should be approved;	66816

(d) If the applicant has been practicing optometry in another	66817
state or country, submit evidence that the applicant's license to	66818
practice optometry in the other state or country is in good	66819
standing.	66820

(3) The board shall approve an application for reinstatement	66821
if the conditions specified in division (I)(2) of this section are	66822
met. An optometrist who receives reinstatement is subject to the	66823
continuing education requirements specified under division (B) of	66824
this section for the year in which reinstatement occurs.	66825

Sec. 4729.51. (A) No person other than a registered	66826
wholesale distributor of dangerous drugs shall possess for sale,	66827
sell, distribute, or deliver, at wholesale, dangerous drugs,	66828
except as follows:	66829

(1) A pharmacist who is a licensed terminal distributor of	66830
dangerous drugs or who is employed by a licensed terminal	66831
distributor of dangerous drugs may make occasional sales of	66832
dangerous drugs at wholesale;	66833

(2) A licensed terminal distributor of dangerous drugs having	66834
more than one establishment or place may transfer or deliver	66835
dangerous drugs from one establishment or place for which a	66836
license has been issued to the terminal distributor to another	66837
establishment or place for which a license has been issued to the	66838
terminal distributor if the license issued for each establishment	66839
or place is in effect at the time of the transfer or delivery.	66840

(B)(1) No registered wholesale distributor of dangerous drugs	66841
shall possess for sale, or sell, at wholesale, dangerous drugs to	66842
any person other than the following:	66843

(a) Except as provided in division (B)(2)(a) of this section,	66844
a licensed health professional authorized to prescribe drugs;	66845

(b) An optometrist licensed under Chapter 4725. of the	66846
Revised Code who holds a topical ocular pharmaceutical agents	66847
certificate;	66848

66849

(d) A manufacturer of dangerous drugs;

66850

(e) Subject to division (B)(3) of this section, a licensed	66851
terminal distributor of dangerous drugs;	66852

(f) Carriers or warehouses for the purpose of carriage or	66853
storage;	66854

(g) Terminal or wholesale distributors of dangerous drugs who	66855
are not engaged in the sale of dangerous drugs within this state;	66856

(h) An individual who holds a current license, certificate,	66857
or registration issued under Title 47XLVII of the Revised Code	66858
and has been certified to conduct diabetes education by a national	66859
certifying body specified in rules adopted by the state board of	66860
pharmacy under section 4729.68 of the Revised Code, but only with	66861
respect to insulin that will be used for the purpose of diabetes	66862
education and only if diabetes education is within the	66863
individual's scope of practice under statutes and rules regulating	66864
the individual's profession;	66865

(i) An individual who holds a valid certificate issued by a	66866
nationally recognized S.C.U.B.A. diving certifying organization	66867
approved by the state board of pharmacy in rule, but only with	66868
respect to medical oxygen that will be used for the purpose of	66869
emergency care or treatment at the scene of a diving emergency;	66870

(j) Except as provided in division (B)(2)(b) of this section,	66871
a business entity that is a corporation formed under division (B)	66872
of section 1701.03 of the Revised Code, a limited liability	66873
company formed under Chapter 1705. of the Revised Code, or a	66874
professional association formed under Chapter 1785. of the Revised	66875
Code if the entity has a sole shareholder who is a licensed health	66876
professional authorized to prescribe drugs and is authorized to	66877
provide the professional services being offered by the entity;	66878

(k) Except as provided in division (B)(2)(c) of this section,	66879
a business entity that is a corporation formed under division (B)	66880
of section 1701.03 of the Revised Code, a limited liability	66881
company formed under Chapter 1705. of the Revised Code, a	66882
partnership or a limited liability partnership formed under	66883
Chapter 1775. of the Revised Code, or a professional association	66884
formed under Chapter 1785. of the Revised Code, if, to be a	66885
shareholder, member, or partner, an individual is required to be	66886
licensed, certified, or otherwise legally authorized under Title	66887
XLVII of the Revised Code to perform the professional service	66888
provided by the entity and each such individual is a licensed	66889
health professional authorized to prescribe drugs.	66890

(2) No registered wholesale distributor of dangerous drugs	66891
shall possess for sale, or sell, at wholesale, dangerous drugs to	66892
any of the following:	66893

(a) A prescriber who is employed by a pain management clinic	66894
that is not licensed as a terminal distributor of dangerous drugs	66895
with a pain management clinic classification issued under section	66896
4729.552 of the Revised Code;	66897

(b) A business entity described in division (B)(1)(j) of this	66898
section that is, or is operating, a pain management clinic without	66899
a license as a terminal distributor of dangerous drugs with a pain	66900
management clinic classification issued under section 4729.552 of	66901
the Revised Code;	66902

(c) A business entity described in division (B)(1)(k) of this	66903
section that is, or is operating, a pain management clinic without	66904
a license as a terminal distributor of dangerous drugs with a pain	66905
management clinic classification issued under section 4729.552 of	66906
the Revised Code.	66907

(3) No registered wholesale distributor of dangerous drugs	66908
shall possess dangerous drugs for sale at wholesale, or sell such	66909
drugs at wholesale, to a licensed terminal distributor of	66910
dangerous drugs, except as follows:	66911

(a) In the case of a terminal distributor with a category I	66912
license, only dangerous drugs described in category I, as defined	66913
in division (A)(1) of section 4729.54 of the Revised Code;	66914

(b) In the case of a terminal distributor with a category II	66915
license, only dangerous drugs described in category I and category	66916
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	66917
the Revised Code;	66918

(c) In the case of a terminal distributor with a category III	66919
license, dangerous drugs described in category I, category II, and	66920
category III, as defined in divisions (A)(1), (2), and (3) of	66921
section 4729.54 of the Revised Code;	66922

(d) In the case of a terminal distributor with a limited	66923
category I, II, or III license, only the dangerous drugs specified	66924
in the certificate furnished by the terminal distributor in	66925
accordance with section 4729.60 of the Revised Code.	66926

(C)(1) Except as provided in division (C)(4) of this section,	66927
no person shall sell, at retail, dangerous drugs.	66928

(2) Except as provided in division (C)(4) of this section, no	66929
person shall possess for sale, at retail, dangerous drugs.	66930

(3) Except as provided in division (C)(4) of this section, no	66931
person shall possess dangerous drugs.	66932

(4) Divisions (C)(1), (2), and (3) of this section do not	66933
apply to a registered wholesale distributor of dangerous drugs, a	66934
licensed terminal distributor of dangerous drugs, or a person who	66935
possesses, or possesses for sale or sells, at retail, a dangerous	66936
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	66937
4729., 4730., 4731., and 4741. of the Revised Code.	66938

Divisions (C)(1), (2), and (3) of this section do not apply	66939
to an individual who holds a current license, certificate, or	66940
registration issued under Title XLVII of the Revised Code and has	66941
been certified to conduct diabetes education by a national	66942
certifying body specified in rules adopted by the state board of	66943
pharmacy under section 4729.68 of the Revised Code, but only to	66944
the extent that the individual possesses insulin or personally	66945
supplies insulin solely for the purpose of diabetes education and	66946
only if diabetes education is within the individual's scope of	66947
practice under statutes and rules regulating the individual's	66948
profession.	66949

Divisions (C)(1), (2), and (3) of this section do not apply	66950
to an individual who holds a valid certificate issued by a	66951
nationally recognized S.C.U.B.A. diving certifying organization	66952
approved by the state board of pharmacy in rule, but only to the	66953
extent that the individual possesses medical oxygen or personally	66954
supplies medical oxygen for the purpose of emergency care or	66955
treatment at the scene of a diving emergency.	66956

(D) No licensed terminal distributor of dangerous drugs shall	66957
purchase for the purpose of resale dangerous drugs from any person	66958
other than a registered wholesale distributor of dangerous drugs,	66959
except as follows:	66960

(1) A licensed terminal distributor of dangerous drugs may	66961
make occasional purchases of dangerous drugs for resale from a	66962
pharmacist who is a licensed terminal distributor of dangerous	66963
drugs or who is employed by a licensed terminal distributor of	66964
dangerous drugs;	66965

(2) A licensed terminal distributor of dangerous drugs having	66966
more than one establishment or place may transfer or receive	66967
dangerous drugs from one establishment or place for which a	66968
license has been issued to the terminal distributor to another	66969
establishment or place for which a license has been issued to the	66970
terminal distributor if the license issued for each establishment	66971
or place is in effect at the time of the transfer or receipt.	66972

(E) A pharmacy that is a licensed terminal distributor of	66973
dangerous drugs may operate a remote dispensing system in	66974
accordance with section 4729.542 of the Revised Code.	66975

(F) No licensed terminal distributor of dangerous drugs shall	66976
engage in the sale or other distribution of dangerous drugs at	66977
retail or maintain possession, custody, or control of dangerous	66978
drugs for any purpose other than the distributor's personal use or	66979
consumption, at any establishment or place other than that or	66980
those described in the license issued by the state board of	66981
pharmacy to such terminal distributor.	66982

~~(F)~~(G) Nothing in this section shall be construed to	66983
interfere with the performance of official duties by any law	66984
enforcement official authorized by municipal, county, state, or	66985
federal law to collect samples of any drug, regardless of its	66986
nature or in whose possession it may be.	66987

Sec. 4729.54. (A) As used in this section and section	66988
4729.541 of the Revised Code:	66989

(1) "Category I" means single-dose injections of intravenous	66990
fluids, including saline, Ringer's lactate, five per cent dextrose	66991
and distilled water, and other intravenous fluids or parenteral	66992
solutions included in this category by rule of the state board of	66993
pharmacy, that have a volume of one hundred milliliters or more	66994
and that contain no added substances, or single-dose injections of	66995
epinephrine to be administered pursuant to sections 4765.38 and	66996
4765.39 of the Revised Code.	66997

(2) "Category II" means any dangerous drug that is not	66998
included in category I or III.	66999

(3) "Category III" means any controlled substance that is	67000
contained in schedule I, II, III, IV, or V.	67001

(4) "Emergency medical service organization" has the same	67002
meaning as in section 4765.01 of the Revised Code.	67003

(5) "Person" includes an emergency medical service	67004
organization.	67005

(6) "Schedule I, schedule II, schedule III, schedule IV, and	67006
schedule V" mean controlled substance schedules I, II, III, IV,	67007
and V, respectively, as established pursuant to section 3719.41 of	67008
the Revised Code and as amended.	67009

(B)(1) A person who desires to be licensed as a terminal	67010
distributor of dangerous drugs shall file with the executive	67011
director of the state board of pharmacy a verified application.	67012
After it is filed, the application may not be withdrawn without	67013
approval of the board.	67014

(2) An application shall contain all the following that apply	67015
in the applicant's case:	67016

(a) Information that the board requires relative to the	67017
qualifications of a terminal distributor of dangerous drugs set	67018
forth in section 4729.55 of the Revised Code;	67019

(b) A statement that the person wishes to be licensed as a	67020
category I, category II, category III, limited category I, limited	67021
category II, or limited category III terminal distributor of	67022
dangerous drugs;	67023

(c) If the person wishes to be licensed as a limited category	67024
I, limited category II, or limited category III terminal	67025
distributor of dangerous drugs, a notarized list of the dangerous	67026
drugs that the person wishes to possess, have custody or control	67027
of, and distribute, which list shall also specify the purpose for	67028
which those drugs will be used and their source;	67029

(d) If the person is an emergency medical service	67030
organization, the information that is specified in division (C)(1)	67031
of this section;	67032

(e) Except for an emergency medical service organization, the	67033
identity of the one establishment or place at which the person	67034
intends to engage in the sale or other distribution of dangerous	67035
drugs at retail, and maintain possession, custody, or control of	67036
dangerous drugs for purposes other than the person's own use or	67037
consumption and any place at which the person intends to operate a	67038
remote dispensing system in accordance with section 4729.542 of	67039
the Revised Code;	67040

(f) If the application pertains to a pain management clinic,	67041
information that demonstrates, to the satisfaction of the board,	67042
compliance with division (A) of section 4729.552 of the Revised	67043
Code.	67044

(C)(1) An emergency medical service organization that wishes	67045
to be licensed as a terminal distributor of dangerous drugs shall	67046
list in its application for licensure the following additional	67047
information:	67048

(a) The units under its control that the organization	67049
determines will possess dangerous drugs for the purpose of	67050
administering emergency medical services in accordance with	67051
Chapter 4765. of the Revised Code;	67052

(b) With respect to each such unit, whether the dangerous	67053
drugs that the organization determines the unit will possess are	67054
in category I, II, or III.	67055

(2) An emergency medical service organization that is	67056
licensed as a terminal distributor of dangerous drugs shall file a	67057
new application for such licensure if there is any change in the	67058
number, or location of, any of its units or any change in the	67059
category of the dangerous drugs that any unit will possess.	67060

(3) A unit listed in an application for licensure pursuant	67061
to division (C)(1) of this section may obtain the dangerous drugs	67062
it is authorized to possess from its emergency medical service	67063
organization or, on a replacement basis, from a hospital pharmacy.	67064
If units will obtain dangerous drugs from a hospital pharmacy, the	67065
organization shall file, and maintain in current form, the	67066
following items with the pharmacist who is responsible for the	67067
hospital's terminal distributor of dangerous drugs license:	67068

(a) A copy of its standing orders or protocol;

67069

(b) A list of the personnel employed or used by the	67070
organization to provide emergency medical services in accordance	67071
with Chapter 4765. of the Revised Code, who are authorized to	67072
possess the drugs, which list also shall indicate the personnel	67073
who are authorized to administer the drugs.	67074

(D) Each emergency medical service organization that applies	67075
for a terminal distributor of dangerous drugs license shall submit	67076
with its application the following:	67077

(1) A notarized copy of its standing orders or protocol,	67078
which orders or protocol shall be signed by a physician and	67079
specify the dangerous drugs that its units may carry, expressed in	67080
standard dose units;	67081

(2) A list of the personnel employed or used by the	67082
organization to provide emergency medical services in accordance	67083
with Chapter 4765. of the Revised Code.	67084

An emergency medical service organization that is licensed as	67085
a terminal distributor shall notify the board immediately of any	67086
changes in its standing orders or protocol.	67087

(E) There shall be six categories of terminal distributor of	67088
dangerous drugs licenses, which categories shall be as follows:	67089

(1) Category I license. A person who obtains this license may	67090
possess, have custody or control of, and distribute only the	67091
dangerous drugs described in category I.	67092

(2) Limited category I license. A person who obtains this	67093
license may possess, have custody or control of, and distribute	67094
only the dangerous drugs described in category I that were listed	67095
in the application for licensure.	67096

(3) Category II license. A person who obtains this license	67097
may possess, have custody or control of, and distribute only the	67098
dangerous drugs described in category I and category II.	67099

(4) Limited category II license. A person who obtains this	67100
license may possess, have custody or control of, and distribute	67101
only the dangerous drugs described in category I or category II	67102
that were listed in the application for licensure.	67103

(5) Category III license, which may include a pain management	67104
clinic classification issued under section 4729.552 of the Revised	67105
Code. A person who obtains this license may possess, have custody	67106
or control of, and distribute the dangerous drugs described in	67107
category I, category II, and category III. If the license includes	67108
a pain management clinic classification, the person may operate a	67109
pain management clinic.	67110

(6) Limited category III license. A person who obtains this	67111
license may possess, have custody or control of, and distribute	67112
only the dangerous drugs described in category I, category II, or	67113
category III that were listed in the application for licensure.	67114

(F) Except for an application made on behalf of an animal	67115
shelter, if an applicant for licensure as a limited category I,	67116
II, or III terminal distributor of dangerous drugs intends to	67117
administer dangerous drugs to a person or animal, the applicant	67118
shall submit, with the application, a notarized copy of its	67119
protocol or standing orders, which protocol or orders shall be	67120
signed by a licensed health professional authorized to prescribe	67121
drugs, specify the dangerous drugs to be administered, and list	67122
personnel who are authorized to administer the dangerous drugs in	67123
accordance with federal law or the law of this state. An	67124
application made on behalf of an animal shelter shall include a	67125
notarized list of the dangerous drugs to be administered to	67126
animals and the personnel who are authorized to administer the	67127
drugs to animals in accordance with section 4729.532 of the	67128
Revised Code. After obtaining a terminal distributor license, a	67129
licensee shall notify the board immediately of any changes in its	67130
protocol or standing orders, or in such personnel.	67131

(G)(1) Except as provided in division (G)(2) of this section,	67132
each applicant for licensure as a terminal distributor of	67133
dangerous drugs shall submit, with the application, a license fee	67134
determined as follows:	67135

(a) For a category I or limited category I license,	67136
forty-five dollars;	67137

(b) For a category II or limited category II license, one	67138
hundred twelve dollars and fifty cents;	67139

(c) For a category III license, including a license with a	67140
pain management clinic classification issued under section	67141
4729.552 of the Revised Code, or a limited category III license,	67142
one hundred fifty dollars.	67143

(2) For a professional association, corporation, partnership,	67144
or limited liability company organized for the purpose of	67145
practicing veterinary medicine, the fee shall be forty dollars.	67146

(3) Fees assessed under divisions (G)(1) and (2) of this	67147
section shall not be returned if the applicant fails to qualify	67148
for registration.	67149

(H)(1) The board shall issue a terminal distributor of	67150
dangerous drugs license to each person who submits an application	67151
for such licensure in accordance with this section, pays the	67152
required license fee, is determined by the board to meet the	67153
requirements set forth in section 4729.55 of the Revised Code, and	67154
satisfies any other applicable requirements of this section.	67155

(2) The license of a person other than an emergency medical	67156
service organization shall describe the one establishment or place	67157
at which the licensee may engage in the sale or other distribution	67158
of dangerous drugs at retail and maintain possession, custody, or	67159
control of dangerous drugs for purposes other than the licensee's	67160
own use or consumption and any place at which the person intends	67161
to operate a remote dispensing system in accordance with section	67162
4729.542 of the Revised Code. The one establishment or place and	67163
any place at which the person intends to operate a remote	67164
dispensing system shall be ~~that which is~~those described in the	67165
application for licensure.	67166

No such license shall authorize or permit the terminal	67167
distributor of dangerous drugs named in it to engage in the sale	67168
or other distribution of dangerous drugs at retail or to maintain	67169
possession, custody, or control of dangerous drugs for any purpose	67170
other than the distributor's own use or consumption, at any	67171
establishment or place other than ~~that~~those described in the	67172
license, except that an agent or employee of an animal shelter may	67173
possess and use dangerous drugs in the course of business as	67174
provided in division (D) of section 4729.532 of the Revised Code.	67175

(3) The license of an emergency medical service organization	67176
shall cover and describe all the units of the organization listed	67177
in its application for licensure.	67178

(4) The license of every terminal distributor of dangerous	67179
drugs shall indicate, on its face, the category of licensure. If	67180
the license is a limited category I, II, or III license, it shall	67181
specify, and shall authorize the licensee to possess, have custody	67182
or control of, and distribute only, the dangerous drugs that were	67183
listed in the application for licensure.	67184

(I) All licenses issued pursuant to this section shall be	67185
effective for a period of twelve months from the first day of	67186
January of each year. A license shall be renewed by the board for	67187
a like period, annually, according to the provisions of this	67188
section, and the standard renewal procedure of Chapter 4745. of	67189
the Revised Code. A person who desires to renew a license shall	67190
submit an application for renewal and pay the required fee on or	67191
before the thirty-first day of December each year. The fee	67192
required for the renewal of a license shall be the same as the fee	67193
paid for the license being renewed, and shall accompany the	67194
application for renewal.	67195

A license that has not been renewed during December in any	67196
year and by the first day of February of the following year may be	67197
reinstated only upon payment of the required renewal fee and a	67198
penalty fee of fifty-five dollars.	67199

(J)(1) No emergency medical service organization that is	67200
licensed as a terminal distributor of dangerous drugs shall fail	67201
to comply with division (C)(2) or (3) of this section.	67202

(2) No emergency medical service organization that is	67203
licensed as a terminal distributor of dangerous drugs shall fail	67204
to comply with division (D) of this section.	67205

(3) No licensed terminal distributor of dangerous drugs shall	67206
possess, have custody or control of, or distribute dangerous drugs	67207
that the terminal distributor is not entitled to possess, have	67208
custody or control of, or distribute by virtue of its category of	67209
licensure.	67210

(4) No licensee that is required by division (F) of this	67211
section to notify the board of changes in its protocol or standing	67212
orders, or in personnel, shall fail to comply with that division.	67213

Sec. 4729.542. (A) As used in this section, "remote	67214
dispensing system" means a mechanical system for dispensing drugs	67215
that is installed in a facility and communicates electronically	67216
with a pharmacy.	67217

(B) A pharmacy licensed under this chapter as a terminal	67218
distributor of dangerous drugs may use a remote dispensing system	67219
to assist in the distribution of dangerous drugs at a nursing home	67220
or residential care facility licensed under Chapter 3721. of the	67221
Revised Code if all of the following requirements are met:	67222

(1) The system has a documented and ongoing quality assurance	67223
program that monitors total system performance and requires one	67224
hundred per cent accuracy in drugs dispensed and their strength.	67225

(2) The system has security adequate to prevent unauthorized	67226
access to dangerous drugs.	67227

(3) Records kept by the system comply with requirements of	67228
the state board of pharmacy.	67229

(C) A pharmacist licensed under this chapter is not required	67230
to maintain supervision and control of a remote dispensing system	67231
or be physically present at the facility where the system is used	67232
to dispense drugs.	67233

(D) As part of the quality assurance program required by	67234
division (B)(1) of this section, the facility where the remote	67235
dispensing system is located shall complete periodic audits of	67236
controlled substances dispensed through the system.	67237

Sec. 4729.69. (A) The state board of pharmacy, in	67238
collaboration with the director of ~~alcohol and drug addiction~~	67239
~~services~~mental health and addiction services and attorney	67240
general, shall establish and administer a drug take-back program	67241
under which drugs are collected from the community for the purpose	67242
of destruction or disposal of the drugs.	67243

(B) The program shall be established and administered in such	67244
a manner that it does both of the following:	67245

(1) Complies with any state or federal laws regarding the	67246
collection, destruction, or disposal of drugs;	67247

(2) Maintains the confidentiality of individuals who submit	67248
or otherwise provide drugs under the program.	67249

(C) In consultation with the director of ~~alcohol and drug~~	67250
~~addiction services~~mental health and addiction services and	67251
attorney general, the board shall adopt rules governing the	67252
program. The rules shall be adopted in accordance with Chapter	67253
119. of the Revised Code. In adopting the rules, the board shall	67254
specify all of the following:	67255

(1) The entities that may participate;

67256

(2) Guidelines and responsibilities for accepting drugs by	67257
participating entities;	67258

(3) Drugs that may be collected;

67259

(4) Record-keeping requirements;

67260

(5) Proper methods to destroy unused drugs;

67261

(6) Privacy protocols and security standards;

67262

(7) Drug transportation procedures;

67263

(8) The schedule, duration, and frequency of the collections	67264
of drugs, except that the first collection shall occur not later	67265
than one year after ~~the effective date of this section~~May 20,	67266
2011;	67267

(9) Any other standards and procedures the board considers	67268
necessary for purposes of governing the program.	67269

(D) In accordance with state and federal law, the board may	67270
adopt rules to allow an entity participating in the program to	67271
return any unused drugs to the pharmacy that originally dispensed	67272
the drug. The rules shall include procedures to be followed to	67273
maintain the confidentiality of the person for whom the drug was	67274
dispensed.	67275

(E) Rules adopted under this section may not do any of the	67276
following:	67277

(1) Require any entity to establish, fund, or operate a drug	67278
take-back program;	67279

(2) Establish any new licensing requirement or fee to	67280
participate in the program;	67281

(3) Require any entity to compile data on drugs collected.

67282

(F) The board may compile data on the amount and type of	67283
drugs collected under the program. For purposes of this division,	67284
the board may cooperate with a public or private entity in	67285
obtaining assistance in the compilation of data. An entity	67286
providing the assistance shall not be reimbursed under the program	67287
for any costs incurred in providing the assistance.	67288

(G) If the board compiles data under division (F) of this	67289
section, the board shall submit a report to the governor and, in	67290
accordance with section 101.68 of the Revised Code, the general	67291
assembly. The report, to the extent possible, shall include the	67292
following information:	67293

(1) Total weight of drugs collected, both with and without	67294
packaging;	67295

(2) The weight of controlled substances;

67296

(3) The amount of all of the following as a per cent of total	67297
drugs collected:	67298

(a) Controlled substances;

67299

(b) Brand name drugs;

67300

67301

(d) Prescription drugs;

67302

(e) Non-prescription drugs.

67303

(4) The amount of vitamins, herbal supplements, and personal	67304
care products collected;	67305

(5) If provided by the person who submitted or otherwise	67306
donated drugs to the program, the reasons why the drugs were	67307
returned or unused.	67308

(H) No entity is required to participate in a drug take-back	67309
program established under this section, and no entity shall be	67310
subject to civil liability or professional disciplinary action for	67311
declining to participate.	67312

(I) The board may accept grants, gifts, or donations for	67313
purposes of the program. Money received under this division shall	67314
be deposited into the drug take-back program fund established	67315
under section 109.90 of the Revised Code.	67316

Sec. 4729.80. (A) If the state board of pharmacy establishes	67317
and maintains a drug database pursuant to section 4729.75 of the	67318
Revised Code, the board is authorized or required to provide	67319
information from the database in accordance with the following:	67320

(1) On receipt of a request from a designated representative	67321
of a government entity responsible for the licensure, regulation,	67322
or discipline of health care professionals with authority to	67323
prescribe, administer, or dispense drugs, the board may provide to	67324
the representative information from the database relating to the	67325
professional who is the subject of an active investigation being	67326
conducted by the government entity.	67327

(2) On receipt of a request from a federal officer, or a	67328
state or local officer of this or any other state, whose duties	67329
include enforcing laws relating to drugs, the board shall provide	67330
to the officer information from the database relating to the	67331
person who is the subject of an active investigation of a drug	67332
abuse offense, as defined in section 2925.01 of the Revised Code,	67333
being conducted by the officer's employing government entity.	67334

(3) Pursuant to a subpoena issued by a grand jury, the board	67335
shall provide to the grand jury information from the database	67336
relating to the person who is the subject of an investigation	67337
being conducted by the grand jury.	67338

(4) Pursuant to a subpoena, search warrant, or court order in	67339
connection with the investigation or prosecution of a possible or	67340
alleged criminal offense, the board shall provide information from	67341
the database as necessary to comply with the subpoena, search	67342
warrant, or court order.	67343

(5) On receipt of a request from a prescriber or the	67344
prescriber's delegate approved by the board, the board may provide	67345
to the prescriber information from the database relating to a	67346
patient who is either of the following, if the prescriber	67347
certifies in a form specified by the board that it is for the	67348
purpose of providing medical treatment to the patient who is the	67349
subject of the request;	67350

(a) A current patient of the prescriber;

67351

(b) A potential patient of the prescriber based on a referral	67352
of the patient to the prescriber.	67353

(6) On receipt of a request from a pharmacist or the	67354
pharmacist's delegate approved by the board, the board may provide	67355
to the pharmacist information from the database relating to a	67356
current patient of the pharmacist, if the pharmacist certifies in	67357
a form specified by the board that it is for the purpose of the	67358
pharmacist's practice of pharmacy involving the patient who is the	67359
subject of the request.	67360

(7) On receipt of a request from an individual seeking the	67361
individual's own database information in accordance with the	67362
procedure established in rules adopted under section 4729.84 of	67363
the Revised Code, the board may provide to the individual the	67364
individual's own database information.	67365

(8) On receipt of a request from the medical director of a	67366
managed care organization that has entered into a data security	67367
agreement with the board required by section ~~5111.1710~~5167.14 of	67368
the Revised Code, the board ~~may~~shall provide to the medical	67369
director information from the database relating to a medicaid	67370
recipient enrolled in the managed care organization, including	67371
information in the database related to prescriptions for the	67372
recipient that were not covered or reimbursed under a program	67373
administered by the department of medicaid.	67374

(9) On receipt of a request from the medicaid director ~~of job~~	67375
~~and family services~~, the board ~~may~~shall provide to the director	67376
information from the database relating to a recipient of a program	67377
administered by the department of ~~job and family services~~	67378
medicaid, including information in the database related to	67379
prescriptions for the recipient that were not covered or paid by a	67380
program administered by the department.	67381

(10) On receipt of a request from the administrator of	67382
workers' compensation, the board may provide to the administrator	67383
information from the database relating to a claimant under Chapter	67384
4121., 4123., 4127., or 4131. of the Revised Code.	67385

(11) On receipt of a request from a requestor described in	67386
division (A)(1), (2), (5), or (6) of this section who is from or	67387
participating with another state's prescription monitoring	67388
program, the board may provide to the requestor information from	67389
the database, but only if there is a written agreement under which	67390
the information is to be used and disseminated according to the	67391
laws of this state.	67392

(B) The state board of pharmacy shall maintain a record of	67393
each individual or entity that requests information from the	67394
database pursuant to this section. In accordance with rules	67395
adopted under section 4729.84 of the Revised Code, the board may	67396
use the records to document and report statistics and law	67397
enforcement outcomes.	67398

The board may provide records of an individual's requests for	67399
database information to the following:	67400

(1) A designated representative of a government entity that	67401
is responsible for the licensure, regulation, or discipline of	67402
health care professionals with authority to prescribe, administer,	67403
or dispense drugs who is involved in an active investigation being	67404
conducted by the government entity of the individual who submitted	67405
the requests for database information;	67406

(2) A federal officer, or a state or local officer of this or	67407
any other state, whose duties include enforcing laws relating to	67408
drugs and who is involved in an active investigation being	67409
conducted by the officer's employing government entity of the	67410
individual who submitted the requests for database information.	67411

(C) Information contained in the database and any information	67412
obtained from it is not a public record. Information contained in	67413
the records of requests for information from the database is not a	67414
public record. Information that does not identify a person may be	67415
released in summary, statistical, or aggregate form.	67416

(D) A pharmacist or prescriber shall not be held liable in	67417
damages to any person in any civil action for injury, death, or	67418
loss to person or property on the basis that the pharmacist or	67419
prescriber did or did not seek or obtain information from the	67420
database.	67421

Sec. 4729.81. If the state board of pharmacy establishes and	67422
maintains a drug database pursuant to section 4729.75 of the	67423
Revised Code, the board shall review the information in the drug	67424
database. If the board determines from the review that a violation	67425
of law may have occurred, it shall notify the appropriate law	67426
enforcement agency or a government entity responsible for the	67427
licensure, regulation, or discipline of licensed health	67428
professionals authorized to prescribe drugs and supply information	67429
required by the agency or entity for an investigation of the	67430
violation of law that may have occurred. The board also shall	67431
notify the medicaid director if the board determines that the	67432
violation may have been committed by a provider of services under	67433
a program administered by the department of medicaid.	67434

Sec. 4729.99. (A) Whoever violates section 4729.16, division	67435
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	67436
Code is guilty of a minor misdemeanor. Each day's violation	67437
constitutes a separate offense.	67438

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	67439
the Revised Code is guilty of a misdemeanor of the third degree.	67440
Each day's violation constitutes a separate offense. If the	67441
offender previously has been convicted of or pleaded guilty to a	67442
violation of this chapter, that person is guilty of a misdemeanor	67443
of the second degree.	67444

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	67445
the Revised Code is guilty of a misdemeanor.	67446

(D) Whoever violates division (A), (B), (D), or ~~(E)~~(F) of	67447
section 4729.51 of the Revised Code is guilty of a misdemeanor of	67448
the first degree.	67449

(E)(1) Whoever violates section 4729.37, division (C)(2) of	67450
section 4729.51, division (J) of section 4729.54, or section	67451
4729.61 of the Revised Code is guilty of a felony of the fifth	67452
degree. If the offender previously has been convicted of or	67453
pleaded guilty to a violation of this chapter or a violation of	67454
Chapter 2925. or 3719. of the Revised Code, that person is guilty	67455
of a felony of the fourth degree.	67456

(2) If an offender is convicted of or pleads guilty to a	67457
violation of section 4729.37, division (C) of section 4729.51,	67458
division (J) of section 4729.54, or section 4729.61 of the Revised	67459
Code, if the violation involves the sale, offer to sell, or	67460
possession of a schedule I or II controlled substance, with the	67461
exception of marihuana, and if the court imposing sentence upon	67462
the offender finds that the offender as a result of the violation	67463
is a major drug offender, as defined in section 2929.01 of the	67464
Revised Code, and is guilty of a specification of the type	67465
described in section 2941.1410 of the Revised Code, the court, in	67466
lieu of the prison term authorized or required by division (E)(1)	67467
of this section and sections 2929.13 and 2929.14 of the Revised	67468
Code and in addition to any other sanction imposed for the offense	67469
under sections 2929.11 to 2929.18 of the Revised Code, shall	67470
impose upon the offender, in accordance with division (B)(3) of	67471
section 2929.14 of the Revised Code, the mandatory prison term	67472
specified in that division.	67473

(3) Notwithstanding any contrary provision of section 3719.21	67474
of the Revised Code, the clerk of court shall pay any fine imposed	67475
for a violation of section 4729.37, division (C) of section	67476
4729.51, division (J) of section 4729.54, or section 4729.61 of	67477
the Revised Code pursuant to division (A) of section 2929.18 of	67478
the Revised Code in accordance with and subject to the	67479
requirements of division (F) of section 2925.03 of the Revised	67480
Code. The agency that receives the fine shall use the fine as	67481
specified in division (F) of section 2925.03 of the Revised Code.	67482

(F) Whoever violates section 4729.531 of the Revised Code or	67483
any rule adopted thereunder or section 4729.532 of the Revised	67484
Code is guilty of a misdemeanor of the first degree.	67485

(G) Whoever violates division (C)(1) of section 4729.51 of	67486
the Revised Code is guilty of a felony of the fourth degree. If	67487
the offender has previously been convicted of or pleaded guilty to	67488
a violation of this chapter, or of a violation of Chapter 2925. or	67489
3719. of the Revised Code, that person is guilty of a felony of	67490
the third degree.	67491

(H) Whoever violates division (C)(3) of section 4729.51 of	67492
the Revised Code is guilty of a misdemeanor of the first degree.	67493
If the offender has previously been convicted of or pleaded guilty	67494
to a violation of this chapter, or of a violation of Chapter 2925.	67495
or 3719. of the Revised Code, that person is guilty of a felony of	67496
the fifth degree.	67497

(I)(1) Whoever violates division (B) of section 4729.42 of	67498
the Revised Code is guilty of unauthorized pharmacy-related drug	67499
conduct. Except as otherwise provided in this section,	67500
unauthorized pharmacy-related drug conduct is a misdemeanor of the	67501
second degree. If the offender previously has been convicted of or	67502
pleaded guilty to a violation of division (B), (C), (D), or (E) of	67503
that section, unauthorized pharmacy-related drug conduct is a	67504
misdemeanor of the first degree on a second offense and a felony	67505
of the fifth degree on a third or subsequent offense.	67506

(2) Whoever violates division (C) or (D) of section 4729.42	67507
of the Revised Code is guilty of permitting unauthorized	67508
pharmacy-related drug conduct. Except as otherwise provided in	67509
this section, permitting unauthorized pharmacy-related drug	67510
conduct is a misdemeanor of the second degree. If the offender	67511
previously has been convicted of or pleaded guilty to a violation	67512
of division (B), (C), (D), or (E) of that section, permitting	67513
unauthorized pharmacy-related drug conduct is a misdemeanor of the	67514
first degree on a second offense and a felony of the fifth degree	67515
on a third or subsequent offense.	67516

(3) Whoever violates division (E) of section 4729.42 of the	67517
Revised Code is guilty of the offense of falsification under	67518
section 2921.13 of the Revised Code. In addition to any other	67519
sanction imposed for the violation, the offender is forever	67520
disqualified from engaging in any activity specified in division	67521
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	67522
from performing any function as a health care professional or	67523
health care worker. As used in this division, "health care	67524
professional" and "health care worker" have the same meanings as	67525
in section 2305.234 of the Revised Code.	67526

(4) Notwithstanding any contrary provision of section 3719.21	67527
of the Revised Code or any other provision of law that governs the	67528
distribution of fines, the clerk of the court shall pay any fine	67529
imposed pursuant to division (I)(1), (2), or (3) of this section	67530
to the state board of pharmacy if the board has adopted a written	67531
internal control policy under division (F)(2) of section 2925.03	67532
of the Revised Code that addresses fine moneys that it receives	67533
under Chapter 2925. of the Revised Code and if the policy also	67534
addresses fine moneys paid under this division. The state board of	67535
pharmacy shall use the fines so paid in accordance with the	67536
written internal control policy to subsidize the board's law	67537
enforcement efforts that pertain to drug offenses.	67538

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	67539
the Revised Code is guilty of a misdemeanor of the third degree.	67540
If the offender has previously been convicted of or pleaded guilty	67541
to a violation of division (A)(1), (2), or (3) of section 4729.86	67542
of the Revised Code, that person is guilty of a misdemeanor of the	67543
first degree.	67544

(2) Whoever violates division (A)(2) of section 4729.86 of	67545
the Revised Code is guilty of a misdemeanor of the first degree.	67546
If the offender has previously been convicted of or pleaded guilty	67547
to a violation of division (A)(1), (2), or (3) of section 4729.86	67548
of the Revised Code, that person is guilty of a felony of the	67549
fifth degree.	67550

(3) Whoever violates division (A)(3) of section 4729.86 of	67551
the Revised Code is guilty of a felony of the fifth degree. If the	67552
offender has previously been convicted of or pleaded guilty to a	67553
violation of division (A)(1), (2), or (3) of section 4729.86 of	67554
the Revised Code, that person is guilty of a felony of the fourth	67555
degree.	67556

(K) A person who violates division (C) of section 4729.552 of	67557
the Revised Code is guilty of a misdemeanor of the first degree.	67558
If the person previously has been convicted of or pleaded guilty	67559
to a violation of division (C) of section 4729.552 of the Revised	67560
Code, that person is guilty of a felony of the fifth degree.	67561

Sec. 4730.411. (A) Except as provided in division (B) or (C)	67562
of this section, a physician assistant may prescribe to a patient	67563
a schedule II controlled substance only if all of the following	67564
are the case:	67565

(1) The patient is in a terminal condition, as defined in	67566
section 2133.01 of the Revised Code.	67567

(2) The physician assistant's supervising physician initially	67568
prescribed the substance for the patient.	67569

(3) The prescription is for an amount that does not exceed	67570
the amount necessary for the patient's use in a single,	67571
twenty-four-hour period.	67572

(B) The restrictions on prescriptive authority in division	67573
(A) of this section do not apply if a physician assistant issues	67574
the prescription to the patient from any of the following	67575
locations:	67576

(1) A hospital registered under section 3701.07 of the	67577
Revised Code;	67578

(2) An entity owned or controlled, in whole or in part, by a	67579
hospital or by an entity that owns or controls, in whole or in	67580
part, one or more hospitals;	67581

(3) A health care facility operated by the department of	67582
mental health or the department of developmental disabilities;	67583

(4) A nursing home or residential care facility licensed	67584
under section 3721.02 of the Revised Code or by a political	67585
subdivision certified under section 3721.09 of the Revised Code;	67586

(5) A county home or district home operated under Chapter	67587
5155. of the Revised Code that is certified under the medicare or	67588
medicaid program;	67589

(6) A hospice care program, as defined in section 3712.01 of	67590
the Revised Code;	67591

(7) A community mental health ~~agency~~services provider, as	67592
defined in section 5122.01 of the Revised Code;	67593

(8) An ambulatory surgical facility, as defined in section	67594
3702.30 of the Revised Code;	67595

(9) A freestanding birthing center, as defined in section	67596
3702.51 of the Revised Code;	67597

(10) A federally qualified health center, as defined in	67598
section 3701.047 of the Revised Code;	67599

(11) A federally qualified health center look-alike, as	67600
defined in section 3701.047 of the Revised Code;	67601

(12) A health care office or facility operated by the board	67602
of health of a city or general health district or the authority	67603
having the duties of a board of health under section 3709.05 of	67604
the Revised Code;	67605

(13) A site where a medical practice is operated, but only if	67606
the practice is comprised of one or more physicians who also are	67607
owners of the practice; the practice is organized to provide	67608
direct patient care; and the physician assistant has entered into	67609
a supervisory agreement with at least one of the physician owners	67610
who practices primarily at that site.	67611

(C) A physician assistant shall not issue to a patient a	67612
prescription for a schedule II controlled substance from a	67613
convenience care clinic even if the convenience care clinic is	67614
owned or operated by an entity specified in division (B) of this	67615
section.	67616

(D) A pharmacist who acts in good faith reliance on a	67617
prescription issued by a physician assistant under division (B) of	67618
this section is not liable for or subject to any of the following	67619
for relying on the prescription: damages in any civil action,	67620
prosecution in any criminal proceeding, or professional	67621
disciplinary action by the state board of pharmacy under Chapter	67622
4729. of the Revised Code.	67623

Sec. 4731.151. (A) Naprapaths who received a certificate to	67624
practice from the board prior to March 2, 1992, may continue to	67625
practice naprapathy, as defined in rules adopted by the board.	67626
Such naprapaths shall practice in accordance with rules adopted by	67627
the board.	67628

(B)(1) As used in this division:

67629

(a) "Mechanotherapy" means all of the following:

67630

(i) Examining patients by verbal inquiry;

67631

(ii) Examination of the musculoskeletal system by hand;

67632

(iii) Visual inspection and observation;

67633

(iv) Diagnosing a patient's condition only as to whether the	67634
patient has a disorder of the musculoskeletal system;	67635

(v) In the treatment of patients, employing the techniques of	67636
advised or supervised exercise; electrical neuromuscular	67637
stimulation; massage or manipulation; or air, water, heat, cold,	67638
sound, or infrared ray therapy only to those disorders of the	67639
musculoskeletal system that are amenable to treatment by such	67640
techniques and that are identifiable by examination performed in	67641
accordance with division (B)(1)(a)(i) of this section and	67642
diagnosable in accordance with division (B)(1)(a)(ii) of this	67643
section.	67644

(b) "Educational requirements" means the completion of a	67645
course of study appropriate for certification to practice	67646
mechanotherapy on or before November 3, 1985, as determined by	67647
rules adopted under this chapter.	67648

(2) Mechanotherapists who received a certificate to practice	67649
from the board prior to March 2, 1992, may continue to practice	67650
mechanotherapy, as defined in rules adopted by the board. Such	67651
mechanotherapists shall practice in accordance with rules adopted	67652
by the board.	67653

A person authorized by this division to practice as a	67654
mechanotherapist may examine, diagnose, and assume responsibility	67655
for the care of patients with due regard for first aid and the	67656
hygienic and nutritional care of the patients. Roentgen rays shall	67657
be used by a mechanotherapist only for diagnostic purposes.	67658

(3) A person who holds a certificate to practice	67659
mechanotherapy and completed educational requirements in	67660
mechanotherapy on or before November 3, 1985, is entitled to use	67661
the title "doctor of mechanotherapy" and is a "physician" who	67662
performs "medical services" for the purposes of Chapters 4121. and	67663
4123. of the Revised Code and the medicaid program ~~established~~	67664
~~under section 5111.01 of the Revised Code~~, and shall receive	67665
payment or reimbursement as provided under those chapters and that	67666
~~section~~program.	67667

Sec. 4731.23. (A)(1)(a) The state medical board shall	67668
designate one or more attorneys at law who have been admitted to	67669
the practice of law, and who are classified as either	67670
administrative law attorney examiners or as administrative law	67671
attorney examiner administrators under the state job	67672
classification plan adopted under section 124.14 of the Revised	67673
Code, as hearing examiners, subject to Chapter 119. of the Revised	67674
Code, to conduct any hearing which the medical board is empowered	67675
to hold or undertake pursuant to Chapter 119. of the Revised Code.	67676

(b) Notwithstanding the requirement of division (A)(1)(a) of	67677
this section that the board designate as a hearing examiner an	67678
attorney who is classified as either an administrative law	67679
attorney examiner or an administrative law attorney examiner	67680
administrator, the board may, subject to ~~controlling board~~	67681
~~approval~~section 127.16 of the Revised Code, enter into a personal	67682
service contract with an attorney admitted to the practice of law	67683
in this state to serve on a temporary basis as a hearing examiner.	67684

(2) The hearing examiner shall hear and consider the oral and	67685
documented evidence introduced by the parties and issue in writing	67686
proposed findings of fact and conclusions of law to the board for	67687
their consideration within thirty days following the close of the	67688
hearing.	67689

(B) The board shall be given copies of the transcript of the	67690
record hearing and all exhibits and documents presented by the	67691
parties at the hearing.	67692

(C) The board shall, upon the favorable vote of three	67693
members, allow the parties or their counsel the opportunity to	67694
present oral arguments on the proposed findings of fact and	67695
conclusions of law of the hearing examiner prior to the board's	67696
final action.	67697

(D) The board shall render a decision and take action within	67698
sixty days following the receipt of the hearing examiner's	67699
proposed findings of fact and conclusions of law or within any	67700
longer period mutually agreed upon by the board and the	67701
certificate holder.	67702

(E) The final decision of the board in any hearing which the	67703
board is empowered to undertake shall be in writing and contain	67704
findings of fact and conclusions of law. Copies of the decision	67705
shall be delivered to the parties personally or by certified mail.	67706
The decision shall be final upon delivery or mailing, except that	67707
the certificate holder may appeal in the manner provided by	67708
Chapter 119. of the Revised Code.	67709

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	67710
Revised Code:	67711

(A)(1) "Clinical laboratory services" means either of the	67712
following:	67713

(a) Any examination of materials derived from the human body	67714
for the purpose of providing information for the diagnosis,	67715
prevention, or treatment of any disease or impairment or for the	67716
assessment of health;	67717

(b) Procedures to determine, measure, or otherwise describe	67718
the presence or absence of various substances or organisms in the	67719
body.	67720

(2) "Clinical laboratory services" does not include the mere	67721
collection or preparation of specimens.	67722

(B) "Designated health services" means any of the following:

67723

(1) Clinical laboratory services;

67724

(2) Home health care services;

67725

(3) Outpatient prescription drugs.

67726

(C) "Fair market value" means the value in arms-length	67727
transactions, consistent with general market value and:	67728

(1) With respect to rentals or leases, the value of rental	67729
property for general commercial purposes, not taking into account	67730
its intended use;	67731

(2) With respect to a lease of space, not adjusted to reflect	67732
the additional value the prospective lessee or lessor would	67733
attribute to the proximity or convenience to the lessor if the	67734
lessor is a potential source of referrals to the lessee.	67735

(D) "Governmental health care program" means any program	67736
providing health care benefits that is administered by the federal	67737
government, this state, or a political subdivision of this state,	67738
including the medicare program ~~established under Title XVIII of~~	67739
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	67740
~~as amended~~, health care coverage for public employees, health care	67741
benefits administered by the bureau of workers' compensation, and	67742
the medicaid program ~~established under Chapter 5111. of the~~	67743
~~Revised Code~~.	67744

(E)(1) "Group practice" means a group of two or more holders	67745
of certificates under this chapter legally organized as a	67746
partnership, professional corporation or association, limited	67747
liability company, foundation, nonprofit corporation, faculty	67748
practice plan, or similar group practice entity, including an	67749
organization comprised of a nonprofit medical clinic that	67750
contracts with a professional corporation or association of	67751
physicians to provide medical services exclusively to patients of	67752
the clinic in order to comply with section 1701.03 of the Revised	67753
Code and including a corporation, limited liability company,	67754
partnership, or professional association described in division (B)	67755
of section 4731.226 of the Revised Code formed for the purpose of	67756
providing a combination of the professional services of	67757
optometrists who are licensed, certificated, or otherwise legally	67758
authorized to practice optometry under Chapter 4725. of the	67759
Revised Code, chiropractors who are licensed, certificated, or	67760
otherwise legally authorized to practice chiropractic or	67761
acupuncture under Chapter 4734. of the Revised Code, psychologists	67762
who are licensed, certificated, or otherwise legally authorized to	67763
practice psychology under Chapter 4732. of the Revised Code,	67764
registered or licensed practical nurses who are licensed,	67765
certificated, or otherwise legally authorized to practice nursing	67766
under Chapter 4723. of the Revised Code, pharmacists who are	67767
licensed, certificated, or otherwise legally authorized to	67768
practice pharmacy under Chapter 4729. of the Revised Code,	67769
physical therapists who are licensed, certificated, or otherwise	67770
legally authorized to practice physical therapy under sections	67771
4755.40 to 4755.56 of the Revised Code, occupational therapists	67772
who are licensed, certificated, or otherwise legally authorized to	67773
practice occupational therapy under sections 4755.04 to 4755.13 of	67774
the Revised Code, mechanotherapists who are licensed,	67775
certificated, or otherwise legally authorized to practice	67776
mechanotherapy under section 4731.151 of the Revised Code, and	67777
doctors of medicine and surgery, osteopathic medicine and surgery,	67778
or podiatric medicine and surgery who are licensed, certificated,	67779
or otherwise legally authorized for their respective practices	67780
under this chapter, to which all of the following apply:	67781

(a) Each physician who is a member of the group practice	67782
provides substantially the full range of services that the	67783
physician routinely provides, including medical care,	67784
consultation, diagnosis, or treatment, through the joint use of	67785
shared office space, facilities, equipment, and personnel.	67786

(b) Substantially all of the services of the members of the	67787
group are provided through the group and are billed in the name of	67788
the group and amounts so received are treated as receipts of the	67789
group.	67790

(c) The overhead expenses of and the income from the practice	67791
are distributed in accordance with methods previously determined	67792
by members of the group.	67793

(d) The group practice meets any other requirements that the	67794
state medical board applies in rules adopted under section 4731.70	67795
of the Revised Code.	67796

(2) In the case of a faculty practice plan associated with a	67797
hospital with a medical residency training program in which	67798
physician members may provide a variety of specialty services and	67799
provide professional services both within and outside the group,	67800
as well as perform other tasks such as research, the criteria in	67801
division (E)(1) of this section apply only with respect to	67802
services rendered within the faculty practice plan.	67803

(F) "Home health care services" and "immediate family" have	67804
the same meanings as in the rules adopted under section 4731.70 of	67805
the Revised Code.	67806

(G) "Hospital" has the same meaning as in section 3727.01 of	67807
the Revised Code.	67808

(H) A "referral" includes both of the following:

67809

(1) A request by a holder of a certificate under this chapter	67810
for an item or service, including a request for a consultation	67811
with another physician and any test or procedure ordered by or to	67812
be performed by or under the supervision of the other physician;	67813

(2) A request for or establishment of a plan of care by a	67814
certificate holder that includes the provision of designated	67815
health services.	67816

(I) "Third-party payer" has the same meaning as in section	67817
3901.38 of the Revised Code.	67818

Sec. 4731.71. The auditor of state may implement procedures	67819
to detect violations of section 4731.66 or 4731.69 of the Revised	67820
Code within governmental health care programs administered by the	67821
state. The auditor of state shall report any violation of either	67822
section to the state medical board and shall certify to the	67823
attorney general in accordance with section 131.02 of the Revised	67824
Code the amount of any refund owed to a state-administered	67825
governmental health care program under section 4731.69 of the	67826
Revised Code as a result of a violation. If a refund is owed to	67827
the medicaid program ~~established under Chapter 5111. of the~~	67828
~~Revised Code~~, the auditor of state also shall report the amount to	67829
the department of ~~job and family services~~medicaid.	67830

The state medical board also may implement procedures to	67831
detect violations of section 4731.66 or 4731.69 of the Revised	67832
Code.	67833

Sec. 4734.41. (A) As used in this section:

67834

(1) "Chemical dependency" means either of the following:

67835

(a) The chronic and habitual use of alcoholic beverages to	67836
the extent that the user no longer can control the use of alcohol	67837
or endangers the user's health, safety, or welfare or that of	67838
others;	67839

(b) The use of a controlled substance as defined in section	67840
3719.01 of the Revised Code, a harmful intoxicant as defined in	67841
section 2925.01 of the Revised Code, or a dangerous drug as	67842
defined in section 4729.01 of the Revised Code, to the extent that	67843
the user becomes physically or psychologically dependent on the	67844
substance, intoxicant, or drug or endangers the user's health,	67845
safety, or welfare or that of others.	67846

(2) "Mental illness" means a recognized psychiatric or	67847
psychological condition, disorder, or syndrome that has been	67848
diagnosed by a psychiatrist, psychologist, professional clinical	67849
counselor, or independent social worker as a condition, disorder,	67850
or syndrome that may pose a danger to the person diagnosed or	67851
others or may prevent the person from practicing the person's	67852
profession according to acceptable and prevailing standards of	67853
care.	67854

(B) The state chiropractic board shall establish a chemical	67855
dependency and mental illness monitoring program. The program	67856
shall be made available to any individual under the board's	67857
jurisdiction who has a chemical dependency or mental illness and	67858
meets the board's eligibility requirements for admission to and	67859
continued participation in the program. The board shall develop	67860
the program and may designate a coordinator to administer it or	67861
enter into a contract for the program to be administered by	67862
another entity through a coordinator. The board shall adopt rules	67863
in accordance with Chapter 119. of the Revised Code that establish	67864
standards and procedure for operating the program.	67865

(C) Except as provided in division (D) of this section, all	67866
records of an individual's participation in the monitoring	67867
program, including medical records, chemical dependency records,	67868
and mental health records, shall be confidential, are not public	67869
records for the purposes of section 149.43 of the Revised Code,	67870
and are not subject to discovery by subpoena or ~~admissble~~	67871
admissible as evidence in any judicial proceeding. The program	67872
coordinator shall maintain all records as directed by the board.	67873

(D) The monitoring program's coordinator may disclose records	67874
or information regarding an individual's progress and status of	67875
participation in the program to the disciplinary section of the	67876
board and to any person or government entity that the program	67877
participant authorizes in writing to be given the records or	67878
information.	67879

In disclosing records or information under this division, the	67880
coordinator shall not include any record or information that is	67881
protected under section ~~3793.13~~5119.27 of the Revised Code or any	67882
federal statute or regulation that provides for the	67883
confidentiality of mental health or substance abuse records.	67884

(E) In the absence of fraud or bad faith, the monitoring	67885
program's coordinator, the board and the board's employees and	67886
representatives are not liable for damages in any civil action as	67887
a result of disclosing records or information in accordance with	67888
division (D) of this section. In the absence of fraud or bad	67889
faith, any person reporting to the program an individual's	67890
chemical dependency or mental illness, or the progress or lack of	67891
progress of that individual with regard to treatment, is not	67892
liable for damages in any civil action as a result of the report.	67893

(F) The board may abstain from taking formal disciplinary	67894
action under section 4734.31 of the Revised Code against an	67895
individual because of the individual's chemical dependency or	67896
mental illness, if the individual meets the eligibility	67897
requirements for admission into the monitoring program and all of	67898
the following occur:	67899

(1) The individual enters into a monitoring agreement with	67900
the coordinator of the program;	67901

(2) The individual complies with the terms and conditions for	67902
continued participation in the program, as specified in the	67903
monitoring agreement;	67904

(3) The individual successfully completes the terms and	67905
conditions of the monitoring agreement, including the condition	67906
that the individual attain the ability to practice in accordance	67907
with acceptable and prevailing standards of care applicable to the	67908
practice of chiropractic.	67909

Sec. 4745.01. (A) "Standard renewal procedure," as used in	67910
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,	67911
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3742., 3748.,	67912
3769., 3783., 3921., 3951., 4104., 4105., ~~4143.,~~ 4169., 4561.,	67913
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727.,	67914
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747.,	67915
4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., 4766.,	67916
4773., and 4775. of the Revised Code, means the license renewal	67917
procedures specified in this chapter.	67918

(B) "Licensing agency," as used in this chapter, means any	67919
department, division, board, section of a board, or other state	67920
governmental unit subject to the standard renewal procedure, as	67921
defined in this section, and authorized by the Revised Code to	67922
issue a license to engage in a specific profession, occupation, or	67923
occupational activity, or to have charge of and operate certain	67924
specified equipment, machinery, or premises.	67925

(C) "License," as used in this chapter, means a license,	67926
certificate, permit, card, or other authority issued or conferred	67927
by a licensing agency by authority of which the licensee has or	67928
claims the privilege to engage in the profession, occupation, or	67929
occupational activity, or to have control of and operate certain	67930
specific equipment, machinery, or premises, over which the	67931
licensing agency has jurisdiction.	67932

(D) "Licensee," as used in this chapter, means either the	67933
person to whom the license is issued or renewed by a licensing	67934
agency, or the person, partnership, or corporation at whose	67935
request the license is issued or renewed.	67936

(E) "Renewal" and "renewed," as used in this chapter and in	67937
the chapters of the Revised Code specified in division (A) of this	67938
section, includes the continuing licensing procedure provided in	67939
Chapter 3748. of the Revised Code and rules adopted under it and	67940
in sections 1321.05 and 3921.33 of the Revised Code, and as	67941
applied to those continuing licenses any reference in this chapter	67942
to the date of expiration of any license shall be construed to	67943
mean the due date of the annual or other fee for the continuing	67944
license.	67945

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	67946
of the Revised Code:	67947

(A) "Long-term services and supports settings" means any	67948
institutional or community-based setting in which medical, health,	67949
psycho-social, habilitative, rehabilitative, or personal care	67950
services are provided to individuals on a post-acute care basis.	67951

(B) "Nursing home administrator" means any individual	67952
responsible for planning, organizing, directing, and managing the	67953
operation of a nursing home, or who in fact performs such	67954
function, whether or not such functions and duties are shared by	67955
one or more other persons.	67956

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	67957
under the authority of section 3721.01 of the Revised Code, or a	67958
nursing home operated by a governmental agency.	67959

~~(C)~~(D) "Temporary license" means a license for a period not	67960
to exceed one hundred eighty days issued pursuant to division (B)	67961
of section 4751.06 of the Revised Code.	67962

~~(D)~~(E) "Valid license" means a license which is current and	67963
in good standing.	67964

Sec. 4751.02. (A) No person shall operate a nursing home	67965
unless it is under the supervision of an administrator whose	67966
principal occupation is nursing home administration or hospital	67967
administration and who holds a valid nursing home administrator's	67968
license and registration, or a temporary license, issued pursuant	67969
to Chapter 4751. of the Revised Code.	67970

(B) No person other than a licensed and registered nursing	67971
home administrator or person holding a temporary license as	67972
required by Chapter 4751. of the Revised Code shall practice or	67973
offer to practice nursing home administration in this state. All	67974
nursing home administrators and temporary licensees shall comply	67975
with Chapter 4751. of the Revised Code and the regulations adopted	67976
thereunder.	67977

(C) Every operator of a nursing home shall report to the	67978
board of ~~examiners~~executives of ~~nursing home administrators~~	67979
long-term services and supports the name and license number of	67980
each nursing home administrator for said home within ten days	67981
after the operator engages a nursing home administrator, and	67982
within ten days after a nursing home administrator is no longer	67983
engaged as such by such operator for said home.	67984

(D) Each individual who holds a nursing home administrator	67985
license or temporary license shall report ~~his~~the individual's	67986
residence mailing address and the name and address of each place	67987
of employment to the board within ten days after any change.	67988

Sec. 4751.03. (A) There is hereby established in the	67989
department of ~~health~~aging a board of ~~examiners~~executives of	67990
~~nursing home administrators~~long-term services and supports, which	67991
board shall be composed of ~~nine~~the following eleven members,	67992
~~eight of whom shall be representative of the professions and~~	67993
~~institutions concerned with care and treatment of chronically ill~~	67994
~~or infirm aged patients, and one of whom shall be a public member~~	67995
~~at least sixty years of age, provided that less than a majority of~~	67996
~~the board members shall be representative of a single profession~~	67997
~~or institutional category, and provided further that a person~~	67998
~~appointed as a noninstitutional member shall neither have nor~~	67999
~~acquire any direct financial interest in a nursing home. For~~	68000
~~purposes of this section, nursing home administrators are~~	68001
~~considered representatives of institutions.~~	68002

~~Four members shall be nursing home administrators, owners of~~	68003
~~nursing homes or an officer of a corporation owning a nursing~~	68004
~~home. The director of health or his designated representative~~	68005
~~shall be a member. All~~:	68006

(1) Four members who are nursing home administrators, owners	68007
of nursing homes, or officers of corporations owning nursing	68008
homes, and who shall have an understanding of person-centered	68009
care, and experience with a range of long-term services and	68010
supports settings;	68011

(2) Three members who work in long-term services and supports	68012
settings that are not nursing homes, and who shall have an	68013
understanding of person-centered care, and experience with a range	68014
of long-term services and supports settings;	68015

(3) One member who is a member of the academic community;

68016

(4) One member who is a consumer of services offered in a	68017
long-term services and supports setting;	68018

(5) One member who is a representative of the department of	68019
health, designated by the director of health, who is involved in	68020
the nursing home survey and certification process;	68021

(6) One member who is a representative of the office of the	68022
state long-term care, designated by the state long-term care	68023
ombudsman.	68024

All members of the board shall be citizens of the United	68025
States and residents of this state. No member of the board who is	68026
appointed under divisions (A)(3) to (6) of this section may have	68027
or acquire any direct financial interest in a nursing home or	68028
long-term services and supports settings.	68029

(B) The term of office for each appointed member of the board	68030
shall be for three years, commencing on the twenty-eighth day of	68031
May and ending on the twenty-seventh day of May. Each member shall	68032
serve from the date of ~~his~~ appointment until the end of the term	68033
for which ~~he was~~ appointed. No member shall serve more than two	68034
consecutive full terms.	68035

(C) Appointments to the board shall be made by the governor.	68036
Any member appointed to fill a vacancy occurring prior to the	68037
expiration of the term for which ~~his~~the member's predecessor was	68038
appointed shall hold office for the remainder of such term. Any	68039
appointed member shall continue in office subsequent to the	68040
expiration date of ~~his~~the member's term until ~~his~~the member's	68041
successor takes office, or until a period of sixty days has	68042
elapsed, whichever occurs first.	68043

(D) The governor may remove any member of the board for	68044
misconduct, incapacity, incompetence, or neglect of duty after the	68045
member so charged has been served with a written statement of	68046
charges and has been given an opportunity to be heard.	68047

(E) Each member of the board, except the member designated by	68048
the director of health ~~or his~~and the member designated	68049
~~representative~~by the ombudsman, shall be paid in accordance with	68050
section 124.15 of the Revised Code and each member shall be	68051
reimbursed for ~~his~~the member's actual and necessary expenses	68052
incurred in the discharge of such duties.	68053

(F) The board shall elect annually from its membership a	68054
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	68055

(G) The board shall hold and conduct meetings quarterly and	68056
at such other times as its business requires. A majority of the	68057
board shall constitute a quorum. The affirmative vote of a	68058
majority of the members of the board is necessary for the board to	68059
act.	68060

(H) The board shall appoint a secretary who has no financial	68061
interest in a ~~nursing home~~long-term services and supports	68062
setting, and may employ and prescribe the powers and duties of	68063
such employees and consultants as are necessary to carry out this	68064
chapter and the rules adopted under it. ~~Administrative, technical,~~	68065
~~or other services shall be performed, insofar as practicable, by~~	68066
~~personnel of the department of health.~~	68067

Sec. 4751.04. (A) The board of ~~examiners~~executives of	68068
~~nursing home administrators~~long-term services and supports shall:	68069

(1) Develop, adopt, impose, and enforce regulations	68070
prescribing standards which must be met by individuals in order to	68071
receive a license as a nursing home administrator, which standards	68072
shall be designed to ensure that nursing home administrators are	68073
of good character and are otherwise suitable, and who, by training	68074
and experience, are qualified to serve as nursing home	68075
administrators;	68076

(2) Develop and apply appropriate techniques, including	68077
examinations and investigations, for determining whether an	68078
individual meets such standards;	68079

(3) Issue licenses and registrations to individuals	68080
determined, after application of such techniques, to meet such	68081
standards, and revoke or suspend licenses or registrations	68082
previously issued by the board in any case where the individual	68083
holding such license or registration is determined to have failed	68084
substantially to conform to the requirements of such standards;	68085

(4) Develop, adopt, impose, and enforce regulations and	68086
procedures designed to ensure that individuals holding a temporary	68087
license, or licensed as nursing home administrators will, during	68088
any period that they serve as such, comply with Chapter 4751. of	68089
the Revised Code and the regulations adopted thereunder;	68090

(5) Receive, investigate, and take appropriate action with	68091
respect to any charge or complaint filed with the board to the	68092
effect that any individual licensed as a nursing home	68093
administrator has failed to comply with Chapter 4751. of the	68094
Revised Code and the regulations adopted thereunder;	68095

(6) Take such other actions as may be necessary to enable the	68096
state to meet the requirements set forth in the "Social Security	68097
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	68098

(7) Pay all license and registration fees collected under	68099
Chapter 4751. of the Revised Code into the ~~general operations~~	68100
board of executives of long-term services and support fund created	68101
by section ~~3701.83~~4751.14 of the Revised Code to be used in	68102
administering and enforcing this chapter and the rules adopted	68103
under it;	68104

(8) Administer, or contract with a government or private	68105
entity to administer, examinations for licensure as a nursing home	68106
administrator. If the board contracts with a government or private	68107
entity to administer the examinations, the contract may authorize	68108
the entity to collect and keep, as all or part of the entity's	68109
compensation under the contract, any fee an applicant for	68110
licensure pays to take an examination. The entity is not required	68111
to deposit the fee into the state treasury;	68112

(9) Enter into a contract with the department of aging as	68113
required under section 4751.042 of the Revised Code;	68114

(10) Create opportunities for the education, training, and	68115
credentialing of nursing home administrators and others in	68116
leadership positions who practice in long-term services and	68117
supports settings or who direct the practices of others in those	68118
settings. In carrying out this function, the board shall do the	68119
following:	68120

(a) Identify core competencies and areas of knowledge that	68121
are appropriate for nursing home administrators and others working	68122
within the long-term services and supports settings system, with	68123
an emphasis on all of the following:	68124

(i) Leadership;

68125

(ii) Person-centered care;

68126

(iii) Principles of management within both the business and	68127
regulatory environments;	68128

(iv) An understanding of all post-acute settings, including	68129
transitions from acute settings and between post-acute settings.	68130

(b) Assist in the development of a strong, competitive market	68131
in Ohio for training, continuing education, and degree programs in	68132
long-term services and supports settings administration.	68133

(B) In the administration and enforcement of Chapter 4751. of	68134
the Revised Code, and the regulations adopted thereunder, the	68135
board is subject to Chapter 119. of the Revised Code and sections	68136
4743.01 and 4743.02 of the Revised Code except that a notice of	68137
appeal of an order of the board adopting, amending, or rescinding	68138
a rule or regulation does not operate as a stay of the effective	68139
date of such order as provided in section 119.11 of the Revised	68140
Code. The court, at its discretion, may grant a stay of any	68141
regulation in its application against the person filing the notice	68142
of appeal.	68143

Sec. 4751.041. Except when the board of ~~examiners~~executives	68144
of ~~nursing home administrators~~long-term services and supports	68145
considers it necessary, the board shall not disclose test	68146
materials, examinations, or evaluation tools used in an	68147
examination for licensure as a nursing home administrator that the	68148
board administers under section 4751.04 of the Revised Code or	68149
contracts under that section with a private or government entity	68150
to administer.	68151

Sec. 4751.042. (A) The board of executives of long-term	68152
services and supports shall enter into a written agreement with	68153
the department of aging for the department to serve as the board's	68154
fiscal agent. The fiscal agent shall be responsible for all the	68155
board's fiscal matters and financial transactions, as specified in	68156
the agreement. The written agreement shall specify the fees that	68157
the board shall pay to the fiscal agent for services performed	68158
under the agreement, and such fees shall be in proportion to the	68159
services performed for the board.	68160

(1) The agreement shall require the fiscal agent to provide	68161
the following services:	68162

(a) Preparation and processing of payroll and other personnel	68163
documents that the board approves;	68164

(b) Maintenance of ledgers of accounts and reports of account	68165
balances, and monitoring of budgets and allotment plans in	68166
consultation with the board;	68167

(c) Performance of other routine support services, specified	68168
in the agreement, that the fiscal agent considers appropriate to	68169
achieve efficiency.	68170

(2) The agreement may require the fiscal agent to provide the	68171
following services:	68172

(a) Any shared services between the board and the fiscal	68173
agent;	68174

(b) Any other services agreed to by the board and the	68175
department, including administrative or technical services.	68176

(B) The board, in conjunction and consultation with the	68177
fiscal agent, has the following authority and responsibility	68178
relative to fiscal matters:	68179

(1) Sole authority to expend funds from the board's accounts	68180
for programs and any other necessary expenses the board may incur;	68181

(2) Responsibility to cooperate with and inform the fiscal	68182
agent fully of all financial transactions.	68183

(C) The board shall follow all state procurement, fiscal,	68184
human resources, information technology, statutory, and	68185
administrative rule requirements.	68186

(D) In its role as fiscal agent for the board, the department	68187
shall serve as a contractor of the board, and does not assume	68188
responsibility for the debts or fiscal obligations of the board.	68189

Sec. 4751.05. (A) The board of ~~examiners~~executives of	68190
~~nursing home administrators~~long-term services and supports, or a	68191
government or private entity under contract with the board to	68192
administer examinations for licensure as a nursing home	68193
administrator, shall admit to an examination any candidate who:	68194

(1) Pays the application fee of fifty dollars;

68195

(2) Submits evidence of good moral character and suitability;

68196

(3) Is at least eighteen years of age;

68197

(4) Has completed educational requirements and work	68198
experience satisfactory to the board;	68199

(5) Submits an application on forms prescribed by the board;

68200

(6) Pays the examination fee charged by the board or	68201
government or private entity.	68202

(B) Nothing in Chapter 4751. of the Revised Code or the rules	68203
adopted thereunder shall be construed to require an applicant for	68204
licensure or a temporary license, who is employed by an	68205
institution for the care and treatment of the sick to demonstrate	68206
proficiency in any medical techniques or to meet any medical	68207
educational qualifications or medical standards not in accord with	68208
the remedial care and treatment provided by the institution if the	68209
institution is all of the following:	68210

(1) Operated exclusively for patients who use spiritual means	68211
for healing and for whom the acceptance of medical care is	68212
inconsistent with their religious beliefs;	68213

(2) Accredited by a national accrediting organization;

68214

(3) Exempt from federal income taxation under section 501 of	68215
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	68216
as amended;	68217

(4) Providing twenty-four hour nursing care pursuant to the	68218
exemption in division (E) of section 4723.32 of the Revised Code	68219
from the licensing requirements of Chapter 4723. of the Revised	68220
Code.	68221

(C) If a person fails three times to attain a passing grade	68222
on the examination, said person, before the person may again be	68223
admitted to examination, shall meet such additional education or	68224
experience requirements, or both, as may be prescribed by the	68225
board.	68226

Sec. 4751.06. (A) An applicant for licensure as a nursing	68227
home administrator who has successfully completed the requirements	68228
of section 4751.05 of the Revised Code, passed the examination	68229
administered by the board of ~~examiners~~executives of ~~nursing home~~	68230
~~administrators~~long-term services and supports or a government or	68231
private entity under contract with the board, and paid to the	68232
board an original license fee of two hundred fifty dollars shall	68233
be issued a license on a form provided by the board. Such license	68234
shall certify that the applicant has met the licensure	68235
requirements of Chapter 4751. of the Revised Code and is entitled	68236
to practice as a licensed nursing home administrator.	68237

(B) A temporary license for a period not to exceed one	68238
hundred eighty days may be issued to an individual temporarily	68239
filling the position of a nursing home administrator vacated by	68240
reason of death, illness, or other unexpected cause, pursuant to	68241
regulations adopted by the board.	68242

(C) The fee for a temporary license is one hundred dollars.	68243
Said fee must accompany the application for the temporary license.	68244

(D) Any license or temporary license issued by the board	68245
pursuant to this section shall be under the hand of the	68246
chairperson and the secretary of the board.	68247

(E) A duplicate of the original certificate of registration	68248
or license may be secured to replace one that has been lost or	68249
destroyed by submitting to the board a notarized statement	68250
explaining the conditions of the loss, mutilation, or destruction	68251
of the certificate or license and by paying a fee of twenty-five	68252
dollars.	68253

(F) A duplicate certificate of registration and license may	68254
be issued in the event of a legal change of name by submitting to	68255
the board a certified copy of the court order or marriage license	68256
establishing the change of name, by returning at the same time the	68257
original license and certificate of registration, and by paying a	68258
fee of twenty-five dollars.	68259

Sec. 4751.07. (A) Every individual who holds a valid license	68260
as a nursing home administrator issued under division (A) of	68261
section 4751.06 of the Revised Code, shall immediately upon	68262
issuance thereof be registered with the board of ~~examiners~~	68263
executives of ~~nursing home administrators~~long-term services and	68264
supports and be issued a certificate of registration. Such	68265
individual shall annually apply to the board for a new certificate	68266
of registration on forms provided for such purpose prior to the	68267
expiration of the certificate of registration and shall at the	68268
same time submit satisfactory evidence to the board of having	68269
attended such continuing education programs or courses of study as	68270
may be prescribed in rules adopted by the board.	68271

(B) Upon making an application for a new certificate of	68272
registration such individual shall pay the annual registration fee	68273
of three hundred dollars.	68274

(C) Upon receipt of such application for registration and the	68275
registration fee required by divisions (A) and (B) of this	68276
section, the board shall issue a certificate of registration to	68277
such nursing home administrator.	68278

(D) The license of a nursing home administrator who fails to	68279
comply with this section shall automatically lapse.	68280

(E) A nursing home administrator who has been licensed and	68281
registered in this state who determines to temporarily abandon the	68282
practice of nursing home administration shall notify the board in	68283
writing immediately; provided, that such individual may thereafter	68284
register to resume the practice of nursing home administration	68285
within the state upon complying with the requirements of this	68286
section regarding annual registration.	68287

(F) Only an individual who has qualified as a licensed and	68288
registered nursing home administrator under Chapter 4751. of the	68289
Revised Code and the rules adopted thereunder, and who holds a	68290
valid current registration certificate pursuant to this section,	68291
may use the title "nursing home administrator," or the	68292
abbreviation "N.H.A." after the individual's name. No other person	68293
shall use such title or such abbreviation or any other words,	68294
letters, sign, card, or device tending to indicate or to imply	68295
that the person is a licensed and registered nursing home	68296
administrator.	68297

(G) Every person holding a valid license entitling the person	68298
to practice nursing home administration in this state shall	68299
display said license in the nursing home which is the person's	68300
principal place of employment, and while engaged in the practice	68301
of nursing home administration shall have at hand the current	68302
registration certificate.	68303

(H) Every person holding a valid temporary license shall have	68304
such license at hand while engaged in the practice of nursing home	68305
administration.	68306

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	68307
~~home administrators~~long-term services and supports, in its	68308
discretion, and otherwise subject to Chapter 4751. of the Revised	68309
Code and the rules adopted by the board thereunder prescribing the	68310
qualifications for a nursing home administrator license, may	68311
license a nursing home administrator without examination if hethe	68312
nursing home administrator has a valid license issued by the	68313
proper authorities of any other state, upon payment of a fee of	68314
one hundred fifty dollars, and upon submission of evidence	68315
satisfactory to the board both:	68316

(A) That such other state maintained a system and standard of	68317
qualifications and examinations for a nursing home administrator	68318
license which were substantially equivalent to those required in	68319
this state at the time such other license was issued by such other	68320
state;	68321

(B) That such other state gives similar recognition to	68322
nursing home administrators licensed in this state.	68323

Sec. 4751.10. The license or registration, or both, or the	68324
temporary license of any person practicing or offering to practice	68325
nursing home administration, shall be revoked or suspended by the	68326
board of ~~examiners~~executives of ~~nursing home administrators~~	68327
long-term services and supports if such licensee or temporary	68328
licensee:	68329

(A) Is unfit or incompetent by reason of negligence, habits,	68330
or other causes;	68331

(B) Has willfully or repeatedly violated any of the	68332
provisions of Chapter 4751. of the Revised Code or the regulations	68333
adopted thereunder; or willfully or repeatedly acted in a manner	68334
inconsistent with the health and safety of the patients of the	68335
nursing home in which hethe licensee or temporary licensee is the	68336
administrator;	68337

(C) Is guilty of fraud or deceit in the practice of nursing	68338
home administration or in ~~his~~the licensee's or temporary	68339
licensee's admission to such practice;	68340

(D) Has been convicted in a court of competent jurisdiction,	68341
either within or without this state, of a felony.	68342

Proceedings under this section shall be instituted by the	68343
board or shall be begun by filing with the board charges in	68344
writing and under oath.	68345

Sec. 4751.11. (A) The board of ~~examiners~~executives of	68346
~~nursing home administrators~~long-term services and supports may,	68347
in its discretion, reissue a license or registration, or both, to	68348
any person whose license or registration, or both, has been	68349
revoked.	68350

(B) Application for the reissuance of a license or	68351
registration, or both, shall not be made prior to one year after	68352
revocation and shall be made in such manner as the board may	68353
direct.	68354

(C) If a person convicted of a felony is subsequently	68355
pardoned by the governor of the state where such conviction was	68356
had or by the president of the United States, or receives a final	68357
release granted by the adult parole authority of this state or its	68358
equivalent agency of another state, the board may, in its	68359
discretion, on application of such person and on the submission of	68360
evidence satisfactory to the board restore to such person the	68361
nursing home administrator's license or registration, or both.	68362

Sec. 4751.12. On receipt of a notice pursuant to section	68363
3123.43 of the Revised Code, the board of ~~examiners~~executives of	68364
~~nursing home administrators~~long-term services and supports shall	68365
comply with sections 3123.41 to 3123.50 of the Revised Code and	68366
any applicable rules adopted under section 3123.63 of the Revised	68367
Code with respect to a license issued pursuant to this chapter.	68368

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	68369
~~home administrators~~long-term services and supports shall comply	68370
with section 4776.20 of the Revised Code.	68371

Sec. 4751.14. There is hereby created in the state treasury	68372
the board of executives of long-term services and supports fund.	68373
The fund shall consist of license and registration fees collected	68374
under this chapter. Money in the fund shall be used by the board	68375
of executives of long-term services and supports to administer and	68376
enforce this chapter and the rules adopted under it. Investment	68377
earnings of the fund shall be credited to the fund.	68378

Sec. 4753.071. A person who is required to meet the	68379
supervised professional experience requirement of division (F) of	68380
section 4753.06 of the Revised Code shall submit to the board of	68381
speech-language pathology and audiology an application for a	68382
conditional license. The application shall include a plan for the	68383
content of the supervised professional experience on a form the	68384
board shall prescribe. The board shall issue the conditional	68385
license to the applicant if the applicant meets the requirements	68386
of section 4753.06 of the Revised Code, other than the requirement	68387
to have obtained the supervised professional experience, and pays	68388
to the board the appropriate fee for a conditional license. An	68389
applicant may not begin employment until the conditional license	68390
has been issued.	68391

A conditional license authorizes an individual to practice	68392
speech-language pathology or audiology while completing the	68393
supervised professional experience as required by division (F) of	68394
section 4753.06 of the Revised Code. A person holding a	68395
conditional license may practice speech-language pathology or	68396
audiology while working under the supervision of a person fully	68397
licensed in accordance with this chapter. A conditional license is	68398
valid for eighteen months unless suspended or revoked pursuant to	68399
section 3123.47 or 4753.10 of the Revised Code.	68400

A person holding a conditional license may perform services	68401
for which ~~reimbursement~~payment will be sought under the medicare	68402
program ~~established under Title XVIII of the "Social Security~~	68403
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended,~~ or the	68404
medicaid program ~~established under Chapter 5111. of the Revised~~	68405
~~Code~~ but all requests for ~~reimbursement~~payment for such services	68406
shall be made by the person who supervises the person performing	68407
the services.	68408

Sec. 4755.481. (A) If a physical therapist evaluates and	68409
treats a patient without the prescription of, or the referral of	68410
the patient by, a person described in division (G)(1) of section	68411
4755.48 of the Revised Code, all of the following apply:	68412

(1) The physical therapist shall, upon consent of the	68413
patient, inform the relevant person described in division (G)(1)	68414
of section 4755.48 of the Revised Code of the evaluation not later	68415
than five business days after the evaluation is made.	68416

(2) If the physical therapist determines, based on reasonable	68417
evidence, that no substantial progress has been made with respect	68418
to that patient during the thirty-day period immediately following	68419
the date of the patient's initial visit with the physical	68420
therapist, the physical therapist shall consult with or refer the	68421
patient to a person described in division (G)(1) of section	68422
4755.48 of the Revised Code, unless either of the following	68423
applies:	68424

(a) The evaluation, treatment, or services are being provided	68425
for fitness, wellness, or prevention purposes.	68426

(b) The patient previously was diagnosed with chronic,	68427
neuromuscular, or developmental conditions and the evaluation,	68428
treatment, or services are being provided for problems or symptoms	68429
associated with one or more of those previously diagnosed	68430
conditions.	68431

(3) If the physical therapist determines that orthotic	68432
devices are necessary to treat the patient, the physical therapist	68433
shall be limited to the application of the following orthotic	68434
devices:	68435

(a) Upper extremity adaptive equipment used to facilitate the	68436
activities of daily living;	68437

(b) Finger splints;

68438

68439

(d) Prefabricated elastic or fabric abdominal supports with	68440
or without metal or plastic reinforcing stays and other	68441
prefabricated soft goods requiring minimal fitting;	68442

(e) Nontherapeutic accommodative inlays;

68443

(f) Shoes that are not manufactured or modified for a	68444
particular individual;	68445

(g) Prefabricated foot care products;

68446

(h) Custom foot orthotics;

68447

(i) Durable medical equipment.

68448

(4) If, at any time, the physical therapist has reason to	68449
believe that the patient has symptoms or conditions that require	68450
treatment or services beyond the scope of practice of a physical	68451
therapist, the physical therapist shall refer the patient to a	68452
licensed health care practitioner acting within the practitioner's	68453
scope of practice.	68454

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	68455
Code shall be construed to require reimbursement under any health	68456
insuring corporation policy, contract, or agreement, any sickness	68457
and accident insurance policy, the ~~medical assistance~~medicaid	68458
program ~~as defined in section 5111.01 of the Revised Code~~, or the	68459
health partnership program or qualified health plans established	68460
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	68461
any physical therapy service rendered without the prescription of,	68462
or the referral of the patient by, a person described in division	68463
(G)(1) of section 4755.48 of the Revised Code.	68464

(C) For purposes of this section, "business day" means any	68465
calendar day that is not a Saturday, Sunday, or legal holiday.	68466
"Legal holiday" has the same meaning as in section 1.14 of the	68467
Revised Code.	68468

Sec. 4758.10. (A) There is hereby created the chemical	68469
dependency professionals board.	68470

(B) The governor shall appoint all of the following voting	68471
members of the board with the advice and consent of the senate:	68472

(1) Four individuals who hold a valid independent chemical	68473
dependency counselor-clinical supervisor license or independent	68474
chemical dependency counselor license issued under this chapter,	68475
including at least two of whom have received at least a master's	68476
degree in a field related to chemical dependency counseling from	68477
an accredited educational institution;	68478

(2) Two individuals who hold a valid chemical dependency	68479
counselor III license issued under this chapter;	68480

(3) One individual who holds a valid chemical dependency	68481
counselor II license issued under this chapter;	68482

(4) Two individuals who hold a valid prevention specialist II	68483
certificate or prevention specialist I certificate issued under	68484
this chapter;	68485

(5) One individual who is authorized under Chapter 4731. of	68486
the Revised Code to practice medicine and surgery or osteopathic	68487
medicine and surgery and has experience practicing in a field	68488
related to chemical dependency counseling;	68489

(6) Two individuals who represent the public and have not	68490
practiced chemical dependency counseling or alcohol and other drug	68491
prevention services and have not been involved in the delivery of	68492
chemical dependency counseling services or alcohol and other drug	68493
prevention services. At least one of these individuals shall be at	68494
least ~~sixty~~fifty years of age. During their terms, the public	68495
members shall not practice chemical dependency counseling or	68496
alcohol and other drug prevention services or be involved in the	68497
delivery of chemical dependency counseling services or alcohol and	68498
other drug prevention services.	68499

(C) Not later than ninety days after December 23, 2002, the	68500
director of ~~alcohol and drug addiction services~~mental health and	68501
addiction services shall appoint an individual who represents the	68502
department of ~~alcohol and drug addiction services~~mental health	68503
and addiction services to serve as an ex officio member of the	68504
chemical dependency professionals board.	68505

(D) Not more than one-half of the voting members of the board	68506
may be of the same gender or members of the same political party.	68507
At least two voting members of the board shall be of African,	68508
Native American, Hispanic, or Asian descent.	68509

Sec. 4758.11. Of the initial appointees to the chemical	68510
dependency professionals board appointed by the governor under	68511
division (B) of section 4758.10 of the Revised Code, four shall be	68512
appointed for terms ending one year after ~~the effective date of~~	68513
~~this section~~December 23, 2002, four shall be appointed for terms	68514
ending two years after ~~the effective date of this section~~December	68515
23, 2002, and four shall be appointed for terms ending three years	68516
after ~~the effective date of this section~~December 23, 2002. After	68517
the initial appointments, terms of office shall be three years,	68518
each term ending on the same day of the same month of the year as	68519
the term it succeeds.	68520

A voting member of the board shall hold office from the date	68521
of appointment until the end of the term for which the member was	68522
appointed. A voting member appointed to fill a vacancy occurring	68523
prior to the expiration of the term for which the member's	68524
predecessor was appointed shall hold office for the remainder of	68525
that term. A voting member shall continue in office after the	68526
expiration date of the member's term until the member's successor	68527
takes office or until a period of sixty days has elapsed,	68528
whichever occurs first. Voting members may be reappointed, except	68529
that an individual who has held office for two consecutive full	68530
terms shall not be reappointed sooner than one year after the	68531
expiration of the second full term.	68532

The ex officio member of the board appointed by the director	68533
of ~~alcohol and drug addiction services~~mental health and addiction	68534
services under division (C) of section 4758.10 of the Revised Code	68535
shall serve at the pleasure of the director.	68536

Sec. 4761.01. As used in this chapter:

68537

(A) "Respiratory care" means rendering or offering to render	68538
to individuals, groups, organizations, or the public any service	68539
involving the evaluation of cardiopulmonary function, the	68540
treatment of cardiopulmonary impairment, the assessment of	68541
treatment effectiveness, and the care of patients with	68542
deficiencies and abnormalities associated with the cardiopulmonary	68543
system. The practice of respiratory care includes:	68544

(1) Obtaining, analyzing, testing, measuring, and monitoring	68545
blood and gas samples in the determination of cardiopulmonary	68546
parameters and related physiologic data, including flows,	68547
pressures, and volumes, and the use of equipment employed for this	68548
purpose;	68549

(2) Administering, monitoring, recording the results of, and	68550
instructing in the use of medical gases, aerosols, and	68551
bronchopulmonary hygiene techniques, including drainage,	68552
aspiration, and sampling, and applying, maintaining, and	68553
instructing in the use of artificial airways, ventilators, and	68554
other life support equipment employed in the treatment of	68555
cardiopulmonary impairment and provided in collaboration with	68556
other licensed health care professionals responsible for providing	68557
care;	68558

(3) Performing cardiopulmonary resuscitation and respiratory	68559
rehabilitation techniques;	68560

(4) Administering medications for the testing or treatment of	68561
cardiopulmonary impairment.	68562

(B) "Respiratory care professional" means a person who is	68563
licensed under this chapter to practice the full range of	68564
respiratory care services as defined in division (A) of this	68565
section.	68566

(C) "Physician" means an individual authorized under Chapter	68567
4731. of the Revised Code to practice medicine and surgery or	68568
osteopathic medicine and surgery.	68569

(D) "Registered nurse" means an individual licensed under	68570
Chapter 4723. of the Revised Code to engage in the practice of	68571
nursing as a registered nurse.	68572

(E) "Hospital" means a facility that meets the operating	68573
standards of section 3727.02 of the Revised Code.	68574

(F) "Nursing facility" has the same meaning as in section	68575
~~5111.20~~5165.01 of the Revised Code.	68576

Sec. 4906.20. (A) No person shall commence to construct an	68577
economically significant wind farm in this state without first	68578
having obtained a certificate from the power siting board. An	68579
economically significant wind farm with respect to which such a	68580
certificate is required shall be constructed, operated, and	68581
maintained in conformity with that certificate and any terms,	68582
conditions, and modifications it contains. A certificate shall be	68583
issued only pursuant to this section. The certificate may be	68584
transferred, subject to the approval of the board, to a person	68585
that agrees to comply with those terms, conditions, and	68586
modifications.	68587

(B) The board shall adopt rules governing the certificating	68588
of economically significant wind farms under this section. Initial	68589
rules shall be adopted within one hundred twenty days after June	68590
24, 2008.	68591

(1) The rules shall provide for an application process for	68592
certificating economically significant wind farms that is	68593
identical to the extent practicable to the process applicable to	68594
certificating major utility facilities under sections 4906.06,	68595
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	68596
Revised Code and shall prescribe a reasonable schedule of	68597
application filing fees structured in the manner of the schedule	68598
of filing fees required for major utility facilities.	68599

(2) Additionally, the rules shall prescribe reasonable	68600
regulations regarding any wind turbines and associated facilities	68601
of an economically significant wind farm, including, but not	68602
limited to, their location, erection, construction,	68603
reconstruction, change, alteration, maintenance, removal, use, or	68604
enlargement and including erosion control, aesthetics,	68605
recreational land use, wildlife protection, interconnection with	68606
power lines and with regional transmission organizations,	68607
independent transmission system operators, or similar	68608
organizations, ice throw, sound and noise levels, blade shear,	68609
shadow flicker, decommissioning, and necessary cooperation for	68610
site visits and enforcement investigations. The rules also shall	68611
prescribe a minimum setback for a wind turbine of an economically	68612
significant wind farm. That minimum shall be equal to a horizontal	68613
distance, from the turbine's base to the property line of the wind	68614
farm property, equal to one and one-tenth times the total height	68615
of the turbine structure as measured from its base to the tip of	68616
its highest blade and be at least ~~seven~~one thousand two hundred	68617
fifty feet in horizontal distance from the tip of the turbine's	68618
nearest blade at ninety degrees to the exterior of the nearest,	68619
habitable, residential structure, if any, located on adjacent	68620
property at the time of the certification application. The setback	68621
shall apply in all cases except those in which all owners of	68622
property adjacent to the wind farm property waive application of	68623
the setback to that property pursuant to a procedure the board	68624
shall establish by rule and except in which, in a particular case,	68625
the board determines that a setback greater than the minimum is	68626
necessary.	68627

Sec. 5101.01. (A) As used in the Revised Code, the	68628
"department of public welfare" and the "department of human	68629
services" mean the department of job and family services and the	68630
"director of public welfare" and the "director of human services"	68631
mean the director of job and family services. ~~Whenever~~Except as	68632
provided in section 5160.011 of the Revised Code, whenever the	68633
department or director of public welfare or the department or	68634
director of human services is referred to or designated in any	68635
statute, rule, contract, grant, or other document, the reference	68636
or designation shall be deemed to refer to the department or	68637
director of job and family services, as the case may be.	68638

(B) As used in this chapter:

68639

(1) References to a county department of job and family	68640
services include a joint county department of job and family	68641
services established under section 329.40 of the Revised Code.	68642

(2) References to a board of county commissioners include the	68643
board of directors of a joint county department of job and family	68644
services established under section 329.40 of the Revised Code.	68645

Sec. 5101.101. (A) This section establishes the order of	68646
priority to be followed by the department of job and family	68647
services when distributing funds for the purpose of providing	68648
family planning services, including funds the department receives	68649
through Title XX of the "Social Security Act," 88 Stat. 2337	68650
(1974), 42 U.S.C. 1397, as amended, and funds the department	68651
receives through Title IV-A of the "Social Security Act," 110	68652
Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for	68653
purposes of providing Title XX social services. This section does	68654
not apply to payments made under the medicaid program.	68655

(B) With respect to each period during which funds from a	68656
particular source are distributed for the purpose of providing	68657
family planning services, the department is subject to both of the	68658
following when distributing the funds to applicants seeking those	68659
funds:	68660

(1) Foremost priority shall be given to public entities that	68661
are operated by state or local government entities and that	68662
provide or are able to provide family planning services.	68663

(2) If any funds remain after the department distributes	68664
funds to public entities under division (B)(1) of this section,	68665
the department may distribute funds to nonpublic entities. If	68666
funds are distributed to nonpublic entities, the department shall	68667
distribute the funds in the following order of descending	68668
priority:	68669

(a) Nonpublic entities that are federally qualified health	68670
centers or federally qualified health center look-alikes, both as	68671
defined in section 3701.047 of the Revised Code, or community	68672
action agencies, as defined in section 122.66 of the Revised Code;	68673

(b) Nonpublic entities that provide comprehensive primary and	68674
preventive care services in addition to family planning services;	68675

(c) Nonpublic entities that provide family planning services,	68676
but do not provide comprehensive primary and preventive care	68677
services.	68678

Sec. 5101.11. ~~This section does not apply to contracts~~	68679
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	68680

(A) As used in this section:

68681

(1) "Entity" includes an agency, board, commission, or	68682
department of the state or a political subdivision of the state; a	68683
private, nonprofit entity; a school district; a private school; or	68684
a public or private institution of higher education.	68685

(2) "Federal financial participation" means the federal	68686
government's share of expenditures made by an entity in	68687
implementing a program administered by the department of job and	68688
family services.	68689

(B) At the request of any public entity having authority to	68690
implement a program administered by the department of job and	68691
family services or any private entity under contract with a public	68692
entity to implement a program administered by the department, the	68693
department may seek to obtain federal financial participation for	68694
costs incurred by the entity. Federal financial participation may	68695
be sought from programs operated pursuant to Title IV-A,of the	68696
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	68697
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	68698
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	68699
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	68700
under which federal financial participation may be available,	68701
except that federal financial participation may be sought only for	68702
expenditures made with funds for which federal financial	68703
participation is available under federal law.	68704

(C) All funds collected by the department ~~of job and family~~	68705
~~services~~ pursuant to division (B) of this section shall be	68706
distributed to the entities that incurred the costs, except for	68707
any amounts retained by the department pursuant to division (D)(3)	68708
of this section.	68709

(D) In distributing federal financial participation pursuant	68710
to this section, the department may either enter into an agreement	68711
with the entity that is to receive the funds or distribute the	68712
funds in accordance with rules adopted under division (F) of this	68713
section. If the department decides to enter into an agreement to	68714
distribute the funds, the agreement may include terms that do any	68715
of the following:	68716

(1) Provide for the whole or partial reimbursement of any	68717
cost incurred by the entity in implementing the program;	68718

(2) In the event that federal financial participation is	68719
disallowed or otherwise unavailable for any expenditure, require	68720
the department ~~of job and family services~~ or the entity, whichever	68721
party caused the disallowance or unavailability of federal	68722
financial participation, to assume responsibility for the	68723
expenditures;	68724

(3) Permit the department to retain not more than five per	68725
cent of the amount of the federal financial participation to be	68726
distributed to the entity;	68727

(4) Require the public entity to certify the availability of	68728
sufficient unencumbered funds to match the federal financial	68729
participation it receives under this section;	68730

(5) Establish the length of the agreement, which may be for a	68731
fixed or a continuing period of time;	68732

(6) Establish any other requirements determined by the	68733
department to be necessary for the efficient administration of the	68734
agreement.	68735

(E) An entity that receives federal financial participation	68736
pursuant to this section for a program aiding children and their	68737
families shall establish a process for collaborative planning with	68738
the department ~~of job and family services~~ for the use of the funds	68739
to improve and expand the program.	68740

(F) The director of job and family services shall adopt rules	68741
as necessary to implement this section, including rules for the	68742
distribution of federal financial participation pursuant to this	68743
section. The rules shall be adopted in accordance with Chapter	68744
119. of the Revised Code. The director may adopt or amend any	68745
statewide plan required by the federal government for a program	68746
administered by the department, as necessary to implement this	68747
section.	68748

(G) Federal financial participation received pursuant to this	68749
section shall not be included in any calculation made under	68750
section 5101.16 or 5101.161 of the Revised Code.	68751

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	68752
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	68753
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	68754

(B) The department of job and family services shall act as	68755
the single state agency to administer federal payments for foster	68756
care and adoption assistance made pursuant to Title IV-E. The	68757
director of job and family services shall adopt rules to implement	68758
this authority. Rules governing financial and administrative	68759
requirements applicable to public children services agencies and	68760
government entities that provide Title IV-E reimbursable placement	68761
services to children shall be adopted in accordance with section	68762
111.15 of the Revised Code, as if they were internal management	68763
rules. Rules governing requirements applicable to private child	68764
placing agencies and private noncustodial agencies and rules	68765
establishing eligibility, program participation, and other	68766
requirements concerning Title IV-E shall be adopted in accordance	68767
with Chapter 119. of the Revised Code. A public children services	68768
agency to which the department distributes Title IV-E funds shall	68769
administer the funds in accordance with those rules.	68770

(C)(1) The county, on behalf of each child eligible for	68771
foster care maintenance payments under Title IV-E, shall make	68772
payments to cover the cost of providing all of the following:	68773

(a) The child's food, clothing, shelter, daily supervision,	68774
and school supplies;	68775

(b) The child's personal incidentals;

68776

68777

(2) In addition to payments made under division (C)(1) of	68778
this section, the county may, on behalf of each child eligible for	68779
foster care maintenance payments under Title IV-E, make payments	68780
to cover the cost of providing the following:	68781

(a) Liability insurance with respect to the child;

68782

(b) If the county is participating in the demonstration	68783
project established under division (A) of section 5101.142 of the	68784
Revised Code, services provided under the project.	68785

(3) With respect to a child who is in a child-care	68786
institution, including any type of group home designed for the	68787
care of children or any privately operated program consisting of	68788
two or more certified foster homes operated by a common	68789
administrative unit, the foster care maintenance payments made by	68790
the county on behalf of the child shall include the reasonable	68791
cost of the administration and operation of the institution, group	68792
home, or program, as necessary to provide the items described in	68793
divisions (C)(1) and (2) of this section.	68794

(D) To the extent that either foster care maintenance	68795
payments under division (C) of this section or Title IV-E adoption	68796
assistance payments for maintenance costs require the expenditure	68797
of county funds, the board of county commissioners shall report	68798
the nature and amount of each expenditure of county funds to the	68799
department.	68800

(E) The department shall distribute to public children	68801
services agencies that incur and report expenditures of the type	68802
described in division (D) of this section federal financial	68803
participation received for administrative and training costs	68804
incurred in the operation of foster care maintenance and adoption	68805
assistance programs. The department may withhold not more than	68806
three per cent of the federal financial participation received.	68807
The funds withheld may be used only to fund the following:	68808

(1) The Ohio child welfare training program established under	68809
section 5103.30 of the Revised Code;	68810

(2) The university partnership program for college and	68811
university students majoring in social work who have committed to	68812
work for a public children services agency upon graduation;	68813

(3) Efforts supporting organizational excellence, including	68814
voluntary activities to be accredited by a nationally recognized	68815
accreditation organization.	68816

The funds withheld shall be in addition to any administration	68817
and training cost for which the department is reimbursed through	68818
its own cost allocation plan.	68819

(F) All federal financial participation funds received by a	68820
county pursuant to this section shall be deposited into the	68821
county's children services fund created pursuant to section	68822
5101.144 of the Revised Code.	68823

(G) The department shall periodically publish and distribute	68824
the maximum amounts that the department will reimburse public	68825
children services agencies for making payments on behalf of	68826
children eligible for foster care maintenance payments.	68827

(H) The department, by and through its director, is hereby	68828
authorized to develop, participate in the development of,	68829
negotiate, and enter into one or more interstate compacts on	68830
behalf of this state with agencies of any other states, for the	68831
provision of ~~medical assistance and other~~ social services to	68832
children in relation to whom all of the following apply:	68833

(1) They have special needs.

68834

(2) This state or another state that is a party to the	68835
interstate compact is providing adoption assistance on their	68836
behalf.	68837

(3) They move into this state from another state or move out	68838
of this state to another state.	68839

Sec. 5101.16. (A) As used in this section and sections	68840
5101.161 and 5101.162 of the Revised Code:	68841

(1) "Disability financial assistance" means the financial	68842
assistance program established under Chapter 5115. of the Revised	68843
Code.	68844

(2) "Supplemental nutrition assistance program" means the	68845
program administered by the department of job and family services	68846
pursuant to section 5101.54 of the Revised Code.	68847

(3) ~~"Medicaid" means the medical assistance program~~	68848
~~established by Chapter 5111. of the Revised Code, excluding~~	68849
~~transportation services provided under that chapter.~~	68850

~~(4)~~ "Ohio works first" means the program established by	68851
Chapter 5107. of the Revised Code.	68852

~~(5)~~(4) "Prevention, retention, and contingency" means the	68853
program established by Chapter 5108. of the Revised Code.	68854

~~(6)~~(5) "Public assistance expenditures" means expenditures	68855
for all of the following:	68856

(a) Ohio works first;

68857

(b) County administration of Ohio works first;

68858

68859

(d) County administration of prevention, retention, and	68860
contingency;	68861

(e) Disability financial assistance;

68862

(f) County administration of disability financial assistance;

68863

(g) County administration of the supplemental nutrition	68864
assistance program;	68865

(h) County administration of medicaid, excluding	68866
administrative expenditures for transportation services covered by	68867
the medicaid program.	68868

(7) "Title IV-A program" has the same meaning as in section	68869
5101.80 of the Revised Code.	68870

(B) Each board of county commissioners shall pay the county	68871
share of public assistance expenditures in accordance with section	68872
5101.161 of the Revised Code. Except as provided in division (C)	68873
of this section, a county's share of public assistance	68874
expenditures is the sum of all of the following for state fiscal	68875
year 1998 and each state fiscal year thereafter:	68876

(1) The amount that is twenty-five per cent of the county's	68877
total expenditures for disability financial assistance and county	68878
administration of that program during the state fiscal year ending	68879
in the previous calendar year that the department of job and	68880
family services determines are allowable.	68881

(2) The amount that is ten per cent, or other percentage	68882
determined under division (D) of this section, of the county's	68883
total expenditures for county administration of the supplemental	68884
nutrition assistance program and medicaid (excluding	68885
administrative expenditures for transportation services covered by	68886
the medicaid program) during the state fiscal year ending in the	68887
previous calendar year that the department determines are	68888
allowable, less the amount of federal reimbursement credited to	68889
the county under division (E) of this section for the state fiscal	68890
year ending in the previous calendar year;	68891

(3) A percentage of the actual amount of the county share of	68892
program and administrative expenditures during federal fiscal year	68893
1994 for assistance and services, other than child care, provided	68894
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	68895
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	68896
enactment of the "Personal Responsibility and Work Opportunity	68897
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	68898
and family services shall determine the actual amount of the	68899
county share from expenditure reports submitted to the United	68900
States department of health and human services. The percentage	68901
shall be the percentage established in rules adopted under	68902
division (F) of this section.	68903

(C)(1) If a county's share of public assistance expenditures	68904
determined under division (B) of this section for a state fiscal	68905
year exceeds one hundred five per cent of the county's share for	68906
those expenditures for the immediately preceding state fiscal	68907
year, the department of job and family services shall reduce the	68908
county's share for expenditures under divisions (B)(1) and (2) of	68909
this section so that the total of the county's share for	68910
expenditures under division (B) of this section equals one hundred	68911
five per cent of the county's share of those expenditures for the	68912
immediately preceding state fiscal year.	68913

(2) A county's share of public assistance expenditures	68914
determined under division (B) of this section may be increased	68915
pursuant to section 5101.163 of the Revised Code and a sanction	68916
under section 5101.24 of the Revised Code. An increase made	68917
pursuant to section 5101.163 of the Revised Code may cause the	68918
county's share to exceed the limit established by division (C)(1)	68919
of this section.	68920

(D)(1) If the per capita tax duplicate of a county is less	68921
than the per capita tax duplicate of the state as a whole and	68922
division (D)(2) of this section does not apply to the county, the	68923
percentage to be used for the purpose of division (B)(2) of this	68924
section is the product of ten multiplied by a fraction of which	68925
the numerator is the per capita tax duplicate of the county and	68926
the denominator is the per capita tax duplicate of the state as a	68927
whole. The department of job and family services shall compute the	68928
per capita tax duplicate for the state and for each county by	68929
dividing the tax duplicate for the most recent available year by	68930
the current estimate of population prepared by the ~~department of~~	68931
development services agency.	68932

(2) If the percentage of families in a county with an annual	68933
income of less than three thousand dollars is greater than the	68934
percentage of such families in the state and division (D)(1) of	68935
this section does not apply to the county, the percentage to be	68936
used for the purpose of division (B)(2) of this section is the	68937
product of ten multiplied by a fraction of which the numerator is	68938
the percentage of families in the state with an annual income of	68939
less than three thousand dollars a year and the denominator is the	68940
percentage of such families in the county. The department of job	68941
and family services shall compute the percentage of families with	68942
an annual income of less than three thousand dollars for the state	68943
and for each county by multiplying the most recent estimate of	68944
such families published by the ~~department of~~ development services	68945
agency, by a fraction, the numerator of which is the estimate of	68946
average annual personal income published by the bureau of economic	68947
analysis of the United States department of commerce for the year	68948
on which the census estimate is based and the denominator of which	68949
is the most recent such estimate published by the bureau.	68950

(3) If the per capita tax duplicate of a county is less than	68951
the per capita tax duplicate of the state as a whole and the	68952
percentage of families in the county with an annual income of less	68953
than three thousand dollars is greater than the percentage of such	68954
families in the state, the percentage to be used for the purpose	68955
of division (B)(2) of this section shall be determined as follows:	68956

(a) Multiply ten by the fraction determined under division	68957
(D)(1) of this section;	68958

(b) Multiply the product determined under division (D)(3)(a)	68959
of this section by the fraction determined under division (D)(2)	68960
of this section.	68961

(4) The department of job and family services shall	68962
determine, for each county, the percentage to be used for the	68963
purpose of division (B)(2) of this section not later than the	68964
first day of July of the year preceding the state fiscal year for	68965
which the percentage is used.	68966

(E) The department of job and family services shall credit to	68967
a county the amount of federal reimbursement the department	68968
receives from the United States departments of agriculture and	68969
health and human services for the county's expenditures for	68970
administration of the supplemental nutrition assistance program	68971
and medicaid (excluding administrative expenditures for	68972
transportation services covered by the medicaid program) that the	68973
department determines are allowable administrative expenditures.	68974

(F)(1) The director of job and family services shall adopt	68975
rules in accordance with section 111.15 of the Revised Code to	68976
establish all of the following:	68977

(a) The method the department is to use to change a county's	68978
share of public assistance expenditures determined under division	68979
(B) of this section as provided in division (C) of this section;	68980

(b) The allocation methodology and formula the department	68981
will use to determine the amount of funds to credit to a county	68982
under this section;	68983

(c) The method the department will use to change the payment	68984
of the county share of public assistance expenditures from a	68985
calendar-year basis to a state fiscal year basis;	68986

(d) The percentage to be used for the purpose of division	68987
(B)(3) of this section, which shall, except as provided in section	68988
5101.163 of the Revised Code, meet both of the following	68989
requirements:	68990

(i) The percentage shall not be less than seventy-five per	68991
cent nor more than eighty-two per cent;	68992

(ii) The percentage shall not exceed the percentage that the	68993
state's qualified state expenditures is of the state's historic	68994
state expenditures as those terms are defined in 42 U.S.C.	68995
609(a)(7).	68996

(e) Other procedures and requirements necessary to implement	68997
this section.	68998

(2) The director of job and family services may amend the	68999
rule adopted under division (F)(1)(d) of this section to modify	69000
the percentage on determination that the amount the general	69001
assembly appropriates for Title IV-A programs makes the	69002
modification necessary. The rule shall be adopted and amended as	69003
if an internal management rule and in consultation with the	69004
director of budget and management.	69005

Sec. 5101.162. Subject to available federal funds and	69006
appropriations made by the general assembly, the department of job	69007
and family services may, at its sole discretion, use available	69008
federal funds to reimburse county expenditures for county	69009
administration of the supplemental nutrition assistance program or	69010
medicaid (excluding administrative expenditures for transportation	69011
services covered by the medicaid program) even though the county	69012
expenditures meet or exceed the maximum allowable reimbursement	69013
amount established by rules adopted under section 5101.161 of the	69014
Revised Code. The director of job and family services may adopt	69015
internal management rules in accordance with section 111.15 of the	69016
Revised Code to implement this section.	69017

Sec. 5101.18. ~~(A)~~ When the director of job and family	69018
services adopts rules under section 5107.05 regarding income	69019
requirements for the Ohio works first program and under section	69020
5115.03 of the Revised Code regarding income and resource	69021
requirements for the disability financial assistance program, the	69022
director shall determine what payments shall be regarded or	69023
disregarded. In making this determination, the director shall	69024
consider:	69025

~~(1)~~(A) The source of the payment;

69026

~~(2)~~(B) The amount of the payment;

69027

~~(3)~~(C) The purpose for which the payment was made;

69028

~~(4)~~(D) Whether regarding the payment as income would be in	69029
the public interest;	69030

~~(5)~~(E) Whether treating the payment as income would be	69031
detrimental to any of the programs administered in whole or in	69032
part by the department of job and family services and whether such	69033
determination would jeopardize the receipt of any federal grant or	69034
payment by the state or any receipt of aid under Chapter 5107. of	69035
the Revised Code.	69036

~~(B) Any recipient of aid under Title XVI of the "Social~~	69037
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	69038
~~whose money payment is discontinued as the result of a general~~	69039
~~increase in old-age, survivors, and disability insurance benefits~~	69040
~~under such act, shall remain a recipient for the purpose of~~	69041
~~receiving medical assistance through the medical assistance~~	69042
~~program established under section 5111.01 of the Revised Code.~~	69043

Sec. 5101.181. (A) As used in this section and section	69044
5101.182 of the Revised Code:	69045

~~(1) "Public~~, "public assistance" means any or all of the	69046
following:	69047

~~(a)~~(1) Ohio works first;

69048

~~(b)~~(2) Prevention, retention, and contingency;

69049

~~(c)~~(3) Disability financial assistance;

69050

~~(d)~~(4) General assistance provided prior to July 17, 1995,	69051
under former Chapter 5113. of the Revised Code.	69052

~~(2) "Medical assistance" means medical assistance provided~~	69053
~~pursuant to, or under programs established by, section 5101.49,~~	69054
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	69055
~~provision of the Revised Code.~~	69056

(B) As part of the procedure for the determination of	69057
overpayment to a recipient of public assistance under Chapter	69058
5107., 5108., or 5115. of the Revised Code, the director of job	69059
and family services may furnish quarterly the name and social	69060
security number of each individual who receives public assistance	69061
to the director of administrative services, the administrator of	69062
the bureau of workers' compensation, and each of the state's	69063
retirement boards. Within fourteen days after receiving the name	69064
and social security number of an individual who receives public	69065
assistance, the director of administrative services,	69066
administrator, or board shall inform the auditor of state as to	69067
whether such individual is receiving wages or benefits, the amount	69068
of any wages or benefits being received, the social security	69069
number, and the address of the individual. The director of	69070
administrative services, administrator, boards, and any agent or	69071
employee of those officials and boards shall comply with the rules	69072
of the director of job and family services restricting the	69073
disclosure of information regarding recipients of public	69074
assistance. Any person who violates this provision shall	69075
thereafter be disqualified from acting as an agent or employee or	69076
in any other capacity under appointment or employment of any state	69077
board, commission, or agency.	69078

(C) The auditor of state may enter into a reciprocal	69079
agreement with the director of job and family services or	69080
comparable officer of any other state for the exchange of names,	69081
current or most recent addresses, or social security numbers of	69082
persons receiving public assistance under Title IV-A of the	69083
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	69084
~~amended~~601 et seq.	69085

(D) The auditor of state shall retain, for not less than two	69086
years, at least one copy of all information received under this	69087
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	69088
5101.182, and 5505.04 of the Revised Code.	69089

(E) ~~On the request of the director of job and family~~	69090
~~services, the auditor of state may conduct an audit of an~~	69091
~~individual who receives medical assistance. If the auditor decides~~	69092
~~to conduct an audit, the auditor shall enter into an interagency~~	69093
~~agreement with the department of~~ ~~job and family services~~ that	69094
specifies that the auditor agrees to comply with section 5101.271	69095
of the Revised Code with respect to any information the auditor	69096
receives pursuant to the audit.	69097

~~(F)~~ The auditor shall review the information described in	69098
division (D) of this section to determine whether overpayments	69099
were made to recipients of public assistance under Chapters 5107.,	69100
5108., and 5115. of the Revised Code. The auditor of state shall	69101
initiate action leading to prosecution, where warranted, of	69102
recipients who received overpayments by forwarding the name of	69103
each recipient who received overpayment, together with other	69104
pertinent information, to the director of job and family services,	69105
the attorney general, and the county director of job and family	69106
services and county prosecutor of the county through which public	69107
assistance was received.	69108

~~(G)~~(F) The auditor of state and the attorney general or their	69109
designees may examine any records, whether in computer or printed	69110
format, in the possession of the director of job and family	69111
services or any county director of job and family services. They	69112
shall provide safeguards which restrict access to such records to	69113
purposes directly connected with an audit or investigation,	69114
prosecution, or criminal or civil proceeding conducted in	69115
connection with the administration of the programs and shall	69116
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	69117
Code and ~~adopts~~ rules ofadopted by the director of job and family	69118
services restricting the disclosure of information regarding	69119
recipients of public assistance ~~or medical assistance~~. Any person	69120
who violates this provision shall thereafter be disqualified from	69121
acting as an agent or employee or in any other capacity under	69122
appointment or employment of any state board, commission, or	69123
agency.	69124

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	69125
the auditor of state's duties under this section shall be borne by	69126
the auditor of state.	69127

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	69128
~~the Revised Code, the~~The director of job and family services, in	69129
accordance with section 111.15 of the Revised Code, may adopt	69130
rules under which county family services agencies shall take	69131
action to recover the cost of the following benefits and services	69132
available under programs administered by the department of job and	69133
family services:	69134

(1) Benefits or services provided to any of the following:

69135

(a) Persons who were not eligible for the benefits or	69136
services but who secured the benefits or services through fraud or	69137
misrepresentation;	69138

(b) Persons who were eligible for the benefits or services	69139
but who intentionally diverted the benefits or services to other	69140
persons who were not eligible for the benefits or services.	69141

(2) Any benefits or services provided by a county family	69142
services agency for which recovery is required or permitted by	69143
federal law for the federal programs administered by the agency.	69144

(B) A county family services agency may bring a civil action	69145
against a recipient of benefits or services to recover any costs	69146
described in division (A) of this section.	69147

(C) A county family services agency shall retain any money it	69148
recovers under division (A) of this section and shall use the	69149
money to meet a family services duty, except that, if federal law	69150
requires the department of job and family services to return any	69151
portion of the money so recovered to the federal government, the	69152
county family services agency shall pay that portion to the	69153
department of job and family services.	69154

Sec. 5101.184. (A) The director of job and family services	69155
shall work with the tax commissioner to collect overpayments of	69156
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	69157
5113., or section 5101.54 of the Revised Code from refunds of	69158
state income taxes for taxable year 1992 and thereafter that are	69159
payable to the recipients of such overpayments.	69160

Any overpayment of assistance, whether obtained by fraud or	69161
misrepresentation, as the result of an error by the recipient or	69162
by the agency making the payment, or in any other manner, may be	69163
collected under this section. Any reduction under section 5747.12	69164
or 5747.121 of the Revised Code to an income tax refund shall be	69165
made before a reduction under this section. No reduction shall be	69166
made under this section if the amount of the refund is less than	69167
twenty-five dollars after any reduction under section 5747.12 of	69168
the Revised Code. A reduction under this section shall be made	69169
before any part of the refund is contributed under section	69170
5747.113 of the Revised Code, or is credited under section 5747.12	69171
of the Revised Code against tax due in any subsequent year.	69172

The director and the tax commissioner, by rules adopted in	69173
accordance with Chapter 119. of the Revised Code, shall establish	69174
procedures to implement this division. The procedures shall	69175
provide for notice to a recipient of assistance and an opportunity	69176
for the recipient to be heard before the recipient's income tax	69177
refund is reduced.	69178

(B) The director of job and family services may enter into	69179
agreements with the federal government to collect overpayments of	69180
assistance from refunds of federal income taxes that are payable	69181
to recipients of the overpayments.	69182

Sec. 5101.26. As used in this section and in sections	69183
5101.27 to 5101.30 of the Revised Code:	69184

(A) "County agency" means a county department of job and	69185
family services or a public children services agency.	69186

(B) "Fugitive felon" means an individual who is fleeing to	69187
avoid prosecution, or custody or confinement after conviction,	69188
under the laws of the place from which the individual is fleeing,	69189
for a crime or an attempt to commit a crime that is a felony under	69190
the laws of the place from which the individual is fleeing or, in	69191
the case of New Jersey, a high misdemeanor, regardless of whether	69192
the individual has departed from the individual's usual place of	69193
residence.	69194

(C) "Information" means records as defined in section 149.011	69195
of the Revised Code, any other documents in any format, and data	69196
derived from records and documents that are generated, acquired,	69197
or maintained by the department of job and family services, a	69198
county agency, or an entity performing duties on behalf of the	69199
department or a county agency.	69200

(D) "Law enforcement agency" means the state highway patrol,	69201
an agency that employs peace officers as defined in section 109.71	69202
of the Revised Code, the adult parole authority, a county	69203
department of probation, a prosecuting attorney, the attorney	69204
general, similar agencies of other states, federal law enforcement	69205
agencies, and postal inspectors. "Law enforcement agency" includes	69206
the peace officers and other law enforcement officers employed by	69207
the agency.	69208

(E) ~~"Medical assistance" means medical assistance provided~~	69209
~~pursuant to, or under programs established by, section 5101.49,~~	69210
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	69211
~~provision of the Revised Code.~~	69212

~~(F) "Medical assistance recipient" means an applicant for or~~	69213
~~recipient or former recipient of medical assistance.~~	69214

~~(G)~~ "Public assistance" means financial assistance or social	69215
services that are ~~not medical assistance~~ provided under a program	69216
administered by the department of job and family services or a	69217
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	69218
5108., or 5115. of the Revised Code or an executive order issued	69219
under section 107.17 of the Revised Code. "Public assistance" does	69220
not mean medical assistance provided under a medical assistance	69221
program, as defined in section 5160.01 of the Revised Code.	69222

~~(H)~~(F) "Public assistance recipient" means an applicant for	69223
or recipient or former recipient of public assistance.	69224

Sec. 5101.272. (A) For the purposes of ~~sections~~section	69225
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	69226
be made on a form that uses language understandable to the average	69227
person and contains all of the following:	69228

(1) A description of the information to be used or disclosed	69229
that identifies the information in a specific and meaningful	69230
fashion;	69231

(2) The name or other specific identification of the person	69232
or class of persons authorized to make the requested use or	69233
disclosure;	69234

(3) The name or other specific identification of the person	69235
or governmental entity to which the information may be released;	69236

(4) A description of each purpose of the requested use or	69237
disclosure of the information;	69238

(5) The date on which the authorization expires or an event	69239
related either to the individual who is the subject of the request	69240
or to the purposes of the requested use or disclosure, the	69241
occurrence of which will cause the authorization to expire;	69242

(6) A statement that the information used or disclosed	69243
pursuant to the authorization may be disclosed by the recipient of	69244
the information and may no longer be protected from disclosure;	69245

(7) The signature of the individual or the individual's	69246
authorized representative and the date on which the authorization	69247
was signed;	69248

(8) If signed by an authorized representative, a description	69249
of the representative's authority to act for the individual;	69250

(9) A statement of the individual or authorized	69251
representative's right to prospectively revoke the written	69252
authorization in writing, along with one of the following:	69253

(a) A description of how the individual or authorized	69254
representative may revoke the authorization;	69255

(b) If the department of job and family services' privacy	69256
notice contains a description of how the individual or authorized	69257
representative may revoke the authorization, a reference to that	69258
privacy notice.	69259

(10) A statement that treatment, payment, enrollment, or	69260
eligibility for public assistance ~~or medical assistance~~ cannot be	69261
conditioned on signing the authorization unless the authorization	69262
is necessary for determining eligibility for the public assistance	69263
~~or medical assistance~~ program.	69264

(B) ~~An authorization for the release of information regarding~~	69265
~~a medical assistance recipient to the recipient's attorney under~~	69266
~~division (C)(3) of section 5101.271 of the Revised Code may~~	69267
~~include a provision specifically authorizing the release of the~~	69268
~~recipient's electronic health records, if any, in accordance with~~	69269
~~rules the director of job and family services adopts under section~~	69270
~~5101.30 of the Revised Code.~~	69271

~~(C)~~ When an individual requests information pursuant to	69272
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	69273
individual's receipt of public assistance ~~or medical assistance~~	69274
and does not wish to provide a statement of purpose, the statement	69275
"at request of the individual" is a sufficient description for	69276
purposes of division (A)(4) of this section.	69277

Sec. 5101.273. The department of job and family services	69278
shall enter into any necessary agreements with the United States	69279
department of health and human services and neighboring states to	69280
join and participate as an active member in the public assistance	69281
reporting information system. The department may disclose	69282
information regarding a public assistance recipient ~~or medical~~	69283
~~assistance recipient~~ to the extent necessary to participate as an	69284
active member in the public assistance reporting information	69285
system.	69286

Sec. 5101.30. (A) The director of job and family services	69287
shall adopt rules in accordance with Chapter 119. of the Revised	69288
Code implementing sections 5101.26 to 5101.30 of the Revised Code	69289
and governing the custody, use, disclosure, and preservation of	69290
the information generated or received by the department of job and	69291
family services, county agencies, other state and county entities,	69292
contractors, grantees, private entities, or officials	69293
participating in the administration of public assistance or	69294
~~medical assistance~~ programs. The rules shall comply with	69295
applicable federal statutes and regulations.	69296

(1) The rules shall specify conditions and procedures for the	69297
release of information which may include, among other conditions	69298
and procedures, both of the following:	69299

(a) Permitting providers of services or assistance under	69300
public assistance programs limited access to information that is	69301
essential for the providers to render services or assistance or to	69302
bill for services or assistance rendered. The department of aging,	69303
when investigating a complaint under section 173.20 of the Revised	69304
Code, shall be granted any limited access permitted in the rules	69305
pursuant to division (A)(1) of this section.	69306

(b) Permitting a contractor, grantee, or other state or	69307
county entity limited access to information that is essential for	69308
the contractor, grantee, or entity to perform administrative or	69309
other duties on behalf of the department or county agency. A	69310
contractor, grantee, or entity given access to information	69311
pursuant to division (A)(2) of this section is bound by the	69312
director's rules, and disclosure of the information by the	69313
contractor, grantee, or entity in a manner not authorized by the	69314
rules is a violation of section 5101.27 of the Revised Code.	69315

(2) The rules may define who is an "authorized	69316
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	69317
5101.272 of the Revised Code.	69318

(B) Whenever names, addresses, or other information relating	69319
to public assistance recipients is held by any agency other than	69320
the department or a county agency, that other agency shall adopt	69321
rules consistent with sections 5101.26 to 5101.30 of the Revised	69322
Code to prevent the publication or disclosure of names, lists, or	69323
other information concerning those recipients.	69324

Sec. 5101.34. (A) There is hereby created in the department	69325
of job and family services the Ohio commission on fatherhood. The	69326
commission shall consist of the following members:	69327

(1)(a) Four members of the house of representatives appointed	69328
by the speaker of the house, not more than two of whom are members	69329
of the same political party. Two of the members must be from	69330
legislative districts that include a county or part of a county	69331
that is among the one-third of counties in this state with the	69332
highest number per capita of households headed by females.	69333

(b) Two members of the senate appointed by the president of	69334
the senate, each from a different political party. One of the	69335
members must be from a legislative district that includes a county	69336
or part of a county that is among the one-third of counties in	69337
this state with the highest number per capita of households headed	69338
by females.	69339

(2) The governor, or the governor's designee;

69340

(3) One representative of the judicial branch of government	69341
appointed by the chief justice of the supreme court;	69342

(4) The directors of health, job and family services,	69343
rehabilitation and correction, ~~alcohol and drug addiction services~~	69344
mental health and addiction services, and youth services and the	69345
superintendent of public instruction, or their designees;	69346

(5) One representative of the Ohio family and children first	69347
cabinet council created under section 121.37 of the Revised Code	69348
appointed by the chairperson of the council;	69349

(6) Five representatives of the general public appointed by	69350
the governor. These members shall have extensive experience in	69351
issues related to fatherhood.	69352

(B) The appointing authorities of the Ohio commission on	69353
fatherhood shall make initial appointments to the commission	69354
within thirty days after September 29, 1999. Of the initial	69355
appointments to the commission made pursuant to divisions (A)(3),	69356
(5), and (6) of this section, three of the members shall serve a	69357
term of one year and four shall serve a term of two years. Members	69358
so appointed subsequently shall serve two-year terms. A member	69359
appointed pursuant to division (A)(1) of this section shall serve	69360
on the commission until the end of the general assembly from which	69361
the member was appointed or until the member ceases to serve in	69362
the chamber of the general assembly in which the member serves at	69363
the time of appointment, whichever occurs first. The governor or	69364
the governor's designee shall serve on the commission until the	69365
governor ceases to be governor. The directors and superintendent	69366
or their designees shall serve on the commission until they cease,	69367
or the director or superintendent a designee represents ceases, to	69368
be director or superintendent. Each member shall serve on the	69369
commission from the date of appointment until the end of the term	69370
for which the member was appointed. Members may be reappointed.	69371

Vacancies shall be filled in the manner provided for original	69372
appointments. Any member appointed to fill a vacancy occurring	69373
prior to the expiration date of the term for which the member's	69374
predecessor was appointed shall serve on the commission for the	69375
remainder of that term. A member shall continue to serve on the	69376
commission subsequent to the expiration date of the member's term	69377
until the member's successor is appointed or until a period of	69378
sixty days has elapsed, whichever occurs first. Members shall	69379
serve without compensation but shall be reimbursed for necessary	69380
expenses.	69381

Sec. 5101.35. (A) As used in this section:

69382

(1)(a) "Agency" means the following entities that administer	69383
a family services program:	69384

~~(a)~~(i) The department of job and family services;

69385

~~(b)~~(ii) A county department of job and family services;

69386

~~(c)~~(iii) A public children services agency;

69387

~~(d)~~(iv) A private or government entity administering, in	69388
whole or in part, a family services program for or on behalf of	69389
the department of job and family services or a county department	69390
of job and family services or public children services agency.	69391

(b) If the department of medicaid contracts with the	69392
department of job and family services to hear appeals authorized	69393
by section 5160.31 of the Revised Code regarding medical	69394
assistance programs, "agency" includes the department of medicaid.	69395

(2) "Appellant" means an applicant, participant, former	69396
participant, recipient, or former recipient of a family services	69397
program who is entitled by federal or state law to a hearing	69398
regarding a decision or order of the agency that administers the	69399
program.	69400

(3)(a) "Family services program" means ~~assistance provided~~	69401
~~under a~~all of the following:	69402

(i) A Title IV-A program as defined in section 5101.80 of the	69403
Revised Code or;	69404

(ii) Programs that provide assistance under Chapter 5104.,	69405
~~5111.,~~ or 5115. orof the Revised Code;	69406

(iii) Programs that provide assistance under section ~~5119.69,~~	69407
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	69408
5153.165 of the Revised Code,;	69409

(iv) Title XX social services provided under section 5101.46	69410
of the Revised Code, other than ~~assistance~~such services provided	69411
~~under section 5101.46 of the Revised Code~~ by the department of	69412
~~mental health~~mental health and addiction services, the department	69413
of developmental disabilities, a board of alcohol, drug addiction,	69414
and mental health services, or a county board of developmental	69415
disabilities.	69416

(b) If the department of medicaid contracts with the	69417
department of job and family services to hear appeals authorized	69418
by section 5160.31 of the Revised Code regarding medical	69419
assistance programs, "family services program" includes medical	69420
assistance programs.	69421

(4) "Medical assistance program" has the same meaning as in	69422
section 5160.01 of the Revised Code.	69423

(B) Except as provided by divisions (G) and (H) of this	69424
section, an appellant who appeals under federal or state law a	69425
decision or order of an agency administering a family services	69426
program shall, at the appellant's request, be granted a state	69427
hearing by the department of job and family services. This state	69428
hearing shall be conducted in accordance with rules adopted under	69429
this section. The state hearing shall be recorded, but neither the	69430
recording nor a transcript of the recording shall be part of the	69431
official record of the proceeding. AExcept as provided in section	69432
5160.31 of the Revised Code, a state hearing decision is binding	69433
upon the agency and department, unless it is reversed or modified	69434
on appeal to the director of job and family services or a court of	69435
common pleas.	69436

(C) Except as provided by division (G) of this section, an	69437
appellant who disagrees with a state hearing decision may make an	69438
administrative appeal to the director of job and family services	69439
in accordance with rules adopted under this section. This	69440
administrative appeal does not require a hearing, but the director	69441
or the director's designee shall review the state hearing decision	69442
and previous administrative action and may affirm, modify, remand,	69443
or reverse the state hearing decision. An administrative appeal	69444
decision is the final decision of the department and, except as	69445
provided in section 5160.31 of the Revised Code, is binding upon	69446
the department and agency, unless it is reversed or modified on	69447
appeal to the court of common pleas.	69448

(D) An agency shall comply with a decision issued pursuant to	69449
division (B) or (C) of this section within the time limits	69450
established by rules adopted under this section. If a county	69451
department of job and family services or a public children	69452
services agency fails to comply within these time limits, the	69453
department may take action pursuant to section 5101.24 of the	69454
Revised Code. If another agency, other than the department of	69455
medicaid, fails to comply within the time limits, the department	69456
may force compliance by withholding funds due the agency or	69457
imposing another sanction established by rules adopted under this	69458
section.	69459

(E) An appellant who disagrees with an administrative appeal	69460
decision of the director of job and family services or the	69461
director's designee issued under division (C) of this section may	69462
appeal from the decision to the court of common pleas pursuant to	69463
section 119.12 of the Revised Code. The appeal shall be governed	69464
by section 119.12 of the Revised Code except that:	69465

(1) The person may appeal to the court of common pleas of the	69466
county in which the person resides, or to the court of common	69467
pleas of Franklin county if the person does not reside in this	69468
state.	69469

(2) The person may apply to the court for designation as an	69470
indigent and, if the court grants this application, the appellant	69471
shall not be required to furnish the costs of the appeal.	69472

(3) The appellant shall mail the notice of appeal to the	69473
department of job and family services and file notice of appeal	69474
with the court within thirty days after the department mails the	69475
administrative appeal decision to the appellant. For good cause	69476
shown, the court may extend the time for mailing and filing notice	69477
of appeal, but such time shall not exceed six months from the date	69478
the department mails the administrative appeal decision. Filing	69479
notice of appeal with the court shall be the only act necessary to	69480
vest jurisdiction in the court.	69481

(4) The department shall be required to file a transcript of	69482
the testimony of the state hearing with the court only if the	69483
court orders the department to file the transcript. The court	69484
shall make such an order only if it finds that the department and	69485
the appellant are unable to stipulate to the facts of the case and	69486
that the transcript is essential to a determination of the appeal.	69487
The department shall file the transcript not later than thirty	69488
days after the day such an order is issued.	69489

(F) The department of job and family services shall adopt	69490
rules in accordance with Chapter 119. of the Revised Code to	69491
implement this section, including rules governing the following:	69492

(1) State hearings under division (B) of this section. The	69493
rules shall include provisions regarding notice of eligibility	69494
termination and the opportunity of an appellant appealing a	69495
decision or order of a county department of job and family	69496
services to request a county conference with the county department	69497
before the state hearing is held.	69498

(2) Administrative appeals under division (C) of this	69499
section;	69500

(3) Time limits for complying with a decision issued under	69501
division (B) or (C) of this section;	69502

(4) Sanctions that may be applied against an agency under	69503
division (D) of this section.	69504

(G) The department of job and family services may adopt rules	69505
in accordance with Chapter 119. of the Revised Code establishing	69506
an appeals process for an appellant who appeals a decision or	69507
order regarding a Title IV-A program identified under division	69508
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	69509
Revised Code that is different from the appeals process	69510
established by this section. The different appeals process may	69511
include having a state agency that administers the Title IV-A	69512
program pursuant to an interagency agreement entered into under	69513
section 5101.801 of the Revised Code administer the appeals	69514
process.	69515

(H) If an appellant receiving medicaid through a health	69516
insuring corporation that holds a certificate of authority under	69517
Chapter 1751. of the Revised Code is appealing a denial of	69518
medicaid services based on lack of medical necessity or other	69519
clinical issues regarding coverage by the health insuring	69520
corporation, the person hearing the appeal may order an	69521
independent medical review if that person determines that a review	69522
is necessary. The review shall be performed by a health care	69523
professional with appropriate clinical expertise in treating the	69524
recipient's condition or disease. The department shall pay the	69525
costs associated with the review.	69526

A review ordered under this division shall be part of the	69527
record of the hearing and shall be given appropriate evidentiary	69528
consideration by the person hearing the appeal.	69529

(I) The requirements of Chapter 119. of the Revised Code	69530
apply to a state hearing or administrative appeal under this	69531
section only to the extent, if any, specifically provided by rules	69532
adopted under this section.	69533

Sec. 5101.36. Any application for public assistance gives a	69534
right of subrogation to the department of job and family services	69535
for any workers' compensation benefits payable to a person who is	69536
subject to a support order, as defined in section 3119.01 of the	69537
Revised Code, on behalf of the applicant, to the extent of any	69538
public assistance payments made on the applicant's behalf. If the	69539
director of job and family services, in consultation with a child	69540
support enforcement agency and the administrator of the bureau of	69541
workers' compensation, determines that a person responsible for	69542
support payments to a recipient of public assistance is receiving	69543
workers' compensation, the director shall notify the administrator	69544
of the amount of the benefit to be paid to the department of job	69545
and family services.	69546

For purposes of this section, "public assistance" means	69547
~~medical assistance provided through the medical assistance program~~	69548
~~established under section 5111.01 of the Revised Code;~~ Ohio works	69549
first provided under Chapter 5107. of the Revised Code;	69550
prevention, retention, and contingency benefits and services	69551
provided under Chapter 5108. of the Revised Code; or disability	69552
financial assistance provided under Chapter 5115. of the Revised	69553
Code.	69554

Sec. 5101.46. (A) As used in this section:

69555

(1) "Title XX" means Title XX of the "Social Security Act,"	69556
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	69557

(2) "Respective local agency" means, with respect to the	69558
department of job and family services, a county department of job	69559
and family services; with respect to the department of ~~mental~~	69560
~~health~~mental health and addiction services, a board of alcohol,	69561
drug addiction, and mental health services; and with respect to	69562
the department of developmental disabilities, a county board of	69563
developmental disabilities.	69564

(3) "Federal poverty guidelines" means the poverty guidelines	69565
as revised annually by the United States department of health and	69566
human services in accordance with section 673(2) of the "Omnibus	69567
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	69568
9902, as amended, for a family size equal to the size of the	69569
family of the person whose income is being determined.	69570

(B) The departments of job and family services, mental	69571
health, and developmental disabilities, with their respective	69572
local agencies, shall administer the provision of social services	69573
funded through grants made under Title XX. The social services	69574
furnished with Title XX funds shall be directed at the following	69575
goals:	69576

(1) Achieving or maintaining economic self-support to	69577
prevent, reduce, or eliminate dependency;	69578

(2) Achieving or maintaining self-sufficiency, including	69579
reduction or prevention of dependency;	69580

(3) Preventing or remedying neglect, abuse, or exploitation	69581
of children and adults unable to protect their own interests, or	69582
preserving, rehabilitating, or reuniting families;	69583

(4) Preventing or reducing inappropriate institutional care	69584
by providing for community-based care, home-based care, or other	69585
forms of less intensive care;	69586

(5) Securing referral or admission for institutional care	69587
when other forms of care are not appropriate, or providing	69588
services to individuals in institutions.	69589

(C)(1) All federal funds received under Title XX shall be	69590
appropriated as follows:	69591

(a) Seventy-two and one-half per cent to the department of	69592
job and family services;	69593

(b) Twelve and ninety-three one-hundredths per cent to the	69594
department of ~~mental health~~mental health and addiction services;	69595

(c) Fourteen and fifty-seven one-hundredths per cent to the	69596
department of developmental disabilities.	69597

(2) Each of the state departments shall, subject to the	69598
approval of the controlling board, develop a formula for the	69599
distribution of the Title XX funds appropriated to the department	69600
to its respective local agencies. The formula developed by each	69601
state department shall take into account all of the following for	69602
each of its respective local agencies:	69603

(a) The total population of the area that is served by the	69604
respective local agency;	69605

(b) The percentage of the population in the area served that	69606
falls below the federal poverty guidelines;	69607

(c) The respective local agency's history of and ability to	69608
utilize Title XX funds.	69609

(3) Each of the state departments shall expend for state	69610
administrative costs not more than three per cent of the Title XX	69611
funds appropriated to the department.	69612

Each state department shall establish for each of its	69613
respective local agencies the maximum percentage of the Title XX	69614
funds distributed to the respective local agency that the	69615
respective local agency may expend for local administrative costs.	69616
The percentage shall be established by rule and shall comply with	69617
federal law governing the use of Title XX funds. The rules shall	69618
be adopted in accordance with section 111.15 of the Revised Code	69619
as if they were internal management rules.	69620

(4) The department of job and family services shall expend	69621
for the training of the following not more than two per cent of	69622
the Title XX funds appropriated to the department:	69623

(a) Employees of county departments of job and family	69624
services;	69625

(b) Providers of services under contract with the state	69626
departments' respective local agencies;	69627

(c) Employees of a public children services agency directly	69628
engaged in providing Title XX services.	69629

(5) Title XX funds distributed for the purpose of providing	69630
family planning services shall be distributed by the respective	69631
local agencies according to the same order of priority that	69632
applies to the department of job and family services under section	69633
5101.101 of the Revised Code.	69634

(D) The department of job and family services shall prepare	69635
an annual comprehensive Title XX social services plan on the	69636
intended use of Title XX funds. The department shall develop a	69637
method for obtaining public comment during the development of the	69638
plan and following its completion.	69639

For each federal fiscal year, the department of job and	69640
family services shall prepare a report on the actual use of Title	69641
XX funds. The department shall make the annual report available	69642
for public inspection.	69643

The departments of ~~mental health~~mental health and addiction	69644
services and developmental disabilities shall prepare and submit	69645
to the department of job and family services the portions of each	69646
annual plan and report that apply to services for mental health	69647
and mental retardation and developmental disabilities. Each	69648
respective local agency of the three state departments shall	69649
submit information as necessary for the preparation of annual	69650
plans and reports.	69651

(E) Each county department of job and family services shall	69652
adopt a county profile for the administration and provision of	69653
Title XX social services in the county. In developing its county	69654
profile, the county department shall take into consideration the	69655
comments and recommendations received from the public by the	69656
county family services planning committee pursuant to section	69657
329.06 of the Revised Code. As part of its preparation of the	69658
county profile, the county department may prepare a local needs	69659
report analyzing the need for Title XX social services.	69660

The county department shall submit the county profile to the	69661
board of county commissioners for its review. Once the county	69662
profile has been approved by the board, the county department	69663
shall file a copy of the county profile with the department of job	69664
and family services. The department shall approve the county	69665
profile if the department determines the profile provides for the	69666
Title XX social services to meet the goals specified in division	69667
(B) of this section.	69668

(F) Any of the three state departments and their respective	69669
local agencies may require that an entity under contract to	69670
provide social services with Title XX funds submit to an audit on	69671
the basis of alleged misuse or improper accounting of funds. If an	69672
audit is required, the social services provider shall reimburse	69673
the state department or respective local agency for the cost it	69674
incurred in conducting the audit or having the audit conducted.	69675

If an audit demonstrates that a social services provider is	69676
responsible for one or more adverse findings, the provider shall	69677
reimburse the appropriate state department or its respective local	69678
agency the amount of the adverse findings. The amount shall not be	69679
reimbursed with Title XX funds received under this section. The	69680
three state departments and their respective local agencies may	69681
terminate or refuse to enter into a Title XX contract with a	69682
social services provider if there are adverse findings in an audit	69683
that are the responsibility of the provider.	69684

(G) Except with respect to the matters for which each of the	69685
state departments must adopt rules under division (C)(3) of this	69686
section, the department of job and family services may adopt any	69687
rules it considers necessary to implement and carry out the	69688
purposes of this section. Rules governing financial and	69689
operational matters of the department or matters between the	69690
department and county departments of job and family services shall	69691
be adopted as internal management rules in accordance with section	69692
111.15 of the Revised Code. Rules governing eligibility for	69693
services, program participation, and other matters pertaining to	69694
applicants and participants shall be adopted in accordance with	69695
Chapter 119. of the Revised Code.	69696

Sec. 5101.461. (A) As used in this section:

69697

(1) "Title IV-A" means Title IV-A of the "Social Security	69698
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	69699

(2) "Title XX" has the same meaning as in section 5101.46 of	69700
the Revised Code.	69701

(B) To the extent authorized by federal law, the department	69702
of job and family services may use funds received through the	69703
Title IV-A temporary assistance for needy families block grant for	69704
purposes of providing Title XX social services. The amount used	69705
under this section shall not exceed the maximum amount permitted	69706
by federal law. The funds and provision of Title XX social	69707
services with the funds are not subject to section 5101.46 of the	69708
Revised Code.	69709

Funds distributed under this section for the purpose of	69710
providing family planning services shall be distributed by a	69711
county department of job and family services according to the same	69712
order of priority that applies to the department of job and family	69713
services under section 5101.101 of the Revised Code.	69714

(C) The department and any county department of job and	69715
family services may require an entity under contract to provide	69716
Title XX social services with funds used under this section to	69717
submit to an audit on the basis of alleged misuse or improper	69718
accounting of funds. If an audit is required, the social services	69719
provider shall reimburse the state department or county department	69720
for the cost it incurred in conducting the audit or having the	69721
audit conducted.	69722

If an audit demonstrates that a social services provider is	69723
responsible for one or more adverse findings, the provider shall	69724
reimburse the state department or county department the amount of	69725
the adverse findings. The amount shall not be reimbursed with	69726
funds received under this section. The state department and county	69727
departments may terminate or refuse to enter into a contract with	69728
a social services provider to provide services with funds	69729
available pursuant to this section if there are adverse findings	69730
in an audit that are the responsibility of the provider.	69731

(D) The state department of job and family services may adopt	69732
rules to implement and carry out the purposes of this section.	69733
Rules governing financial and operational matters of the	69734
department or matters between the department and county	69735
departments of job and family services shall be adopted as	69736
internal management rules in accordance with section 111.15 of the	69737
Revised Code. Rules governing eligibility for services, program	69738
participation, and other matters pertaining to applicants and	69739
participants shall be adopted in accordance with Chapter 119. of	69740
the Revised Code.	69741

Sec. 5101.47. (A) Except as provided in divisions (B) and	69742
(C) of this section, the department of job and family services may	69743
accept applications, determine eligibility, redetermine	69744
eligibility, and perform related administrative activities for one	69745
or more of the following:	69746

(1) ~~The medicaid program established by Chapter 5111. of the~~	69747
~~Revised Code;~~	69748

~~(2) The children's health insurance program parts I, II, and~~	69749
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	69750
~~Code;~~	69751

~~(3)~~ Publicly funded child care provided under Chapter 5104.	69752
of the Revised Code;	69753

~~(4)~~(2) The supplemental nutrition assistance program	69754
administered by the department pursuant to section 5101.54 of the	69755
Revised Code;	69756

~~(5)~~(3) Other programs administered by the department that the	69757
director of job and family services determines are supportive of	69758
children, adults, or families;	69759

~~(6)~~(4) Other programs administered by the department	69760
regarding which the director determines administrative cost	69761
savings and efficiency may be achieved through the department	69762
accepting applications, determining eligibility, redetermining	69763
eligibility, or performing related administrative activities.	69764

(B) ~~To the extent permitted by federal law, the department~~	69765
~~may enter into agreements with one or more other state agencies,~~	69766
~~local government entities, or political subdivisions to accept~~	69767
~~applications, determine eligibility, redetermine eligibility, and~~	69768
~~perform related administrative activities on behalf of the~~	69769
~~department with respect to the medicaid program and the children's~~	69770
~~health insurance program.~~	69771

~~(C)~~ If federal law requires a face-to-face interview to	69772
complete an eligibility determination for a program specified in	69773
or pursuant to division (A) of this section, the face-to-face	69774
interview shall not be conducted by the department of job and	69775
family services.	69776

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	69777
department elects to accept applications, determine eligibility,	69778
redetermine eligibility, and perform related administrative	69779
activities for a program specified in or pursuant to division (A)	69780
of this section, both of the following apply:	69781

(1) An individual seeking services under the program may	69782
apply for the program to the department or to the entity that	69783
state law governing the program authorizes to accept applications	69784
for the program.	69785

(2) The department is subject to federal statutes and	69786
regulations and state statutes and rules that require, permit, or	69787
prohibit an action regarding accepting applications, determining	69788
or redetermining eligibility, and performing related	69789
administrative activities for the program.	69790

~~(E)~~(D) The director may adopt rules as necessary to implement	69791
this section.	69792

Sec. 5101.49. The department of job and family services	69793
shall administer funds received under the "Refugee Act of 1980,"	69794
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	69795
funds, the department may establish a refugee cash assistance	69796
program and a state legalization impact assistance program. The	69797
director of job and family services may adopt rules in accordance	69798
with section 111.15 of the Revised Code and issue appropriate	69799
orders as necessary for administration of these funds and	69800
programs.	69801

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	69802
Revised Code:	69803

(A) "Abuse" means the infliction upon an adult by self or	69804
others of injury, unreasonable confinement, intimidation, or cruel	69805
punishment with resulting physical harm, pain, or mental anguish.	69806

(B) "Adult" means any person sixty years of age or older	69807
within this state who is handicapped by the infirmities of aging	69808
or who has a physical or mental impairment which prevents the	69809
person from providing for the person's own care or protection, and	69810
who resides in an independent living arrangement. An "independent	69811
living arrangement" is a domicile of a person's own choosing,	69812
including, but not limited to, a private home, apartment, trailer,	69813
or rooming house. An "independent living arrangement" includes a	69814
residential facility licensed under section ~~5119.22~~5119.34 of the	69815
Revised Code that provides accommodations, supervision, and	69816
personal care services for three to sixteen unrelated adults, but	69817
does not include other institutions or facilities licensed by the	69818
state or facilities in which a person resides as a result of	69819
voluntary, civil, or criminal commitment.	69820

(C) "Caretaker" means the person assuming the responsibility	69821
for the care of an adult on a voluntary basis, by contract,	69822
through receipt of payment for care, as a result of a family	69823
relationship, or by order of a court of competent jurisdiction.	69824

(D) "Court" means the probate court in the county where an	69825
adult resides.	69826

(E) "Emergency" means that the adult is living in conditions	69827
which present a substantial risk of immediate and irreparable	69828
physical harm or death to self or any other person.	69829

(F) "Emergency services" means protective services furnished	69830
to an adult in an emergency.	69831

(G) "Exploitation" means the unlawful or improper act of a	69832
caretaker using an adult or an adult's resources for monetary or	69833
personal benefit, profit, or gain.	69834

(H) "In need of protective services" means an adult known or	69835
suspected to be suffering from abuse, neglect, or exploitation to	69836
an extent that either life is endangered or physical harm, mental	69837
anguish, or mental illness results or is likely to result.	69838

(I) "Incapacitated person" means a person who is impaired for	69839
any reason to the extent that the person lacks sufficient	69840
understanding or capacity to make and carry out reasonable	69841
decisions concerning the person's self or resources, with or	69842
without the assistance of a caretaker. Refusal to consent to the	69843
provision of services shall not be the sole determinative that the	69844
person is incapacitated. "Reasonable decisions" are decisions made	69845
in daily living which facilitate the provision of food, shelter,	69846
clothing, and health care necessary for life support.	69847

(J) "Mental illness" means a substantial disorder of thought,	69848
mood, perception, orientation, or memory that grossly impairs	69849
judgment, behavior, capacity to recognize reality, or ability to	69850
meet the ordinary demands of life.	69851

(K) "Neglect" means the failure of an adult to provide for	69852
self the goods or services necessary to avoid physical harm,	69853
mental anguish, or mental illness or the failure of a caretaker to	69854
provide such goods or services.	69855

(L) "Peace officer" means a peace officer as defined in	69856
section 2935.01 of the Revised Code.	69857

(M) "Physical harm" means bodily pain, injury, impairment, or	69858
disease suffered by an adult.	69859

(N) "Protective services" means services provided by the	69860
county department of job and family services or its designated	69861
agency to an adult who has been determined by evaluation to	69862
require such services for the prevention, correction, or	69863
discontinuance of an act of as well as conditions resulting from	69864
abuse, neglect, or exploitation. Protective services may include,	69865
but are not limited to, case work services, medical care, mental	69866
health services, legal services, fiscal management, home health	69867
care, homemaker services, housing-related services, guardianship	69868
services, and placement services as well as the provision of such	69869
commodities as food, clothing, and shelter.	69870

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	69871
and Friday, except when such day is a holiday as defined in	69872
section 1.14 of the Revised Code.	69873

Sec. 5101.61. (A) As used in this section:

69874

(1) "Senior service provider" means any person who provides	69875
care or services to a person who is an adult as defined in	69876
division (B) of section 5101.60 of the Revised Code.	69877

(2) "Ambulatory health facility" means a nonprofit, public or	69878
proprietary freestanding organization or a unit of such an agency	69879
or organization that:	69880

(a) Provides preventive, diagnostic, therapeutic,	69881
rehabilitative, or palliative items or services furnished to an	69882
outpatient or ambulatory patient, by or under the direction of a	69883
physician or dentist in a facility which is not a part of a	69884
hospital, but which is organized and operated to provide medical	69885
care to outpatients;	69886

(b) Has health and medical care policies which are developed	69887
with the advice of, and with the provision of review of such	69888
policies, an advisory committee of professional personnel,	69889
including one or more physicians, one or more dentists, if dental	69890
care is provided, and one or more registered nurses;	69891

(c) Has a medical director, a dental director, if dental care	69892
is provided, and a nursing director responsible for the execution	69893
of such policies, and has physicians, dentists, nursing, and	69894
ancillary staff appropriate to the scope of services provided;	69895

(d) Requires that the health care and medical care of every	69896
patient be under the supervision of a physician, provides for	69897
medical care in a case of emergency, has in effect a written	69898
agreement with one or more hospitals and other centers or clinics,	69899
and has an established patient referral system to other resources,	69900
and a utilization review plan and program;	69901

(e) Maintains clinical records on all patients;

69902

(f) Provides nursing services and other therapeutic services	69903
in accordance with programs and policies, with such services	69904
supervised by a registered professional nurse, and has a	69905
registered professional nurse on duty at all times of clinical	69906
operations;	69907

(g) Provides approved methods and procedures for the	69908
dispensing and administration of drugs and biologicals;	69909

(h) Has established an accounting and record keeping system	69910
to determine reasonable and allowable costs;	69911

(i) "Ambulatory health facilities" also includes an	69912
alcoholism treatment facility approved by the joint commission on	69913
accreditation of healthcare organizations as an alcoholism	69914
treatment facility or certified by the department of ~~alcohol and~~	69915
~~drug addiction services~~mental health and addiction services, and	69916
such facility shall comply with other provisions of this division	69917
not inconsistent with such accreditation or certification.	69918

(3) "Community mental health facility" means a facility which	69919
provides community mental health services and is included in the	69920
comprehensive mental health plan for the alcohol, drug addiction,	69921
and mental health service district in which it is located.	69922

(4) "Community mental health service" means services, other	69923
than inpatient services, provided by a community mental health	69924
facility.	69925

(5) "Home health agency" means an institution or a distinct	69926
part of an institution operated in this state which:	69927

(a) Is primarily engaged in providing home health services;

69928

(b) Has home health policies which are established by a group	69929
of professional personnel, including one or more duly licensed	69930
doctors of medicine or osteopathy and one or more registered	69931
professional nurses, to govern the home health services it	69932
provides and which includes a requirement that every patient must	69933
be under the care of a duly licensed doctor of medicine or	69934
osteopathy;	69935

(c) Is under the supervision of a duly licensed doctor of	69936
medicine or doctor of osteopathy or a registered professional	69937
nurse who is responsible for the execution of such home health	69938
policies;	69939

(d) Maintains comprehensive records on all patients;

69940

(e) Is operated by the state, a political subdivision, or an	69941
agency of either, or is operated not for profit in this state and	69942
is licensed or registered, if required, pursuant to law by the	69943
appropriate department of the state, county, or municipality in	69944
which it furnishes services; or is operated for profit in this	69945
state, meets all the requirements specified in divisions (A)(5)(a)	69946
to (d) of this section, and is certified under Title XVIII of the	69947
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	69948
amended.	69949

(6) "Home health service" means the following items and	69950
services, provided, except as provided in division (A)(6)(g) of	69951
this section, on a visiting basis in a place of residence used as	69952
the patient's home:	69953

(a) Nursing care provided by or under the supervision of a	69954
registered professional nurse;	69955

(b) Physical, occupational, or speech therapy ordered by the	69956
patient's attending physician;	69957

(c) Medical social services performed by or under the	69958
supervision of a qualified medical or psychiatric social worker	69959
and under the direction of the patient's attending physician;	69960

(d) Personal health care of the patient performed by aides in	69961
accordance with the orders of a doctor of medicine or osteopathy	69962
and under the supervision of a registered professional nurse;	69963

(e) Medical supplies and the use of medical appliances;

69964

(f) Medical services of interns and residents-in-training	69965
under an approved teaching program of a nonprofit hospital and	69966
under the direction and supervision of the patient's attending	69967
physician;	69968

(g) Any of the foregoing items and services which:

69969

(i) Are provided on an outpatient basis under arrangements	69970
made by the home health agency at a hospital or skilled nursing	69971
facility;	69972

(ii) Involve the use of equipment of such a nature that the	69973
items and services cannot readily be made available to the patient	69974
in the patient's place of residence, or which are furnished at the	69975
hospital or skilled nursing facility while the patient is there to	69976
receive any item or service involving the use of such equipment.	69977

Any attorney, physician, osteopath, podiatrist, chiropractor,	69978
dentist, psychologist, any employee of a hospital as defined in	69979
section 3701.01 of the Revised Code, any nurse licensed under	69980
Chapter 4723. of the Revised Code, any employee of an ambulatory	69981
health facility, any employee of a home health agency, any	69982
employee of a residential facility licensed under section ~~5119.22~~	69983
5119.34 of the Revised Code that provides accommodations,	69984
supervision, and personal care services for three to sixteen	69985
unrelated adults, any employee of a nursing home, residential care	69986
facility, or home for the aging, as defined in section 3721.01 of	69987
the Revised Code, any senior service provider, any peace officer,	69988
coroner, member of the clergy, any employee of a community mental	69989
health facility, and any person engaged in social work or	69990
counseling having reasonable cause to believe that an adult is	69991
being abused, neglected, or exploited, or is in a condition which	69992
is the result of abuse, neglect, or exploitation shall immediately	69993
report such belief to the county department of job and family	69994
services. This section does not apply to employees of any hospital	69995
or public hospital as defined in section 5122.01 of the Revised	69996
Code.	69997

(B) Any person having reasonable cause to believe that an	69998
adult has suffered abuse, neglect, or exploitation may report, or	69999
cause reports to be made of such belief to the department.	70000

(C) The reports made under this section shall be made orally	70001
or in writing except that oral reports shall be followed by a	70002
written report if a written report is requested by the department.	70003
Written reports shall include:	70004

(1) The name, address, and approximate age of the adult who	70005
is the subject of the report;	70006

(2) The name and address of the individual responsible for	70007
the adult's care, if any individual is, and if the individual is	70008
known;	70009

(3) The nature and extent of the alleged abuse, neglect, or	70010
exploitation of the adult;	70011

(4) The basis of the reporter's belief that the adult has	70012
been abused, neglected, or exploited.	70013

(D) Any person with reasonable cause to believe that an adult	70014
is suffering abuse, neglect, or exploitation who makes a report	70015
pursuant to this section or who testifies in any administrative or	70016
judicial proceeding arising from such a report, or any employee of	70017
the state or any of its subdivisions who is discharging	70018
responsibilities under section 5101.62 of the Revised Code shall	70019
be immune from civil or criminal liability on account of such	70020
investigation, report, or testimony, except liability for perjury,	70021
unless the person has acted in bad faith or with malicious	70022
purpose.	70023

(E) No employer or any other person with the authority to do	70024
so shall discharge, demote, transfer, prepare a negative work	70025
performance evaluation, or reduce benefits, pay, or work	70026
privileges, or take any other action detrimental to an employee or	70027
in any way retaliate against an employee as a result of the	70028
employee's having filed a report under this section.	70029

(F) Neither the written or oral report provided for in this	70030
section nor the investigatory report provided for in section	70031
5101.62 of the Revised Code shall be considered a public record as	70032
defined in section 149.43 of the Revised Code. Information	70033
contained in the report shall upon request be made available to	70034
the adult who is the subject of the report, to agencies authorized	70035
by the department to receive information contained in the report,	70036
and to legal counsel for the adult.	70037

Sec. 5101.80. (A) As used in this section and in section	70038
5101.801 of the Revised Code:	70039

(1) "County family services agency" has the same meaning as	70040
in section 307.981 of the Revised Code.	70041

(2) "State agency" has the same meaning as in section 9.82 of	70042
the Revised Code.	70043

(3) "Title IV-A administrative agency" means both of the	70044
following:	70045

(a) A county family services agency or state agency	70046
administering a Title IV-A program under the supervision of the	70047
department of job and family services;	70048

(b) A government agency or private, not-for-profit entity	70049
administering a project funded in whole or in part with funds	70050
provided under the Title IV-A demonstration program created under	70051
section 5101.803 of the Revised Code.	70052

(4) "Title IV-A program" means all of the following that are	70053
funded in part with funds provided under the temporary assistance	70054
for needy families block grant established by Title IV-A of the	70055
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	70056
amended:	70057

(a) The Ohio works first program established under Chapter	70058
5107. of the Revised Code;	70059

(b) The prevention, retention, and contingency program	70060
established under Chapter 5108. of the Revised Code;	70061

(c) A program established by the general assembly or an	70062
executive order issued by the governor that is administered or	70063
supervised by the department of job and family services pursuant	70064
to section 5101.801 of the Revised Code;	70065

(d) The kinship permanency incentive program created under	70066
section 5101.802 of the Revised Code;	70067

(e) The Title IV-A demonstration program created under	70068
section 5101.803 of the Revised Code;	70069

(f) The Ohio parenting and pregnancy program created under	70070
section 5101.804 of the Revised Code;	70071

(g) A component of a Title IV-A program identified under	70072
divisions (A)(4)(a) to ~~(e)~~(f) of this section that the Title IV-A	70073
state plan prepared under division (C)(1) of this section	70074
identifies as a component.	70075

(B) The department of job and family services shall act as	70076
the single state agency to administer and supervise the	70077
administration of Title IV-A programs. The Title IV-A state plan	70078
and amendments to the plan prepared under division (C) of this	70079
section are binding on Title IV-A administrative agencies. No	70080
Title IV-A administrative agency may establish, by rule or	70081
otherwise, a policy governing a Title IV-A program that is	70082
inconsistent with a Title IV-A program policy established, in rule	70083
or otherwise, by the director of job and family services.	70084

(C) The department of job and family services shall do all of	70085
the following:	70086

(1) Prepare and submit to the United States secretary of	70087
health and human services a Title IV-A state plan for Title IV-A	70088
programs;	70089

(2) Prepare and submit to the United States secretary of	70090
health and human services amendments to the Title IV-A state plan	70091
that the department determines necessary, including amendments	70092
necessary to implement Title IV-A programs identified in divisions	70093
(A)(4)(c) to ~~(f)~~(g) of this section;	70094

(3) Prescribe forms for applications, certificates, reports,	70095
records, and accounts of Title IV-A administrative agencies, and	70096
other matters related to Title IV-A programs;	70097

(4) Make such reports, in such form and containing such	70098
information as the department may find necessary to assure the	70099
correctness and verification of such reports, regarding Title IV-A	70100
programs;	70101

(5) Require reports and information from each Title IV-A	70102
administrative agency as may be necessary or advisable regarding a	70103
Title IV-A program;	70104

(6) Afford a fair hearing in accordance with section 5101.35	70105
of the Revised Code to any applicant for, or participant or former	70106
participant of, a Title IV-A program aggrieved by a decision	70107
regarding the program;	70108

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	70109
and 5108. of the Revised Code and sections 5101.801, 5101.802, and	70110
5101.803 of the Revised Code, any sums appropriated by the general	70111
assembly for the purpose of those chapters and sections and all	70112
sums paid to the state by the secretary of the treasury of the	70113
United States as authorized by Title IV-A of the "Social Security	70114
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	70115

(8) Conduct investigations and audits as are necessary	70116
regarding Title IV-A programs;	70117

(9) Enter into reciprocal agreements with other states	70118
relative to the provision of Ohio works first and prevention,	70119
retention, and contingency to residents and nonresidents;	70120

(10) Contract with a private entity to conduct an independent	70121
on-going evaluation of the Ohio works first program and the	70122
prevention, retention, and contingency program. The contract must	70123
require the private entity to do all of the following:	70124

(a) Examine issues of process, practice, impact, and	70125
outcomes;	70126

(b) Study former participants of Ohio works first who have	70127
not participated in Ohio works first for at least one year to	70128
determine whether they are employed, the type of employment in	70129
which they are engaged, the amount of compensation they are	70130
receiving, whether their employer provides health insurance,	70131
whether and how often they have received benefits or services	70132
under the prevention, retention, and contingency program, and	70133
whether they are successfully self sufficient;	70134

(c) Provide the department with reports at times the	70135
department specifies.	70136

(11) Not later than the last day of each January and July,	70137
prepare a report containing information on the following:	70138

(a) Individuals exhausting the time limits for participation	70139
in Ohio works first set forth in section 5107.18 of the Revised	70140
Code.	70141

(b) Individuals who have been exempted from the time limits	70142
set forth in section 5107.18 of the Revised Code and the reasons	70143
for the exemption.	70144

(D) The department shall provide copies of the reports it	70145
receives under division (C)(10) of this section and prepares under	70146
division (C)(11) of this section to the governor, the president	70147
and minority leader of the senate, and the speaker and minority	70148
leader of the house of representatives. The department shall	70149
provide copies of the reports to any private or government entity	70150
on request.	70151

(E) An authorized representative of the department or a	70152
county family services agency or state agency administering a	70153
Title IV-A program shall have access to all records and	70154
information bearing thereon for the purposes of investigations	70155
conducted pursuant to this section. An authorized representative	70156
of a government entity or private, not-for-profit entity	70157
administering a project funded in whole or in part with funds	70158
provided under the Title IV-A demonstration program shall have	70159
access to all records and information bearing on the project for	70160
the purpose of investigations conducted pursuant to this section.	70161

Sec. 5101.801. (A) Except as otherwise provided by the law	70162
enacted by the general assembly or executive order issued by the	70163
governor establishing the Title IV-A program, a Title IV-A program	70164
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	70165
section 5101.80 of the Revised Code shall provide benefits and	70166
services that are not "assistance" as defined in 45 C.F.R.	70167
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	70168
excludes from the definition of assistance.	70169

(B)(1) Except as otherwise provided by the law enacted by the	70170
general assembly or executive order issued by the governor	70171
establishing the Title IV-A program, the department of job and	70172
family services shall do either of the following regarding a Title	70173
IV-A program identified under division (A)(4)(c), (d), (e), or	70174
(f), or (g) of section 5101.80 of the Revised Code:	70175

(a) Administer the program or supervise a county family	70176
services agency's administration of the program;	70177

(b) Enter into an interagency agreement with a state agency	70178
for the state agency to administer the program under the	70179
department's supervision.	70180

(2) The department may enter into an agreement with a	70181
government entity and, to the extent permitted by federal law, a	70182
private, not-for-profit entity for the entity to receive funding	70183
for a project under the Title IV-A demonstration program.	70184

(C) The department may adopt rules governing Title IV-A	70185
programs identified under divisions (A)(4)(c), (d), (e), ~~and~~ (f),	70186
and (g) of section 5101.80 of the Revised Code. Rules governing	70187
financial and operational matters of the department or between the	70188
department and county family services agencies shall be adopted as	70189
internal management rules adopted in accordance with section	70190
111.15 of the Revised Code. All other rules shall be adopted in	70191
accordance with Chapter 119. of the Revised Code.	70192

(D) If the department enters into an agreement regarding a	70193
Title IV-A program identified under division (A)(4)(c), (e), or	70194
(f), or (g) of section 5101.80 of the Revised Code pursuant to	70195
division (B)(1)(b) or (2) of this section, the agreement shall	70196
include at least all of the following:	70197

(1) A requirement that the state agency or entity comply with	70198
the requirements for the program or project, including all of the	70199
following requirements established by federal statutes and	70200
regulations, state statutes and rules, the United States office of	70201
management and budget, and the Title IV-A state plan prepared	70202
under section 5101.80 of the Revised Code:	70203

(a) Eligibility;

70204

(b) Reports;

70205

70206

(d) Use of funds;

70207

(e) Appeals for applicants for, and recipients and former	70208
recipients of, the benefits and services;	70209

(f) Audits.

70210

(2) A complete description of all of the following:

70211

(a) The benefits and services that the program or project is	70212
to provide;	70213

(b) The methods of program or project administration;

70214

(c) The appeals process under section 5101.35 of the Revised	70215
Code for applicants for, and recipients and former recipients of,	70216
the program or project's benefits and services;	70217

(d) Other requirements that the department requires be	70218
included.	70219

(3) Procedures for the department to approve a policy,	70220
established by rule or otherwise, that the state agency or entity	70221
establishes for the program or project before the policy is	70222
established;	70223

(4) Provisions regarding how the department is to reimburse	70224
the state agency or entity for allowable expenditures under the	70225
program or project that the department approves, including all of	70226
the following:	70227

(a) Limitations on administrative costs;

70228

(b) The department, at its discretion, doing either of the	70229
following:	70230

(i) Withholding no more than five per cent of the funds that	70231
the department would otherwise provide to the state agency or	70232
entity for the program or project;	70233

(ii) Charging the state agency or entity for the costs to the	70234
department of performing, or contracting for the performance of,	70235
audits and other administrative functions associated with the	70236
program or project.	70237

(5) If the state agency or entity arranges by contract,	70238
grant, or other agreement for another entity to perform a function	70239
the state agency or entity would otherwise perform regarding the	70240
program or project, the state agency or entity's responsibilities	70241
for both of the following:	70242

(a) Ensuring that the other entity complies with the	70243
agreement between the state agency or entity and department and	70244
federal statutes and regulations and state statutes and rules	70245
governing the use of funds for the program or project;	70246

(b) Auditing the other entity in accordance with requirements	70247
established by the United States office of management and budget.	70248

(6) The state agency or entity's responsibilities regarding	70249
the prompt payment, including any interest assessed, of any	70250
adverse audit finding, final disallowance of federal funds, or	70251
other sanction or penalty imposed by the federal government,	70252
auditor of state, department, a court, or other entity regarding	70253
funds for the program or project;	70254

(7) Provisions for the department to terminate the agreement	70255
or withhold reimbursement from the state agency or entity if	70256
either of the following occur:	70257

(a) The federal government disapproves the program or project	70258
or reduces federal funds for the program or project;	70259

(b) The state agency or entity fails to comply with the terms	70260
of the agreement.	70261

(8) Provisions for both of the following:

70262

(a) The department and state agency or entity determining the	70263
performance outcomes expected for the program or project;	70264

(b) An evaluation of the program or project to determine its	70265
success in achieving the performance outcomes determined under	70266
division (D)(8)(a) of this section.	70267

(E) To the extent consistent with the law enacted by the	70268
general assembly or executive order issued by the governor	70269
establishing the Title IV-A program and subject to the approval of	70270
the director of budget and management, the director of job and	70271
family services may terminate a Title IV-A program identified	70272
under division (A)(4)(c), (d), (e), or (f), or (g) of section	70273
5101.80 of the Revised Code or reduce funding for the program if	70274
the director of job and family services determines that federal or	70275
state funds are insufficient to fund the program. If the director	70276
of budget and management approves the termination or reduction in	70277
funding for such a program, the director of job and family	70278
services shall issue instructions for the termination or funding	70279
reduction. If a Title IV-A administrative agency is administering	70280
the program, the agency is bound by the termination or funding	70281
reduction and shall comply with the director's instructions.	70282

(F) The director of job and family services may adopt	70283
internal management rules in accordance with section 111.15 of the	70284
Revised Code as necessary to implement this section. The rules are	70285
binding on each Title IV-A administrative agency.	70286

Sec. 5101.804. (A) Subject to division (E) of section	70287
5101.801 of the Revised Code, there is hereby created the Ohio	70288
parenting and pregnancy program to provide services for pregnant	70289
women and parents or other relatives caring for children twelve	70290
months of age or younger that do both of the following:	70291

(1) Promote childbirth, parenting, and alternatives to	70292
abortion;	70293

(2) Meet one or more of the four purposes of the temporary	70294
assistance for needy families block grant as specified in 42	70295
U.S.C. 601.	70296

(B) To the extent permitted by federal law, the department of	70297
job and family services may provide funds to entities with which	70298
the department enters into agreements under division (B)(2) of	70299
section 5101.801 of the Revised Code for the purposes of this	70300
program. The department may solicit proposals from entities	70301
seeking to provide services, support, or both, under the program	70302
and may enter into an agreement with an entity that meets all of	70303
the following conditions:	70304

(1) Is a private, not-for-profit entity;

70305

(2) Is committed to counseling pregnant women and parents or	70306
other relatives caring for children twelve months of age or	70307
younger about childbirth, parenting, and alternatives to abortion,	70308
including adoption;	70309

(3) Provides services and support to pregnant women and	70310
parents or other relatives caring for children twelve months of	70311
age or younger, including clothing, counseling, diapers, food,	70312
furniture, health care, postpartum recovery, parenting classes,	70313
and shelter;	70314

(4) Does not charge pregnant women and parents or other	70315
relatives caring for children twelve months of age or younger a	70316
fee for any services received;	70317

(5) Is not involved or associated with any abortion	70318
activities, including counseling for or referrals to abortion	70319
clinics, providing medical abortion-related procedures, or	70320
pro-abortion advertising;	70321

(6) Does not discriminate in its provision of services on the	70322
basis of race, religion, color, age, marital status, national	70323
origin, disability, or gender.	70324

(C) The director of job and family services shall adopt rules	70325
under division (C) of section 5101.801 of the Revised Code as	70326
necessary to implement the Ohio pregnancy and parenting program.	70327

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	70328
Revised Code:	70329

(A)(1) "Association" or "institution" includes ~~any~~all of the	70330
following:	70331

(a) Any incorporated or unincorporated organization, society,	70332
association, or agency, public or private, that receives or cares	70333
for children for two or more consecutive weeks; ~~any~~	70334

(b) Any individual, including the operator of a foster home,	70335
who, for hire, gain, or reward, receives or cares for children for	70336
two or more consecutive weeks, unless the individual is related to	70337
them by blood or marriage; ~~and any~~	70338

(c) Any individual not in the regular employ of a court, or	70339
of an institution or association certified in accordance with	70340
section 5103.03 of the Revised Code, who in any manner becomes a	70341
party to the placing of children in foster homes, unless the	70342
individual is related to such children by blood or marriage, or is	70343
the appointed guardian of such children~~; provided, that any~~.	70344

(2) "Association" or "institution" does not include any of	70345
the following:	70346

(a) Any organization, society, association, school, agency,	70347
child guidance center, detention or rehabilitation facility, or	70348
children's clinic licensed, regulated, approved, operated under	70349
the direction of, or otherwise certified by the department of	70350
education, a local board of education, the department of youth	70351
services, the department of ~~mental health~~mental health and	70352
addiction services, or the department of developmental	70353
disabilities~~, or any~~;	70354

(b) Any individual who provides care for only a single-family	70355
group, placed there by their parents or other relative having	70356
custody~~, shall not be considered as being within the purview of~~	70357
~~these sections~~;	70358

70359

(B) "Family foster home" means a foster home that is not a	70360
specialized foster home.	70361

(C) "Foster caregiver" means a person holding a valid foster	70362
home certificate issued under section 5103.03 of the Revised Code.	70363

(D) "Foster home" means a private residence in which children	70364
are received apart from their parents, guardian, or legal	70365
custodian, by an individual reimbursed for providing the children	70366
nonsecure care, supervision, or training twenty-four hours a day.	70367
"Foster home" does not include care provided for a child in the	70368
home of a person other than the child's parent, guardian, or legal	70369
custodian while the parent, guardian, or legal custodian is	70370
temporarily away. Family foster homes and specialized foster homes	70371
are types of foster homes.	70372

(E) "Medically fragile foster home" means a foster home that	70373
provides specialized medical services designed to meet the needs	70374
of children with intensive health care needs who meet all of the	70375
following criteria:	70376

(1) Under rules adopted by the ~~department of job and family~~	70377
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	70378
~~of the Revised Code~~medicaid payments for long-term care services,	70379
the children require a skilled level of care.	70380

(2) The children require the services of a doctor of medicine	70381
or osteopathic medicine at least once a week due to the	70382
instability of their medical conditions.	70383

(3) The children require the services of a registered nurse	70384
on a daily basis.	70385

(4) The children are at risk of institutionalization in a	70386
hospital, skilled nursing facility, or intermediate care facility	70387
for the mentally retarded.	70388

(F) "Recommending agency" means a public children services	70389
agency, private child placing agency, or private noncustodial	70390
agency that recommends that the department of job and family	70391
services take any of the following actions under section 5103.03	70392
of the Revised Code regarding a foster home:	70393

(1) Issue a certificate;

70394

(2) Deny a certificate;

70395

(3) Renew a certificate;

70396

(4) Deny renewal of a certificate;

70397

(5) Revoke a certificate.

70398

(G) "Specialized foster home" means a medically fragile	70399
foster home or a treatment foster home.	70400

(H) "Treatment foster home" means a foster home that	70401
incorporates special rehabilitative services designed to treat the	70402
specific needs of the children received in the foster home and	70403
that receives and cares for children who are emotionally or	70404
behaviorally disturbed, chemically dependent, mentally retarded,	70405
developmentally disabled, or who otherwise have exceptional needs.	70406

(I) "Therapeutic wilderness camp" means a structured,	70407
alternative residential setting for children who are experiencing	70408
emotional, behavioral, moral, social, or learning difficulties at	70409
home or school in which both of the following are the case:	70410

(1) The children spend the majority of their time, including	70411
overnight, either outdoors or in a primitive structure;	70412

(2) The children have been placed there by their parents or	70413
another relative having custody."	70414

Sec. 5103.0323. (A) As used in this section, ~~"government~~	70415
~~auditing standards" means the government auditing standards~~	70416
~~published by the comptroller general of the United States general~~	70417
~~accounting office~~"American institute of certified public	70418
accountants auditing standards" and "AICPA auditing standards"	70419
mean the auditing standards published by the American institute of	70420
certified public accountants.	70421

(B) The first time that a private child placing agency or	70422
private noncustodial agency seeks renewal of a certificate issued	70423
under section 5103.03 of the Revised Code, it shall provide the	70424
department of job and family services, as a condition of renewal,	70425
evidence of an independent financial statement audit ~~of its first~~	70426
~~year of certification, unless the auditor of state has audited the~~	70427
~~agency during that year and the audit sets forth that no money has~~	70428
~~been illegally expended, converted, misappropriated, or is~~	70429
~~unaccounted for or sets forth findings that are inconsequential,~~	70430
~~as defined by government~~performed by a licensed public accounting	70431
firm following applicable AICPA auditing standards for the most	70432
recent fiscal year. Thereafter, when an agency seeks renewal of	70433
its certificate, it shall provide the department evidence of an	70434
independent financial statement audit performed by a licensed	70435
public accounting firm following applicable AICPA auditing	70436
standards for the two most recent previous fiscal years it is	70437
possible for an independent audit to have been conducted~~, unless~~	70438
~~the auditor of state has audited the agency during those years and~~	70439
~~the audit sets forth that no money has been illegally expended,~~	70440
~~converted, misappropriated, or is unaccounted for or sets forth~~	70441
~~findings that are inconsequential, as defined by government~~	70442
~~auditing standards~~.	70443

(C) For an agency to be eligible for renewal, the independent	70444
audits must demonstrate that the agency operated in a fiscally	70445
accountable manner ~~in accordance with state laws and rules and any~~	70446
~~agreement between the agency and a public children services~~	70447
~~agency.~~	70448

~~All audits required by this section shall be conducted in~~	70449
~~accordance with generally accepted government auditing standards~~	70450
as determined by the department of job and family services.	70451

(D) The director of job and family services may adopt rules	70452
as necessary to implement this section. The director shall adopt	70453
the rules in accordance with section 111.15 of the Revised Code.	70454

Sec. 5103.13. (A) As used in this section and section	70455
5103.131 of the Revised Code:	70456

(1)(a) "Children's crisis care facility" means a facility	70457
that has as its primary purpose the provision of residential and	70458
other care to either or both of the following:	70459

(i) One or more preteens voluntarily placed in the facility	70460
by the preteen's parent or other caretaker who is facing a crisis	70461
that causes the parent or other caretaker to seek temporary care	70462
for the preteen and referral for support services;	70463

(ii) One or more preteens placed in the facility by a public	70464
children services agency or private child placing agency that has	70465
legal custody or permanent custody of the preteen and determines	70466
that an emergency situation exists necessitating the preteen's	70467
placement in the facility rather than an institution certified	70468
under section 5103.03 of the Revised Code or elsewhere.	70469

(b) "Children's crisis care facility" does not include either	70470
of the following:	70471

(i) Any organization, society, association, school, agency,	70472
child guidance center, detention or rehabilitation facility, or	70473
children's clinic licensed, regulated, approved, operated under	70474
the direction of, or otherwise certified by the department of	70475
education, a local board of education, the department of youth	70476
services, the department of ~~mental health~~mental health and	70477
addiction services, or the department of developmental	70478
disabilities;	70479

(ii) Any individual who provides care for only a	70480
single-family group, placed there by their parents or other	70481
relative having custody.	70482

(2) "Legal custody" and "permanent custody" have the same	70483
meanings as in section 2151.011 of the Revised Code.	70484

(3) "Preteen" means an individual under thirteen years of	70485
age.	70486

(B) No person shall operate a children's crisis care facility	70487
or hold a children's crisis care facility out as a certified	70488
children's crisis care facility unless there is a valid children's	70489
crisis care facility certificate issued under this section for the	70490
facility.	70491

(C) A person seeking to operate a children's crisis care	70492
facility shall apply to the director of job and family services to	70493
obtain a certificate for the facility. The director shall certify	70494
the person's children's crisis care facility if the facility meets	70495
all of the certification standards established in rules adopted	70496
under division (F) of this section and the person complies with	70497
all of the rules governing the certification of children's crisis	70498
care facilities adopted under that division. The issuance of a	70499
children's crisis care facility certificate does not exempt the	70500
facility from a requirement to obtain another certificate or	70501
license mandated by law.	70502

(D)(1) No certified children's crisis care facility shall do	70503
any of the following:	70504

(a) Provide residential care to a preteen for more than one	70505
hundred twenty days in a calendar year;	70506

(b) Subject to division (D)(1)(c) of this section and except	70507
as provided in division (D)(2) of this section, provide	70508
residential care to a preteen for more than sixty consecutive	70509
days;	70510

(c) Except as provided in division (D)(3) of this section,	70511
provide residential care to a preteen for more than seventy-two	70512
consecutive hours if a public children services agency or private	70513
child placing agency placed the preteen in the facility;	70514

(d) Fail to comply with section 2151.86 of the Revised Code.

70515

(2) A certified children's crisis care facility may provide	70516
residential care to a preteen for up to ninety consecutive days,	70517
other than a preteen placed in the facility by a public children	70518
services agency or private child placing agency, if any of the	70519
following are the case:	70520

(a) The preteen's parent or other caretaker is enrolled in an	70521
alcohol and drug addiction ~~program certified under section 3793.06~~	70522
~~of the Revised Code~~service or a community mental health service	70523
certified under section ~~5119.611~~5119.36 of the Revised Code;	70524

(b) The preteen's parent or other caretaker is an inpatient	70525
in a hospital;	70526

70527

(d) A physician has diagnosed the preteen's parent or other	70528
caretaker as medically incapacitated.	70529

(3) A certified children's crisis care facility may provide	70530
residential care to a preteen placed in the facility by a public	70531
children services agency or private child placing agency for more	70532
than seventy-two consecutive hours if the director of job and	70533
family services or the director's designee issues the agency a	70534
waiver of the seventy-two consecutive hour limitation. The waiver	70535
may authorize the certified children's crisis care facility to	70536
provide residential care to the preteen for up to fourteen	70537
consecutive days.	70538

(E) The director of job and family services may suspend or	70539
revoke a children's crisis care facility's certificate pursuant to	70540
Chapter 119. of the Revised Code if the facility violates division	70541
(D) of this section or ceases to meet any of the certification	70542
standards established in rules adopted under division (F) of this	70543
section or the facility's operator ceases to comply with any of	70544
the rules governing the certification of children's crisis care	70545
facilities adopted under that division.	70546

(F) Not later than ninety days after September 21, 2006, the	70547
director of job and family services shall adopt rules pursuant to	70548
Chapter 119. of the Revised Code for the certification of	70549
children's crisis care facilities. The rules shall specify that a	70550
certificate shall not be issued to an applicant if the conditions	70551
at the children's crisis care facility would jeopardize the health	70552
or safety of the preteens placed in the facility.	70553

Sec. 5103.42. Prior to the beginning of the fiscal biennium	70554
that first follows October 5, 2000, the public children services	70555
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	70556
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	70557
maintain a regional training center. Prior to the beginning of the	70558
fiscal biennium that first follows the effective date of this	70559
amendment, the public children services agency of Butler county	70560
shall establish and maintain a regional training center. At any	70561
time after the beginning of ~~that~~the specified biennium, the	70562
department of job and family services, on the recommendation of	70563
the Ohio child welfare training program steering committee, may	70564
direct a public children services agency to establish and maintain	70565
a training center to replace the center established by an agency	70566
under this section. There may be no more and no less than eight	70567
centers in existence at any time. The department may make a grant	70568
to a public children services agency that establishes and	70569
maintains a regional training center under this section for the	70570
purpose of wholly or partially subsidizing the operation of the	70571
center. The department shall specify in the grant all of the	70572
center's duties, including the duties specified in section	70573
5103.422 of the Revised Code.	70574

The regional training center established by the public	70575
children services agency of Butler county under this section	70576
replaces the regional training center previously established by	70577
the public children services agency of Hamilton county under this	70578
section.	70579

Sec. 5104.012. (A)(1) At the times specified in this	70580
division, the administrator of a child day-care center or a type A	70581
family day-care home shall request the superintendent of the	70582
bureau of criminal identification and investigation to conduct a	70583
criminal records check with respect to any applicant who has	70584
applied to the center or type A home for employment as a person	70585
responsible for the care, custody, or control of a child.	70586

The administrator shall request a criminal records check	70587
pursuant to this division at the time of the applicant's initial	70588
application for employment and every ~~four~~five years thereafter.	70589
When the administrator requests pursuant to this division a	70590
criminal records check for an applicant at the time of the	70591
applicant's initial application for employment, the administrator	70592
shall request that the superintendent obtain information from the	70593
federal bureau of investigation as a part of the criminal records	70594
check for the applicant, including fingerprint-based checks of	70595
national crime information databases as described in 42 U.S.C.	70596
671, for the person subject to the criminal records check. In all	70597
other cases in which the administrator requests a criminal records	70598
check for an applicant pursuant to this division, the	70599
administrator may request that the superintendent include	70600
information from the federal bureau of investigation in the	70601
criminal records check, including fingerprint-based checks of	70602
national crime information databases as described in 42 U.S.C.	70603
671.	70604

(2) A person required by division (A)(1) of this section to	70605
request a criminal records check shall provide to each applicant a	70606
copy of the form prescribed pursuant to division (C)(1) of section	70607
109.572 of the Revised Code, provide to each applicant a standard	70608
impression sheet to obtain fingerprint impressions prescribed	70609
pursuant to division (C)(2) of section 109.572 of the Revised	70610
Code, obtain the completed form and impression sheet from each	70611
applicant, and forward the completed form and impression sheet to	70612
the superintendent of the bureau of criminal identification and	70613
investigation at the time the person requests a criminal records	70614
check pursuant to division (A)(1) of this section. On and after	70615
August 14, 2008, the administrator of a child day-care center or a	70616
type A family day-care home shall review the results of the	70617
criminal records check before the applicant has sole	70618
responsibility for the care, custody, or control of any child.	70619

(3) An applicant who receives pursuant to division (A)(2) of	70620
this section a copy of the form prescribed pursuant to division	70621
(C)(1) of section 109.572 of the Revised Code and a copy of an	70622
impression sheet prescribed pursuant to division (C)(2) of that	70623
section and who is requested to complete the form and provide a	70624
set of fingerprint impressions shall complete the form or provide	70625
all the information necessary to complete the form and shall	70626
provide the impression sheet with the impressions of the	70627
applicant's fingerprints. If an applicant, upon request, fails to	70628
provide the information necessary to complete the form or fails to	70629
provide impressions of the applicant's fingerprints, the center or	70630
type A home shall not employ that applicant for any position for	70631
which a criminal records check is required by division (A)(1) of	70632
this section.	70633

(B)(1) Except as provided in rules adopted under division (E)	70634
of this section, no child day-care center or type A family	70635
day-care home shall employ or contract with another entity for the	70636
services of a person as a person responsible for the care,	70637
custody, or control of a child if the person previously has been	70638
convicted of or pleaded guilty to any of the violations described	70639
in division (A)(5) of section 109.572 of the Revised Code.	70640

(2) A child day-care center or type A family day-care home	70641
may employ an applicant conditionally until the criminal records	70642
check required by this section is completed and the center or home	70643
receives the results of the criminal records check. If the results	70644
of the criminal records check indicate that, pursuant to division	70645
(B)(1) of this section, the applicant does not qualify for	70646
employment, the center or home shall release the applicant from	70647
employment.	70648

(C)(1) Each child day-care center and type A family day-care	70649
home shall pay to the bureau of criminal identification and	70650
investigation the fee prescribed pursuant to division (C)(3) of	70651
section 109.572 of the Revised Code for each criminal records	70652
check conducted in accordance with that section upon the request	70653
pursuant to division (A)(1) of this section of the administrator	70654
or provider of the center or home.	70655

(2) A child day-care center and type A family day-care home	70656
may charge an applicant a fee for the costs it incurs in obtaining	70657
a criminal records check under this section. A fee charged under	70658
this division shall not exceed the amount of fees the center or	70659
home pays under division (C)(1) of this section. If a fee is	70660
charged under this division, the center or home shall notify the	70661
applicant at the time of the applicant's initial application for	70662
employment of the amount of the fee and that, unless the fee is	70663
paid, the center or type A home will not consider the applicant	70664
for employment.	70665

(D) The report of any criminal records check conducted by the	70666
bureau of criminal identification and investigation in accordance	70667
with section 109.572 of the Revised Code and pursuant to a request	70668
under division (A)(1) of this section is not a public record for	70669
the purposes of section 149.43 of the Revised Code and shall not	70670
be made available to any person other than the applicant who is	70671
the subject of the criminal records check or the applicant's	70672
representative; the center or type A home requesting the criminal	70673
records check or its representative; the department of job and	70674
family services or a county department of job and family services;	70675
and any court, hearing officer, or other necessary individual	70676
involved in a case dealing with the denial of employment to the	70677
applicant.	70678

(E) The director of job and family services shall adopt rules	70679
pursuant to Chapter 119. of the Revised Code to implement this	70680
section, including rules specifying circumstances under which a	70681
center or home may hire a person who has been convicted of an	70682
offense listed in division (B)(1) of this section but who meets	70683
standards in regard to rehabilitation set by the department.	70684

(F) Any person required by division (A)(1) of this section to	70685
request a criminal records check shall inform each person, at the	70686
time of the person's initial application for employment, that the	70687
person is required to provide a set of impressions of the person's	70688
fingerprints and that a criminal records check is required to be	70689
conducted and satisfactorily completed in accordance with section	70690
109.572 of the Revised Code if the person comes under final	70691
consideration for appointment or employment as a precondition to	70692
employment for that position.	70693

(G) As used in this section:

70694

(1) "Applicant" means a person who is under final	70695
consideration for appointment to or employment in a position with	70696
a child day-care center or a type A family day-care home as a	70697
person responsible for the care, custody, or control of a child;	70698
an in-home aide certified pursuant to section 5104.12 of the	70699
Revised Code; or any person who would serve in any position with a	70700
child day-care center or a type A family day-care home as a person	70701
responsible for the care, custody, or control of a child pursuant	70702
to a contract with another entity.	70703

(2) "Criminal records check" has the same meaning as in	70704
section 109.572 of the Revised Code.	70705

Sec. 5104.013. (A)(1) At the times specified in division	70706
(A)(3) of this section, the director of job and family services,	70707
as part of the process of licensure of child day-care centers and	70708
type A family day-care homes, shall request the superintendent of	70709
the bureau of criminal identification and investigation to conduct	70710
a criminal records check with respect to the following persons:	70711

(a) Any owner, licensee, or administrator of a child day-care	70712
center;	70713

(b) Any owner, licensee, or administrator of a type A family	70714
day-care home and any person eighteen years of age or older who	70715
resides in a type A family day-care home.	70716

(2) At the times specified in division (A)(3) of this	70717
section, the director of a county department of job and family	70718
services, as part of the process of certification of type B family	70719
day-care homes, shall request the superintendent of the bureau of	70720
criminal identification and investigation to conduct a criminal	70721
records check with respect to any authorized provider of a	70722
certified type B family day-care home and any person eighteen	70723
years of age or older who resides in a certified type B family	70724
day-care home.	70725

(3) The director of job and family services shall request a	70726
criminal records check pursuant to division (A)(1) of this section	70727
at the time of the initial application for licensure and every	70728
~~four~~five years thereafter. The director of a county department of	70729
job and family services shall request a criminal records check	70730
pursuant to division (A)(2) of this section at the time of the	70731
initial application for certification and every ~~four~~five years	70732
thereafter at the time of a certification renewal. When the	70733
director of job and family services or the director of a county	70734
department of job and family services requests pursuant to	70735
division (A)(1) or (2) of this section a criminal records check	70736
for a person at the time of the person's initial application for	70737
licensure or certification, the director shall request that the	70738
superintendent of the bureau of criminal identification and	70739
investigation obtain information from the federal bureau of	70740
investigation as a part of the criminal records check for the	70741
person, including fingerprint-based checks of national crime	70742
information databases as described in 42 U.S.C. 671 for the person	70743
subject to the criminal records check. In all other cases in which	70744
the director of job and family services or the director of a	70745
county department of job and family services requests a criminal	70746
records check for an applicant pursuant to division (A)(1) or (2)	70747
of this section, the director may request that the superintendent	70748
include information from the federal bureau of investigation in	70749
the criminal records check, including fingerprint-based checks of	70750
national crime information databases as described in 42 U.S.C.	70751
671.	70752

(4) The director of job and family services shall review the	70753
results of a criminal records check subsequent to a request made	70754
pursuant to divisions (A)(1) and (3) of this section prior to	70755
approval of a license. The director of a county department of job	70756
and family services shall review the results of a criminal records	70757
check subsequent to a request made pursuant to divisions (A)(2)	70758
and (3) of this section prior to approval of certification.	70759

(B) The director of job and family services or the director	70760
of a county department of job and family services shall provide to	70761
each person for whom a criminal records check is required under	70762
this section a copy of the form prescribed pursuant to division	70763
(C)(1) of section 109.572 of the Revised Code and a standard	70764
impression sheet to obtain fingerprint impressions prescribed	70765
pursuant to division (C)(2) of that section, obtain the completed	70766
form and impression sheet from that person, and forward the	70767
completed form and impression sheet to the superintendent of the	70768
bureau of criminal identification and investigation.	70769

(C) A person who receives pursuant to division (B) of this	70770
section a copy of the form and standard impression sheet described	70771
in that division and who is requested to complete the form and	70772
provide a set of fingerprint impressions shall complete the form	70773
or provide all the information necessary to complete the form and	70774
shall provide the impression sheet with the impressions of the	70775
person's fingerprints. If the person, upon request, fails to	70776
provide the information necessary to complete the form or fails to	70777
provide impressions of the person's fingerprints, the director may	70778
consider the failure as a reason to deny licensure or	70779
certification.	70780

(D) Except as provided in rules adopted under division (G) of	70781
this section, the director of job and family services shall not	70782
grant a license to a child day-care center or type A family	70783
day-care home and a county director of job and family services	70784
shall not certify a type B family day-care home if a person for	70785
whom a criminal records check was required in connection with the	70786
center or home previously has been convicted of or pleaded guilty	70787
to any of the violations described in division (A)(5) of section	70788
109.572 of the Revised Code.	70789

(E) Each child day-care center, type A family day-care home,	70790
and type B family day-care home shall pay to the bureau of	70791
criminal identification and investigation the fee prescribed	70792
pursuant to division (C)(3) of section 109.572 of the Revised Code	70793
for each criminal records check conducted in accordance with that	70794
section upon a request made pursuant to division (A) of this	70795
section.	70796

(F) The report of any criminal records check conducted by the	70797
bureau of criminal identification and investigation in accordance	70798
with section 109.572 of the Revised Code and pursuant to a request	70799
made under division (A) of this section is not a public record for	70800
the purposes of section 149.43 of the Revised Code and shall not	70801
be made available to any person other than the person who is the	70802
subject of the criminal records check or the person's	70803
representative, the director of job and family services, the	70804
director of a county department of job and family services, the	70805
center, type A home, or type B home involved, and any court,	70806
hearing officer, or other necessary individual involved in a case	70807
dealing with a denial of licensure or certification related to the	70808
criminal records check.	70809

(G) The director of job and family services shall adopt rules	70810
pursuant to Chapter 119. of the Revised Code to implement this	70811
section, including rules specifying exceptions to the prohibition	70812
in division (D) of this section for persons who have been	70813
convicted of an offense listed in that division but who meet	70814
standards in regard to rehabilitation set by the director.	70815

(H) As used in this section, "criminal records check" has the	70816
same meaning as in section 109.572 of the Revised Code.	70817

Sec. 5104.02. (A) The director of job and family services is	70818
responsible for the licensing of child day-care centers and type A	70819
family day-care homes. Each entity operating a head start program	70820
shall meet the criteria for, and be licensed as, a child day-care	70821
center. The director is responsible for the enforcement of this	70822
chapter and of rules promulgated pursuant to this chapter.	70823

No person, firm, organization, institution, or agency shall	70824
operate, establish, manage, conduct, or maintain a child day-care	70825
center or type A family day-care home without a license issued	70826
under section 5104.03 of the Revised Code. The current license	70827
shall be posted in a conspicuous place in the center or type A	70828
home that is accessible to parents, custodians, or guardians and	70829
employees of the center or type A home at all times when the	70830
center or type A home is in operation.	70831

(B) A person, firm, institution, organization, or agency	70832
operating any of the following programs is exempt from the	70833
requirements of this chapter:	70834

(1) A program of child care that operates for two or less	70835
consecutive weeks;	70836

(2) Child care in places of worship during religious	70837
activities during which children are cared for while at least one	70838
parent, guardian, or custodian of each child is participating in	70839
such activities and is readily available;	70840

(3) Religious activities which do not provide child care;

70841

(4) Supervised training, instruction, or activities of	70842
children in specific areas, including, but not limited to: art;	70843
drama; dance; music; gymnastics, swimming, or another athletic	70844
skill or sport; computers; or an educational subject conducted on	70845
an organized or periodic basis no more than one day a week and for	70846
no more than six hours duration;	70847

(5) Programs in which the director determines that at least	70848
one parent, custodian, or guardian of each child is on the	70849
premises of the facility offering child care and is readily	70850
accessible at all times, except that child care provided on the	70851
premises at which a parent, custodian, or guardian is employed	70852
more than two and one-half hours a day shall be licensed in	70853
accordance with division (A) of this section;	70854

(6)(a) Programs that provide child care funded and regulated	70855
or operated and regulated by state departments other than the	70856
department of job and family services or the state board of	70857
education when the director of job and family services has	70858
determined that the rules governing the program are equivalent to	70859
or exceed the rules promulgated pursuant to this chapter.	70860

Notwithstanding any exemption from regulation under this	70861
chapter, each state department shall submit to the director of job	70862
and family services a copy of the rules that govern programs that	70863
provide child care and are regulated or operated and regulated by	70864
the department. Annually, each state department shall submit to	70865
the director a report for each such program it regulates or	70866
operates and regulates that includes the following information:	70867

(i) The site location of the program;

70868

(ii) The maximum number of infants, toddlers, preschool-age	70869
children, or school-age children served by the program at one	70870
time;	70871

(iii) The number of adults providing child care for the	70872
number of infants, toddlers, preschool-age children, or school-age	70873
children;	70874

(iv) Any changes in the rules made subsequent to the time	70875
when the rules were initially submitted to the director.	70876

The director shall maintain a record of the child care	70877
information submitted by other state departments and shall provide	70878
this information upon request to the general assembly or the	70879
public.	70880

(b) Child care programs conducted by boards of education or	70881
by chartered nonpublic schools that are conducted in school	70882
buildings and that provide child care to school-age children only	70883
shall be exempt from meeting or exceeding rules promulgated	70884
pursuant to this chapter.	70885

(7) Any preschool program or school child program, except a	70886
head start program, that is subject to licensure by the department	70887
of education under sections 3301.52 to 3301.59 of the Revised	70888
Code.	70889

(8) Any program providing child care that meets all of the	70890
following requirements and, on October 20, 1987, was being	70891
operated by a nonpublic school that holds a charter issued by the	70892
state board of education for kindergarten only:	70893

(a) The nonpublic school has given the notice to the state	70894
board and the director of job and family services required by	70895
Section 4 of Substitute House Bill No. 253 of the 117th general	70896
assembly;	70897

(b) The nonpublic school continues to be chartered by the	70898
state board for kindergarten, or receives and continues to hold a	70899
charter from the state board for kindergarten through grade five;	70900

70901

(d) The program is operated in accordance with rules	70902
promulgated by the state board under sections 3301.52 to 3301.57	70903
of the Revised Code.	70904

(9) A youth development program operated outside of school	70905
hours by a community-based center to which all of the following	70906
apply:	70907

(a) The children enrolled in the program are under nineteen	70908
years of age and enrolled in or eligible to be enrolled in a grade	70909
of kindergarten or above.	70910

(b) The program provides informal child care ~~and at least~~	70911
~~two~~, which is child care that does not require parental signature,	70912
permission, or notice for the child receiving the care to enter or	70913
leave the program;	70914

(c) The program provides any of the following supervised	70915
activities: educational, recreational, culturally enriching,	70916
social, and personal development activities.	70917

~~(c)~~(d) The program is eligible for participation in the child	70918
and adult care food program as an outside-school-hours care center	70919
pursuant to standards established under section 3313.813 of the	70920
Revised Code.	70921

~~(d)~~(e) The community-based center operating the program is	70922
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	70923
and (c)(3).	70924

Sec. 5104.021. The director of job and family services may	70925
~~not~~ issue a child day-care center or type A family day-care home	70926
license to a youth development program that is exempted by	70927
division (B)(9) of section 5104.02 of the Revised Code from the	70928
requirements of this chapter if the youth development program	70929
applies for and meets all of the requirements for the license.	70930

Sec. 5104.03. (A) Any person, firm, organization,	70931
institution, or agency desiring to establish a child day-care	70932
center or type A family day-care home shall apply for a license to	70933
the director of job and family services on such form as the	70934
director prescribes. The director shall provide at no charge to	70935
each applicant for licensure a copy of the child care license	70936
requirements in this chapter and a copy of the rules adopted	70937
pursuant to this chapter. The copies may be provided in paper or	70938
electronic form.	70939

Fees shall be set by the director pursuant to section	70940
5104.011 of the Revised Code and shall be paid at the time of	70941
application for a license to operate a center or type A home. Fees	70942
collected under this section shall be paid into the state treasury	70943
to the credit of the general revenue fund.	70944

(B) Upon filing of the application for a license, the	70945
director shall investigate and inspect the center or type A home	70946
to determine the license capacity for each age category of	70947
children of the center or type A home and to determine whether the	70948
center or type A home complies with this chapter and rules adopted	70949
pursuant to this chapter. When, after investigation and	70950
inspection, the director is satisfied that this chapter and rules	70951
adopted pursuant to it are complied with, subject to division (G)	70952
of this section, a provisional license shall be issued as soon as	70953
practicable in such form and manner as prescribed by the director.	70954
The provisional license shall be valid for twelve months from the	70955
date of issuance unless revoked.	70956

(C) The director shall investigate and inspect the center or	70957
type A home at least once during operation under the provisional	70958
license. If after the investigation and inspection the director	70959
determines that the requirements of this chapter and rules adopted	70960
pursuant to this chapter are met, subject to division (G) of this	70961
section, the director shall issue a license to the center or home.	70962

(D) The license or provisional license shall state the name	70963
of the licensee, the name of the administrator, the address of the	70964
center or type A home, and the license capacity for each age	70965
category of children. The license or provisional license shall	70966
include thereon, in accordance with section 5104.011 of the	70967
Revised Code, the toll-free telephone number to be used by persons	70968
suspecting that the center or type A home has violated a provision	70969
of this chapter or rules adopted pursuant to this chapter. A	70970
license or provisional license is valid only for the licensee,	70971
administrator, address, and license capacity for each age category	70972
of children designated on the license. The license capacity	70973
specified on the license or provisional license is the maximum	70974
number of children in each age category that may be cared for in	70975
the center or type A home at one time.	70976

The center or type A home licensee shall notify the director	70977
when the administrator of the center or home changes. The director	70978
shall amend the current license or provisional license to reflect	70979
a change in an administrator, if the administrator meets the	70980
requirements of Chapter 5104. of the Revised Code and rules	70981
adopted pursuant to Chapter 5104. of the Revised Code, or a change	70982
in license capacity for any age category of children as determined	70983
by the director of job and family services.	70984

(E) If the director revokes the license of a center or a type	70985
A home, the director shall not issue another license to the owner	70986
of the center or type A home until five years have elapsed from	70987
the date the license is revoked.	70988

If the director denies an application for a license, the	70989
director shall not accept another application from the applicant	70990
until five years have elapsed from the date the application is	70991
denied.	70992

(F) If during the application for licensure process the	70993
director determines that the license of the owner has been	70994
revoked, the investigation of the center or type A home shall	70995
cease. This action does not constitute denial of the application	70996
and may not be appealed under division (G) of this section.	70997

(G) All actions of the director with respect to licensing	70998
centers or type A homes, refusal to license, and revocation of a	70999
license shall be in accordance with Chapter 119. of the Revised	71000
Code. Any applicant who is denied a license or any owner whose	71001
license is revoked may appeal in accordance with section 119.12 of	71002
the Revised Code.	71003

(H) In no case shall the director issue a license or	71004
provisional license under this section for a type A home or center	71005
if the director, based on documentation provided by the	71006
appropriate county department of job and family services,	71007
determines that the applicant previously had been certified as a	71008
type B family day-care home, that the county department revoked	71009
that certification within the immediately preceding five years,	71010
that the revocation was based on the applicant's refusal or	71011
inability to comply with the criteria for certification, and that	71012
the refusal or inability resulted in a risk to the health or	71013
safety of children.	71014

Sec. 5104.08. (A) There is hereby created in the department	71015
of job and family services a child care advisory council to advise	71016
and assist the department in the administration of this chapter	71017
and in the development of child care. The council shall consist of	71018
twenty-two voting members appointed by the director of job and	71019
family services with the approval of the governor. The director of	71020
job and family services, the director of developmental	71021
disabilities, the director of ~~mental health~~mental health and	71022
addiction services, the superintendent of public instruction, the	71023
director of health, the director of commerce, and the state fire	71024
marshal shall serve as nonvoting members of the council.	71025

Six members shall be representatives of child care centers	71026
subject to licensing, the members to represent a variety of	71027
centers, including nonprofit and proprietary, from different	71028
geographical areas of the state. At least three members shall be	71029
parents, guardians, or custodians of children receiving child care	71030
or publicly funded child care in the child's own home, a center, a	71031
type A home, a head start program, a certified type B home, or a	71032
type B home at the time of appointment. Three members shall be	71033
representatives of in-home aides, type A homes, certified type B	71034
homes, or type B homes or head start programs. At least six	71035
members shall represent county departments of job and family	71036
services. The remaining members shall be representatives of the	71037
teaching, child development, and health professions, and other	71038
individuals interested in the welfare of children. At least six	71039
members of the council shall not be employees or licensees of a	71040
child day-care center, head start program, or type A home, or	71041
providers operating a certified type B home or type B home, or	71042
in-home aides.	71043

Appointments shall be for three-year terms. Vacancies shall	71044
be filled for the unexpired terms. A member of the council is	71045
subject to removal by the director of job and family services for	71046
a willful and flagrant exercise of authority or power that is not	71047
authorized by law, for a refusal or willful neglect to perform any	71048
official duty as a member of the council imposed by law, or for	71049
being guilty of misfeasance, malfeasance, nonfeasance, or gross	71050
neglect of duty as a member of the council.	71051

There shall be two co-chairpersons of the council. One	71052
co-chairperson shall be the director of job and family services or	71053
the director's designee, and one co-chairperson shall be elected	71054
by the members of the council. The council shall meet as often as	71055
is necessary to perform its duties, provided that it shall meet at	71056
least once in each quarter of each calendar year and at the call	71057
of the co-chairpersons. The co-chairpersons or their designee	71058
shall send to each member a written notice of the date, time, and	71059
place of each meeting.	71060

Members of the council shall serve without compensation, but	71061
shall be reimbursed for necessary expenses.	71062

(B) The child care advisory council shall advise the director	71063
on matters affecting the licensing of centers and type A homes and	71064
the certification of type B homes and in-home aides. The council	71065
shall make an annual report to the director of job and family	71066
services that addresses the availability, affordability,	71067
accessibility, and quality of child care and that summarizes the	71068
recommendations and plans of action that the council has proposed	71069
to the director during the preceding fiscal year. The director of	71070
job and family services shall provide copies of the report to the	71071
governor, speaker and minority leader of the house of	71072
representatives, and the president and minority leader of the	71073
senate and, on request, shall make copies available to the public.	71074

(C) The director of job and family services shall adopt rules	71075
pursuant to Chapter 119. of the Revised Code to implement this	71076
section.	71077

Sec. 5104.11. (A)(1) Every person desiring to receive	71078
certification for a type B family day-care home to provide	71079
publicly funded child care shall apply for certification to the	71080
county director of job and family services on such forms as the	71081
director of job and family services prescribes. The county	71082
director shall provide at no charge to each applicant a copy of	71083
rules for certifying type B family day-care homes adopted pursuant	71084
to this chapter.	71085

(2) Except as provided in division (G)(1) of section 5104.011	71086
of the Revised Code, after receipt of an application for	71087
certification from a type B family day-care home, the county	71088
director of job and family services shall inspect the home. If it	71089
complies with this chapter and any applicable rules adopted under	71090
this chapter, the county department shall certify the type B	71091
family day-care home to provide publicly funded child care	71092
pursuant to this chapter and any rules adopted under it. The	71093
director of job and family services or a county director of job	71094
and family services may contract with a government entity or a	71095
private nonprofit entity for that entity to inspect and certify	71096
type B family day-care homes pursuant to this section. The county	71097
department of job and family services, government entity, or	71098
nonprofit entity shall conduct the inspection prior to the	71099
issuance of a certificate for the type B home and, as part of that	71100
inspection, ensure that the type B home is safe and sanitary.	71101

(3)(a) On receipt of an application for certification for a	71102
type B family day-care home to provide publicly funded child care	71103
or for renewal of such certification, the county department shall	71104
request from ~~both of the following~~the public children services	71105
agency information concerning any abuse or neglect report made	71106
pursuant to section 2151.421 of the Revised Code of which the	71107
applicant, any other adult residing in the applicant's home, or a	71108
person designated by the applicant to be an emergency or	71109
substitute caregiver for the applicant is the subject:	71110

~~(i) The public children services agency, until the county~~	71111
~~department is notified by the department of job and family~~	71112
~~services that the uniform statewide automated child welfare~~	71113
~~information system has been finalized statewide;~~	71114

~~(ii) Upon receipt of notification under division (D) of~~	71115
~~section 5101.13 of the Revised Code that the uniform statewide~~	71116
~~automated child welfare information system has been implemented~~	71117
~~statewide, the uniform statewide automated child welfare~~	71118
~~information system via the department~~.	71119

(b) The county department shall consider any information	71120
provided by the agency ~~or the department~~ pursuant to section	71121
5153.175 of the Revised Code. If the county department determines	71122
that the information, when viewed within the totality of the	71123
circumstances, reasonably leads to the conclusion that the	71124
applicant may directly or indirectly endanger the health, safety,	71125
or welfare of children, the county department shall deny the	71126
application for certification or renewal of certification, or	71127
revoke the certification of an authorized provider.	71128

(c) As used in division (A)(3) of this section, "public	71129
children services agency" means either an entity separate from the	71130
county department or the part of the county department that serves	71131
as the county's public children services agency, as appropriate.	71132

(4) Except as provided in division (A)(5) of this section, an	71133
authorized provider of a type B family day-care home that receives	71134
a certificate pursuant to this section to provide publicly funded	71135
child care is an independent contractor and is not an employee of	71136
the county department of job and family services that issues the	71137
certificate.	71138

(5) For purposes of Chapter 4141. of the Revised Code,	71139
determinations concerning the employment of an authorized provider	71140
of a type B family day-care home that receives a certificate	71141
pursuant to this section shall be determined under Chapter 4141.	71142
of the Revised Code.	71143

(B)(1) If the county director of job and family services	71144
determines that the type B family day-care home complies with this	71145
chapter and any rules adopted under it, the county director shall	71146
issue to the provider a certificate to provide publicly funded	71147
child care~~, which~~. The certificate is valid for twelve months,	71148
unless revoked earlier. ~~The county director may revoke the~~	71149
~~certificate after determining that revocation is necessary.~~ The	71150
authorized provider shall post the certificate in a conspicuous	71151
place in the certified type B home that is accessible to parents,	71152
custodians, or guardians at all times. The certificate shall state	71153
the name and address of the authorized provider, the maximum	71154
number of children who may be cared for at any one time in the	71155
certified type B home, the expiration date of the certification,	71156
and the name and telephone number of the county director who	71157
issued the certificate.	71158

(2) The county director may revoke a certificate to provide	71159
publicly funded child care in either of the following	71160
circumstances:	71161

(a) The county director determines, pursuant to rules adopted	71162
under Chapter 119. of the Revised Code, that revocation is	71163
necessary;	71164

(b) The authorized provider does not comply with division	71165
(D)(2) of section 5104.32 of the Revised Code.	71166

(C)(1) The county director shall inspect every certified type	71167
B family day-care home at least twice within each twelve-month	71168
period of the operation of the certified type B home. A minimum of	71169
one inspection shall be unannounced and all inspections may be	71170
unannounced. Upon receipt of a complaint, the county director	71171
shall investigate the certified type B home, and division (C)(2)	71172
of this section applies regarding the complaint. The authorized	71173
provider shall permit the county director to inspect any part of	71174
the certified type B home. The county director shall prepare a	71175
written inspection report and furnish one copy to the authorized	71176
provider within a reasonable time after the inspection.	71177

(2) Upon receipt of a complaint as described in division	71178
(C)(1) of this section, in addition to the investigation that is	71179
required under that division, both of the following apply:	71180

(a) If the complaint alleges that a child suffered physical	71181
harm while receiving child care at the certified type B family	71182
day-care home or that the noncompliance with law or act alleged in	71183
the complaint involved, resulted in, or poses a substantial risk	71184
of physical harm to a child receiving child care at the home, the	71185
county director shall inspect the home.	71186

(b) If division (C)(2)(a) of this section does not apply	71187
regarding the complaint, the county director may inspect the	71188
certified type B family day-care home.	71189

(3) Division (C)(2) of this section does not limit, restrict,	71190
or negate any duty of the county director to inspect a certified	71191
type B family day-care home that otherwise is imposed under this	71192
section, or any authority of the county director to inspect a home	71193
that otherwise is granted under this section when the county	71194
director believes the inspection is necessary and it is permitted	71195
under the grant.	71196

(D) The county director of job and family services, in	71197
accordance with rules adopted pursuant to section 5104.052 of the	71198
Revised Code regarding fire safety and fire prevention, shall	71199
inspect each type B home that applies to be certified that is	71200
providing or is to provide publicly funded child care.	71201

(E) All materials that are supplied by the department of job	71202
and family services to type A family day-care home providers, type	71203
B family day-care home providers, in-home aides, persons who	71204
desire to be type A family day-care home providers, type B family	71205
day-care home providers, or in-home aides, and caretaker parents	71206
shall be written at no higher than the sixth grade reading level.	71207
The department may employ a readability expert to verify its	71208
compliance with this division.	71209

Sec. 5104.12. (A) The county director of job and family	71210
services may certify in-home aides to provide publicly funded	71211
child care pursuant to this chapter and any rules adopted under	71212
it. Any in-home aide who receives a certificate pursuant to this	71213
section to provide publicly funded child care is an independent	71214
contractor and is not an employee of the county department of job	71215
and family services that issues the certificate.	71216

(B) Every person desiring to receive certification as an	71217
in-home aide shall apply for certification to the county director	71218
of job and family services on such forms as the director of job	71219
and family services prescribes. The county director shall provide	71220
at no charge to each applicant a copy of rules for certifying	71221
in-home aides adopted pursuant to this chapter.	71222

(C)(1) If the county director of job and family services	71223
determines that public funds are available and that the person	71224
complies with this chapter and any rules adopted under it, the	71225
county director shall certify the person as an in-home aide and	71226
issue the person a certificate to provide publicly funded child	71227
care for twelve months. ~~The county director may revoke the~~	71228
~~certificate after determining that revocation is necessary.~~ The	71229
county director shall furnish a copy of the certificate to the	71230
parent, custodian, or guardian. The certificate shall state the	71231
name and address of the in-home aide, the expiration date of the	71232
certification, and the name and telephone number of the county	71233
director who issued the certificate.	71234

(2) The county director may revoke the certificate in either	71235
of the following circumstances:	71236

(a) The county director determines, pursuant to rules adopted	71237
under Chapter 119. of the Revised Code, that revocation is	71238
necessary;	71239

(b) The in-home aide does not comply with division (D)(2) of	71240
section 5104.32 of the Revised Code.	71241

(D)(1) The county director of job and family services shall	71242
inspect every home of a child who is receiving publicly funded	71243
child care in the child's own home while the in-home aide is	71244
providing the services. Inspections may be unannounced. Upon	71245
receipt of a complaint, the county director shall investigate the	71246
in-home aide, shall investigate the home of a child who is	71247
receiving publicly funded child care in the child's own home, and	71248
division (D)(2) of this section applies regarding the complaint.	71249
The caretaker parent shall permit the county director to inspect	71250
any part of the child's home. The county director shall prepare a	71251
written inspection report and furnish one copy each to the in-home	71252
aide and the caretaker parent within a reasonable time after the	71253
inspection.	71254

(2) Upon receipt of a complaint as described in division	71255
(D)(1) of this section, in addition to the investigations that are	71256
required under that division, both of the following apply:	71257

(a) If the complaint alleges that a child suffered physical	71258
harm while receiving publicly funded child care in the child's own	71259
home from an in-home aide or that the noncompliance with law or	71260
act alleged in the complaint involved, resulted in, or poses a	71261
substantial risk of physical harm to a child receiving publicly	71262
funded child care in the child's own home from an in-home aide,	71263
the county director shall inspect the home of the child.	71264

(b) If division (D)(2)(a) of this section does not apply	71265
regarding the complaint, the county director may inspect the home	71266
of the child.	71267

(3) Division (D)(2) of this section does not limit, restrict,	71268
or negate any duty of the county director to inspect a home of a	71269
child who is receiving publicly funded child care from an in-home	71270
aide that otherwise is imposed under this section, or any	71271
authority of the county director to inspect such a home that	71272
otherwise is granted under this section when the county director	71273
believes the inspection is necessary and it is permitted under the	71274
grant.	71275

Sec. 5104.32. (A) Except as provided in division (C) of this	71276
section, all purchases of publicly funded child care shall be made	71277
under a contract entered into by a licensed child day-care center,	71278
licensed type A family day-care home, certified type B family	71279
day-care home, certified in-home aide, approved child day camp,	71280
licensed preschool program, licensed school child program, or	71281
border state child care provider and the department of job and	71282
family services. All contracts for publicly funded child care	71283
shall be contingent upon the availability of state and federal	71284
funds. The department shall prescribe a standard form to be used	71285
for all contracts for the purchase of publicly funded child care,	71286
regardless of the source of public funds used to purchase the	71287
child care. To the extent permitted by federal law and	71288
notwithstanding any other provision of the Revised Code that	71289
regulates state contracts or contracts involving the expenditure	71290
of state or federal funds, all contracts for publicly funded child	71291
care shall be entered into in accordance with the provisions of	71292
this chapter and are exempt from any other provision of the	71293
Revised Code that regulates state contracts or contracts involving	71294
the expenditure of state or federal funds.	71295

(B) Each contract for publicly funded child care shall	71296
specify at least the following:	71297

(1) That the provider of publicly funded child care agrees to	71298
be paid for rendering services at the lower of the rate	71299
customarily charged by the provider for children enrolled for	71300
child care or the reimbursement ceiling or rate of payment	71301
established pursuant to section 5104.30 of the Revised Code;	71302

(2) That, if a provider provides child care to an individual	71303
potentially eligible for publicly funded child care who is	71304
subsequently determined to be eligible, the department agrees to	71305
pay for all child care provided between the date the county	71306
department of job and family services receives the individual's	71307
completed application and the date the individual's eligibility is	71308
determined;	71309

(3) Whether the county department of job and family services,	71310
the provider, or a child care resource and referral service	71311
organization will make eligibility determinations, whether the	71312
provider or a child care resource and referral service	71313
organization will be required to collect information to be used by	71314
the county department to make eligibility determinations, and the	71315
time period within which the provider or child care resource and	71316
referral service organization is required to complete required	71317
eligibility determinations or to transmit to the county department	71318
any information collected for the purpose of making eligibility	71319
determinations;	71320

(4) That the provider, other than a border state child care	71321
provider, shall continue to be licensed, approved, or certified	71322
pursuant to this chapter and shall comply with all standards and	71323
other requirements in this chapter and in rules adopted pursuant	71324
to this chapter for maintaining the provider's license, approval,	71325
or certification;	71326

(5) That, in the case of a border state child care provider,	71327
the provider shall continue to be licensed, certified, or	71328
otherwise approved by the state in which the provider is located	71329
and shall comply with all standards and other requirements	71330
established by that state for maintaining the provider's license,	71331
certificate, or other approval;	71332

(6) Whether the provider will be paid by the state department	71333
of job and family services or in some other manner as prescribed	71334
by rules adopted under section 5104.42 of the Revised Code;	71335

(7) That the contract is subject to the availability of state	71336
and federal funds.	71337

(C) Unless specifically prohibited by federal law or by rules	71338
adopted under section 5104.42 of the Revised Code, the county	71339
department of job and family services shall give individuals	71340
eligible for publicly funded child care the option of obtaining	71341
certificates that the individual may use to purchase services from	71342
any provider qualified to provide publicly funded child care under	71343
section 5104.31 of the Revised Code. Providers of publicly funded	71344
child care may present these certificates for payment in	71345
accordance with rules that the director of job and family services	71346
shall adopt. Only providers may receive payment for certificates.	71347
The value of the certificate shall be based on the lower of the	71348
rate customarily charged by the provider or the rate of payment	71349
established pursuant to section 5104.30 of the Revised Code. The	71350
county department may provide the certificates to the individuals	71351
or may contract with child care providers or child care resource	71352
and referral service organizations that make determinations of	71353
eligibility for publicly funded child care pursuant to contracts	71354
entered into under section 5104.34 of the Revised Code for the	71355
providers or resource and referral service organizations to	71356
provide the certificates to individuals whom they determine are	71357
eligible for publicly funded child care.	71358

For each six-month period a provider of publicly funded child	71359
care provides publicly funded child care to the child of an	71360
individual given certificates, the individual shall provide the	71361
provider certificates for days the provider would have provided	71362
publicly funded child care to the child had the child been	71363
present. The maximum number of days providers shall be provided	71364
certificates shall not exceed ten days in a six-month period	71365
during which publicly funded child care is provided to the child	71366
regardless of the number of providers that provide publicly funded	71367
child care to the child during that period.	71368

(D)(1) The department shall establish the Ohio electronic	71369
child care system to track attendance and calculate payments for	71370
publicly funded child care. The system shall include issuing an	71371
electronic child care card to each caretaker parent to swipe	71372
through a point-of-service device issued to an eligible provider,	71373
as described in section 5104.31 of the Revised Code.	71374

(2) Each eligible provider that provides publicly funded	71375
child care shall participate in the Ohio electronic child care	71376
system. A provider participating in the system shall not do any of	71377
the following:	71378

(a) Use or have possession of an electronic child care card	71379
issued to a caretaker parent;	71380

(b) Falsify attendance records;

71381

(c) Knowingly seek payment for publicly funded child care	71382
that was not provided;	71383

(d) Knowingly accept reimbursement for publicly funded child	71384
care that was not provided.	71385

Sec. 5107.10. (A) As used in this section:

71386

(1) "Countable income," "gross earned income," and "gross	71387
unearned income" have the meanings established in rules adopted	71388
under section 5107.05 of the Revised Code.	71389

(2) "Federal poverty guidelines" has the same meaning as in	71390
section 5101.46 of the Revised Code, except that references to a	71391
person's family in the definition shall be deemed to be references	71392
to the person's assistance group.	71393

(3) "Gross income" means gross earned income and gross	71394
unearned income.	71395

(4) "Strike" means continuous concerted action in failing to	71396
report to duty; willful absence from one's position; or stoppage	71397
of work in whole from the full, faithful, and proper performance	71398
of the duties of employment, for the purpose of inducing,	71399
influencing, or coercing a change in wages, hours, terms, and	71400
other conditions of employment. "Strike" does not include a	71401
stoppage of work by employees in good faith because of dangerous	71402
or unhealthful working conditions at the place of employment that	71403
are abnormal to the place of employment.	71404

(B) Under the Ohio works first program, an assistance group	71405
shall receive, except as otherwise provided by this chapter,	71406
time-limited cash assistance. In the case of an assistance group	71407
that includes a minor head of household or adult, assistance shall	71408
be provided in accordance with the self-sufficiency contract	71409
entered into under section 5107.14 of the Revised Code.	71410

(C) To be eligible to participate in Ohio works first, an	71411
assistance group must meet all of the following requirements:	71412

(1) The assistance group, except as provided in division (E)	71413
of this section, must include at least one of the following:	71414

(a) A minor child who, except as provided in section 5107.24	71415
of the Revised Code, resides with a parent, or specified relative	71416
caring for the child, or, to the extent permitted by Title IV-A	71417
and federal regulations adopted until Title IV-A, resides with a	71418
guardian or custodian caring for the child;	71419

(b) A parent residing with and caring for the parent's minor	71420
child who receives supplemental security income under Title XVI of	71421
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	71422
as amended, or federal, state, or local adoption assistance;	71423

(c) A specified relative residing with and caring for a minor	71424
child who is related to the specified relative in a manner that	71425
makes the specified relative a specified relative and receives	71426
supplemental security income or federal, state, or local foster	71427
care or adoption assistance;	71428

(d) A woman at least six months pregnant.

71429

(2) The assistance group must meet the income requirements	71430
established by division (D) of this section.	71431

(3) No member of the assistance group may be involved in a	71432
strike.	71433

(4) The assistance group must satisfy the requirements for	71434
Ohio works first established by this chapter and ~~sections 5101.58,~~	71435
~~5101.59, and~~section 5101.83 of the Revised Code.	71436

(5) The assistance group must meet requirements for Ohio	71437
works first established by rules adopted under section 5107.05 of	71438
the Revised Code.	71439

(D)(1) Except as provided in division (D)(4) of this section,	71440
to determine whether an assistance group is initially eligible to	71441
participate in Ohio works first, a county department of job and	71442
family services shall do the following:	71443

(a) Determine whether the assistance group's gross income	71444
exceeds fifty per cent of the federal poverty guidelines. In	71445
making this determination, the county department shall disregard	71446
amounts that federal statutes or regulations and sections 5101.17	71447
and 5117.10 of the Revised Code require be disregarded. The	71448
assistance group is ineligible to participate in Ohio works first	71449
if the assistance group's gross income, less the amounts	71450
disregarded, exceeds fifty per cent of the federal poverty	71451
guidelines.	71452

(b) If the assistance group's gross income, less the amounts	71453
disregarded pursuant to division (D)(1)(a) of this section, does	71454
not exceed fifty per cent of the federal poverty guidelines,	71455
determine whether the assistance group's countable income is less	71456
than the payment standard. The assistance group is ineligible to	71457
participate in Ohio works first if the assistance group's	71458
countable income equals or exceeds the payment standard.	71459

(2) For the purpose of determining whether an assistance	71460
group meets the income requirement established by division	71461
(D)(1)(a) of this section, the annual revision that the United	71462
States department of health and human services makes to the	71463
federal poverty guidelines shall go into effect on the first day	71464
of July of the year for which the revision is made.	71465

(3) To determine whether an assistance group participating in	71466
Ohio works first continues to be eligible to participate, a county	71467
department of job and family services shall determine whether the	71468
assistance group's countable income continues to be less than the	71469
payment standard. In making this determination, the county	71470
department shall disregard the first two hundred fifty dollars and	71471
fifty per cent of the remainder of the assistance group's gross	71472
earned income. No amounts shall be disregarded from the assistance	71473
group's gross unearned income. The assistance group ceases to be	71474
eligible to participate in Ohio works first if its countable	71475
income, less the amounts disregarded, equals or exceeds the	71476
payment standard.	71477

(4) If an assistance group reapplies to participate in Ohio	71478
works first not more than four months after ceasing to	71479
participate, a county department of job and family services shall	71480
use the income requirement established by division (D)(3) of this	71481
section to determine eligibility for resumed participation rather	71482
than the income requirement established by division (D)(1) of this	71483
section.	71484

(E)(1) An assistance group may continue to participate in	71485
Ohio works first even though a public children services agency	71486
removes the assistance group's minor children from the assistance	71487
group's home due to abuse, neglect, or dependency if the agency	71488
does both of the following:	71489

(a) Notifies the county department of job and family services	71490
at the time the agency removes the children that it believes the	71491
children will be able to return to the assistance group within six	71492
months;	71493

(b) Informs the county department at the end of each of the	71494
first five months after the agency removes the children that the	71495
parent, guardian, custodian, or specified relative of the children	71496
is cooperating with the case plans prepared for the children under	71497
section 2151.412 of the Revised Code and that the agency is making	71498
reasonable efforts to return the children to the assistance group.	71499

(2) An assistance group may continue to participate in Ohio	71500
works first pursuant to division (E)(1) of this section for not	71501
more than six payment months. This division does not affect the	71502
eligibility of an assistance group that includes a woman at least	71503
six months pregnant.	71504

Sec. 5107.14. (A) An assistance group is ineligible to	71505
participate in Ohio works first unless the following enter into a	71506
written self-sufficiency contract with the county department of	71507
job and family services:	71508

(1) Each adult member of the assistance group;

71509

(2) The assistance group's minor head of household.

71510

(B) A self-sufficiency contract shall set forth the rights	71511
and responsibilities of the assistance group as applicants for and	71512
participants of Ohio works first. Each self-sufficiency contract	71513
shall include, based on appraisals conducted under section 5107.41	71514
of the Revised Code and assessments conducted under section	71515
5107.70 of the Revised Code, the following:	71516

(1) The assistance group's plan, developed under section	71517
5107.41 of the Revised Code, to achieve the goal of self	71518
sufficiency and personal responsibility through unsubsidized	71519
employment within the time limit for participating in Ohio works	71520
first established by section 5107.18 of the Revised Code;	71521

(2) Work activities, developmental activities, and	71522
alternative work activities to which members of the assistance	71523
group are assigned under sections 5107.40 to 5107.69 of the	71524
Revised Code;	71525

(3) The responsibility of a caretaker member of the	71526
assistance group to cooperate in establishing a minor child's	71527
paternity and establishing, modifying, and enforcing a support	71528
order for the child in accordance with section 5107.22 of the	71529
Revised Code;	71530

(4) Other responsibilities that members of the assistance	71531
group must satisfy to participate in Ohio works first and the	71532
consequences for failure or refusal to satisfy the	71533
responsibilities;	71534

(5) An agreement that, except as otherwise provided in a	71535
waiver issued under section 5107.714 of the Revised Code, the	71536
assistance group will comply with the conditions of participating	71537
in Ohio works first established by this chapter and ~~sections~~	71538
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	71539

(6) Assistance and services the county department will	71540
provide to the assistance group;	71541

(7) Assistance and services the child support enforcement	71542
agency and public children services agency will provide to the	71543
assistance group pursuant to a plan of cooperation entered into	71544
under section 307.983 of the Revised Code;	71545

(8) Other provisions designed to assist the assistance group	71546
in achieving self sufficiency and personal responsibility;	71547

(9) Procedures for assessing whether responsibilities are	71548
being satisfied and whether the contract should be amended;	71549

(10) Procedures for amending the contract.

71550

(C) No self-sufficiency contract shall include provisions	71551
regarding the LEAP program.	71552

(D) The county department shall provide without charge a copy	71553
of the self-sufficiency contract to each assistance group member	71554
who signs it.	71555

Sec. 5107.16. (A) If a member of an assistance group fails	71556
or refuses, without good cause, to comply in full with a provision	71557
of a self-sufficiency contract entered into under section 5107.14	71558
of the Revised Code, a county department of job and family	71559
services shall sanction the assistance group as follows:	71560

(1) For a first failure or refusal, the county department	71561
shall deny or terminate the assistance group's eligibility to	71562
participate in Ohio works first for one payment month or until the	71563
failure or refusal ceases, whichever is longer;	71564

(2) For a second failure or refusal, the county department	71565
shall deny or terminate the assistance group's eligibility to	71566
participate in Ohio works first for three payment months or until	71567
the failure or refusal ceases, whichever is longer;	71568

(3) For a third or subsequent failure or refusal, the county	71569
department shall deny or terminate the assistance group's	71570
eligibility to participate in Ohio works first for six payment	71571
months or until the failure or refusal ceases, whichever is	71572
longer.	71573

(B) The director of job and family services shall establish	71574
standards for the determination of good cause for failure or	71575
refusal to comply in full with a provision of a self-sufficiency	71576
contract in rules adopted under section 5107.05 of the Revised	71577
Code.	71578

(C) An assistance group member who fails or refuses, without	71579
good cause, to comply in full with a provision of a	71580
self-sufficiency contract must complete all compliance activities	71581
specified in rules adopted under section 5107.05 of the Revised	71582
Code in order for the failure or refusal to be considered to have	71583
ceased.	71584

(D) After sanctioning an assistance group under division (A)	71585
of this section, a county department of job and family services	71586
shall continue to work with the assistance group.	71587

(E) An adult eligible for medicaid ~~pursuant to division~~	71588
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	71589
under division (A)(3) of this section for a failure or refusal,	71590
without good cause, to comply in full with a provision of a	71591
self-sufficiency contract related to work responsibilities under	71592
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	71593
for medicaid unless the adult is otherwise eligible for medicaid	71594
pursuant to ~~another division of section 5111.01 of the Revised~~	71595
~~Code~~an eligibility category other than the category associated	71596
with Title IV-A.	71597

An assistance group that would be participating in Ohio works	71598
first if not for a sanction under this section shall continue to	71599
be eligible for all of the following:	71600

(1) Publicly funded child care in accordance with division	71601
(A)(3) of section 5104.30 of the Revised Code;	71602

(2) Support services in accordance with section 5107.66 of	71603
the Revised Code;	71604

(3) To the extent permitted by the "Fair Labor Standards Act	71605
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	71606
in work activities, developmental activities, and alternative work	71607
activities in accordance with sections 5107.40 to 5107.69 of the	71608
Revised Code.	71609

Sec. 5107.20. As used in this section, "support" means child	71610
support, spousal support, and support for a spouse or a former	71611
spouse.	71612

Participation in Ohio works first constitutes an assignment	71613
to the department of job and family services of any rights members	71614
of an assistance group have to support from any other person,	71615
~~excluding medical support assigned pursuant to section 5101.59 of~~	71616
~~the Revised Code~~. The rights to support assigned to the department	71617
pursuant to this section constitute an obligation of the person	71618
who is responsible for providing the support to the state for the	71619
amount of cash assistance provided to the assistance group.	71620

The office of child support in the department of job and	71621
family services shall collect and distribute support payments owed	71622
to Ohio works first participants, whether assigned to the	71623
department or unassigned, in accordance with 42 U.S.C. 654 B and	71624
657 and regulations adopted under those statutes, state statutes,	71625
and rules adopted under section 5107.05 of the Revised Code.	71626

Upon implementation of centralized collection and	71627
disbursement under Chapter 3121. of the Revised Code, in	71628
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	71629
under those statutes, the department shall deposit support	71630
payments it receives pursuant to this section into the state	71631
treasury to the credit of the child support collections fund or	71632
the child support administrative fund, both of which are hereby	71633
created. Money credited to the funds shall be used to make cash	71634
assistance payments under Ohio works first.	71635

Sec. 5107.24. (A) As used in this section:

71636

(1) "Adult-supervised living arrangement" means a family	71637
setting approved, licensed, or certified by the department of job	71638
and family services, the department of ~~mental health~~mental health	71639
and addiction services, the department of developmental	71640
disabilities, the department of youth services, a public children	71641
services agency, a private child placing agency, or a private	71642
noncustodial agency that is maintained by a person age eighteen or	71643
older who assumes responsibility for the care and control of a	71644
minor parent, pregnant minor, or child of a minor parent or	71645
provides the minor parent, pregnant minor, or child of a minor	71646
parent supportive services, including counseling, guidance, and	71647
supervision. "Adult-supervised living arrangement" does not mean a	71648
public institution.	71649

(2) "Child of a minor parent" means a child born to a minor	71650
parent, except that the child ceases to be considered a child of	71651
minor parent when the minor parent attains age eighteen.	71652

(3) "Minor parent" means a parent who is under age eighteen	71653
and is not married.	71654

(4) "Pregnant minor" means a pregnant person who is under age	71655
eighteen and not married.	71656

(B)(1) Except as provided in division (B)(2) of this section	71657
and to the extent permitted by Title IV-A and federal regulations	71658
adopted under Title IV-A, a pregnant minor, minor parent, or child	71659
of a minor parent must reside in a place of residence maintained	71660
by a parent, guardian, custodian, or specified relative of the	71661
pregnant minor or minor parent as the parent's, guardian's,	71662
custodian's, or specified relative's own home to be eligible to	71663
participate in Ohio works first.	71664

(2) To the extent permitted by Title IV-A and federal	71665
regulations adopted under it, a pregnant minor, minor parent, or	71666
child of a minor parent is exempt from the requirement of division	71667
(B)(1) of this section if any of the following apply:	71668

(a) The minor parent or pregnant minor does not have a	71669
parent, guardian, custodian, or specified relative living or whose	71670
whereabouts are known.	71671

(b) No parent, guardian, custodian, or specified relative of	71672
the minor parent or pregnant minor will allow the pregnant minor,	71673
minor parent, or minor parent's child to live in the parent's,	71674
guardian's, custodian's, or specified relative's home.	71675

(c) The department of job and family services, a county	71676
department of job and family services, or a public children	71677
services agency determines that the physical or emotional health	71678
or safety of the pregnant minor, minor parent, or minor parent's	71679
child would be in jeopardy if the pregnant minor, minor parent, or	71680
minor parent's child lived in the same home as the parent,	71681
guardian, custodian, or specified relative.	71682

(d) The department of job and family services, a county	71683
department of job and family services, or a public children	71684
services agency otherwise determines that it is in the best	71685
interest of the pregnant minor, minor parent, or minor parent's	71686
child to waive the requirement of division (B)(1) of this section.	71687

(C) A pregnant minor, minor parent, or child of a minor	71688
parent exempt from the requirement of division (B)(1) of this	71689
section must reside in an adult-supervised living arrangement to	71690
be eligible to participate in Ohio works first.	71691

(D) The department of job and family services, whenever	71692
possible and to the extent permitted by Title IV-A and federal	71693
regulations adopted under it, shall provide cash assistance under	71694
Ohio works first to the parent, guardian, custodian, or specified	71695
relative of a pregnant minor or minor parent on behalf of the	71696
pregnant minor, minor parent, or minor parent's child.	71697

Sec. 5107.26. (A) As used in this section:

71698

~~(1) "Transitional~~, "transitional child care" means publicly	71699
funded child care provided under division (A)(3) of section	71700
5104.34 of the Revised Code.	71701

~~(2) "Transitional medicaid" means the medical assistance~~	71702
~~provided under section 5111.0115 of the Revised Code.~~	71703

(B) Except as provided in division (C) of this section~~, each~~:

71704

(1) Each member of an assistance group participating in Ohio	71705
works first is ineligible to participate in the program for six	71706
payment months if a county department of job and family services	71707
determines that a member of the assistance group terminated the	71708
member's employment ~~and each~~.	71709

(2) Each person who, on the day prior to the day a recipient	71710
begins to receive transitional child care ~~or transitional~~	71711
~~medicaid~~, was a member of the recipient's assistance group is	71712
ineligible to participate in Ohio works first for six payment	71713
months if a county department determines that the recipient	71714
terminated the recipient's employment.	71715

(C) No assistance group member shall lose or be denied	71716
eligibility to participate in Ohio works first pursuant to	71717
division (B) of this section if the termination of employment was	71718
because an assistance group member or recipient of transitional	71719
child care ~~or transitional medicaid~~ secured comparable or better	71720
employment or the county department of job and family services	71721
certifies that the member or recipient terminated the employment	71722
with just cause.	71723

Just cause includes the following:

71724

(1) Discrimination by an employer based on age, race, sex,	71725
color, handicap, religious beliefs, or national origin;	71726

(2) Work demands or conditions that render continued	71727
employment unreasonable, such as working without being paid on	71728
schedule;	71729

(3) Employment that has become unsuitable due to any of the	71730
following:	71731

(a) The wage is less than the federal minimum wage;

71732

(b) The work is at a site subject to a strike or lockout,	71733
unless the strike has been enjoined under section 208 of the	71734
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	71735
178, as amended, an injunction has been issued under section 10 of	71736
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	71737
amended, or an injunction has been issued under section 4117.16 of	71738
the Revised Code;	71739

(c) The documented degree of risk to the member or	71740
recipient's health and safety is unreasonable;	71741

(d) The member or recipient is physically or mentally unfit	71742
to perform the employment, as documented by medical evidence or by	71743
reliable information from other sources.	71744

(4) Documented illness of the member or recipient or of	71745
another assistance group member of the member or recipient	71746
requiring the presence of the member or recipient;	71747

(5) A documented household emergency;

71748

(6) Lack of adequate child care for children of the member or	71749
recipient who are under six years of age.	71750

Sec. 5107.42. (A) Except as provided in divisions (B) and	71751
(C) of this section, county departments of job and family services	71752
shall assign each minor head of household and adult participating	71753
in Ohio works first, other than a minor head of household	71754
participating in the LEAP program, to one or more work activities	71755
and developmental activities.	71756

If a county department assigns a minor head of household or	71757
adult to the work activity established under division (H) of	71758
section 5107.60 of the Revised Code, the county department shall	71759
make reasonable efforts to assign the minor head of household or	71760
adult to at least one other work activity at the same time. If a	71761
county department assigns a minor head of household or adult to	71762
the work activity established under section 5107.58 of the Revised	71763
Code, the county department shall assign the minor head of	71764
household or adult to at least one other work activity at the same	71765
time.	71766

A county department may not assign a minor head of household	71767
or adult to a work activity established under division (D) of	71768
section 5107.60 of the Revised Code for more than twelve months.	71769

(B) If a county department determines that a minor head of	71770
household or adult has a temporary or permanent barrier to	71771
participation in a work activity, it may assign the minor head of	71772
household or adult to one or more alternative work activities	71773
instead of assigning the minor head of household or adult to one	71774
or more work activities or developmental activities. A county	71775
department may not assign more than twenty per cent of minor heads	71776
of household and adults participating in Ohio works first to an	71777
alternative work activity.	71778

County departments shall establish standards for determining	71779
whether a minor head of household or adult has a temporary or	71780
permanent barrier to participating in a work activity. The	71781
following are examples of circumstances that a county department	71782
may consider when it develops its standards:	71783

(1) A minor head of household or adult provides the county	71784
department documented evidence that one or more members of the	71785
assistance group have been the victim of domestic violence and are	71786
in imminent danger of suffering continued domestic violence;	71787

(2) A minor head of household or adult is actively	71788
participating in ~~an alcohol or drug~~a community addiction ~~program~~	71789
services provider certified by the department of ~~alcohol and drug~~	71790
~~addiction services~~mental health and addiction services under	71791
section ~~3793.06~~5119.36 of the Revised Code;	71792

(3) An assistance group is homeless.

71793

(C) A county department may exempt a minor head of household	71794
or adult who is unmarried and caring for a minor child under	71795
twelve months of age from the work requirements of sections	71796
5107.40 to 5107.69 of the Revised Code for not more than twelve	71797
months. While exempt, the minor head of household or adult shall	71798
be disregarded in determining whether the county department is	71799
meeting the requirement of section 5107.44 of the Revised Code.	71800
The county department shall assign the exempt minor head of	71801
household or adult to at least one developmental activity for a	71802
number of hours a week the county department determines. The	71803
county department may assign the exempt minor head of household or	71804
adult to one or more work activities, in addition to developmental	71805
activities, for a number of hours the county department	71806
determines. Division (B) of section 5107.43 of the Revised Code	71807
does not apply to the exempt minor head of household or adult.	71808

(D) A county department may reassign a minor head of	71809
household or adult when the county department determines	71810
reassignment will aid the assistance group in achieving self	71811
sufficiency and personal responsibility and shall make	71812
reassignments when circumstances requiring reassignment occur,	71813
including when a temporary barrier to participating in a work	71814
activity is eliminated.	71815

A county department shall include assignments in the	71816
self-sufficiency contract entered into under section 5107.14 of	71817
the Revised Code and shall amend the contract when a reassignment	71818
is made to include the reassignment in the contract.	71819

Sec. 5107.64. County departments of job and family services	71820
shall establish and administer alternative work activities for	71821
minor heads of households and adults participating in Ohio works	71822
first. In establishing alternative work activities, county	71823
departments are not limited by the restrictions Title IV-A imposes	71824
on work activities. The following are examples of alternative work	71825
activities that a county department may establish:	71826

(A) Parenting classes and life-skills training;

71827

(B) Participation in ~~an alcohol or drug~~a community addiction	71828
~~program~~services provider certified by the department of ~~alcohol~~	71829
~~and drug addiction services~~mental health and addiction services	71830
under section ~~3793.06~~5119.36 of the Revised Code;	71831

(C) In the case of a homeless assistance group, finding a	71832
home;	71833

(D) In the case of a minor head of household or adult with a	71834
disability, active work in an individual written rehabilitation	71835
plan with the rehabilitation services commission;	71836

(E) In the case of a minor head of household or adult who has	71837
been the victim of domestic violence, residing in a domestic	71838
violence shelter, receiving counseling or treatment related to the	71839
domestic violence, or participating in criminal justice activities	71840
against the domestic violence offender;	71841

(F) An education program under which a participant who does	71842
not speak English attends English as a second language course.	71843

Sec. 5115.20. (A) The department of job and family services	71844
shall establish a disability advocacy program and each county	71845
department of job and family services shall establish a disability	71846
advocacy program unit or join with other county departments of job	71847
and family services to establish a joint county disability	71848
advocacy program unit. Through the program the department and	71849
county departments shall cooperate in efforts to assist applicants	71850
for and recipients of assistance under the disability financial	71851
assistance program, who might be eligible for supplemental	71852
security income benefits under Title XVI of the "Social Security	71853
Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, in	71854
applying for those benefits.	71855

As part of their disability advocacy programs, the state	71856
department and county departments may enter into contracts for the	71857
services of persons and government entities that in the judgment	71858
of the department or county department have demonstrated expertise	71859
in representing persons seeking supplemental security income	71860
benefits. Each contract shall require the person or entity with	71861
which a department contracts to assess each person referred to it	71862
by the department to determine whether the person appears to be	71863
eligible for supplemental security income benefits, and, if the	71864
person appears to be eligible, assist the person in applying and	71865
represent the person in any proceeding of the social security	71866
administration, including any appeal or reconsideration of a	71867
denial of benefits. The department or county department shall	71868
provide to the person or entity with which it contracts all	71869
records in its possession relevant to the application for	71870
supplemental security income benefits. The department shall	71871
require a county department with relevant records to submit them	71872
to the person or entity.	71873

(B) Each applicant for or recipient of disability financial	71874
assistance who, in the judgment of the department of job and	71875
family services or a county department of job and family services	71876
might be eligible for supplemental security benefits, shall, as a	71877
condition of eligibility for assistance, apply for such benefits	71878
if directed to do so by the department or county department.	71879

(C) With regard to applicants for and recipients of	71880
disability financial assistance, each county department of job and	71881
family services shall do all of the following:	71882

(1) Identify applicants and recipients who might be eligible	71883
for supplemental security income benefits;	71884

(2) Assist applicants and recipients in securing	71885
documentation of disabling conditions or refer them for such	71886
assistance to a person or government entity with which the	71887
department of job and family services or county department has	71888
contracted under division (A) of this section;	71889

(3) Inform applicants and recipients of available sources of	71890
representation, which may include a person or government entity	71891
with which the department or county department has contracted	71892
under division (A) of this section, and of their right to	71893
represent themselves in reconsiderations and appeals of social	71894
security administration decisions that deny them supplemental	71895
security income benefits. The county department may require the	71896
applicants and recipients, as a condition of eligibility for	71897
assistance, to pursue reconsiderations and appeals of social	71898
security administration decisions that deny them supplemental	71899
security income benefits, and shall assist applicants and	71900
recipients as necessary to obtain such benefits or refer them to a	71901
person or government entity with which the department or county	71902
department has contracted under division (A) of this section.	71903

(4) Require applicants and recipients who, in the judgment of	71904
the county department, are or may be aged, blind, or disabled, to	71905
apply for ~~medical assistance under Chapter 5111. of the Revised~~	71906
~~Code~~the medicaid program, make determinations when appropriate as	71907
to eligibility for ~~medical assistance~~medicaid, and refer their	71908
applications when necessary to the disability determination unit	71909
established in accordance with division (F) of this section for	71910
expedited review;	71911

(5) Require each applicant and recipient who in the judgment	71912
of the department or the county department might be eligible for	71913
supplemental security income benefits, as a condition of	71914
eligibility for disability financial assistance, to execute a	71915
written authorization for the secretary of health and human	71916
services to withhold benefits due that individual and pay to the	71917
director of job and family services or the director's designee an	71918
amount sufficient to reimburse the state and county shares of	71919
interim assistance furnished to the individual. For the purposes	71920
of division (C)(5) of this section, "benefits" and "interim	71921
assistance" have the meanings given in Title XVI of the "Social	71922
Security Act."	71923

(D) The director of job and family services shall adopt rules	71924
in accordance with section 111.15 of the Revised Code for the	71925
effective administration of the disability advocacy program. The	71926
rules shall include all of the following:	71927

(1) Methods to be used in collecting information from and	71928
disseminating it to county departments, including the following:	71929

(a) The number of individuals in the county who are disabled	71930
recipients of disability financial assistance;	71931

(b) The final decision made either by the social security	71932
administration or by a court for each application or	71933
reconsideration in which an individual was assisted pursuant to	71934
this section.	71935

(2) The type and process of training to be provided by the	71936
department of job and family services to the employees of the	71937
county department of job and family services who perform duties	71938
under this section;	71939

(3) Requirements for the written authorization required by	71940
division (C)(5) of this section.	71941

(E) The department of job and family services shall provide	71942
basic and continuing training to employees of the county	71943
department of job and family services who perform duties under	71944
this section. Training shall include but not be limited to all	71945
processes necessary to obtain federal disability benefits, and	71946
methods of advocacy.	71947

(F) The department of medicaid shall establish a disability	71948
determination unit and develop guidelines for expediting reviews	71949
of applications for ~~medical assistance under Chapter 5111. of the~~	71950
~~Revised Code~~the medicaid program for persons who have been	71951
referred to the unit under division (C)(4) of this section. The	71952
department of medicaid shall make determinations of eligibility	71953
for ~~medical assistance~~medicaid for any such person within the	71954
time prescribed by federal regulations.	71955

(G) The department of job and family services may, under	71956
rules the director of job and family services adopts in accordance	71957
with section 111.15 of the Revised Code, pay a portion of the	71958
federal reimbursement described in division (C)(5) of this section	71959
to persons or government entities that assist or represent	71960
assistance recipients in reconsiderations and appeals of social	71961
security administration decisions denying them supplemental	71962
security income benefits.	71963

(H) The director of job and family services shall conduct	71964
investigations to determine whether disability advocacy programs	71965
are being administered in compliance with the Revised Code and the	71966
rules adopted by the director pursuant to this section.	71967

Sec. 5117.10. (A) On or before the fifteenth day of January,	71968
the director of development shall pay each applicant determined	71969
eligible for a payment under divisions (A) and (B) of section	71970
5117.07 of the Revised Code one hundred twenty-five dollars.	71971

(B) The director may withhold from any payment to which a	71972
person would otherwise be entitled under division (A) of this	71973
section any amount that the director determines was erroneously	71974
received by such person in a preceding year under this or the	71975
program established under Am. Sub. H.B. 230, as amended by Am.	71976
H.B. 937, Am. Sub. H.B. 1073, Am. Sub. S.B. 493, and Am. Sub. S.B.	71977
523 of the 112th general assembly, provided the director has	71978
employed all other legal methods reasonably available to obtain	71979
reimbursement for the erroneous payment or credit prior to the	71980
commencement of the current program year.	71981

(C) Payments made under this section and credits granted	71982
under section 5117.09 of the Revised Code shall not be considered	71983
income for the purpose of determining eligibility or the level of	71984
benefits or assistance under section 329.042 or Chapters 5107.,	71985
~~5111.,~~ and 5115. of the Revised Code; the medicaid program;	71986
supplemental security income payments under Title XVI of the	71987
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	71988
amended; or any other program under which eligibility or the level	71989
of benefits or assistance is based upon need measured by income.	71990

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

71991

(1) "Addiction" means the chronic and habitual use of	71992
alcoholic beverages, the use of a drug of abuse as defined in	71993
section 3719.011 of the Revised Code, or the use of gambling by an	71994
individual to the extent that the individual no longer can control	71995
the individual's use of alcohol, the individual becomes physically	71996
or psychologically dependent on the drug, the individual's use of	71997
alcohol or drugs endangers the health, safety, or welfare of the	71998
individual or others, or the individual's gambling causes	71999
psychological, financial, emotional, marital, legal, or other	72000
difficulties endangering the health, safety, or welfare of the	72001
individual or others.	72002

(2) "Addiction services" means services, including	72003
intervention, for the treatment of persons with alcohol, drug, or	72004
gambling addictions, and for the prevention of such addictions.	72005

(3) "Alcohol and drug addiction services" means services,	72006
including intervention, for the treatment of alcoholics or persons	72007
who abuse drugs of abuse and for the prevention of alcoholism and	72008
drug addiction.	72009

(4) "Alcoholic" means a person suffering from alcoholism.

72010

(5) "Alcoholism" means the chronic and habitual use of	72011
alcoholic beverages by an individual to the extent that the	72012
individual no longer can control the individual's use of alcohol	72013
or endangers the health, safety, or welfare of the individual or	72014
others.	72015

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

72016

~~(3)~~(6) "Community addiction services provider" means an	72017
agency, association, corporation, individual, or program that	72018
provides community alcohol, drug addiction, or gambling addiction	72019
services that are certified by the department of mental health and	72020
addiction services under section 5119.36 of the Revised Code.	72021

(7) "Community mental health services provider" means an	72022
agency, association, corporation, individual, or program that	72023
provides community mental health services that are certified by	72024
the department of mental health and addiction services under	72025
section 5119.36 of the Revised Code.	72026

(8) "Drug addiction" means the use of a drug of abuse, as	72027
defined in section 3719.011 of the Revised Code, by an individual	72028
to the extent that the individual becomes physically or	72029
psychologically dependent on the drug or endangers the health,	72030
safety, or welfare of the individual or others.	72031

~~(4) "Alcohol and drug addiction services" means services,~~	72032
~~including intervention, for the treatment of alcoholics or persons~~	72033
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	72034
~~drug addiction.~~	72035

~~(5) "Alcohol and drug addiction program" means a program that~~	72036
~~provides alcohol or drug addiction services and includes a~~	72037
~~facility or entity that operates such a program.~~	72038

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	72039
individual to the extent that it causes psychological, financial,	72040
emotional, marital, legal, or other difficulties endangering the	72041
health, safety, or welfare of the individual or others.	72042

~~(7)~~(10) "Gambling addiction services" means services for the	72043
treatment of persons who have a gambling addiction and for the	72044
prevention of gambling addiction.	72045

(11) "Hospital" means a hospital or inpatient unit licensed	72046
by the department of mental health and addiction services under	72047
section 5119.33 of the Revised Code, and any institution,	72048
hospital, or other place established, controlled, or supervised by	72049
the department under Chapter 5119. of the Revised Code.	72050

(12) "Mental illness" means a substantial disorder of	72051
thought, mood, perception, orientation, or memory that grossly	72052
impairs judgment, behavior, capacity to recognize reality, or	72053
ability to meet the ordinary demands of life.	72054

(13) "Mental health services" means services for the	72055
assessment, care, or treatment of persons who have a mental	72056
illness as defined in this section.	72057

(14)(a) "Residence" means a person's physical presence in a	72058
county with intent to remain there, except in either of the	72059
following circumstances:	72060

(i) If a person is receiving a mental health service at a	72061
facility that includes nighttime sleeping accommodations,	72062
"residence" means that county in which the person maintained the	72063
person's primary place of residence at the time the person entered	72064
the facility;	72065

(ii) If a person is committed pursuant to section 2945.38,	72066
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	72067
"residence" means the county where the criminal charges were	72068
filed.	72069

(b) When the residence of a person is disputed, the matter of	72070
residence shall be referred to the department of mental health and	72071
addiction services for investigation and determination. Residence	72072
shall not be a basis for a board of alcohol, drug addiction, and	72073
mental health services to deny services to any person present in	72074
the board's service district, and the board shall provide services	72075
for a person whose residence is in dispute while residence is	72076
being determined and for a person in an emergency situation.	72077

(B) Any reference in this chapter to a board of alcohol, drug	72078
addiction, and mental health services also refers to an alcohol	72079
and drug addiction services board or a community mental health	72080
board in a service district in which an alcohol and drug addiction	72081
services board or a community mental health board has been	72082
established under section 340.021 or former section 340.02 of the	72083
Revised Code.	72084

Sec. 5119.04. The department of ~~mental health~~mental health	72085
and addiction services and any institutions under its supervision	72086
or jurisdiction shall, where applicable, be in substantial	72087
compliance with standards set forth for psychiatric facilities by	72088
the joint commission ~~on accreditation of healthcare organizations~~	72089
or medical assistance standards under Title XIX of the "Social	72090
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	72091
other applicable standards~~, except that the department and any~~	72092
~~institution under its supervision or jurisdiction shall be in~~	72093
~~substantial compliance with standards for physical facilities and~~	72094
~~equipment by July 1, 1989. The requirements of this section do not~~	72095
~~apply to any facility designated by the director of mental health~~	72096
~~for use as a psychiatric rehabilitation center~~.	72097

The requirements of this section are in addition to any other	72098
requirements established by the Revised Code and nothing in this	72099
section shall be construed to limit any rights, privileges,	72100
protections, or immunities which may exist under the constitution	72101
and laws of the United States or this state.	72102

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	72103
of ~~mental health~~mental health and addiction services, each	72104
institution under the jurisdiction of the department shall be	72105
under the management and control of a managing officer to be known	72106
as a ~~superintendent~~chief executive officer or by another	72107
appropriate title. Such managing officer shall be appointed by the	72108
director of ~~mental health~~mental health and addiction services,	72109
and shall be in the unclassified service and serve at the pleasure	72110
of the director. Each managing officer shall be of good moral	72111
character and have skill, ability, and experience in ~~his~~the	72112
managing officer's profession. ~~Appointment to this position may be~~	72113
~~made from persons holding positions in the classified service in~~	72114
~~the department.~~	72115

The managing officer, under the director, shall ~~have entire~~	72116
~~executive charge~~serve as the appointing authority of the	72117
institution ~~for~~to which such managing officer is appointed.	72118
Subject to civil service rules, the managing officer shall have	72119
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	72120
~~the director may remove such employees for cause~~of the	72121
institution. On behalf of the institution, the managing officer	72122
has the authority and responsibility for entering into contracts	72123
and other agreements for the efficient operations of the	72124
institution.	72125

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	72126
mental health and addiction services shall keep in its office a	72127
proper and complete set of books and accounts with each	72128
institution, which shall clearly show the nature and amount of	72129
every expenditure authorized and made at such institution, and	72130
which shall contain an account of all appropriations made by the	72131
general assembly and of all other funds, together with the	72132
disposition of such funds.	72133

The department shall prescribe the form of vouchers, records,	72134
and methods of keeping accounts at each of the institutions, which	72135
shall be as nearly uniform as possible. The department may examine	72136
the records of each institution at any time.	72137

The department may authorize any of its ~~bookeepers~~	72138
bookkeepers, accountants, or employees to examine and check the	72139
records, accounts, and vouchers or take an inventory of the	72140
property of any institution, or do whatever is necessary, and pay	72141
the actual and reasonable expenses incurred in such service when	72142
an itemized account is filed and approved.	72143

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	72144
health and addiction services shall keep in its office, accessible	72145
only to its employees, except by the consent of the department or	72146
the order of the judge of a court of record, a record showing the	72147
name, residence, sex, age, nativity, occupation, condition, and	72148
date of entrance or commitment of every patient in the	72149
institutions governed by it, the date, cause, and terms of	72150
discharge and the condition of such person at the time of leaving,	72151
and also a record of all transfers from one institution to	72152
another, and, if such person dies while in the care or custody of	72153
the department, the date and cause of death. These and such other	72154
facts as the department requires shall be furnished by the	72155
managing officer of each institution within twenty-four hours	72156
after the commitment, entrance, death, or discharge of a patient.	72157

In case of an accident or injury or peculiar death of a	72158
patient the managing officer shall make a special report to the	72159
department within twenty-four hours thereafter, giving the	72160
circumstances as fully as possible.	72161

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	72162
file a petition in the court of common pleas of the county in	72163
which a benevolent institution of the department of mental health	72164
and addiction services is located, in which petition the desire to	72165
erect or carry on at a less distance than that prescribed in	72166
section 3767.19 of the Revised Code shall be set forth, the	72167
business prohibited, the precise point of its establishment, and	72168
the reasons and circumstances, in its opinion, why the erection or	72169
carrying on ~~thereof~~of the business would not annoy or endanger	72170
the health, convenience, or recovery of the patients of such	72171
institution. The petitioner shall give notice in a newspaper of	72172
general circulation in the county of the pendency and prayer of	72173
the petition for at least six consecutive weeks before the day set	72174
for hearing the petition and serve a written notice upon the	72175
~~superintendent~~managing officer of the institution at least thirty	72176
days before the day set for hearing the petition.	72177

If, upon the hearing of the petition, it appears that the	72178
notice has been given as required and the court is of the opinion	72179
that no good reason exists why such establishment may not be	72180
erected or such business carried on and that by the erection or	72181
carrying on ~~thereof~~of the business at the point named, the	72182
institution will sustain no detriment, the court may issue an	72183
order granting the prayer of the petitioner. Thereafter the	72184
petitioner may locate such establishment or carry on such business	72185
at the point named in the petition.	72186

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	72187
has the same meaning as in section 109.511 of the Revised Code.	72188

(B)(1) Subject to division (C) of this section, upon the	72189
recommendation of the director of ~~mental health~~mental health and	72190
addiction services, the managing officer of an institution under	72191
the jurisdiction of the department of ~~mental health~~mental health	72192
and addiction services may designate one or more employees to be	72193
special police officers of the department. The special police	72194
officers shall take an oath of office, wear the badge of office,	72195
and give bond for the proper and faithful discharge of their	72196
duties in an amount that the director requires.	72197

(2) In accordance with section 109.77 of the Revised Code,	72198
the special police officers shall be required to complete	72199
successfully a peace officer basic training program approved by	72200
the Ohio peace officer training commission and to be certified by	72201
the commission. The cost of the training shall be paid by the	72202
department of ~~mental health~~mental health and addiction services.	72203

(3) Special police officers, on the premises of institutions	72204
under the jurisdiction of the department of ~~mental health~~mental	72205
health and addiction services and subject to the rules of the	72206
department, shall protect the property of the institutions and the	72207
persons and property of patients in the institutions, suppress	72208
riots, disturbances, and breaches of the peace, and enforce the	72209
laws of the state and the rules of the department for the	72210
preservation of good order. They may arrest any person without a	72211
warrant and detain the person until a warrant can be obtained	72212
under the circumstances described in division (F) of section	72213
2935.03 of the Revised Code.	72214

(C)(1) The managing officer of an institution under the	72215
jurisdiction of the department of ~~mental health~~mental health and	72216
addiction services shall not designate an employee as a special	72217
police officer of the department pursuant to division (B)(1) of	72218
this section on a permanent basis, on a temporary basis, for a	72219
probationary term, or on other than a permanent basis if the	72220
employee previously has been convicted of or has pleaded guilty to	72221
a felony.	72222

(2)(a) The managing officer of an institution under the	72223
jurisdiction of the department of ~~mental health~~mental health and	72224
addiction services shall terminate the employment as a special	72225
police officer of the department of an employee designated as a	72226
special police officer under division (B)(1) of this section if	72227
that employee does either of the following:	72228

(i) Pleads guilty to a felony;

72229

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	72230
plea agreement as provided in division (D) of section 2929.43 of	72231
the Revised Code in which the employee agrees to surrender the	72232
certificate awarded to that employee under section 109.77 of the	72233
Revised Code.	72234

(b) The managing officer shall suspend from employment as a	72235
special police officer of the department an employee designated as	72236
a special police officer under division (B)(1) of this section if	72237
that employee is convicted, after trial, of a felony. If the	72238
special police officer files an appeal from that conviction and	72239
the conviction is upheld by the highest court to which the appeal	72240
is taken or if the special police officer does not file a timely	72241
appeal, the managing officer shall terminate the employment of	72242
that special police officer. If the special police officer files	72243
an appeal that results in that special police officer's acquittal	72244
of the felony or conviction of a misdemeanor, or in the dismissal	72245
of the felony charge against that special police officer, the	72246
managing officer shall reinstate that special police officer. A	72247
special police officer of the department who is reinstated under	72248
division (C)(2)(b) of this section shall not receive any back pay	72249
unless that special police officer's conviction of the felony was	72250
reversed on appeal, or the felony charge was dismissed, because	72251
the court found insufficient evidence to convict the special	72252
police officer of the felony.	72253

(3) Division (C) of this section does not apply regarding an	72254
offense that was committed prior to January 1, 1997.	72255

(4) The suspension from employment, or the termination of the	72256
employment, of a special police officer under division (C)(2) of	72257
this section shall be in accordance with ~~Chapter 119. of the~~	72258
~~Revised Code~~applicable collective bargaining agreements.	72259

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	72260
all ~~suits~~claims instituted on behalf of or against the department	72261
of mental health and addiction services or any institution under	72262
the jurisdiction of the department ~~of mental health~~ and the	72263
managing officer thereof, except such institutions as are	72264
privately owned or operated under a license from the department of	72265
~~mental health~~mental health and addiction services, and shall	72266
represent the public hospital in proceedings under section 5122.15	72267
of the Revised Code. The department of ~~mental health~~mental health	72268
and addiction services shall reimburse the attorney general for	72269
the compensation of assistant attorneys general required to	72270
represent the public hospital in proceedings under section 5122.15	72271
of the Revised code and shall also pay the costs of litigation	72272
incurred by the attorney general under that section.	72273

If a writ of habeas corpus is applied for, the clerk of the	72274
court shall give notice of the time and place of hearing to the	72275
attorney general.	72276

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	72277
mental health and addiction services is the chief executive and	72278
~~administrative officer~~appointing authority of the department of	72279
~~mental health~~mental health and addiction services. The director	72280
may organize the department for its efficient operation, including	72281
creating divisions or offices as necessary. The director may	72282
establish procedures for the governance of the department, conduct	72283
of its employees and officers, performance of its business, and	72284
custody, use, and preservation of departmental records, papers,	72285
books, documents, and property. Whenever the Revised Code imposes	72286
a duty upon or requires an action of the department or any of its	72287
institutions, the director or the director's designee shall	72288
perform the action or duty in the name of the department, except	72289
that the medical director appointed pursuant to section ~~5119.07~~	72290
5119.11 of the Revised Code shall be responsible for decisions	72291
relating to medical diagnosis, treatment, rehabilitation, quality	72292
assurance, and the clinical aspects of the following: licensure of	72293
hospitals and residential facilities, research, community	72294
addiction and mental health services plans, and certification and	72295
delivery of mental health and addiction services.	72296

(B) The director shall:

72297

~~(A)~~(1) Adopt rules for the proper execution of the powers and	72298
duties of the department with respect to the institutions under	72299
its control, and require the performance of additional duties by	72300
the officers of the institutions as necessary to fully meet the	72301
requirements, intents, and purposes of this chapter. In case of an	72302
apparent conflict between the powers conferred upon any managing	72303
officer and those conferred by such sections upon the department,	72304
the presumption shall be conclusive in favor of the department.	72305

~~(B)~~(2) Adopt rules for the nonpartisan management of the	72306
institutions under the department's control. An officer or	72307
employee of the department or any officer or employee of any	72308
institution under its control who, by solicitation or otherwise,	72309
exerts influence directly or indirectly to induce any other	72310
officer or employee of the department or any of its institutions	72311
to adopt the exerting officer's or employee's political views or	72312
to favor any particular person, issue, or candidate for office	72313
shall be removed from the exerting officer's or employee's office	72314
or position, by the department in case of an officer or employee,	72315
and by the governor in case of the director.	72316

~~(C)~~(3) Appoint such employees, including the medical	72317
director, as are necessary for the efficient conduct of the	72318
department, and prescribe their titles and duties;	72319

~~(D)~~(4) Prescribe the forms of affidavits, applications,	72320
medical certificates, orders of hospitalization and release, and	72321
all other forms, reports, and records that are required in the	72322
hospitalization or admission and release of all persons to the	72323
institutions under the control of the department, or are otherwise	72324
required under this chapter or Chapter 5122. of the Revised Code;	72325

~~(E) Contract with hospitals licensed by the department under~~	72326
~~section 5119.20 of the Revised Code for the care and treatment of~~	72327
~~mentally ill patients, or with persons, organizations, or agencies~~	72328
~~for the custody, evaluation, supervision, care, or treatment of~~	72329
~~mentally ill persons receiving services elsewhere than within the~~	72330
~~enclosure of a hospital operated under section 5119.02 of the~~	72331
~~Revised Code;~~	72332

~~(F)~~(5) Exercise the powers and perform the duties relating to	72333
community addiction and mental health facilities and services that	72334
are assigned to the director under this chapter and Chapter 340.	72335
of the Revised Code;	72336

~~(G)~~(6) Develop and implement clinical evaluation and	72337
monitoring of services that are operated by the department;	72338

~~(H)~~(7) Adopt rules establishing standards for the performance	72339
of evaluations by a forensic center or other psychiatric program	72340
or facility of the mental condition of defendants ordered by the	72341
court under section 2919.271, or 2945.371 of the Revised Code, and	72342
for the treatment of defendants who have been found incompetent to	72343
stand trial and ordered by the court under section 2945.38,	72344
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	72345
treatment in facilities;	72346

~~(I)~~(8) On behalf of the department, have the authority and	72347
responsibility for entering into contracts and other agreements;	72348
with providers, agencies, institutions, and other entities, both	72349
public and private, as necessary for the department to carry out	72350
its duties under this chapter and Chapters 340., 2919., 2945., and	72351
5122. of the Revised Code. Chapter 125. of the Revised Code does	72352
not apply to contracts the director enters into under this section	72353
for services provided to individuals with mental illness by	72354
providers, agencies, institutions, and other entities not owned or	72355
operated by the department.	72356

~~(J) Prepare and publish regularly a state mental health plan~~	72357
~~that describes the department's philosophy, current activities,~~	72358
~~and long-term and short-term goals and activities;~~	72359

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	72360
Revised Code specifying the supplemental services that may be	72361
provided through a trust authorized by section 5815.28 of the	72362
Revised Code;	72363

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	72364
Revised Code establishing standards for the maintenance and	72365
distribution to a beneficiary of assets of a trust authorized by	72366
section 5815.28 of the Revised Code.	72367

(C) The director may contract with hospitals licensed by the	72368
department under section 5119.33 of the Revised Code for the care	72369
and treatment of mentally ill patients, or with persons,	72370
organizations, or agencies for the custody, evaluation,	72371
supervision, care, or treatment of mentally ill persons receiving	72372
services elsewhere than within the enclosure of a hospital	72373
operated under section 5119.14 of the Revised Code.	72374

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	72375
mental health and addiction services shall appoint a medical	72376
director who ~~is a psychiatrist as defined in division (E) of~~	72377
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	72378
the American board of psychiatry and neurology or the American	72379
osteopathic board of neurology and psychiatry, and has at least	72380
five years of clinical and two years of administrative experience.	72381
The medical director shall also have certification or substantial	72382
training and experience in the field of addiction medicine or	72383
addiction psychiatry. The medical director shall be responsible	72384
for decisions relating to medical diagnosis, treatment,	72385
prevention, rehabilitation, quality assurance, and the clinical	72386
aspects of mental health and addiction services involving all of	72387
the following: ~~licensure~~	72388

(1) Licensure of hospitals ~~and~~, residential facilities,	72389
~~research, community mental health~~and outpatient facilities;	72390

(2) Research;

72391

(3) Community addiction and mental health services plans,;

72392

(4) Certification and delivery of mental health and addiction	72393
services. ~~The~~	72394

(B) The medical director shall also exercise clinical	72395
supervision of the chief clinical officers of hospitals and	72396
institutions under the jurisdiction of the department and shall	72397
review and approve decisions relating to the employment of the	72398
chief clinical officers. The medical director or ~~his~~the medical	72399
director's designee shall advise the director on matters relating	72400
to licensure, research, ~~community mental health plans,~~ and the	72401
certification and delivery of mental health and addiction services	72402
and community plans. The medical director shall participate in the	72403
development of guidelines for community addiction and mental	72404
health services plans. The director of ~~mental health~~mental	72405
health and addiction services may establish other duties of the	72406
medical director. ~~The medical director shall participate in the~~	72407
~~development of guidelines for community mental health plans.~~	72408

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	72409
mental health and addiction services shall maintain, operate,	72410
manage, and govern state institutions and other services for the	72411
care and treatment of mentally ill persons.	72412

(B)(1) The department of ~~mental health~~mental health and	72413
addiction services may, with the approval of the governor,	72414
designate ~~all~~the name and purpose of any institutions under its	72415
jurisdiction ~~by appropriate respective names, regardless of~~	72416
~~present statutory designation~~and may change, with the approval of	72417
the governor, the designation and name when necessary.	72418

~~(C)~~(2) The department shall divide the state into districts	72419
for the purpose of designating the institution in which mentally	72420
ill persons are hospitalized and may change the districts.	72421

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	72422
of the Revised Code and on the agreement of the departments of	72423
~~mental health~~mental health and addiction services and youth	72424
services, the department of ~~mental health~~mental health and	72425
addiction services may receive from the department of youth	72426
services for psychiatric observation, diagnosis, or treatment any	72427
person eighteen years of age or older in the custody of the	72428
department of youth services. The departments ~~shall~~may enter into	72429
a written agreement specifying the procedures necessary to	72430
implement this division.	72431

~~(D)~~(C) The department of ~~mental health~~mental health and	72432
addiction services shall designate hospitals, facilities, and	72433
community mental health ~~agencies~~services providers for the	72434
custody, care, and special treatment of, and authorize payment for	72435
such custody, care, and special treatment provided to, persons who	72436
are charged with a crime and who are found incompetent to stand	72437
trial or not guilty by reason of insanity.	72438

~~(E)~~(D) The department of ~~mental health~~mental health and	72439
addiction services may do ~~all~~any of the following:	72440

(1) Require reports from the managing officer of any	72441
institution under the department's jurisdiction, relating to the	72442
admission, examination, comprehensive evaluation, diagnosis,	72443
release, or discharge of any patient;	72444

(2) Visit each institution regularly to review its operations	72445
and to investigate complaints made by any patient or by any person	72446
on behalf of a patient, provided these duties may be performed by	72447
a person designated by the director.	72448

~~(F) The department of mental health shall divide the state~~	72449
~~into districts for the purpose of designating the institution in~~	72450
~~which mentally ill persons are hospitalized, and may change the~~	72451
~~districts.~~	72452

~~(G)~~(E) The department of mental health and addiction services	72453
may provide or contract to provide addiction services for	72454
offenders incarcerated in the state prison system.	72455

(F) In addition to the powers expressly conferred, the	72456
department of ~~mental health~~mental health and addiction services	72457
shall have all powers and authority necessary for the full and	72458
efficient exercise of the executive, administrative, and fiscal	72459
supervision over the state institutions described in this section.	72460

~~(H) The department of mental health may provide for the~~	72461
~~custody, supervision, control, treatment, and training of mentally~~	72462
~~ill persons hospitalized elsewhere than within the enclosure of a~~	72463
~~hospital, if the department so determines with respect to any~~	72464
~~individual or group of individuals. In all such cases, the~~	72465
~~department shall ensure adequate and proper supervision for the~~	72466
~~protection of such persons and of the public.~~	72467

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	72468
mental health and addiction services has all the authority	72469
necessary to carry out its powers and duties under this chapter	72470
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	72471
including the authority to adopt rules pursuant to Chapter 119. of	72472
the Revised Code that may be necessary to carry out the purposes	72473
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	72474
Revised Code.	72475

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	72476
health and addiction services may make such investigations as are	72477
necessary in the performance of its duties and to that end the	72478
director of ~~mental health~~mental health and addiction services	72479
shall have the same power as a judge of a county court to	72480
administer oaths and to enforce the attendance and testimony of	72481
witnesses and the production of books or papers.	72482

The department shall keep a record of such investigations	72483
stating the time, place, charges or subject, witnesses summoned	72484
and examined, and its conclusions.	72485

In matters involving the conduct of an officer, a	72486
stenographic report of the evidence shall be taken and a copy of	72487
such report, with all documents introduced, kept on file at the	72488
office of the department.	72489

The fees of witnesses for attendance and travel shall be the	72490
same as in the court of common pleas, but no officer or employee	72491
of the institution under investigation is entitled to such fees.	72492

Any judge of the probate court or of the court of common	72493
pleas, upon application of the department, may compel the	72494
attendance of witnesses, the production of books or papers, and	72495
the giving of testimony before the department, by a judgment for	72496
contempt or otherwise, in the same manner as in cases before such	72497
courts.	72498

The department of ~~mental health~~mental health and addiction	72499
services may appoint and commission any competent agency or	72500
person, to serve without compensation, as a special agent,	72501
investigator, or representative to perform a designated duty for	72502
the department. Specific credentials shall be given by the	72503
department to each person so designated. Each credential shall	72504
state the:	72505

(A) Name of the agent, investigator, or representative;

72506

(B) Agency with which such person is connected;

72507

72508

(D) Date of expiration of appointment;

72509

(E) Such information as the department considers proper.

72510

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	72511
~~addiction services~~mental health and addiction services, in	72512
conjunction with the department of job and family services, shall	72513
develop a joint state plan to improve the accessibility and	72514
timeliness of alcohol and drug addiction services for individuals	72515
identified by a public children services agency as in need of	72516
those services. The plan shall address the fact that Ohio works	72517
first participants may be among the persons receiving services	72518
under section 340.15 of the Revised Code and shall require the	72519
department of job and family services to seek federal funds	72520
available under Title IV-A of the "Social Security Act," 49 Stat.	72521
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	72522
services to Ohio works first participants who are receiving	72523
services under section 340.15 of the Revised Code.	72524

The plan shall address the need and manner for sharing	72525
information and include a request for the general assembly to	72526
appropriate an amount of funds specified in the report to be used	72527
by the departments to pay for services under section 340.15 of the	72528
Revised Code. The departments shall review and amend the plan as	72529
necessary.	72530

Not later than the first day of July of each even-numbered	72531
year, the departments shall submit a report on the progress made	72532
under the joint state plan to the governor, president of the	72533
senate, and speaker of the house of representatives. The report	72534
shall include information on treatment capacity, needs	72535
assessments, and number of individuals who received services	72536
pursuant to section 340.15 of the Revised Code.	72537

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	72538
~~addiction services~~mental health and addiction services, in	72539
accordance with division (B) of this section, shall give priority	72540
to developing, and promptly shall develop, with available public	72541
and private resources a program that does all of the following:	72542

(1) Provides a manner of identifying the aggregate number of	72543
pregnant women in this state who are addicted to a drug of abuse;	72544

(2) Provides for an effective means of intervention to	72545
eliminate the addiction of pregnant women to drugs of abuse prior	72546
to the birth of their children;	72547

(3) Provides for the continued monitoring of women who were	72548
addicted to a drug of abuse during their pregnancies, after the	72549
birth of their children, and for the availability of treatment and	72550
rehabilitation for those women;	72551

(4) Provides a manner of determining the aggregate number of	72552
children who are born in this state to women who are addicted, at	72553
the time of birth, to a drug of abuse, and of children who are	72554
born in this state with an addiction to or a dependency on a drug	72555
of abuse;	72556

(5) Provides for the continued monitoring of children who are	72557
born in this state to women who are addicted, at the time of	72558
birth, to a drug of abuse, or who are born in this state with an	72559
addiction to or dependency on a drug of abuse, after their birth;	72560

(6) Provides for the treatment and rehabilitation of any	72561
child who is born to a woman who is addicted, at the time of	72562
birth, to a drug of abuse, and of any child who is born with an	72563
addiction to or dependency on a drug of abuse.	72564

(B) In developing the program described in division (A) of	72565
this section, the department may obtain information from the	72566
department of health and the department of job and family	72567
services, and those departments shall cooperate with the	72568
department of ~~alcohol and drug addiction services~~mental health	72569
and addiction services in its development and implementation of	72570
the program.	72571

(C) Immediately upon its development of the program described	72572
in division (A) of this section, the department shall implement	72573
the program.	72574

(D) Any record or information that is obtained or maintained	72575
by the department in connection with the program described in	72576
division (A) of this section and could enable the identification	72577
of any woman or child described in division (A)(1) or (4) of this	72578
section is not a public record subject to inspection or copying	72579
under section 149.43 of the Revised Code.	72580

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	72581
person who holds a certified or permanent position in the	72582
classified service within the department of ~~mental health~~mental	72583
health and addiction services to a position in the unclassified	72584
service within the department. A person appointed pursuant to this	72585
section to a position in the unclassified service shall retain the	72586
right to resume the position and status held by the person in the	72587
classified service immediately prior to the person's appointment	72588
to the position in the unclassified service, ~~regardless of the~~	72589
~~number of positions the person held in the unclassified service.~~	72590
~~An employee's right to resume a position in the classified service~~	72591
~~may only be exercised when an appointing authority demotes the~~	72592
~~employee to a pay range lower than the employee's current pay~~	72593
~~range or revokes the employee's appointment to the unclassified~~	72594
~~service. An employee forfeits the right to resume a position in~~	72595
~~the classified service when the employee is removed from the~~	72596
~~position in the unclassified service due to incompetence,~~	72597
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	72598
~~insubordination, discourteous treatment of the public, neglect of~~	72599
~~duty, violation of this chapter or Chapter 124. of the Revised~~	72600
~~Code, violation of the rules of the director of administrative~~	72601
~~services or the director of mental health, any other failure of~~	72602
~~good behavior, any other acts of misfeasance, malfeasance, or~~	72603
~~nonfeasance in office, or conviction of a felony. An employee also~~	72604
~~forfeits the right to resume a position in the classified service~~	72605
~~upon transfer to a different agency.~~	72606

~~Reinstatement to a position in the classified service shall~~	72607
~~be to a position substantially equal to that position in the~~	72608
~~classified service held previously, as certified by the director~~	72609
~~of administrative services. If the position the person previously~~	72610
~~held in the classified service has been placed in the unclassified~~	72611
~~service or is otherwise unavailable, the person shall be appointed~~	72612
~~to a position in the classified service within the department that~~	72613
~~the director of administrative services certifies is comparable in~~	72614
~~compensation to the position the person previously held in the~~	72615
~~classified service. Service in the position in the unclassified~~	72616
~~service shall be counted as service in the position in the~~	72617
~~classified service held by the person immediately prior to the~~	72618
~~person's appointment to the position in the unclassified service.~~	72619
~~When a person is reinstated to a position in the classified~~	72620
~~service as provided in this section, the person is entitled to all~~	72621
~~rights, status, and benefits accruing to the position in the~~	72622
~~classified service during the person's time of service in the~~	72623
~~position in the unclassified service~~pursuant to division (D) of	72624
section 124.11 of the Revised Code.	72625

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	72626
appoint a person to fill a position in either the classified or	72627
unclassified service of the department of ~~mental health~~mental	72628
health and addiction services if the person has been convicted of	72629
or pleaded guilty to a violation of the following:	72630

(1) Any felony contained in the Revised Code, if the felony	72631
bears a direct and substantial relationship to the position being	72632
filled;	72633

(2) Any crime contained in the Revised Code constituting a	72634
misdemeanor of the first degree on the first offense and a felony	72635
on subsequent offenses, if the crime bears a direct and	72636
substantial relationship to the position being filled;	72637

(3) An existing or former law of this state, any other state,	72638
or the United States, if the law violated is substantially	72639
equivalent to any of the offenses described in division (A)(1) or	72640
(2) of this section.	72641

(B) The director of ~~mental health~~mental health and addiction	72642
services shall adopt rules, in accordance with Chapter 119. of the	72643
Revised Code, to implement this section.	72644

(C) The director or an appointing officer shall request the	72645
bureau of criminal identification and investigation created by	72646
section 109.51 of the Revised Code or, at ~~his~~the director's or	72647
appointing officer's discretion, any other state or federal	72648
agency, to supply ~~him~~the director or appointing officer with a	72649
written report regarding the criminal records of any applicant.	72650
For each investigation undertaken at the department's request	72651
under this section, the department shall pay a reasonable fee to	72652
the bureau or other state or federal agency conducting the	72653
investigation. The amount of the fee shall be determined by the	72654
bureau or other state or federal agency conducting the	72655
investigation and shall be sufficient to cover the costs of	72656
conducting the investigation. The report made by the bureau or	72657
other state or federal agency is not a public record for purposes	72658
of section 149.43 of the Revised Code and shall not be made	72659
available to any person, except the applicant, the director, the	72660
appointing officer or ~~his designee~~the appointing officer's	72661
designees, or any hearing officer involved in a case denying	72662
employment.	72663

(D) As used in this section, "applicant" means a person who	72664
is under final consideration for appointment to a position in the	72665
classified or unclassified service of the department of ~~mental~~	72666
~~health~~mental health and addiction services.	72667

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	72668
mental health and addiction services may require any of its	72669
employees and each officer and employee of every institution under	72670
its control who may be charged with custody or control of any	72671
money or property belonging to the state or who is required to	72672
give bond, to give a surety company bond, properly conditioned, in	72673
a sum to be fixed by the department which when approved by the	72674
department, shall be filed in the office of the secretary of	72675
state. The cost of such bonds, when approved by the department,	72676
shall be paid from funds available for the department. The bonds	72677
required or authorized by this section may, in the discretion of	72678
the director of ~~mental health~~mental health and addiction	72679
services, be individual, schedule, or blanket bonds.	72680

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	72681
mental health and addiction services may provide educational	72682
grants or tuition reimbursements to upgrade the education,	72683
training, and professional achievement of its employees, whenever	72684
it determines that provision of such grants or reimbursements is	72685
essential to the achievement of its goals. The department may	72686
enter into agreements with its employees for the purposes of this	72687
section. The agreements may require, as a condition of each grant	72688
or reimbursement, that the employee continue employment with the	72689
department or with another federal, state, or local public agency	72690
designated by the department for a period of time stated in the	72691
agreement. If an employee does not fulfill the employment	72692
requirement stated in the agreement, the department may take	72693
action to recover the amount of all educational grants or tuition	72694
reimbursements paid to the employee under this section, plus	72695
interest at the rate of ten per cent per year calculated from the	72696
date of payment of each grant or reimbursement.	72697

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	72698
"physician" means an individual authorized under Chapter 4731. of	72699
the Revised Code to practice medicine and surgery or osteopathic	72700
medicine and surgery.	72701

(B) The department of ~~mental health~~mental health and	72702
addiction services may establish a physician recruitment program	72703
under which the department agrees to repay all or part of the	72704
principal and interest of a government or other educational loan	72705
incurred by a physician who agrees to provide services to	72706
inpatients and outpatients of institutions under the department's	72707
administration. To be eligible to participate in the program, a	72708
physician must have attended a school that was, at the time of	72709
attendance, a medical school or osteopathic medical school in this	72710
country accredited by the liason committee on medical education or	72711
the American osteopathic association, or a medical school or	72712
osteopathic medical school located outside this country that was	72713
acknowledged by the world health organization and verified by a	72714
member state of that organization as operating within that state's	72715
jurisdiction.	72716

(C) The department shall enter into a contract with each	72717
physician it recruits under this section. Each contract shall	72718
include at least the following terms:	72719

(1) The physician agrees to provide a specified scope of	72720
medical or osteopathic medical services for a specified number of	72721
hours per week and a specified number of years to patients of one	72722
or more specified institutions administered by the department.	72723

(2) The department agrees to repay all or a specified portion	72724
of the principal and interest of a government or other educational	72725
loan taken by the physician for the following expenses if the	72726
physician meets the service obligation agreed to and the expenses	72727
were incurred while the physician was enrolled in, for up to a	72728
maximum of four years, a school that qualifies the physician to	72729
participate in the program:	72730

(a) Tuition;

72731

(b) Other educational expenses for specific purposes,	72732
including fees, books, and laboratory expenses, in amounts	72733
determined to be reasonable in accordance with rules adopted under	72734
division (D) of this section;	72735

(c) Room and board, in an amount determined to be reasonable	72736
in accordance with rules adopted under division (D) of this	72737
section.	72738

(3) The physician agrees to pay the department a specified	72739
amount, which shall be not less than the amount already paid by	72740
the department pursuant to its agreement, as damages if hethe	72741
physician fails to complete the service obligation agreed to or	72742
fails to comply with other specified terms of the contract. The	72743
contract may vary the amount of damages based on the portion of	72744
the physician's service obligation that remains uncompleted as	72745
determined by the department.	72746

(4) Other terms agreed upon by the parties.

72747

(D) If the department elects to implement the physician	72748
recruitment program, it shall adopt rules in accordance with	72749
Chapter 119. of the Revised Code that establish all of the	72750
following:	72751

(1) Criteria for designating institutions for which	72752
physicians will be recruited;	72753

(2) Criteria for selecting physicians for participation in	72754
the program;	72755

(3) Criteria for determining the portion of a physician's	72756
loan that the department will agree to repay;	72757

(4) Criteria for determining reasonable amounts of the	72758
expenses described in divisions (C)(2)(b) and (c) of this section;	72759

(5) Procedures for monitoring compliance by physicians with	72760
the terms of their contracts;	72761

(6) Any other criteria or procedures necessary to implement	72762
the program.	72763

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	72764
mental health and addiction services or the managing officer of an	72765
institution of the department may enter into an agreement with	72766
boards of trustees or boards of directors of one or more	72767
institutions of higher education or hospitals licensed pursuant to	72768
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	72769
and conduct collaborative training efforts for students enrolled	72770
in courses of studies for occupations or professions ~~which may be~~	72771
~~determined by the director upon the approval of the medical~~	72772
~~director to be in occupations or professions needed to provide~~	72773
~~adequate~~that involve the care and treatment for persons receiving	72774
mental health or addiction services.	72775

(B) Such collaborative training efforts may include but are	72776
not limited to programs in psychiatry, psychology, nursing, social	72777
work, counseling professions, and others considered appropriate by	72778
the director of ~~mental health~~mental health and addiction	72779
services. Any such program shall be approved or accredited by its	72780
respective professional organization or state board having	72781
jurisdiction over the profession.	72782

(1) The department shall require that the following be	72783
provided for in agreements between the department and institutions	72784
of higher education or hospitals licensed pursuant to section	72785
~~5119.20~~5119.33 of the Revised Code:	72786

(a) Establishment of inter-disciplinary committees to advise	72787
persons responsible for training programs. Each committee shall	72788
have representation drawn from the geographical community the	72789
institution of higher education or hospital serves and shall	72790
include representatives of agencies, boards, targeted populations	72791
as determined by the department, racial and ethnic minority	72792
groups, and publicly funded programs;	72793

(b) Funding procedures;

72794

(c) Specific outcomes and accomplishments that are expected	72795
or required of a program under such agreement;	72796

(d) The types of services to be provided under such	72797
agreement.	72798

(2) The department may require that the following be provided	72799
for in agreements between the department and institutions of	72800
higher education or hospitals licensed pursuant to section ~~5119.20~~	72801
5119.33 of the Revised Code:	72802

(a) Special arrangements for individual residents or trainees	72803
to encourage their employment in publicly funded settings upon	72804
completion of their training;	72805

(b) Procedures for the selection of residents or trainees to	72806
promote the admission, retention, and graduation of women,	72807
minorities, and ~~handicapped~~disabled persons;	72808

(c) Cross-cultural training and other subjects considered	72809
necessary to enhance training efforts and the care and treatment	72810
of patients and clients;	72811

(d) Funding of faculty positions oriented toward meeting the	72812
needs of publicly funded programs.	72813

Subject to appropriations by the general assembly, the	72814
director of ~~mental health~~mental health and addiction services has	72815
final approval of the funding of these collaborative training	72816
efforts.	72817

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	72818
instruction and training of all persons in institutions under the	72819
control of the department of ~~mental health~~mental health and	72820
addiction services shall be subject to the approval of the	72821
superintendent of public instruction.	72822

All teachers employed in institutions under the control of	72823
the department of ~~mental health~~mental health and addiction	72824
services shall possess such educator licenses or have such	72825
qualifications and approval as the superintendent of public	72826
instruction, after consulting with the officers in charge of the	72827
institutions, prescribes for the various types of service in the	72828
institutions.	72829

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	72830
correctional institution" has the same meaning as in section	72831
2967.01 of the Revised Code.	72832

(B) The department of ~~alcohol and drug addiction services~~	72833
mental health and addiction services shall develop a program that	72834
is designed to educate and train the employees of each state	72835
correctional institution, the employees of each department of	72836
youth services institution, and other persons associated by	72837
contract or otherwise with each state correctional institution or	72838
each department of youth services institution, who will be	72839
responsible for the conduct of, or otherwise providing treatment	72840
or rehabilitation services pursuant to, a substance abuse	72841
treatment or rehabilitation program offered in the institution to	72842
adult prisoners or juvenile offenders. Upon the development of the	72843
educational and training program, the department of ~~alcohol and~~	72844
~~drug addiction services~~mental health and addiction services	72845
promptly shall commence its implementation. The department of	72846
~~alcohol and drug addiction services~~mental health and addiction	72847
services may charge to the department of rehabilitation and	72848
correction and to the department of youth services a reasonable	72849
annual fee that reflects the expenses incurred by it during the	72850
immediately preceding calendar year in preparing and offering the	72851
educational and training program during that year to the	72852
respective employees and other associated persons described in	72853
this division.	72854

The director of rehabilitation and correction and the	72855
director of youth services shall require the respective employees	72856
and other associated persons described in this division to attend	72857
and successfully complete the educational and training program	72858
developed pursuant to this division as a condition of their	72859
continuing to have responsibility for the conduct of, or their	72860
continuing to provide treatment or rehabilitation services	72861
pursuant to, any treatment or rehabilitation program that is	72862
offered in a state correctional institution or in a department of	72863
youth services institution to adult prisoners or juvenile	72864
offenders. If the department of ~~alcohol and drug addiction~~	72865
~~services~~mental health and addiction services charges a reasonable	72866
annual fee as described in this division, the director involved	72867
shall cause that fee to be paid from any available funds of the	72868
department of rehabilitation and correction or any available funds	72869
of the department of youth services.	72870

(C) The department of rehabilitation and correction and the	72871
department of ~~alcohol and drug addiction services~~mental health	72872
and addiction services jointly shall develop program	72873
specifications for the alcohol and drug addiction treatment	72874
programs offered in state correctional institutions.	72875

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	72876
~~addiction services~~mental health and addiction services may	72877
acquire by purchase, lease, or otherwise such real and personal	72878
property rights in the name of the state as are necessary for the	72879
purposes of the department. ~~The~~	72880

(B) When it is necessary for a state institution under the	72881
jurisdiction of the department to acquire any real estate,	72882
right-of-way, or easement in real estate in order to accomplish	72883
the purposes for which it was organized or is being conducted, and	72884
the department is unable to agree with the owner of such property	72885
upon the price to be paid for the property, such property may be	72886
appropriated in the manner provided for the appropriation of	72887
property for other state purposes.	72888

(C) The director~~, with the approval of the governor and the~~	72889
~~attorney general,~~ may work with the department of administrative	72890
services to sell, lease, or exchange portions of real and personal	72891
property of the department when the sale, lease, or exchange is	72892
advantageous to the state. Money received from such sales, leases,	72893
or exchanges shall be credited to the ~~general revenue~~the	72894
department of mental health and addiction services trust fund,	72895
created in section 5119.46 of the Revised Code.	72896

(D) Any instrument by which real property is acquired	72897
pursuant to this section shall identify the agency of the state	72898
that has the use and benefit of the real property as specified in	72899
section 5301.012 of the Revised Code.	72900

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	72901
mental health and addiction services shall:	72902

~~(A)~~(1) To the extent the department has available resources	72903
and in consultation with boards of alcohol, drug addiction, and	72904
mental health services, support a ~~community support system~~	72905
continuum of care in accordance with ~~section 340.03~~Chapter 340.	72906
of the Revised Code on a district or multi-district basis. The	72907
department shall define the essential elements of a ~~community~~	72908
~~support system~~continuum of care, shall assist in identifying	72909
resources, and may prioritize support for one or more of the	72910
elements.	72911

~~(B) Operate inpatient and other mental health services;~~

72912

~~(C)~~(2) Provide training, consultation, and technical	72913
assistance regarding mental health ~~programs~~ and addiction services	72914
and appropriate prevention, recovery, and mental health promotion	72915
activities, including those that are culturally ~~sensitive~~	72916
competent, to employees of the department, community mental health	72917
~~agencies~~ and addiction services providers, boards of alcohol, drug	72918
addiction, and mental health services, and other agencies	72919
providing mental health and addiction services;	72920

~~(D)~~(3) To the extent the department has available resources,	72921
promote and support a full range of mental health and addiction	72922
services that are available and accessible to all residents of	72923
this state, especially for severely mentally disabled children,	72924
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	72925
custodians of children at risk of abuse or neglect, and other	72926
special target populations, including racial and ethnic	72927
minorities, as determined by the department;	72928

~~(E)~~(4) Develop standards and measures for evaluating the	72929
effectiveness of mental health and addiction services, including	72930
services that use methadone treatment, of gambling addiction	72931
services, and for increasing the accountability of mental health	72932
and alcohol and addiction services providers and of gambling	72933
addiction services providers;	72934

(5) Design and set criteria for the determination of ~~severe~~	72935
~~mental disability~~priority populations;	72936

~~(F) Establish standards for evaluation of mental health~~	72937
~~programs;~~	72938

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	72939
research, taking ethnic and racial differences into consideration,	72940
concerning the causes and prevention of mental illness and	72941
addiction, methods of providing effective services and treatment,	72942
and means of enhancing the mental health of and recovery from	72943
addiction of all residents of this state;	72944

~~(H)~~(7) Foster the establishment and availability of	72945
vocational rehabilitation services and the creation of employment	72946
opportunities for consumers of mental health and addiction	72947
services, including members of racial and ethnic minorities;	72948

~~(I)~~(8) Establish a program to protect and promote the rights	72949
of persons receiving mental health and addiction services,	72950
including the issuance of guidelines on informed consent and other	72951
rights;	72952

~~(J) Establish, in consultation with board of alcohol, drug~~	72953
~~addiction, and mental health services representatives and after~~	72954
~~consideration of the recommendations of the medical director,~~	72955
~~guidelines for the development of community mental health plans~~	72956
~~and the review and approval or disapproval of such plans submitted~~	72957
~~pursuant to section 340.03 of the Revised Code;~~	72958

~~(K)~~(9) Promote the involvement of persons who are receiving	72959
or have received mental health or addiction services, including	72960
families and other persons having a close relationship to a person	72961
receiving ~~mental health~~those services, in the planning,	72962
evaluation, delivery, and operation of mental health and addiction	72963
services;	72964

~~(L)~~(10) Notify and consult with the relevant constituencies	72965
that may be affected by rules, standards, and guidelines issued by	72966
the department of ~~mental health~~mental health and addiction	72967
services. These constituencies shall include consumers of mental	72968
health and addiction services and their families, and may include	72969
public and private providers, employee organizations, and others	72970
when appropriate. Whenever the department proposes the adoption,	72971
amendment, or rescission of rules under Chapter 119. of the	72972
Revised Code, the notification and consultation required by this	72973
division shall occur prior to the commencement of proceedings	72974
under Chapter 119. The department shall adopt rules under Chapter	72975
119. of the Revised Code that establish procedures for the	72976
notification and consultation required by this division.	72977

~~(M) In cooperation with board of alcohol, drug addiction, and~~	72978
~~mental health services representatives, provide training regarding~~	72979
~~the provision of community-based mental health services to those~~	72980
~~department employees who are utilized in state-operated,~~	72981
~~community-based mental health services;~~	72982

~~(N)~~(11) Provide consultation to the department of	72983
rehabilitation and correction concerning the delivery of mental	72984
health and addiction services in state correctional institutions.	72985

(12) Promote and coordinate efforts in the provision of	72986
alcohol and drug addiction services and of gambling addiction	72987
services by other state agencies, as defined in section 1.60 of	72988
the Revised Code; courts; hospitals; clinics; physicians in	72989
private practice; public health authorities; boards of alcohol,	72990
drug addiction, and mental health services; alcohol and drug	72991
addiction services providers; law enforcement agencies; gambling	72992
addiction services providers; and related groups;	72993

(13) Provide to each court of record, and biennially update,	72994
a list of the treatment and education programs within that court's	72995
jurisdiction that the court may require an offender, sentenced	72996
pursuant to section 4511.19 of the Revised Code, to attend;	72997

(14) Make the warning sign described in sections 3313.752,	72998
3345.41, and 3707.50 of the Revised Code available on the	72999
department's internet web site;	73000

(15) Provide a program of gambling addiction services on	73001
behalf of the state lottery commission, pursuant to an agreement	73002
entered into with the director of the commission under division	73003
(K) of section 3770.02 of the Revised Code, and provide a program	73004
of gambling addiction services on behalf of the Ohio casino	73005
control commission, under an agreement entered into with the	73006
executive director of the commission under section 3772.062 of the	73007
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	73008
Constitution, the department may enter into agreements with boards	73009
of alcohol, drug addiction, and mental health services, including	73010
boards with districts in which a casino facility is not located,	73011
and nonprofit organizations to provide gambling addiction services	73012
and substance abuse services, and with state institutions of	73013
higher education or private nonprofit institutions that possess a	73014
certificate of authorization issued under Chapter 1713. of the	73015
Revised Code to perform related research.	73016

(B) The department may accept and administer grants from	73017
public or private sources for carrying out any of the duties	73018
enumerated in this section.	73019

(C) Pursuant to Chapter 119. of the Revised Code, the	73020
department shall adopt a rule defining the term "intervention" as	73021
it is used in this chapter in connection with alcohol and drug	73022
addiction services and in connection with gambling addiction	73023
services. The department may adopt other rules as necessary to	73024
implement the requirements of this chapter.	73025

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	73026
~~refers to a board of alcohol, drug addiction, and mental health~~	73027
~~services also refers to the community mental health board in an~~	73028
~~alcohol, drug addiction, and mental health service district that~~	73029
~~has a community mental health board.~~	73030

The director of ~~mental health~~mental health and addiction	73031
services with respect to all mental health and addiction	73032
facilities and ~~programs~~services established and operated or	73033
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	73034
~~and emotionally disturbed persons~~, shall do all of the following:	73035

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	73036
that may be necessary to carry out the purposes of ~~Chapter~~this	73037
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	73038
the Revised Code.	73039

~~(1) The rules shall include the following:~~

73040

~~(a) Rules governing a community mental health agency's~~	73041
~~services under section 340.091 of the Revised Code to an~~	73042
~~individual referred to the agency under division (D)(2) of section~~	73043
~~5119.69 of the Revised Code;~~	73044

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	73045
~~the Revised Code, rules governing the duties of mental health~~	73046
~~agencies and boards of alcohol, drug addiction, and mental health~~	73047
~~services regarding referrals of individuals with mental illness or~~	73048
~~severe mental disability to residential facilities as defined in~~	73049
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	73050
~~effective arrangements for ongoing mental health services for the~~	73051
~~individuals. .~~	73052

~~(2) Rules may be adopted to govern the method of paying a~~	73053
~~community mental health facility, as defined in section 5111.023~~	73054
~~of the Revised Code, for providing services listed in division (B)~~	73055
~~of that section. Such rules must be consistent with the contract~~	73056
~~entered into between the departments of job and family services~~	73057
~~and mental health under section 5111.91 of the Revised Code and~~	73058
~~include requirements ensuring appropriate service utilization.~~	73059

(B) Review and evaluate~~, and~~the continuum of care in each	73060
service district, taking into account the findings and	73061
recommendations of the board of alcohol, drug addiction, and	73062
mental health services of the district ~~served by the program~~	73063
submitted under division (A)(4) of section 340.03 of the Revised	73064
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	73065
~~mental health plan~~department, including the needs of residents of	73066
the district ~~now residing in state mental institutions~~currently	73067
receiving services in state-operated hospitals, and make	73068
recommendations for needed improvements to boards of alcohol, drug	73069
addiction, and mental health services;	73070

(C) ~~Provide consultative services to community mental health~~	73071
~~agencies with the knowledge and cooperation of the board of~~	73072
~~alcohol, drug addiction, and mental health services;~~	73073

~~(D)~~ At the director's discretion, provide to boards of	73074
alcohol, drug addiction, and mental health services state or	73075
federal funds, in addition to those allocated under section	73076
~~5119.62~~5119.23 of the Revised Code, for special programs or	73077
projects the director considers necessary but for which local	73078
funds are not available;	73079

(D) Establish, in consultation with board of alcohol, drug	73080
addiction, and mental health service representatives and after	73081
consideration of the recommendations of the medical director,	73082
guidelines for the development of community mental health and	73083
addiction services plans and the review and approval or	73084
disapproval of such plans submitted pursuant to section 340.03 of	73085
the Revised Code.	73086

(E) Establish criteria by which a board of alcohol, drug	73087
addiction, and mental health services reviews and evaluates the	73088
quality, effectiveness, and efficiency of its contracted services	73089
~~provided through its community mental health plan~~. The criteria	73090
shall include requirements ensuring appropriate service	73091
utilization. The department shall assess a board's evaluation of	73092
services and the compliance of each board with this section,	73093
Chapter 340. ~~or section 5119.62~~ of the Revised Code, and other	73094
state or federal law and regulations. The department, in	73095
cooperation with the board, periodically shall review and evaluate	73096
the quality, effectiveness, and efficiency of services provided	73097
through each board. The department shall collect information that	73098
is necessary to perform these functions.	73099

(F) To the extent the director determines necessary and after	73100
consulting with boards of alcohol, drug addiction, and mental	73101
health services, develop and operate, or contract for the	73102
operation of, a community ~~mental~~behavioral health information	73103
system or systems. The department shall specify the information	73104
that must be provided by boards of alcohol, drug addiction, and	73105
mental health services for inclusion in the system or systems.	73106

Boards of alcohol, drug addiction, and mental health services	73107
shall submit information requested by the department in the form	73108
and manner and in accordance with time frames prescribed by the	73109
department. Information collected by the department ~~shall~~may	73110
include~~, but not be limited to,~~ all of the following:	73111

(1) Information ~~regarding units of~~on services provided in	73112
whole or in part under contract with a board~~, including diagnosis~~	73113
~~and special needs, demographic information, the number of units of~~	73114
~~service provided, past treatment, financial status, and service~~	73115
~~dates in accordance with rules adopted by the department in~~	73116
~~accordance with Chapter 119. of the Revised Code~~;	73117

(2) Financial information ~~other than price or price-related~~	73118
~~data~~ regarding expenditures of federal, state, or local funds by	73119
boards ~~and community mental health agencies, including units of~~	73120
~~service provided, budgeted and actual expenses by type, and~~	73121
~~sources of funds~~;	73122

(3) Information about persons served under contract with a	73123
board.	73124

~~Boards shall submit the information specified in division~~	73125
~~(F)(1) of this section no less frequently than annually for each~~	73126
~~client, and each time the client's case is opened or closed.~~ The	73127
department shall not collect any personal information from the	73128
boards except as required or permitted by state or federal law for	73129
purposes related to payment, health care operations, program and	73130
service evaluation, reporting activities, research, system	73131
administration, and oversight.	73132

(G)(1) Review each board's community mental health and	73133
addiction services plan, budget, and statement of services to be	73134
made available submitted pursuant to ~~section~~sections 340.03 and	73135
340.08 of the Revised Code and approve or disapprove itthe plan,	73136
the budget, and the statement of services in whole or in part.	73137
~~Periodically, in consultation with representatives of boards and~~	73138
~~after considering the recommendations of the medical director, the~~	73139
~~director shall issue criteria for determining when a plan is~~	73140
~~complete, criteria for plan approval or disapproval, and~~	73141
~~provisions for conditional approval. The factors that the director~~	73142
~~considers may include, but are not limited to, the following:~~	73143

~~(1) The mental health needs of all persons residing within~~	73144
~~the board's service district, especially severely mentally~~	73145
~~disabled children, adolescents, and adults;~~	73146

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	73147
~~cultural relevance of the services provided in each service~~	73148
~~district, the extent to which any services are duplicative of~~	73149
~~other available services, and whether the services meet the needs~~	73150
~~identified above;~~	73151

~~(3) The adequacy of the board's accounting for the~~	73152
~~expenditure of funds.~~	73153

~~If the director disapproves all or part of any plan, the~~	73154
~~director shall provide the board an opportunity to present its~~	73155
~~position. The director shall inform the board of the reasons for~~	73156
~~the disapproval and of the criteria that must be met before the~~	73157
~~plan may be approved. The director shall give the board a~~	73158
~~reasonable time within which to meet the criteria, and shall offer~~	73159
~~technical assistance to the board to help it meet the criteria.~~	73160

~~If the approval of a plan remains in dispute, the board or~~	73161
~~the director may request that the dispute be submitted to a~~	73162
~~mutually agreed upon third-party mediator with the cost to be~~	73163
~~shared by the board and the department. The mediator shall issue~~	73164
~~to the board and the department recommendations for resolution of~~	73165
~~the dispute. The director, taking into consideration the~~	73166
~~recommendations of the mediator, shall make a final determination~~	73167
~~and approve or disapprove the plan, in whole or in part~~The	73168
department may withhold all or part of the funds allocated to a	73169
board if it disapproves all or part of a plan, budget, or	73170
statement of services. Prior to a final decision to disapprove a	73171
plan, budget, or statement of services, or to withhold funds from	73172
a board, a representative of the director of mental health and	73173
addiction services shall meet with the board and discuss the	73174
reason for the action the department proposes to take and any	73175
corrective action that should be taken to make the plan, budget,	73176
or statement of services acceptable to the department. In	73177
addition, the department shall offer technical assistance to the	73178
board to assist it to make the plan, budget, or statement of	73179
services acceptable. The department shall give the board a	73180
reasonable time in which to revise the plan, budget, or statement	73181
of services. The board thereafter shall submit a revised plan,	73182
budget, or statement of services, or a new plan, budget, or	73183
statement of services.	73184

(2) If a board determines that it is necessary to amend the	73185
plan, budget, or statement of services that has been approved	73186
under this section, the board shall submit the proposed amendment	73187
to the department. The department may approve or disapprove all or	73188
part of the amendment.	73189

(3) If the director disapproves of all or part of any	73190
proposed amendment, the director shall provide the board an	73191
opportunity to present its position. The director shall inform the	73192
board of the reasons for the disapproval and of the criteria that	73193
must be met before the proposed amendment may be approved. The	73194
director shall give the board a reasonable time within which to	73195
meet the criteria and shall offer technical assistance to the	73196
board to help it meet the criteria.	73197

(4) The department shall establish procedures for the review	73198
of plans, budgets, and statements of services, and a timetable for	73199
submission and review of plans, budgets, and statements of	73200
services and for corrective action and submission of new or	73201
revised plans, budgets, and statements of services.	73202

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	73203
mental health and addiction services shall establish a methodology	73204
for allocating to boards of alcohol, drug addiction, and mental	73205
health services the funds appropriated by the general assembly to	73206
the department for the purpose of local mental health ~~systems~~and	73207
addiction services continuums of care. The department shall	73208
establish the methodology after notifying and consulting with	73209
relevant constituencies as required by division ~~(L)~~(A)(10) of	73210
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	73211
provide for the funds to be allocated to boards on a district or	73212
multi-district basis. ~~Subject~~	73213

(B) Subject to ~~sections 5119.622 and 5119.623~~section	73214
5119.25 of the Revised Code, and to required submissions and	73215
approvals under section 340.08 of the Revised Code, the department	73216
shall allocate the funds to the boards in a manner consistent with	73217
the methodology, this section, other state and federal laws,	73218
rules, and regulations.	73219

~~(B) The department may allocate to boards a portion of the~~	73220
~~funds appropriated by the general assembly to the department for~~	73221
~~the operation of state hospital services. If the department~~	73222
~~allocates the funds, the department shall do all of the following:~~	73223

~~(1) In consultation with the boards:~~

73224

~~(a) Annually determine the unit costs of providing state~~	73225
~~hospital services; and~~	73226

~~(b) Establish the methodology for allocating the funds to the~~	73227
~~boards.~~	73228

~~(2) Determine the type of unit costs of providing state~~	73229
~~hospital services to be included as a factor in the methodology~~	73230
~~and include that unit cost as a factor in the methodology;~~	73231

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	73232
~~Code, allocate the funds to the boards in a manner consistent with~~	73233
~~the methodology, this section, other state and federal laws,~~	73234
~~rules, and regulations.~~	73235

~~(c) Not later than the first day of April of each year, the~~	73236
~~department shall notify each board of the department's estimate of~~	73237
~~the amount of funds to be allocated to the board under this~~	73238
~~section during the fiscal year beginning on the next July first.~~	73239
~~If the department makes an allocation under division (B) of this~~	73240
~~section, the department shall also notify each board of the unit~~	73241
~~costs of providing state hospital services for the upcoming fiscal~~	73242
~~year as determined under that division. Not later than the first~~	73243
~~day of May of each year, each board shall notify the department as~~	73244
~~to which of the following options it has elected for the upcoming~~	73245
~~fiscal year:~~	73246

~~(1) The board elects to accept distribution of the amount~~	73247
~~allocated to it under this section. Funds distributed to each~~	73248
~~board shall be used to supplement and not to supplant other state,~~	73249
~~local, or federal funds that are being used to support~~	73250
~~community-based programs for severely mentally disabled children,~~	73251
~~adolescents, and adults, unless the funds have been specifically~~	73252
~~designated for the initiation of programs in accordance with the~~	73253
~~community mental health plan developed and submitted under section~~	73254
~~340.03 and approved under section 5119.61 of the Revised Code.~~	73255
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	73256
~~expend unexpended funds distributed to the board from~~	73257
~~appropriations for the purpose of local management of mental~~	73258
~~health services in the fiscal year following the fiscal year for~~	73259
~~which the appropriations are made, in accordance with the approved~~	73260
~~community mental health plan.~~	73261

~~(2) Subject to division (D) of this section, the board elects~~	73262
~~not to accept the amount allocated to it under this section,~~	73263
~~authorizes the department to determine the use of its allocation,~~	73264
~~and agrees to provide the department with a statement of projected~~	73265
~~utilization of state hospitals and other state-operated services~~	73266
~~by residents of its service district during the fiscal year.~~	73267

~~(D) No board shall elect the option in division (C)(2) of~~	73268
~~this section unless all of the following apply:~~	73269

~~(1) Either the total funds estimated by the department to be~~	73270
~~allocated to the board under this section for the next fiscal year~~	73271
~~are reduced by a substantial amount, as defined in guidelines~~	73272
~~adopted by the director of mental health under division (E) of~~	73273
~~this section, in comparison to the amount allocated for the~~	73274
~~current fiscal year, for reasons not related to performance or the~~	73275
~~board has experienced other circumstances specified in the~~	73276
~~guidelines.~~	73277

~~(2) The board provides the department written confirmation~~	73278
~~that the board has received input about the impact that the~~	73279
~~board's election will have on the mental health system in the~~	73280
~~board's district from all of the following:~~	73281

~~(a) Individuals who receive mental health services and such~~	73282
~~individuals' families;~~	73283

~~(b) Boards of county commissioners;~~

73284

~~(c) Judges of juvenile and probate courts;~~

73285

~~(d) County sheriffs, jail administrators, and other local law~~	73286
~~enforcement officials.~~	73287

~~(3) Not later than seven days before notifying the department~~	73288
~~of its election and after providing the department the written~~	73289
~~confirmation required by division (D)(2) of this section, the~~	73290
~~board conducts a public hearing on the issue.~~	73291

~~(E) For the purpose of division (D)(1) of this section, the~~	73292
~~director of mental health shall consult with the boards and other~~	73293
~~relevant constituencies to develop guidelines for determining what~~	73294
~~constitutes a substantial reduction of funds and what other~~	73295
~~circumstances qualify a board to elect the option in division~~	73296
~~(C)(2) of this section.~~	73297

~~(F) No board shall use state funds for the purpose of~~	73298
~~discouraging employees from seeking collective bargaining~~	73299
~~representation or encouraging employees to decertify a recognized~~	73300
~~collective bargaining agent.~~	73301

~~(G) The department shall charge against the allocation made~~	73302
~~to a board under division (B) of this section, if any, any~~	73303
~~unreimbursed costs for services provided by the department.~~	73304

~~(H) A board's use of funds allocated under this section is~~	73305
~~subject to audit by county, state, and federal authorities.~~	73306

(C) In consultation with boards, community mental health and	73307
addiction services providers, and persons receiving services, the	73308
department shall establish guidelines for the use of funds	73309
allocated and distributed under this section.	73310

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	73311
"administrative function" means a function related to one or more	73312
of the following:	73313

(1) Continuous quality improvement;

73314

(2) Utilization review;

73315

(3) Resource development;

73316

(4) Fiscal administration;

73317

(5) General administration;

73318

(6) Any other function related to administration that is	73319
required by Chapter 340. of the Revised Code.	73320

(B) Each board of alcohol, drug addiction, and mental health	73321
services shall submit an annual report to the department of ~~mental~~	73322
~~health~~mental health and addiction services specifying how the	73323
board used funds allocated to the board under section ~~5119.62~~	73324
5119.23 of the Revised Code for administrative functions in the	73325
year preceding the report's submission. The director of ~~mental~~	73326
~~health~~mental health and addiction services shall establish the	73327
date by which the report must be submitted each year.	73328

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	73329
mental health and addiction services, in whole or in part, may	73330
withhold funds otherwise to be allocated to a board of alcohol,	73331
drug addiction, and mental health services under section ~~5119.62~~	73332
5119.23 of the Revised Code if the board fails to comply with	73333
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	73334
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	73335
of the department of ~~mental health regarding a community mental~~	73336
~~health service~~mental health and addiction services. ~~The~~	73337

(B) The director of mental health and addiction services may	73338
withhold funds otherwise to be allocated to a board of alcohol,	73339
drug addiction, and mental health services under section 5119.23	73340
of the Revised Code if the board denies available service on the	73341
basis of race, color, religion, sex, national origin, marital	73342
status, sexual orientation, genetic information, or developmental	73343
disability, or age, disability, or military status as defined in	73344
section 4112.01 of the Revised Code.	73345

(C) The director shall ~~identify~~issue a notice identifying	73346
the areas of noncompliance and the action necessary to achieve	73347
compliance. The director ~~shall~~may offer technical assistance to	73348
the board to achieve compliance. The ~~director shall give the~~ board	73349
~~a reasonable time within which to comply or~~shall have ten days	73350
from receipt of the notice of noncompliance to present its	73351
position that it is in compliance. Before withholding funds, the	73352
director or the director's designee shall hold a hearing ~~shall be~~	73353
~~conducted~~within ten days of receipt of the board's position to	73354
determine if there are continuing violations and that either	73355
assistance is rejected or the board is unable to achieve	73356
compliance. Subsequent to the hearing process, if it is determined	73357
that compliance has not been achieved, the director may allocate	73358
all or part of the withheld funds to a public or private agency to	73359
provide the community mental health or community addiction service	73360
for which the board is not in compliance until the time that there	73361
is compliance. The director ~~shall~~may adopt rules in accordance	73362
with Chapter 119. of the Revised Code to implement this section.	73363

~~Sec. 3793.14.~~ Sec. 5119.26. Any person treated under this chapter	73364
or rules adopted under it shall retain ~~his~~the person's civil	73365
rights and liberties, including the right not to be experimented	73366
upon with treatment not accepted as good medical practice without	73367
~~his~~the person's fully informed consent, the right as a ~~patient~~	73368
person receiving services to maintain the confidentiality of	73369
health and medical records, the right as a person detained for	73370
medical purposes to receive adequate and appropriate treatment,	73371
and the right to vote.	73372

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	73373
court journal entries or court docket entries, pertaining to the	73374
identity, diagnosis, or treatment of any ~~patient~~person seeking or	73375
receiving services that are maintained in connection with the	73376
performance of any drug treatment program or services licensed by,	73377
or certified by, the director of ~~alcohol and drug addiction~~	73378
~~services,~~mental health and addiction services under ~~section~~	73379
~~3793.11 of the Revised Code,~~this chapter shall be kept	73380
confidential, may be disclosed only for the purposes and under the	73381
circumstances expressly authorized under this section, and may not	73382
otherwise be divulged in any civil, criminal, administrative, or	73383
legislative proceeding.	73384

(B) When the ~~patient~~person, with respect to whom any record	73385
or information referred to in division (A) of this section is	73386
maintained, gives consent in the form of a written release signed	73387
by the ~~patient~~person, the content of the record or information	73388
may be disclosed if the written release conforms to all of the	73389
following:	73390

(1) Specifically identifies the person, official, or entity	73391
to whom the information is to be provided;	73392

(2) Describes with reasonable specificity the record,	73393
records, or information to be disclosed; and	73394

(3) Describes with reasonable specificity the purposes of the	73395
disclosure and the intended use of the disclosed information.	73396

(C) A ~~patient~~person who is subject to a community control	73397
sanction, parole, or a post-release control sanction or who is	73398
ordered to rehabilitation in lieu of conviction, and who has	73399
agreed to participate in a drug treatment or rehabilitation	73400
program as a condition of the community control sanction,	73401
post-release control sanction, parole, or order to rehabilitation,	73402
shall be considered to have consented to the release of records	73403
and information relating to the progress of treatment, frequency	73404
of treatment, adherence to treatment requirements, and probable	73405
outcome of treatment. Release of information and records under	73406
this division shall be limited to the court or governmental	73407
personnel having the responsibility for supervising the ~~patient's~~	73408
person's community control sanction, post-release control	73409
sanction, parole, or order to rehabilitation. A ~~patient~~person,	73410
described in this division, who refuses to allow disclosure may be	73411
considered in violation of the conditions of the ~~patient's~~	73412
person's community control sanction, post-release control	73413
sanction, parole, or order to rehabilitation.	73414

(D) Disclosure of a ~~patient's~~person's record may be made	73415
without the ~~patient's~~person's consent to qualified personnel for	73416
the purpose of conducting scientific research, management,	73417
financial audits, or program evaluation, but these personnel may	73418
not identify, directly or indirectly, any individual ~~patient~~	73419
person in any report of the research, audit, or evaluation, or	73420
otherwise disclose a ~~patient's~~person's identity in any manner.	73421

(E) Upon the request of a prosecuting attorney or the	73422
director of ~~alcohol and drug addiction services~~mental health and	73423
addiction services, a court of competent jurisdiction may order	73424
the disclosure of records or information referred to in division	73425
(A) of this section if the court has reason to believe that a	73426
treatment program or facility is being operated or used in a	73427
manner contrary to law. The use of any information or record so	73428
disclosed shall be limited to the prosecution of persons who are	73429
or may be charged with any offense related to the illegal	73430
operation or use of the drug treatment program or facility, or to	73431
the decision to withdraw the authority of a drug treatment program	73432
or facility to continue operation. For purposes of this division	73433
the court shall:	73434

(1) Limit disclosure to those parts of the ~~patient's~~person's	73435
record considered essential to fulfill the objective for which the	73436
order was granted;	73437

(2) Require, where appropriate, that all information be	73438
disclosed in chambers;	73439

(3) Include any other appropriate measures to keep disclosure	73440
to a minimum, consistent with the protection of the ~~patients~~	73441
persons seeking or receiving services, the physician-patient	73442
relationship, and the administration of the drug treatment and	73443
rehabilitation program.	73444

(F) As used in this section:

73445

(1) "Community control sanction" has the same meaning as in	73446
section 2929.01 of the Revised Code.	73447

(2) "Post-release control sanction" has the same meaning as	73448
in section 2967.01 of the Revised Code.	73449

Sec. 5119.28. (A) All records, and reports, other than court	73450
journal entries or court docket entries, identifying a person and	73451
pertaining to the person's mental health condition, assessment,	73452
provision of care or treatment, or payment for assessment, care or	73453
treatment that are maintained in connection with any services	73454
certified by the department of mental health and addiction	73455
services, or any hospitals or facilities licensed or operated by	73456
the department, shall be kept confidential and shall not be	73457
disclosed by any person except:	73458

(1) If the person identified, or the person's legal guardian,	73459
if any, or if the person is a minor, the person's parent or legal	73460
guardian, consents;	73461

(2) When disclosure is provided for in this chapter or	73462
Chapter 340. or 5122., or Title XLVII of the Revised Code;	73463

(3) That hospitals, boards of alcohol, drug addiction, and	73464
mental health services, licensed facilities, and community mental	73465
health services providers may release necessary information to	73466
insurers and other third-party payers, including government	73467
entities responsible for processing and authorizing payment, to	73468
obtain payment for goods and services furnished to the person;	73469

(4) Pursuant to a court order signed by a judge;

73470

(5) That a person shall be granted access to the person's own	73471
psychiatric and medical records, unless access specifically is	73472
restricted in a person's treatment plan for clear treatment	73473
reasons;	73474

(6) That the department of mental health and addiction	73475
services may exchange psychiatric records and other pertinent	73476
information with community mental health services providers and	73477
boards of alcohol, drug addiction, and mental health services	73478
relating to the person's care or services. Records and information	73479
that may be exchanged pursuant to this division shall be limited	73480
to medication history, physical health status and history,	73481
financial status, summary of course of treatment, summary of	73482
treatment needs, and a discharge summary, if any.	73483

(7) That the department of mental health and addiction	73484
services, hospitals and community providers operated by the	73485
department, hospitals licensed by the department under section	73486
5119.33 of the Revised Code, and community mental health services	73487
providers may exchange psychiatric records and other pertinent	73488
information with payers and other providers of treatment and	73489
health services if the purpose of the exchange is to facilitate	73490
continuity of care for the person or for the emergency treatment	73491
of the person;	73492

(8) That the department of mental health and addiction	73493
services and community mental health services providers may	73494
exchange psychiatric records and other pertinent information with	73495
boards of alcohol, drug addiction, and mental health services for	73496
purposes of any board function set forth in Chapter 340. of the	73497
Revised Code. Boards of alcohol, drug addiction, and mental health	73498
services shall not access any personal information from the	73499
department or providers except as required or permitted by this	73500
section, or Chapter 340. or 5122. of the Revised Code for purposes	73501
related to payment, care coordination, health care operations,	73502
program and service evaluation, reporting activities, research,	73503
system administration, oversight, or other authorized purposes.	73504

(9) That a person's family member who is involved in the	73505
provision, planning, and monitoring of services to the person may	73506
receive medication information, a summary of the person's	73507
diagnosis and prognosis, and a list of the services and personnel	73508
available to assist the person and the person's family, if the	73509
person's treatment provider determines that the disclosure would	73510
be in the best interests of the person. No such disclosure shall	73511
be made unless the person is notified first and receives the	73512
information and does not object to the disclosure.	73513

(10) That community mental health services providers may	73514
exchange psychiatric records and certain other information with	73515
the board of alcohol, drug addiction, and mental health services	73516
and other providers in order to provide services to a person	73517
involuntarily committed to a board. Release of records under this	73518
division shall be limited to medication history, physical health	73519
status and history, financial status, summary of course of	73520
treatment, summary of treatment needs, and discharge summary, if	73521
any.	73522

(11) That information may be disclosed to the executor or the	73523
administrator of an estate of a deceased person when the	73524
information is necessary to administer the estate;	73525

(12) That information may be disclosed to staff members of	73526
the appropriate board or to staff members designated by the	73527
director of mental health and addiction services for the purpose	73528
of evaluating the quality, effectiveness, and efficiency of	73529
services and determining if the services meet minimum standards.	73530
Information obtained during such evaluations shall not be retained	73531
with the name of any person.	73532

(13) That records pertaining to the person's diagnosis,	73533
course of treatment, treatment needs, and prognosis shall be	73534
disclosed and released to the appropriate prosecuting attorney if	73535
the person was committed pursuant to section 2945.38, 2945.39,	73536
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	73537
attorney designated by the board for proceedings pursuant to	73538
involuntary commitment under Chapter 5122. of the Revised Code.	73539

(14) That the department of mental health and addiction	73540
services may exchange psychiatric hospitalization records, other	73541
mental health treatment records, and other pertinent information	73542
with the department of rehabilitation and correction and with the	73543
department of youth services to ensure continuity of care for	73544
inmates and offenders who are receiving mental health services in	73545
an institution of the department of rehabilitation and correction	73546
or the department of youth services and may exchange psychiatric	73547
hospitalization records, other mental health treatment records,	73548
and other pertinent information with boards of alcohol, drug	73549
addiction, and mental health services and community mental health	73550
services providers to ensure continuity of care for inmates or	73551
offenders who are receiving mental health services in an	73552
institution and are scheduled for release within six months. The	73553
release of records under this division is limited to records	73554
regarding an inmate's or offender's medication history, physical	73555
health status and history, summary of course of treatment, summary	73556
of treatment needs, and a discharge summary, if any.	73557

(15) That a community mental health services provider that	73558
ceases to operate may transfer to either a community mental health	73559
services provider that assumes its caseload or to the board of	73560
alcohol, drug addiction, and mental health services of the service	73561
district in which the person resided at the time services were	73562
most recently provided any treatment records that have not been	73563
transferred elsewhere at the person's request.	73564

(B) Before records are disclosed pursuant to divisions	73565
(A)(3), (6), and (10) of this section, the custodian of the	73566
records shall attempt to obtain the person's consent for the	73567
disclosure.	73568

(C) No person shall reveal the content of a medical record of	73569
a person that is confidential pursuant to this section, except as	73570
authorized by law.	73571

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	73572
department of ~~mental health~~mental health and addiction services,	73573
in conjunction with boards of alcohol, drug addiction, and mental	73574
health services and community mental health boards, shall develop	73575
a coordinated system for tracking and monitoring persons found not	73576
guilty by reason of insanity and committed pursuant to section	73577
2945.40 of the Revised Code who have been granted a conditional	73578
release and persons found incompetent to stand trial and committed	73579
pursuant to section 2945.39 of the Revised Code who have been	73580
granted a conditional release. The system shall do all of the	73581
following:	73582

(A) Centralize responsibility for the tracking of those	73583
persons;	73584

(B) Develop uniformity in monitoring those persons;

73585

(C) Develop a mechanism to allow prompt rehospitalization,	73586
reinstitutionalization, or detention when a violation of the	73587
conditional release or decompensation occurs.	73588

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	73589
~~addiction services~~mental health and addiction services promptly	73590
shall develop and maintain a program that continually provides the	73591
courts of this state with relevant information pertaining to	73592
~~alcohol and drug~~ addiction services and programs available both	73593
within their jurisdictions and statewide in order to facilitate	73594
the ability of the courts to utilize treatment and rehabilitation	73595
alternatives in addition to or in lieu of imposing sentences of	73596
imprisonment upon appropriate offenders.	73597

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	73598
health and addiction services may examine into, with or without	73599
expert assistance, the question of the mental and physical	73600
condition of any person committed to or involuntarily confined in	73601
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	73602
any place within this state by reason of alleged mental illness	73603
and may order and compel the discharge of any such person who is	73604
not a mentally ill person subject to hospitalization by court	73605
order as defined in division (B) of section 5122.01 of the Revised	73606
Code and direct what disposition shall be made of ~~him~~the person.	73607
The order of discharge shall be signed by the director of ~~mental~~	73608
~~health~~mental health and addiction services. Upon receipt of such	73609
order by the superintendent or other person in charge of the	73610
building in which the person named in such order is confined, such	73611
person shall forthwith be discharged or otherwise disposed of	73612
according to the terms of said order, and any further or other	73613
detention of such person is unlawful. No such order shall be made	73614
in favor of any person committed and held for trial on a criminal	73615
charge, in confinement by an order of a judge or court made in a	73616
criminal proceeding, or in any case unless notice is given to the	73617
superintendent or other person having charge of the building in	73618
which the alleged mentally ill person is detained, and a	73619
reasonable opportunity is allowed the person in charge to justify	73620
further detention of the person confined.	73621

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	73622
health and addiction services is hereby designated as the state	73623
administrative agency for the ~~alcohol, drug abuse and mental~~	73624
~~health services~~substance abuse prevention treatment block grant	73625
and the community mental health services block grant authorized by	73626
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	73627
300x, as amended, and similar alcohol, drug abuse, or mental	73628
health programs that are specified in an appropriations act. ~~The~~	73629
~~department shall establish and administer an annual plan to~~	73630
~~utilize federal block grant funds. The department shall consult~~	73631
~~with the department of alcohol and drug addiction services on the~~	73632
~~allocation of funds for alcohol and drug addiction services~~	73633
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	73634
~~controlling board, which shall authorize the transfer of funds~~	73635
~~allocated to the department of alcohol and drug addiction~~	73636
~~services.~~	73637

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	73638
health and addiction services shall inspect and license all	73639
hospitals that receive mentally ill persons, except those	73640
hospitals managed by the department. No hospital may receive for	73641
care or treatment, either at public or private expense, any person	73642
who is or appears to be mentally ill, whether or not so	73643
adjudicated, unless the hospital has received a license from the	73644
department authorizing it to receive for care or treatment persons	73645
who are mentally ill or the hospital is managed by the department.	73646

No such license shall be granted to a hospital for the	73647
treatment of mentally ill persons unless the department is	73648
satisfied, after investigation, that the hospital is managed and	73649
operated by qualified persons and has on its staff one or more	73650
qualified physicians responsible for the medical care of the	73651
patients confined there. At least one such physician shall be a	73652
psychiatrist.	73653

The department shall adopt rules under Chapter 119. of the	73654
Revised Code prescribing minimum standards for the operation of	73655
hospitals for the care and treatment of mentally ill persons and	73656
establishing standards and procedures for the issuance, renewal,	73657
or revocation of full, probationary, and interim licenses. No	73658
license shall be granted to any hospital established or used for	73659
the care of mentally ill persons unless such hospital is operating	73660
in accordance with this section and rules adopted pursuant to this	73661
section. A full license shall expire one year after the date of	73662
issuance, a probationary license shall expire at the time	73663
prescribed by rule adopted pursuant to Chapter 119. of the Revised	73664
Code by the director of ~~mental health~~mental health and addiction	73665
services, and an interim license shall expire ninety days after	73666
the date of issuance. A full, probationary, or interim license may	73667
be renewed, except that an interim license may be renewed only	73668
twice. The department may fix reasonable fees for licenses and for	73669
license renewals. Such hospitals are subject to inspection and	73670
~~visitation~~on-site review by the department.	73671

Except as otherwise provided in Chapter 5122. of the Revised	73672
Code, neither the director of ~~the department of mental health~~	73673
mental health and addiction services; an employee of the	73674
department; a board of alcohol, drug addiction, and mental health	73675
services or ~~agency~~ employee of a community mental health services	73676
provider; nor any other public official shall hospitalize any	73677
mentally ill person for care or treatment in any hospital that is	73678
not licensed in accordance with this section.	73679

Any license issued by the department under this section may	73680
be revoked by the department for any of the following reasons:	73681

(A) The hospital is no longer a suitable place for the care	73682
or treatment of mentally ill persons.	73683

(B) The hospital refuses to be subject to inspection or	73684
~~visitation~~on-site review by the department.	73685

(C) The hospital has failed to furnish humane, kind, and	73686
adequate treatment and care.	73687

(D) The hospital fails to comply with the licensure rules of	73688
the department.	73689

The department may inspect, ~~visit~~conduct an on-site review,	73690
and review the records of any hospital that the department has	73691
reason to believe is operating without a license.	73692

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	73693
mental health and addiction services determines that a hospital	73694
not licensed by the department is receiving for care or treatment	73695
any person who is or appears to be mentally ill, the department	73696
may request in writing that the attorney general petition the	73697
court of common pleas in the county where the hospital is located	73698
to enjoin the hospital from continued operation in violation of	73699
section ~~5119.20~~5119.33 of the Revised Code.	73700

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	73701
or indirectly reimburse, nor shall any person be obligated to pay	73702
any hospital for psychiatric services for which a license is	73703
required under section ~~5119.20~~5119.33 of the Revised Code unless	73704
the hospital is licensed by the department of ~~mental health~~mental	73705
health and addiction services.	73706

As used in this section, "third-party payer" means a health	73707
insuring corporation licensed under Chapter 1751. of the Revised	73708
Code, an insurance company that issues sickness and accident	73709
insurance in conformity with Chapter 3923. of the Revised Code, a	73710
state-financed health insurance program under Chapter 3701.,	73711
4123., or 5101. of the Revised Code, or any self-insurance plan.	73712

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	73713
hospital for the care or treatment of mentally ill persons unless	73714
it is licensed by the department of ~~mental health~~mental health	73715
and addiction services, as provided by section ~~5119.20~~5119.33 of	73716
the Revised Code.	73717

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	73718
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	73719
Code:	73720

(1) "Accommodations" means housing, daily meal preparation,	73721
laundry, housekeeping, arranging for transportation, social and	73722
recreational activities, maintenance, security, and other services	73723
that do not constitute personal care services or skilled nursing	73724
care.	73725

(2) "ADAMHS board" means a board of alcohol, drug addiction,	73726
and mental health services.	73727

(3) "Adult" means a person who is eighteen years of age or	73728
older, other than a person described in division (A)(4) of this	73729
section who is between eighteen and twenty-one years of age.	73730

(4) "Child" means a person who is under eighteen years of age	73731
or a person with a mental disability who is under twenty-one years	73732
of age.	73733

(5) "Community mental health ~~agency~~services provider" means	73734
a community mental health ~~agency~~services provider as defined in	73735
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	73736

(6) "Community mental health services" means any ~~of the~~	73737
mental health services ~~listed in~~certified by the department	73738
pursuant to section ~~340.09~~5119.36 of the Revised Code.	73739

(7) "Operator" means the person or persons, firm,	73740
partnership, agency, governing body, association, corporation, or	73741
other entity that is responsible for the administration and	73742
management of a residential facility and that is the applicant for	73743
a residential facility license.	73744

(8) "Personal care services" means services including, but	73745
not limited to, the following:	73746

(a) Assisting residents with activities of daily living;

73747

(b) Assisting residents with self-administration of	73748
medication in accordance with rules adopted under this section;	73749

(c) Preparing special diets, other than complex therapeutic	73750
diets, for residents pursuant to the instructions of a physician	73751
or a licensed dietitian, in accordance with rules adopted under	73752
this section.	73753

"Personal care services" does not include "skilled nursing	73754
care" as defined in section 3721.01 of the Revised Code. A	73755
facility need not provide more than one of the services listed in	73756
division (A)(8) of this section to be considered to be providing	73757
personal care services.	73758

(9) "Residential facility" means a publicly or privately	73759
operated home or facility that provides one of the following:	73760

(a) Accommodations, supervision, personal care services, and	73761
community mental health services for one or more ~~of the following~~	73762
unrelated ~~persons~~adults with mental illness or severe mental	73763
disabilities or to one or more unrelated children and adolescents	73764
with a serious emotional disturbance or who are in need of mental	73765
health services who are referred by or are receiving community	73766
mental health services from a community mental health ~~agency,~~	73767
services provider, hospital, or practitioner:	73768

~~(i) Adults with mental illness;~~

73769

~~(ii) Persons of any age with severe mental disabilities;~~

73770

~~(iii) Children with serious emotional disturbances or in need~~	73771
~~of mental health services~~.	73772

(b) Accommodations, supervision, and personal care services	73773
~~for only one or two unrelated adults; accommodations, supervision,~~	73774
~~and personal care services for three to sixteen unrelated adults;~~	73775
~~or accommodations, supervision, and personal care services for one~~	73776
~~or two of the following unrelated persons:~~	73777

~~(i) Persons of any age with mental illness who are referred~~	73778
~~by or are receiving community mental health services from a~~	73779
~~community mental health agency, hospital, or practitioner;~~	73780

~~(ii) Persons of any age with severe mental disabilities who~~	73781
~~are referred by or are receiving community mental health services~~	73782
~~from a community mental health agency, hospital, or practitioner~~	73783
to any of the following:	73784

(i) One or two unrelated persons with mental illness or	73785
persons with severe mental disabilities who are referred by or are	73786
receiving mental health services from a community mental health	73787
services provider, hospital, or practitioner;	73788

(ii) One or two unrelated adults who are receiving	73789
residential state supplement payments;	73790

(iii) Three to sixteen unrelated adults.

73791

(c) Room and board for five or more ~~of the following~~	73792
unrelated ~~persons:~~	73793

~~(i) Adults~~adults with mental illness or severe mental	73794
disability who are referred by or are receiving community mental	73795
health services from a community mental health ~~agency,~~services	73796
provider, hospital, or practitioner;	73797

~~(ii) Adults with severe mental disabilities who are referred~~	73798
~~by or are receiving community mental health services from a~~	73799
~~community mental health agency, hospital, or practitioner~~.	73800

(10) "Residential facility" does not include any of the	73801
following:	73802

(a) A hospital subject to licensure under section ~~5119.20~~	73803
5119.33 of the Revised Code;	73804

(b) A residential facility licensed under section 5123.19 of	73805
the Revised Code or otherwise regulated by the department of	73806
developmental disabilities;	73807

(c) An institution or association subject to certification	73808
under section 5103.03 of the Revised Code;	73809

(d) A facility operated by a hospice care program licensed	73810
under section 3712.04 of the Revised Code that is used exclusively	73811
for care of hospice patients;	73812

(e) ~~A facility operated by a pediatric respite care program~~	73813
~~licensed under section 3712.041 of the Revised Code that is used~~	73814
~~exclusively for care of pediatric respite care patients;~~	73815

~~(f)~~ A nursing home, residential care facility, or home for	73816
the aging as defined in section 3721.02 of the Revised Code;	73817

~~(g) An alcohol~~(f) Alcohol or drug addiction ~~program as~~	73818
~~defined in~~services certified pursuant to section ~~3793.01~~5119.36	73819
of the Revised Code;	73820

~~(h)~~(g) A facility licensed to provide methadone treatment	73821
under section ~~3793.11~~5119.39 of the Revised Code;	73822

~~(i)~~(h) Any facility that receives funding for operating costs	73823
from the ~~department of~~ development services agency under any	73824
program established to provide emergency shelter housing or	73825
transitional housing for the homeless;	73826

~~(j)~~(i) A terminal care facility for the homeless that has	73827
entered into an agreement with a hospice care program under	73828
section 3712.07 of the Revised Code;	73829

~~(k)~~(j) A facility approved by the veterans administration	73830
under section 104(a) of the "Veterans Health Care Amendments of	73831
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	73832
exclusively for the placement and care of veterans.	73833

(11) "Room and board" means the provision of sleeping and	73834
living space, meals or meal preparation, laundry services,	73835
housekeeping services, or any combination thereof.	73836

(12) "Residential state supplement" means the program	73837
administered under section 5119.41 of the Revised Code and related	73838
provisions of the Administrative Code under which the state	73839
supplements the supplemental security income payments received by	73840
aged, blind, or disabled adults under Title XVI of the Social	73841
Security Act. Residential state supplement payments are used for	73842
the provision of accommodations, supervision, and personal care	73843
services to supplemental security income recipients the department	73844
of mental health and addition services determines are at risk of	73845
needing institutional care.	73846

(13) "Supervision" means any of the following:

73847

(a) Observing a resident to ensure the resident's health,	73848
safety, and welfare while the resident engages in activities of	73849
daily living or other activities;	73850

(b) Reminding a resident to perform or complete an activity,	73851
such as reminding a resident to engage in personal hygiene or	73852
other self-care activities;	73853

73854

~~(13)~~(14) "Unrelated" means that a resident is not related to	73855
the owner or operator of a residential facility or to the owner's	73856
or operator's spouse as a parent, grandparent, child, stepchild,	73857
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	73858
the child of an aunt or uncle.	73859

(B) Nothing in division (A)(9) of this section shall be	73860
construed to permit personal care services to be imposed on a	73861
resident who is capable of performing the activity in question	73862
without assistance.	73863

(C) Except in the case of a residential facility described in	73864
division (A)(9)(a) of this section, members of the staff of a	73865
residential facility shall not administer medication to the	73866
facility's residents, but may do any of the following:	73867

(1) Remind a resident when to take medication and watch to	73868
ensure that the resident follows the directions on the container;	73869

(2) Assist a resident in the self-administration of	73870
medication by taking the medication from the locked area where it	73871
is stored, in accordance with rules adopted pursuant to this	73872
section, and handing it to the resident. If the resident is	73873
physically unable to open the container, a staff member may open	73874
the container for the resident.	73875

(3) Assist a physically impaired but mentally alert resident,	73876
such as a resident with arthritis, cerebral palsy, or Parkinson's	73877
disease, in removing oral or topical medication from containers	73878
and in consuming or applying the medication, upon request by or	73879
with the consent of the resident. If a resident is physically	73880
unable to place a dose of medicine to the resident's mouth without	73881
spilling it, a staff member may place the dose in a container and	73882
place the container to the mouth of the resident.	73883

(D)(1) Except as provided in division (D)(2) of this section,	73884
a person operating or seeking to operate a residential facility	73885
shall apply for licensure of the facility to the department of	73886
~~mental health~~mental health and addiction services. The	73887
application shall be submitted by the operator. When applying for	73888
the license, the applicant shall pay to the department the	73889
application fee specified in rules adopted under division ~~(L)~~(K)	73890
of this section. The fee is nonrefundable.	73891

The department shall send a copy of an application to the	73892
ADAMHS board serving the county in which the person operates or	73893
seeks to operate the facility. The ADAMHS board shall review the	73894
application and provide to the department any information about	73895
the applicant or the facility that the board would like the	73896
department to consider in reviewing the application.	73897

(2) A person may not apply for a license to operate a	73898
residential facility if the person is or has been the owner,	73899
operator, or manager of a residential facility for which a license	73900
to operate was revoked or for which renewal of a license was	73901
refused for any reason other than nonpayment of the license	73902
renewal fee, unless both of the following conditions are met:	73903

(a) A period of not less than two years has elapsed since the	73904
date the director of ~~mental health~~mental health and addiction	73905
services issued the order revoking or refusing to renew the	73906
facility's license.	73907

(b) The director's revocation or refusal to renew the license	73908
was not based on an act or omission at the facility that violated	73909
a resident's right to be free from abuse, neglect, or	73910
exploitation.	73911

(E)(1) ~~Any person may operate a residential facility~~	73912
~~providing accommodations and personal care services for one to~~	73913
~~five unrelated persons and licensed as a residential facility that~~	73914
~~meets the criteria specified in division (A)(9)(b) of this section~~	73915
~~as a permitted use in any residential district or zone, including~~	73916
~~any single-family residential district or zone of any political~~	73917
~~subdivision. Such facilities may be required to comply with area,~~	73918
~~height, yard, and architectural compatibility requirements that~~	73919
~~are uniformly imposed upon all single-family residences within the~~	73920
~~district or zone.~~	73921

~~(2) Any person may operate a residential facility providing~~	73922
~~accommodations and personal care services for six to sixteen~~	73923
~~persons and licensed as a residential facility that meets the~~	73924
~~criteria specified in division (A)(9)(b) of this section as a~~	73925
~~permitted use in any multiple-family residential district or zone~~	73926
~~of any political subdivision, except that a political subdivision~~	73927
~~that has enacted a zoning ordinance or resolution establishing~~	73928
~~planned-unit development districts as defined in section 519.021~~	73929
~~of the Revised Code may exclude such facilities from such~~	73930
~~districts, and a political subdivision that has enacted a zoning~~	73931
~~ordinance or resolution may regulate such facilities in~~	73932
~~multiple-family residential districts or zones as a conditionally~~	73933
~~permitted use or special exception, in either case, under~~	73934
~~reasonable and specific standards and conditions set out in the~~	73935
~~zoning ordinance or resolution to:~~	73936

~~(a) Require the architectural design and site layout of the~~	73937
~~home and the location, nature, and height of any walls, screens,~~	73938
~~and fences to be compatible with adjoining land uses and the~~	73939
~~residential character of the neighborhood;~~	73940

~~(b) Require compliance with yard, parking, and sign~~	73941
~~regulation.~~	73942

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	73943
~~any right of a political subdivision to permit a person to operate~~	73944
~~a residential facility licensed under this section in a~~	73945
~~single-family residential district or zone under conditions~~	73946
~~established by the political subdivision.~~	73947

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	73948
~~section and except as provided in division (E)(4)(b) of this~~	73949
~~section, a political subdivision that has enacted a zoning~~	73950
~~ordinance or resolution may limit the excessive concentration of~~	73951
~~licensed residential facilities that meet the criteria specified~~	73952
~~in division (A)(9)(b) of this section.~~	73953

~~(b) Division (E)(4)(a) of this section does not authorize a~~	73954
~~political subdivision to prevent or limit the continued existence~~	73955
~~and operation of residential facilities existing and operating on~~	73956
~~September 10, 2012, and that meet the criteria specified in~~	73957
~~division (A)(9)(b) of this section. A political subdivision may~~	73958
~~consider the existence of such facilities for the purpose of~~	73959
~~limiting the excessive concentration of such facilities that meet~~	73960
~~the criteria specified in division (A)(9)(b) of this section that~~	73961
~~are not existing and operating on September 10, 2012.~~	73962

~~(F)(1)~~ The department of ~~mental health~~mental health and	73963
addiction services shall inspect and license the operation of	73964
residential facilities. The department shall consider the past	73965
record of the facility and the applicant or licensee in arriving	73966
at its licensure decision.	73967

The department may issue full, probationary, and interim	73968
licenses. A full license shall expire ~~two~~up to three years after	73969
the date of issuance, a probationary license shall expire in a	73970
shorter period of time as specified in rules adopted by the	73971
director of mental health under division ~~(L)~~(K) of this section,	73972
and an interim license shall expire ninety days after the date of	73973
issuance. A license may be renewed in accordance with rules	73974
adopted by the director under division ~~(L)~~(K) of this section. The	73975
renewal application shall be submitted by the operator. When	73976
applying for renewal of a license, the applicant shall pay to the	73977
department the renewal fee specified in rules adopted under	73978
division ~~(L)~~(K) of this section. The fee is nonrefundable.	73979

(2) The department may issue an order suspending the	73980
admission of residents to the facility or refuse to issue or renew	73981
and may revoke a license if it finds the facility is not in	73982
compliance with rules adopted by the director pursuant to division	73983
~~(L)~~(K) of this section or if any facility operated by the	73984
applicant or licensee has been cited for repeated violations of	73985
statutes or rules during the period of previous licenses.	73986
Proceedings initiated to deny applications for full or	73987
probationary licenses or to revoke such licenses are governed by	73988
Chapter 119. of the Revised Code.	73989

~~(G)~~(F) The department may issue an interim license to operate	73990
a residential facility if both of the following conditions are	73991
met:	73992

(1) The department determines that the closing of or the need	73993
to remove residents from another residential facility has created	73994
an emergency situation requiring immediate removal of residents	73995
and an insufficient number of licensed beds are available.	73996

(2) The residential facility applying for an interim license	73997
meets standards established for interim licenses in rules adopted	73998
by the director under division ~~(L)~~(K) of this section.	73999

An interim license shall be valid for ninety days and may be	74000
renewed by the director no more than twice. Proceedings initiated	74001
to deny applications for or to revoke interim licenses under this	74002
division are not subject to Chapter 119. of the Revised Code.	74003

~~(H)~~(G)(1) The department of ~~mental health~~mental health and	74004
addiction services may conduct an inspection of a residential	74005
facility as follows:	74006

(a) Prior to issuance of a license for the facility;

74007

(b) Prior to renewal of the license;

74008

(c) To determine whether the facility has completed a plan of	74009
correction required pursuant to division ~~(H)~~(G)(2) of this section	74010
and corrected deficiencies to the satisfaction of the department	74011
and in compliance with this section and rules adopted pursuant to	74012
it;	74013

(d) Upon complaint by any individual or agency;

74014

(e) At any time the director considers an inspection to be	74015
necessary in order to determine whether the facility is in	74016
compliance with this section and rules adopted pursuant to this	74017
section.	74018

(2) In conducting inspections the department may conduct an	74019
on-site examination and evaluation of the residential facility and	74020
its personnel, activities, and services. The department shall have	74021
access to examine and copy all records, accounts, and any other	74022
documents relating to the operation of the residential facility,	74023
including records pertaining to residents, and shall have access	74024
to the facility in order to conduct interviews with the operator,	74025
staff, and residents. Following each inspection and review, the	74026
department shall complete a report listing any deficiencies, and	74027
including, when appropriate, a time table within which the	74028
operator shall correct the deficiencies. The department may	74029
require the operator to submit a plan of correction describing how	74030
the deficiencies will be corrected.	74031

~~(I)~~(H) No person shall do any of the following:

74032

(1) Operate a residential facility unless the facility holds	74033
a valid license;	74034

(2) Violate any of the conditions of licensure after having	74035
been granted a license;	74036

(3) Interfere with a state or local official's inspection or	74037
investigation of a residential facility;	74038

(4) Violate any of the provisions of this section or any	74039
rules adopted pursuant to this section.	74040

~~(J)~~(I) The following may enter a residential facility at any	74041
time:	74042

(1) Employees designated by the director of ~~mental health~~	74043
mental health and addiction services;	74044

(2) Employees of an ADAMHS board under either of the	74045
following circumstances:	74046

(a) When a resident of the facility is receiving services	74047
from a community mental health ~~agency~~services provider under	74048
contract with that ADAMHS board or another ADAMHS board;	74049

(b) When authorized by section 340.05 of the Revised Code.

74050

(3) Employees of a community mental health ~~agency~~services	74051
provider under either of the following circumstances:	74052

(a) When the ~~agency~~services provider has a ~~client~~person	74053
receiving services residing in the facility;	74054

(b) When the ~~agency~~services provider is acting as an agent	74055
of an ADAMHS board other than the board with which it is under	74056
contract.	74057

(4) Representatives of the state long-term care ~~ombudsperson~~	74058
ombudsman program when the facility provides accommodations,	74059
supervision, and personal care services for three to sixteen	74060
unrelated adults or to one or two unrelated adults who are	74061
recipients under the residential state supplement program.	74062

The persons specified in division ~~(J)~~(I) of this section	74063
shall be afforded access to examine and copy all records,	74064
accounts, and any other documents relating to the operation of the	74065
residential facility, including records pertaining to residents.	74066

~~(K)~~(J) Employees of the department of ~~mental health~~mental	74067
health and addiction services may enter, for the purpose of	74068
investigation, any institution, residence, facility, or other	74069
structure which has been reported to the department as, or that	74070
the department has reasonable cause to believe is, operating as a	74071
residential facility without a valid license.	74072

~~(L)~~(K) The director shall adopt and may amend and rescind	74073
rules pursuant to Chapter 119. of the Revised Code governing the	74074
licensing and operation of residential facilities. The rules shall	74075
establish all of the following:	74076

(1) Minimum standards for the health, safety, adequacy, and	74077
cultural competency of treatment of and services for persons in	74078
residential facilities;	74079

(2) Procedures for the issuance, renewal, or revocation of	74080
the licenses of residential facilities;	74081

(3) Procedures for conducting criminal records checks for	74082
prospective or current operators, ~~staff~~employees, and ~~other~~	74083
~~individuals~~volunteers who~~, if employed by a residential~~	74084
~~facility, would~~may have ~~unsupervised~~direct access to facility	74085
residents;	74086

(4) The fee to be paid when applying for a new residential	74087
facility license or renewing the license;	74088

(5) Procedures for the operator of a residential facility to	74089
follow when notifying the ADAMHS board serving the county in which	74090
the facility is located when the facility is serving residents	74091
with mental illness or severe mental disability, including the	74092
circumstances under which the operator is required to make such a	74093
notification;	74094

(6) Procedures for the issuance and termination of orders of	74095
suspension of admission of residents to a residential facility;	74096

(7) Measures to be taken by residential facilities relative	74097
to residents' medication;	74098

(8) Requirements relating to preparation of special diets;

74099

(9) The maximum number of residents who may be served in a	74100
residential facility;	74101

(10) The rights of residents of residential facilities and	74102
procedures to protect such rights;	74103

(11) Procedures for obtaining an affiliation agreement	74104
approved by the board between a residential facility and a	74105
community mental health ~~agency~~services provider;	74106

(12) Standards and procedures under which the director may	74107
waive the requirements of any of the rules adopted.	74108

~~(M)~~(L)(1) The department may withhold the source of any	74109
complaint reported as a violation of this section when the	74110
department determines that disclosure could be detrimental to the	74111
department's purposes or could jeopardize the investigation. The	74112
department may disclose the source of any complaint if the	74113
complainant agrees in writing to such disclosure and shall	74114
disclose the source upon order by a court of competent	74115
jurisdiction.	74116

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	74117
of this section, or any person who participates in an	74118
administrative or judicial proceeding resulting from such a	74119
complaint, is immune from civil liability and is not subject to	74120
criminal prosecution, other than for perjury, unless the person	74121
has acted in bad faith or with malicious purpose.	74122

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	74123
addiction services may petition the court of common pleas of the	74124
county in which a residential facility is located for an order	74125
enjoining any person from operating a residential facility without	74126
a license or from operating a licensed facility when, in the	74127
director's judgment, there is a present danger to the health or	74128
safety of any of the occupants of the facility. The court shall	74129
have jurisdiction to grant such injunctive relief upon a showing	74130
that the respondent named in the petition is operating a facility	74131
without a license or there is a present danger to the health or	74132
safety of any residents of the facility.	74133

(2) When the court grants injunctive relief in the case of a	74134
facility operating without a license, the court shall issue, at a	74135
minimum, an order enjoining the facility from admitting new	74136
residents to the facility and an order requiring the facility to	74137
assist with the safe and orderly relocation of the facility's	74138
residents.	74139

(3) If injunctive relief is granted against a facility for	74140
operating without a license and the facility continues to operate	74141
without a license, the director shall refer the case to the	74142
attorney general for further action.	74143

~~(O)~~(N) The director may fine a person for violating division	74144
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	74145
a first offense; for each subsequent offense, the fine shall be	74146
one thousand dollars. The director's actions in imposing a fine	74147
shall be taken in accordance with Chapter 119. of the Revised	74148
Code.	74149

Sec. 5119.341. (A) Any person may operate a residential	74150
facility providing accommodations and personal care services for	74151
one to five unrelated persons and licensed as a residential	74152
facility that meets the criteria specified in division (A)(9)(b)	74153
of section 5119.34 of the Revised Code as a permitted use in any	74154
residential district or zone, including any single-family	74155
residential district or zone of any political subdivision. Such	74156
facilities may be required to comply with area, height, yard, and	74157
architectural compatibility requirements that are uniformly	74158
imposed upon all single-family residences within the district or	74159
zone.	74160

(B) Any person may operate a residential facility providing	74161
accommodations and personal care services for six to sixteen	74162
persons and licensed as a residential facility that meets the	74163
criteria specified in division (A)(9)(b) of section 5119.34 of the	74164
Revised Code as a permitted use in any multiple-family residential	74165
district or zone of any political subdivision, except that a	74166
political subdivision that has enacted a zoning ordinance or	74167
resolution establishing planned-unit developments as defined in	74168
section 519.021 of the Revised Code may exclude such facilities	74169
from such districts, and a political subdivision that has enacted	74170
a zoning ordinance or resolution may regulate such facilities in	74171
multiple-family residential districts or zones as a conditionally	74172
permitted use or special exception, in either case, under	74173
reasonable and specific standards and conditions set out in the	74174
zoning ordinance or resolution to:	74175

(1) Require the architectural design and site layout of the	74176
home and the location, nature, and height of any walls, screens,	74177
and fences to be compatible with adjoining land uses and the	74178
residential character of the neighborhood;	74179

(2) Require compliance with yard, parking, and sign	74180
regulation.	74181

(C) Divisions (A) and (B) of this section do not affect any	74182
right of a political subdivision to permit a person to operate a	74183
residential facility licensed under section 5119.34 of the Revised	74184
Code in a single-family residential district or zone under	74185
conditions established by the political subdivision.	74186

(D)(1) Notwithstanding divisions (A) and (B) of this section	74187
and except as provided in division (D)(2) of this section, a	74188
political subdivision that has enacted a zoning ordinance or	74189
resolution may limit the excessive concentration of licensed	74190
residential facilities that meet the criteria specified in	74191
division (A)(9)(b) of section 5119.34 of the Revised Code.	74192

(2) Division (D)(1) of this section does not authorize a	74193
political subdivision to prevent or limit the continued existence	74194
and operation of residential facilities existing and operating on	74195
September 10, 2012, and that meet the criteria specified in	74196
division (A)(9)(b) of section 5119.34 of the Revised Code. A	74197
political subdivision may consider the existence of such	74198
facilities for the purpose of limiting the excessive concentration	74199
of such facilities that meet the criteria specified in division	74200
(A)(9)(b) of section 5119.34 of the Revised Code that are not	74201
existing and operating on September 10, 2012.	74202

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	74203
~~mental health~~mental health and addiction services, the court of	74204
common pleas or the probate court may appoint a receiver to take	74205
possession of and operate a residential facility licensed pursuant	74206
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	74207
existing at the residential facility present a substantial risk of	74208
physical or mental harm to residents and no other remedies at law	74209
are adequate to protect the health, safety, and welfare of the	74210
residents.	74211

Petitions filed pursuant to this section shall include:

74212

(1) A description of the specific conditions existing at the	74213
residential facility which present a substantial risk of physical	74214
or mental harm to residents;	74215

(2) A statement of the absence of other adequate remedies at	74216
law;	74217

(3) The number of individuals residing at the facility;

74218

(4) A statement that the facts have been brought to the	74219
attention of the owner or licensee and that conditions have not	74220
been remedied within a reasonable period of time or that the	74221
conditions, though remedied periodically, habitually exist at the	74222
residential facility as a pattern or practice; and	74223

(5) The name and address of the person holding the license	74224
for the residential facility.	74225

(B) A court in which a petition is filed pursuant to this	74226
section shall notify the person holding the license for the	74227
facility of the filing. The department shall send notice of the	74228
filing to the following, as appropriate: the Ohio protection and	74229
advocacy system as defined in section 5123.60 of the Revised Code;	74230
facility owner; facility operator; board of alcohol, drug	74231
addiction, and mental health services; board of health; department	74232
of developmental disabilities; department of job and family	74233
services; facility residents; and residents' families and	74234
guardians. The court shall provide a hearing on the petition	74235
within five court days of the time it was filed, except that the	74236
court may appoint a receiver prior to that time if it determines	74237
that the circumstances necessitate such action.	74238

Following a hearing on the petition, and upon a determination	74239
that the appointment of a receiver is warranted, the court shall	74240
appoint a receiver and notify the department of ~~mental health~~	74241
mental health and addiction services and appropriate persons of	74242
this action.	74243

In setting forth the powers of the receiver, the court may	74244
generally authorize the receiver to do all that is prudent and	74245
necessary to safely and efficiently operate the residential	74246
facility within the requirements of state and federal law, but	74247
shall require the receiver to obtain court approval prior to	74248
making any single expenditure of more than five thousand dollars	74249
to correct deficiencies in the structure or furnishings of a	74250
facility. The court shall closely review the conduct of the	74251
receiver and shall require regular and detailed reports.	74252

(C) A receivership established pursuant to this section shall	74253
be terminated, following notification of the appropriate parties	74254
and a hearing, if the court determines either of the following:	74255

(1) The residential facility has been closed and the former	74256
residents have been relocated to an appropriate facility;	74257

(2) Circumstances no longer exist at the residential facility	74258
which present a substantial risk of physical or mental harm to	74259
residents, and there is no deficiency in the residential facility	74260
that is likely to create a future risk of harm.	74261

Notwithstanding division (C)(2) of this section, the court	74262
shall not terminate a receivership for a residential facility that	74263
has previously operated under another receivership unless the	74264
responsibility for the operation of the facility is transferred to	74265
an operator approved by the court and the department of ~~mental~~	74266
~~health~~mental health and addiction services.	74267

(D) Except for the department of ~~mental health~~mental health	74268
and addiction services or appropriate board of alcohol, drug	74269
addiction, and mental health services, no party or person	74270
interested in an action shall be appointed a receiver pursuant to	74271
this section.	74272

To assist the court in identifying persons qualified to be	74273
named as receivers, the director of ~~the department of mental~~	74274
~~health~~mental health and addiction services shall maintain a list	74275
of the names of such persons. The department of ~~mental health~~	74276
mental health and addiction services, the department of job and	74277
family services, and the department of health shall provide	74278
technical assistance to any receiver appointed pursuant to this	74279
section.	74280

Before entering upon the duties of receiver, the receiver	74281
must be sworn to perform the duties faithfully, and, with surety	74282
approved by the court, judge, or clerk, execute a bond to such	74283
person, and in such sum as the court or judge directs, to the	74284
effect that such receiver will faithfully discharge the duties of	74285
receiver in the action, and obey the orders of the court therein.	74286

(1) Under the control of the appointing court, a receiver may	74287
do the following:	74288

(a) Bring and defend actions in the appointee's name as	74289
receiver;	74290

(b) Take and keep possession of property.

74291

(2) The court shall authorize the receiver to do the	74292
following:	74293

(a) Collect payment for all goods and services provided to	74294
the residents or others during the period of the receivership at	74295
the same rate as was charged by the licensee at the time the	74296
petition for receivership was filed, unless a different rate is	74297
set by the court;	74298

(b) Honor all leases, mortgages, and secured transactions	74299
governing all buildings, goods, and fixtures of which the receiver	74300
has taken possession, but, in the case of a rental agreement only	74301
to the extent of payments that are for the use of the property	74302
during the period of the receivership, or, in the case of a	74303
purchase agreement, only to the extent that payments come due	74304
during the period of the receivership;	74305

(c) If transfer of residents is necessary, provide for the	74306
orderly transfer of residents by:	74307

(i) Cooperating with all appropriate state and local agencies	74308
in carrying out the transfer of residents to alternative community	74309
placements;	74310

(ii) Providing for the transportation of residents'	74311
belongings and records;	74312

(iii) Helping to locate alternative placements and develop	74313
plans for transfer;	74314

(iv) Encouraging residents or guardians to participate in	74315
transfer planning except when an emergency exists and immediate	74316
transfer is necessary.	74317

(d) Make periodic reports on the status of the residential	74318
facility to the court; the appropriate state agencies; and the	74319
board of alcohol, drug addiction, and mental health services. Each	74320
report shall be made available to residents, their guardians, and	74321
families.	74322

(e) Compromise demands or claims; and

74323

(f) Generally do such acts respecting the residential	74324
facility as the court authorizes.	74325

Notwithstanding any other provision of law, contracts which	74326
are necessary to carry out the powers and duties of the receiver	74327
need not be competitively bid.	74328

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	74329
services provider applicant or community addiction services	74330
provider applicant that seeks certification of its community	74331
mental health services or community addiction services shall	74332
submit an application to the director of ~~mental health~~mental	74333
health and addiction services. On receipt of the application, the	74334
director may ~~visit~~conduct an on-site review and shall evaluate	74335
the ~~agency~~provider to determine whether its services satisfy the	74336
standards established by rules adopted under division ~~(C)~~(E) of	74337
this section. The director shall make the evaluation, and, if the	74338
director ~~visits~~conducts an on-site review of the ~~agency~~	74339
provider, ~~shall~~may make the ~~visit~~review, in cooperation with	74340
the board of alcohol, drug addiction, and mental health services	74341
with which the ~~agency~~provider seeks to contract under division	74342
(A)(8)(a) of section 340.03 of the Revised Code.	74343

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	74344
the director shall determine whether the services of an	74345
~~applicant's community mental health agency~~applicant satisfy the	74346
standards for certification of the services. If the director	74347
determines that a community mental health ~~agency's~~ services	74348
provider's or a community addiction services provider's services	74349
satisfy the standards for certification and the ~~agency~~provider	74350
has paid the fee required under division (D) of this section, the	74351
director shall certify the services. No community mental health	74352
services provider or community addiction services provider shall	74353
be eligible to receive state or federal funds, or funds	74354
administered by an alcohol, drug addiction, and mental health	74355
services board unless its services have been certified by the	74356
department.	74357

(C) If the director determines that a community mental health	74358
~~agency's~~ services provider's or a community addiction services	74359
provider's services do not satisfy the standards for	74360
certification, the director shall identify the areas of	74361
noncompliance, specify what action is necessary to satisfy the	74362
standards, and may offer technical assistance to the provider and	74363
to the board of alcohol, drug addiction, and mental health	74364
services so that the board may assist the ~~agency~~provider in	74365
satisfying the standards. The director shall give the ~~agency~~	74366
provider a reasonable time within which to demonstrate that its	74367
services satisfy the standards or to bring the services into	74368
compliance with the standards. If the director concludes that the	74369
services continue to fail to satisfy the standards, the director	74370
may request that the board reallocate ~~the~~any funds for the	74371
~~community~~ mental health or addiction services the ~~agency~~provider	74372
was to provide to another community mental health ~~agency~~or	74373
addiction services provider whose community mental health or	74374
community addiction services satisfy the standards. If the board	74375
does not reallocate ~~those~~such funds in a reasonable period of	74376
time, the director may withhold state and federal funds for the	74377
~~community mental health~~ services and allocate those funds directly	74378
to a community mental health ~~agency~~or community addiction	74379
services provider whose ~~community mental health~~ services satisfy	74380
the standards.	74381

(D) Each community mental health ~~agency~~services provider or	74382
community addiction services provider seeking certification of its	74383
~~community~~ mental health or addiction services under this section	74384
shall pay a fee for the certification required by this section,	74385
unless the provider is exempt under rules adopted under division	74386
(E) of this section. Fees shall be paid into the state treasury to	74387
the credit of the sale of goods and services fund created pursuant	74388
to section ~~5119.161~~5119.45 of the Revised Code.	74389

(E) The director shall adopt rules in accordance with Chapter	74390
119. of the Revised Code to implement this section. The rules	74391
shall do all of the following:	74392

(1) Establish certification standards for ~~community~~ mental	74393
health services~~, including assertive community treatment and~~	74394
~~intensive home-based mental health services,~~and addiction	74395
services that are consistent with nationally recognized applicable	74396
standards and facilitate participation in federal assistance	74397
programs. The rules shall include as certification standards only	74398
requirements that improve the quality of services or the health	74399
and safety of ~~clients of~~persons receiving community mental health	74400
and addiction services. The standards shall address at a minimum	74401
all of the following:	74402

(a) Reporting major unusual incidents to the director;

74403

(b) Procedures for applicants for and ~~clients of~~persons	74404
receiving community mental health and addiction services to file	74405
grievances and complaints;	74406

74407

(d) Restraint;

74408

(e) Development of written policies addressing the rights of	74409
~~clients~~persons receiving services, including all of the	74410
following:	74411

(i) The right to a copy of the written policies addressing	74412
~~client~~the rights of persons receiving services;	74413

(ii) The right at all times to be treated with consideration	74414
and respect for the ~~client's~~person's privacy and dignity;	74415

(iii) The right to have access to the ~~client's~~person's own	74416
psychiatric, medical, or other treatment records unless access is	74417
specifically restricted in the ~~client's~~person's treatment plan	74418
for clear treatment reasons;	74419

(iv) The right to have a client rights officer provided by	74420
the ~~agency~~services provider or board of alcohol, drug addiction,	74421
and mental health services advise the ~~client~~person of the	74422
~~client's~~person's rights, including the ~~client's~~person's rights	74423
under Chapter 5122. of the Revised Code if the ~~client~~person is	74424
committed to the ~~agency~~provider or board.	74425

(2) ~~Establish standards for qualifications of mental health~~	74426
~~professionals as defined in section 340.02 of the Revised Code and~~	74427
~~personnel who provide the community mental health services;~~	74428

~~(3)~~ Establish the process for certification of community	74429
mental health and addiction services;	74430

~~(4)~~(3) Set the amount of certification review fees ~~based on a~~	74431
~~portion of the cost of performing the review~~;	74432

~~(5)~~(4) Specify the type of notice and hearing to be provided	74433
prior to a decision on whether to reallocate funds.	74434

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	74435
health and addiction services shall require that each board of	74436
alcohol, drug addiction, and mental health services ensure that	74437
each community mental health ~~agency~~services provider and	74438
community addiction services provider with which it contracts	74439
under division (A)(8)(a) of section 340.03 of the Revised Code to	74440
provide community mental health or addiction services establish	74441
grievance procedures consistent with rules adopted under section	74442
~~5119.611~~5119.36 of the Revised Code that are available to all	74443
~~applicants for and clients of the~~persons seeking or receiving	74444
services from a community mental health or addiction services	74445
provider.	74446

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	74447
director of ~~mental health~~mental health and addiction services of	74448
whether the services of a community mental health ~~agency~~services	74449
provider or a community addiction services provider satisfy the	74450
standards for certification under section ~~5119.611~~5119.36 of the	74451
Revised Code, the director shall accept appropriate accreditation	74452
of an applicant's mental health services, alcohol and drug	74453
addiction services, integrated mental health and alcohol and other	74454
drug addiction services, or integrated mental health and physical	74455
health services, or integrated alcohol and other drug addiction	74456
and physical health services being provided in this state from any	74457
of the following national accrediting organizations as evidence	74458
that the applicant satisfies the standards for certification:	74459

(1) The joint commission;

74460

(2) The commission on accreditation of rehabilitation	74461
facilities;	74462

(3) The council on accreditation.

74463

(B) If the director determines that an applicant's	74464
accreditation is current, is appropriate for the services for	74465
which the applicant is seeking certification, and the applicant	74466
meets any other requirements established under this section or in	74467
rules adopted under this section, the director shall certify the	74468
applicant's services that are accredited. Except as provided in	74469
division (C)(2) of this section, the director shall issue the	74470
certification without further evaluation of the services.	74471

74472

(1) The director may review the accrediting organizations	74473
listed in division (A) of this section to evaluate whether the	74474
accreditation standards and processes used by the organizations	74475
are consistent with service delivery models the director considers	74476
appropriate for mental health services, alcohol or other drug	74477
addiction services, physical health services, or both. The	74478
director may communicate to an accrediting organization any	74479
identified concerns, trends, needs, and recommendations.	74480

(2) The director may ~~visit~~conduct an on-site review or	74481
otherwise evaluate a community mental health ~~agency~~services	74482
provider or a community addiction services provider at any time	74483
based on cause, including complaints made by or on behalf of	74484
~~consumers~~persons receiving services and confirmed or alleged	74485
deficiencies brought to the attention of the director.	74486

(3) The director shall require a community mental health	74487
~~agency~~services provider and a community addiction services	74488
provider to notify the director not later than ten days after any	74489
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	74490
provider may notify the director by providing a copy of the	74491
relevant document the ~~agency~~provider received from the	74492
accrediting organization.	74493

(4) The director shall require a community mental health	74494
~~agency~~services provider and a community addiction services	74495
provider to submit to the director reports of major unusual	74496
incidents.	74497

(5) The director may require a community mental health ~~agency~~	74498
services provider or a community addiction services provider to	74499
submit to the director cost reports pertaining to the ~~agency~~	74500
provider.	74501

(D) The director shall adopt rules in accordance with Chapter	74502
119. of the Revised Code to implement this section. In adopting	74503
the rules, the director shall do all of the following:	74504

(1) Specify the documentation that must be submitted as	74505
evidence of holding appropriate accreditation;	74506

(2) Establish a process by which the director may review the	74507
accreditation standards and processes used by the national	74508
accrediting organizations listed in division (A) of this section;	74509

(3) Specify the circumstances under which reports of major	74510
unusual incidents and ~~agency~~provider cost reports must be	74511
submitted to the director;	74512

(4) Specify the circumstances under which the director may	74513
~~visit~~conduct an on-site review or otherwise evaluate a community	74514
mental health ~~agency~~services provider and a community addiction	74515
services provider for cause;	74516

(5) Establish a process by which the director, based on	74517
deficiencies identified as a result of ~~visiting~~conducting an	74518
on-site review or evaluating a community mental health ~~agency~~	74519
services provider or a community addiction services provider under	74520
division (C)(2) of this section, may take any of a range of	74521
corrective actions, with the most stringent being revocation of	74522
the certification of the ~~agency's~~provider's services.	74523

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	74524
used as an alternative to a term of imprisonment for an offender	74525
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	74526
Revised Code, if it is certified by the director of ~~alcohol and~~	74527
~~drug addiction services~~mental health and addiction services	74528
pursuant to this section. No drivers' intervention program shall	74529
be used as an alternative to a term of imprisonment that is	74530
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	74531
section 4511.19 of the Revised Code.	74532

To qualify for certification by the director and to receive	74533
funds from the statewide treatment and prevention fund created by	74534
section 4301.30 of the Revised Code in any amounts and at any	74535
times that the director determines are appropriate, a drivers'	74536
intervention program shall meet state minimum standards that the	74537
director shall establish by rule. The rules shall include, but are	74538
not limited to, standards governing program course hours and	74539
content, qualifications of program personnel, methods of	74540
identifying and testing participants to isolate participants with	74541
alcohol and drug abuse problems, referral of such persons to	74542
~~alcohol and drug~~community addiction ~~programs~~services providers,	74543
the prompt notification of courts by program operators of the	74544
completion of the programs by persons required by courts to attend	74545
them, and record keeping, including methods of tracking	74546
participants for a reasonable time after they have left the	74547
program.	74548

The director shall issue a certificate to any qualified	74549
drivers' intervention program. The certificate is valid for three	74550
years.	74551

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	74552
addiction ~~program~~services provider shall employ methadone	74553
treatment or prescribe, dispense, or administer methadone unless	74554
the program is licensed under this section. No ~~alcohol and drug~~	74555
community addiction ~~program~~services provider licensed under this	74556
section shall maintain methadone treatment in a manner	74557
inconsistent with this section and the rules adopted under it.	74558

(B) ~~An alcohol and drug~~A community addiction ~~program~~	74559
services provider may apply to the department of ~~alcohol and drug~~	74560
~~addiction services~~mental health and addiction services for a	74561
license to maintain methadone treatment. The department shall	74562
review all applications received.	74563

(C) The department may issue a license to maintain methadone	74564
treatment to ~~an alcohol and drug~~community addiction ~~program~~	74565
services provider only if all of the following apply:	74566

(1) The ~~program~~provider is operated by a private, nonprofit	74567
organization or by a government entity;	74568

(2) For at least two years immediately preceding the date of	74569
application, the ~~program~~provider has been fully certified under	74570
section ~~3793.06~~5119.36 of the Revised Code;	74571

(3) The ~~program~~provider has not been denied a license to	74572
maintain methadone treatment or had its license withdrawn or	74573
revoked within the five-year period immediately preceding the date	74574
of application;	74575

(4) It affirmatively appears to the department that the	74576
~~program~~provider is adequately staffed and equipped to maintain	74577
methadone treatment;	74578

(5) It affirmatively appears to the department that the	74579
~~program~~provider will maintain methadone treatment in strict	74580
compliance with section 3719.61 of the Revised Code, all other	74581
laws relating to drug abuse, and the rules adopted by the	74582
department;	74583

(6) Except as provided in division (D) of this section, there	74584
is no public or private school, licensed child day-care center, or	74585
other child-serving agency within a radius of five hundred feet of	74586
the location where the program is to maintain methadone treatment.	74587

(D) The department may waive the requirement of division	74588
(C)(6) of this section if it receives, from each public or private	74589
school, licensed child day-care center, or other child-serving	74590
agency that is within the applicable radius of the location where	74591
the program is to maintain methadone treatment, a letter of	74592
support for the location. The department shall determine whether a	74593
letter of support is satisfactory for purposes of waiving the	74594
requirement.	74595

(E) A license to maintain methadone treatment shall expire	74596
one year from the date of issuance. Licenses may be renewed.	74597

(F) The department shall establish procedures and adopt rules	74598
for licensing, inspection, and supervision of ~~alcohol and drug~~	74599
community addiction ~~programs~~services providers that maintain	74600
methadone treatment. The rules shall establish standards for the	74601
control, storage, furnishing, use, and dispensing of methadone,	74602
prescribe minimum standards for the operation of the methadone	74603
treatment component of the ~~program,~~provider's operations and	74604
comply with federal laws and regulations.	74605

All rules adopted under this division shall be adopted in	74606
accordance with Chapter 119. of the Revised Code. All actions	74607
taken by the department regarding the licensing of ~~programs~~	74608
providers to maintain methadone treatment shall be conducted in	74609
accordance with Chapter 119. of the Revised Code, except as	74610
provided in division (L) of this section.	74611

(G) The department of ~~alcohol and drug addiction services~~	74612
mental health and addiction services shall inspect all ~~alcohol and~~	74613
~~drug~~community addiction ~~programs~~services providers licensed to	74614
maintain methadone treatment. Inspections shall be conducted at	74615
least annually and may be conducted more frequently. No person or	74616
government entity shall interfere with a state or local government	74617
official acting on behalf of the department while conducting an	74618
inspection.	74619

(H) An ~~alcohol and drug~~community addiction ~~program~~services	74620
provider shall not administer or dispense methadone in a tablet,	74621
powder, or intravenous form. Methadone shall be administered or	74622
dispensed only in a liquid form intended for ingestion. A ~~program~~	74623
services provider shall not administer or dispense methadone to an	74624
individual for pain or other medical reasons.	74625

(I) As used in this division, "program sponsor" means a	74626
person who assumes responsibility for the operation and employees	74627
of the methadone treatment component of ~~an alcohol and drug~~a	74628
community addiction ~~program~~services provider.	74629

~~An alcohol and drug~~A community addiction ~~program~~services	74630
provider shall not employ an individual who receives methadone	74631
treatment from that ~~program~~services provider. A program shall not	74632
permit an individual to act as a ~~program~~provider sponsor,	74633
medical director, or director of the ~~program~~provider if the	74634
individual is receiving methadone treatment from any ~~alcohol and~~	74635
~~drug~~community addiction ~~program~~services provider.	74636

(J) The department may issue orders to assure compliance with	74637
section 3719.61 of the Revised Code, all other laws relating to	74638
drug abuse, and the rules adopted under this section. Subject to	74639
section ~~3793.13~~5119.27 of the Revised Code, the department may	74640
hold hearings, require the production of relevant matter, compel	74641
testimony, issue subpoenas, and make adjudications. Upon failure	74642
of a person without lawful excuse to obey a subpoena or to produce	74643
relevant matter, the department may apply to a court of common	74644
pleas for an order compelling compliance.	74645

(K) The department may refuse to issue, or may withdraw or	74646
revoke, a license to maintain methadone treatment. A license may	74647
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	74648
services provider does not meet the requirements of division (C)	74649
of this section. A license may be withdrawn at any time the	74650
department determines that the program no longer meets the	74651
requirements for receiving the license. A license may be revoked	74652
in accordance with division (L) of this section.	74653

In the case of a license issued prior to ~~the effective date~~	74654
~~of this amendment~~December 20, 2012, the department shall not	74655
consider the requirement of division (C)(6) of this section in	74656
determining whether to renew, withdraw, or revoke the license.	74657

(L) If the department of ~~alcohol and drug addiction services~~	74658
mental health and addiction services finds reasonable cause to	74659
believe that ~~an alcohol and drug~~a community addiction ~~program~~	74660
services provider licensed under this section is in violation of	74661
any provision of section 3719.61 of the Revised Code, or of any	74662
other state or federal law or rule relating to drug abuse, the	74663
department may issue an order immediately revoking the license,	74664
subject to division (M) of this section. The department shall set	74665
a date not more than fifteen days later than the date of the order	74666
of revocation for a hearing on the continuation or cancellation of	74667
the revocation. For good cause, the department may continue the	74668
hearing on application of any interested party. In conducting	74669
hearings, the department has all the authority and power set forth	74670
in division (J) of this section. Following the hearing, the	74671
department shall either confirm or cancel the revocation. The	74672
hearing shall be conducted in accordance with Chapter 119. of the	74673
Revised Code, except that the ~~program~~provider shall not be	74674
permitted to maintain methadone treatment pending the hearing or	74675
pending any appeal from an adjudication made as a result of the	74676
hearing. Notwithstanding any provision of Chapter 119. of the	74677
Revised Code to the contrary, a court shall not stay or suspend	74678
any order of revocation issued by the director under this division	74679
pending judicial appeal.	74680

(M) The department shall not revoke a license to maintain	74681
methadone treatment unless all ~~clients~~services recipients	74682
receiving methadone treatment from the ~~alcohol and drug~~community	74683
addiction ~~program~~services provider are provided adequate	74684
substitute treatment. For purposes of this division, the	74685
department may transfer the ~~clients~~services recipients to other	74686
programs licensed to maintain methadone treatment or replace any	74687
or all of the administrators and staff of the ~~program~~provider	74688
with representatives of the department who shall continue on a	74689
provisional basis the methadone treatment component of the	74690
program.	74691

(N) Each time the department receives an application from an	74692
~~alcohol and drug~~a community addiction ~~program~~services provider	74693
for a license to maintain methadone treatment, issues or refuses	74694
to issue a license, or withdraws or revokes a license, the	74695
department shall notify the board of alcohol, drug addiction, and	74696
mental health services of each alcohol, drug addiction, and mental	74697
health service district in which the ~~program is operated~~provider	74698
operates.	74699

(O) Whenever it appears to the department from files, upon	74700
complaint, or otherwise, that ~~an alcohol and drug~~a community	74701
addiction ~~program~~services provider has engaged in any practice	74702
declared to be illegal or prohibited by section 3719.61 of the	74703
Revised Code, or any other state or federal laws or regulations	74704
relating to drug abuse, or when the department believes it to be	74705
in the best interest of the public and necessary for the	74706
protection of the citizens of the state, the department may	74707
request criminal proceedings by laying before the prosecuting	74708
attorney of the proper county any evidence of criminality which	74709
may come to its knowledge.	74710

(P) The department shall maintain a current list of ~~alcohol~~	74711
~~and drug~~community addiction ~~programs~~services providers licensed	74712
by the department under this section and shall provide a copy of	74713
the current list to a judge of a court of common pleas who	74714
requests a copy for the use of the judge under division (H) of	74715
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	74716
~~and drug~~community addiction ~~programs~~services providers shall	74717
identify each licensed ~~program~~provider by its name, its address,	74718
and the county in which it is located.	74719

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	74720
"mentally ill individual" and "specialized services" have the same	74721
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	74722

(B)(1) Except as provided in division (B)(2) of this section	74723
and rules adopted under division (E)(3) of this section, for	74724
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	74725
department of ~~mental health~~mental health and addiction services	74726
shall determine in accordance with ~~section 1919(e)(7) of~~ the	74727
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	74728
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	74729
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	74730
whether, because of the individual's physical and mental	74731
condition, a mentally ill individual seeking admission to a	74732
nursing facility requires the level of services provided by a	74733
nursing facility and, if the individual requires that level of	74734
services, whether the individual requires specialized services for	74735
mental illness. The determination required by this division shall	74736
be based on an independent physical and mental evaluation	74737
performed by a person or entity other than the department.	74738

(2) AExcept as provided in division (B)(3) of this section,	74739
a determination under ~~this~~ division (B)(1) of this section is not	74740
required for any of the following:	74741

(a) An individual seeking readmission to a nursing facility	74742
after having been transferred from a nursing facility to a	74743
hospital for care;	74744

(b) An individual who meets all of the following conditions:

74745

(i) The individual is admitted to the nursing facility	74746
directly from a hospital after receiving inpatient care at the	74747
hospital;	74748

(ii) The individual requires nursing facility services for	74749
the condition for which care in the hospital was received;	74750

(iii) The individual's attending physician has certified,	74751
before admission to the nursing facility, that the individual is	74752
likely to require less than thirty days of nursing facility	74753
services.	74754

(c) An individual transferred from one nursing facility to	74755
another nursing facility, with or without an intervening hospital	74756
stay.	74757

(3) A determination under division (B)(1) of this section is	74758
required for an individual described in division (B)(2)(a) or (b)	74759
of this section if the hospital from which the individual is	74760
transferred or directly admitted to a nursing facility is either	74761
of the following:	74762

(a) A hospital that the department maintains, operates,	74763
manages, and governs under section 5119.14 of the Revised Code for	74764
the care and treatment of mentally ill persons;	74765

(b) A free-standing hospital, or unit of a hospital, licensed	74766
by the department under section 5119.33 of the Revised Code.	74767

(C) Except as provided in rules adopted under division	74768
~~(F)~~(E)(3) of this section, the department of ~~mental health~~mental	74769
health and addiction services shall review and determine for each	74770
resident of a nursing facility who is mentally ill, whether the	74771
resident, because of the resident's physical and mental condition,	74772
requires the level of services provided by a nursing facility and	74773
whether the resident requires specialized services for mental	74774
illness. The review and determination shall be conducted in	74775
accordance with section 1919(e)(7) of the "Social Security Act"	74776
and the regulations adopted under section 1919(f)(8)(A) of the act	74777
and based on an independent physical and mental evaluation	74778
performed by a person or entity other than the department. The	74779
review and determination shall be completed promptly after a	74780
nursing facility has notified the department that there has been a	74781
significant change in the resident's mental or physical condition.	74782

(D)(1) In the case of a nursing facility resident who has	74783
continuously resided in a nursing facility for at least thirty	74784
months before the date of a review and determination under	74785
division (C) of this section, if the resident is determined not to	74786
require the level of services provided by a nursing facility, but	74787
is determined to require specialized services for mental illness,	74788
the department, in consultation with the resident's family or	74789
legal representative and care givers, shall do all of the	74790
following:	74791

(a) Inform the resident of the institutional and	74792
noninstitutional alternatives covered under the state plan for	74793
medical assistance;	74794

(b) Offer the resident the choice of remaining in the nursing	74795
facility or receiving covered services in an alternative	74796
institutional or noninstitutional setting;	74797

(c) Clarify the effect on eligibility for services under the	74798
state plan for medical assistance if the resident chooses to leave	74799
the facility, including its effect on readmission to the facility;	74800

(d) Provide for or arrange for the provision of specialized	74801
services for the resident's mental illness in the setting chosen	74802
by the resident.	74803

(2) In the case of a nursing facility resident who has	74804
continuously resided in a nursing facility for less than thirty	74805
months before the date of the review and determination under	74806
division (C) of this section, if the resident is determined not to	74807
require the level of services provided by a nursing facility, but	74808
is determined to require specialized services for mental illness,	74809
or if the resident is determined to require neither the level of	74810
services provided by a nursing facility nor specialized services	74811
for mental illness, the department shall act in accordance with	74812
its alternative disposition plan approved by the United States	74813
department of health and human services under section	74814
1919(e)(7)(E) of the "Social Security Act."	74815

(3) In the case of an individual who is determined under	74816
division (B) or (C) of this section to require both the level of	74817
services provided by a nursing facility and specialized services	74818
for mental illness, the department of ~~mental health~~mental health	74819
and addiction services shall provide or arrange for the provision	74820
of the specialized services needed by the individual or resident	74821
while residing in a nursing facility.	74822

(E) The department of ~~mental health~~mental health and	74823
addiction services shall adopt rules in accordance with Chapter	74824
119. of the Revised Code that do all of the following:	74825

(1) Establish criteria to be used in making the	74826
determinations required by divisions (B) and (C) of this section.	74827
The criteria shall not exceed the criteria established by	74828
regulations adopted by the United States department of health and	74829
human services under section 1919(f)(8)(A) of the "Social Security	74830
Act."	74831

(2) Specify information to be provided by the individual or	74832
nursing facility resident being assessed;	74833

(3) Specify any circumstances, in addition to circumstances	74834
listed in division (B) of this section, under which determinations	74835
under divisions (B) and (C) of this section are not required to be	74836
made.	74837

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	74838
section ~~5119.691~~5119.411 of the Revised Code:	74839

(1) ~~"Long-term care consultation program" means the program~~	74840
~~the department of aging is required to develop under section~~	74841
~~173.42 of the Revised Code.~~	74842

~~(2) "Long-term care consultation program administrator" or~~	74843
~~"administrator" means the department of aging or, if the~~	74844
~~department contracts with an area agency on aging or other entity~~	74845
~~to administer the long-term care consultation program for a~~	74846
~~particular area, that agency or entity.~~	74847

~~(3)~~ "Nursing facility" has the same meaning as in section	74848
~~5111.20~~5165.01 of the Revised Code.	74849

~~(4)~~(2) "Residential state supplement administrative agency"	74850
means the department of ~~mental health~~mental health and addiction	74851
services or, if the department designates an entity under division	74852
(C) of this section for a particular area, the designated entity.	74853

~~(5)~~(3) "Residential state supplement program" means the	74854
program administered pursuant to this section.	74855

(B) The department of ~~mental health~~mental health and	74856
addiction services shall implement the residential state	74857
supplement program under which the state supplements the	74858
supplemental security income payments received by aged, blind, or	74859
disabled adults under Title XVI of the "Social Security Act," 49	74860
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	74861
state supplement payments shall be used for the provision of	74862
accommodations, supervision, and personal care services to social	74863
security, supplemental security income, and social security	74864
disability insurance recipients who the department determines are	74865
at risk of needing institutional care.	74866

(C) In implementing the program, the department may designate	74867
one or more entities to be responsible for providing	74868
administrative services regarding the program. The department may	74869
designate an entity to be a residential state supplement	74870
administrative agency under this division either by entering into	74871
a contract with the entity to serve in that capacity or by	74872
otherwise delegating to the entity the responsibility to serve in	74873
that capacity.	74874

(D) For an individual to be eligible for residential state	74875
supplement payments, all of the following must be the case:	74876

(1) Except as provided by division (H) of this section, the	74877
individual must reside in one of the following:	74878

(a) A ~~home or~~residential care facility~~, other than a nursing~~	74879
~~home or nursing home unit of a home for the aging,~~ licensed by the	74880
department of health under Chapter 3721. of the Revised Code or an	74881
assisted living program as defined in section 5111.89 of the	74882
Revised Code;	74883

(b) A residential facility as defined in division (A)(9)(b)	74884
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	74885
department of ~~mental health~~mental health and addiction services;	74886

(c) An apartment or room used to provide community mental	74887
health housing services certified by the department of ~~mental~~	74888
~~health~~mental health and addiction services under section ~~5119.611~~	74889
5119.36 of the Revised Code and approved by a board of alcohol,	74890
drug addiction, and mental health services under division (A)(14)	74891
of section 340.03 of the Revised Code.	74892

(2) A residential state supplement administrative agency must	74893
have determined that the environment in which the individual will	74894
be living while receiving the payments is appropriate for the	74895
individual's needs. If the individual is eligible for social	74896
security payments, supplemental security income payments, or	74897
social security disability insurance benefits because of a mental	74898
disability, the residential state supplement administrative agency	74899
shall refer the individual to a community mental health ~~agency~~	74900
services provider for an assessment under division (A) of section	74901
340.091 of the Revised Code.	74902

(3) The individual satisfies all eligibility requirements	74903
established by rules adopted under division (E) of this section.	74904

(E) The ~~directors~~director of ~~mental health~~mental health and	74905
addiction services and ~~job and family services~~medicaid director	74906
shall adopt rules in accordance with section 111.15 of the Revised	74907
Code as necessary to implement the residential state supplement	74908
program.	74909

To the extent permitted by Title XVI of the "Social Security	74910
Act," and any other provision of federal law, the medicaid	74911
director ~~of job and family services~~ may adopt rules establishing	74912
standards for adjusting the eligibility requirements concerning	74913
the level of impairment a person must have so that the amount	74914
appropriated for the program by the general assembly is adequate	74915
for the number of eligible individuals. The rules shall not limit	74916
the eligibility of disabled persons solely on a basis classifying	74917
disabilities as physical or mental. The medicaid director ~~of job~~	74918
~~and family services~~ also may adopt rules that establish	74919
eligibility standards for aged, blind, or disabled individuals who	74920
reside in one of the homes or facilities specified in division	74921
(D)(1) of this section but who, because of their income, do not	74922
receive supplemental security income payments. The rules may	74923
provide that these individuals may include individuals who receive	74924
other types of benefits, including, social security payments or	74925
social security disability insurance benefits provided under Title	74926
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	74927
401, ~~as amended~~et seq. Notwithstanding division (B) of this	74928
section, such payments may be made if funds are available for	74929
them.	74930

The director of ~~mental health~~mental health and addiction	74931
services may adopt rules establishing the method to be used to	74932
determine the amount an eligible individual will receive under the	74933
program. The amount the general assembly appropriates for the	74934
program may be a factor included in the method that director	74935
establishes.	74936

(F) The county department of job and family services of the	74937
county in which an applicant for the residential state supplement	74938
program resides shall determine whether the applicant meets income	74939
and resource requirements for the program.	74940

(G) The department of ~~mental health~~mental health and	74941
addiction services shall maintain a waiting list of any	74942
individuals eligible for payments under this section but not	74943
receiving them because moneys appropriated to the department for	74944
the purposes of this section are insufficient to make payments to	74945
all eligible individuals. An individual may apply to be placed on	74946
the waiting list even though the individual does not reside in one	74947
of the homes or facilities specified in division (D)(1) of this	74948
section at the time of application. The director of ~~mental health~~	74949
mental health and addiction services, by rules adopted in	74950
accordance with Chapter 119. of the Revised Code, may specify	74951
procedures and requirements for placing an individual on the	74952
waiting list and priorities for the order in which individuals	74953
placed on the waiting list are to begin to receive residential	74954
state supplement payments. The rules specifying priorities may	74955
give priority to individuals placed on the waiting list on or	74956
after July 1, 2006, who receive social security payments, social	74957
security disability insurance, or supplemental security income	74958
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	74959
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	74960
not affect the place on the waiting list of any person who was on	74961
the list on July 1, 2006. The rules specifying priorities may also	74962
set additional priorities based on living arrangement, such as	74963
whether an individual resides in a facility listed in division	74964
(D)(1) of this section or has been admitted to a nursing facility.	74965

(H) An individual in a licensed or certified living	74966
arrangement receiving state supplementation on November 15, 1990,	74967
under former section 5101.531 of the Revised Code shall not become	74968
ineligible for payments under this section solely by reason of the	74969
individual's living arrangement as long as the individual remains	74970
in the living arrangement in which the individual resided on	74971
November 15, 1990.	74972

(I) The ~~department of mental health~~county department of job	74973
and family services from which the person is receiving benefits	74974
shall notify each person denied approval for payments under this	74975
section of the person's right to a hearing. On request, the	74976
hearing shall be provided in accordance with Chapter 119. of the	74977
Revised Code.	74978

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	74979
the department of ~~mental health~~mental health and addiction	74980
services, each residential state supplement administrative agency	74981
shall determine whether individuals who reside in the area that	74982
the agency serves and are on a waiting list for the residential	74983
state supplement program have been admitted to a nursing facility.	74984
IfThe department shall have a process in place to ensure that if	74985
a residential state supplement administrative agency determines	74986
that such an individual has been admitted to a nursing facility,	74987
~~the agency shall notify the long-term care consultation program~~	74988
~~administrator serving the area in which the individual resides~~	74989
~~about the determination. The administrator shall determine~~there	74990
shall be a determination whether the residential state supplement	74991
program is appropriate for the individual and whether the	74992
individual would rather participate in the program than continue	74993
residing in the nursing facility. If ~~the administrator determines~~	74994
it is determined that the residential state supplement program is	74995
appropriate for the individual and the individual would rather	74996
participate in the program than continue residing in the nursing	74997
facility, the ~~administrator shall so notify the department of~~	74998
~~mental health. On receipt of the notice from the administrator,~~	74999
~~the~~ department of ~~mental health~~mental health and addiction	75000
services shall approve the individual's enrollment in the	75001
residential state supplement program in accordance with the	75002
priorities specified in rules adopted under division (G) of	75003
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	75004
a waiting list is in place, the department of ~~mental health~~mental	75005
health and addiction services shall certify to the director of	75006
budget and management the estimated increase in costs of the	75007
residential state supplement program resulting from enrollment of	75008
individuals in the program pursuant to this section.	75009

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	75010
nonprofit organization" means a private association, organization,	75011
corporation, or other entity that is tax exempt under section	75012
501(a) and described in section 501(c) of the "Internal Revenue	75013
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	75014

(B) To the extent funds are available and on application by	75015
boards of alcohol, drug addiction, and mental health services, the	75016
director of ~~mental health~~mental health and addiction services may	75017
approve state reimbursement of, or state grants for, community	75018
~~mental health~~ construction programs including residential housing	75019
for severely mentally disabled persons and persons with substance	75020
use disorders. The director may also approve an application for	75021
reimbursement or a grant for such programs submitted by other	75022
governmental entities or by private, nonprofit organizations,	75023
after the application has been reviewed and recommended for	75024
approval or disapproval by the board of alcohol, drug addiction,	75025
and mental health services for the district from which the	75026
application came, and the application is consistent with the plan	75027
submitted by the board under division (A) of section 340.03 of the	75028
Revised Code and the budget and statement of services submitted by	75029
the board under divisions (A) and (B) of section 340.08 of the	75030
Revised Code.	75031

(C)(1) The director of ~~mental health~~mental health and	75032
addiction services shall adopt rules in accordance with Chapter	75033
119. of the Revised Code that specify procedures for applying for	75034
state reimbursement of and state grants for community construction	75035
programs, including residential housing for severely mentally	75036
disabled persons and persons with substance use disorders and	75037
procedures and criteria for approval of such reimbursement and	75038
grants.	75039

(2) The director of ~~mental health~~mental health and addiction	75040
services shall not approve state reimbursement or a state grant	75041
unless all of the following conditions are met:	75042

(a) The applicant includes with the application a plan	75043
specifying the services, in addition to housing, that will be	75044
provided to persons who will reside in the residential housing.	75045
Services specified may include any of the services ~~listed~~	75046
described in section 340.09 of the Revised Code.	75047

(b) The director is satisfied that the residential housing	75048
for severely mentally disabled persons will be developed to	75049
promote the maximum practical integration of severely mentally	75050
disabled persons with persons at the same site who are not	75051
severely mentally disabled.	75052

(c) The use of any funds distributed pursuant to the	75053
reimbursement or grant will not subject any obligation from which	75054
the funds are derived to federal income taxation.	75055

(3) The director may enter into an agreement establishing	75056
terms for any reimbursement or grant approved under this division	75057
with the organization, board, or other government entity that is	75058
the recipient of the reimbursement or grant. Any such agreement is	75059
subject to any covenant or agreement pertaining to any obligation	75060
issued to provide funds for the reimbursement or grant.	75061

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	75062
of alcohol, drug addiction, and mental health services, another	75063
governmental entity, or a private, nonprofit organization that	75064
received a grant or reimbursement under section ~~5119.63~~5119.42 of	75065
the Revised Code for a facility on which the department of ~~mental~~	75066
~~health~~mental health and addiction services holds a security	75067
interest.	75068

(B) A board of alcohol, drug addiction, and mental health	75069
services, another governmental entity, or a private, nonprofit	75070
organization to which this section applies may apply to the	75071
director of ~~mental health~~mental health and addiction services for	75072
approval to sell its facility and acquire, construct, or renovate	75073
a replacement facility pursuant to this section. The director	75074
shall prescribe the form of the application. Before submitting an	75075
application to the director, a governmental entity or private,	75076
nonprofit organization must obtain approval of the application	75077
from the board of alcohol, drug addiction, and mental health	75078
services with jurisdiction over the service district in which the	75079
existing facility is located. The director shall approve an	75080
application for a replacement project upon determining that the	75081
project provides for the continuation of appropriate mental health	75082
and addiction services to the population served by the board,	75083
entity, or organization.	75084

(C) A board, entity, or organization that obtains approval	75085
for a project under division (B) of this section shall pay the	75086
proceeds of the sale of its facility to the director of ~~mental~~	75087
~~health~~mental health and addiction services. The director shall	75088
deposit the proceeds to the credit of the community capital	75089
replacement facilities fund.	75090

(D) When a board, entity, or organization that has sold its	75091
facility notifies the director of ~~mental health~~mental health and	75092
addiction services that it is ready to acquire, construct, or	75093
renovate a replacement facility, the director shall do one of the	75094
following:	75095

(1) If the replacement facility is located in the same	75096
alcohol, drug addiction, and mental health service district as the	75097
original facility, and if the purposes for which the replacement	75098
facility will be used are the same as or similar to those for the	75099
original facility, the director shall pay to the board, entity, or	75100
organization from the community capital replacement facilities	75101
fund an amount equal to the lesser of an amount equal to the	75102
proceeds of the sale of the original facility or the amount of the	75103
state's agreed-upon participation (as a per cent of the total	75104
cost) in the cost of the replacement facility. If the amount of	75105
the state's agreed-upon participation in the cost of the	75106
replacement facility is less than the value of the state's	75107
security interest in the original facility, the difference between	75108
the state's agreed-upon participation in the cost of the	75109
replacement facility and the value of the state's security	75110
interest in the original facility shall be retained in the	75111
community capital replacement facilities fund, and any excess	75112
proceeds shall be paid to the board, entity, or organization.	75113

(2) If the replacement facility is located in a different	75114
alcohol, drug addiction, and mental health service district than	75115
the original facility, or if the purposes for which the	75116
replacement facility will be used are not the same as or similar	75117
to those for the original facility, the director shall request	75118
controlling board approval for release of funds for the project.	75119
If the controlling board so approves, the director shall pay to	75120
the board, entity, or organization from the community capital	75121
replacement facilities fund the lesser of an amount equal to the	75122
proceeds of the sale of the original facility or the amount of the	75123
state's agreed-upon participation (as a per cent of the total	75124
cost) in the cost of the replacement facility. ifIf the amount of	75125
the state's agreed-upon participation in the cost of the	75126
replacement facility is less than the value of the state's	75127
security interest in the original facility, the difference between	75128
the state's agreed-upon participation in the cost of the	75129
replacement facility and the value of the state's security	75130
interest in the original facility shall be retained in the	75131
community capital replacement facilities fund, and any excess	75132
proceeds shall be paid to the board, entity, or organization.	75133

(E) The director of ~~mental health~~mental health and addiction	75134
services and a board, entity, or organization shall enter into an	75135
agreement specifying the terms of any payment made to the board,	75136
entity, or organization under division (D) of this section. The	75137
terms may include provision for the department of ~~mental health~~	75138
mental health and addiction services to hold a security interest	75139
in the facility.	75140

(F)(1) When approving an application under division (B) of	75141
this section, the director of ~~mental health~~mental health and	75142
addiction services shall establish a deadline by which the board,	75143
entity, or organization must notify the director that it is ready	75144
to acquire, construct, or renovate a replacement facility. If the	75145
board, entity, or organization does not notify the director on or	75146
before the deadline, the director may cancel the project. Upon	75147
canceling the project, the director shall pay to the board,	75148
entity, or organization from the community capital replacement	75149
facilities fund an amount equal to the portion of the proceeds of	75150
the sale of the original facility that exceeds the value of the	75151
state's security interest in the facility.	75152

(2) Notwithstanding the deadline established under division	75153
(F)(1) of this section, if at any time a board, entity, or	75154
organization notifies the director that it does not intend to	75155
acquire, construct, or renovate a replacement facility under this	75156
section, the director shall cancel the replacement project and pay	75157
to the board, entity, or organization from the community capital	75158
replacement facilities fund an amount equal to the portion of the	75159
proceeds of the sale of the original facility that exceeds the	75160
value of the state's security interest in the facility.	75161

(G) If a replacement project is canceled after the sale of	75162
the original facility, the director of ~~mental health~~mental health	75163
and addiction services shall use funds equal to the value of the	75164
state's security interest in the original facility for additional	75165
grants or reimbursements under section ~~5119.63~~5119.42 of the	75166
Revised Code. The director shall obtain the approval of the	75167
controlling board before releasing the additional grants or	75168
reimbursements.	75169

(H) The community capital replacement facilities fund is	75170
hereby created in the state treasury. The director of ~~mental~~	75171
~~health~~mental health and addiction services shall use the fund for	75172
the purposes of this section.	75173

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	75174
has the same meaning as in section 2305.2341 of the Revised Code.	75175

(A) The department of ~~mental health~~mental health and	75176
addiction services may provide certain goods and services for the	75177
department of ~~mental health~~mental health and addiction services,	75178
the department of developmental disabilities, the department of	75179
rehabilitation and correction, the department of youth services,	75180
and other state, county, or municipal agencies requesting such	75181
goods and services when the department of ~~mental health~~mental	75182
health and addiction services determines that it is in the public	75183
interest, and considers it advisable, to provide these goods and	75184
services. The department of ~~mental health~~mental health and	75185
addiction services also may provide goods and services to agencies	75186
operated by the United States government and to public or private	75187
nonprofit agencies, other than free clinics, that are funded in	75188
whole or in part by the state if the public or private nonprofit	75189
agencies are designated for participation in this program by the	75190
director of ~~mental health~~mental health and addiction services	75191
for community addiction services providers and community mental	75192
health ~~agencies~~services providers, the director of developmental	75193
disabilities for community mental retardation and developmental	75194
disabilities agencies, the director of rehabilitation and	75195
correction for community rehabilitation and correction agencies,	75196
or the director of youth services for community youth services	75197
agencies.	75198

Designated community agencies or services providers shall	75199
receive goods and services through the department of ~~mental health~~	75200
mental health and addiction services only in those cases where the	75201
designating state agency certifies that providing such goods and	75202
services to the agency or services provider will conserve public	75203
resources to the benefit of the public and where the provision of	75204
such goods and services is considered feasible by the department	75205
of ~~mental health~~mental health and addiction services.	75206

(B) The department of ~~mental health~~mental health and	75207
addiction services may permit free clinics to purchase certain	75208
goods and services to the extent the purchases fall within the	75209
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	75210
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	75211
amended.	75212

(C) The goods and services that may be provided by the	75213
department of ~~mental health~~mental health and addiction services	75214
under divisions (A) and (B) of this section may include:	75215

(1) Procurement, storage, processing, and distribution of	75216
food and professional consultation on food operations;	75217

(2) Procurement, storage, and distribution of medical and	75218
laboratory supplies, dental supplies, medical records, forms,	75219
optical supplies, and sundries, subject to section 5120.135 of the	75220
Revised Code;	75221

(3) Procurement, storage, repackaging, distribution, and	75222
dispensing of drugs, the provision of professional pharmacy	75223
consultation, and drug information services;	75224

(4) Other goods and services.

75225

(D) The department of ~~mental health~~mental health and	75226
addiction services may provide the goods and services designated	75227
in division (C) of this section to its institutions and to	75228
state-operated community-based mental health or addiction services	75229
providers.	75230

(E) After consultation with and advice from the director of	75231
developmental disabilities, the director of rehabilitation and	75232
correction, and the director of youth services, the department of	75233
~~mental health~~mental health and addiction services may provide the	75234
goods and services designated in division (C) of this section to	75235
the department of developmental disabilities, the department of	75236
rehabilitation and correction, and the department of youth	75237
services.	75238

(F) The cost of administration of this section shall be	75239
determined by the department of ~~mental health~~mental health and	75240
addiction services and paid by the agencies, services providers,	75241
or free clinics receiving the goods and services to the department	75242
for deposit in the state treasury to the credit of the ~~mental~~	75243
~~health~~office of support services fund, which is hereby created.	75244
The fund shall be used to pay the cost of administration of this	75245
section to the department.	75246

(G) Whenever a state agency fails to make a payment for goods	75247
and services provided under this section within thirty-one days	75248
after the date the payment was due, the office of budget and	75249
management may transfer moneys from the state agency to the	75250
department of ~~mental health~~mental health and addiction services.	75251
The amount transferred shall not exceed the amount of overdue	75252
payments. Prior to making a transfer under this division, the	75253
office of budget and management shall apply any credits the state	75254
agency has accumulated in payments for goods and services provided	75255
under this section.	75256

(H) Purchases of goods and services under this section are	75257
not subject to section 307.86 of the Revised Code.	75258

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	75259
provided by law, all moneys received by the department of ~~mental~~	75260
~~health~~mental health and addiction services from the sale of goods	75261
and services, including, but not limited to, shared service	75262
agreements with other governmental entities and nongovernmental	75263
entities, employee housing and cafeteria receipts, fees for	75264
copying services, and sales of other tangible personal property	75265
under the department's control, shall be paid into the state	75266
treasury to the credit of the sale of goods and services fund,	75267
which is hereby created. Moneys received by the department	75268
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	75269
be paid into the fund. The department shall use the moneys in the	75270
fund for paying operating expenses of the department.	75271

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	75272
treasury the department of ~~mental health~~mental health and	75273
addiction services trust fund. Not later than the first day of	75274
September of each year, the director of ~~mental health~~mental	75275
health and addiction services shall certify to the director of	75276
budget and management the amount of all of the unexpended,	75277
unencumbered balances of general revenue fund appropriations made	75278
to the department of ~~mental health~~mental health and addiction	75279
services for the previous fiscal year, excluding funds	75280
appropriated for rental payments to the Ohio public facilities	75281
commission. On receipt of the certification, the director of	75282
budget and management shall transfer cash to the trust fund in an	75283
amount up to, but not exceeding, the total of the amounts	75284
certified by the director of ~~mental health~~mental health and	75285
addiction services.	75286

In addition, the trust fund shall receive all amounts,	75287
subject to any provisions in bond documents, received from the	75288
sale or lease of lands and facilities by the department.	75289

All moneys in the trust fund shall be used by the department	75290
of ~~mental health~~mental health and addiction services to pay for	75291
expenditures the department incurs in performing any of its duties	75292
under this chapter. The use of moneys in the trust fund pursuant	75293
to this section does not represent an ongoing commitment to the	75294
continuation of the trust fund or to the use of moneys in the	75295
trust fund.	75296

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	75297
~~addiction services~~mental health and addiction services shall	75298
administer the problem casino gambling and addictions fund. The	75299
director shall use the money in the fund to support ~~programs that~~	75300
~~provide~~ gambling addiction services, alcohol and drug addiction	75301
~~programs that provide alcohol and drug addiction~~ services, other	75302
~~programs~~services that relate to gambling addiction and substance	75303
abuse, and research that relates to gambling addiction and	75304
substance abuse. Treatment and prevention services ~~provided under~~	75305
~~programs~~ supported by money in the fund under this section shall	75306
be services that are ~~provided by alcohol and drug addiction~~	75307
~~treatment programs~~ certified by the department of ~~alcohol and~~	75308
~~drug addiction services or provided by counselors who are~~	75309
~~certified by the department~~mental health and addiction services.	75310
~~Prevention services provided under programssupported by money in~~	75311
~~the fund under this section shall be services that are provided by~~	75312
~~alcohol and drug addiction prevention programs~~ ~~certified by the~~	75313
~~department of alcohol and drug addiction services.~~	75314

The director shall prepare an annual report describing the	75315
use of the fund for these purposes. The director shall submit the	75316
report to the Ohio casino control commission, the speaker and	75317
minority leader of the house of representatives, the president and	75318
minority leader of the senate, the governor, and the joint	75319
committee on gaming and wagering.	75320

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	75321
~~addiction services~~mental health and addiction services shall	75322
collaborate with the state board of pharmacy and attorney general	75323
in the establishment and administration of a drug take-back	75324
program, as provided under section 4729.69 of the Revised Code.	75325

(B) The department may accept grants, gifts, or donations for	75326
purposes of the program. Money received under this division shall	75327
be deposited into the drug take-back program fund established	75328
under section 109.90 of the Revised Code.	75329

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	75330
health and addiction services may accept, hold, and administer in	75331
trust on behalf of the state, if it is for the public interest,	75332
any grant, gift, devise, or bequest of money or property made to	75333
the state for the use or benefit of any institution described in	75334
section ~~5119.02~~5119.14 of the Revised Code or for the use and	75335
benefit of mentally ill persons under its control. If the trust so	75336
provides, the money or property may be used for any work which the	75337
department of ~~mental health~~mental health and addiction services	75338
is authorized to undertake.	75339

The department shall keep such gift, grant, devise, or	75340
bequest as a distinct property or fund and, if it is in money,	75341
shall invest it in the manner provided by law. The department may	75342
deposit in a proper trust company or savings bank any money left	75343
in trust during a specified life or lives and shall adopt rules	75344
governing the deposit, transfer, withdrawal, or investment of such	75345
money and the income thereof.	75346

The department shall, in the manner prescribed by the	75347
director of budget and management pursuant to section 126.21 of	75348
the Revised Code, account for all money or property received or	75349
expended under this section. The records, together with a	75350
statement certified by the depository showing the funds deposited	75351
there to the credit of the trust, shall be open to public	75352
inspection. The director of budget and management may require the	75353
department to file a report with ~~him~~the director on any	75354
particular portion, or the whole, of any trust property received	75355
or expended by it.	75356

The department shall, upon the expiration of any trust	75357
according to its terms, dispose of the funds or property held	75358
thereunder in the manner provided in the instrument creating the	75359
trust. If the instrument creating the trust failed to make any	75360
terms of disposition, or if no trust was in evidence, then the	75361
decedent patient's money, saving or commercial deposits, dividends	75362
or distributions, bonds, or any other interest-bearing debt	75363
certificate or stamp issued by the United States government shall	75364
escheat to the state. All such unclaimed intangible personal	75365
property of a former patient shall be retained by the managing	75366
officer in such institution for the period of one year, during	75367
which time every possible effort shall be made to find such former	75368
patient or ~~his~~the former patient's legal representative.	75369

If, after a period of one year from the time the patient has	75370
left the institution or has died, the managing officer has been	75371
unable to locate such person or ~~his~~the person's legal	75372
representative, then upon proper notice of such fact the director	75373
shall at that time formulate in writing a method of disposition on	75374
the minutes of the department authorizing the managing officer to	75375
convert such intangible personal property to cash to be paid into	75376
the state treasury to the credit of the general revenue fund.	75377

The department shall include in its annual report a statement	75378
of all money and property and the terms and conditions relating	75379
thereto.	75380

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	75381
"supplemental services" has the same meaning as in section 5815.28	75382
of the Revised Code.	75383

(B) There is hereby created in the state treasury the	75384
services fund for individuals with mental illness. On the death of	75385
the beneficiary of a trust created pursuant to section 5815.28 of	75386
the Revised Code, the portion of the remaining assets of the trust	75387
specified in the trust instrument shall be deposited to the credit	75388
of the fund. Money credited to the fund shall be used for	75389
individuals with mental illness.	75390

Supplemental services may be provided through the department	75391
or boards of alcohol, drug addiction, and mental health services.	75392
In accordance with Chapter 119. of the Revised Code, the	75393
department of ~~mental health~~mental health and addiction services	75394
may adopt any rules necessary to implement this section.	75395

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	75396
institution under the jurisdiction of the department of ~~mental~~	75397
~~health~~mental health and addiction services as described in	75398
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	75399
the director of ~~mental health~~mental health and addiction	75400
services, may establish local institution funds designated as	75401
follows:	75402

(A) Industrial and entertainment fund created and maintained	75403
for the entertainment and welfare of the patients of the	75404
institution. The director shall establish rules for the operation	75405
of the industrial and entertainment fund.	75406

(B) Commissary fund created and maintained for the benefit of	75407
patients in the institution. Commissary revenue over and above	75408
operating costs and reserve shall be considered profits. All	75409
profits from the commissary fund operations shall be paid into the	75410
industrial and entertainment fund and used only for the	75411
entertainment and ~~wel fare~~welfare of patients. The director shall	75412
establish rules for the operation of the commissary fund.	75413

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	75414
charge of all funds under the jurisdiction of the department of	75415
~~mental health~~mental health and addiction services and shall pay	75416
out the same only in accordance with this chapter.	75417

The department shall cause to be furnished a contract of	75418
indemnity to cover all funds received by it or by its managing	75419
officers, employees, or agents while the funds are in the	75420
possession of such managing officers, employees or agents. Such	75421
funds are designated as follows:	75422

(A) Funds which are due and payable to the treasurer of state	75423
as provided by Chapter 131. of the Revised Code;	75424

(B) Those funds which are held in trust by the managing	75425
officers, employees, or agents of the institution as local funds	75426
or accounts under the jurisdiction of the department.	75427

Such contract of indemnity shall be made payable to the state	75428
and the premium for such contract of indemnity may be paid from	75429
any of the moneys received for the use of the department under	75430
this chapter and Chapters 5121. and 5122. of the Revised Code.	75431

Funds collected from various sources, such as the sale of	75432
goods, and all miscellaneous articles, shall be transmitted on or	75433
before Monday of each week to the treasurer of state and a	75434
detailed statement of such collections shall be made to the	75435
department.	75436

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	75437
mental health and addiction services may pay an amount for	75438
personal use to each individual residing in a state institution as	75439
described in section ~~5119.02~~5119.14 of the Revised Code who would	75440
be eligible for supplemental security income benefits at the	75441
reduced rate established by Title XVI of the "Social Security	75442
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	75443
seq., if the ~~state plan for providing medical assistance under~~	75444
~~section 5111.01 of the Revised Code included reimbursement of~~	75445
medicaid program covers services provided in such institutions.	75446
The amount paid by the department shall not exceed the reduced	75447
supplemental security income benefit rate established by Title XVI	75448
of the "Social Security Act."	75449

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	75450
managing officers of institutions under the jurisdiction of the	75451
department of ~~mental health~~mental health and addiction services	75452
by any patient under the department's control or by relatives,	75453
guardians, conservators, and others for the special benefit of	75454
such patient, as well as all other funds and all other income paid	75455
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	75456
behalf, or paid to the managing officer or to the institution as	75457
representative payee or otherwise paid on the patient's behalf,	75458
shall remain in the hands of such officers in appropriate accounts	75459
for use accordingly. The managing officer shall keep itemized book	75460
accounts of the receipt and disposition of such money and	75461
property, which book shall be open at all times to the inspection	75462
of the department. The director of ~~mental health~~mental health	75463
and addiction services shall adopt rules governing the deposit,	75464
transfer, withdrawal, or investment of the funds and the income	75465
thereof, as well as rules under which such funds and income shall	75466
be paid by managing officers for the support of the patients	75467
pursuant to Chapter 5121. of the Revised Code, or for their other	75468
needs.	75469

Whenever any patient confined in any state institution	75470
subject to the jurisdiction of the department dies, escapes, or is	75471
discharged from such institution, and any personal funds of such	75472
person remain in the hands of the managing officer thereof and no	75473
demand for such funds is made upon such managing officer by the	75474
owner of the funds or ~~his~~the owner's legally appointed	75475
representative, the managing officer shall hold the funds in the	75476
personal deposit fund for a period of at least one year during	75477
which time the managing officer shall make every effort possible	75478
to locate the owner or ~~his~~the owner's legally appointed	75479
representative.	75480

If at the end of this period no demand has been made for the	75481
funds, the managing officer shall dispose of the funds as follows:	75482

(A) All money in a personal deposit fund in excess of ten	75483
dollars due for the support of a patient shall be paid in	75484
accordance with the provisions of Chapter 5121. of the Revised	75485
Code.	75486

(B) All money in a personal deposit fund in excess of ten	75487
dollars not due for the support of a patient shall be placed to	75488
the credit of the institution's local account designated as the	75489
"industrial and entertainment" fund.	75490

(C) The first ten dollars to the credit of a patient shall be	75491
placed to the credit of the institution's local account designated	75492
as the "industrial and entertainment" fund.	75493

Whenever any patient in any state institution subject to the	75494
jurisdiction of the department dies, escapes, or is discharged	75495
from such institution, and any personal effects of such person	75496
remain in the hands of the managing officer thereof, and no demand	75497
is made upon such managing officer by the owner of the property or	75498
~~his~~the owner's legally appointed representative, the managing	75499
officer shall hold and dispose of such property in the following	75500
manner.	75501

All the miscellaneous personal effects shall be held for a	75502
period of at least one year, during which time the managing	75503
officer shall make every effort possible to locate the owner or	75504
~~his~~the owner's legal representative. If at the end of this	75505
period, no demand has been made by the owner of the property or	75506
~~his~~the owner's legal representative, the managing officer shall	75507
file with the county recorder of the county of commitment of such	75508
owner, all deeds, wills, contract mortgages, or assignments. The	75509
balance of the personal effects shall be sold at public auction	75510
after being duly advertised, and the funds turned over to the	75511
treasurer of state for credit to the general revenue fund. If any	75512
of the property is not of a type to be filed with the county	75513
recorder and is not salable at public auction, then the managing	75514
officer of the institution shall destroy such property.	75515

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	75516
department of ~~mental health~~mental health and addiction services	75517
shall submit an annual report to the governor that shall describe	75518
the services the department offers and how appropriated funds have	75519
been spent. The report shall include ~~the~~all of the following:	75520

(A) The utilization of state hospitals by each alcohol, drug	75521
addiction, and mental health service district~~, the~~;	75522

(B) The number of persons served by community addiction	75523
services providers that receive funds distributed by the	75524
department, with a breakdown into categories including age, sex,	75525
race, the type of drug to which the person is addicted, and any	75526
other categories the director of mental health and addiction	75527
services considers significant;	75528

(C) The number of severely mentally disabled persons served	75529
in each district~~, and the~~;	75530

(D) The number and types of services provided to severely	75531
mentally disabled persons through state-operated services and	75532
community mental health ~~agencies~~services providers;	75533

(E) A report measuring the success of community addiction	75534
services providers, based on the measures for accountability	75535
developed by the department, including the percentage of persons	75536
served by such community addiction services providers who have not	75537
relapsed;	75538

(F) Any other information that the director considers	75539
significant or is requested by the governor.	75540

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	75541
~~addiction services~~mental health and addiction services shall	75542
collect and compile statistics and other information on the care	75543
and treatment of mentally disabled persons, and the care,	75544
treatment, and rehabilitation of alcoholics, drug dependent	75545
persons, and persons in danger of drug dependence in this state,	75546
including, without limitation, information on the number of such	75547
persons, the type of drug involved, the type of care, treatment,	75548
or rehabilitation prescribed or undertaken, and the success or	75549
failure of the care, treatment, or rehabilitation. The department	75550
shall collect information about services delivered and persons	75551
served as required for reporting and evaluation relating to state	75552
and federal funds expended for such purposes.	75553

(B) No alcohol or, drug addiction ~~program~~, or mental health	75554
services provider shall fail to supply statistics and other	75555
information within its knowledge and with respect to its ~~programs~~	75556
services, upon request of the department.	75557

(C) Communications by a person seeking aid in good faith for	75558
alcoholism or drug dependence are confidential, and this section	75559
does not require the collection or permit the disclosure of	75560
information which reveals or comprises the identity of any person	75561
seeking aid.	75562

(D) Based on the information collected and compiled under	75563
division (A) of this section, the department shall develop a	75564
project to assess the outcomes of persons served by alcohol and	75565
drug addiction ~~programs~~services providers and mental health	75566
services providers that receive funds distributed by the	75567
department.	75568

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	75569
health" is hereby ratified, enacted into law, and entered into by	75570
the state of Ohio as a party thereto with any other state which	75571
has legally joined in the compact as follows:	75572

INTERSTATE COMPACT ON MENTAL HEALTH	75573

The contracting states solemnly agree that:

75574

Article I	75575

The party states find that the proper and expeditious	75576
treatment of the mentally ill and mentally retarded can be	75577
facilitated by cooperative action, to the benefit of the patients,	75578
their families, and society as a whole. Further, the party states	75579
find that the necessity of and desirability for furnishing such	75580
care and treatment bears no primary relation to the residence or	75581
citizenship of the patient but that, on the contrary, the	75582
controlling factors of community safety and humanitarianism	75583
require that facilities and services be made available for all who	75584
are in need of them. Consequently, it is the purpose of this	75585
compact and of the party states to provide the necessary legal	75586
basis for the institutionalization or other appropriate care and	75587
treatment of the mentally ill and mentally retarded under a system	75588
that recognizes the paramount importance of patient welfare and to	75589
establish the responsibilities of the party states in terms of	75590
such welfare.	75591

Article II	75592

As used in this compact:

75593

(a) "Sending state" shall mean a party state from which a	75594
patient is transported pursuant to the provisions of the compact	75595
or from which it is contemplated that a patient may be so sent.	75596

(b) "Receiving state" shall mean a party state to which a	75597
patient is transported pursuant to the provisions of the compact	75598
or to which it is contemplated that a patient may be so sent.	75599

(c) "Institution" shall mean any hospital or other facility	75600
maintained by a party state or political subdivision thereof for	75601
the care and treatment of mental illness or mental retardation.	75602

(d) "Patient" shall mean any person subject to or eligible as	75603
determined by the laws of the sending state, for	75604
institutionalization or other care, treatment, or supervision	75605
pursuant to the provisions of this compact.	75606

(e) "After-care" shall mean care, treatment and services	75607
provided a patient, as defined herein, or convalescent status or	75608
conditional release.	75609

(f) "Mental illness" shall mean mental disease to such extent	75610
that a person so afflicted requires care and treatment for his own	75611
welfare, or the welfare of others, or of the community.	75612

(g) "Mental retardation" shall mean mental retardation as	75613
defined by appropriate clinical authorities to such extent that a	75614
person so afflicted is incapable of managing himself and his	75615
affairs, but shall not include mental illness as defined herein.	75616

(h) "State" shall mean any state, territory or possession of	75617
the United States, the District of Columbia, and the Commonwealth	75618
of Puerto Rico.	75619

Article III	75620

(a) Whenever a person physically present in any party state	75621
shall be in need of institutionalization by reason of mental	75622
illness or mental retardation, he shall be eligible for care and	75623
treatment in an institution in that state irrespective of his	75624
residence, settlement or citizenship qualifications.	75625

(b) The provisions of paragraph (a) of this article to the	75626
contrary notwithstanding, any patient may be transferred to an	75627
institution in another state whenever there are factors based upon	75628
clinical determinations indicating that the care and treatment of	75629
said patient would be facilitated or improved thereby. Any such	75630
institutionalization may be for the entire period of care and	75631
treatment or for any portion or portions thereof. The factors	75632
referred to in this paragraph shall include the patient's full	75633
record with due regard for the location of the patient's family,	75634
character of the illness and probable duration thereof, and such	75635
other factors as shall be considered appropriate.	75636

(c) No state shall be obliged to receive any patient pursuant	75637
to the provisions of paragraph (b) of this article unless the	75638
sending state has given advance notice of its intention to send	75639
the patient; furnished all available medical and other pertinent	75640
records concerning the patient; given the qualified medical or	75641
other appropriate clinical authorities of the receiving state an	75642
opportunity to examine the patient if said authorities so wish;	75643
and unless the receiving state shall agree to accept the patient.	75644

(d) In the event that the laws of the receiving state	75645
establish a system of priorities for the admission of patients, an	75646
interstate patient under this compact shall receive the same	75647
priority as a local patient and shall be taken in the same order	75648
and at the same time that he would be taken if he were a local	75649
patient.	75650

(e) Pursuant to this compact, the determination as to the	75651
suitable place of institutionalization for a patient may be	75652
reviewed at any time and such further transfer of the patient may	75653
be made as seems likely to be in the best interest of the patient.	75654

Article IV	75655

(a) Whenever, pursuant to the laws of the state in which a	75656
patient is physically present, it shall be determined that the	75657
patient should receive after-care or supervision, such care or	75658
supervision may be provided in a receiving state. If the medical	75659
or other appropriate clinical authorities having responsibility	75660
for the care and treatment of the patient in the sending state	75661
shall have reason to believe that after-care in another state	75662
would be in the best interest of the patient and would not	75663
jeopardize the public safety, they shall request the appropriate	75664
authorities in the receiving state to investigate the desirability	75665
of affording the patient such after-care in said receiving state,	75666
and such investigation shall be made with all reasonable speed.	75667
The request for investigation shall be accompanied by complete	75668
information concerning the patient's intended place of residence	75669
and the identity of the person in whose charge it is proposed to	75670
place the patient, the complete medical history of the patient,	75671
and such other documents as may be pertinent.	75672

(b) If the medical or other appropriate clinical authorities	75673
having responsibility for the care and treatment of the patient in	75674
the sending state and the appropriate authorities in the receiving	75675
state find that the best interest of the patient would be served	75676
thereby, and if the public safety would not be jeopardized	75677
thereby, the patient may receive after-care or supervision in the	75678
receiving state.	75679

(c) In supervising, treating, or caring for a patient on	75680
after-care pursuant to the terms of this article, a receiving	75681
state shall employ the same standards of visitation, examination,	75682
care, and treatment that it employs for similar local patients.	75683

Article V	75684

Whenever a dangerous or potentially dangerous patient escapes	75685
from an institution in any party state, that state shall promptly	75686
notify all appropriate authorities within and without the	75687
jurisdiction of the escape in a manner reasonably calculated to	75688
facilitate the speedy apprehension of the escapee. Immediately	75689
upon the apprehension and identification of any such dangerous or	75690
potentially dangerous patient, he shall be detained in the state	75691
where found pending disposition in accordance with law.	75692

Article VI	75693

The duly accredited officers of any state party to this	75694
compact, upon the establishment of their authority and the	75695
identity of the patient, shall be permitted to transport any	75696
patient being moved pursuant to this compact through any and all	75697
states party to this compact, without interference.	75698

Article VII	75699

(a) No person shall be deemed a patient of more than one	75700
institution at any given time. Completion of transfer of any	75701
patient to an institution in a receiving state shall have the	75702
effect of making the person a patient of the institution in the	75703
receiving state.	75704

(b) The sending state shall pay all costs of and incidental	75705
to the transportation of any patient pursuant to this compact, but	75706
any two or more party states may, by making a specific agreement	75707
for that purpose, arrange for a different allocation of costs as	75708
among themselves.	75709

(c) No provision of this compact shall be construed to alter	75710
or affect any internal relationships among the departments,	75711
agencies and officers of and in the government of a party state,	75712
or between a party state and its subdivisions, as to the payment	75713
of costs, or responsibilities therefor.	75714

(d) Nothing in this compact shall be construed to prevent any	75715
party state or subdivision thereof from asserting any right	75716
against any person, agency or other entity in regard to costs for	75717
which such party state or subdivision thereof may be responsible	75718
pursuant to any provision of this compact.	75719

(e) Nothing in this compact shall be construed to invalidate	75720
any reciprocal agreement between a party state and a nonparty	75721
state relating to institutionalization, care or treatment of the	75722
mentally ill or mentally retarded, or any statutory authority	75723
pursuant to which such agreements may be made.	75724

Article VIII	75725

(a) Nothing in this compact shall be construed to abridge,	75726
diminish, or in any way impair the rights, duties, and	75727
responsibilities of any patient's guardian on his own behalf or in	75728
respect of any patient for whom he may serve, except that where	75729
the transfer of any patient to another jurisdiction makes	75730
advisable the appointment of a supplemental or substitute	75731
guardian, any court of competent jurisdiction in the receiving	75732
state may make such supplemental or substitute appointment and the	75733
court which appointed the previous guardian shall upon being duly	75734
advised of the new appointment, and upon the satisfactory	75735
completion of such accounting and other acts as such court may by	75736
law require, relieve the previous guardian of power and	75737
responsibility to whatever extent shall be appropriate in the	75738
circumstances; provided, however, that in the case of any patient	75739
having settlement in the sending state, the court of competent	75740
jurisdiction in the sending state shall have the sole discretion	75741
to relieve a guardian appointed by it or continue his power and	75742
responsibility, whichever it shall deem advisable. The court in	75743
the receiving state may, in its discretion, confirm or reappoint	75744
the person or persons previously serving as guardian in the	75745
sending state in lieu of making a supplemental or substitute	75746
appointment.	75747

(b) The term "guardian" as used in paragraph (a) of this	75748
article shall include any guardian, trustee, legal committee,	75749
conservator, or other person or agency however denominated who is	75750
charged by law with power to act for or responsibility for the	75751
person or property of a patient.	75752

Article IX	75753

(a) No provision of this compact except Article V shall apply	75754
to any person institutionalized while under sentence in a penal or	75755
correctional institution or while subject to trial on a criminal	75756
charge, or whose institutionalization is due to the commission of	75757
an offense for which, in the absence of mental illness or mental	75758
retardation, said person would be subject to incarceration in a	75759
penal or correctional institution.	75760

(b) To every extent possible, it shall be the policy of	75761
states party to this compact that no patient shall be placed or	75762
detained in any prison, jail or lockup, but such patient shall,	75763
with all expedition, be taken to a suitable institutional facility	75764
for mental illlness or mental retardation.	75765

Article X	75766

(a) Each party state shall appoint a "compact administrator"	75767
who, on behalf of his state, shall act as general coordinator of	75768
activities under the compact in his state and who shall receive	75769
copies of all reports, correspondence, and other documents	75770
relating to any patient processed under the compact by his state	75771
either in the capacity of sending or receiving state. The compact	75772
administrator or his duly designated representative shall be the	75773
official with whom other party states shall deal in any matter	75774
relating to the compact or any patient processed thereunder.	75775

(b) The compact administrators of the respective party states	75776
shall have power to promulgate reasonable rules and regulations to	75777
carry out more effectively the terms and provisions of this	75778
compact.	75779

Article XI	75780

The duly constituted administrative authorities of any two or	75781
more party states may enter into supplementary agreements for the	75782
provision of any service or facility or for the maintenance of any	75783
institution on a joint or cooperative basis whenever the states	75784
concerned shall find that such agreements will improve services,	75785
facilities, or institutional care and treatment in the fields of	75786
mental illness or mental retardation. No such supplementary	75787
agreement shall be construed so as to relieve any party state of	75788
any obligation which it otherwise would have under other	75789
provisions of this compact.	75790

Article XII	75791

This compact shall enter into full force and effect as to any	75792
state when enacted by it into law and such states shall thereafter	75793
be a party thereto with any and all states legally joining	75794
therein.	75795

Article XIII	75796

(a) A state party to this compact may withdraw therefrom by	75797
enacting a statute repealing the same. Such withdrawal shall take	75798
effect one year after notice thereof has been communicated	75799
officially and in writing to the governors and compact	75800
administrators of all other party states. However, the withdrawal	75801
of any state shall not change the status of any patient who has	75802
been sent to said state or sent out of said state pursuant to the	75803
provisions of the compact.	75804

(b) Withdrawal from any agreement permitted by Article VII	75805
(b) as to costs or from any supplementary agreement made pursuant	75806
to Article XI shall be in accordance with the terms of such	75807
agreement.	75808

Article XIV	75809

This compact shall be liberally construed so as to effectuate	75810
the purposes thereof. The provisions of this compact shall be	75811
severable and if any phrase, clause, sentence or provision of this	75812
compact is declared to be contrary to the constitution of any	75813
party state or of the United States or the applicability thereof	75814
to any government, agency, person or circumstance is held invalid,	75815
the validity of the remainder of this compact and the	75816
applicability thereof to any government, agency, person or	75817
circumstance shall not be affected thereby. If this compact shall	75818
be held contrary to the constitution of any state party thereto,	75819
the compact shall remain in full force and effect as to the	75820
remaining states and in full force and effect as to the state	75821
affected as to all severable matters.	75822

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	75823
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	75824
director of ~~mental health~~mental health and addiction services and	75825
the director of developmental disabilities each shall designate an	75826
officer who shall be the compact administrator for the department	75827
and who, acting jointly with like officers of other party states,	75828
shall adopt rules to carry out more effectively the terms of the	75829
compact. The compact administrators of each department shall serve	75830
subject to the pleasure of the governor and shall cooperate with	75831
all departments, agencies, and officers of and in the government	75832
of this state and its subdivisions in facilitating the proper	75833
administration of the compact or of any supplementary agreements	75834
entered into by this state thereunder.	75835

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	75836
into supplementary agreements with appropriate officials of other	75837
states pursuant to articles VII and XI of the compact set forth in	75838
section ~~5119.50~~5119.70 of the Revised Code. In the event that	75839
such supplementary agreements require or contemplate the use of	75840
any institution or facility of this state or require or	75841
contemplate the provision of any service by this state, no such	75842
agreement shall have force or effect until approved by the head of	75843
the department or agency under whose jurisdiction the institution	75844
or facility is operated or whose department or agency will be	75845
charged with the rendering of such service.	75846

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	75847
any financial obligations imposed upon the state of Ohio by the	75848
compact or by any supplementary agreement entered into thereunder,	75849
as provided in sections ~~5119.50~~5119.70 to ~~5119.52~~5119.72 of the	75850
Revised Code, shall be made from appropriated funds upon	75851
presentation to the director of budget and management of itemized	75852
vouchers approved by the compact administrator.	75853

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	75854
~~3793.39~~5119.98 of the Revised Code:	75855

(A) "Alcohol and other drug abuse" means alcoholism or drug	75856
addiction.	75857

(B) "Another drug" means a controlled substance as defined in	75858
section 3719.01 of the Revised Code or a harmful intoxicant as	75859
defined in section 2925.01 of the Revised Code.	75860

(C) "Board of alcohol, drug addiction, and mental health	75861
services" means a board of alcohol, drug addiction, and mental	75862
health services established under section 340.02 or 340.021 of the	75863
Revised Code.	75864

(D) "Danger" or "threat of danger to self, family, or others"	75865
means substantial physical harm or threat of substantial physical	75866
harm upon self, family, or others.	75867

(E) "Hospital" has the same meaning as in section 3701.01 or	75868
3727.01 of the Revised Code but does not include either a hospital	75869
operated by the department of ~~mental health~~mental health and	75870
addiction services or an inpatient unit licensed by the	75871
department.	75872

(F) "Intoxicated" means being under the influence of alcohol,	75873
another drug, or both alcohol and another drug and, as a result,	75874
having a significantly impaired ability to function.	75875

(G) "Petitioner" means a person who institutes a proceeding	75876
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	75877
Code.	75878

(H) "Probate court" means the probate division of the court	75879
of common pleas.	75880

(I) "Qualified health professional" means a person that is	75881
properly credentialed or licensed to conduct a drug and alcohol	75882
assessment and diagnosis under Ohio law.	75883

(J) "Residence" means the legal residence of a person as	75884
determined by applicable principles governing conflicts of law.	75885

(K) "Respondent" means a person alleged in a petition filed	75886
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	75887
the Revised Code to be a person who is suffering from alcohol and	75888
other drug abuse and who may be ordered under those sections to	75889
undergo treatment.	75890

(L) "Treatment" means services and programs for the care and	75891
rehabilitation of intoxicated persons and persons suffering from	75892
alcohol and other drug abuse. "Treatment" includes residential	75893
treatment, a halfway house setting, and an intensive outpatient or	75894
outpatient level of care.	75895

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	75896
treatment for a person suffering from alcohol and other drug abuse	75897
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	75898
to ~~3793.39~~5119.98 of the Revised Code.	75899

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	75900
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	75901
Revised Code unless all of the following apply to that person:	75902

(A) The person suffers from alcohol and other drug abuse.

75903

(B) The person presents an imminent danger or imminent threat	75904
of danger to self, family, or others as a result of alcohol and	75905
other drug abuse, or there exists a substantial likelihood of such	75906
a threat in the near future.	75907

75908

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	75909
for treatment for an individual suffering from alcohol and other	75910
drug abuse by filing a verified petition in the probate court and	75911
paying a filing fee in the same amount, if any, that is charged	75912
for the filing under section 5122.11 of the Revised Code of an	75913
affidavit seeking the hospitalization of a person. The petition	75914
and all subsequent court documents shall be entitled: "In the	75915
interest of (name of respondent)." A spouse, relative, or guardian	75916
of the individual concerning whom the petition is filed shall file	75917
the petition.	75918

(B) A petition filed under division (A) of this section shall	75919
set forth all of the following:	75920

(1) The petitioner's relationship to the respondent;

75921

(2) The respondent's name, residence address, and current	75922
location, if known;	75923

(3) The name and residence of the respondent's parents, if	75924
living and if known, or of the respondent's legal guardian, if any	75925
and if known;	75926

(4) The name and residence of the respondent's spouse, if any	75927
and if known;	75928

(5) The name and residence of the person having custody of	75929
the respondent, if any, or if no such person is known, the name	75930
and residence of a near relative or a statement that the person is	75931
unknown;	75932

(6) The petitioner's belief, including the factual basis for	75933
the belief, that the respondent is suffering from alcohol and	75934
other drug abuse and presents an imminent danger or imminent	75935
threat of danger to self, family, or others if not treated for	75936
alcohol or other drug abuse.	75937

(C)(1) Any petition filed pursuant to divisions (A) and (B)	75938
of this section shall be accompanied by a certificate of a	75939
physician who has examined the respondent within two days prior to	75940
the day that the petition is filed in the probate court. The	75941
physician shall be authorized to practice medicine and surgery or	75942
osteopathic medicine and surgery under Chapter 4731. of the	75943
Revised Code. The physician's certificate shall set forth the	75944
physician's findings in support of the need to treat the	75945
respondent for alcohol or other drug abuse. The certificate shall	75946
indicate if the respondent presents an imminent danger or imminent	75947
threat of danger to self, family, or others if not treated.	75948
Further, the certificate shall indicate the type and length of	75949
treatment required and if the respondent can reasonably benefit	75950
from treatment. If the physician's certificate indicates that	75951
inpatient treatment is required, the certificate shall identify	75952
any inpatient facilities known to the physician that are able and	75953
willing to provide the recommended inpatient treatment.	75954

If the respondent refuses to undergo an examination with a	75955
physician concerning the respondent's possible need for treatment	75956
for alcohol or other drug abuse, the petition shall state that the	75957
respondent has refused all requests made by the petitioner to	75958
undergo a physician's examination. In that case, the petitioner	75959
shall not be required to provide a physician's certificate with	75960
the petition.	75961

(2) Any petition filed pursuant to divisions (A) and (B) of	75962
this section shall contain a statement that the petitioner has	75963
arranged for treatment of the respondent. Further, the petition	75964
shall be accompanied by a statement from the person or facility	75965
who has agreed to provide the treatment that verifies that the	75966
person or facility has agreed to provide the treatment and the	75967
estimated cost of the treatment.	75968

(D) Any petition filed pursuant to divisions (A) and (B) of	75969
this section shall be accompanied by both of the following:	75970

(1) A security deposit to be deposited with the clerk of the	75971
probate court that will cover half of the estimated cost of	75972
treatment of the respondent;	75973

(2) A guarantee, signed by the petitioner or another person	75974
authorized to file the petition obligating the guarantor to pay	75975
the costs of the examinations of the respondent conducted by the	75976
physician and qualified health professional under division (B)(5)	75977
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	75978
respondent that are associated with a hearing conducted in	75979
accordance with section ~~3793.35~~5119.94 of the Revised Code and	75980
that the court determines to be appropriate, and the costs of any	75981
treatment ordered by the court.	75982

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	75983
under section ~~3793.34~~5119.93 of the Revised Code and the payment	75984
of the appropriate filing fee, if any, the probate court shall	75985
examine the petitioner under oath as to the contents of the	75986
petition.	75987

(B) If, after reviewing the allegations contained in the	75988
petition and examining the petitioner under oath, it appears to	75989
the probate court that there is probable cause to believe the	75990
respondent may reasonably benefit from treatment, the court shall	75991
do all of the following:	75992

(1) Schedule a hearing to be held within seven days to	75993
determine if there is clear and convincing evidence that the	75994
respondent may reasonably benefit from treatment for alcohol and	75995
other drug abuse;	75996

(2) Notify the respondent, the legal guardian, if any and if	75997
known, and the spouse, parents, or nearest relative or friend of	75998
the respondent concerning the allegations and contents of the	75999
petition and of the date and purpose of the hearing;	76000

(3) Notify the respondent that the respondent may retain	76001
counsel and, if the person is unable to obtain an attorney, that	76002
the respondent may be represented by court-appointed counsel at	76003
public expense if the person is indigent. Upon the appointment of	76004
an attorney to represent an indigent respondent, the court shall	76005
notify the respondent of the name, address, and telephone number	76006
of the attorney appointed to represent the respondent.	76007

(4) Notify the respondent that the court shall cause the	76008
respondent to be examined not later than twenty-four hours before	76009
the hearing date by a physician for the purpose of a physical	76010
examination and by a qualified health professional for the purpose	76011
of a drug and alcohol addiction assessment and diagnosis. In	76012
addition, the court shall notify the respondent that the	76013
respondent may have an independent expert evaluation of the	76014
person's physical and mental condition conducted at the	76015
respondent's own expense.	76016

(5) Cause the respondent to be examined not later than	76017
twenty-four hours before the hearing date by a physician for the	76018
purpose of a physical examination and by a qualified health	76019
professional for the purpose of a drug and alcohol addiction	76020
assessment and diagnosis;	76021

(6) Conduct the hearing.

76022

(C) The physician and qualified health professional who	76023
examine the respondent pursuant to division (B)(5) of this section	76024
or who are obtained by the respondent at the respondent's own	76025
expense shall certify their findings to the court within	76026
twenty-four hours of the examinations. The findings of each	76027
qualified health professional shall include a recommendation for	76028
treatment if the qualified health professional determines that	76029
treatment is necessary.	76030

(D)(1) If upon completion of the hearing held under this	76031
section the probate court finds by clear and convincing evidence	76032
that the respondent may reasonably benefit from treatment, the	76033
court may order the treatment after considering the qualified	76034
health professionals' recommendations for treatment that have been	76035
submitted to the court under division (C) of this section. If the	76036
court orders the treatment under this division, the court shall	76037
order the treatment to be provided through ~~an alcohol and drug~~a	76038
community addiction ~~program~~services provider certified under	76039
section ~~3793.06~~5119.36 of the Revised Code or by an individual	76040
licensed or certified by the state medical board under Chapter	76041
4731. of the Revised Code, the chemical dependency professionals	76042
board under Chapter 4758. of the Revised Code, the counselor,	76043
social worker, and marriage and family therapist board under	76044
Chapter 4757. of the Revised Code, or a similar board of another	76045
state authorized to provide substance abuse treatment.	76046

(2) Failure of a respondent to undergo and complete any	76047
treatment ordered pursuant to this division is contempt of court.	76048
Any alcohol and drug addiction program or person providing	76049
treatment under this division shall notify the probate court of a	76050
respondent's failure to undergo or complete the ordered treatment.	76051

(E) If, at any time after a petition is filed under section	76052
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	76053
there is not probable cause to continue treatment or if the	76054
petitioner withdraws the petition, then the court shall dismiss	76055
the proceedings against the respondent.	76056

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	76057
qualified health professional and a certification by that	76058
professional that the person meets the criteria specified in	76059
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	76060
order the person hospitalized for a period not to exceed	76061
seventy-two hours if the court finds by clear and convincing	76062
evidence that the person presents an imminent threat of danger to	76063
self, family, or others as a result of alcohol and other drug	76064
abuse. However, if the hearing to be held under section ~~3793.35~~	76065
5119.94 of the Revised Code will not be held within seventy-two	76066
hours, the court may order the person hospitalized until the	76067
hearing. In making its order, the court shall inform the person	76068
that the person may immediately make a reasonable number of	76069
telephone calls or use other reasonable means to contact an	76070
attorney, a licensed physician, or a qualified health	76071
professional, to contact any other person or persons to secure	76072
representation by counsel, or to obtain medical or psychological	76073
assistance and that the person will be provided assistance in	76074
making calls if the assistance is needed and requested.	76075

(B) Any person who has been admitted to a hospital under	76076
division (A) of this section shall be released from the hospital	76077
immediately upon the expiration of the time period established by	76078
the court for the hospitalization.	76079

(C) No person ordered hospitalized under this section shall	76080
be held in jail pending transportation to the hospital or	76081
evaluation unless the probate court previously has found the	76082
person to be in contempt of court for either failure to undergo	76083
treatment or failure to appear at the evaluation ordered pursuant	76084
to section ~~3793.35~~5119.94 of the Revised Code.	76085

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	76086
issue an order that the respondent be transported to a hospital,	76087
the court may issue a summons. If the respondent fails to attend	76088
an examination scheduled before the hearing under section ~~3793.35~~	76089
5119.94 of the Revised Code, the court shall issue a summons. A	76090
summons so issued shall be directed to the respondent and shall	76091
command the respondent to appear at a time and place specified in	76092
the summons. If a respondent who has been summoned fails to appear	76093
at the hospital or the examination, the probate court may order	76094
the sheriff or any other peace officer to transport the respondent	76095
to a hospital on the list provided under section ~~3793.38~~5119.97	76096
of the Revised Code for treatment. The sheriff or any other peace	76097
officer, upon agreement of a person authorized by the peace	76098
officer, may authorize a board of alcohol, drug addiction, and	76099
mental health services, a private ~~agency~~services provider under	76100
contract with a board of alcohol, drug addiction, and mental	76101
health services, or an ambulance service designated by a board of	76102
alcohol, drug addiction, and mental health services to transport	76103
the respondent to the hospital. The transportation costs of the	76104
sheriff, other peace officer, ambulance service, or other private	76105
~~agency~~services provider under contract with the board of alcohol,	76106
drug addiction, and mental health services shall be included in	76107
the costs of treatment for alcohol and other drug abuse to be paid	76108
by the petitioner.	76109

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	76110
and mental health services on at least an annual basis shall	76111
submit each of the following lists to the clerk of the probate	76112
court in each county served by the board:	76113

(A) A list of all hospitals in the counties served by the	76114
board that are able and willing to take respondents ordered to	76115
undergo seventy-two hours of treatment and observation pursuant to	76116
section ~~3793.36~~5119.95 of the Revised Code;	76117

(B) A list of hospitals and treatment providers in the	76118
counties served by the board that are able and willing to provide	76119
treatment for alcohol and other drug abuse ordered pursuant to	76120
section ~~3793.35~~5119.94 of the Revised Code.	76121

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	76122
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	76123
who is ordered to undergo treatment under sections ~~3793.31 to~~	76124
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	76125

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	76126
of the Revised Code is guilty of a misdemeanor of the first	76127
degree.	76128

(B) Whoever violates division (B) of section 5119.61 of the	76129
Revised Code is guilty of a misdemeanor of the fourth degree.	76130

(C) Whoever violates section 5119.27 or 5119.28 of the	76131
Revised Code is guilty of a felony of the fifth degree.	76132

Sec. 5120.07. (A) There is hereby created the ex-offender	76133
reentry coalition consisting of the following ~~eighteen~~seventeen	76134
members or their designees:	76135

(1) The director of rehabilitation and correction;

76136

(2) The director of aging;

76137

(3) The director of ~~alcohol and drug addiction services~~	76138
mental health and addiction services;	76139

(4) The director of development services;

76140

(5) The superintendent of public instruction;

76141

(6) The director of health;

76142

(7) The director of job and family services;

76143

(8) ~~The director of mental health;~~

76144

~~(9)~~ The director of developmental disabilities;

76145

~~(10)~~(9) The director of public safety;

76146

~~(11)~~(10) The director of youth services;

76147

~~(12)~~(11) The chancellor of the Ohio board of regents;

76148

~~(13)~~(12) A representative or member of the governor's staff;

76149

~~(14)~~(13) The director of the rehabilitation services	76150
commission;	76151

~~(15)~~(14) The director of the department of commerce;

76152

~~(16)~~(15) The executive director of a health care licensing	76153
board created under Title XLVII of the Revised Code, as appointed	76154
by the chairperson of the coalition;	76155

~~(17)~~(16) The director of veterans services;

76156

~~(18)~~(17) An ex-offender appointed by the director of	76157
rehabilitation and correction.	76158

(B) The members of the coalition shall serve without	76159
compensation. The director of rehabilitation and correction or the	76160
director's designee shall be the chairperson of the coalition.	76161

(C) In consultation with persons interested and involved in	76162
the reentry of ex-offenders into the community, including but not	76163
limited to, services providers, community-based organizations, and	76164
local governments, the coalition shall identify and examine social	76165
service barriers and other obstacles to the reentry of	76166
ex-offenders into the community. Not later than one year after	76167
April 7, 2009, and on or before the same date of each year	76168
thereafter, the coalition shall submit to the speaker of the house	76169
of representatives and the president of the senate a report,	76170
including recommendations for legislative action, the activities	76171
of the coalition, and the barriers affecting the successful	76172
reentry of ex-offenders into the community. The report shall	76173
analyze the effects of those barriers on ex-offenders and on their	76174
children and other family members in various areas, including but	76175
not limited to, the following:	76176

(1) Admission to public and other housing;

76177

(2) Child support obligations and procedures;

76178

(3) Parental incarceration and family reunification;

76179

(4) Social security benefits, veterans' benefits, food	76180
stamps, and other forms of public assistance;	76181

(5) Employment;

76182

(6) Education programs and financial assistance;

76183

(7) Substance abuse~~, mental health,~~ and sex offender	76184
treatment programs and financial assistance and mental health	76185
services and financial assistance;	76186

(8) Civic and political participation;

76187

(9) Other collateral consequences under the Revised Code or	76188
the Ohio administrative code law that may result from a criminal	76189
conviction.	76190

(D)(1) The report shall also include the following	76191
information:	76192

(a) Identification of state appropriations for reentry	76193
programs;	76194

(b) Identification of other funding sources for reentry	76195
programs that are not funded by the state;	76196

(2) The coalition shall gather information about reentry	76197
programs in a repository maintained and made available by the	76198
coalition. Where available, the information shall include the	76199
following:	76200

(a) The amount of funding received;

76201

(b) The number of program participants;

76202

(c) The composition of the program, including program goals,	76203
methods for measuring success, and program success rate;	76204

(d) The type of post-program tracking that is utilized;

76205

(e) Information about employment rates and recidivism rates	76206
of ex-offenders.	76207

(E) The coalition shall cease to exist on December 31, 2014.

76208

Sec. 5120.09. Under the supervision and control of the	76209
director of rehabilitation and correction, the division of	76210
business administration shall do all of the following:	76211

(A) Submit the budgets for the several divisions of the	76212
department of rehabilitation and correction, as prepared by the	76213
respective chiefs of those divisions, to the director. The	76214
director, with the assistance of the chief of the division of	76215
business administration, shall compile a departmental budget that	76216
contains all proposals submitted by the chiefs of the divisions	76217
and shall forward the departmental budget to the governor with	76218
comments and recommendations that the director considers	76219
necessary.	76220

(B) Maintain accounts and records and compile statistics that	76221
the director prescribes;	76222

(C) Under the control of the director, coordinate and make	76223
the necessary purchases and requisitions for the department and	76224
its divisions, except when goods and services are provided to the	76225
department as described in section ~~5119.16~~5119.44 of the Revised	76226
Code;	76227

(D) Administer within this state federal criminal justice	76228
acts that the governor requires the department to administer. In	76229
order to improve the criminal justice system of this state, the	76230
division of business administration shall apply for, allocate,	76231
disburse, and account for grants that are made available pursuant	76232
to those federal criminal justice acts and grants that are made	76233
available from other federal government sources, state government	76234
sources, or private sources. As used in this division, "criminal	76235
justice system" and "federal criminal justice acts" have the same	76236
meanings as in section 5502.61 of the Revised Code.	76237

(E) Audit the activities of governmental entities, persons as	76238
defined in section 1.59 of the Revised Code, and other types of	76239
nongovernmental entities that are financed in whole or in part by	76240
funds that the department allocates or disburses and that are	76241
derived from grants described in division (D) of this section;	76242

(F) Enter into contracts, including contracts with federal,	76243
state, or local governmental entities, persons as defined in	76244
section 1.59 of the Revised Code, foundations, and other types of	76245
nongovernmental entities, that are necessary for the department to	76246
carry out its duties and that neither the director nor another	76247
section of the Revised Code authorizes another division of the	76248
department to enter;	76249

(G) Exercise other powers and perform other duties that the	76250
director may assign to the division of business administration.	76251

Sec. 5120.135. (A) As used in this section, "laboratory	76252
services" includes the performance of medical laboratory analysis;	76253
professional laboratory and pathologist consultation; the	76254
procurement, storage, and distribution of laboratory supplies; and	76255
the performance of phlebotomy services.	76256

(B) The department of rehabilitation and correction may	76257
provide laboratory services to the departments of ~~mental health~~	76258
mental health and addiction services, developmental disabilities,	76259
youth services, and rehabilitation and correction. The department	76260
of rehabilitation and correction may also provide laboratory	76261
services to other state, county, or municipal agencies and to	76262
private persons that request laboratory services if the department	76263
of rehabilitation and correction determines that the provision of	76264
laboratory services is in the public interest and considers it	76265
advisable to provide such services. The department of	76266
rehabilitation and correction may also provide laboratory services	76267
to agencies operated by the United States government and to public	76268
and private entities funded in whole or in part by the state if	76269
the director of rehabilitation and correction designates them as	76270
eligible to receive such services.	76271

The department of rehabilitation and correction shall provide	76272
laboratory services from a laboratory that complies with the	76273
standards for certification set by the United States department of	76274
health and human services under the "Clinical Laboratory	76275
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	76276
In addition, the laboratory shall maintain accreditation or	76277
certification with an appropriate accrediting or certifying	76278
organization as considered necessary by the recipients of its	76279
laboratory services and as authorized by the director of	76280
rehabilitation and correction.	76281

(C) The cost of administering this section shall be	76282
determined by the department of rehabilitation and correction and	76283
shall be paid by entities that receive laboratory services to the	76284
department for deposit in the state treasury to the credit of the	76285
laboratory services fund, which is hereby created. The fund shall	76286
be used to pay the costs the department incurs in administering	76287
this section.	76288

(D) Whenever a state agency fails to make a payment for	76289
laboratory services provided to it by the department of	76290
rehabilitation and correction under this section within thirty-one	76291
days after the date the payment was due, the office of budget and	76292
management may transfer moneys from that state agency to the	76293
department of rehabilitation and correction for deposit to the	76294
credit of the laboratory services fund. The amount transferred	76295
shall not exceed the amount of the overdue payments. Prior to	76296
making a transfer under this division, the office shall apply any	76297
credits the state agency has accumulated in payment for laboratory	76298
services provided under this section.	76299

Sec. 5120.17. (A) As used in this section:

76300

(1) "Mental illness" means a substantial disorder of thought,	76301
mood, perception, orientation, or memory that grossly impairs	76302
judgment, behavior, capacity to recognize reality, or ability to	76303
meet the ordinary demands of life.	76304

(2) "Mentally ill person subject to hospitalization" means a	76305
mentally ill person to whom any of the following applies because	76306
of the person's mental illness:	76307

(a) The person represents a substantial risk of physical harm	76308
to the person as manifested by evidence of threats of, or attempts	76309
at, suicide or serious self-inflicted bodily harm.	76310

(b) The person represents a substantial risk of physical harm	76311
to others as manifested by evidence of recent homicidal or other	76312
violent behavior, evidence of recent threats that place another in	76313
reasonable fear of violent behavior and serious physical harm, or	76314
other evidence of present dangerousness.	76315

(c) The person represents a substantial and immediate risk of	76316
serious physical impairment or injury to the person as manifested	76317
by evidence that the person is unable to provide for and is not	76318
providing for the person's basic physical needs because of the	76319
person's mental illness and that appropriate provision for those	76320
needs cannot be made immediately available in the correctional	76321
institution in which the inmate is currently housed.	76322

(d) The person would benefit from treatment in a hospital for	76323
the person's mental illness and is in need of treatment in a	76324
hospital as manifested by evidence of behavior that creates a	76325
grave and imminent risk to substantial rights of others or the	76326
person.	76327

(3) "Psychiatric hospital" means all or part of a facility	76328
that is operated and managed by the department of ~~mental health~~	76329
mental health and addiction services to provide psychiatric	76330
hospitalization services in accordance with the requirements of	76331
this section pursuant to an agreement between the directors of	76332
rehabilitation and correction and ~~mental health~~mental health and	76333
addiction services or, is licensed by the department of ~~mental~~	76334
~~health~~mental health and addiction services pursuant to section	76335
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	76336
is accredited by a healthcare accrediting organization approved by	76337
the department of ~~mental health~~mental health and addiction	76338
services and the psychiatric hospital is any of the following:	76339

(a) Operated and managed by the department of rehabilitation	76340
and correction within a facility that is operated by the	76341
department of rehabilitation and correction;	76342

(b) Operated and managed by a contractor for the department	76343
of rehabilitation and correction within a facility that is	76344
operated by the department of rehabilitation and correction;	76345

(c) Operated and managed in the community by an entity that	76346
has contracted with the department of rehabilitation and	76347
correction to provide psychiatric hospitalization services in	76348
accordance with the requirements of this section.	76349

(4) "Inmate patient" means an inmate who is admitted to a	76350
psychiatric hospital.	76351

(5) "Admitted" to a psychiatric hospital means being accepted	76352
for and staying at least one night at the psychiatric hospital.	76353

(6) "Treatment plan" means a written statement of reasonable	76354
objectives and goals for an inmate patient that is based on the	76355
needs of the inmate patient and that is established by the	76356
treatment team, with the active participation of the inmate	76357
patient and with documentation of that participation. "Treatment	76358
plan" includes all of the following:	76359

(a) The specific criteria to be used in evaluating progress	76360
toward achieving the objectives and goals;	76361

(b) The services to be provided to the inmate patient during	76362
the inmate patient's hospitalization;	76363

(c) The services to be provided to the inmate patient after	76364
discharge from the hospital, including, but not limited to,	76365
housing and mental health services provided at the state	76366
correctional institution to which the inmate patient returns after	76367
discharge or community mental health services.	76368

(7) "Mentally retarded person subject to institutionalization	76369
by court order" has the same meaning as in section 5123.01 of the	76370
Revised Code.	76371

(8) "Emergency transfer" means the transfer of a mentally ill	76372
inmate to a psychiatric hospital when the inmate presents an	76373
immediate danger to self or others and requires hospital-level	76374
care.	76375

(9) "Uncontested transfer" means the transfer of a mentally	76376
ill inmate to a psychiatric hospital when the inmate has the	76377
mental capacity to, and has waived, the hearing required by	76378
division (B) of this section.	76379

(10)(a) "Independent decision-maker" means a person who is	76380
employed or retained by the department of rehabilitation and	76381
correction and is appointed by the chief or chief clinical officer	76382
of mental health services as a hospitalization hearing officer to	76383
conduct due process hearings.	76384

(b) An independent decision-maker who presides over any	76385
hearing or issues any order pursuant to this section shall be a	76386
psychiatrist, psychologist, or attorney, shall not be specifically	76387
associated with the institution in which the inmate who is the	76388
subject of the hearing or order resides at the time of the hearing	76389
or order, and previously shall not have had any treatment	76390
relationship with nor have represented in any legal proceeding the	76391
inmate who is the subject of the order.	76392

(B)(1) Except as provided in division (C) of this section, if	76393
the warden of a state correctional institution or the warden's	76394
designee believes that an inmate should be transferred from the	76395
institution to a psychiatric hospital, the department shall hold a	76396
hearing to determine whether the inmate is a mentally ill person	76397
subject to hospitalization. The department shall conduct the	76398
hearing at the state correctional institution in which the inmate	76399
is confined, and the department shall provide qualified	76400
independent assistance to the inmate for the hearing. An	76401
independent decision-maker provided by the department shall	76402
preside at the hearing and determine whether the inmate is a	76403
mentally ill person subject to hospitalization.	76404

(2) Except as provided in division (C) of this section, prior	76405
to the hearing held pursuant to division (B)(1) of this section,	76406
the warden or the warden's designee shall give written notice to	76407
the inmate that the department is considering transferring the	76408
inmate to a psychiatric hospital, that it will hold a hearing on	76409
the proposed transfer at which the inmate may be present, that at	76410
the hearing the inmate has the rights described in division (B)(3)	76411
of this section, and that the department will provide qualified	76412
independent assistance to the inmate with respect to the hearing.	76413
The department shall not hold the hearing until the inmate has	76414
received written notice of the proposed transfer and has had	76415
sufficient time to consult with the person appointed by the	76416
department to provide assistance to the inmate and to prepare for	76417
a presentation at the hearing.	76418

(3) At the hearing held pursuant to division (B)(1) of this	76419
section, the department shall disclose to the inmate the evidence	76420
that it relies upon for the transfer and shall give the inmate an	76421
opportunity to be heard. Unless the independent decision-maker	76422
finds good cause for not permitting it, the inmate may present	76423
documentary evidence and the testimony of witnesses at the hearing	76424
and may confront and cross-examine witnesses called by the	76425
department.	76426

(4) If the independent decision-maker does not find clear and	76427
convincing evidence that the inmate is a mentally ill person	76428
subject to hospitalization, the department shall not transfer the	76429
inmate to a psychiatric hospital but shall continue to confine the	76430
inmate in the same state correctional institution or in another	76431
state correctional institution that the department considers	76432
appropriate. If the independent decision-maker finds clear and	76433
convincing evidence that the inmate is a mentally ill person	76434
subject to hospitalization, the decision-maker shall order that	76435
the inmate be transported to a psychiatric hospital for	76436
observation and treatment for a period of not longer than thirty	76437
days. After the hearing, the independent decision-maker shall	76438
submit to the department a written decision that states one of the	76439
findings described in division (B)(4) of this section, the	76440
evidence that the decision-maker relied on in reaching that	76441
conclusion, and, if the decision is that the inmate should be	76442
transferred, the reasons for the transfer.	76443

(C)(1) The department may transfer an inmate to a psychiatric	76444
hospital under an emergency transfer order if the chief clinical	76445
officer of mental health services of the department or that	76446
officer's designee and either a psychiatrist employed or retained	76447
by the department or, in the absence of a psychiatrist, a	76448
psychologist employed or retained by the department determines	76449
that the inmate is mentally ill, presents an immediate danger to	76450
self or others, and requires hospital-level care.	76451

(2) The department may transfer an inmate to a psychiatric	76452
hospital under an uncontested transfer order if both of the	76453
following apply:	76454

(a) A psychiatrist employed or retained by the department	76455
determines all of the following apply:	76456

(i) The inmate has a mental illness or is a mentally ill	76457
person subject to hospitalization.	76458

(ii) The inmate requires hospital care to address the mental	76459
illness.	76460

(iii) The inmate has the mental capacity to make a reasoned	76461
choice regarding the inmate's transfer to a hospital.	76462

(b) The inmate agrees to a transfer to a hospital.

76463

(3) The written notice and the hearing required under	76464
divisions (B)(1) and (2) of this section are not required for an	76465
emergency transfer or uncontested transfer under division (C)(1)	76466
or (2) of this section.	76467

(4) After an emergency transfer under division (C)(1) of this	76468
section, the department shall hold a hearing for continued	76469
hospitalization within five working days after admission of the	76470
transferred inmate to the psychiatric hospital. The department	76471
shall hold subsequent hearings pursuant to division (F) of this	76472
section at the same intervals as required for inmate patients who	76473
are transported to a psychiatric hospital under division (B)(4) of	76474
this section.	76475

(5) After an uncontested transfer under division (C)(2) of	76476
this section, the inmate may withdraw consent to the transfer in	76477
writing at any time. Upon the inmate's withdrawal of consent, the	76478
hospital shall discharge the inmate, or, within five working days,	76479
the department shall hold a hearing for continued hospitalization.	76480
The department shall hold subsequent hearings pursuant to division	76481
(F) of this section at the same time intervals as required for	76482
inmate patients who are transported to a psychiatric hospital	76483
under division (B)(4) of this section.	76484

(D)(1) If an independent decision-maker, pursuant to division	76485
(B)(4) of this section, orders an inmate transported to a	76486
psychiatric hospital or if an inmate is transferred pursuant to	76487
division (C)(1) or (2) of this section, the staff of the	76488
psychiatric hospital shall examine the inmate patient when	76489
admitted to the psychiatric hospital as soon as practicable after	76490
the inmate patient arrives at the hospital and no later than	76491
twenty-four hours after the time of arrival. The attending	76492
physician responsible for the inmate patient's care shall give the	76493
inmate patient all information necessary to enable the patient to	76494
give a fully informed, intelligent, and knowing consent to the	76495
treatment the inmate patient will receive in the hospital. The	76496
attending physician shall tell the inmate patient the expected	76497
physical and medical consequences of any proposed treatment and	76498
shall give the inmate patient the opportunity to consult with	76499
another psychiatrist at the hospital and with the inmate advisor.	76500

(2) No inmate patient who is transported or transferred	76501
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	76502
psychiatric hospital within a facility that is operated by the	76503
department of rehabilitation and correction shall be subjected to	76504
any of the following procedures:	76505

(a) Convulsive therapy;

76506

(b) Major aversive interventions;

76507

76508

(d) Psychosurgery.

76509

(E) The department of rehabilitation and correction shall	76510
ensure that an inmate patient hospitalized pursuant to this	76511
section receives or has all of the following:	76512

(1) Receives sufficient professional care within twenty days	76513
of admission to ensure that an evaluation of the inmate patient's	76514
current status, differential diagnosis, probable prognosis, and	76515
description of the current treatment plan have been formulated and	76516
are stated on the inmate patient's official chart;	76517

(2) Has a written treatment plan consistent with the	76518
evaluation, diagnosis, prognosis, and goals of treatment;	76519

(3) Receives treatment consistent with the treatment plan;

76520

(4) Receives periodic reevaluations of the treatment plan by	76521
the professional staff at intervals not to exceed thirty days;	76522

(5) Is provided with adequate medical treatment for physical	76523
disease or injury;	76524

(6) Receives humane care and treatment, including, without	76525
being limited to, the following:	76526

(a) Access to the facilities and personnel required by the	76527
treatment plan;	76528

(b) A humane psychological and physical environment;

76529

(c) The right to obtain current information concerning the	76530
treatment program, the expected outcomes of treatment, and the	76531
expectations for the inmate patient's participation in the	76532
treatment program in terms that the inmate patient reasonably can	76533
understand;	76534

(d) Opportunity for participation in programs designed to	76535
help the inmate patient acquire the skills needed to work toward	76536
discharge from the psychiatric hospital;	76537

(e) The right to be free from unnecessary or excessive	76538
medication and from unnecessary restraints or isolation;	76539

(f) All other rights afforded inmates in the custody of the	76540
department consistent with rules, policy, and procedure of the	76541
department.	76542

(F) The department shall hold a hearing for the continued	76543
hospitalization of an inmate patient who is transported or	76544
transferred to a psychiatric hospital pursuant to division (B)(4)	76545
or (C)(1) of this section prior to the expiration of the initial	76546
thirty-day period of hospitalization. The department shall hold	76547
any subsequent hearings, if necessary, not later than ninety days	76548
after the first thirty-day hearing and then not later than each	76549
one hundred and eighty days after the immediately prior hearing.	76550
An independent decision-maker shall conduct the hearings at the	76551
psychiatric hospital in which the inmate patient is confined. The	76552
inmate patient shall be afforded all of the rights set forth in	76553
this section for the hearing prior to transfer to the psychiatric	76554
hospital. The department may not waive a hearing for continued	76555
commitment. A hearing for continued commitment is mandatory for an	76556
inmate patient transported or transferred to a psychiatric	76557
hospital pursuant to division (B)(4) or (C)(1) of this section	76558
unless the inmate patient has the capacity to make a reasoned	76559
choice to execute a waiver and waives the hearing in writing. An	76560
inmate patient who is transferred to a psychiatric hospital	76561
pursuant to an uncontested transfer under division (C)(2) of this	76562
section and who has scheduled hearings after withdrawal of consent	76563
for hospitalization may waive any of the scheduled hearings if the	76564
inmate has the capacity to make a reasoned choice and executes a	76565
written waiver of the hearing.	76566

If upon completion of the hearing the independent	76567
decision-maker does not find by clear and convincing evidence that	76568
the inmate patient is a mentally ill person subject to	76569
hospitalization, the independent decision-maker shall order the	76570
inmate patient's discharge from the psychiatric hospital. If the	76571
independent decision-maker finds by clear and convincing evidence	76572
that the inmate patient is a mentally ill person subject to	76573
hospitalization, the independent decision-maker shall order that	76574
the inmate patient remain at the psychiatric hospital for	76575
continued hospitalization until the next required hearing.	76576

If at any time prior to the next required hearing for	76577
continued hospitalization, the medical director of the hospital or	76578
the attending physician determines that the treatment needs of the	76579
inmate patient could be met equally well in an available and	76580
appropriate less restrictive state correctional institution or	76581
unit, the medical director or attending physician may discharge	76582
the inmate to that facility.	76583

(G) An inmate patient is entitled to the credits toward the	76584
reduction of the inmate patient's stated prison term pursuant to	76585
Chapters 2967. and 5120. of the Revised Code under the same terms	76586
and conditions as if the inmate patient were in any other	76587
institution of the department of rehabilitation and correction.	76588

(H) The adult parole authority may place an inmate patient on	76589
parole or under post-release control directly from a psychiatric	76590
hospital.	76591

(I) If an inmate patient who is a mentally ill person subject	76592
to hospitalization is to be released from a psychiatric hospital	76593
because of the expiration of the inmate patient's stated prison	76594
term, the director of rehabilitation and correction or the	76595
director's designee, at least fourteen days before the expiration	76596
date, may file an affidavit under section 5122.11 or 5123.71 of	76597
the Revised Code with the probate court in the county where the	76598
psychiatric hospital is located or the probate court in the county	76599
where the inmate will reside, alleging that the inmate patient is	76600
a mentally ill person subject to hospitalization by court order or	76601
a mentally retarded person subject to institutionalization by	76602
court order, whichever is applicable. The proceedings in the	76603
probate court shall be conducted pursuant to Chapter 5122. or	76604
5123. of the Revised Code except as modified by this division.	76605

Upon the request of the inmate patient, the probate court	76606
shall grant the inmate patient an initial hearing under section	76607
5122.141 of the Revised Code or a probable cause hearing under	76608
section 5123.75 of the Revised Code before the expiration of the	76609
stated prison term. After holding a full hearing, the probate	76610
court shall make a disposition authorized by section 5122.15 or	76611
5123.76 of the Revised Code before the date of the expiration of	76612
the stated prison term. No inmate patient shall be held in the	76613
custody of the department of rehabilitation and correction past	76614
the date of the expiration of the inmate patient's stated prison	76615
term.	76616

(J) The department of rehabilitation and correction shall set	76617
standards for treatment provided to inmate patients.	76618

(K) A certificate, application, record, or report that is	76619
made in compliance with this section and that directly or	76620
indirectly identifies an inmate or former inmate whose	76621
hospitalization has been sought under this section is	76622
confidential. No person shall disclose the contents of any	76623
certificate, application, record, or report of that nature or any	76624
other psychiatric or medical record or report regarding a mentally	76625
ill inmate unless one of the following applies:	76626

(1) The person identified, or the person's legal guardian, if	76627
any, consents to disclosure, and the chief clinical officer or	76628
designee of mental health services of the department of	76629
rehabilitation and correction determines that disclosure is in the	76630
best interests of the person.	76631

(2) Disclosure is required by a court order signed by a	76632
judge.	76633

(3) An inmate patient seeks access to the inmate patient's	76634
own psychiatric and medical records, unless access is specifically	76635
restricted in the treatment plan for clear treatment reasons.	76636

(4) Hospitals and other institutions and facilities within	76637
the department of rehabilitation and correction may exchange	76638
psychiatric records and other pertinent information with other	76639
hospitals, institutions, and facilities of the department, but the	76640
information that may be released about an inmate patient is	76641
limited to medication history, physical health status and history,	76642
summary of course of treatment in the hospital, summary of	76643
treatment needs, and a discharge summary, if any.	76644

(5) An inmate patient's family member who is involved in	76645
planning, providing, and monitoring services to the inmate patient	76646
may receive medication information, a summary of the inmate	76647
patient's diagnosis and prognosis, and a list of the services and	76648
personnel available to assist the inmate patient and family if the	76649
attending physician determines that disclosure would be in the	76650
best interest of the inmate patient. No disclosure shall be made	76651
under this division unless the inmate patient is notified of the	76652
possible disclosure, receives the information to be disclosed, and	76653
does not object to the disclosure.	76654

(6) The department of rehabilitation and correction may	76655
exchange psychiatric hospitalization records, other mental health	76656
treatment records, and other pertinent information with county	76657
sheriffs' offices, hospitals, institutions, and facilities of the	76658
department of ~~mental health~~mental health and addiction services	76659
and with community mental health ~~agencies~~services providers and	76660
boards of alcohol, drug addiction, and mental health services with	76661
which the department of ~~mental health~~mental health and addiction	76662
services has a current agreement for patient care or services to	76663
ensure continuity of care. Disclosure under this division is	76664
limited to records regarding a mentally ill inmate's medication	76665
history, physical health status and history, summary of course of	76666
treatment, summary of treatment needs, and a discharge summary, if	76667
any. No office, department, agency, provider, or board shall	76668
disclose the records and other information unless one of the	76669
following applies:	76670

(a) The mentally ill inmate is notified of the possible	76671
disclosure and consents to the disclosure.	76672

(b) The mentally ill inmate is notified of the possible	76673
disclosure, an attempt to gain the consent of the inmate is made,	76674
and the office, department, agency, or board documents the attempt	76675
to gain consent, the inmate's objections, if any, and the reasons	76676
for disclosure in spite of the inmate's objections.	76677

(7) Information may be disclosed to staff members designated	76678
by the director of rehabilitation and correction for the purpose	76679
of evaluating the quality, effectiveness, and efficiency of	76680
services and determining if the services meet minimum standards.	76681

The name of an inmate patient shall not be retained with the	76682
information obtained during the evaluations.	76683

(L) The director of rehabilitation and correction may adopt	76684
rules setting forth guidelines for the procedures required under	76685
divisions (B), (C)(1), and (C)(2) of this section.	76686

Sec. 5120.171. (A) The department of rehabilitation and	76687
correction shall have exclusive direction and control of the care	76688
and treatment of seriously mentally ill inmates who are in the	76689
department's custody. The department shall enter into any	76690
arrangements it considers desirable on such matters, including but	76691
not limited to both of the following:	76692

(1) The monitoring of such services by another state agency	76693
or agencies;	76694

(2) Adopting joint standards for the provision and monitoring	76695
of mental health services with the department of ~~mental health~~	76696
mental health and addiction services and other state agencies.	76697

(B) In order to implement its duties imposed by division (A)	76698
of this section, the department of rehabilitation and correction	76699
may enter into a contract for the provision of the mental health	76700
services described in that division.	76701

Sec. 5120.652. To participate in the prison nursery program,	76702
each eligible inmate selected by the department shall do all the	76703
following:	76704

(A) Agree in writing to do all the following:

76705

(1) Comply with any program, educational, counseling, and	76706
other requirements established for the program by the department	76707
of rehabilitation and correction;	76708

(2) If eligible, have the child participate in the medicaid	76709
program or a health insurance program;	76710

(3) Accept the normal risks of childrearing;

76711

(4) Abide by any court decisions regarding the allocation of	76712
parental rights and responsibilities with respect to the child.	76713

(B) Assign to the department any rights to support from any	76714
other person, excluding support assigned pursuant to section	76715
5107.20 of the Revised Code and medical support assigned pursuant	76716
to section ~~5101.59~~5160.38 of the Revised Code;	76717

(C) Specify with whom the child is to be placed in the event	76718
the inmate's participation in the program is terminated for a	76719
reason other than release from imprisonment.	76720

Sec. 5120.654. (A) The rights to support assigned by an	76721
inmate pursuant to section 5120.652 of the Revised Code constitute	76722
an obligation of the person who is responsible for providing the	76723
support to the department of rehabilitation and correction for the	76724
support provided the inmate and child pursuant to the prison	76725
nursery program. The division of child support in the department	76726
of job and family services shall collect support payments made	76727
pursuant to the assignment and forward them to the department of	76728
rehabilitation and correction.	76729

(B) The department of rehabilitation and correction may	76730
receive the following:	76731

(1) Money that is assigned or donated on behalf of, and	76732
~~public~~ assistance provided under Ohio works first to, a specific	76733
inmate or child participating in the prison nursery program;	76734

(2) Money assigned or donated to establish and maintain the	76735
prison nursery program.	76736

(C) The amounts described in division (B)(1) of this section	76737
shall be placed in the individual nursery account created and	76738
maintained under section 5120.655 of the Revised Code for the	76739
inmate and child for whom the money was received. The money	76740
described in division (B)(2) of this section shall be deposited in	76741
the appropriate prison nursery program fund.	76742

Sec. 5121.051. All outstanding liability of relatives for	76743
the support of any patient or resident in a benevolent institution	76744
under the control of the department of ~~mental health~~mental health	76745
and addiction services or the department of developmental	76746
disabilities accrued prior to January 1, 1956, including the	76747
liability of the patient personally, is hereby canceled, provided	76748
that this section does not abrogate any written agreements or	76749
security arrangement for the payment of support charges entered	76750
into between the state and any patient or liable relative prior to	76751
such date.	76752

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	76753
Revised Code:	76754

(A) ~~"Community mental health services client" or "client"~~	76755
~~means a person receiving state-operated community mental health~~	76756
~~services.~~	76757

~~(B)~~ "Countable assets" means all of the following:

76758

(1) Cash;

76759

(2) Bank deposits;

76760

(3) Securities;

76761

(4) Individual retirement accounts;

76762

(5) Qualified employer plans, including 401(k) and Keogh	76763
plans;	76764

(6) Annuities;

76765

(7) Funds in a trust created under section 5815.28 of the	76766
Revised Code;	76767

(8) Investment property and income;

76768

(9) The cash surrender values of life insurance policies;

76769

(10) Assets acquired by gift, bequest, devise, or	76770
inheritance;	76771

(11) Any other asset determined by the department of ~~mental~~	76772
~~health~~mental health and addiction services to be equivalent to	76773
the assets enumerated in this division.	76774

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	76775
level represented by the poverty guidelines as revised annually by	76776
the United States department of health and human services in	76777
accordance with section 673(2) of the "Omnibus Reconciliation Act	76778
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	76779
size equal to the size of the family of the person whose income is	76780
being determined.	76781

~~(D)~~(C) "Federal poverty guidelines" means the poverty	76782
guidelines as revised annually by the United States department of	76783
health and human services in accordance with section 673(2) of the	76784
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	76785
U.S.C. 9902, as amended, for a family size equal to the size of	76786
the family of the person whose income is being determined.	76787

~~(E)~~(D) "Hospital" means an institution, hospital, or other	76788
place established, controlled, or supervised by the department of	76789
~~mental health~~mental health and addiction services under Chapter	76790
5119. of the Revised Code.	76791

~~(F)~~(E) "Liable relative" means all of the following:

76792

(1) A patient's spouse;

76793

(2) A patient's mother or father, or both, if the patient is	76794
under eighteen years of age;	76795

(3) A patient's guardian.

76796

~~(G)~~(F) "Patient" means a person admitted to a hospital for	76797
inpatient care or treatment, including a person transferred to a	76798
hospital from a state correctional institution or a person under	76799
indictment or conviction who has been transferred to a hospital.	76800

Sec. 5121.32. On an annual basis, the department of ~~mental~~	76801
~~health~~mental health and addiction services shall determine both	76802
of the following using generally accepted governmental accounting	76803
principles:	76804

(A) The applicable per diem charge for each hospital operated	76805
by the department;	76806

(B) The ancillary per diem rate for each hospital operated by	76807
the department.	76808

In determining a hospital's applicable per diem charge and	76809
ancillary per diem rate, the department shall consider the average	76810
actual per diem cost of maintaining and treating a patient at the	76811
hospital or, at the department's discretion, the average actual	76812
per diem cost of maintaining and treating a patient in a unit of	76813
the hospital.	76814

Sec. 5121.33. Except as provided in sections 5121.35,	76815
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	76816
Code, the department of ~~mental health~~mental health and addiction	76817
services shall, for each billing cycle, charge a patient,	76818
patient's estate, or liable relative an amount equal to the sum of	76819
the following:	76820

(A) The applicable per diem charge multiplied by the number	76821
of days the patient was admitted to the hospital;	76822

(B) An amount that was previously billed but not paid.

76823

Sec. 5121.34. (A) A patient, patient's estate, and patient's	76824
liable relatives shall be jointly and severally liable for amounts	76825
charged by the department of ~~mental health~~mental health and	76826
addiction services in accordance with section 5121.33 or 5121.35	76827
of the Revised Code. In no case shall any of the foregoing persons	76828
be liable for more than one hundred per cent of the full sum	76829
charged under section 5121.33 of the Revised Code.	76830

(B) Collections of support payments shall be made by the	76831
department and, subject to meeting prior requirements for payment	76832
and crediting of such collections and other available receipts, in	76833
accordance with the bond proceedings applicable to obligations	76834
issued pursuant to section 154.20 of the Revised Code. The	76835
collections and other available receipts designated by the	76836
director of ~~mental health~~mental health and addiction services for	76837
deposit in the special accounts, together with insurance contract	76838
payments provided for in section 5121.43 of the Revised Code,	76839
shall be remitted to the treasurer of state for deposit in the	76840
state treasury to the credit of the mental health operating fund,	76841
which is hereby created, to be used for the general purposes of	76842
the department. The department shall make refunds of overpayment	76843
of support charges from the mental health operating fund.	76844

Sec. 5121.35. The department of ~~mental health~~mental health	76845
and addiction services shall charge a patient, patient's estate,	76846
or liable relative an amount discounted from the amount the	76847
department charges under section 5121.33 of the Revised Code if	76848
the department determines through the application process	76849
described in section 5121.36 of the Revised Code or through the	76850
financial assessment process described in section 5121.37 of the	76851
Revised Code that the patient, estate, or relative is eligible for	76852
a discount.	76853

Sec. 5121.36. (A) A patient, patient's estate, or liable	76854
relative may apply for a discount by completing an application	76855
form prescribed by the director of ~~mental health~~mental health and	76856
addiction services. The department of ~~mental health~~mental health	76857
and addiction services may require a patient, estate, or relative	76858
to furnish any of the following with an application form:	76859

(1) A copy of the patient's, estate's, or liable relative's	76860
federal income tax return for the year preceding the date of	76861
application or, if that is not yet available, the preceding year;	76862

(2) A copy of the patient's, estate's, or liable relative's	76863
employee tax withholding return (form W-2) for the year preceding	76864
the date of application;	76865

(3) Any other relevant documents prescribed by the director	76866
of ~~mental health~~mental health and addiction services.	76867

(B) To be considered, an application must be submitted to the	76868
department not later than ninety days after the date the patient	76869
is admitted to a hospital.	76870

(C) From the information provided by a patient, estate, or	76871
relative, the department shall determine whether the department	76872
will charge the person a discounted amount in accordance with	76873
sections 5121.40 and 5121.41 of the Revised Code. In making this	76874
determination, the department shall consider whether the patient	76875
is covered by an insurance policy or other contract that provides	76876
for payment of expenses and treatment for mental illness. If the	76877
department determines that the patient has coverage, the	76878
department shall require payment in accordance with section	76879
5121.43 of the Revised Code.	76880

(D) The department shall notify the patient, executor or	76881
administrator of the patient's estate, or liable relative who	76882
submitted the application form in writing regarding whether that	76883
person will be charged a discounted amount and the per diem rate	76884
to be charged.	76885

(E) In accordance with section 5121.42 of the Revised Code,	76886
the department may, at any time, modify an amount charged or	76887
change the per diem rate to be charged if the department learns of	76888
countable assets or income that was not previously disclosed or	76889
was acquired after the application form was submitted. Within a	76890
reasonable time, the department shall notify in writing any person	76891
affected by a modification or change.	76892

Sec. 5121.37. After a patient's admittance to a hospital, the	76893
department of ~~mental health~~mental health and addiction services	76894
shall conduct a financial assessment to determine whether the	76895
patient, patient's estate, or liable relative will be charged an	76896
amount discounted from the amount the department charges under	76897
section 5121.33 of the Revised Code. The department shall make the	76898
determination in accordance with sections 5121.40 and 5121.41 of	76899
the Revised Code.	76900

If a discounted rate is to be charged, the department shall	76901
notify the person whose financial condition was assessed. The	76902
notice shall specify the per diem rate to be charged.	76903

In accordance with section 5121.42 of the Revised Code, the	76904
department may, at any time, modify an amount charged or change	76905
the per diem rate to be charged if the department learns of	76906
countable assets or income that was not previously disclosed or	76907
was acquired after the assessment was conducted. Within a	76908
reasonable time, the department shall notify in writing any person	76909
affected by a modification or change.	76910

Sec. 5121.38. The department of ~~mental health~~mental health	76911
and addiction services may subpoena witnesses, take testimony	76912
under oath, and examine any public records relating to the income	76913
and other assets of a patient or of a relative liable for such	76914
patient's support. All information, conclusions, and	76915
recommendations shall be submitted to the department by the	76916
investigating agent of the department.	76917

Sec. 5121.40. (A) A patient, patient's estate, or liable	76918
relative may be eligible to be charged an amount discounted from	76919
the amount the department of ~~mental health~~mental health and	76920
addiction services charges under section 5121.33 of the Revised	76921
Code if the patient, estate, or relative has countable assets with	76922
a total value that is not greater than an amount equal to fifty	76923
per cent of the difference between the following:	76924

(1) The gross annual income that corresponds with a family	76925
size of two persons at one hundred per cent of the federal poverty	76926
level for the state;	76927

(2) The gross annual income that corresponds with a family	76928
size of one person at one hundred per cent of the federal poverty	76929
level for the state. For purposes of determining family size, the	76930
patient is one dependent. One additional dependent shall be	76931
included for each of the following circumstances and persons:	76932

(a) The patient or liable relative is legally blind or deaf.

76933

(b) The patient or liable relative is of sixty-five years of	76934
age or older.	76935

(c) Each child under eighteen years of age for which the	76936
patient or liable relative has legal custody;	76937

(d) The patient's or liable relative's spouse.

76938

(B) A patient, estate, or relative may, not later than ninety	76939
days after the patient's admission to a hospital, surrender the	76940
value of countable assets sufficient to reduce countable assets to	76941
not more than the limit described in division (A) of this section.	76942

Sec. 5121.42. (A) Except as provided in division (B) of this	76943
section, a patient, patient's estate, or liable relative shall	76944
cease to be eligible for a discount under ~~sections~~section 5121.36	76945
or 5121.37 of the Revised Code on accumulation of countable assets	76946
in excess of an amount equal to fifty per cent of the difference	76947
between the following:	76948

(1) The gross annual income that corresponds with a family	76949
size of two persons at one hundred per cent of the federal poverty	76950
level for the state;	76951

(2) The gross annual income that corresponds with a family	76952
size of one person at one hundred per cent of the federal poverty	76953
level for the state.	76954

(B) Money needed to meet the patient's needs and burial fund	76955
as determined by a needs assessment conducted by the department of	76956
~~mental health~~mental health and addiction services pursuant to	76957
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	76958
shall be excluded from any determination the department makes	76959
under division (A) of this section.	76960

Sec. 5121.43. If a patient is covered by an insurance policy	76961
or other contract that provides for payment of expenses for care	76962
and treatment for mental illness at or from a hospital under the	76963
jurisdiction of the department of ~~mental health~~mental health and	76964
addiction services, sections 5121.33 to 5121.55 of the Revised	76965
Code are inapplicable to the extent that the policy or contract is	76966
in force. Any insurance carrier or other third party payor	76967
providing coverage for such care and treatment shall pay for the	76968
patient's support obligation in amounts equal to the lesser of	76969
amounts charged by the department under section 5121.33 of the	76970
Revised Code or the benefits provided under the policy or other	76971
contract. Whether or not an insured, owner of, or other person	76972
having an interest in such policy or other contract is liable for	76973
support payments, the insured, policy owner, or other person shall	76974
assign payment directly to the department of all assignable	76975
benefits under the policy or other contract and shall pay to the	76976
department, within ten days of receipt, all insurance or other	76977
benefits received as reimbursement or payment for expenses	76978
incurred by the patient or for any other reason. If the insured,	76979
policy owner, or other person refuses to assign payment to the	76980
department or refuses to pay received reimbursements or payments	76981
to the department within ten days of receipt, the total liability	76982
of the insured, policy owner, or other person for the services is	76983
an amount equal to the per diem charge for the hospital where the	76984
patient was admitted multiplied by the number of days the patient	76985
was admitted.	76986

In no event shall this total liability exceed the	76987
department's actual cost of providing care and treatment to a	76988
patient. The department may disqualify patients and liable	76989
relatives who have retained third party funds from future	76990
discounts. The department may request that the attorney general	76991
petition a court of competent jurisdiction to compel the insured,	76992
owner of, or other person having an interest in the policy or	76993
contract to comply with the assignment requirements in this	76994
section.	76995

Sec. 5121.44. The department of ~~mental health~~mental health	76996
and addiction services may enter into an extended payment	76997
agreement with a patient, patient's estate, or liable relative who	76998
has notified the department that the patient, estate, or relative	76999
cannot reasonably pay an amount the department has charged. In no	77000
case shall the department take a security interest, mortgage, or	77001
lien against the principal family residence of a patient or liable	77002
relative.	77003

Sec. 5121.45. (A) For purposes of this section, "delinquent	77004
payment" means an amount owed by a patient, patient's estate, or	77005
liable relative to the department of ~~mental health~~mental health	77006
and addiction services for which the person has failed to do	77007
either of the following not later than ninety days after the	77008
service associated with the charge was incurred:	77009

(1) Make payment in full;

77010

(2) Make a payment in accordance with the terms of an	77011
agreement entered into under section 5121.44 of the Revised Code.	77012

(B) An action to enforce the collection of a delinquent	77013
payment shall be commenced not later than six years after the	77014
later of the following:	77015

(1) The last date the department received money to satisfy	77016
the delinquent payment;	77017

(2) The date the charge was due.

77018

(C) In all actions to enforce the collection of delinquent	77019
payments, a court of record shall receive into evidence the proof	77020
of claim document made by the state together with all debts and	77021
credits. The proof of claim document shall be prima-facie evidence	77022
of the facts stated in the document.	77023

Sec. 5121.46. The department of ~~mental health~~mental health	77024
and addiction services shall not charge a liable relative under	77025
sections 5121.33 and 5121.35 of the Revised Code who has done	77026
either of the following:	77027

(A) Paid all amounts charged by the department for the care	77028
and treatment of a particular patient for fifteen consecutive	77029
years;	77030

(B) Paid amounts charged by the department for the care and	77031
treatment of more than one patient for a total of fifteen	77032
consecutive years.	77033

Sec. 5121.47. Irrespective of the number of patients for	77034
which the department of ~~mental health~~mental health and addiction	77035
services may charge a liable relative under sections 5121.33 or	77036
and 5121.35 of the Revised Code, the department shall not charge a	77037
liable relative or group of liable relatives who are members of	77038
the same family unit for the support of more than one patient	77039
during the same period of time.	77040

Sec. 5121.49. (A) Any person who has been charged under	77041
section 5121.33 or 5121.35 of the Revised Code may petition the	77042
department of ~~mental health~~mental health and addiction services	77043
to do the following:	77044

(1) Release the person from a charge;

77045

(2) Modify or cancel a charge.

77046

(B) The department shall respond to a petition in writing and	77047
inform the petitioner of whether a release, modification, or	77048
cancellation has been approved.	77049

Sec. 5121.50. When a patient is committed to a hospital	77050
pursuant to judicial proceedings, the judge ordering the	77051
commitment shall:	77052

(A) Make a reliable report on the financial condition of the	77053
patient and of each liable relative, as provided in rules adopted	77054
by the director of ~~mental health~~mental health and addiction	77055
services;	77056

(B) Certify the report required under division (A) of this	77057
section to the managing officer of the hospital. The managing	77058
officer shall thereupon enter in the managing officer's records	77059
the name and address of any guardian appointed and of any relative	77060
liable for the patient's support.	77061

Sec. 5121.51. In case the estate of any patient in a	77062
hospital is sufficient for the patient's support and no guardian	77063
has been appointed for such estate, the agent of the department of	77064
~~mental health~~mental health and addiction services shall petition	77065
the probate court of the proper county to appoint a guardian.	77066

Sec. 5121.52. On the death of a person who is a patient, or	77067
has been a patient in a hospital, or on the death of a person	77068
responsible under section 5121.34 of the Revised Code for the	77069
support of a patient, the department of ~~mental health~~mental	77070
health and addiction services may waive the presentation of any	77071
claim for support against the estate of such decedent, when in its	77072
judgment an otherwise dependent person will be directly benefited	77073
by the estate. Claims against an estate for support of a patient	77074
are subject to section 5815.28 and Chapter 2117. of the Revised	77075
Code, and shall be treated, and may be barred, the same as the	77076
claims of other creditors of the estate, pursuant to that section	77077
or chapter.	77078

The department of ~~mental health~~mental health and addiction	77079
services may accept from a guardian or trustee of a patient a	77080
contract agreeing to pay to the state from the property of the	77081
guardian's or trustee's ward before or at the death of the ward a	77082
fixed annual amount for the support of the ward while the ward is	77083
a patient, with interest at four per cent per annum. A copy of the	77084
contract shall be filed in the probate court of the proper county	77085
and duly entered as a part of the records concerning the ward.	77086

Sec. 5121.55. The cost for support of a client of	77087
state-operated community mental health services is an amount	77088
determined using guidelines the department of ~~mental health~~mental	77089
health and addiction services shall issue. The guidelines shall be	77090
based on cost findings and rate-settings applicable to such	77091
services.	77092

Sec. 5122.01. As used in this chapter and Chapter 5119. of	77093
the Revised Code:	77094

(A) "Mental illness" means a substantial disorder of thought,	77095
mood, perception, orientation, or memory that grossly impairs	77096
judgment, behavior, capacity to recognize reality, or ability to	77097
meet the ordinary demands of life.	77098

(B) "Mentally ill person subject to hospitalization by court	77099
order" means a mentally ill person who, because of the person's	77100
illness:	77101

(1) Represents a substantial risk of physical harm to self as	77102
manifested by evidence of threats of, or attempts at, suicide or	77103
serious self-inflicted bodily harm;	77104

(2) Represents a substantial risk of physical harm to others	77105
as manifested by evidence of recent homicidal or other violent	77106
behavior, evidence of recent threats that place another in	77107
reasonable fear of violent behavior and serious physical harm, or	77108
other evidence of present dangerousness;	77109

(3) Represents a substantial and immediate risk of serious	77110
physical impairment or injury to self as manifested by evidence	77111
that the person is unable to provide for and is not providing for	77112
the person's basic physical needs because of the person's mental	77113
illness and that appropriate provision for those needs cannot be	77114
made immediately available in the community; or	77115

(4) Would benefit from treatment in a hospital for the	77116
person's mental illness and is in need of such treatment as	77117
manifested by evidence of behavior that creates a grave and	77118
imminent risk to substantial rights of others or the person.	77119

(C)(1) "Patient" means, subject to division (C)(2) of this	77120
section, a person who is admitted either voluntarily or	77121
involuntarily to a hospital or other place under section 2945.39,	77122
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	77123
finding of not guilty by reason of insanity or incompetence to	77124
stand trial or under this chapter, who is under observation or	77125
receiving treatment in such place.	77126

(2) "Patient" does not include a person admitted to a	77127
hospital or other place under section 2945.39, 2945.40, 2945.401,	77128
or 2945.402 of the Revised Code to the extent that the reference	77129
in this chapter to patient, or the context in which the reference	77130
occurs, is in conflict with any provision of sections 2945.37 to	77131
2945.402 of the Revised Code.	77132

(D) "Licensed physician" means a person licensed under the	77133
laws of this state to practice medicine or a medical officer of	77134
the government of the United States while in this state in the	77135
performance of the person's official duties.	77136

(E) "Psychiatrist" means a licensed physician who has	77137
satisfactorily completed a residency training program in	77138
psychiatry, as approved by the residency review committee of the	77139
American medical association, the committee on post-graduate	77140
education of the American osteopathic association, or the American	77141
osteopathic board of neurology and psychiatry, or who on July 1,	77142
1989, has been recognized as a psychiatrist by the Ohio state	77143
medical association or the Ohio osteopathic association on the	77144
basis of formal training and five or more years of medical	77145
practice limited to psychiatry.	77146

(F) "Hospital" means a hospital or inpatient unit licensed by	77147
the department of ~~mental health~~mental health and addiction	77148
services under section ~~5119.20~~5119.33 of the Revised Code, and	77149
any institution, hospital, or other place established, controlled,	77150
or supervised by the department under Chapter 5119. of the Revised	77151
Code.	77152

(G) "Public hospital" means a facility that is tax-supported	77153
and under the jurisdiction of the department of ~~mental health~~	77154
mental health and addiction services.	77155

(H) "Community mental health ~~agency~~services provider" means	77156
an agency, association, corporation, individual, or program that	77157
provides community mental health services that are certified by	77158
the director of ~~mental health~~mental health and addiction services	77159
under section ~~5119.611~~5119.36 of the Revised Code.	77160

(I) "Licensed clinical psychologist" means a person who holds	77161
a current valid psychologist license issued under section 4732.12	77162
or 4732.15 of the Revised Code, and in addition, meets either of	77163
the following criteria:	77164

(1) Meets the educational requirements set forth in division	77165
(B) of section 4732.10 of the Revised Code and has a minimum of	77166
two years' full-time professional experience, or the equivalent as	77167
determined by rule of the state board of psychology, at least one	77168
year of which shall be a predoctoral internship, in clinical	77169
psychological work in a public or private hospital or clinic or in	77170
private practice, diagnosing and treating problems of mental	77171
illness or mental retardation under the supervision of a	77172
psychologist who is licensed or who holds a diploma issued by the	77173
American board of professional psychology, or whose qualifications	77174
are substantially similar to those required for licensure by the	77175
state board of psychology when the supervision has occurred prior	77176
to enactment of laws governing the practice of psychology;	77177

(2) Meets the educational requirements set forth in division	77178
(B) of section 4732.15 of the Revised Code and has a minimum of	77179
four years' full-time professional experience, or the equivalent	77180
as determined by rule of the state board of psychology, in	77181
clinical psychological work in a public or private hospital or	77182
clinic or in private practice, diagnosing and treating problems of	77183
mental illness or mental retardation under supervision, as set	77184
forth in division (I)(1) of this section.	77185

(J) "Health officer" means any public health physician;	77186
public health nurse; or other person authorized by or designated	77187
by a city health district; a general health district; or a board	77188
of alcohol, drug addiction, and mental health services to perform	77189
the duties of a health officer under this chapter.	77190

(K) "Chief clinical officer" means the medical director of a	77191
hospital, or a community mental health ~~agency~~services provider,	77192
or a board of alcohol, drug addiction, and mental health services,	77193
or, if there is no medical director, the licensed physician	77194
responsible for the treatment a hospital or community mental	77195
health ~~agency~~services provider provides. The chief clinical	77196
officer may delegate to the attending physician responsible for a	77197
patient's care the duties imposed on the chief clinical officer by	77198
this chapter. Within a community mental health ~~agency~~services	77199
provider, the chief clinical officer shall be designated by the	77200
governing body of the ~~agency~~services provider and shall be a	77201
licensed physician or licensed clinical psychologist who	77202
supervises diagnostic and treatment services. A licensed physician	77203
or licensed clinical psychologist designated by the chief clinical	77204
officer may perform the duties and accept the responsibilities of	77205
the chief clinical officer in the chief clinical officer's	77206
absence.	77207

(L) "Working day" or "court day" means Monday, Tuesday,	77208
Wednesday, Thursday, and Friday, except when such day is a	77209
holiday.	77210

(M) "Indigent" means unable without deprivation of	77211
satisfaction of basic needs to provide for the payment of an	77212
attorney and other necessary expenses of legal representation,	77213
including expert testimony.	77214

(N) "Respondent" means the person whose detention,	77215
commitment, hospitalization, continued hospitalization or	77216
commitment, or discharge is being sought in any proceeding under	77217
this chapter.	77218

(O) "Ohio protection and advocacy system" has the same	77219
meaning as in section 5123.60 of the Revised Code.	77220

(P) "Independent expert evaluation" means an evaluation	77221
conducted by a licensed clinical psychologist, psychiatrist, or	77222
licensed physician who has been selected by the respondent or the	77223
respondent's counsel and who consents to conducting the	77224
evaluation.	77225

(Q) "Court" means the probate division of the court of common	77226
pleas.	77227

(R) "Expunge" means:

77228

(1) The removal and destruction of court files and records,	77229
originals and copies, and the deletion of all index references;	77230

(2) The reporting to the person of the nature and extent of	77231
any information about the person transmitted to any other person	77232
by the court;	77233

(3) Otherwise insuring that any examination of court files	77234
and records in question shall show no record whatever with respect	77235
to the person;	77236

(4) That all rights and privileges are restored, and that the	77237
person, the court, and any other person may properly reply that no	77238
such record exists, as to any matter expunged.	77239

(S) "Residence" means a person's physical presence in a	77240
county with intent to remain there, except that:	77241

(1) If a person is receiving a mental health service at a	77242
facility that includes nighttime sleeping accommodations,	77243
residence means that county in which the person maintained the	77244
person's primary place of residence at the time the person entered	77245
the facility;	77246

(2) If a person is committed pursuant to section 2945.38,	77247
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	77248
residence means the county where the criminal charges were filed.	77249

When the residence of a person is disputed, the matter of	77250
residence shall be referred to the department of ~~mental health~~	77251
mental health and addiction services for investigation and	77252
determination. Residence shall not be a basis for a board's	77253
denying services to any person present in the board's service	77254
district, and the board shall provide services for a person whose	77255
residence is in dispute while residence is being determined and	77256
for a person in an emergency situation.	77257

(T) "Admission" to a hospital or other place means that a	77258
patient is accepted for and stays at least one night at the	77259
hospital or other place.	77260

(U) "Prosecutor" means the prosecuting attorney, village	77261
solicitor, city director of law, or similar chief legal officer	77262
who prosecuted a criminal case in which a person was found not	77263
guilty by reason of insanity, who would have had the authority to	77264
prosecute a criminal case against a person if the person had not	77265
been found incompetent to stand trial, or who prosecuted a case in	77266
which a person was found guilty.	77267

(V) "Treatment plan" means a written statement of reasonable	77268
objectives and goals for an individual established by the	77269
treatment team, with specific criteria to evaluate progress	77270
towards achieving those objectives. The active participation of	77271
the patient in establishing the objectives and goals shall be	77272
documented. The treatment plan shall be based on patient needs and	77273
include services to be provided to the patient while the patient	77274
is hospitalized and after the patient is discharged. The treatment	77275
plan shall address services to be provided upon discharge,	77276
including but not limited to housing, financial, and vocational	77277
services.	77278

(W) "Community control sanction" has the same meaning as in	77279
section 2929.01 of the Revised Code.	77280

(X) "Post-release control sanction" has the same meaning as	77281
in section 2967.01 of the Revised Code.	77282

Sec. 5122.03. A patient admitted under section 5122.02 of	77283
the Revised Code who requests release in writing, or whose release	77284
is requested in writing by the patient's counsel, legal guardian,	77285
parent, spouse, or adult next of kin shall be released forthwith,	77286
except that when:	77287

(A) The patient was admitted on the patient's own application	77288
and the request for release is made by a person other than the	77289
patient, release may be conditional upon the agreement of the	77290
patient; or	77291

(B) The chief clinical officer of the hospital, within three	77292
court days from the receipt of the request for release, files or	77293
causes to be filed with the court of the county where the patient	77294
is hospitalized or of the county where the patient is a resident,	77295
an affidavit under section 5122.11 of the Revised Code. Release	77296
may be postponed until the hearing held under section 5122.141 of	77297
the Revised Code. A telephone communication within three court	77298
days from the receipt of the request for release from the chief	77299
clinical officer to the court, indicating that the required	77300
affidavit has been mailed, is sufficient compliance with the time	77301
limit for filing such affidavit.	77302

Unless the patient is released within three days from the	77303
receipt of the request by the chief clinical officer, the request	77304
shall serve as a request for an initial hearing under section	77305
5122.141 of the Revised Code. If the court finds that the patient	77306
is a mentally ill person subject to hospitalization by court	77307
order, all provisions of this chapter with respect to involuntary	77308
hospitalization apply to such person.	77309

Judicial proceedings for hospitalization shall not be	77310
commenced with respect to a voluntary patient except pursuant to	77311
this section.	77312

Sections 5121.30 to 5121.56 of the Revised Code apply to	77313
persons received in a hospital operated by the department of	77314
~~mental health~~mental health and addiction services on a voluntary	77315
application.	77316

The chief clinical officer of the hospital shall provide	77317
reasonable means and arrangements for informing patients of their	77318
rights to release as provided in this section and for assisting	77319
them in making and presenting requests for release or for a	77320
hearing under section 5122.141 of the Revised Code.	77321

Before a patient is released from a public hospital, the	77322
chief clinical officer shall, when possible, notify the board of	77323
the patient's county of residence of the patient's pending release	77324
after the chief clinical officer has informed the patient that the	77325
board will be so notified.	77326

Sec. 5122.10. Any psychiatrist, licensed clinical	77327
psychologist, licensed physician, health officer, parole officer,	77328
police officer, or sheriff may take a person into custody, or the	77329
chief of the adult parole authority or a parole or probation	77330
officer with the approval of the chief of the authority may take a	77331
parolee, an offender under a community control sanction or a	77332
post-release control sanction, or an offender under transitional	77333
control into custody and may immediately transport the parolee,	77334
offender on community control or post-release control, or offender	77335
under transitional control to a hospital or, notwithstanding	77336
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	77337
not licensed by the department of ~~mental health~~mental health and	77338
addiction services where the parolee, offender on community	77339
control or post-release control, or offender under transitional	77340
control may be held for the period prescribed in this section, if	77341
the psychiatrist, licensed clinical psychologist, licensed	77342
physician, health officer, parole officer, police officer, or	77343
sheriff has reason to believe that the person is a mentally ill	77344
person subject to hospitalization by court order under division	77345
(B) of section 5122.01 of the Revised Code, and represents a	77346
substantial risk of physical harm to self or others if allowed to	77347
remain at liberty pending examination.	77348

A written statement shall be given to such hospital by the	77349
transporting psychiatrist, licensed clinical psychologist,	77350
licensed physician, health officer, parole officer, police	77351
officer, chief of the adult parole authority, parole or probation	77352
officer, or sheriff stating the circumstances under which such	77353
person was taken into custody and the reasons for the	77354
psychiatrist's, licensed clinical psychologist's, licensed	77355
physician's, health officer's, parole officer's, police officer's,	77356
chief of the adult parole authority's, parole or probation	77357
officer's, or sheriff's belief. This statement shall be made	77358
available to the respondent or the respondent's attorney upon	77359
request of either.	77360

Every reasonable and appropriate effort shall be made to take	77361
persons into custody in the least conspicuous manner possible. A	77362
person taking the respondent into custody pursuant to this section	77363
shall explain to the respondent: the name,and professional	77364
designation, and ~~agency~~ affiliation of the person taking the	77365
respondent into custody; that the custody-taking is not a criminal	77366
arrest; and that the person is being taken for examination by	77367
mental health professionals at a specified mental health facility	77368
identified by name.	77369

If a person taken into custody under this section is	77370
transported to a general hospital, the general hospital may admit	77371
the person, or provide care and treatment for the person, or both,	77372
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	77373
by the end of twenty-four hours after arrival at the general	77374
hospital, the person shall be transferred to a hospital as defined	77375
in section 5122.01 of the Revised Code.	77376

A person transported or transferred to a hospital or	77377
community mental health ~~agency~~services provider under this	77378
section shall be examined by the staff of the hospital or ~~agency~~	77379
services provider within twenty-four hours after arrival at the	77380
hospital or ~~agency~~services provider. If to conduct the	77381
examination requires that the person remain overnight, the	77382
hospital or ~~agency~~services provider shall admit the person in an	77383
unclassified status until making a disposition under this section.	77384
After the examination, if the chief clinical officer of the	77385
hospital or ~~agency~~services provider believes that the person is	77386
not a mentally ill person subject to hospitalization by court	77387
order, the chief clinical officer shall release or discharge the	77388
person immediately unless a court has issued a temporary order of	77389
detention applicable to the person under section 5122.11 of the	77390
Revised Code. After the examination, if the chief clinical officer	77391
believes that the person is a mentally ill person subject to	77392
hospitalization by court order, the chief clinical officer may	77393
detain the person for not more than three court days following the	77394
day of the examination and during such period admit the person as	77395
a voluntary patient under section 5122.02 of the Revised Code or	77396
file an affidavit under section 5122.11 of the Revised Code. If	77397
neither action is taken and a court has not otherwise issued a	77398
temporary order of detention applicable to the person under	77399
section 5122.11 of the Revised Code, the chief clinical officer	77400
shall discharge the person at the end of the three-day period	77401
unless the person has been sentenced to the department of	77402
rehabilitation and correction and has not been released from the	77403
person's sentence, in which case the person shall be returned to	77404
that department.	77405

Sec. 5122.11. Proceedings for the hospitalization of a	77406
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	77407
shall be commenced by the filing of an affidavit in the manner and	77408
form prescribed by the department of ~~mental health~~mental health	77409
and addiction services, by any person or persons with the court,	77410
either on reliable information or actual knowledge, whichever is	77411
determined to be proper by the court. This section does not apply	77412
to the hospitalization of a person pursuant to section 2945.39,	77413
2945.40, 2945.401, or 2945.402 of the Revised Code.	77414

The affidavit shall contain an allegation setting forth the	77415
specific category or categories under division (B) of section	77416
5122.01 of the Revised Code upon which the jurisdiction of the	77417
court is based and a statement of alleged facts sufficient to	77418
indicate probable cause to believe that the person is a mentally	77419
ill person subject to hospitalization by court order. The	77420
affidavit may be accompanied, or the court may require that the	77421
affidavit be accompanied, by a certificate of a psychiatrist, or a	77422
certificate signed by a licensed clinical psychologist and a	77423
certificate signed by a licensed physician stating that the person	77424
who issued the certificate has examined the person and is of the	77425
opinion that the person is a mentally ill person subject to	77426
hospitalization by court order, or shall be accompanied by a	77427
written statement by the applicant, under oath, that the person	77428
has refused to submit to an examination by a psychiatrist, or by a	77429
licensed clinical psychologist and licensed physician.	77430

Upon receipt of the affidavit, if a judge of the court or a	77431
referee who is an attorney at law appointed by the court has	77432
probable cause to believe that the person named in the affidavit	77433
is a mentally ill person subject to hospitalization by court	77434
order, the judge or referee may issue a temporary order of	77435
detention ordering any health or police officer or sheriff to take	77436
into custody and transport the person to a hospital or other place	77437
designated in section 5122.17 of the Revised Code, or may set the	77438
matter for further hearing.	77439

The person may be observed and treated until the hearing	77440
provided for in section 5122.141 of the Revised Code. If no such	77441
hearing is held, the person may be observed and treated until the	77442
hearing provided for in section 5122.15 of the Revised Code.	77443

Sec. 5122.12. After receipt of the affidavit required by	77444
section 5122.11 of the Revised Code, the court shall cause written	77445
notice by mail or otherwise of any hearing as the court directs to	77446
be given to the following persons:	77447

(A) The respondent;

77448

(B) The respondent's legal guardian, if any, the respondent's	77449
spouse, if any, and the respondent's parents, if the respondent is	77450
a minor, if these persons' addresses are known to the court or can	77451
be obtained through exercise of reasonable diligence;	77452

77453

(D) Any one person designated by the respondent; but if the	77454
respondent does not make a selection, the notice shall be sent to	77455
the adult next of kin other than the person who filed the	77456
affidavit if that person's address is known to the court or can be	77457
obtained through exercise of reasonable diligence;	77458

(E) The respondent's counsel;

77459

(F) The director, chief clinical officer, or the respective	77460
designee of the hospital, board, ~~agency~~community mental health	77461
services provider, or facility to which the person has been	77462
committed;	77463

(G) The board of alcohol, drug addiction, and mental health	77464
services serving the respondent's county of residence or ~~an agency~~	77465
a services provider the board designates.	77466

Any person entitled to notice under this section, with the	77467
exception of the respondent, may waive the notice.	77468

A copy of the affidavit and temporary order of detention	77469
shall be served with the notice to the parties and to respondent's	77470
counsel, if counsel has been appointed or retained.	77471

Sec. 5122.13. Upon receipt of the affidavit required by	77472
section 5122.11 of the Revised Code, the court shall refer the	77473
affidavit to the board of alcohol, drug addiction, and mental	77474
health services or ~~an agency~~community mental health services	77475
provider the board designates to assist the court in determining	77476
whether the respondent is subject to hospitalization and whether	77477
alternative services are available, unless the ~~agency~~services	77478
provider or board has already performed such screening. The board	77479
or ~~agency~~services provider shall review the allegations of the	77480
affidavit and other information relating to whether or not the	77481
person named in the affidavit or statement is a mentally ill	77482
person subject to hospitalization by court order, and the	77483
availability of appropriate treatment alternatives.	77484

The person who conducts the investigation shall promptly make	77485
a report to the court, in writing, in open court or in chambers,	77486
as directed by the court and a full record of the report shall be	77487
made by the court. The report is not admissible as evidence for	77488
the purpose of establishing whether or not the respondent is a	77489
mentally ill person subject to hospitalization by court order, but	77490
shall be considered by the court in its determination of an	77491
appropriate placement for any person after that person is found to	77492
be a mentally ill person subject to hospitalization.	77493

The court, prior to the hearing under section 5122.141 of the	77494
Revised Code, shall release a copy of the investigative report to	77495
the respondent's counsel.	77496

Nothing in this section precludes a judge or referee from	77497
issuing a temporary order of detention pursuant to section 5122.11	77498
of the Revised Code.	77499

Sec. 5122.15. (A) Full hearings shall be conducted in a	77500
manner consistent with this chapter and with due process of law.	77501
The hearings shall be conducted by a judge of the probate court or	77502
a referee designated by a judge of the probate court and may be	77503
conducted in or out of the county in which the respondent is held.	77504
Any referee designated under this division shall be an attorney.	77505

(1) With the consent of the respondent, the following shall	77506
be made available to counsel for the respondent:	77507

(a) All relevant documents, information, and evidence in the	77508
custody or control of the state or prosecutor;	77509

(b) All relevant documents, information, and evidence in the	77510
custody or control of the hospital in which the respondent	77511
currently is held, or in which the respondent has been held	77512
pursuant to this chapter;	77513

(c) All relevant documents, information, and evidence in the	77514
custody or control of any hospital, facility, or person not	77515
included in division (A)(1)(a) or (b) of this section.	77516

(2) The respondent has the right to attend the hearing and to	77517
be represented by counsel of the respondent's choice. The right to	77518
attend the hearing may be waived only by the respondent or counsel	77519
for the respondent after consultation with the respondent.	77520

(3) If the respondent is not represented by counsel, is	77521
absent from the hearing, and has not validly waived the right to	77522
counsel, the court shall appoint counsel immediately to represent	77523
the respondent at the hearing, reserving the right to tax costs of	77524
appointed counsel to the respondent, unless it is shown that the	77525
respondent is indigent. If the court appoints counsel, or if the	77526
court determines that the evidence relevant to the respondent's	77527
absence does not justify the absence, the court shall continue the	77528
case.	77529

(4) The respondent shall be informed that the respondent may	77530
retain counsel and have independent expert evaluation. If the	77531
respondent is unable to obtain an attorney, the respondent shall	77532
be represented by court-appointed counsel. If the respondent is	77533
indigent, court-appointed counsel and independent expert	77534
evaluation shall be provided as an expense under section 5122.43	77535
of the Revised Code.	77536

(5) The hearing shall be closed to the public, unless counsel	77537
for the respondent, with the permission of the respondent,	77538
requests that the hearing be open to the public.	77539

(6) If the hearing is closed to the public, the court, for	77540
good cause shown, may admit persons who have a legitimate interest	77541
in the proceedings. If the respondent, the respondent's counsel,	77542
or the designee of the director or of the chief clinical officer	77543
objects to the admission of any person, the court shall hear the	77544
objection and any opposing argument and shall rule upon the	77545
admission of the person to the hearing.	77546

(7) The affiant under section 5122.11 of the Revised Code	77547
shall be subject to subpoena by either party.	77548

(8) The court shall examine the sufficiency of all documents	77549
filed and shall inform the respondent, if present, and the	77550
respondent's counsel of the nature and content of the documents	77551
and the reason for which the respondent is being detained, or for	77552
which the respondent's placement is being sought.	77553

(9) The court shall receive only reliable, competent, and	77554
material evidence.	77555

(10) Unless proceedings are initiated pursuant to section	77556
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	77557
~~initiated regarding a resident of the service district of a board~~	77558
~~of alcohol, drug addiction, and mental health services that elects~~	77559
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	77560
~~to accept the amount allocated to it under that section~~, an	77561
attorney that the board designates shall present the case	77562
demonstrating that the respondent is a mentally ill person subject	77563
to hospitalization by court order. The attorney shall offer	77564
evidence of the diagnosis, prognosis, record of treatment, if any,	77565
and less restrictive treatment plans, if any. In proceedings	77566
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	77567
~~proceedings in which the respondent is a resident of a service~~	77568
~~district of a board that elects under division (C)(2) of section~~	77569
~~5119.62 of the Revised Code not to accept the amount allocated to~~	77570
~~it under that section~~, the attorney general shall designate an	77571
attorney who shall present the case demonstrating that the	77572
respondent is a mentally ill person subject to hospitalization by	77573
court order. The attorney shall offer evidence of the diagnosis,	77574
prognosis, record of treatment, if any, and less restrictive	77575
treatment plans, if any.	77576

(11) The respondent or the respondent's counsel has the right	77577
to subpoena witnesses and documents and to examine and	77578
cross-examine witnesses.	77579

(12) The respondent has the right, but shall not be	77580
compelled, to testify, and shall be so advised by the court.	77581

(13) On motion of the respondent or the respondent's counsel	77582
for good cause shown, or on the court's own motion, the court may	77583
order a continuance of the hearing.	77584

(14) If the respondent is represented by counsel and the	77585
respondent's counsel requests a transcript and record, or if the	77586
respondent is not represented by counsel, the court shall make and	77587
maintain a full transcript and record of the proceeding. If the	77588
respondent is indigent and the transcript and record is made, a	77589
copy shall be provided to the respondent upon request and be	77590
treated as an expense under section 5122.43 of the Revised Code.	77591

(15) To the extent not inconsistent with this chapter, the	77592
Rules of Civil Procedure are applicable.	77593

(B) Unless, upon completion of the hearing the court finds by	77594
clear and convincing evidence that the respondent is a mentally	77595
ill person subject to hospitalization by court order, it shall	77596
order the respondent's discharge immediately.	77597

(C) If, upon completion of the hearing, the court finds by	77598
clear and convincing evidence that the respondent is a mentally	77599
ill person subject to hospitalization by court order, the court	77600
shall order the respondent for a period not to exceed ninety days	77601
to any of the following:	77602

(1) A hospital operated by the department of ~~mental health~~	77603
mental health and addiction services if the respondent is	77604
committed pursuant to section 5139.08 of the Revised Code;	77605

(2) A nonpublic hospital;

77606

(3) The veterans' administration or other agency of the	77607
United States government;	77608

(4) A board of alcohol, drug addiction, and mental health	77609
services or ~~agency~~services provider the board designates;	77610

(5) Receive private psychiatric or psychological care and	77611
treatment;	77612

(6) Any other suitable facility or person consistent with the	77613
diagnosis, prognosis, and treatment needs of the respondent.	77614

(D) Any order made pursuant to division (C)(2), (3), (5), or	77615
(6) of this section shall be conditioned upon the receipt by the	77616
court of consent by the hospital, facility, agency, or person to	77617
accept the respondent.	77618

(E) In determining the place to which, or the person with	77619
whom, the respondent is to be committed, the court shall consider	77620
the diagnosis, prognosis, preferences of the respondent and the	77621
projected treatment plan for the respondent and shall order the	77622
implementation of the least restrictive alternative available and	77623
consistent with treatment goals. If the court determines that the	77624
least restrictive alternative available that is consistent with	77625
treatment goals is inpatient hospitalization, the court's order	77626
shall so state.	77627

(F) During such ninety-day period the hospital; facility;	77628
board of alcohol, drug addiction, and mental health services;	77629
~~agency~~services provider the board designates; or person shall	77630
examine and treat the individual. If, at any time prior to the	77631
expiration of the ninety-day period, it is determined by the	77632
hospital, facility, board, ~~agency~~services provider, or person	77633
that the respondent's treatment needs could be equally well met in	77634
an available and appropriate less restrictive environment, both of	77635
the following apply:	77636

(1) The respondent shall be released from the care of the	77637
hospital, ~~agency~~services provider, facility, or person	77638
immediately and shall be referred to the court together with a	77639
report of the findings and recommendations of the hospital, ~~agency~~	77640
services provider, facility, or person; and	77641

(2) The hospital, ~~agency~~services provider, facility, or	77642
person shall notify the respondent's counsel or the attorney	77643
designated by a board of alcohol, drug addiction, and mental	77644
health services or, if the respondent was committed to a board or	77645
~~an agency~~a services provider designated by the board, it shall	77646
place the respondent in the least restrictive environment	77647
available consistent with treatment goals and notify the court and	77648
the respondent's counsel of the placement.	77649

The court shall dismiss the case or order placement in the	77650
least restrictive environment.	77651

(G)(1) Except as provided in divisions (G)(2) and (3) of this	77652
section, any person who has been committed under this section, or	77653
for whom proceedings for hospitalization have been commenced	77654
pursuant to section 5122.11 of the Revised Code, may apply at any	77655
time for voluntary admission to the hospital, facility, ~~agency~~or	77656
services provider that the board designates, or person to which	77657
the person was committed. Upon admission as a voluntary patient	77658
the chief clinical officer of the hospital, ~~agency~~services	77659
provider, or other facility, or the person immediately shall	77660
notify the court, the patient's counsel, and the attorney	77661
designated by the board, if the attorney has entered the	77662
proceedings, in writing of that fact, and, upon receipt of the	77663
notice, the court shall dismiss the case.	77664

(2) A person who is found incompetent to stand trial or not	77665
guilty by reason of insanity and who is committed pursuant to	77666
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	77667
Code shall not voluntarily commit the person pursuant to this	77668
section until after the final termination of the commitment, as	77669
described in division (J) of section 2945.401 of the Revised Code.	77670

(H) If, at the end of the first ninety-day period or any	77671
subsequent period of continued commitment, there has been no	77672
disposition of the case, either by discharge or voluntary	77673
admission, the hospital, facility, board, ~~agency~~services	77674
provider, or person shall discharge the patient immediately,	77675
unless at least ten days before the expiration of the period the	77676
attorney the board designates or the prosecutor files with the	77677
court an application for continued commitment. The application of	77678
the attorney or the prosecutor shall include a written report	77679
containing the diagnosis, prognosis, past treatment, a list of	77680
alternative treatment settings and plans, and identification of	77681
the treatment setting that is the least restrictive consistent	77682
with treatment needs. The attorney the board designates or the	77683
prosecutor shall file the written report at least three days prior	77684
to the full hearing. A copy of the application and written report	77685
shall be provided to the respondent's counsel immediately.	77686

The court shall hold a full hearing on applications for	77687
continued commitment at the expiration of the first ninety-day	77688
period and at least every two years after the expiration of the	77689
first ninety-day period.	77690

Hearings following any application for continued commitment	77691
are mandatory and may not be waived.	77692

Upon request of a person who is involuntarily committed under	77693
this section, or the person's counsel, that is made more than one	77694
hundred eighty days after the person's last full hearing,	77695
mandatory or requested, the court shall hold a full hearing on the	77696
person's continued commitment. Upon the application of a person	77697
involuntarily committed under this section, supported by an	77698
affidavit of a psychiatrist or licensed clinical psychologist,	77699
alleging that the person no longer is a mentally ill person	77700
subject to hospitalization by court order, the court for good	77701
cause shown may hold a full hearing on the person's continued	77702
commitment prior to the expiration of one hundred eighty days	77703
after the person's last full hearing. Section 5122.12 of the	77704
Revised Code applies to all hearings on continued commitment.	77705

If the court, after a hearing for continued commitment finds	77706
by clear and convincing evidence that the respondent is a mentally	77707
ill person subject to hospitalization by court order, the court	77708
may order continued commitment at places specified in division (C)	77709
of this section.	77710

(I) Unless the admission is pursuant to section 5120.17 or	77711
5139.08 of the Revised Code, the chief clinical officer of the	77712
hospital or ~~agency~~services provider admitting a respondent	77713
pursuant to a judicial proceeding, within ten working days of the	77714
admission, shall make a report of the admission to the board of	77715
alcohol, drug addiction, and mental health services serving the	77716
respondent's county of residence.	77717

(J) A referee appointed by the court may make all orders that	77718
a judge may make under this section and sections 5122.11 and	77719
5122.141 of the Revised Code, except an order of contempt of	77720
court. The orders of a referee take effect immediately. Within	77721
fourteen days of the making of an order by a referee, a party may	77722
file written objections to the order with the court. The filed	77723
objections shall be considered a motion, shall be specific, and	77724
shall state their grounds with particularity. Within ten days of	77725
the filing of the objections, a judge of the court shall hold a	77726
hearing on the objections and may hear and consider any testimony	77727
or other evidence relating to the respondent's mental condition.	77728
At the conclusion of the hearing, the judge may ratify, rescind,	77729
or modify the referee's order.	77730

(K) An order of the court under division (C), (H), or (J) of	77731
this section is a final order.	77732

(L) Before a board, or ~~an agency~~a services provider the	77733
board designates, may place an unconsenting respondent in an	77734
inpatient setting from a less restrictive placement, the board or	77735
~~agency~~services provider shall do all of the following:	77736

(1) Determine that the respondent is in immediate need of	77737
treatment in an inpatient setting because the respondent	77738
represents a substantial risk of physical harm to the respondent	77739
or others if allowed to remain in a less restrictive setting;	77740

(2) On the day of placement in the inpatient setting or on	77741
the next court day, file with the court a motion for transfer to	77742
an inpatient setting or communicate to the court by telephone that	77743
the required motion has been mailed;	77744

(3) Ensure that every reasonable and appropriate effort is	77745
made to take the respondent to the inpatient setting in the least	77746
conspicuous manner possible;	77747

(4) Immediately notify the board's designated attorney and	77748
the respondent's attorney.	77749

At the respondent's request, the court shall hold a hearing	77750
on the motion and make a determination pursuant to division (E) of	77751
this section within five days of the placement.	77752

(M) Before a board, or ~~an agency~~a services provider the	77753
board designates, may move a respondent from one residential	77754
placement to another, the board or ~~agency~~services provider shall	77755
consult with the respondent about the placement. If the respondent	77756
objects to the placement, the proposed placement and the need for	77757
it shall be reviewed by a qualified mental health professional who	77758
otherwise is not involved in the treatment of the respondent.	77759

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	77760
taken into custody or ordered to be hospitalized pursuant to this	77761
chapter may be detained for not more than forty-eight hours in a	77762
licensed rest or nursing home, a licensed or unlicensed hospital,	77763
a community mental health ~~agency~~services provider, or a county	77764
home, but hethe person shall not be detained in a nonmedical	77765
facility used for detention of persons charged with or convicted	77766
of penal offenses unless the court finds that a less restrictive	77767
alternative cannot be made available.	77768

Sec. 5122.18. Whenever a person has been involuntarily	77769
detained at or admitted to a hospital, community mental health	77770
~~agency~~services provider, or other facility at the request of	77771
anyone other than the person's legal guardian, spouse, or next of	77772
kin under this chapter, the chief clinical officer of the	77773
hospital, ~~agency~~services provider, or other facility in which the	77774
person is temporarily detained under section 5122.17 of the	77775
Revised Code shall immediately notify the person's legal guardian,	77776
spouse or next of kin, and counsel, if these persons can be	77777
ascertained through exercise of reasonable diligence. If a person	77778
voluntarily remains at or is admitted to a hospital, ~~agency~~	77779
services provider, or other facility, such notification shall not	77780
be given without ~~his~~the person's consent. The chief clinical	77781
officer of the hospital, ~~agency~~services provider, or other	77782
facility shall inform a person voluntarily remaining at or	77783
admitted to a hospital, ~~agency~~services provider, or other	77784
facility that hethe person may authorize such notification.	77785

Sec. 5122.19. Every person transported to a hospital or	77786
community mental health ~~agency~~services provider pursuant to	77787
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	77788
by the staff of the hospital or ~~agency~~services provider as soon	77789
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	77790
services provider. Such an examination shall be held within	77791
twenty-four hours after the time of arrival, and if the chief	77792
clinical officer fails after such an examination to certify that	77793
in ~~his~~the chief clinical officer's opinion the person is a	77794
mentally ill person subject to hospitalization by court order, the	77795
person shall be immediately released.	77796

Sec. 5122.20. The director of ~~mental health~~mental health	77797
and addiction services or the director's designee may transfer, or	77798
authorize the transfer of, an involuntary patient, or a consenting	77799
voluntary patient hospitalized pursuant to section 5122.02 or	77800
sections 5122.11 to 5122.15 of the Revised Code, from one public	77801
hospital to another, or to a hospital, community mental health	77802
~~agency~~services provider, or other facility offering treatment or	77803
other services for mental illness, if the medical director of the	77804
department of ~~mental health~~mental health and addiction services	77805
determines that it would be consistent with the medical needs of	77806
the patient to do so. If such a transfer is made to a private	77807
facility, the transfer shall be conditioned upon the consent of	77808
the facility.	77809

Before an involuntary patient may be transferred to a more	77810
restrictive setting, the chief clinical officer shall file a	77811
motion with the court requesting the court to amend its order of	77812
placement issued under section 5122.15 of the Revised Code. At the	77813
patient's request, the court shall hold a hearing on the motion at	77814
which the patient has the same rights as at a full hearing under	77815
section 5122.15 of the Revised Code. The hearing shall be held	77816
within ten days after the date on which the respondent was	77817
transferred to the more restrictive setting or on which the motion	77818
was filed, whichever is earlier. On the motion of the respondent,	77819
the respondent's counsel, or the chief clinical officer, or on its	77820
own motion, and for good cause shown, the court may order a	77821
continuance of the hearing for up to ten days.	77822

Whenever an involuntary patient is transferred, written	77823
notice of the transfer shall be given to the patient's legal	77824
guardian, parents, spouse, and counsel, or, if none is known, to	77825
the patient's nearest known relative or friend. If the patient is	77826
a minor, the department, before making such a transfer, shall make	77827
a minute of the order for the transfer and the reason for it upon	77828
its record and shall send a certified copy at least seven days	77829
prior to the transfer to the person shown by its record to have	77830
had the care or custody of the minor immediately prior to the	77831
minor's commitment. Whenever a consenting voluntary patient is	77832
transferred, the notification shall be given only at the patient's	77833
request. The chief clinical officer shall advise a voluntary	77834
patient who is being transferred that the patient may decide if	77835
the notification shall be given. In all such transfers, due	77836
consideration shall be given to the wishes of the patient, and the	77837
relationship of the patient to the patient's family, legal	77838
guardian, or friends, so as to maintain the relationship and	77839
encourage visits beneficial to the patient.	77840

When a voluntary patient whose medical or psychological needs	77841
are found by the chief clinical officer to warrant a transfer	77842
refuses to be transferred to an alternate facility, the chief	77843
clinical officer may file an affidavit for a hearing under section	77844
5122.11 of the Revised Code.	77845

Sec. 5122.21. (A) The chief clinical officer shall as	77846
frequently as practicable, and at least once every thirty days,	77847
examine or cause to be examined every patient, and, whenever the	77848
chief clinical officer determines that the conditions justifying	77849
involuntary hospitalization or commitment no longer obtain, shall	77850
discharge the patient not under indictment or conviction for crime	77851
and immediately make a report of the discharge to the department	77852
of ~~mental health~~mental health and addiction services. The chief	77853
clinical officer may discharge a patient who is under an	77854
indictment, a sentence of imprisonment, a community control	77855
sanction, or a post-release control sanction or on parole ten days	77856
after written notice of intent to discharge the patient has been	77857
given by personal service or certified mail, return receipt	77858
requested, to the court having criminal jurisdiction over the	77859
patient. Except when the patient was found not guilty by reason of	77860
insanity and the defendant's commitment is pursuant to section	77861
2945.40 of the Revised Code, the chief clinical officer has final	77862
authority to discharge a patient who is under an indictment, a	77863
sentence of imprisonment, a community control sanction, or a	77864
post-release control sanction or on parole.	77865

(B) After a finding pursuant to section 5122.15 of the	77866
Revised Code that a person is a mentally ill person subject to	77867
hospitalization by court order, the chief clinical officer of the	77868
hospital or ~~agency~~community mental health services provider to	77869
which the person is ordered or to which the person is transferred	77870
under section 5122.20 of the Revised Code, may grant a discharge	77871
without the consent or authorization of any court.	77872

Upon discharge, the chief clinical officer shall notify the	77873
court that caused the judicial hospitalization of the discharge	77874
from the hospital.	77875

Sec. 5122.23. The chief clinical officer of a public	77876
hospital shall immediately report to the department of ~~mental~~	77877
~~health~~mental health and addiction services and the board of	77878
alcohol, drug addiction, and mental health services serving the	77879
patient's county of residence the removal, death, escape,	77880
discharge, or trial visit of any patient hospitalized under	77881
section 5122.15 of the Revised Code, or the return of such an	77882
escaped or visiting patient to the department, the probate judge	77883
of the county from which such patient was hospitalized, and the	77884
probate judge of the county of residence of such patient. In case	77885
of death, the chief clinical officer also shall notify one or more	77886
of the nearest relatives of the deceased patient, if known to ~~him~~	77887
the chief clinical officer, by letter, telegram, or telephone. If	77888
the place of residence of such relative is unknown to the chief	77889
clinical officer, immediately upon receiving notification the	77890
probate judge shall in the speediest manner possible notify such	77891
relatives, if known to ~~him~~the probate judge.	77892

The chief clinical officer of a public hospital, upon the	77893
request of the probate judge of the county from which a patient	77894
was hospitalized or the probate judge of the county of residence	77895
of such a patient, shall make a report to the judge of the	77896
condition of any patient under the care, treatment, custody, or	77897
control of the chief clinical officer.	77898

Sec. 5122.25. Upon the request of a hospital, person, board,	77899
~~agency~~community mental health services provider, or facility who	77900
has custody of a patient hospitalized pursuant to section 5122.15	77901
of the Revised Code, or on the order of the court, such patient	77902
may be called for a rehearing at such place within the county of	77903
~~his~~the patient's residence or the county where such patient is	77904
hospitalized as the court designates. The hearing shall be	77905
conducted pursuant to section 5122.15 of the Revised Code.	77906

Sec. 5122.26. (A) If a patient is absent without leave, on a	77907
verbal or written order issued within five days of the time of the	77908
unauthorized absence by the department of ~~mental health~~mental	77909
health and addiction services, the chief clinical officer of the	77910
hospital from which the patient is absent without leave, or the	77911
court of either the county from which the patient was committed or	77912
in which the patient is found, any health or police officer or	77913
sheriff may take the patient into custody and transport the	77914
patient to the hospital in which the patient was hospitalized or	77915
to a place that is designated in the order. The officer	77916
immediately shall report such fact to the ~~agency~~entity that	77917
issued the order.	77918

The chief clinical officer of a hospital may discharge a	77919
patient who is under an indictment, a sentence of imprisonment, a	77920
community control sanction, or a post-release control sanction or	77921
on parole and who has been absent without leave for more than	77922
thirty days but shall give written notice of the discharge to the	77923
court with criminal jurisdiction over the patient. The chief	77924
clinical officer of a hospital may discharge any other patient who	77925
has been absent without leave for more than fourteen days.	77926

The chief clinical officer shall take all proper measures for	77927
the apprehension of an escaped patient. The expense of the return	77928
of an escaped patient shall be borne by the hospital where the	77929
patient is hospitalized.	77930

(B)(1) Subject to division (B)(2) of this section, no patient	77931
hospitalized under Chapter 5122. of the Revised Code whose absence	77932
without leave was caused or contributed to by the patient's mental	77933
illness shall be subject to a charge of escape.	77934

(2) Division (B)(1) of this section does not apply to any	77935
person who was hospitalized, institutionalized, or confined in a	77936
facility under an order made pursuant to or under authority of	77937
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	77938
2945.402 of the Revised Code and who escapes from the facility,	77939
from confinement in a vehicle for transportation to or from the	77940
facility, or from supervision by an employee of the facility that	77941
is incidental to hospitalization, institutionalization, or	77942
confinement in the facility and that occurs outside the facility,	77943
in violation of section 2921.34 of the Revised Code.	77944

Sec. 5122.27. The chief clinical officer of the hospital or	77945
the chief clinical officer's designee shall assure that all	77946
patients hospitalized or committed pursuant to this chapter shall:	77947

(A) Receive, within twenty days of their admission sufficient	77948
professional care to assure that an evaluation of current status,	77949
differential diagnosis, probable prognosis, and description of the	77950
current treatment plan is stated on the official chart;	77951

(B) Have a written treatment plan consistent with the	77952
evaluation, diagnosis, prognosis, and goals which shall be	77953
provided, upon request of the patient or patient's counsel, to the	77954
patient's counsel and to any private physician or licensed	77955
clinical psychologist designated by the patient or the patient's	77956
counsel or to the Ohio protection and advocacy system;	77957

(C) Receive treatment consistent with the treatment plan. The	77958
department of ~~mental health~~mental health and addiction services	77959
shall set standards for treatment provided to such patients,	77960
consistent wherever possible with standards set by the joint	77961
commission ~~on accreditation of healthcare organizations~~.	77962

(D) Receive periodic reevaluations of the treatment plan by	77963
the professional staff at intervals not to exceed ninety days;	77964

(E) Be provided with adequate medical treatment for physical	77965
disease or injury;	77966

(F) Receive humane care and treatment, including without	77967
limitation, the following:	77968

(1) The least restrictive environment consistent with the	77969
treatment plan;	77970

(2) The necessary facilities and personnel required by the	77971
treatment plan;	77972

(3) A humane psychological and physical environment;

77973

(4) The right to obtain current information concerning the	77974
patient's treatment program and expectations in terms that the	77975
patient can reasonably understand;	77976

(5) Participation in programs designed to afford the patient	77977
substantial opportunity to acquire skills to facilitate return to	77978
the community or to terminate an involuntary commitment;	77979

(6) The right to be free from unnecessary or excessive	77980
medication;	77981

(7) Freedom from restraints or isolation unless it is stated	77982
in a written order by the chief clinical officer or the chief	77983
clinical officer's designee, or the patient's individual physician	77984
or psychologist in a private or general hospital.	77985

If the chief clinical officer of the hospital is unable to	77986
provide the treatment required by divisions (C), (E), and (F) of	77987
this section for any patient hospitalized pursuant to Chapter	77988
5122. of the Revised Code, the chief clinical officer shall	77989
immediately notify the patient, the court, the Ohio protection and	77990
advocacy system, the director of ~~mental health~~mental health and	77991
addiction services, and the patient's counsel and legal guardian,	77992
if known. If within ten days after receipt of such notification by	77993
the director, the director is unable to effect a transfer of the	77994
patient, pursuant to section 5122.20 of the Revised Code, to a	77995
hospital, community mental health ~~agency~~services provider, or	77996
other medical facility where treatment is available, or has not	77997
received an order of the court to the contrary, the involuntary	77998
commitment of any patient hospitalized pursuant to Chapter 5122.	77999
of the Revised Code and defined as a mentally ill person subject	78000
to hospitalization by court order under division (B)(4) of section	78001
5122.01 of the Revised Code shall automatically be terminated.	78002

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	78003
and (E) of this section, the chief clinical officer or, in a	78004
nonpublic hospital, the attending physician responsible for a	78005
patient's care shall provide all information, including expected	78006
physical and medical consequences, necessary to enable any patient	78007
of a hospital for the mentally ill to give a fully informed,	78008
intelligent, and knowing consent, the opportunity to consult with	78009
independent specialists and counsel, and the right to refuse	78010
consent for any of the following:	78011

(1) Surgery;

78012

(2) Convulsive therapy;

78013

(3) Major aversive interventions;

78014

(4) Sterilizations;

78015

(5) Any unusually hazardous treatment procedures;

78016

(6) Psycho-surgery.

78017

(B) No patient shall be subjected to any of the procedures	78018
listed in divisions (A)(4) to (6) of this section until both the	78019
patient's informed, intelligent, and knowing consent and the	78020
approval of the court have been obtained, except that court	78021
approval is not required for a legally competent and voluntary	78022
patient in a nonpublic hospital.	78023

(C) If, after providing the information required under	78024
division (A) of this section to the patient, the chief clinical	78025
officer or attending physician concludes that a patient is	78026
physically or mentally unable to receive the information required	78027
for surgery under division (A)(1) of this section, or has been	78028
adjudicated incompetent, the information may be provided to the	78029
patient's natural or court-appointed guardian, who may give an	78030
informed, intelligent, and knowing written consent.	78031

If a patient is physically or mentally unable to receive the	78032
information required for surgery under division (A)(1) of this	78033
section and has no guardian, the information, the recommendation	78034
of the chief clinical officer, and the concurring judgment of a	78035
licensed physician who is not a full-time employee of the state	78036
may be provided to the court in the county in which the hospital	78037
is located, which may approve the surgery. Before approving the	78038
surgery, the court shall notify the Ohio protection and advocacy	78039
system created by section 5123.60 of the Revised Code, and shall	78040
notify the patient of the rights to consult with counsel, to have	78041
counsel appointed by the court if the patient is indigent, and to	78042
contest the recommendation of the chief clinical officer.	78043

(D) If, in a medical emergency, and after providing the	78044
information required under division (A) of this section to the	78045
patient, it is the judgment of one licensed physician that delay	78046
in obtaining surgery would create a grave danger to the health of	78047
the patient, it may be administered without the consent of the	78048
patient or the patient's guardian if the necessary information is	78049
provided to the patient's spouse or next of kin to enable that	78050
person to give informed, intelligent, and knowing written consent.	78051
If no spouse or next of kin can reasonably be contacted, or if the	78052
spouse or next of kin is contacted, but refuses to consent, the	78053
surgery may be performed upon the written authorization of the	78054
chief clinical officer or, in a nonpublic hospital, upon the	78055
written authorization of the attending physician responsible for	78056
the patient's care, and after the approval of the court has been	78057
obtained. However, if delay in obtaining court approval would	78058
create a grave danger to the life of the patient, the chief	78059
clinical officer or, in a nonpublic hospital, the attending	78060
physician responsible for the patient's care may authorize	78061
surgery, in writing, without court approval. If the surgery is	78062
authorized without court approval, the chief clinical officer or	78063
the attending physician who made the authorization and the	78064
physician who performed the surgery shall each execute an	78065
affidavit describing the circumstances constituting the emergency	78066
and warranting the surgery and the circumstances warranting their	78067
not obtaining prior court approval. The affidavit shall be filed	78068
with the court with which the request for prior approval would	78069
have been filed within five court days after the surgery, and a	78070
copy of the affidavit shall be placed in the patient's file and be	78071
given to the guardian, spouse, or next of kin of the patient, to	78072
the hospital at which the surgery was performed, and to the Ohio	78073
protection and advocacy system as defined in section 5123.60 of	78074
the Revised Code.	78075

(E) Major aversive interventions shall not be used unless a	78076
patient continues to engage in behavior destructive to self or	78077
others after other forms of therapy have been attempted. Major	78078
aversive interventions may be applied if approved by the director	78079
of ~~mental health~~mental health and addiction services. Major	78080
aversive interventions shall not be applied to a voluntary patient	78081
without the informed, intelligent, and knowing written consent of	78082
the patient or the patient's guardian.	78083

(F) Unless there is substantial risk of physical harm to self	78084
or others, or other than under division (D) of this section, this	78085
chapter does not authorize any form of compulsory medical,	78086
psychological, or psychiatric treatment of any patient who is	78087
being treated by spiritual means through prayer alone in	78088
accordance with a recognized religious method of healing without	78089
specific court authorization.	78090

(G) For purposes of this section, "convulsive therapy" does	78091
not include defibrillation.	78092

Sec. 5122.31. (A) All certificates, applications, records,	78093
and reports made for the purpose of this chapter and sections	78094
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	78095
Code, other than court journal entries or court docket entries,	78096
and directly or indirectly identifying a patient or former patient	78097
or person whose hospitalization has been sought under this	78098
chapter, shall be kept confidential and shall not be disclosed by	78099
any person except:	78100

(1) If the person identified, or the person's legal guardian,	78101
if any, or if the person is a minor, the person's parent or legal	78102
guardian, consents, and if the disclosure is in the best interests	78103
of the person, as may be determined by the court for judicial	78104
records and by the chief clinical officer for medical records;	78105

(2) When disclosure is provided for in this chapter, Chapters	78106
340. or 5119., Title XLVII, or section 5123.601 of the Revised	78107
Code;	78108

(3) That hospitals, boards of alcohol, drug addiction, and	78109
mental health services, and community mental health ~~agencies~~	78110
services providers may release necessary medical information to	78111
insurers and other third-party payers, including government	78112
entities responsible for processing and authorizing payment, to	78113
obtain payment for goods and services furnished to the patient;	78114

(4) Pursuant to a court order signed by a judge;

78115

(5) That a patient shall be granted access to the patient's	78116
own psychiatric and medical records, unless access specifically is	78117
restricted in a patient's treatment plan for clear treatment	78118
reasons;	78119

(6) That hospitals and other institutions and facilities	78120
within the department of ~~mental health~~mental health and addiction	78121
services may exchange psychiatric records and other pertinent	78122
information with other hospitals, institutions, and facilities of	78123
the department, and with community mental health ~~agencies~~services	78124
providers and boards of alcohol, drug addiction, and mental health	78125
services with which the department has a current agreement for	78126
patient care or services. Records and information that may be	78127
released pursuant to this division shall be limited to medication	78128
history, physical health status and history, financial status,	78129
summary of course of treatment in the hospital, summary of	78130
treatment needs, and a discharge summary, if any.	78131

(7) That hospitals within the department,and other	78132
institutions and facilities within the department~~, hospitals~~	78133
~~licensed by the department under section 5119.20 of the Revised~~	78134
~~Code, and community mental health agencies~~ may exchange	78135
psychiatric records and other pertinent information with payers	78136
and other providers of treatment and health services if the	78137
purpose of the exchange is to facilitate continuity of care for a	78138
patient or for the emergency treatment of an individual;	78139

(8) That a patient's family member who is involved in the	78140
provision, planning, and monitoring of services to the patient may	78141
receive medication information, a summary of the patient's	78142
diagnosis and prognosis, and a list of the services and personnel	78143
available to assist the patient and the patient's family, if the	78144
patient's treating physician determines that the disclosure would	78145
be in the best interests of the patient. No such disclosure shall	78146
be made unless the patient is notified first and receives the	78147
information and does not object to the disclosure.	78148

(9) That community mental health ~~agencies~~services providers	78149
may exchange psychiatric records and certain other information	78150
with the board of alcohol, drug addiction, and mental health	78151
services and other ~~agencies~~services providers in order to	78152
provide services to a person involuntarily committed to a board.	78153
Release of records under this division shall be limited to	78154
medication history, physical health status and history, financial	78155
status, summary of course of treatment, summary of treatment	78156
needs, and discharge summary, if any.	78157

(10) That information may be disclosed to the executor or the	78158
administrator of an estate of a deceased patient when the	78159
information is necessary to administer the estate;	78160

(11) That records in the possession of the Ohio historical	78161
society may be released to the closest living relative of a	78162
deceased patient upon request of that relative;	78163

(12) ~~That information may be disclosed to staff members of~~	78164
~~the appropriate board or to staff members designated by the~~	78165
~~director of mental health for the purpose of evaluating the~~	78166
~~quality, effectiveness, and efficiency of services and determining~~	78167
~~if the services meet minimum standards. Information obtained~~	78168
~~during such evaluations shall not be retained with the name of any~~	78169
~~patient.~~	78170

~~(13)~~ That records pertaining to the patient's diagnosis,	78171
course of treatment, treatment needs, and prognosis shall be	78172
disclosed and released to the appropriate prosecuting attorney if	78173
the patient was committed pursuant to section 2945.38, 2945.39,	78174
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	78175
attorney designated by the board for proceedings pursuant to	78176
involuntary commitment under this chapter.	78177

~~(14)~~(13) That the department of ~~mental health~~mental health	78178
and addiction services may exchange psychiatric hospitalization	78179
records, other mental health treatment records, and other	78180
pertinent information with the department of rehabilitation and	78181
correction and with the department of youth services to ensure	78182
continuity of care for inmates or offenders who are receiving	78183
mental health services in an institution of the department of	78184
rehabilitation and correction or the department of youth services	78185
and may exchange psychiatric hospitalization records, other mental	78186
health treatment records, and other pertinent information with	78187
boards of alcohol, drug addiction, and mental health services and	78188
community mental health services providers to ensure continuity of	78189
care for inmates or offenders who are receiving mental health	78190
services in an institution and are scheduled for release within	78191
six months. The department shall not disclose those records unless	78192
the inmate or offender is notified, receives the information, and	78193
does not object to the disclosure. The release of records under	78194
this division is limited to records regarding an inmate's or	78195
offender's medication history, physical health status and history,	78196
summary of course of treatment, summary of treatment needs, and a	78197
discharge summary, if any.	78198

~~(15) That a community mental health agency that ceases to~~	78199
~~operate may transfer to either a community mental health agency~~	78200
~~that assumes its caseload or to the board of alcohol, drug~~	78201
~~addiction, and mental health services of the service district in~~	78202
~~which the patient resided at the time services were most recently~~	78203
~~provided any treatment records that have not been transferred~~	78204
~~elsewhere at the patient's request.~~	78205

(B) Before records are disclosed pursuant to divisions	78206
(A)(3), (6), and (9) of this section, the custodian of the records	78207
shall attempt to obtain the patient's consent for the disclosure.	78208
No person shall reveal the contents of a medical record of a	78209
patient except as authorized by law.	78210

(C) The managing officer of a hospital who releases necessary	78211
medical information under division (A)(3) of this section to allow	78212
an insurance carrier or other third party payor to comply with	78213
section 5121.43 of the Revised Code shall neither be subject to	78214
criminal nor civil liability.	78215

Sec. 5122.311. (A) Notwithstanding any provision of the	78216
Revised Code to the contrary, if, on or after ~~the effective date~~	78217
~~of this section~~April 8, 2004, an individual is found by a court	78218
to be a mentally ill person subject to hospitalization by court	78219
order or becomes an involuntary patient other than one who is a	78220
patient only for purposes of observation, the probate judge who	78221
made the adjudication or the chief clinical officer of the	78222
hospital, ~~agency~~community mental health services provider, or	78223
facility in which the person is an involuntary patient shall	78224
notify the bureau of criminal identification and investigation, on	78225
the form described in division (C) of this section, of the	78226
identity of the individual. The notification shall be transmitted	78227
by the judge or the chief clinical officer not later than seven	78228
days after the adjudication or commitment.	78229

(B) The bureau of criminal identification and investigation	78230
shall compile and maintain the notices it receives under division	78231
(A) of this section and shall use them for the purpose of	78232
conducting incompetency records checks pursuant to section 311.41	78233
of the Revised Code. The notices and the information they contain	78234
are confidential, except as provided in this division, and are not	78235
public records.	78236

(C) The attorney general, by rule adopted under Chapter 119.	78237
of the Revised Code, shall prescribe and make available to all	78238
probate judges and all chief clinical officers a form to be used	78239
by them for the purpose of making the notifications required by	78240
division (A) of this section.	78241

Sec. 5122.32. (A) As used in this section:

78242

(1) "Quality assurance committee" means a committee that is	78243
appointed in the central office of the department of ~~mental health~~	78244
mental health and addiction services by the director of ~~mental~~	78245
~~health~~mental health and addiction services, a committee of a	78246
hospital or community setting program, ~~a committee established~~	78247
~~pursuant to section 5119.47 of the Revised Code of the department~~	78248
~~of mental health appointed by the managing officer of the hospital~~	78249
~~or program,~~ or a duly authorized subcommittee of a committee of	78250
that nature and that is designated to carry out quality assurance	78251
program activities.	78252

(2) "Quality assurance program" means a comprehensive program	78253
within the department of ~~mental health~~mental health and addiction	78254
services to systematically review and improve the quality of	78255
medical and mental health services within the department and its	78256
hospitals and community setting programs, the safety and security	78257
of persons receiving medical and mental health services within the	78258
department and its hospitals and community setting programs, and	78259
the efficiency and effectiveness of the utilization of staff and	78260
resources in the delivery of medical and mental health services	78261
within the department and its hospitals and community setting	78262
programs. "Quality assurance program" includes the central office	78263
quality assurance committees, morbidity and mortality review	78264
committees, quality assurance programs of community setting	78265
programs, quality assurance committees of hospitals operated by	78266
the department of ~~mental health~~mental health and addiction	78267
services, and the office of licensure and certification of the	78268
department.	78269

(3) "Quality assurance program activities" include collecting	78270
or compiling information and reports required by a quality	78271
assurance committee, receiving, reviewing, or implementing the	78272
recommendations made by a quality assurance committee, and	78273
credentialing, privileging, infection control, tissue review, peer	78274
review, utilization review including access to patient care	78275
records, patient care assessment records, and medical and mental	78276
health records, medical and mental health resource management,	78277
mortality and morbidity review, and identification and prevention	78278
of medical or mental health incidents and risks, whether performed	78279
by a quality assurance committee or by persons who are directed by	78280
a quality assurance committee.	78281

(4) "Quality assurance records" means the proceedings,	78282
discussion, records, findings, recommendations, evaluations,	78283
opinions, minutes, reports, and other documents or actions that	78284
emanate from quality assurance committees, quality assurance	78285
programs, or quality assurance program activities. "Quality	78286
assurance records" does not include aggregate statistical	78287
information that does not disclose the identity of persons	78288
receiving or providing medical or mental health services in	78289
department of ~~mental health institutions~~mental health and	78290
addiction services hospitals or community setting programs .	78291

(B)(1) Except as provided in division (E) of this section,	78292
quality assurance records are confidential and are not public	78293
records under section 149.43 of the Revised Code, and shall be	78294
used only in the course of the proper functions of a quality	78295
assurance program.	78296

(2) Except as provided in division (E) of this section, no	78297
person who possesses or has access to quality assurance records	78298
and who knows that the records are quality assurance records shall	78299
willfully disclose the contents of the records to any person or	78300
entity.	78301

(C)(1) Except as provided in division (E) of this section, no	78302
quality assurance record shall be subject to discovery in, and is	78303
not admissible in evidence, in any judicial or administrative	78304
proceeding.	78305

(2) Except as provided in division (E) of this section, no	78306
member of a quality assurance committee or a person who is	78307
performing a function that is part of a quality assurance program	78308
shall be permitted or required to testify in a judicial or	78309
administrative proceeding with respect to quality assurance	78310
records or with respect to any finding, recommendation,	78311
evaluation, opinion, or other action taken by the committee,	78312
member, or person.	78313

(3) Information, documents, or records otherwise available	78314
from original sources are not to be construed as being unavailable	78315
for discovery or admission in evidence in a judicial or	78316
administrative proceeding merely because they were presented to a	78317
quality assurance committee. No person testifying before a quality	78318
assurance committee or person who is a member of a quality	78319
assurance committee shall be prevented from testifying as to	78320
matters within the person's knowledge, but the witness cannot be	78321
asked about the witness' testimony before the quality assurance	78322
committee or about an opinion formed by the person as a result of	78323
the quality assurance committee proceedings.	78324

(D)(1) A person who, without malice and in the reasonable	78325
belief that the information is warranted by the facts known to the	78326
person, provides information to a person engaged in quality	78327
assurance program activities is not liable for damages in a civil	78328
action for injury, death, or loss to person or property to any	78329
person as a result of providing the information.	78330

(2) A member of a quality assurance committee, a person	78331
engaged in quality assurance program activities, and an employee	78332
of the department of ~~mental health~~mental health and addiction	78333
services shall not be liable in damages in a civil action for	78334
injury, death, or loss to person or property to any person for any	78335
acts, omissions, decisions, or other conduct within the scope of	78336
the functions of the quality assurance program.	78337

(3) Nothing in this section shall relieve any institution or	78338
individual from liability arising from the treatment of a patient.	78339

(E) Quality assurance records may be disclosed, and testimony	78340
may be provided concerning quality assurance records, only to the	78341
following persons or entities:	78342

(1) Persons who are employed or retained by the department of	78343
~~mental health~~mental health and addiction services and who have	78344
authority to evaluate or implement the recommendations of a	78345
state-operated hospital, community setting program, or central	78346
office quality assurance committee;	78347

(2) Public or private agencies or organizations if needed to	78348
perform a licensing or accreditation function related to	78349
department of ~~mental health~~mental health and addiction services	78350
hospitals or community setting programs, or to perform monitoring	78351
of a hospital or program of that nature as required by law.	78352

(F) A disclosure of quality assurance records pursuant to	78353
division (E) of this section does not otherwise waive the	78354
confidential and privileged status of the disclosed quality	78355
assurance records.	78356

(G) Nothing in this section shall limit the access of the	78357
Ohio protection and advocacy system to records or personnel as	78358
required under section 5123.601 of the Revised Code. Nothing in	78359
this section shall limit the admissibility of documentary or	78360
testimonial evidence in an action brought by the Ohio protection	78361
and advocacy system in its own name or on behalf of a client.	78362

Sec. 5122.33. The department of ~~mental health~~mental health	78363
and addiction services may prescribe the form of applications,	78364
reports, records, and medical certificates provided for under this	78365
chapter, and the information required to be contained therein;	78366
require reports from the chief clinical officer of any public	78367
hospital relating to the admission, examination, diagnosis,	78368
release, or discharge of any patient; visit each such hospital	78369
regularly to review the admission procedures of all new patients	78370
admitted between visits; investigate by personal visit complaints	78371
made by any patient or by any person on behalf of a patient; and	78372
adopt such rules as are reasonably necessary to effectuate the	78373
provisions of this chapter.	78374

Sec. 5122.34. (A) Persons, including, but not limited to,	78375
boards of alcohol, drug addiction, and mental health services and	78376
community mental health ~~agencies~~services providers, acting in	78377
good faith, either upon actual knowledge or information thought by	78378
them to be reliable, who procedurally or physically assist in the	78379
hospitalization or discharge, determination of appropriate	78380
placement, or in judicial proceedings of a person under this	78381
chapter, do not come within any criminal provisions, and are free	78382
from any liability to the person hospitalized or to any other	78383
person.	78384

(B) Regardless of whether any affirmative action has been	78385
taken under this chapter with respect to a mental health client or	78386
patient and except as otherwise provided in section 2305.51 of the	78387
Revised Code, no person shall be liable for any harm that results	78388
to any other person as a result of failing to disclose any	78389
confidential information about the mental health client or	78390
patient, or failing to otherwise attempt to protect such other	78391
person from harm by such client or patient.	78392

(C) This section applies to expert witnesses who testify at	78393
hearings under this chapter.	78394

(D) The immunity from liability conferred by this section is	78395
in addition to and not in limitation of any immunity conferred by	78396
any other section of the Revised Code or by judicial precedent.	78397

Sec. 5122.341. (A) As used in this section:

78398

(1) "Facility or ~~agency~~provider" means, in the context of a	78399
person committed to the department of ~~mental health~~mental health	78400
and addiction services under sections 2945.37 to 2945.402 of the	78401
Revised Code, any entity in which the department of ~~mental health~~	78402
mental health and addiction services places such a person.	78403

(2) "Person committed to the department" means a person	78404
committed to the department of ~~mental health~~mental health and	78405
addiction services under sections 2945.37 to 2945.402 of the	78406
Revised Code.	78407

(B) No member of a board of directors, or employee, of a	78408
facility or ~~agency~~provider in which the department of ~~mental~~	78409
~~health~~mental health and addiction services places a person	78410
committed to the department is liable for injury or damages caused	78411
by any action or inaction taken within the scope of the board	78412
member's official duties or employee's employment relating to the	78413
commitment of, and services provided to, the person committed to	78414
the department, unless the action or inaction constitutes willful	78415
or wanton misconduct. A board member's or employee's action or	78416
inaction does not constitute willful or wanton misconduct if the	78417
board member or employee acted in good faith and reasonably under	78418
the circumstances and with the knowledge reasonably attributable	78419
to the board member or employee.	78420

The immunity from liability conferred by this section is in	78421
addition to and not in limitation of any immunity conferred by any	78422
other section of the Revised Code or by judicial precedent.	78423

Sec. 5122.39. (A) Mentally ill minors shall remain under the	78424
natural guardianship of their parents, notwithstanding	78425
hospitalization pursuant to this chapter, unless parental rights	78426
have been terminated pursuant to a court finding that the minor is	78427
neglected or dependent. Where a mentally ill minor is found to be	78428
dependent or neglected, the public children's services agency in	78429
the county of residence has final guardianship authority and	78430
responsibility.	78431

(B) In no case shall the guardianship of a mentally ill	78432
person be assigned to the chief medical officer or any staff	78433
member of a hospital, board, or ~~agency~~provider from which the	78434
person is receiving mental health services.	78435

Sec. 5122.43. (A) Costs, fees, and expenses of all	78436
proceedings held under this chapter shall be paid as follows:	78437

(1) To police and health officers, other than sheriffs or	78438
their deputies, the same fees allowed to constables, to be paid	78439
upon the approval of the probate judge;	78440

(2) To sheriffs or their deputies, the same fees allowed for	78441
similar services in the court of common pleas;	78442

(3) To physicians or licensed clinical psychologists acting	78443
as expert witnesses and to other expert witnesses designated by	78444
the court, an amount determined by the court;	78445

(4) To other witnesses, the same fees and mileage as for	78446
attendance at the court of common pleas, to be paid upon the	78447
approval of the probate judge;	78448

(5) To a person, other than the sheriff or the sheriff's	78449
deputies, for taking a mentally ill person to a hospital or	78450
removing a mentally ill person from a hospital, the actual	78451
necessary expenses incurred, specifically itemized, and approved	78452
by the probate judge;	78453

(6) To assistants who convey mentally ill persons to the	78454
hospital when authorized by the probate judge, a fee set by the	78455
probate court, provided the assistants are not drawing a salary	78456
from the state or any political subdivision of the state, and	78457
their actual necessary expenses incurred, provided that the	78458
expenses are specifically itemized and approved by the probate	78459
judge;	78460

(7) To an attorney appointed by the probate division for an	78461
indigent who allegedly is a mentally ill person pursuant to any	78462
section of this chapter, the fees that are determined by the	78463
probate division. When those indigent persons are before the	78464
court, all filing and recording fees shall be waived.	78465

(8) To a referee who is appointed to conduct proceedings	78466
under this chapter that involve a respondent whose domicile is or,	78467
before the respondent's hospitalization, was not the county in	78468
which the proceedings are held, compensation as fixed by the	78469
probate division, but not more than the compensation paid for	78470
similar proceedings for respondents whose domicile is in the	78471
county in which the proceedings are held;	78472

(9) To a court reporter appointed to make a transcript of	78473
proceedings under this chapter, the compensation and fees allowed	78474
in other cases under section 2101.08 of the Revised Code.	78475

(B) A county shall pay for the costs, fees, and expenses	78476
described in division (A) of this section with money appropriated	78477
pursuant to section 2101.11 of the Revised Code. A county may seek	78478
reimbursement from the department of ~~mental health~~mental health	78479
and addiction services by submitting a request and certification	78480
by the county auditor of the costs, fees, and expenses to the	78481
department within two months of the date the costs, fees, and	78482
expenses are incurred by the county.	78483

Each fiscal year, based on past allocations, historical	78484
utilization, and other factors the department considers	78485
appropriate, the department shall allocate for each county an	78486
amount for reimbursements under this section. The total of all the	78487
allocations shall equal the amount appropriated for the fiscal	78488
year to the department specifically for the purposes of this	78489
section.	78490

On receipt, the department shall review each request for	78491
reimbursement and prepare a voucher for the amount of the costs,	78492
fees, and expenses incurred by the county, provided that the total	78493
amount of money paid to all counties in each fiscal year shall not	78494
exceed the total amount of moneys specifically appropriated to the	78495
department for these purposes.	78496

The department's total reimbursement to each county shall be	78497
the lesser of the full amount requested or the amount allocated	78498
for the county under this division. In addition, the department	78499
shall distribute any surplus remaining from the money appropriated	78500
for the fiscal year to the department for the purposes of this	78501
section as follows to counties whose full requests exceed their	78502
allocations:	78503

(1) If the surplus is sufficient to reimburse such counties	78504
the full amount of their requests, each such county shall receive	78505
the full amount of its request;	78506

(2) If the surplus is insufficient, each such county shall	78507
receive a percentage of the surplus determined by dividing the	78508
difference between the county's full request and its allocation by	78509
the difference between the total of the full requests of all such	78510
counties and the total of the amounts allocated for all such	78511
counties.	78512

The department may adopt rules in accordance with Chapter	78513
119. of the Revised Code to implement the payment of costs, fees,	78514
and expenses under this section.	78515

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	78516
Revised Code:	78517

(A) "Compilation" means a written list of the following	78518
information, as the department of ~~mental health~~mental health and	78519
addiction services is able to reasonably ascertain, for every	78520
patient who was buried, entombed, or inurned prior to ~~the~~	78521
~~effective date of this section~~March 31, 2005, in a cemetery	78522
located on the grounds of or adjacent to the grounds of a public	78523
hospital:	78524

(1) Name;

78525

(2) Date of birth;

78526

(3) Date of death or burial;

78527

(4) Specific physical location of the burial, entombment, or	78528
inurnment, including the plot or grave site number if available.	78529

(B) "Patient" means an individual who died while admitted to	78530
a public hospital that was under the control of the department of	78531
~~mental health~~mental health and addiction services.	78532

(C) "Record" has the same meaning as in section 149.011 of	78533
the Revised Code.	78534

(D) "State agency" means every organized body, office, or	78535
agency established by the laws of the state for the exercise of	78536
any function of state government.	78537

Sec. 5122.45. The department of ~~mental health~~mental health	78538
and addiction services shall create a separate compilation for	78539
each cemetery located on the grounds of or adjacent to the grounds	78540
of a public hospital that is under the control of the department	78541
on ~~the effective date of this section~~March 31, 2005. The	78542
compilation shall be created within a reasonable time not	78543
exceeding three years after ~~the effective date of this section~~	78544
March 31, 2005. The department shall use its best efforts to	78545
create the most complete compilations possible using records in	78546
the department's possession and records obtained in accordance	78547
with section 5122.46 of the Revised Code.	78548

Sec. 5122.46. The Ohio historical society and each state	78549
agency shall, at the request of the department of ~~mental health~~	78550
mental health and addiction services, provide the department	78551
access to records and information in the possession of the	78552
historical society or state agency for purposes of creating	78553
compilations.	78554

Sec. 5122.47. The department of ~~mental health~~mental health	78555
and addiction services shall deposit a copy of each compilation	78556
with the Ohio historical society and the state library as soon as	78557
a compilation is completed. The department shall not disclose any	78558
record or information used to create a compilation except as	78559
provided in sections 149.43 and 5122.31 of the Revised Code.	78560

Sec. 5123.01. As used in this chapter:

78561

(A) "Chief medical officer" means the licensed physician	78562
appointed by the managing officer of an institution for the	78563
mentally retarded with the approval of the director of	78564
developmental disabilities to provide medical treatment for	78565
residents of the institution.	78566

(B) "Chief program director" means a person with special	78567
training and experience in the diagnosis and management of the	78568
mentally retarded, certified according to division (C) of this	78569
section in at least one of the designated fields, and appointed by	78570
the managing officer of an institution for the mentally retarded	78571
with the approval of the director to provide habilitation and care	78572
for residents of the institution.	78573

(C) "Comprehensive evaluation" means a study, including a	78574
sequence of observations and examinations, of a person leading to	78575
conclusions and recommendations formulated jointly, with	78576
dissenting opinions if any, by a group of persons with special	78577
training and experience in the diagnosis and management of persons	78578
with mental retardation or a developmental disability, which group	78579
shall include individuals who are professionally qualified in the	78580
fields of medicine, psychology, and social work, together with	78581
such other specialists as the individual case may require.	78582

(D) "Education" means the process of formal training and	78583
instruction to facilitate the intellectual and emotional	78584
development of residents.	78585

(E) "Habilitation" means the process by which the staff of	78586
the institution assists the resident in acquiring and maintaining	78587
those life skills that enable the resident to cope more	78588
effectively with the demands of the resident's own person and of	78589
the resident's environment and in raising the level of the	78590
resident's physical, mental, social, and vocational efficiency.	78591
Habilitation includes but is not limited to programs of formal,	78592
structured education and training.	78593

(F) "Health officer" means any public health physician,	78594
public health nurse, or other person authorized or designated by a	78595
city or general health district.	78596

(G) "Home and community-based services" means medicaid-funded	78597
home and community-based services specified in division ~~(B)~~(A)(1)	78598
of section ~~5111.87~~5166.20 of the Revised Code provided under the	78599
medicaid waiver components the department of developmental	78600
disabilities administers pursuant to section ~~5111.871~~5166.21 of	78601
the Revised Code. Except as provided in section 5123.0412 of the	78602
Revised Code, home and community-based services provided under the	78603
medicaid waiver component known as the transitions developmental	78604
disabilities waiver are to be considered to be home and	78605
community-based services for the purposes of this chapter, and	78606
Chapters 5124. and 5126. of the Revised Code, only to the extent,	78607
if any, provided by the contract required by section ~~5111.871~~	78608
5166.21 of the Revised Code regarding the waiver.	78609

(H) "ICF/MR" has the same meaning as in section 5124.01 of	78610
the Revised Code.	78611

(I) "Indigent person" means a person who is unable, without	78612
substantial financial hardship, to provide for the payment of an	78613
attorney and for other necessary expenses of legal representation,	78614
including expert testimony.	78615

~~(I)~~(J) "Institution" means a public or private facility, or a	78616
part of a public or private facility, that is licensed by the	78617
appropriate state department and is equipped to provide	78618
residential habilitation, care, and treatment for the mentally	78619
retarded.	78620

~~(J)~~(K) "Licensed physician" means a person who holds a valid	78621
certificate issued under Chapter 4731. of the Revised Code	78622
authorizing the person to practice medicine and surgery or	78623
osteopathic medicine and surgery, or a medical officer of the	78624
government of the United States while in the performance of the	78625
officer's official duties.	78626

~~(K)~~(L) "Managing officer" means a person who is appointed by	78627
the director of developmental disabilities to be in executive	78628
control of an institution for the mentally retarded under the	78629
jurisdiction of the department.	78630

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	78631
~~the Revised Code.~~	78632

(M) "Medicaid case management services" means case management	78633
services provided to an individual with mental retardation or	78634
other developmental disability that the state medicaid plan	78635
requires.	78636

(N) "Mentally retarded person" means a person having	78637
significantly subaverage general intellectual functioning existing	78638
concurrently with deficiencies in adaptive behavior, manifested	78639
during the developmental period.	78640

(O) "Mentally retarded person subject to institutionalization	78641
by court order" means a person eighteen years of age or older who	78642
is at least moderately mentally retarded and in relation to whom,	78643
because of the person's retardation, either of the following	78644
conditions exist:	78645

(1) The person represents a very substantial risk of physical	78646
impairment or injury to self as manifested by evidence that the	78647
person is unable to provide for and is not providing for the	78648
person's most basic physical needs and that provision for those	78649
needs is not available in the community;	78650

(2) The person needs and is susceptible to significant	78651
habilitation in an institution.	78652

(P) "A person who is at least moderately mentally retarded"	78653
means a person who is found, following a comprehensive evaluation,	78654
to be impaired in adaptive behavior to a moderate degree and to be	78655
functioning at the moderate level of intellectual functioning in	78656
accordance with standard measurements as recorded in the most	78657
current revision of the manual of terminology and classification	78658
in mental retardation published by the American association on	78659
mental retardation.	78660

(Q) As used in this division, "substantial functional	78661
limitation," "developmental delay," and "established risk" have	78662
the meanings established pursuant to section 5123.011 of the	78663
Revised Code.	78664

"Developmental disability" means a severe, chronic disability	78665
that is characterized by all of the following:	78666

(1) It is attributable to a mental or physical impairment or	78667
a combination of mental and physical impairments, other than a	78668
mental or physical impairment solely caused by mental illness as	78669
defined in division (A) of section 5122.01 of the Revised Code.	78670

(2) It is manifested before age twenty-two.

78671

(3) It is likely to continue indefinitely.

78672

(4) It results in one of the following:

78673

(a) In the case of a person under three years of age, at	78674
least one developmental delay or an established risk;	78675

(b) In the case of a person at least three years of age but	78676
under six years of age, at least two developmental delays or an	78677
established risk;	78678

(c) In the case of a person six years of age or older, a	78679
substantial functional limitation in at least three of the	78680
following areas of major life activity, as appropriate for the	78681
person's age: self-care, receptive and expressive language,	78682
learning, mobility, self-direction, capacity for independent	78683
living, and, if the person is at least sixteen years of age,	78684
capacity for economic self-sufficiency.	78685

(5) It causes the person to need a combination and sequence	78686
of special, interdisciplinary, or other type of care, treatment,	78687
or provision of services for an extended period of time that is	78688
individually planned and coordinated for the person.	78689

(R) "Developmentally disabled person" means a person with a	78690
developmental disability.	78691

(S) "State institution" means an institution that is	78692
tax-supported and under the jurisdiction of the department.	78693

(T) "Residence" and "legal residence" have the same meaning	78694
as "legal settlement," which is acquired by residing in Ohio for a	78695
period of one year without receiving general assistance prior to	78696
July 17, 1995, under former Chapter 5113. of the Revised Code,	78697
financial assistance under Chapter 5115. of the Revised Code, or	78698
assistance from a private agency that maintains records of	78699
assistance given. A person having a legal settlement in the state	78700
shall be considered as having legal settlement in the assistance	78701
area in which the person resides. No adult person coming into this	78702
state and having a spouse or minor children residing in another	78703
state shall obtain a legal settlement in this state as long as the	78704
spouse or minor children are receiving public assistance, care, or	78705
support at the expense of the other state or its subdivisions. For	78706
the purpose of determining the legal settlement of a person who is	78707
living in a public or private institution or in a home subject to	78708
licensing by the department of job and family services, the	78709
department of ~~mental health~~mental health and addiction services,	78710
or the department of developmental disabilities, the residence of	78711
the person shall be considered as though the person were residing	78712
in the county in which the person was living prior to the person's	78713
entrance into the institution or home. Settlement once acquired	78714
shall continue until a person has been continuously absent from	78715
Ohio for a period of one year or has acquired a legal residence in	78716
another state. A woman who marries a man with legal settlement in	78717
any county immediately acquires the settlement of her husband. The	78718
legal settlement of a minor is that of the parents, surviving	78719
parent, sole parent, parent who is designated the residential	78720
parent and legal custodian by a court, other adult having	78721
permanent custody awarded by a court, or guardian of the person of	78722
the minor, provided that:	78723

(1) A minor female who marries shall be considered to have	78724
the legal settlement of her husband and, in the case of death of	78725
her husband or divorce, she shall not thereby lose her legal	78726
settlement obtained by the marriage.	78727

(2) A minor male who marries, establishes a home, and who has	78728
resided in this state for one year without receiving general	78729
assistance prior to July 17, 1995, under former Chapter 5113. of	78730
the Revised Code, financial assistance under Chapter 5115. of the	78731
Revised Code, or assistance from a private agency that maintains	78732
records of assistance given shall be considered to have obtained a	78733
legal settlement in this state.	78734

(3) The legal settlement of a child under eighteen years of	78735
age who is in the care or custody of a public or private child	78736
caring agency shall not change if the legal settlement of the	78737
parent changes until after the child has been in the home of the	78738
parent for a period of one year.	78739

No person, adult or minor, may establish a legal settlement	78740
in this state for the purpose of gaining admission to any state	78741
institution.	78742

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	78743
this section, a person who is admitted either voluntarily or	78744
involuntarily to an institution or other facility pursuant to	78745
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	78746
Code subsequent to a finding of not guilty by reason of insanity	78747
or incompetence to stand trial or under this chapter who is under	78748
observation or receiving habilitation and care in an institution.	78749

(2) "Resident" does not include a person admitted to an	78750
institution or other facility under section 2945.39, 2945.40,	78751
2945.401, or 2945.402 of the Revised Code to the extent that the	78752
reference in this chapter to resident, or the context in which the	78753
reference occurs, is in conflict with any provision of sections	78754
2945.37 to 2945.402 of the Revised Code.	78755

(V) "Respondent" means the person whose detention,	78756
commitment, or continued commitment is being sought in any	78757
proceeding under this chapter.	78758

(W) "Working day" and "court day" mean Monday, Tuesday,	78759
Wednesday, Thursday, and Friday, except when such day is a legal	78760
holiday.	78761

(X) "Prosecutor" means the prosecuting attorney, village	78762
solicitor, city director of law, or similar chief legal officer	78763
who prosecuted a criminal case in which a person was found not	78764
guilty by reason of insanity, who would have had the authority to	78765
prosecute a criminal case against a person if the person had not	78766
been found incompetent to stand trial, or who prosecuted a case in	78767
which a person was found guilty.	78768

(Y) "Court" means the probate division of the court of common	78769
pleas.	78770

(Z) "Supported living" and "residential services" have the	78771
same meanings as in section 5126.01 of the Revised Code.	78772

Sec. 5123.021. (A) As used in this section, "mentally	78773
retarded individual" and "specialized services" have the same	78774
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	78775

(B)(1) Except as provided in division (B)(2) of this section	78776
and rules adopted under division (E)(3) of this section, for	78777
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	78778
department of developmental disabilities shall determine in	78779
accordance with section 1919(e)(7) of the "Social Security Act,"	78780
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	78781
adopted under section 1919(f)(8)(A) of that act whether, because	78782
of the individual's physical and mental condition, a mentally	78783
retarded individual seeking admission to a nursing facility	78784
requires the level of services provided by a nursing facility and,	78785
if the individual requires that level of services, whether the	78786
individual requires specialized services for mental retardation.	78787

(2) A determination under this division is not required for	78788
any of the following:	78789

(a) An individual seeking readmission to a nursing facility	78790
after having been transferred from a nursing facility to a	78791
hospital for care;	78792

(b) An individual who meets all of the following conditions:

78793

(i) The individual is admitted to the nursing facility	78794
directly from a hospital after receiving inpatient care at the	78795
hospital;	78796

(ii) The individual requires nursing facility services for	78797
the condition for which the individual received care in the	78798
hospital;	78799

(iii) The individual's attending physician has certified,	78800
before admission to the nursing facility, that the individual is	78801
likely to require less than thirty days of nursing facility	78802
services.	78803

(c) An individual transferred from one nursing facility to	78804
another nursing facility, with or without an intervening hospital	78805
stay.	78806

(C) Except as provided in rules adopted under division (F)(3)	78807
of this section, the department of developmental disabilities	78808
shall review and determine, for each resident of a nursing	78809
facility who is mentally retarded, whether the resident, because	78810
of the resident's physical and mental condition, requires the	78811
level of services provided by a nursing facility and whether the	78812
resident requires specialized services for mental retardation. The	78813
review and determination shall be conducted in accordance with	78814
section 1919(e)(7) of the "Social Security Act" and the	78815
regulations adopted under section 1919(f)(8)(A) of the act. The	78816
review and determination shall be completed promptly after a	78817
nursing facility has notified the department that there has been a	78818
significant change in the resident's mental or physical condition.	78819

(D)(1) In the case of a nursing facility resident who has	78820
continuously resided in a nursing facility for at least thirty	78821
months before the date of a review and determination under	78822
division (C) of this section, if the resident is determined not to	78823
require the level of services provided by a nursing facility, but	78824
is determined to require specialized services for mental	78825
retardation, the department, in consultation with the resident's	78826
family or legal representative and care givers, shall do all of	78827
the following:	78828

(a) Inform the resident of the institutional and	78829
noninstitutional alternatives covered under the state plan for	78830
medical assistance;	78831

(b) Offer the resident the choice of remaining in the nursing	78832
facility or receiving covered services in an alternative	78833
institutional or noninstitutional setting;	78834

(c) Clarify the effect on eligibility for services under the	78835
state plan for medical assistance if the resident chooses to leave	78836
the facility, including its effect on readmission to the facility;	78837

(d) Provide for or arrange for the provision of specialized	78838
services for the resident's mental retardation in the setting	78839
chosen by the resident.	78840

(2) In the case of a nursing facility resident who has	78841
continuously resided in a nursing facility for less than thirty	78842
months before the date of the review and determination under	78843
division (C) of this section, if the resident is determined not to	78844
require the level of services provided by a nursing facility, but	78845
is determined to require specialized services for mental	78846
retardation, or if the resident is determined to require neither	78847
the level of services provided by a nursing facility nor	78848
specialized services for mental retardation, the department shall	78849
act in accordance with its alternative disposition plan approved	78850
by the United States department of health and human services under	78851
section 1919(e)(7)(E) of the "Social Security Act."	78852

(3) In the case of an individual who is determined under	78853
division (B) or (C) of this section to require both the level of	78854
services provided by a nursing facility and specialized services	78855
for mental retardation, the department of developmental	78856
disabilities shall provide or arrange for the provision of the	78857
specialized services needed by the individual or resident while	78858
residing in a nursing facility.	78859

(E) The department of developmental disabilities shall adopt	78860
rules in accordance with Chapter 119. of the Revised Code that do	78861
all of the following:	78862

(1) Establish criteria to be used in making the	78863
determinations required by divisions (B) and (C) of this section.	78864
The criteria shall not exceed the criteria established by	78865
regulations adopted by the United States department of health and	78866
human services under section 1919(f)(8)(A) of the "Social Security	78867
Act."	78868

(2) Specify information to be provided by the individual or	78869
nursing facility resident being assessed;	78870

(3) Specify any circumstances, in addition to circumstances	78871
listed in division (B) of this section, under which determinations	78872
under divisions (B) and (C) of this section are not required to be	78873
made.	78874

Sec. 5123.022. It(A) As used in this section:

78875

(1) "Community employment" means competitive employment that	78876
takes place in an integrated setting.	78877

(2) "Competitive employment" means full-time or part-time	78878
work in the competitive labor market in which payment is at or	78879
above the minimum wage but not less than the customary wage and	78880
level of benefits paid by the employer for the same or similar	78881
work performed by persons who are not disabled.	78882

(3) "Integrated setting" means a setting typically found in	78883
the community where individuals with developmental disabilities	78884
interact with individuals who do not have disabilities to the same	78885
extent that individuals in comparable positions who are not	78886
disabled interact with other individuals, including in employment	78887
settings in which employees interact with the community through	78888
technology.	78889

(B) It is hereby declared to be the policy of this state that	78890
employment services for individuals with developmental	78891
disabilities be directed at placement whenever possible of each	78892
individual in ~~a position in the~~ community ~~in which the individual~~	78893
~~is integrated with the employer's other workers who are not~~	78894
~~developmentally disabled~~employment. ~~The~~Every individual with a	78895
developmental disability is presumed capable of community	78896
employment unless proven otherwise through an individualized	78897
assessment process.	78898

The departments of developmental disabilities, education,	78899
medicaid, job and family services, and ~~mental health~~mental health	78900
and addiction services; the rehabilitation services commission ;	78901
and each other state agency that provides employment services to	78902
individuals with developmental disabilities shall implement ~~this~~	78903
the policy of this state and ensure that it is followed whenever	78904
employment services are provided to individuals with developmental	78905
disabilities.	78906

The department of developmental disabilities shall coordinate	78907
the actions taken by state agencies to comply with the state's	78908
policy. Agencies shall collaborate within their divisions and with	78909
each other to ensure that state programs, policies, procedures,	78910
and funding support competitive and integrated employment of	78911
individuals with developmental disabilities. State agencies shall	78912
share information with the department, and the department shall	78913
track progress toward full implementation of the policy. The	78914
department, in coordination with any task force established by the	78915
governor, shall compile data and annually submit to the governor a	78916
report on implementation of the policy.	78917

The department and state agencies may adopt rules to	78918
implement the state's policy.	78919

(C) The state's policy articulated in this section is	78920
intended to promote the right of each individual with a	78921
developmental disability to informed choice; however, nothing in	78922
this section requires any employer to give preference in hiring to	78923
an individual because the individual has a disability.	78924

Sec. 5123.023. (A) The director of developmental	78925
disabilities may establish an employment first task force	78926
consisting of the departments of developmental disabilities,	78927
education, medicaid, job and family services, and mental health	78928
and addiction services; and the opportunities for Ohioans with	78929
disabilities agency. The purpose of the task force shall be to	78930
improve the coordination of the state's efforts to address the	78931
needs of individuals with developmental disabilities who seek	78932
community employment as defined in section 5123.022 of the Revised	78933
Code.	78934

(B) The department of developmental disabilities may enter	78935
into interagency agreements with any of the government entities on	78936
the task force. The interagency agreements may specify either or	78937
both of the following:	78938

(1) The roles and responsibilities of the government entities	78939
that are members of the task force, including any money to be	78940
contributed by those entities;	78941

(2) The projects and activities of the task force.

78942

(C) There is hereby created in the state treasury the	78943
employment first taskforce fund. Any money received by the task	78944
force from its members shall be credited to the fund. The	78945
department of developmental disabilities shall use the fund to	78946
support the work of the task force.	78947

(D) The task force shall cease to exist on January 1, 2020.	78948
Any money, assets, or employees of the department of developmental	78949
disabilities that on that date are dedicated to the work of the	78950
task force shall be reallocated by the department for employment	78951
services for individuals with developmental disabilities.	78952

Sec. 5123.03. (A) The department of developmental	78953
disabilities shall do all of the following:	78954

(1) Maintain, operate, manage, and govern all state	78955
institutions for the care, treatment, and training of the mentally	78956
retarded;	78957

(2) Designate all such institutions by appropriate names;

78958

(3) Provide and designate facilities for the custody, care,	78959
and special treatment of persons of the following classes:	78960

(a) Dangerous persons in state institutions for the mentally	78961
retarded who represent a serious threat to the safety of the other	78962
patients of the institution;	78963

(b) Persons charged with crimes who are found incompetent to	78964
stand trial or not guilty by reason of insanity and who are also	78965
mentally retarded persons subject to institutionalization by court	78966
order.	78967

(4) Have control of all institutions maintained in part by	78968
the state for the care, treatment, and training of the mentally	78969
retarded;	78970

(5) Administer the laws relative to persons in such	78971
institutions in an efficient, economical, and humane manner;	78972

(6) Ascertain by actual examinations and inquiry whether	78973
institutionalizations are made according to law.	78974

(B) The department may do any of the following:

78975

(1) Subject to section 5139.08 of the Revised Code, receive	78976
from the department of youth services for observation, diagnosis,	78977
care, habilitation, or placement any children in the custody of	78978
the department of youth services;	78979

(2) Receive for observation any minor from a public	78980
institution other than an institution under the jurisdiction of	78981
the department of developmental disabilities, from a private	78982
charitable institution, or from a person having legal custody of	78983
such a minor, upon such terms as are proper;	78984

(3) Receive from the department of ~~mental health~~mental	78985
health and addiction services any patient in the custody of the	78986
department who is transferred to the department of developmental	78987
disabilities upon such terms and conditions as may be agreed upon	78988
by the two departments.	78989

(C) In addition to the powers and duties expressly conferred	78990
by this section, the department may take any other action	78991
necessary for the full and efficient executive, administrative,	78992
and fiscal supervision of the state institutions described in this	78993
section.	78994

Sec. 5123.0412. (A) The department of developmental	78995
disabilities shall charge each county board of developmental	78996
disabilities an annual fee equal to one and one-quarter per cent	78997
of the total value of all medicaid paid claims for home and	78998
community-based services provided during the year to an individual	78999
eligible for services from the county board. However, the	79000
department shall not charge the fee for home and community-based	79001
services provided under the medicaid waiver component known as the	79002
transitions developmental disabilities waiver. No county board	79003
shall pass the cost of a fee charged to the county board under	79004
this section on to another provider of these services.	79005

(B) The fees collected under this section shall be deposited	79006
into the ODDD administration and oversight fund ~~and the ODJFS~~	79007
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	79008
created in the state treasury. ~~The portion of the fees to be~~	79009
~~deposited into the ODDD administration and oversight fund and the~~	79010
~~portion of the fees to be deposited into the ODJFS administration~~	79011
~~and oversight fund shall be the portion specified in an~~	79012
~~interagency agreement entered into under division (C) of this~~	79013
~~section.~~ The department ~~of developmental disabilities~~ shall use	79014
the money in the ODDD administration and oversight fund ~~and the~~	79015
~~department of job and family services shall use the money in the~~	79016
~~ODJFS administration and oversight fund~~ for both of the following	79017
purposes:	79018

(1) Medicaid administrative costs, including administrative	79019
and oversight costs of medicaid case management services and home	79020
and community-based services. The administrative and oversight	79021
costs of medicaid case management services and home and	79022
community-based services shall include costs for staff, systems,	79023
and other resources the ~~departments need~~department needs and	79024
~~dedicate~~dedicates solely to the following duties associated with	79025
the services:	79026

(a) Eligibility determinations;

79027

(b) Training;

79028

79029

(d) Claims processing;

79030

(e) Quality assurance oversight;

79031

(f) Other duties the ~~departments identify~~department	79032
identifies.	79033

(2) Providing technical support to county boards' local	79034
administrative authority under section 5126.055 of the Revised	79035
Code for the services.	79036

(C) ~~The departments of developmental disabilities and job and~~	79037
~~family services shall enter into an interagency agreement to do~~	79038
~~both of the following:~~	79039

~~(1) Specify which portion of the fees collected under this~~	79040
~~section is to be deposited into the ODDD administration and~~	79041
~~oversight fund and which portion is to be deposited into the ODJFS~~	79042
~~administration and oversight fund;~~	79043

~~(2) Provide for the departments to coordinate the staff whose~~	79044
~~costs are paid for with money in the ODDD administration and~~	79045
~~oversight fund and the ODJFS administration and oversight fund.~~	79046

~~(D)~~ The ~~departments~~department shall submit an annual report	79047
to the director of budget and management certifying how the	79048
~~departments~~department spent the money in the ODDD administration	79049
and oversight fund ~~and the ODJFS administration and oversight fund~~	79050
for the purposes specified in division (B) of this section.	79051

Sec. 5123.0417. (A) The director of developmental	79052
disabilities shall establish one or more programs for individuals	79053
under twenty-two years of age who have intensive behavioral needs,	79054
including such individuals with a primary diagnosis of autism	79055
spectrum disorder. The programs may include one or more medicaid	79056
waiver components that the director administers pursuant to	79057
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	79058
one or more of the following:	79059

(1) Establish models that incorporate elements common to	79060
effective intervention programs and evidence-based practices in	79061
services for children with intensive behavioral needs;	79062

(2) Design a template for individualized education plans and	79063
individual service plans that provide consistent intervention	79064
programs and evidence-based practices for the care and treatment	79065
of children with intensive behavioral needs;	79066

(3) Disseminate best practice guidelines for use by families	79067
of children with intensive behavioral needs and professionals	79068
working with such families;	79069

(4) Develop a transition planning model for effectively	79070
mainstreaming school-age children with intensive behavioral needs	79071
to their public school district;	79072

(5) Contribute to the field of early and effective	79073
identification and intervention programs for children with	79074
intensive behavioral needs by providing financial support for	79075
scholarly research and publication of clinical findings.	79076

(B) The director of developmental disabilities shall	79077
collaborate with the medicaid director ~~of job and family services~~	79078
and consult with the executive director of the Ohio center for	79079
autism and low incidence and university-based programs that	79080
specialize in services for individuals with developmental	79081
disabilities when establishing programs under this section.	79082

Sec. 5123.09. Subject to the rules of the department of	79083
developmental disabilities, each institution under the	79084
jurisdiction of the department shall be under the control of a	79085
managing officer to be known as a superintendent or by other	79086
appropriate title. The managing officer shall be appointed by the	79087
director of developmental disabilities and shall be in the	79088
unclassified service and serve at the pleasure of the director.	79089
Each managing officer shall be of good moral character and have	79090
skill, ability, and experience in the managing officer's	79091
profession. Appointment to the position of managing officer of an	79092
institution may be made from persons holding positions in the	79093
classified service in the department.	79094

The managing officer, under the director, shall have entire	79095
executive charge of the institution for which the managing officer	79096
is appointed, except as provided in section ~~5119.16~~5119.44 of the	79097
Revised Code. Subject to civil service rules and rules adopted by	79098
the department, the managing officer shall appoint the necessary	79099
employees, and the managing officer or the director may remove	79100
those employees for cause. A report of all appointments,	79101
resignations, and discharges shall be filed with the appropriate	79102
division at the close of each month.	79103

After conference with the managing officer of each	79104
institution, the director shall determine the number of employees	79105
to be appointed to the various institutions and clinics.	79106

Sec. 5123.171. As used in this section, "respite care" means	79107
appropriate, short-term, temporary care provided to a mentally	79108
retarded or developmentally disabled person to sustain the family	79109
structure or to meet planned or emergency needs of the family.	79110

The department of developmental disabilities shall provide	79111
respite care services to persons with mental retardation or a	79112
developmental disability for the purpose of promoting	79113
self-sufficiency and normalization, preventing or reducing	79114
inappropriate institutional care, and furthering the unity of the	79115
family by enabling the family to meet the special needs of a	79116
mentally retarded or developmentally disabled person.	79117

In order to be eligible for respite care services under this	79118
section, the mentally retarded or developmentally disabled person	79119
must be in need of habilitation services as defined in section	79120
5126.01 of the Revised Code.	79121

Respite care may be provided in a residential facility	79122
licensed under section 5123.19 of the Revised Code (, including a	79123
residential facility certified as an ~~intermediate care facility~~	79124
~~for the mentally retarded under Title XIX of the "Social Security~~	79125
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	79126
ICF/MR, and a respite care home certified under section 5126.05 of	79127
the Revised Code.	79128

The department shall develop a system for locating vacant	79129
beds that are available for respite care and for making	79130
information on vacant beds available to users of respite care	79131
services. ~~Facilities certified as intermediate care facilities for~~	79132
~~the mentally retarded~~ICFs/MR shall report vacant beds to the	79133
department but shall not be required to accept respite care	79134
clients.	79135

The director of developmental disabilities shall adopt, and	79136
may amend or rescind, rules in accordance with Chapter 119. of the	79137
Revised Code for both of the following:	79138

(A) Certification by county boards of developmental	79139
disabilities of respite care homes;	79140

(B) Provision of respite care services authorized by this	79141
section. Rules adopted under this division shall establish all of	79142
the following:	79143

(1) A formula for distributing funds appropriated for respite	79144
care services;	79145

(2) Standards for supervision, training and quality control	79146
in the provision of respite care services;	79147

(3) Eligibility criteria for emergency respite care services.

79148

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	79149
the Revised Code:	79150

(1) "Independent living arrangement" means an arrangement in	79151
which a mentally retarded or developmentally disabled person	79152
resides in an individualized setting chosen by the person or the	79153
person's guardian, which is not dedicated principally to the	79154
provision of residential services for mentally retarded or	79155
developmentally disabled persons, and for which no financial	79156
support is received for rendering such service from any	79157
governmental agency by a provider of residential services.	79158

(2) ~~"Intermediate care facility for the mentally retarded"~~	79159
~~has the same meaning as in section 1905(d) of the "Social Security~~	79160
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	79161

~~(3)~~ "Licensee" means the person or government agency that has	79162
applied for a license to operate a residential facility and to	79163
which the license was issued under this section.	79164

~~(4)~~(3) "Political subdivision" means a municipal corporation,	79165
county, or township.	79166

~~(5)~~(4) "Related party" has the same meaning as in section	79167
5123.16 of the Revised Code except that "provider" as used in the	79168
definition of "related party" means a person or government entity	79169
that held or applied for a license to operate a residential	79170
facility, rather than a person or government entity certified to	79171
provide supported living.	79172

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	79173
section, "residential facility" means a home or facility,	79174
including ~~a facility certified as an intermediate care facility~~	79175
~~for the mentally retarded~~an ICF/MR, in which an individual with	79176
mental retardation or a developmental disability resides.	79177

(b) "Residential facility" does not mean any of the	79178
following:	79179

(i) The home of a relative or legal guardian in which an	79180
individual with mental retardation or a developmental disability	79181
resides;	79182

(ii) A respite care home certified under section 5126.05 of	79183
the Revised Code;	79184

(iii) A county home or district home operated pursuant to	79185
Chapter 5155. of the Revised Code;	79186

(iv) A dwelling in which the only residents with mental	79187
retardation or developmental disabilities are in independent	79188
living arrangements or are being provided supported living.	79189

(B) Every person or government agency desiring to operate a	79190
residential facility shall apply for licensure of the facility to	79191
the director of developmental disabilities unless the residential	79192
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	79193
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	79194
Code.	79195

(C) Subject to section 5123.196 of the Revised Code, the	79196
director of developmental disabilities shall license the operation	79197
of residential facilities. An initial license shall be issued for	79198
a period that does not exceed one year, unless the director denies	79199
the license under division (D) of this section. A license shall be	79200
renewed for a period that does not exceed three years, unless the	79201
director refuses to renew the license under division (D) of this	79202
section. The director, when issuing or renewing a license, shall	79203
specify the period for which the license is being issued or	79204
renewed. A license remains valid for the length of the licensing	79205
period specified by the director, unless the license is	79206
terminated, revoked, or voluntarily surrendered.	79207

(D) If it is determined that an applicant or licensee is not	79208
in compliance with a provision of this chapter that applies to	79209
residential facilities or the rules adopted under such a	79210
provision, the director may deny issuance of a license, refuse to	79211
renew a license, terminate a license, revoke a license, issue an	79212
order for the suspension of admissions to a facility, issue an	79213
order for the placement of a monitor at a facility, issue an order	79214
for the immediate removal of residents, or take any other action	79215
the director considers necessary consistent with the director's	79216
authority under this chapter regarding residential facilities. In	79217
the director's selection and administration of the sanction to be	79218
imposed, all of the following apply:	79219

(1) The director may deny, refuse to renew, or revoke a	79220
license, if the director determines that the applicant or licensee	79221
has demonstrated a pattern of serious noncompliance or that a	79222
violation creates a substantial risk to the health and safety of	79223
residents of a residential facility.	79224

(2) The director may terminate a license if more than twelve	79225
consecutive months have elapsed since the residential facility was	79226
last occupied by a resident or a notice required by division (K)	79227
of this section is not given.	79228

(3) The director may issue an order for the suspension of	79229
admissions to a facility for any violation that may result in	79230
sanctions under division (D)(1) of this section and for any other	79231
violation specified in rules adopted under division (H)(2) of this	79232
section. If the suspension of admissions is imposed for a	79233
violation that may result in sanctions under division (D)(1) of	79234
this section, the director may impose the suspension before	79235
providing an opportunity for an adjudication under Chapter 119. of	79236
the Revised Code. The director shall lift an order for the	79237
suspension of admissions when the director determines that the	79238
violation that formed the basis for the order has been corrected.	79239

(4) The director may order the placement of a monitor at a	79240
residential facility for any violation specified in rules adopted	79241
under division (H)(2) of this section. The director shall lift the	79242
order when the director determines that the violation that formed	79243
the basis for the order has been corrected.	79244

(5) If the director determines that two or more residential	79245
facilities owned or operated by the same person or government	79246
entity are not being operated in compliance with a provision of	79247
this chapter that applies to residential facilities or the rules	79248
adopted under such a provision, and the director's findings are	79249
based on the same or a substantially similar action, practice,	79250
circumstance, or incident that creates a substantial risk to the	79251
health and safety of the residents, the director shall conduct a	79252
survey as soon as practicable at each residential facility owned	79253
or operated by that person or government entity. The director may	79254
take any action authorized by this section with respect to any	79255
facility found to be operating in violation of a provision of this	79256
chapter that applies to residential facilities or the rules	79257
adopted under such a provision.	79258

(6) When the director initiates license revocation	79259
proceedings, no opportunity for submitting a plan of correction	79260
shall be given. The director shall notify the licensee by letter	79261
of the initiation of the proceedings. The letter shall list the	79262
deficiencies of the residential facility and inform the licensee	79263
that no plan of correction will be accepted. The director shall	79264
also send a copy of the letter to the county board of	79265
developmental disabilities. The county board shall send a copy of	79266
the letter to each of the following:	79267

(a) Each resident who receives services from the licensee;

79268

(b) The guardian of each resident who receives services from	79269
the licensee if the resident has a guardian;	79270

(c) The parent or guardian of each resident who receives	79271
services from the licensee if the resident is a minor.	79272

(7) Pursuant to rules which shall be adopted in accordance	79273
with Chapter 119. of the Revised Code, the director may order the	79274
immediate removal of residents from a residential facility	79275
whenever conditions at the facility present an immediate danger of	79276
physical or psychological harm to the residents.	79277

(8) In determining whether a residential facility is being	79278
operated in compliance with a provision of this chapter that	79279
applies to residential facilities or the rules adopted under such	79280
a provision, or whether conditions at a residential facility	79281
present an immediate danger of physical or psychological harm to	79282
the residents, the director may rely on information obtained by a	79283
county board of developmental disabilities or other governmental	79284
agencies.	79285

(9) In proceedings initiated to deny, refuse to renew, or	79286
revoke licenses, the director may deny, refuse to renew, or revoke	79287
a license regardless of whether some or all of the deficiencies	79288
that prompted the proceedings have been corrected at the time of	79289
the hearing.	79290

(E) The director shall establish a program under which public	79291
notification may be made when the director has initiated license	79292
revocation proceedings or has issued an order for the suspension	79293
of admissions, placement of a monitor, or removal of residents.	79294
The director shall adopt rules in accordance with Chapter 119. of	79295
the Revised Code to implement this division. The rules shall	79296
establish the procedures by which the public notification will be	79297
made and specify the circumstances for which the notification must	79298
be made. The rules shall require that public notification be made	79299
if the director has taken action against the facility in the	79300
eighteen-month period immediately preceding the director's latest	79301
action against the facility and the latest action is being taken	79302
for the same or a substantially similar violation of a provision	79303
of this chapter that applies to residential facilities or the	79304
rules adopted under such a provision. The rules shall specify a	79305
method for removing or amending the public notification if the	79306
director's action is found to have been unjustified or the	79307
violation at the residential facility has been corrected.	79308

(F)(1) Except as provided in division (F)(2) of this section,	79309
appeals from proceedings initiated to impose a sanction under	79310
division (D) of this section shall be conducted in accordance with	79311
Chapter 119. of the Revised Code.	79312

(2) Appeals from proceedings initiated to order the	79313
suspension of admissions to a facility shall be conducted in	79314
accordance with Chapter 119. of the Revised Code, unless the order	79315
was issued before providing an opportunity for an adjudication, in	79316
which case all of the following apply:	79317

(a) The licensee may request a hearing not later than ten	79318
days after receiving the notice specified in section 119.07 of the	79319
Revised Code.	79320

(b) If a timely request for a hearing that includes the	79321
licensee's current address is made, the hearing shall commence not	79322
later than thirty days after the department receives the request.	79323

(c) After commencing, the hearing shall continue	79324
uninterrupted, except for Saturdays, Sundays, and legal holidays,	79325
unless other interruptions are agreed to by the licensee and the	79326
director.	79327

(d) If the hearing is conducted by a hearing examiner, the	79328
hearing examiner shall file a report and recommendations not later	79329
than ten days after the last of the following:	79330

(i) The close of the hearing;

79331

(ii) If a transcript of the proceedings is ordered, the	79332
hearing examiner receives the transcript;	79333

(iii) If post-hearing briefs are timely filed, the hearing	79334
examiner receives the briefs.	79335

(e) A copy of the written report and recommendation of the	79336
hearing examiner shall be sent, by certified mail, to the licensee	79337
and the licensee's attorney, if applicable, not later than five	79338
days after the report is filed.	79339

(f) Not later than five days after the hearing examiner files	79340
the report and recommendations, the licensee may file objections	79341
to the report and recommendations.	79342

(g) Not later than fifteen days after the hearing examiner	79343
files the report and recommendations, the director shall issue an	79344
order approving, modifying, or disapproving the report and	79345
recommendations.	79346

(h) Notwithstanding the pendency of the hearing, the director	79347
shall lift the order for the suspension of admissions when the	79348
director determines that the violation that formed the basis for	79349
the order has been corrected.	79350

(G) Neither a person or government agency whose application	79351
for a license to operate a residential facility is denied nor a	79352
related party of the person or government agency may apply for a	79353
license to operate a residential facility before the date that is	79354
one year after the date of the denial. Neither a licensee whose	79355
residential facility license is revoked nor a related party of the	79356
licensee may apply for a residential facility license before the	79357
date that is five years after the date of the revocation.	79358

(H) In accordance with Chapter 119. of the Revised Code, the	79359
director shall adopt and may amend and rescind rules for licensing	79360
and regulating the operation of residential facilities. The rules	79361
for residential facilities that are ~~intermediate care facilities~~	79362
~~for the mentally retarded~~ICFs/MR may differ from those for other	79363
residential facilities. The rules shall establish and specify the	79364
following:	79365

(1) Procedures and criteria for issuing and renewing	79366
licenses, including procedures and criteria for determining the	79367
length of the licensing period that the director must specify for	79368
each license when it is issued or renewed;	79369

(2) Procedures and criteria for denying, refusing to renew,	79370
terminating, and revoking licenses and for ordering the suspension	79371
of admissions to a facility, placement of a monitor at a facility,	79372
and the immediate removal of residents from a facility;	79373

(3) Fees for issuing and renewing licenses, which shall be	79374
deposited into the program fee fund created under section 5123.033	79375
of the Revised Code;	79376

(4) Procedures for surveying residential facilities;

79377

(5) Requirements for the training of residential facility	79378
personnel;	79379

(6) Classifications for the various types of residential	79380
facilities;	79381

(7) Certification procedures for licensees and management	79382
contractors that the director determines are necessary to ensure	79383
that they have the skills and qualifications to properly operate	79384
or manage residential facilities;	79385

(8) The maximum number of persons who may be served in a	79386
particular type of residential facility;	79387

(9) Uniform procedures for admission of persons to and	79388
transfers and discharges of persons from residential facilities;	79389

(10) Other standards for the operation of residential	79390
facilities and the services provided at residential facilities;	79391

(11) Procedures for waiving any provision of any rule adopted	79392
under this section.	79393

(I) Before issuing a license, the director of the department	79394
or the director's designee shall conduct a survey of the	79395
residential facility for which application is made. The director	79396
or the director's designee shall conduct a survey of each licensed	79397
residential facility at least once during the period the license	79398
is valid and may conduct additional inspections as needed. A	79399
survey includes but is not limited to an on-site examination and	79400
evaluation of the residential facility, its personnel, and the	79401
services provided there.	79402

In conducting surveys, the director or the director's	79403
designee shall be given access to the residential facility; all	79404
records, accounts, and any other documents related to the	79405
operation of the facility; the licensee; the residents of the	79406
facility; and all persons acting on behalf of, under the control	79407
of, or in connection with the licensee. The licensee and all	79408
persons on behalf of, under the control of, or in connection with	79409
the licensee shall cooperate with the director or the director's	79410
designee in conducting the survey.	79411

Following each survey, unless the director initiates a	79412
license revocation proceeding, the director or the director's	79413
designee shall provide the licensee with a report listing any	79414
deficiencies, specifying a timetable within which the licensee	79415
shall submit a plan of correction describing how the deficiencies	79416
will be corrected, and, when appropriate, specifying a timetable	79417
within which the licensee must correct the deficiencies. After a	79418
plan of correction is submitted, the director or the director's	79419
designee shall approve or disapprove the plan. A copy of the	79420
report and any approved plan of correction shall be provided to	79421
any person who requests it.	79422

The director shall initiate disciplinary action against any	79423
department employee who notifies or causes the notification to any	79424
unauthorized person of an unannounced survey of a residential	79425
facility by an authorized representative of the department.	79426

(J) In addition to any other information which may be	79427
required of applicants for a license pursuant to this section, the	79428
director shall require each applicant to provide a copy of an	79429
approved plan for a proposed residential facility pursuant to	79430
section 5123.042 of the Revised Code. This division does not apply	79431
to renewal of a license or to an applicant for an initial or	79432
modified license who meets the requirements of section 5123.197 of	79433
the Revised Code.	79434

(K) A licensee shall notify the owner of the building in	79435
which the licensee's residential facility is located of any	79436
significant change in the identity of the licensee or management	79437
contractor before the effective date of the change if the licensee	79438
is not the owner of the building.	79439

Pursuant to rules which shall be adopted in accordance with	79440
Chapter 119. of the Revised Code, the director may require	79441
notification to the department of any significant change in the	79442
ownership of a residential facility or in the identity of the	79443
licensee or management contractor. If the director determines that	79444
a significant change of ownership is proposed, the director shall	79445
consider the proposed change to be an application for development	79446
by a new operator pursuant to section 5123.042 of the Revised Code	79447
and shall advise the applicant within sixty days of the	79448
notification that the current license shall continue in effect or	79449
a new license will be required pursuant to this section. If the	79450
director requires a new license, the director shall permit the	79451
facility to continue to operate under the current license until	79452
the new license is issued, unless the current license is revoked,	79453
refused to be renewed, or terminated in accordance with Chapter	79454
119. of the Revised Code.	79455

(L) A county board of developmental disabilities and any	79456
interested person may file complaints alleging violations of	79457
statute or department rule relating to residential facilities with	79458
the department. All complaints shall be in writing and shall state	79459
the facts constituting the basis of the allegation. The department	79460
shall not reveal the source of any complaint unless the	79461
complainant agrees in writing to waive the right to	79462
confidentiality or until so ordered by a court of competent	79463
jurisdiction.	79464

The department shall adopt rules in accordance with Chapter	79465
119. of the Revised Code establishing procedures for the receipt,	79466
referral, investigation, and disposition of complaints filed with	79467
the department under this division.	79468

(M) The department shall establish procedures for the	79469
notification of interested parties of the transfer or interim care	79470
of residents from residential facilities that are closing or are	79471
losing their license.	79472

(N) Before issuing a license under this section to a	79473
residential facility that will accommodate at any time more than	79474
one mentally retarded or developmentally disabled individual, the	79475
director shall, by first class mail, notify the following:	79476

(1) If the facility will be located in a municipal	79477
corporation, the clerk of the legislative authority of the	79478
municipal corporation;	79479

(2) If the facility will be located in unincorporated	79480
territory, the clerk of the appropriate board of county	79481
commissioners and the fiscal officer of the appropriate board of	79482
township trustees.	79483

The director shall not issue the license for ten days after	79484
mailing the notice, excluding Saturdays, Sundays, and legal	79485
holidays, in order to give the notified local officials time in	79486
which to comment on the proposed issuance.	79487

Any legislative authority of a municipal corporation, board	79488
of county commissioners, or board of township trustees that	79489
receives notice under this division of the proposed issuance of a	79490
license for a residential facility may comment on it in writing to	79491
the director within ten days after the director mailed the notice,	79492
excluding Saturdays, Sundays, and legal holidays. If the director	79493
receives written comments from any notified officials within the	79494
specified time, the director shall make written findings	79495
concerning the comments and the director's decision on the	79496
issuance of the license. If the director does not receive written	79497
comments from any notified local officials within the specified	79498
time, the director shall continue the process for issuance of the	79499
license.	79500

(O) Any person may operate a licensed residential facility	79501
that provides room and board, personal care, habilitation	79502
services, and supervision in a family setting for at least six but	79503
not more than eight persons with mental retardation or a	79504
developmental disability as a permitted use in any residential	79505
district or zone, including any single-family residential district	79506
or zone, of any political subdivision. These residential	79507
facilities may be required to comply with area, height, yard, and	79508
architectural compatibility requirements that are uniformly	79509
imposed upon all single-family residences within the district or	79510
zone.	79511

(P) Any person may operate a licensed residential facility	79512
that provides room and board, personal care, habilitation	79513
services, and supervision in a family setting for at least nine	79514
but not more than sixteen persons with mental retardation or a	79515
developmental disability as a permitted use in any multiple-family	79516
residential district or zone of any political subdivision, except	79517
that a political subdivision that has enacted a zoning ordinance	79518
or resolution establishing planned unit development districts may	79519
exclude these residential facilities from those districts, and a	79520
political subdivision that has enacted a zoning ordinance or	79521
resolution may regulate these residential facilities in	79522
multiple-family residential districts or zones as a conditionally	79523
permitted use or special exception, in either case, under	79524
reasonable and specific standards and conditions set out in the	79525
zoning ordinance or resolution to:	79526

(1) Require the architectural design and site layout of the	79527
residential facility and the location, nature, and height of any	79528
walls, screens, and fences to be compatible with adjoining land	79529
uses and the residential character of the neighborhood;	79530

(2) Require compliance with yard, parking, and sign	79531
regulation;	79532

(3) Limit excessive concentration of these residential	79533
facilities.	79534

(Q) This section does not prohibit a political subdivision	79535
from applying to residential facilities nondiscriminatory	79536
regulations requiring compliance with health, fire, and safety	79537
regulations and building standards and regulations.	79538

(R) Divisions (O) and (P) of this section are not applicable	79539
to municipal corporations that had in effect on June 15, 1977, an	79540
ordinance specifically permitting in residential zones licensed	79541
residential facilities by means of permitted uses, conditional	79542
uses, or special exception, so long as such ordinance remains in	79543
effect without any substantive modification.	79544

(S)(1) The director may issue an interim license to operate a	79545
residential facility to an applicant for a license under this	79546
section if either of the following is the case:	79547

(a) The director determines that an emergency exists	79548
requiring immediate placement of persons in a residential	79549
facility, that insufficient licensed beds are available, and that	79550
the residential facility is likely to receive a permanent license	79551
under this section within thirty days after issuance of the	79552
interim license.	79553

(b) The director determines that the issuance of an interim	79554
license is necessary to meet a temporary need for a residential	79555
facility.	79556

(2) To be eligible to receive an interim license, an	79557
applicant must meet the same criteria that must be met to receive	79558
a permanent license under this section, except for any differing	79559
procedures and time frames that may apply to issuance of a	79560
permanent license.	79561

(3) An interim license shall be valid for thirty days and may	79562
be renewed by the director for a period not to exceed one hundred	79563
fifty days.	79564

(4) The director shall adopt rules in accordance with Chapter	79565
119. of the Revised Code as the director considers necessary to	79566
administer the issuance of interim licenses.	79567

(T) Notwithstanding rules adopted pursuant to this section	79568
establishing the maximum number of persons who may be served in a	79569
particular type of residential facility, a residential facility	79570
shall be permitted to serve the same number of persons being	79571
served by the facility on the effective date of the rules or the	79572
number of persons for which the facility is authorized pursuant to	79573
a current application for a certificate of need with a letter of	79574
support from the department of developmental disabilities and	79575
which is in the review process prior to April 4, 1986.	79576

(U) The director or the director's designee may enter at any	79577
time, for purposes of investigation, any home, facility, or other	79578
structure that has been reported to the director or that the	79579
director has reasonable cause to believe is being operated as a	79580
residential facility without a license issued under this section.	79581

The director may petition the court of common pleas of the	79582
county in which an unlicensed residential facility is located for	79583
an order enjoining the person or governmental agency operating the	79584
facility from continuing to operate without a license. The court	79585
may grant the injunction on a showing that the person or	79586
governmental agency named in the petition is operating a	79587
residential facility without a license. The court may grant the	79588
injunction, regardless of whether the residential facility meets	79589
the requirements for receiving a license under this section.	79590

Sec. 5123.192. (A) A person or government agency operating,	79591
on ~~the effective date of this section~~September 10, 2012, an	79592
~~intermediate care facility for the mentally retarded~~ICF/MR	79593
pursuant to a nursing home license issued under Chapter 3721. of	79594
the Revised Code shall do both of the following as a condition of	79595
continuing to operate the ~~facility~~ICF/MR on and after July 1,	79596
2013:	79597

(1) Not later than February 1, 2013, apply to the director of	79598
developmental disabilities for a residential facility license	79599
under section 5123.19 of the Revised Code for the ~~facility~~	79600
ICF/MR;	79601

(2) Not later than July 1, 2013, obtain the residential	79602
facility license for the ~~facility~~ICF/MR.	79603

(B) The nursing home license of an ~~intermediate care facility~~	79604
~~for the mentally retarded~~ICF/MR shall cease to be valid at the	79605
earliest of the following:	79606

(1) The date that the ~~facility's~~ICF/MR's nursing home	79607
license is revoked or voided under section 3721.07 of the Revised	79608
Code;	79609

(2) The date that a residential facility license is obtained	79610
for the ~~facility~~ICF/MR under section 5123.19 of the Revised Code;	79611

(3) July 1, 2013.

79612

(C) Except for existing nursing home beds not certified as	79613
~~intermediate care facility for the mentally retarded~~ICF/MR beds	79614
and relocated in accordance with a move authorized by a	79615
certificate of need under Chapter 3702. of the Revised Code, no	79616
bed that is part of an ~~intermediate care facility for the mentally~~	79617
~~retarded~~ICF/MR that is licensed as a nursing home on ~~the~~	79618
~~effective date of this section~~September 10, 2012, may be used as	79619
part of a nursing home on and after the earlier of the following:	79620

(1) The date that a residential facility license is obtained	79621
for the ~~facility~~ICF/MR under section 5123.19 of the Revised Code;	79622

(2) July 1, 2013.

79623

Sec. 5123.197. Neither an applicant for an initial	79624
residential facility license under section 5123.19 of the Revised	79625
Code nor an applicant for a modification of an existing	79626
residential facility license under that section is required to	79627
obtain approval of a plan for the proposed new residential	79628
facility or modification to the existing residential facility	79629
pursuant to section 5123.042 of the Revised Code if all of the	79630
following apply:	79631

(A) The new residential facility or modification to the	79632
existing residential facility is to serve individuals who have	79633
diagnoses or special care needs for which a medicaid ~~reimbursement~~	79634
payment rate is set pursuant to section ~~5111.258~~5124.153 of the	79635
Revised Code;	79636

(B) The ~~directors of job and family services~~medicaid	79637
director and director of developmental disabilities determine that	79638
there is a need under the medicaid program for the proposed new	79639
residential facility or modification to the existing residential	79640
facility and that approving the application for the initial	79641
residential facility license or modification to the existing	79642
residential facility license is fiscally prudent for the medicaid	79643
program;	79644

(C) The director of budget and management notifies the	79645
~~directors of job and family services~~medicaid director and	79646
director of developmental disabilities that the director of budget	79647
and management agrees with the directors' determination under	79648
division (B) of this section.	79649

Sec. 5123.198. (A) As used in this section, "date of the	79650
commitment" means the date that an individual specified in	79651
division (B) of this section begins to reside in a state-operated	79652
~~intermediate care facility for the mentally retarded~~ICF/MR after	79653
being committed to the ~~facility~~ICF/MR pursuant to sections	79654
5123.71 to 5123.76 of the Revised Code.	79655

(B) Except as provided in division (C) of this section,	79656
whenever a resident of a residential facility is committed to a	79657
state-operated ~~intermediate care facility for the mentally~~	79658
~~retarded~~ICF/MR pursuant to sections 5123.71 to 5123.76 of the	79659
Revised Code, the department of developmental disabilities,	79660
pursuant to an adjudication order issued in accordance with	79661
Chapter 119. of the Revised Code, shall reduce by one the number	79662
of residents for which the residential facility in which the	79663
resident resided is licensed.	79664

(C) The department shall not reduce under division (B) of	79665
this section the number of residents for which a residential	79666
facility is licensed if any of the following are the case:	79667

(1) The resident of the residential facility who is committed	79668
to a state-operated ~~intermediate care facility for the mentally~~	79669
~~retarded~~ICF/MR resided in the residential facility because of the	79670
closure, on or after June 26, 2003, of another state-operated	79671
~~intermediate care facility for the mentally retarded~~ICF/MR;	79672

(2) The residential facility admits within ninety days of the	79673
date of the commitment an individual who resides on the date of	79674
the commitment in a state-operated ~~intermediate care facility for~~	79675
~~the mentally retarded~~ICF/MR or another residential facility;	79676

(3) The department fails to do either of the following within	79677
ninety days of the date of the commitment:	79678

(a) Identify an individual to whom all of the following	79679
applies:	79680

(i) Resides on the date of the commitment in a state-operated	79681
~~intermediate care facility for the mentally retarded~~ICF/MR or	79682
another residential facility;	79683

(ii) Has indicated to the department an interest in	79684
relocating to the residential facility or has a parent or guardian	79685
who has indicated to the department an interest for the individual	79686
to relocate to the residential facility;	79687

(iii) The department determines the individual has needs that	79688
the residential facility can meet.	79689

(b) Provide the residential facility with information about	79690
the individual identified under division (C)(2)(a) of this section	79691
that the residential facility needs in order to determine whether	79692
the facility can meet the individual's needs.	79693

(4) If the department completes the actions specified in	79694
divisions (C)(3)(a) and (b) of this section not later than ninety	79695
days after the date of the commitment and except as provided in	79696
division (D) of this section, the residential facility does all of	79697
the following not later than ninety days after the date of the	79698
commitment:	79699

(a) Evaluates the information provided by the department;

79700

(b) Assesses the identified individual's needs;

79701

(c) Determines that the residential facility cannot meet the	79702
identified individual's needs.	79703

(5) If the department completes the actions specified in	79704
divisions (C)(3)(a) and (b) of this section not later than ninety	79705
days after the date of the commitment and the residential facility	79706
determines that the residential facility can meet the identified	79707
individual's needs, the individual, or a parent or guardian of the	79708
individual, refuses placement in the residential facility.	79709

(D) The department may reduce under division (B) of this	79710
section the number of residents for which a residential facility	79711
is licensed even though the residential facility completes the	79712
actions specified in division (C)(4) of this section not later	79713
than ninety days after the date of the commitment if all of the	79714
following are the case:	79715

(1) The department disagrees with the residential facility's	79716
determination that the residential facility cannot meet the	79717
identified individual's needs.	79718

(2) The department issues a written decision pursuant to the	79719
uniform procedures for admissions, transfers, and discharges	79720
established by rules adopted under division (H)(9) of section	79721
5123.19 of the Revised Code that the residential facility should	79722
admit the identified individual.	79723

(3) After the department issues the written decision	79724
specified in division (D)(2) of this section, the residential	79725
facility refuses to admit the identified individual.	79726

(E) A residential facility that admits, refuses to admit,	79727
transfers, or discharges a resident under this section shall	79728
comply with the uniform procedures for admissions, transfers, and	79729
discharges established by rules adopted under division (H)(9) of	79730
section 5123.19 of the Revised Code.	79731

~~(F) The department of developmental disabilities may notify~~	79732
~~the department of job and family services of any reduction under~~	79733
~~this section in the number of residents for which a residential~~	79734
~~facility that is an intermediate care facility for the mentally~~	79735
~~retarded is licensed. On receiving the notice, the department of~~	79736
~~job and family services may transfer to the department of~~	79737
~~developmental disabilities the savings in the nonfederal share of~~	79738
~~medicaid expenditures for each fiscal year after the year of the~~	79739
~~commitment to be used for costs of the resident's care in the~~	79740
~~state-operated intermediate care facility for the mentally~~	79741
~~retarded. In determining the amount saved, the department of job~~	79742
~~and family services shall consider medicaid payments for the~~	79743
~~remaining residents of the facility in which the resident resided.~~	79744

Sec. 5123.38. (A) Except as provided in division (B) of this	79745
section, if an individual receiving supported living or home and	79746
community-based services funded by a county board of developmental	79747
disabilities is committed to a state-operated ~~intermediate care~~	79748
~~facility for the mentally retarded~~ICF/MR pursuant to sections	79749
5123.71 to 5123.76 of the Revised Code, the county board is	79750
responsible for the nonfederal share of medicaid expenditures for	79751
the individual's care in the state-operated ~~facility~~ICF/MR. The	79752
department of developmental disabilities shall collect the amount	79753
of the nonfederal share from the county board by either	79754
withholding that amount from funds the department has otherwise	79755
allocated to the county board or submitting an invoice for payment	79756
of that amount to the county board.	79757

(B) Division (A) of this section does not apply under any of	79758
the following circumstances:	79759

(1) The county board, not later than ninety days after the	79760
date of the commitment of a person receiving supported living,	79761
commences funding of supported living for an individual who	79762
resides in a state-operated ~~intermediate care facility for the~~	79763
~~mentally retarded~~ICF/MR on the date of the commitment or another	79764
eligible individual designated by the department.	79765

(2) The county board, not later than ninety days after the	79766
date of the commitment of a person receiving home and	79767
community-based services, commences funding of home and	79768
community-based services for an individual who resides in a	79769
state-operated ~~intermediate care facility for the mentally~~	79770
~~retarded~~ICF/MR on the date of the commitment or another eligible	79771
individual designated by the department.	79772

(3) The director of developmental disabilities, after	79773
determining that circumstances warrant granting a waiver in an	79774
individual's case, grants the county board a waiver that exempts	79775
the county board from responsibility for the nonfederal share for	79776
that case.	79777

Sec. 5123.61. (A) As used in this section:

79778

(1) "Law enforcement agency" means the state highway patrol,	79779
the police department of a municipal corporation, or a county	79780
sheriff.	79781

(2) "Abuse" has the same meaning as in section 5123.50 of the	79782
Revised Code, except that it includes a misappropriation, as	79783
defined in that section.	79784

(3) "Neglect" has the same meaning as in section 5123.50 of	79785
the Revised Code.	79786

(B) The department of developmental disabilities shall	79787
establish a registry office for the purpose of maintaining reports	79788
of abuse, neglect, and other major unusual incidents made to the	79789
department under this section and reports received from county	79790
boards of developmental disabilities under section 5126.31 of the	79791
Revised Code. The department shall establish committees to review	79792
reports of abuse, neglect, and other major unusual incidents.	79793

(C)(1) Any person listed in division (C)(2) of this section,	79794
having reason to believe that a person with mental retardation or	79795
a developmental disability has suffered or faces a substantial	79796
risk of suffering any wound, injury, disability, or condition of	79797
such a nature as to reasonably indicate abuse or neglect of that	79798
person, shall immediately report or cause reports to be made of	79799
such information to the entity specified in this division. Except	79800
as provided in section 5120.173 of the Revised Code or as	79801
otherwise provided in this division, the person making the report	79802
shall make it to a law enforcement agency or to the county board	79803
of developmental disabilities. If the report concerns a resident	79804
of a facility operated by the department of developmental	79805
disabilities the report shall be made either to a law enforcement	79806
agency or to the department. If the report concerns any act or	79807
omission of an employee of a county board of developmental	79808
disabilities, the report immediately shall be made to the	79809
department and to the county board.	79810

(2) All of the following persons are required to make a	79811
report under division (C)(1) of this section:	79812

(a) Any physician, including a hospital intern or resident,	79813
any dentist, podiatrist, chiropractor, practitioner of a limited	79814
branch of medicine as specified in section 4731.15 of the Revised	79815
Code, hospital administrator or employee of a hospital, nurse	79816
licensed under Chapter 4723. of the Revised Code, employee of an	79817
ambulatory health facility as defined in section 5101.61 of the	79818
Revised Code, employee of a home health agency, employee of a	79819
residential facility licensed under section ~~5119.22~~5119.34 of the	79820
Revised Code that provides accommodations, supervision, and person	79821
care services for three to sixteen unrelated adults, or employee	79822
of a community mental health facility;	79823

(b) Any school teacher or school authority, social worker,	79824
psychologist, attorney, peace officer, coroner, or residents'	79825
rights advocate as defined in section 3721.10 of the Revised Code;	79826

(c) A superintendent, board member, or employee of a county	79827
board of developmental disabilities; an administrator, board	79828
member, or employee of a residential facility licensed under	79829
section 5123.19 of the Revised Code; an administrator, board	79830
member, or employee of any other public or private provider of	79831
services to a person with mental retardation or a developmental	79832
disability, or any MR/DD employee, as defined in section 5123.50	79833
of the Revised Code;	79834

(d) A member of a citizen's advisory council established at	79835
an institution or branch institution of the department of	79836
developmental disabilities under section 5123.092 of the Revised	79837
Code;	79838

(e) A member of the clergy who is employed in a position that	79839
includes providing specialized services to an individual with	79840
mental retardation or another developmental disability, while	79841
acting in an official or professional capacity in that position,	79842
or a person who is employed in a position that includes providing	79843
specialized services to an individual with mental retardation or	79844
another developmental disability and who, while acting in an	79845
official or professional capacity, renders spiritual treatment	79846
through prayer in accordance with the tenets of an organized	79847
religion.	79848

(3)(a) The reporting requirements of this division do not	79849
apply to employees of the Ohio protection and advocacy system.	79850

(b) An attorney or physician is not required to make a report	79851
pursuant to division (C)(1) of this section concerning any	79852
communication the attorney or physician receives from a client or	79853
patient in an attorney-client or physician-patient relationship,	79854
if, in accordance with division (A) or (B) of section 2317.02 of	79855
the Revised Code, the attorney or physician could not testify with	79856
respect to that communication in a civil or criminal proceeding,	79857
except that the client or patient is deemed to have waived any	79858
testimonial privilege under division (A) or (B) of section 2317.02	79859
of the Revised Code with respect to that communication and the	79860
attorney or physician shall make a report pursuant to division	79861
(C)(1) of this section, if both of the following apply:	79862

(i) The client or patient, at the time of the communication,	79863
is a person with mental retardation or a developmental disability.	79864

(ii) The attorney or physician knows or suspects, as a result	79865
of the communication or any observations made during that	79866
communication, that the client or patient has suffered or faces a	79867
substantial risk of suffering any wound, injury, disability, or	79868
condition of a nature that reasonably indicates abuse or neglect	79869
of the client or patient.	79870

(4) Any person who fails to make a report required under	79871
division (C) of this section and who is an MR/DD employee, as	79872
defined in section 5123.50 of the Revised Code, shall be eligible	79873
to be included in the registry regarding misappropriation, abuse,	79874
neglect, or other specified misconduct by MR/DD employees	79875
established under section 5123.52 of the Revised Code.	79876

(D) The reports required under division (C) of this section	79877
shall be made forthwith by telephone or in person and shall be	79878
followed by a written report. The reports shall contain the	79879
following:	79880

(1) The names and addresses of the person with mental	79881
retardation or a developmental disability and the person's	79882
custodian, if known;	79883

(2) The age of the person with mental retardation or a	79884
developmental disability;	79885

(3) Any other information that would assist in the	79886
investigation of the report.	79887

(E) When a physician performing services as a member of the	79888
staff of a hospital or similar institution has reason to believe	79889
that a person with mental retardation or a developmental	79890
disability has suffered injury, abuse, or physical neglect, the	79891
physician shall notify the person in charge of the institution or	79892
that person's designated delegate, who shall make the necessary	79893
reports.	79894

(F) Any person having reasonable cause to believe that a	79895
person with mental retardation or a developmental disability has	79896
suffered or faces a substantial risk of suffering abuse or neglect	79897
may report or cause a report to be made of that belief to the	79898
entity specified in this division. Except as provided in section	79899
5120.173 of the Revised Code or as otherwise provided in this	79900
division, the person making the report shall make it to a law	79901
enforcement agency or the county board of developmental	79902
disabilities. If the person is a resident of a facility operated	79903
by the department of developmental disabilities, the report shall	79904
be made to a law enforcement agency or to the department. If the	79905
report concerns any act or omission of an employee of a county	79906
board of developmental disabilities, the report immediately shall	79907
be made to the department and to the county board.	79908

(G)(1) Upon the receipt of a report concerning the possible	79909
abuse or neglect of a person with mental retardation or a	79910
developmental disability, the law enforcement agency shall inform	79911
the county board of developmental disabilities or, if the person	79912
is a resident of a facility operated by the department of	79913
developmental disabilities, the director of the department or the	79914
director's designee.	79915

(2) On receipt of a report under this section that includes	79916
an allegation of action or inaction that may constitute a crime	79917
under federal law or the law of this state, the department of	79918
developmental disabilities shall notify the law enforcement	79919
agency.	79920

(3) When a county board of developmental disabilities	79921
receives a report under this section that includes an allegation	79922
of action or inaction that may constitute a crime under federal	79923
law or the law of this state, the superintendent of the board or	79924
an individual the superintendent designates under division (H) of	79925
this section shall notify the law enforcement agency. The	79926
superintendent or individual shall notify the department of	79927
developmental disabilities when it receives any report under this	79928
section.	79929

(4) When a county board of developmental disabilities	79930
receives a report under this section and believes that the degree	79931
of risk to the person is such that the report is an emergency, the	79932
superintendent of the board or an employee of the board the	79933
superintendent designates shall attempt a face-to-face contact	79934
with the person with mental retardation or a developmental	79935
disability who allegedly is the victim within one hour of the	79936
board's receipt of the report.	79937

(H) The superintendent of the board may designate an	79938
individual to be responsible for notifying the law enforcement	79939
agency and the department when the county board receives a report	79940
under this section.	79941

(I) An adult with mental retardation or a developmental	79942
disability about whom a report is made may be removed from the	79943
adult's place of residence only by law enforcement officers who	79944
consider that the adult's immediate removal is essential to	79945
protect the adult from further injury or abuse or in accordance	79946
with the order of a court made pursuant to section 5126.33 of the	79947
Revised Code.	79948

(J) A law enforcement agency shall investigate each report of	79949
abuse or neglect it receives under this section. In addition, the	79950
department, in cooperation with law enforcement officials, shall	79951
investigate each report regarding a resident of a facility	79952
operated by the department to determine the circumstances	79953
surrounding the injury, the cause of the injury, and the person	79954
responsible. The investigation shall be in accordance with the	79955
memorandum of understanding prepared under section 5126.058 of the	79956
Revised Code. The department shall determine, with the registry	79957
office which shall be maintained by the department, whether prior	79958
reports have been made concerning an adult with mental retardation	79959
or a developmental disability or other principals in the case. If	79960
the department finds that the report involves action or inaction	79961
that may constitute a crime under federal law or the law of this	79962
state, it shall submit a report of its investigation, in writing,	79963
to the law enforcement agency. If the person with mental	79964
retardation or a developmental disability is an adult, with the	79965
consent of the adult, the department shall provide such protective	79966
services as are necessary to protect the adult. The law	79967
enforcement agency shall make a written report of its findings to	79968
the department.	79969

If the person is an adult and is not a resident of a facility	79970
operated by the department, the county board of developmental	79971
disabilities shall review the report of abuse or neglect in	79972
accordance with sections 5126.30 to 5126.33 of the Revised Code	79973
and the law enforcement agency shall make the written report of	79974
its findings to the county board.	79975

(K) Any person or any hospital, institution, school, health	79976
department, or agency participating in the making of reports	79977
pursuant to this section, any person participating as a witness in	79978
an administrative or judicial proceeding resulting from the	79979
reports, or any person or governmental entity that discharges	79980
responsibilities under sections 5126.31 to 5126.33 of the Revised	79981
Code shall be immune from any civil or criminal liability that	79982
might otherwise be incurred or imposed as a result of such actions	79983
except liability for perjury, unless the person or governmental	79984
entity has acted in bad faith or with malicious purpose.	79985

(L) No employer or any person with the authority to do so	79986
shall discharge, demote, transfer, prepare a negative work	79987
performance evaluation, reduce pay or benefits, terminate work	79988
privileges, or take any other action detrimental to an employee or	79989
retaliate against an employee as a result of the employee's having	79990
made a report under this section. This division does not preclude	79991
an employer or person with authority from taking action with	79992
regard to an employee who has made a report under this section if	79993
there is another reasonable basis for the action.	79994

(M) Reports made under this section are not public records as	79995
defined in section 149.43 of the Revised Code. Information	79996
contained in the reports on request shall be made available to the	79997
person who is the subject of the report, to the person's legal	79998
counsel, and to agencies authorized to receive information in the	79999
report by the department or by a county board of developmental	80000
disabilities.	80001

(N) Notwithstanding section 4731.22 of the Revised Code, the	80002
physician-patient privilege shall not be a ground for excluding	80003
evidence regarding the injuries or physical neglect of a person	80004
with mental retardation or a developmental disability or the cause	80005
thereof in any judicial proceeding resulting from a report	80006
submitted pursuant to this section.	80007

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	80008
(E), and (F) of this section, the chief medical officer shall	80009
provide all information, including expected physical and medical	80010
consequences, necessary to enable any resident of an institution	80011
for the mentally retarded to give a fully informed, intelligent,	80012
and knowing consent if any of the following procedures are	80013
proposed:	80014

(1) Surgery;

80015

(2) Convulsive therapy;

80016

(3) Major aversive interventions;

80017

(4) Sterilization;

80018

(5) Experimental procedures;

80019

(6) Any unusual or hazardous treatment procedures.

80020

(B) No resident shall be subjected to any of the procedures	80021
listed in division (A)(4), (5), or (6) of this section without the	80022
resident's informed consent.	80023

(C) If a resident is physically or mentally unable to receive	80024
the information required for surgery under division (A)(1) of this	80025
section, or has been adjudicated incompetent, the information may	80026
be provided to the resident's natural or court-appointed guardian,	80027
including an agency providing guardianship services under contract	80028
with the department of developmental disabilities under sections	80029
5123.55 to 5123.59 of the Revised Code, who may give the informed,	80030
intelligent, and knowing written consent for surgery. Consent for	80031
surgery shall not be provided by a guardian who is an officer or	80032
employee of the department of ~~mental health~~mental health and	80033
addiction services or the department of developmental	80034
disabilities.	80035

If a resident is physically or mentally unable to receive the	80036
information required for surgery under division (A)(1) of this	80037
section and has no guardian, then the information, the	80038
recommendation of the chief medical officer, and the concurring	80039
judgment of a licensed physician who is not a full-time employee	80040
of the state may be provided to the court in the county in which	80041
the institution is located, which may approve the surgery. Before	80042
approving the surgery, the court shall notify the Ohio protection	80043
and advocacy system created by section 5123.60 of the Revised	80044
Code, and shall notify the resident of the resident's rights to	80045
consult with counsel, to have counsel appointed by the court if	80046
the resident is indigent, and to contest the recommendation of the	80047
chief medical officer.	80048

(D) If, in the judgment of two licensed physicians, delay in	80049
obtaining consent for surgery would create a grave danger to the	80050
health of a resident, emergency surgery may be performed without	80051
the consent of the resident if the necessary information is	80052
provided to the resident's guardian, including an agency providing	80053
guardianship services under contract with the department of	80054
developmental disabilities under sections 5123.55 to 5123.59 of	80055
the Revised Code, or to the resident's spouse or next of kin to	80056
enable that person or agency to give an informed, intelligent, and	80057
knowing written consent.	80058

If the guardian, spouse, or next of kin cannot be contacted	80059
through exercise of reasonable diligence, or if the guardian,	80060
spouse, or next of kin is contacted, but refuses to consent, then	80061
the emergency surgery may be performed upon the written	80062
authorization of the chief medical officer and after court	80063
approval has been obtained. However, if delay in obtaining court	80064
approval would create a grave danger to the life of the resident,	80065
the chief medical officer may authorize surgery, in writing,	80066
without court approval. If the surgery is authorized without court	80067
approval, the chief medical officer who made the authorization and	80068
the physician who performed the surgery shall each execute an	80069
affidavit describing the circumstances constituting the emergency	80070
and warranting the surgery and the circumstances warranting their	80071
not obtaining prior court approval. The affidavit shall be filed	80072
with the court with which the request for prior approval would	80073
have been filed within five court days after the surgery, and a	80074
copy of the affidavit shall be placed in the resident's file and	80075
shall be given to the guardian, spouse, or next of kin of the	80076
resident, to the hospital at which the surgery was performed, and	80077
to the Ohio protection and advocacy system created by section	80078
5123.60 of the Revised Code.	80079

(E)(1) If it is the judgment of two licensed physicians, as	80080
described in division (E)(2) of this section, that a medical	80081
emergency exists and delay in obtaining convulsive therapy creates	80082
a grave danger to the life of a resident who is both mentally	80083
retarded and mentally ill, convulsive therapy may be administered	80084
without the consent of the resident if the resident is physically	80085
or mentally unable to receive the information required for	80086
convulsive therapy and if the necessary information is provided to	80087
the resident's natural or court-appointed guardian, including an	80088
agency providing guardianship services under contract with the	80089
department of developmental disabilities under sections 5123.55 to	80090
5123.59 of the Revised Code, or to the resident's spouse or next	80091
of kin to enable that person or agency to give an informed,	80092
intelligent, and knowing written consent. If neither the	80093
resident's guardian, spouse, nor next of kin can be contacted	80094
through exercise of reasonable diligence, or if the guardian,	80095
spouse, or next of kin is contacted, but refuses to consent, then	80096
convulsive therapy may be performed upon the written authorization	80097
of the chief medical officer and after court approval has been	80098
obtained.	80099

(2) The two licensed physicians referred to in division	80100
(E)(1) of this section shall not be associated with each other in	80101
the practice of medicine or surgery by means of a partnership or	80102
corporate arrangement, other business arrangement, or employment.	80103
At least one of the physicians shall be a psychiatrist as defined	80104
in division (E) of section 5122.01 of the Revised Code.	80105

(F) Major aversive interventions shall not be used unless a	80106
resident continues to engage in behavior destructive to self or	80107
others after other forms of therapy have been attempted. Major	80108
aversive interventions shall not be applied to a voluntary	80109
resident without the informed, intelligent, and knowing written	80110
consent of the resident or the resident's guardian, including an	80111
agency providing guardianship services under contract with the	80112
department of developmental disabilities under sections 5123.55 to	80113
5123.59 of the Revised Code.	80114

(G)(1) This chapter does not authorize any form of compulsory	80115
medical or psychiatric treatment of any resident who is being	80116
treated by spiritual means through prayer alone in accordance with	80117
a recognized religious method of healing.	80118

(2) For purposes of this section, "convulsive therapy" does	80119
not include defibrillation.	80120

Sec. 5124.01. As used in this chapter:

80121

(A) "Affiliated operator" means an operator affiliated with	80122
either of the following:	80123

(1) The exiting operator for whom the affiliated operator is	80124
to assume liability for the entire amount of the exiting	80125
operator's debt under the medicaid program or the portion of the	80126
debt that represents the franchise permit fee the exiting operator	80127
owes;	80128

(2) The entering operator involved in the change of operator	80129
with the exiting operator specified in division (A)(1) of this	80130
section.	80131

(B) "Allowable costs" means an ICF/MR's costs that the	80132
department of developmental disabilities determines are	80133
reasonable. Fines paid under section 5124.99 of the Revised Code	80134
are not allowable costs.	80135

(C) "Capital costs" means an ICF/MR's costs of ownership and	80136
costs of nonextensive renovation.	80137

(D) "Case-mix score" means the measure determined under	80138
section 5124.192 of the Revised Code of the relative direct-care	80139
resources needed to provide care and habilitation to an ICF/MR	80140
resident.	80141

(E) "Change of operator" means an entering operator becoming	80142
the operator of an ICF/MR in the place of the exiting operator.	80143

(1) Actions that constitute a change of operator include the	80144
following:	80145

(a) A change in an exiting operator's form of legal	80146
organization, including the formation of a partnership or	80147
corporation from a sole proprietorship;	80148

(b) A transfer of all the exiting operator's ownership	80149
interest in the operation of the ICF/MR to the entering operator,	80150
regardless of whether ownership of any or all of the real property	80151
or personal property associated with the ICF/MR is also	80152
transferred;	80153

(c) A lease of the ICF/MR to the entering operator or the	80154
exiting operator's termination of the exiting operator's lease;	80155

(d) If the exiting operator is a partnership, dissolution of	80156
the partnership;	80157

(e) If the exiting operator is a partnership, a change in	80158
composition of the partnership unless both of the following apply:	80159

(i) The change in composition does not cause the	80160
partnership's dissolution under state law.	80161

(ii) The partners agree that the change in composition does	80162
not constitute a change in operator.	80163

(f) If the operator is a corporation, dissolution of the	80164
corporation, a merger of the corporation into another corporation	80165
that is the survivor of the merger, or a consolidation of one or	80166
more other corporations to form a new corporation.	80167

(2) The following, alone, do not constitute a change of	80168
operator:	80169

(a) A contract for an entity to manage an ICF/MR as the	80170
operator's agent, subject to the operator's approval of daily	80171
operating and management decisions;	80172

(b) A change of ownership, lease, or termination of a lease	80173
of real property or personal property associated with an ICF/MR if	80174
an entering operator does not become the operator in place of an	80175
exiting operator;	80176

(c) If the operator is a corporation, a change of one or more	80177
members of the corporation's governing body or transfer of	80178
ownership of one or more shares of the corporation's stock, if the	80179
same corporation continues to be the operator.	80180

(F) "Cost center" means the following:

80181

(1) Capital costs;

80182

(2) Direct care costs;

80183

(3) Indirect care costs;

80184

(4) Other protected costs.

80185

(G) "Costs of nonextensive renovations" means the actual	80186
expense incurred by an ICF/MR for depreciation or amortization and	80187
interest on renovations that are not extensive renovations.	80188

(H)(1) "Costs of ownership" means the actual expenses	80189
incurred by an ICF/MR for all of the following:	80190

(a) Subject to division (H)(2) of this section, depreciation	80191
and interest on any capital assets that cost five hundred dollars	80192
or more per item, including the following:	80193

(i) Buildings;

80194

(ii) Building improvements that are not approved as	80195
nonextensive renovations under section 5124.17 of the Revised	80196
Code;	80197

(iii) Equipment;

80198

(iv) Extensive renovations;

80199

(v) Transportation equipment.

80200

(b) Amortization and interest on land improvements and	80201
leasehold improvements;	80202

80203

(d) Except as provided in division (Z) of this section, lease	80204
and rent of land, building, and equipment.	80205

(2) The costs of capital assets of less than five hundred	80206
dollars per item may be considered costs of ownership in	80207
accordance with an ICF/MR provider's practice.	80208

(I)(1) "Date of licensure" means the following:

80209

(a) In the case of an ICF/MR that was originally licensed as	80210
a nursing home under Chapter 3721. of the Revised Code, the date	80211
that it was originally so licensed, regardless that it was	80212
subsequently licensed as a residential facility under section	80213
5123.19 of the Revised Code;	80214

(b) In the case of an ICF/MR that was originally licensed as	80215
a residential facility under section 5123.19 of the Revised Code,	80216
the date it was originally so licensed;	80217

(c) In the case of an ICF/MR that was not required by law to	80218
be licensed as a nursing home or residential facility when it was	80219
originally operated as a residential facility, the date it first	80220
was operated as a residential facility, regardless of the date the	80221
ICF/MR was first licensed as a nursing home or residential	80222
facility.	80223

(2) If, after an ICF/MR's original date of licensure, more	80224
residential facility beds are added to the ICF/MR or all or part	80225
of the ICF/MR undergoes an extensive renovation, the ICF/MR has a	80226
different date of licensure for the additional beds or extensively	80227
renovated portion of the ICF/MR. This does not apply, however, to	80228
additional beds when both of the following apply:	80229

(a) The additional beds are located in a part of the ICF/MR	80230
that was constructed at the same time as the continuing beds	80231
already located in that part of the ICF/MR;	80232

(b) The part of the ICF/MR in which the additional beds are	80233
located was constructed as part of the ICF/MR at a time when the	80234
ICF/MR was not required by law to be licensed as a nursing home or	80235
residential facility.	80236

(3) The definition of "date of licensure" in this section	80237
applies in determinations of ICFs/MR's medicaid payment rates but	80238
does not apply in determinations of ICFs/MR's franchise permit	80239
fees under sections 5168.60 to 5168.71 of the Revised Code.	80240

(J) "Desk-reviewed" means that an ICF/MR's costs as reported	80241
on a cost report filed under section 5124.10 or 5124.101 of the	80242
Revised Code have been subjected to a desk review under section	80243
5124.108 of the Revised Code and preliminarily determined to be	80244
allowable costs.	80245

(K) "Developmental center" means a residential facility that	80246
is maintained and operated by the department of developmental	80247
disabilities.	80248

(L) "Direct care costs" means all of the following costs	80249
incurred by an ICF/MR:	80250

(1) Costs for registered nurses, licensed practical nurses,	80251
and nurse aides employed by the ICF/MR;	80252

(2) Costs for direct care staff, administrative nursing	80253
staff, medical directors, respiratory therapists, physical	80254
therapists, physical therapy assistants, occupational therapists,	80255
occupational therapy assistants, speech therapists, audiologists,	80256
habilitation staff (including habilitation supervisors), qualified	80257
intellectual disability professionals, program directors, social	80258
services staff, activities staff, off-site day programming,	80259
psychologists, psychology assistants, social workers, counselors,	80260
and other persons holding degrees qualifying them to provide	80261
therapy;	80262

(3) Costs of purchased nursing services;

80263

(4) Costs of training and staff development, employee	80264
benefits, payroll taxes, and workers' compensation premiums or	80265
costs for self-insurance claims and related costs as specified in	80266
rules adopted under section 5124.03 of the Revised Code, for	80267
personnel listed in divisions (L)(1), (2), and (3) of this	80268
section;	80269

(5) Costs of quality assurance;

80270

(6) Costs of consulting and management fees related to direct	80271
care;	80272

(7) Allocated direct care home office costs;

80273

(8) Costs of other direct-care resources that are specified	80274
as direct care costs in rules adopted under section 5124.03 of the	80275
Revised Code.	80276

(M) "Downsized ICF/MR" means an ICF/MR that permanently	80277
reduced its medicaid-certified capacity pursuant to a plan	80278
approved by the department of developmental disabilities under	80279
section 5123.042 of the Revised Code.	80280

(N) "Effective date of a change of operator" means the day	80281
the entering operator becomes the operator of the ICF/MR.	80282

(O) "Effective date of a facility closure" means the last day	80283
that the last of the residents of the ICF/MR resides in the	80284
ICF/MR.	80285

(P) "Effective date of an involuntary termination" means the	80286
date the department of medicaid terminates the operator's provider	80287
agreement for the ICF/MR or the last day that such a provider	80288
agreement is in effect when the department cancels or refuses to	80289
revalidate it.	80290

(Q) "Effective date of a voluntary termination" means the day	80291
the ICF/MR ceases to accept medicaid recipients.	80292

(R) "Entering operator" means the person or government entity	80293
that will become the operator of an ICF/MR when a change of	80294
operator occurs or following an involuntary termination.	80295

(S) "Exiting operator" means any of the following:

80296

(1) An operator that will cease to be the operator of an	80297
ICF/MR on the effective date of a change of operator;	80298

(2) An operator that will cease to be the operator of an	80299
ICF/MR on the effective date of a facility closure;	80300

(3) An operator of an ICF/MR that is undergoing or has	80301
undergone a voluntary termination;	80302

(4) An operator of an ICF/MR that is undergoing or has	80303
undergone an involuntary termination.	80304

(T)(1) "Extensive renovation" means the following:

80305

(a) An ICF/MR's betterment, improvement, or restoration to	80306
which both of the following apply:	80307

(i) It was started before July 1, 1993;

80308

(ii) It meets the definition of "extensive renovation"	80309
established in rules that were adopted by the director of job and	80310
family services and in effect on December 22, 1992.	80311

(b) An ICF/MR's betterment, improvement, or restoration to	80312
which all of the following apply:	80313

(i) It was started on or after July 1, 1993;

80314

(ii) Except as provided in division (T)(2) of this section,	80315
it costs more than sixty-five per cent and not more than	80316
eighty-five per cent of the cost of constructing a new bed;	80317

(iii) It extends the useful life of the assets for at least	80318
ten years.	80319

(2) The department of developmental disabilities may treat a	80320
renovation that costs more than eighty-five per cent of the cost	80321
of constructing new beds as an extensive renovation if the	80322
department determines that the renovation is more prudent than	80323
construction of new beds.	80324

(3) For the purpose of division (T)(1)(b)(ii) of this	80325
section, the cost of constructing a new bed shall be considered to	80326
be forty thousand dollars, adjusted for the estimated rate of	80327
inflation from January 1, 1993, to the end of the calendar year	80328
during which the extensive renovation is completed, using the	80329
consumer price index for shelter costs for all urban consumers for	80330
the north central region, as published by the United States bureau	80331
of labor statistics.	80332

(U)(1) Subject to divisions (U)(2) and (3) of this section,	80333
"facility closure" means either of the following:	80334

(a) Discontinuance of the use of the building, or part of the	80335
building, that houses the facility as an ICF/MR that results in	80336
the relocation of all of the facility's residents;	80337

(b) Conversion of the building, or part of the building, that	80338
houses an ICF/MR to a different use with any necessary license or	80339
other approval needed for that use being obtained and one or more	80340
of the facility's residents remaining in the facility to receive	80341
services under the new use.	80342

(2) A facility closure occurs regardless of any of the	80343
following:	80344

(a) The operator completely or partially replacing the ICF/MR	80345
by constructing a new ICF/MR or transferring the ICF/MR's license	80346
to another ICF/MR;	80347

(b) The ICF/MR's residents relocating to another of the	80348
operator's ICFs/MR;	80349

(c) Any action the department of health takes regarding the	80350
ICF/MR's medicaid certification that may result in the transfer of	80351
part of the ICF/MR's survey findings to another of the operator's	80352
ICFs/MR;	80353

(d) Any action the department of developmental disabilities	80354
takes regarding the ICF/MR's license under section 5123.19 of the	80355
Revised Code.	80356

(3) A facility closure does not occur if all of the ICF/MR's	80357
residents are relocated due to an emergency evacuation and one or	80358
more of the residents return to a medicaid-certified bed in the	80359
ICF/MR not later than thirty days after the evacuation occurs.	80360

(V) "Fiscal year" means the fiscal year of this state, as	80361
specified in section 9.34 of the Revised Code.	80362

(W) "Franchise permit fee" means the fee imposed by sections	80363
5168.60 to 5168.71 of the Revised Code.	80364

(X) "Home and community-based services" has the same meaning	80365
as in section 5123.01 of the Revised Code.	80366

(Y) "ICF/MR services" means ICF/IID services as defined in 42	80367
C.F.R. 440.150.	80368

(Z)(1) "Indirect care costs" means all reasonable costs	80369
incurred by an ICF/MR other than capital costs, direct care costs,	80370
and other protected costs. "Indirect care costs" includes costs of	80371
habilitation supplies, pharmacy consultants, medical and	80372
habilitation records, program supplies, incontinence supplies,	80373
food, enterals, dietary supplies and personnel, laundry,	80374
housekeeping, security, administration, liability insurance,	80375
bookkeeping, purchasing department, human resources,	80376
communications, travel, dues, license fees, subscriptions, home	80377
office costs not otherwise allocated, legal services, accounting	80378
services, minor equipment, maintenance and repair expenses,	80379
help-wanted advertising, informational advertising, start-up	80380
costs, organizational expenses, other interest, property	80381
insurance, employee training and staff development, employee	80382
benefits, payroll taxes, and workers' compensation premiums or	80383
costs for self-insurance claims and related costs, as specified in	80384
rules adopted under section 5124.03of the Revised Code, for	80385
personnel listed in this division. Notwithstanding division (H) of	80386
this section, "indirect care costs" also means the cost of	80387
equipment, including vehicles, acquired by operating lease	80388
executed before December 1, 1992, if the costs are reported as	80389
administrative and general costs on the ICF/MR's cost report for	80390
the cost reporting period ending December 31, 1992.	80391

(2) For the purpose of division (Z)(1) of this section, an	80392
operating lease shall be construed in accordance with generally	80393
accepted accounting principles.	80394

(AA) "Inpatient days" means both of the following:

80395

(1) All days during which a resident, regardless of payment	80396
source, occupies a bed in an ICF/MR that is included in the	80397
ICF/MR's medicaid-certified capacity;	80398

(2) All days for which payment is made under section 5124.34	80399
of the Revised Code.	80400

(BB) "Intermediate care facility for the mentally retarded"	80401
and "ICF/MR" mean an intermediate care facility for the mentally	80402
retarded as defined in the "Social Security Act," section 1905(d),	80403
42 U.S.C. 1396d(d).	80404

(CC) "Involuntary termination" means the department of	80405
medicaid's termination of, cancellation of, or refusal to	80406
revalidate the operator's provider agreement for the ICF/MR when	80407
such action is not taken at the operator's request.	80408

(DD) "Low resource utilization resident" means a medicaid	80409
recipient residing in an ICF/MR who is placed in the typical	80410
adaptive needs and nonsignificant behaviors classification	80411
pursuant to the resident assessment instrument and grouper	80412
methodology established in rules authorized by sections 5124.191	80413
and 5124.192 of the Revised Code.	80414

(EE) "Maintenance and repair expenses" means, except as	80415
provided in division (UU)(2)(b) of this section, expenditures that	80416
are necessary and proper to maintain an asset in a normally	80417
efficient working condition and that do not extend the useful life	80418
of the asset two years or more. "Maintenance and repair expenses"	80419
includes the costs of ordinary repairs such as painting and	80420
wallpapering.	80421

(FF) "Medicaid-certified capacity" means the number of an	80422
ICF/MR's beds that are certified for participation in medicaid as	80423
ICF/IID beds.	80424

(GG) "Medicaid days" means both of the following:

80425

(1) All days during which a resident who is a medicaid	80426
recipient eligible for ICF/MR services occupies a bed in an ICF/MR	80427
that is included in the ICF/MR's medicaid-certified capacity;	80428

(2) All days for which payment is made under section 5124.34	80429
of the Revised Code.	80430

(HH)(1) "New ICF/MR" means an ICF/MR for which the provider	80431
obtains an initial provider agreement following the director of	80432
health's medicaid certification of the ICF/MR, including such an	80433
ICF/MR that replaces one or more ICFs/MR for which a provider	80434
previously held a provider agreement.	80435

(2) "New ICF/MR" does not mean either of the following:

80436

(a) An ICF/MR for which the entering operator seeks a	80437
provider agreement pursuant to section 5124.511 or 5124.512 or	80438
(pursuant to section 5124.515) section 5124.07 of the Revised	80439
Code;	80440

(b) A downsized ICF/MR or partially converted ICF/MR.

80441

(II) "Nursing home" has the same meaning as in section	80442
3721.01 of the Revised Code.	80443

(JJ) "Operator" means the person or government entity	80444
responsible for the daily operating and management decisions for	80445
an ICF/MR.	80446

(KK) "Other protected costs" means costs incurred by an	80447
ICF/MR for medical supplies; real estate, franchise, and property	80448
taxes; natural gas, fuel oil, water, electricity, sewage, and	80449
refuse and hazardous medical waste collection; allocated other	80450
protected home office costs; and any additional costs defined as	80451
other protected costs in rules adopted under section 5124.03 of	80452
the Revised Code.	80453

(LL)(1) "Owner" means any person or government entity that	80454
has at least five per cent ownership or interest, either directly,	80455
indirectly, or in any combination, in any of the following	80456
regarding an ICF/MR:	80457

(a) The land on which the ICF/MR is located;

80458

(b) The structure in which the ICF/MR is located;

80459

(c) Any mortgage, contract for deed, or other obligation	80460
secured in whole or in part by the land or structure on or in	80461
which the ICF/MR is located;	80462

(d) Any lease or sublease of the land or structure on or in	80463
which the ICF/MR is located.	80464

(2) "Owner" does not mean a holder of a debenture or bond	80465
related to an ICF/MR and purchased at public issue or a regulated	80466
lender that has made a loan related to the ICF/MR unless the	80467
holder or lender operates the ICF/MR directly or through a	80468
subsidiary.	80469

(MM) "Partially converted ICF/MR" means an ICF/MR that	80470
converted some, but not all, of its beds to providing home and	80471
community-based services under the individual options waiver	80472
pursuant to section 5124.60 of the Revised Code.	80473

(NN)(1) Except as provided in divisions (NN)(2) and (3) of	80474
this section, "per diem" means an ICF/MR's desk-reviewed, actual,	80475
allowable costs in a given cost center in a cost reporting period,	80476
divided by the facility's inpatient days for that cost reporting	80477
period.	80478

(2) When determining capital costs for the purpose of section	80479
5124.17 of the Revised Code, "per diem" means an ICF/MR's actual,	80480
allowable capital costs in a cost-reporting period divided by the	80481
greater of the facility's inpatient days for that period or the	80482
number of inpatient days the ICF/MR would have had during that	80483
period if its occupancy rate had been ninety-five per cent.	80484

(3) When determining indirect care costs for the purpose of	80485
section 5124.21 of the Revised Code, "per diem" means an ICF/MR's	80486
actual, allowable indirect care costs in a cost-reporting period	80487
divided by the greater of the ICF/MR's inpatient days for that	80488
period or the number of inpatient days the ICF/MR would have had	80489
during that period if its occupancy rate had been eighty-five per	80490
cent.	80491

(OO) "Provider" means an operator with a valid provider	80492
agreement.	80493

(PP) "Provider agreement" means a provider agreement, as	80494
defined in section 5164.01 of the Revised Code, that is between	80495
the department of medicaid and the operator of an ICF/MR for the	80496
provision of ICF/MR services under the medicaid program.	80497

(QQ) "Purchased nursing services" means services that are	80498
provided in an ICF/MR by registered nurses, licensed practical	80499
nurses, or nurse aides who are not employees of the ICF/MR.	80500

(RR) "Reasonable" means that a cost is an actual cost that is	80501
appropriate and helpful to develop and maintain the operation of	80502
resident care facilities and activities, including normal standby	80503
costs, and that does not exceed what a prudent buyer pays for a	80504
given item or services. Reasonable costs may vary from provider to	80505
provider and from time to time for the same provider.	80506

(SS) "Related party" means an individual or organization	80507
that, to a significant extent, has common ownership with, is	80508
associated or affiliated with, has control of, or is controlled	80509
by, a provider.	80510

(1) An individual who is a relative of an owner is a related	80511
party.	80512

(2) Common ownership exists when an individual or individuals	80513
possess significant ownership or equity in both the provider and	80514
the other organization. Significant ownership or equity exists	80515
when an individual or individuals possess five per cent ownership	80516
or equity in both the provider and a supplier. Significant	80517
ownership or equity is presumed to exist when an individual or	80518
individuals possess ten per cent ownership or equity in both the	80519
provider and another organization from which the provider	80520
purchases or leases real property.	80521

(3) Control exists when an individual or organization has the	80522
power, directly or indirectly, to significantly influence or	80523
direct the actions or policies of an organization.	80524

(4) An individual or organization that supplies goods or	80525
services to a provider shall not be considered a related party if	80526
all of the following conditions are met:	80527

(a) The supplier is a separate bona fide organization.

80528

(b) A substantial part of the supplier's business activity of	80529
the type carried on with the provider is transacted with others	80530
than the provider and there is an open, competitive market for the	80531
types of goods or services the supplier furnishes.	80532

(c) The types of goods or services are commonly obtained by	80533
other ICFs/MR from outside organizations and are not a basic	80534
element of resident care ordinarily furnished directly to	80535
residents by the ICFs/MR.	80536

(d) The charge to the provider is in line with the charge for	80537
the goods or services in the open market and no more than the	80538
charge made under comparable circumstances to others by the	80539
supplier.	80540

(TT) "Relative of owner" means an individual who is related	80541
to an owner of an ICF/MR by one of the following relationships:	80542

(1) Spouse;

80543

(2) Natural parent, child, or sibling;

80544

(3) Adopted parent, child, or sibling;

80545

(4) Stepparent, stepchild, stepbrother, or stepsister;

80546

(5) Father-in-law, mother-in-law, son-in-law,	80547
daughter-in-law, brother-in-law, or sister-in-law;	80548

(6) Grandparent or grandchild;

80549

(7) Foster caregiver, foster child, foster brother, or foster	80550
sister.	80551

(UU)(1) "Renovation" means the following:

80552

(a) An ICF/MR's betterment, improvement, or restoration to	80553
which both of the following apply:	80554

(i) It was started before July 1, 1993;

80555

(ii) It meets the definition of "renovation" established in	80556
rules that were adopted by the director of job and family services	80557
and in effect on December 22, 1992.	80558

(b) An ICF/MR's betterment, improvement, or restoration to	80559
which both of the following apply:	80560

(i) It was started on or after July 1, 1993;

80561

(ii) It betters, improves, or restores the ICF/MR beyond its	80562
current functional capacity through a structural change that costs	80563
at least five hundred dollars per bed.	80564

(2) A renovation started on or after July 1, 1993, may	80565
include both of the following:	80566

(a) A betterment, improvement, restoration, or replacement of	80567
assets that are affixed to a building and have a useful life of at	80568
least five years;	80569

(b) Costs that otherwise would be considered maintenance and	80570
repair expenses if they are an integral part of the structural	80571
change that makes up the renovation project.	80572

(3) "Renovation" does not mean construction of additional	80573
space for beds that will be added to an ICF/MR's licensed capacity	80574
or medicaid-certified capacity.	80575

(VV) "Residential facility" has the same meaning as in	80576
section 5123.19 of the Revised Code.	80577

(WW) "Sponsor" means an adult relative, friend, or guardian	80578
of an ICF/MR resident who has an interest or responsibility in the	80579
resident's welfare.	80580

(XX) "Title XIX" means Title XIX of the "Social Security	80581
Act," 42 U.S.C. 1396, et seq.	80582

(YY) "Title XVIII" means Title XVIII of the "Social Security	80583
Act," 42 U.S.C. 1395, et seq.	80584

(ZZ) "Voluntary termination" means an operator's voluntary	80585
election to terminate the participation of an ICF/MR in the	80586
medicaid program but to continue to provide service of the type	80587
provided by a residential facility as defined in section 5123.19	80588
of the Revised Code.	80589

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	80590
~~of the United States secretary of health and human services, the~~	80591
The department of ~~job and family services~~medicaid shall enter	80592
into a contract with the department of developmental disabilities	80593
under section ~~5111.91~~5162.35 of the Revised Code that provides	80594
for the department of developmental disabilities to assume the	80595
powers and duties of the department of ~~job and family services~~	80596
medicaid with regard to the medicaid program's coverage of ICF/MR	80597
services ~~provided by intermediate care facilities for the~~	80598
~~mentally retarded~~. The contract shall include a schedule for the	80599
assumption of the powers and duties. Except as otherwise	80600
authorized by the United States secretary of health and human	80601
services, no provision of the contract may violate a federal law	80602
or regulation governing the medicaid program. ~~Once the contract~~	80603
~~goes into effect, all references to the department of job and~~	80604
~~family services, and all references to the director of job and~~	80605
~~family services, with regard to intermediate care facilities for~~	80606
~~the mentally retarded that are in law enacted by the general~~	80607
~~assembly shall be deemed to be references to the department of~~	80608
~~developmental disabilities and director of developmental~~	80609
~~disabilities, respectively, to the extent necessary to implement~~	80610
~~the terms of the contract.~~	80611

Sec. 5124.03. To the extent authorized by rules authorized	80612
by section 5162.021 of the Revised Code, the director of	80613
developmental disabilities shall adopt rules in accordance with	80614
Chapter 119. of the Revised Code as necessary to implement this	80615
chapter.	80616

Sec. 5124.05. The medicaid program shall cover ICF/MR	80617
services when all of the following apply:	80618

(A) The ICF/MR services are provided to a medicaid recipient	80619
eligible for the services.	80620

(B) The ICF/MR services are provided by an ICF/MR for which	80621
the provider has a valid provider agreement.	80622

(C) Federal financial participation is available for the	80623
ICF/MR services.	80624

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	80625
Code, an ICF/MR operator is eligible to enter into a provider	80626
agreement for an ICF/MR if all of the following apply:	80627

(1) The ICF/MR is certified by the director of health for	80628
participation in medicaid;	80629

(2) The ICF/MR is licensed by the director of developmental	80630
disabilities as a residential facility;	80631

(3) Subject to division (B) of this section, the operator and	80632
ICF/MR comply with all applicable state and federal statutes and	80633
rules.	80634

(B) A state rule that requires an ICF/MR operator to have	80635
received approval of a plan for the proposed ICF/MR pursuant to	80636
section 5123.042 of the Revised Code as a condition of the	80637
operator being eligible to receive medicaid payments for ICF/MR	80638
services the ICF/MR provides does not apply if, under former	80639
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	80640
of the 128th general assembly or section 5123.197 of the Revised	80641
Code, a residential facility license was obtained or modified for	80642
the ICF/MR without obtaining approval of such a plan.	80643

Sec. 5124.07. (A) Except as provided in section 5124.072 of	80644
the Revised Code, the department of medicaid shall enter into a	80645
provider agreement with an ICF/MR operator who applies, and is	80646
eligible, for the provider agreement.	80647

(B) A provider agreement shall require the department of	80648
developmental disabilities, pursuant to its agreement with the	80649
department of medicaid under section 5124.02 of the Revised Code,	80650
to make medicaid payments to the provider in accordance with this	80651
chapter for ICF/MR services the ICF/MR provides to its residents	80652
who are medicaid recipients eligible for ICF/MR services.	80653

(C) A provider agreement shall require the provider to do all	80654
of the following:	80655

(1) Maintain eligibility for the provider agreement as	80656
provided in section 5124.06 of the Revised Code;	80657

(2) Keep records relating to a cost reporting period for the	80658
greater of seven years after the cost report is filed or, if the	80659
department of developmental disabilities issues an audit report in	80660
accordance with section 5124.109 of the Revised Code, six years	80661
after all appeal rights relating to the audit report are	80662
exhausted;	80663

(3) File reports as the department of developmental	80664
disabilities requires;	80665

(4) Open all records relating to the costs of the ICF/MR's	80666
services for inspection and audit by the department of	80667
developmental disabilities;	80668

(5) Open its premises for inspection by the department of	80669
developmental disabilities, department of health, and any other	80670
state or local authority having authority to inspect;	80671

(6) Supply to the department of developmental disabilities	80672
such information as it requires concerning the ICF/MR's services	80673
to residents who are, or are eligible to be, medicaid recipients;	80674

(7) Comply with section 5124.08 of the Revised Code.

80675

(D) A provider agreement may contain other provisions that	80676
are consistent with law and considered necessary by the department	80677
of medicaid or the department of developmental disabilities.	80678

Sec. 5124.071. An ICF/MR operator may enter into provider	80679
agreements for more than one ICF/MR.	80680

Sec. 5124.072. The department of medicaid, in accordance	80681
with rules adopted under section 5165.02 of the Revised Code, may	80682
elect not to enter into, not to revalidate, or to terminate an	80683
ICF/MR provider agreement when the department determines that such	80684
an agreement would not be in the best interests of medicaid	80685
recipients or the state. The department shall not revalidate an	80686
ICF/MR provider agreement if the provider fails to maintain	80687
eligibility for the provider agreement as provided in section	80688
5124.06 of the Revised Code.	80689

Sec. 5124.08. (A) Every provider agreement with an ICF/MR	80690
provider shall do both of the following:	80691

(1) Except as provided by division (B) of this section,	80692
include any part of the ICF/MR that meets federal and state	80693
standards for medicaid certification;	80694

(2) Prohibit the provider from doing either of the following:

80695

(a) Discriminating against a resident on the basis of race,	80696
color, sex, creed, or national origin;	80697

(b) Subject to division (D) of this section, failing or	80698
refusing to do either of the following:	80699

(i) Admit as a resident of the ICF/MR an individual because	80700
the individual is, or may (as a resident of the ICF/MR) become, a	80701
medicaid recipient if less than eighty per cent of the ICF/MR's	80702
residents are medicaid recipients;	80703

(ii) Retain as a resident of the ICF/MR an individual because	80704
the individual is, or may (as a resident of the ICF/MR) become, a	80705
medicaid recipient.	80706

(B) Unless otherwise required by federal law, an ICF/MR bed	80707
is not required to be included in a provider agreement if the bed	80708
is designated for respite care under a medicaid waiver component	80709
operated pursuant to a waiver sought under section 5166.20 of the	80710
Revised Code.	80711

(C) For the purpose of division (A)(2)(b)(ii) of this	80712
section, a medicaid recipient who is a resident of an ICF/MR shall	80713
be considered a resident of the ICF/MR during any hospital stays	80714
totaling less than twenty-five days during any twelve-month	80715
period. A medicaid recipient identified by the department of	80716
developmental disabilities or its designee as requiring the level	80717
of care of an ICF/MR shall not be subject to a maximum period of	80718
absences during which the recipient is considered to be an ICF/MR	80719
resident if prior authorization of the department for visits with	80720
relatives and friends and participation in therapeutic programs is	80721
obtained in accordance with rules adopted under section 5124.03 of	80722
the Revised Code.	80723

(D) Nothing in this section shall bar a provider from doing	80724
any of the following:	80725

(1) If the provider is a religious organization operating a	80726
religious or denominational ICF/MR, giving preference to persons	80727
of the same religion or denomination;	80728

(2) Giving preference to persons with whom the provider has	80729
contracted to provide continuing care;	80730

(3) Retaining residents who have resided in the provider's	80731
ICF/MR for not less than one year as private pay residents and who	80732
subsequently become medicaid recipients but refusing to admit as a	80733
resident an individual who is, or may (as a resident of the	80734
ICF/MR) become, a medicaid recipient, if all of the following	80735
apply:	80736

(a) The provider does not refuse to retain a resident who has	80737
resided in the provider's ICF/MR for not less than one year as a	80738
private pay resident because the resident becomes a medicaid	80739
recipient, except as necessary to comply with division (D)(3)(b)	80740
of this section.	80741

(b) The number of medicaid recipients retained under division	80742
(D)(3) of this section does not at any time exceed ten per cent of	80743
all the ICF/MR's residents.	80744

(c) On July 1, 1980, all the ICF/MR's residents were private	80745
pay residents.	80746

(E) No provider shall violate the provider agreement	80747
obligations imposed by this section.	80748

Sec. 5124.081. An ICF/MR resident has a cause of action	80749
against the provider of the ICF/MR for breach of the provider	80750
agreement obligations or other duties imposed by section 5124.08	80751
of the Revised Code. The action may be commenced by the resident,	80752
or on the resident's behalf by the resident's sponsor, by the	80753
filing of a civil action in the court of common pleas of the	80754
county in which the ICF/MR is located or in the court of common	80755
pleas of Franklin county.	80756

If a court of common pleas finds that a provider has breached	80757
a provider agreement obligation or other duty imposed by section	80758
5124.08 of the Revised Code, the court may do one or more of the	80759
following:	80760

(A) Enjoin the provider from engaging in the practice;

80761

(B) Order such affirmative relief as may be necessary;

80762

(C) Award to a resident and a sponsor that brings the action	80763
on behalf of a resident actual damages, costs, and reasonable	80764
attorney's fees.	80765

Sec. 5124.10. (A) Except as provided in division (D) of this	80766
section and division (E)(2) of section 5124.101 of the Revised	80767
Code, each ICF/MR provider shall file with the department of	80768
developmental disabilities an annual cost report for each of the	80769
provider's ICFs/MR for which the provider has a valid provider	80770
agreement. The cost report for a year shall cover the calendar	80771
year or portion of the calendar year during which the ICF/MR	80772
participated in the medicaid program. Except as provided in	80773
division (E) of this section, the cost report is due not later	80774
than ninety days after the end of the calendar year, or portion of	80775
the calendar year, that the cost report covers.	80776

(B)(1) If an ICF/MR undergoes a change of provider that the	80777
department determines, in accordance with rules adopted under	80778
section 5124.03 of the Revised Code, is not an arms length	80779
transaction, the new provider shall file the ICF/MR's cost report	80780
in accordance with division (A) of this section and the cost	80781
report shall cover the portion of the calendar year during which	80782
the new provider operated the ICF/MR and the portion of the	80783
calendar year during which the previous provider operated the	80784
ICF/MR.	80785

(2) If an ICF/MR undergoes a change of provider that the	80786
department determines, in accordance with rules adopted under	80787
section 5124.03 of the Revised Code, is an arms length	80788
transaction, the new provider shall file with the department a	80789
cost report for the ICF/MR not later than, except as provided in	80790
division (E) of this section, ninety days after the end of the	80791
ICF/MR's first three full calendar months of operation under the	80792
new provider. The cost report shall cover the period that begins	80793
with the ICF/MR's first day of operation under the new provider	80794
and ends on the first day of the month immediately following the	80795
first three full months of operation under the new provider.	80796

(C) If the medicaid payment rate for a new ICF/MR was most	80797
recently determined in accordance with section 5124.151 of the	80798
Revised Code, the provider shall file with the department a cost	80799
report for the new ICF/MR not later than, except as provided in	80800
division (E) of this section, ninety days after the end of the new	80801
ICF/MR's first three full calendar months of operation. The cost	80802
report shall cover the period that begins with the ICF/MR's first	80803
day of operation and ends on the first day of the month	80804
immediately following the first three full months of operation.	80805

(D) An ICF/MR provider is not required to file a cost report	80806
for an ICF/MR for a calendar year in accordance with division (A)	80807
of this section if the provider files a cost report for the ICF/MR	80808
under division (B)(2) or (C) of this section and that cost report	80809
covers a period that begins after the first day of October of that	80810
calendar year. The provider shall file a cost report for the	80811
ICF/MR in accordance with division (A) of this section for the	80812
immediately following calendar year.	80813

(E) The department may grant to a provider a fourteen-day	80814
extension to file a cost report under this section or section	80815
5124.101 of the Revised Code if the provider provides the	80816
department a written request for the extension and the department	80817
determines that there is good cause for the extension.	80818

Sec. 5124.101. (A) The provider of an ICF/MR that becomes a	80819
downsized ICF/MR or partially converted ICF/MR may file with the	80820
department of developmental disabilities a cost report covering	80821
the period specified in division (B) of this section if the ICF/MR	80822
has both of the following on the day it becomes a downsized ICF/MR	80823
or partially converted ICF/MR:	80824

(1) A medicaid-certified capacity that is at least ten per	80825
cent less than its medicaid-certified capacity on the day	80826
immediately preceding the day it becomes a downsized ICF/MR or	80827
partially converted ICF/MR;	80828

(2) At least five fewer beds certified as ICF/MR beds than it	80829
has on the day immediately preceding the day it becomes a	80830
downsized ICF/MR or partially converted ICF/MR.	80831

(B) A cost report filed under division (A) of this section	80832
shall cover the period that begins with the day that the ICF/MR	80833
becomes a downsized ICF/MR or partially converted ICF/MR and ends	80834
on the first day of the month immediately following the first	80835
three full months of operation as a downsized ICF/MR or partially	80836
converted ICF/MR.	80837

(C) The department shall refuse to accept a cost report filed	80838
under division (A) of this section if either of the following	80839
apply:	80840

(1) Except as provided in division (E) of section 5124.10 of	80841
the Revised Code, the provider fails to file the cost report with	80842
the department not later than ninety days after the last day of	80843
the period the cost report covers;	80844

(2) The cost report is incomplete or inadequate.

80845

(D) If the department accepts a cost report filed under	80846
division (A) of this section, the department shall determine the	80847
ICF/MR's medicaid payment rate in accordance with this chapter	80848
using that cost report. The provider shall be paid that rate for	80849
ICF/MR services the ICF/MR provides during the period that begins	80850
and ends as follows:	80851

(1) The period begins on the following:

80852

(a) The day that the ICF/MR becomes a downsized ICF/MR or	80853
partially converted ICF/MR if that day is the first day of a	80854
month;	80855

(b) The first day of the month immediately following the	80856
month that the ICF/MR becomes a downsized ICF/MR or partially	80857
converted ICF/MR if division (D)(1)(a) of this section does not	80858
apply.	80859

(2) The period ends on the first day of the fiscal year for	80860
which the ICF/MR begins to be paid a rate determined using a cost	80861
report that division (E) of this section requires be filed in	80862
accordance with division (A) of section 5124.10 of the Revised	80863
Code.	80864

(E)(1) If the department accepts a cost report filed under	80865
division (A) of this section for an ICF/MR that becomes a	80866
downsized ICF/MR or partially converted ICF/MR on or before the	80867
first day of October of a calendar year, the provider also shall	80868
file a cost report for the ICF/MR in accordance with division (A)	80869
of section 5124.10 of the Revised Code for the portion of that	80870
calendar year that the ICF/MR operated as a downsized ICF/MR or	80871
partially converted ICF/MR.	80872

(2) If the department accepts a cost report filed under	80873
division (A) of this section for an ICF/MR that becomes a	80874
downsized ICF/MR or partially converted ICF/MR after the first day	80875
of October of a calendar year, the provider is not required to	80876
file a cost report for that calendar year in accordance with	80877
division (A) of section 5124.10 of the Revised Code. The provider	80878
shall file a cost report for the ICF/MR in accordance with	80879
division (A) of section 5124.10 of the Revised Code for the	80880
immediately following calendar year.	80881

Sec. 5124.102. No ICF/MR provider shall report fines paid	80882
under section 5124.99 of the Revised Code in a cost report filed	80883
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	80884

Sec. 5124.103. Cost reports shall be completed using the	80885
form prescribed under section 5124.104 of the Revised Code and in	80886
accordance with the guidelines established under that section.	80887

Sec. 5124.104. The department of developmental disabilities	80888
shall do all of the following:	80889

(A) Prescribe the form to be used for completing a cost	80890
report and a uniform chart of accounts for the purpose of	80891
reporting costs on the form;	80892

(B) Distribute a paper copy of the form, or computer software	80893
for electronic submission of the form, to each provider at least	80894
sixty days before the date the cost report is due;	80895

80896

Sec. 5124.105. The department of developmental disabilities	80897
shall develop an addendum to the cost report form that an ICF/MR	80898
provider may use to set forth costs that the provider believes the	80899
department may dispute. The department may consider such costs in	80900
determining an ICF/MR's medicaid payment rate. If the department	80901
does not consider such costs in determining an ICF/MR's medicaid	80902
payment rate, the provider may seek reconsideration of the	80903
determination in accordance with section 5124.38 of the Revised	80904
Code. If the department subsequently includes such costs in an	80905
ICF/MR's medicaid payment rate, the department shall pay the	80906
provider interest at a reasonable rate established in rules	80907
adopted under section 5124.03 of the Revised Code for the period	80908
that the rate excluded the costs.	80909

Sec. 5124.106. If an ICF/MR provider required by section	80910
5124.10 of the Revised Code to file a cost report for the ICF/MR	80911
fails to file the cost report by the date it is due or the date,	80912
if any, to which the due date is extended pursuant to division (E)	80913
of that section, or files an incomplete or inadequate report for	80914
the ICF/MR under that section, the department of developmental	80915
disabilities shall provide immediate written notice to the	80916
provider that the provider agreement for the ICF/MR will be	80917
terminated in thirty days unless the provider submits a complete	80918
and adequate cost report for the ICF/MR within thirty days. During	80919
the thirty-day termination period or any additional time allowed	80920
for an appeal of the proposed termination of a provider agreement,	80921
the provider shall be paid the ICF/MR's then current per medicaid	80922
day payment rate, minus the dollar amount by which ICFs/MR's per	80923
medicaid day payment rates are reduced during fiscal year 2013 in	80924
accordance with division (A)(2) of section 5111.26 of the Revised	80925
Code (renumbered as section 5165.10 of the Revised Code by H.B. 59	80926
of the 130th general assembly) as that section existed on the day	80927
immediately preceding the effective date of this section. On the	80928
first day of each July, the department shall adjust the amount of	80929
the reduction in effect during the previous twelve months to	80930
reflect the rate of inflation during the preceding twelve months,	80931
as shown in the consumer price index for all items for all urban	80932
consumers for the north central region, published by the United	80933
States bureau of labor statistics.	80934

Sec. 5124.107. (A) Except as provided in division (B) of	80935
this section and not later than three years after an ICF/MR	80936
provider files a cost report with the department of developmental	80937
disabilities under section 5124.10 or 5124.101 of the Revised	80938
Code, the provider may amend the cost report if the provider	80939
discovers a material error in the cost report or additional	80940
information to be included in the cost report. The department	80941
shall review the amended cost report for accuracy and notify the	80942
provider of its determination.	80943

(B) An ICF/MR provider may not amend a cost report if the	80944
department has notified the provider that an audit of the cost	80945
report or a cost report of the provider for a subsequent cost	80946
reporting period is to be conducted under section 5124.109 of the	80947
Revised Code. The provider may, however, provide the department	80948
information that affects the costs included in the cost report.	80949
Such information may not be provided after the adjudication of the	80950
final settlement of the cost report.	80951

Sec. 5124.108. The department of developmental disabilities	80952
shall conduct a desk review of all cost reports it receives under	80953
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	80954
Based on the desk review, the department shall make a preliminary	80955
determination of whether the reported costs are allowable costs.	80956
The department shall notify each ICF/MR provider of whether any of	80957
the reported costs are preliminarily determined not to be	80958
allowable costs, the medicaid payment rate determined under this	80959
chapter as a result of the determination regarding allowable	80960
costs, and the reasons for the determination and resulting rate.	80961
The department shall allow the provider to verify the calculation	80962
and submit additional information.	80963

Sec. 5124.109. (A) The department of developmental	80964
disabilities may conduct an audit, as defined in rules adopted	80965
under section 5124.03 of the Revised Code, of any cost report	80966
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	80967
Code. The decision whether to conduct an audit and the scope of	80968
the audit, which may be a desk or field audit, may be determined	80969
based on prior performance of the provider, a risk analysis, or	80970
other evidence that gives the department reason to believe that	80971
the provider has reported costs improperly. A desk or field audit	80972
may be performed annually, but is required whenever a provider	80973
does not pass the risk analysis tolerance factors.	80974

(B) Audits shall be conducted by auditors under contract with	80975
the department, auditors working for firms under contract with the	80976
department, or auditors employed by the department.	80977

The department may establish a contract for the auditing of	80978
ICFs/MR by outside firms. Each contract entered into by bidding	80979
shall be effective for one to two years.	80980

(C) The department shall notify a provider of the findings of	80981
an audit of a cost report by issuing an audit report. The	80982
department shall issue the audit report not later than three years	80983
after the earlier of the following:	80984

(1) The date the cost report is filed;

80985

(2) The date a desk or field audit of the cost report or a	80986
cost report for a subsequent cost reporting period is completed.	80987

(D) The department shall prepare a written summary of any	80988
audit disallowance that is made after the effective date of the	80989
rate that is based on the cost. Where the provider is pursuing	80990
judicial or administrative remedies in good faith regarding the	80991
disallowance, the department shall not withhold from the	80992
provider's current payments any amounts the department claims to	80993
be due from the provider pursuant to section 5124.41 of the	80994
Revised Code.	80995

(E)(1) The department shall establish an audit manual and	80996
program for field audits conducted under this section. Each	80997
auditor conducting a field audit under this section shall follow	80998
the audit manual and program, regardless of whether the auditor is	80999
under contract with the department, works for a firm under	81000
contract with the department, or is employed by the department.	81001
The manual and program shall do both of the following:	81002

(a) Require each field audit to be conducted by an auditor to	81003
whom all of the following apply:	81004

(i) During the period of the auditor's contract, firm's	81005
contract, or auditor's employment with the department, the auditor	81006
or firm does not have and is not committed to acquire any direct	81007
or indirect financial interest in the ownership, financing, or	81008
operation of ICFs/MR in this state.	81009

(ii) The auditor does not audit any provider that has been a	81010
client of the auditor or the auditor's firm.	81011

(iii) The auditor is otherwise independent as determined by	81012
the standards of independence included in the government auditing	81013
standards produced by the United States government accountability	81014
office.	81015

(b) Require each auditor conducting a field audit to do all	81016
of the following:	81017

(i) Comply with applicable rules prescribed pursuant to Title	81018
XIX;	81019

(ii) Consider generally accepted auditing standards	81020
prescribed by the American institute of certified public	81021
accountants;	81022

(iii) Include a written summary as to whether the costs	81023
included in the cost report examined during the audit are	81024
allowable and are presented in accordance with state and federal	81025
laws and regulations, and whether, in all material respects,	81026
allowable costs are documented, reasonable, and related to patient	81027
care;	81028

(iv) Complete the audit within the time period specified by	81029
the department;	81030

(v) Provide to the provider complete written interpretations	81031
that explain in detail the application of all relevant contract	81032
provisions, regulations, auditing standards, rate formulae, and	81033
departmental policies, with explanations and examples, that are	81034
sufficient to permit the provider to calculate with reasonable	81035
certainty those costs that are allowable and the rate to which the	81036
provider's ICF/MR is entitled.	81037

(2) For the purpose of division (E)(1)(a)(i) of this section,	81038
employment of a member of an auditor's family by an ICF/MR that	81039
the auditor does not audit does not constitute a direct or	81040
indirect financial interest in the ownership, financing, or	81041
operation of the ICF/MR.	81042

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	81043
sections ~~5111.20~~5165.151 to ~~5111.331~~5165.155 of the Revised Code	81044
and by division (B) of this section, the ~~payments~~total per	81045
medicaid day payment rate that the department of ~~job and family~~	81046
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	81047
an ICF/MR provider ~~of an intermediate care facility for the~~	81048
~~mentally retarded pursuant to a provider agreement~~for ICF/MR	81049
services the provider's ICF/MR provides during a fiscal year shall	81050
equal the sum of all of the following:	81051

(1) The per medicaid day payment rate for capital costs	81052
determined for the ICF/MR under section 5124.17 of the Revised	81053
Code;	81054

(2) The per medicaid day payment rate for direct care costs	81055
determined for the ~~facility~~ICF/MR under section ~~5111.23~~5124.19	81056
of the Revised Code;	81057

~~(2)~~(3) The per medicaid day payment rate for indirect care	81058
costs determined for the ICF/MR under section 5124.21 of the	81059
Revised Code;	81060

(4) The per medicaid day payment rate for other protected	81061
costs determined for the ~~facility~~ICF/MR under section ~~5111.235~~	81062
5124.23 of the Revised Code;	81063

~~(3) The rate for indirect care costs determined for the~~	81064
~~facility under section 5111.241 of the Revised Code;~~	81065

~~(4) The rate for capital costs determined for the facility~~	81066
~~under section 5111.251 of the Revised Code~~.	81067

(B) The department shall adjust the total rate otherwise	81068
determined under division (A) of this section as directed by the	81069
general assembly through the enactment of law governing medicaid	81070
payments to ICF/MR providers ~~of intermediate care facilities for~~	81071
~~the mentally retarded~~.	81072

(C) In addition to paying an ICF/MR provider the total rate	81073
determined for the provider's ICF/MR under divisions (A) and (B)	81074
of this section for a fiscal year, the department, in accordance	81075
with section 5124.25 of the Revised Code, may pay the provider a	81076
rate add-on for pediatric ventilator-dependent outlier ICF/MR	81077
services if the rate add-on is to be paid under that section and	81078
the department approves the provider's application for the rate	81079
add-on. The rate add-on is not to be part of the ICF/MR's total	81080
rate.	81081

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	81082
~~services shall establish initial rates for an intermediate care~~	81083
~~facility for the mentally retarded with a first date of licensure~~	81084
~~that is on or after January 1, 1993, including a facility that~~	81085
~~replaces one or more existing facilities, or for an intermediate~~	81086
~~care facility for the mentally retarded with a first date of~~	81087
~~licensure before that date that was initially certified for the~~	81088
~~medicaid program on or after that date,~~total per medicaid day	81089
payment rate determined under section 5124.15 of the Revised Code	81090
shall not be the initial rate for ICF/MR services provided by a	81091
new ICF/MR. Instead, the initial total per medicaid day payment	81092
rate for ICF/MR services provided by a new ICF/MR shall be	81093
determined in the following manner:	81094

(1) The initial rate for capital costs shall be determined	81095
under section 5124.17 of the Revised Code using the greater of the	81096
new ICF/MR's actual inpatient days or an imputed occupancy rate of	81097
eighty per cent.	81098

(2) The initial rate for direct care costs shall be	81099
determined as follows:	81100

(a) If there are no cost or resident assessment data for the	81101
new ICF/MR as necessary to ~~calculate~~determine a rate under	81102
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	81103
determined as follows:	81104

(i) Determine the median cost per case-mix unit ~~calculated~~	81105
determined under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the	81106
Revised Code for the ~~relevant~~new ICF/MR's peer group for the	81107
calendar year preceding the fiscal year in which the rate will be	81108
paid~~, multiplied~~;	81109

(ii) Multiply the amount determined under division	81110
(A)(2)(a)(i) of this section by the median annual average case-mix	81111
score for the new ICF/MR's peer group for that period ~~and~~;	81112

(iii) Adjust the product determined under division	81113
(A)(2)(a)(ii) of this section by the rate of inflation estimated	81114
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	81115
Code. ~~This rate shall be recalculated to reflect the facility's~~	81116
~~actual quarterly average case-mix score, in accordance with that~~	81117
~~section, after it submits its first quarterly assessment data that~~	81118
~~qualifies for use in calculating a case-mix score in accordance~~	81119
~~with rules authorized by division (E) of section 5111.232 of the~~	81120
~~Revised Code. If the facility's first two quarterly submissions do~~	81121
~~not contain assessment data that qualifies for use in calculating~~	81122
~~a case-mix score, the department shall continue to calculate the~~	81123
~~rate using the median annual case-mix score for the peer group in~~	81124
~~lieu of an assigned quarterly case-mix score. The department shall~~	81125
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	81126
~~under division (D) of section 5111.232 of the Revised Code for any~~	81127
~~subsequent submissions that do not contain assessment data that~~	81128
~~qualifies for use in calculating a case-mix score.~~	81129

(b) If the ~~facility~~new ICF/MR is a replacement ~~facility~~	81130
ICF/MR and the ~~facility~~ICF/MR or ~~facilities~~ICFs/MR that are	81131
being replaced are in operation immediately before the ~~replacement~~	81132
~~facility~~new ICF/MR opens, the rate shall be the same as the rate	81133
for the replaced ~~facility~~ICF/MR or ~~facilities~~ICFs/MR,	81134
proportionate to the number of ICF/MR beds in each replaced	81135
~~facility~~ICF/MR. ~~If one or more of the replaced facilities is~~	81136

(c) If the new ICF/MR is a replacement ICF/MR and the ICF/MR	81137
or ICFs/MR that are being replaced are not in operation	81138
immediately before the ~~replacement facility~~new ICF/MR opens, ~~its~~	81139
~~proportion~~the rate shall be determined under division	81140
(A)~~(1)~~(2)(a) of this section.	81141

~~(2)~~(3) The initial rate for indirect care costs shall be the	81142
maximum rate for the new ICF/MR's peer group as determined for the	81143
fiscal year in accordance with division (C) of section 5124.21 of	81144
the Revised Code.	81145

(4) The initial rate for other protected costs shall be one	81146
hundred fifteen per cent of the median rate for ~~intermediate care~~	81147
~~facilities for the mentally retarded calculated~~ICFs/MR determined	81148
for the fiscal year under section ~~5111.235~~5124.23 of the Revised	81149
Code.	81150

~~(3) The rate for indirect care costs shall be the applicable~~	81151
~~maximum rate for the facility's peer group as specified in~~	81152
~~division (B) of section 5111.241 of the Revised Code.~~	81153

~~(4) The rate for capital costs shall be determined under~~	81154
~~section 5111.251 of the Revised Code using the greater of actual~~	81155
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	81156

(B) If a new ICF/MR's initial rate for direct care costs is	81157
determined under division (A)(2)(a) of this section, the	81158
department shall redetermine the rate in accordance with section	81159
5124.19 of the Revised Code to reflect the new ICF/MR's actual	81160
quarterly case-mix score, after the provider, in accordance with	81161
section 5124.191 of the Revised Code, submits the first quarterly	81162
resident assessment data for the ICF/MR that qualifies for use in	81163
determining a case-mix score. If the first two quarterly	81164
submissions for the ICF/MR do not contain resident assessment data	81165
that qualifies for use in determining a case-mix score, the	81166
department shall continue to determine the ICF/MR's rate using the	81167
median annual case-mix score for the peer group in lieu of an	81168
assigned quarterly case-mix score. The department shall assign a	81169
case-mix score or, if necessary, a cost per case-mix unit under	81170
division (B) of section 5124.192 of the Revised Code for any	81171
subsequent submissions that do not contain resident assessment	81172
data that qualifies for use in determining a case-mix score.	81173

(C) The department shall adjust ~~the rates established~~a new	81174
ICF/MR's initial total per medicaid day payment rate determined	81175
under ~~division (A) of~~ this section at both of the following	81176
times:	81177

(1) Effective the first day of July, to reflect new rate	81178
~~calculations~~determinations for all ~~facilities~~ICFs/MR under	81179
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter;	81180

(2) Following the provider's submission of the ~~facility's~~	81181
ICF/MR's cost report under division ~~(A)(1)(b)~~(C) of section	81182
~~5111.26~~5124.10 of the Revised Code.	81183

The department shall pay the rate adjusted based on the cost	81184
report beginning the first day of the calendar quarter that begins	81185
more than ninety days after the department receives the cost	81186
report.	81187

Sec. 5124.152. The total per medicaid day payment rate	81188
determined under section 5124.15 of the Revised Code shall not be	81189
paid for ICF/MR services provided on or after July 1, 2014, to low	81190
resource utilization residents. Instead, the total per medicaid	81191
day payment rate for such ICF/MR services shall be a flat rate set	81192
in rules adopted under section 5124.03 of the Revised Code.	81193

Sec. 5124.153. (A) The total per medicaid day payment rate	81194
determined under section 5124.15 of the Revised Code shall not be	81195
paid for ICF/MR services provided by an ICF/MR, or discrete unit	81196
of an ICF/MR, designated by the department of developmental	81197
disabilities as an outlier ICF/MR or unit. Instead, the provider	81198
of a designated outlier ICF/MR or unit shall be paid each fiscal	81199
year a total per medicaid day payment rate that the department	81200
shall prospectively determine in accordance with a methodology	81201
established in rules authorized by this section.	81202

(B) The department may designate an ICF/MR, or discrete unit	81203
of an ICF/MR, as an outlier ICF/MR or unit if the ICF/MR or unit	81204
serves residents who have either of the following:	81205

(1) Diagnoses or special care needs that require direct care	81206
resources that are not measured adequately by the resident	81207
assessment instrument specified in rules authorized by section	81208
5124.191 of the Revised Code;	81209

(2) Diagnoses or special care needs that are specified in	81210
rules authorized by this section as otherwise qualifying for	81211
consideration under this section.	81212

(C) Notwithstanding any other provision of this chapter, the	81213
costs incurred by a designated outlier ICF/MR or unit shall not be	81214
considered in establishing medicaid payment rates for other	81215
ICFs/MR or units.	81216

(D) The director of developmental disabilities shall adopt	81217
rules under section 5124.03 of the Revised Code as necessary to	81218
implement this section.	81219

(1)(a) The rules shall do both of the following:

81220

(i) Specify the criteria and procedures the department will	81221
apply when designating an ICF/MR, or discrete unit of an ICF/MR,	81222
as an outlier ICF/MR or unit;	81223

(ii) Establish a methodology for prospectively determining	81224
the total per medicaid day payment rate that will be paid each	81225
fiscal year for ICF/MR services provided by a designated outlier	81226
ICF/MR or unit.	81227

(b) The rules adopted under division (D)(1)(a)(i) of this	81228
section regarding the criteria for designating outlier ICFs/MR and	81229
units shall do both of the following:	81230

(i) Provide for consideration of whether all of the allowable	81231
costs of an ICF/MR, or discrete unit of an ICF/MR, would be paid	81232
by the rate determined under section 5124.15 of the Revised Code;	81233

(ii) Specify the minimum number of ICF/MR beds that an	81234
ICF/MR, or discrete unit of an ICF/MR, must have to be designated	81235
an outlier ICF/MR or unit.	81236

(c) The rules authorized by division (D)(1)(a)(i) of this	81237
section regarding the criteria for designating outlier ICFs/MR and	81238
units shall not limit the designation to ICFs/MR, or discrete	81239
units of ICFs/MR, located in large cities.	81240

(d) The rules authorized by division (D)(1)(a)(ii) of this	81241
section regarding the methodology for prospectively determining	81242
the rates of designated outlier ICFs/MR and units shall provide	81243
for the methodology to consider the historical costs of providing	81244
ICF/MR services to the residents of designated outlier ICFs/MR and	81245
units.	81246

(2)(a) The rules may do both of the following:

81247

(i) Include for designation as an outlier ICF/MR or unit, an	81248
ICF/MR, or discrete unit of an ICF/MR, that serves residents who	81249
have complex medical conditions or severe behavioral problems;	81250

(ii) Require that a designated outlier ICF/MR or unit receive	81251
authorization from the department before admitting or retaining a	81252
resident.	81253

(b) If the director adopts rules authorized by division	81254
(D)(2)(a)(ii) of this section regarding the authorization of a	81255
designated outlier ICF/MR or unit to admit or retain a resident,	81256
the rules shall specify the criteria and procedures the department	81257
will apply when granting the authorization.	81258

Sec. 5124.154. (A) To the extent, if any, provided for in	81259
rules authorized by this section, the total per medicaid day	81260
payment rate determined under section 5124.15 of the Revised Code	81261
shall not be paid for ICF/MR services that an ICF/MR not	81262
designated as an outlier ICF/MR or unit provides to a resident who	81263
meets the criteria for admission to a designated outlier ICF/MR or	81264
unit, as specified in rules authorized by section 5124.153 of the	81265
Revised Code. Instead, the provider of an ICF/MR providing ICF/MR	81266
services to such a resident shall be paid each fiscal year a total	81267
per medicaid day payment rate that the department shall	81268
prospectively determine in accordance with a methodology	81269
established in rules authorized by this section.	81270

(B) The director of developmental disabilities may adopt	81271
rules under section 5124.03 of the Revised Code to implement this	81272
section. The rules may require that an ICF/MR receive	81273
authorization from the department before admitting or retaining a	81274
resident who meets the criteria for admission to a designated	81275
outlier ICF/MR or unit. If the director adopts such rules, the	81276
rules shall specify the criteria and procedures the department	81277
will apply when granting the authorization.	81278

~~Sec. 5111.291.~~ Sec. 5124.155. ~~Notwithstanding sections 5111.20 to~~	81279
~~5111.331 of the Revised Code~~The department of developmental	81280
disabilities is not required to pay the total per medicaid day	81281
payment rates determined under section 5124.15 of the Revised Code	81282
for ICF/MR services provided by developmental centers. Instead,	81283
the department ~~of job and family services~~ may ~~compute~~determine	81284
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	81285
~~for the mentally retarded operated by the department of~~	81286
developmental ~~disabilities or the department of mental health~~	81287
centers according to the reasonable cost principles of Title	81288
XVIII.	81289

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	81290
department of ~~job and family services~~developmental disabilities	81291
shall ~~pay a provider for~~prospectively determine each ~~of the~~	81292
~~provider's eligible intermediate care facilities for the mentally~~	81293
~~retarded for its reasonable capital costs, a~~ICF/MR's per	81294
~~resident per~~medicaid day payment rate ~~established prospectively~~	81295
~~each fiscal year for each intermediate care facility for the~~	81296
~~mentally retarded~~for reasonable capital costs. Except as	81297
otherwise provided in ~~sections 5111.20 to 5111.331 of the Revised~~	81298
~~Code~~this chapter, ~~the~~an ICF/MR's rate shall be based on the	81299
~~facility's~~ICF/MR's capital costs for the calendar year preceding	81300
the fiscal year in which the rate will be paid. ~~The~~Subject to	81301
section 5124.28, an ICF/MR's rate shall equal the sum of the	81302
following:	81303

(1) The ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	81304
per diem ~~cost~~costs of ownership for the immediately preceding	81305
cost reporting period, limited as provided in divisions (B) and	81306
(C) ~~and (F)~~ of this section;	81307

(2) ~~Any efficiency incentive determined under division (B) of~~	81308
~~this section;~~	81309

~~(3) Any amounts for~~The ICF/MR's per medicaid day payment for	81310
the ICF/MR's per diem capitalized costs of nonextensive	81311
renovations determined under division (D)(1) of this section if	81312
the ICF/MR qualifies for a payment for such costs as specified in	81313
division (D)(2) of this section;	81314

~~(4) Any amounts for return on equity determined under~~	81315
~~division (H) of this section~~(3) The ICF/MR's per medicaid day	81316
efficiency incentive payment determined under division (E) of this	81317
section.	81318

~~Buildings shall be depreciated using the straight line method~~	81319
~~over forty years or over a different period approved by the~~	81320
~~department. Components and equipment shall be depreciated using~~	81321
~~the straight line method over a period designated by the director~~	81322
~~of job and family services in rules adopted under section 5111.02~~	81323
~~of the Revised Code, consistent with the guidelines of the~~	81324
~~American hospital association, or over a different period approved~~	81325
~~by the department of job and family services. Any rules authorized~~	81326
~~by this division that specify useful lives of buildings,~~	81327
~~components, or equipment apply only to assets acquired on or after~~	81328
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	81329
~~government agency shall not be included in costs of ownership or~~	81330
~~renovation unless that part of the payment under sections 5111.20~~	81331
~~to 5111.331 of the Revised Code is used to reimburse the~~	81332
~~government agency.~~	81333

(B) ~~The department of job and family services shall pay to a~~	81334
~~provider for each of the provider's eligible intermediate care~~	81335
~~facilities for the mentally retarded an efficiency incentive equal~~	81336
~~to fifty per cent of the difference between any desk-reviewed,~~	81337
~~actual, allowable cost of ownership and the applicable limit on~~	81338
~~cost of ownership payments under division (C) of this section. For~~	81339
~~purposes of computing the efficiency incentive, depreciation for~~	81340
~~costs paid or reimbursed by any government agency shall be~~	81341
~~considered as a cost of ownership, and the applicable limit under~~	81342
~~division (C) of this section shall apply both to facilities with~~	81343
~~more than eight beds and facilities with eight or fewer beds. The~~	81344
~~efficiency incentive paid to a provider for a facility with eight~~	81345
~~or fewer beds shall not exceed three dollars per patient day,~~	81346
~~adjusted annually for the inflation rate for the twelve-month~~	81347
~~period beginning on the first day of July of the calendar year~~	81348
~~preceding the calendar year that precedes the fiscal year for~~	81349
~~which the efficiency incentive is determined and ending on the~~	81350
~~thirtieth day of the following June, using the consumer price~~	81351
~~index for shelter costs for all urban consumers for the north~~	81352
~~central region, as published by the United States bureau of labor~~	81353
~~statistics.~~	81354

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	81355
rates for ~~intermediate care facilities for the mentally retarded~~	81356
ICFs/MR with more than eight beds shall not exceed the following	81357
limits:	81358

(1) For ~~facilities~~ICFs/MR with dates of licensure prior to	81359
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	81360
~~patient day~~;	81361

(2) For ~~facilities~~ICFs/MR with dates of licensure after	81362
December 31, l957, but prior to January 1, l968, not exceeding:	81363

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	81364
of construction was three thousand five hundred dollars or more	81365
per bed;	81366

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	81367
of construction was less than three thousand five hundred dollars	81368
per bed.	81369

(3) For ~~facilities~~ICFs/MR with dates of licensure after	81370
December 31, l967, but prior to January 1, l976, not exceeding:	81371

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	81372
of construction was five thousand one hundred fifty dollars or	81373
more per bed;	81374

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	81375
of construction was less than five thousand one hundred fifty	81376
dollars per bed, but exceeds three thousand five hundred dollars	81377
per bed;	81378

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	81379
of construction was three thousand five hundred dollars or less	81380
per bed.	81381

(4) For ~~facilities~~ICFs/MR with dates of licensure after	81382
December 31, l975, but prior to January 1, l979, not exceeding:	81383

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	81384
of construction was six thousand eight hundred dollars or more per	81385
bed;	81386

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	81387
of construction was less than six thousand eight hundred dollars	81388
per bed but exceeds five thousand one hundred fifty dollars per	81389
bed;	81390

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	81391
of construction was five thousand one hundred fifty dollars or	81392
less per bed, but exceeds three thousand five hundred dollars per	81393
bed;	81394

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	81395
of construction was three thousand five hundred dollars or less	81396
per bed.	81397

(5) For ~~facilities~~ICFs/MR with dates of licensure after	81398
December 31, l978, but prior to January 1, l980, not exceeding:	81399

(a) Six dollars ~~per patient day~~ if the cost of construction	81400
was seven thousand six hundred twenty-five dollars or more per	81401
bed;	81402

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	81403
of construction was less than seven thousand six hundred	81404
twenty-five dollars per bed but exceeds six thousand eight hundred	81405
dollars per bed;	81406

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	81407
of construction was six thousand eight hundred dollars or less per	81408
bed but exceeds five thousand one hundred fifty dollars per bed;	81409

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	81410
of construction was five thousand one hundred fifty dollars or	81411
less but exceeds three thousand five hundred dollars per bed;	81412

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	81413
of construction was three thousand five hundred dollars or less	81414
per bed.	81415

(6) For ~~facilities~~ICFs/MR with dates of licensure after	81416
December 31, 1979, but prior to January 1, 1981, not exceeding:	81417

(a) Twelve dollars ~~per patient day~~ if the beds were	81418
originally licensed as residential facility beds by the department	81419
of developmental disabilities;	81420

(b) Six dollars ~~per patient day~~ if the beds were originally	81421
licensed as nursing home beds by the department of health.	81422

(7) For ~~facilities~~ICFs/MR with dates of licensure after	81423
December 31, 1980, but prior to January 1, 1982, not exceeding:	81424

(a) Twelve dollars ~~per patient day~~ if the beds were	81425
originally licensed as residential facility beds by the department	81426
of developmental disabilities;	81427

(b) Six dollars and forty-five cents ~~per patient day~~ if the	81428
beds were originally licensed as nursing home beds by the	81429
department of health.	81430

(8) For ~~facilities~~ICFs/MR with dates of licensure after	81431
December 31, 1981, but prior to January 1, 1983, not exceeding:	81432

(a) Twelve dollars ~~per patient day~~ if the beds were	81433
originally licensed as residential facility beds by the department	81434
of developmental disabilities;	81435

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	81436
beds were originally licensed as nursing home beds by the	81437
department of health.	81438

(9) For ~~facilities~~ICFs/MR with dates of licensure after	81439
December 31, 1982, but prior to January 1, 1984, not exceeding:	81440

(a) Twelve dollars ~~per patient day~~ if the beds were	81441
originally licensed as residential facility beds by the department	81442
of developmental disabilities;	81443

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	81444
were originally licensed as nursing home beds by the department of	81445
health.	81446

(10) For ~~facilities~~ICFs/MR with dates of licensure after	81447
December 31, 1983, but prior to January 1, 1985, not exceeding:	81448

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	81449
the beds were originally licensed as residential facility beds by	81450
the department of developmental disabilities;	81451

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	81452
the beds were originally licensed as nursing home beds by the	81453
department of health.	81454

(11) For ~~facilities~~ICFs/MR with dates of licensure after	81455
December 31, 1984, but prior to January 1, 1986, not exceeding:	81456

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	81457
the beds were originally licensed as residential facility beds by	81458
the department of developmental disabilities;	81459

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	81460
were originally licensed as nursing home beds by the department of	81461
health.	81462

(12) For ~~facilities~~ICFs/MR with dates of licensure after	81463
December 31, 1985, but prior to January 1, 1987, not exceeding:	81464

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	81465
beds were originally licensed as residential facility beds by the	81466
department of developmental disabilities;	81467

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	81468
were originally licensed as nursing home beds by the department of	81469
health.	81470

(13) For ~~facilities~~ICFs/MR with dates of licensure after	81471
December 31, 1986, but prior to January 1, 1988, not exceeding:	81472

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	81473
the beds were originally licensed as residential facility beds by	81474
the department of developmental disabilities;	81475

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	81476
the beds were originally licensed as nursing home beds by the	81477
department of health.	81478

(14) For ~~facilities~~ICFs/MR with dates of licensure after	81479
December 31, 1987, but prior to January 1, 1989, not exceeding	81480
thirteen dollars and twenty-six cents ~~per patient day~~;	81481

(15) For ~~facilities~~ICFs/MR with dates of licensure after	81482
December 31, 1988, but prior to January 1, 1990, not exceeding	81483
thirteen dollars and forty-six cents ~~per patient day~~;	81484

(16) For ~~facilities~~ICFs/MR with dates of licensure after	81485
December 31, 1989, but prior to January 1, 1991, not exceeding	81486
thirteen dollars and sixty cents ~~per patient day~~;	81487

(17) For ~~facilities~~ICFs/MR with dates of licensure after	81488
December 31, 1990, but prior to January 1, 1992, not exceeding	81489
thirteen dollars and forty-nine cents ~~per patient day~~;	81490

(18) For ~~facilities~~ICFs/MR with dates of licensure after	81491
December 31, 1991, but prior to January 1, 1993, not exceeding	81492
thirteen dollars and sixty-seven cents ~~per patient day~~;	81493

(19) For ~~facilities~~ICFs/MR with dates of licensure after	81494
December 31, 1992, not exceeding fourteen dollars and twenty-eight	81495
cents ~~per patient day~~.	81496

(C)(1) The costs of ownership per diem payment rate for an	81497
ICF/MR with eight or fewer beds shall not exceed the following	81498
limits:	81499

(a) Eighteen dollars and thirty cents as adjusted for	81500
inflation pursuant to division (C)(2) of this section if any of	81501
the following apply to the ICF/MR:	81502

(i) The ICF/MR has a date of licensure, or was granted	81503
project authorization by the department of developmental	81504
disabilities, before July 1, 1993.	81505

(ii) The ICF/MR has a date of licensure, or was granted	81506
project authorization by the department, on or after July 1, 1993,	81507
and the provider demonstrates that the provider made substantial	81508
commitments of funds for the ICF/MR before that date.	81509

(iii) The ICF/MR has a date of licensure, or was granted	81510
project authorization by the department, on or after July 1, 1993,	81511
the provider made no substantial commitment of funds for the	81512
ICF/MR before that date, and the department of job and family	81513
services or department of developmental disabilities gave prior	81514
approval for the ICF/MR's construction.	81515

(b) If division (C)(1)(a) of this section does not apply to	81516
the ICF/MR, the amount that would apply to the ICF/MR under	81517
division (B) of this section if it had more than eight beds.	81518

(2) The eighteen-dollar and thirty-cent payment rate	81519
specified in division (C)(1)(a) of this section shall be increased	81520
as follows:	81521

(a) For the period beginning June 30, 1990, and ending July	81522
1, 1993, by the change in the "Dodge building cost indexes,	81523
northeastern and north central states," published by Marshall and	81524
Swift;	81525

(b) For each fiscal year thereafter, in accordance with	81526
division (F) of this section.	81527

(D)(1) Beginning January 1, 1981, regardless of the original	81528
date of licensure, the ~~department of job and family services shall~~	81529
~~pay a~~payment rate for the per diem capitalized costs of	81530
nonextensive renovations ~~to intermediate care facilities for the~~	81531
~~mentally retarded~~ made after January 1, l981, to a qualifying	81532
ICF/MR, shall not ~~exceeding~~exceed six dollars per ~~patient~~	81533
medicaid day using 1980 as the base year and adjusting the amount	81534
annually until June 30, 1993, for fluctuations in construction	81535
costs calculated by the department using the "Dodge building cost	81536
indexes, northeastern and north central states," published by	81537
Marshall and Swift. The payment rate shall be further adjusted in	81538
accordance with division (F) of this section. The payment provided	81539
for in this division is the only payment that shall be made for	81540
~~the~~an ICF/MR's capitalized costs of a nonextensive ~~renovation of~~	81541
~~an intermediate care facility for the mentally retarded~~	81542
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	81543
renovations shall not be included in ~~cost~~costs of ownership, and	81544
~~a nonextensive renovation~~ shall not affect the date of licensure	81545
for purposes of division (B) or (C) of this section. This division	81546
applies to nonextensive renovations regardless of whether they are	81547
made by an owner or a lessee. If the tenancy of a lessee that has	81548
made nonextensive renovations ends before the depreciation expense	81549
for the ~~renovation~~ costs of nonextensive renovations has been	81550
fully reported, the former lessee shall not report the	81551
undepreciated balance as an expense.	81552

~~For a nonextensive renovation to qualify~~(2) An ICF/MR	81553
qualifies for a payment ~~under this division, both~~for costs of	81554
nonextensive renovations if all of the following ~~conditions must~~	81555
~~be met~~apply:	81556

~~(1)~~(a) The ICF/MR has eight or fewer beds.

81557

(b) At least five years have elapsed since the ICF/MR's date	81558
of licensure or date of an extensive renovation of the portion of	81559
the ~~facility~~ICF/MR that is proposed to be nonextensively	81560
renovated, ~~except that this condition does not apply if~~unless the	81561
nonextensive renovation is necessary to meet the requirements of	81562
federal, state, or local statutes, ordinances, rules, or policies.	81563

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	81564
~~department of job and family services. The provider shall submit~~	81565
of the ICF/MR does both of the following:	81566

(i) Submits to the department a plan that describes in detail	81567
the changes in capital assets to be accomplished by means of the	81568
nonextensive renovation and the timetable for completing the	81569
project~~. The time for completion of the project~~, which shall be no	81570
not more than eighteen months after the nonextensive renovation	81571
begins;	81572

(ii) Obtains prior approval from the department for the	81573
nonextensive renovation. ~~The~~	81574

(3) The director of ~~job and family services~~developmental	81575
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	81576
the Revised Code that specify criteria and procedures for prior	81577
approval of nonextensive renovation projects. No provider shall	81578
separate a project with the intent to evade the characterization	81579
of the project as a renovation or as an extensive renovation. No	81580
provider shall increase the scope of a project after it is	81581
approved by the department ~~of job and family services~~ unless the	81582
increase in scope is approved by the department.	81583

(E)(1) Subject to division (E)(2) of this section, an	81584
ICF/MR's per medicaid day efficiency incentive payment rate shall	81585
equal the following percentage of the difference between the	81586
ICF/MR's desk-reviewed, actual, allowable per diem costs of	81587
ownership and the applicable limit on costs of ownership payment	81588
rates established by division (B) of this section:	81589

(a) In the case of an ICF/MR with more than eight beds,	81590
twenty-five per cent;	81591

(b) In the case of an ICF/MR with eight or fewer beds, fifty	81592
per cent.	81593

(2) The efficiency incentive payment rate for an ICF/MR with	81594
eight or fewer beds shall not exceed three dollars per medicaid	81595
day, adjusted annually in accordance with division (F) of this	81596
section. For the purpose of determining an ICF/MR's efficiency	81597
incentive payment rate, both of the following apply:	81598

(a) Depreciation for costs paid or reimbursed by any	81599
government agency shall be considered as a cost of ownership;	81600

(b) The applicable limit under division (B) of this section	81601
shall apply both to ICFs/MR with more than eight beds and ICFs/MR	81602
with eight or fewer beds.	81603

(F) The amounts specified in divisions (B), (C) ~~and~~, (D), and	81604
(E) of this section shall be adjusted beginning July 1, 1993, for	81605
the estimated inflation rate for the twelve-month period beginning	81606
on the first day of July of the calendar year immediately	81607
preceding the calendar year that immediately precedes the fiscal	81608
year for which rate will be paid and ending on the thirtieth day	81609
of the following June, using the consumer price index for shelter	81610
costs for all urban consumers for the north central region, as	81611
published by the United States bureau of labor statistics.	81612

~~(F)(1) For facilities of eight or fewer beds that have dates~~	81613
~~of licensure or have been granted project authorization by the~~	81614
~~department of developmental disabilities before July 1, 1993, and~~	81615
~~for facilities of eight or fewer beds that have dates of licensure~~	81616
~~or have been granted project authorization after that date if the~~	81617
~~providers of the facilities demonstrate that they made substantial~~	81618
~~commitments of funds on or before that date, cost of ownership~~	81619
~~shall not exceed eighteen dollars and thirty cents per resident~~	81620
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	81621
~~increased by the change in the "Dodge building cost indexes,~~	81622
~~northeastern and north central states," published by Marshall and~~	81623
~~Swift, during the period beginning June 30, 1990, and ending July~~	81624
~~1, 1993, and by the change in the consumer price index for shelter~~	81625
~~costs for all urban consumers for the north central region, as~~	81626
~~published by the United States bureau of labor statistics,~~	81627
~~annually thereafter.~~	81628

~~(2) For facilities with eight or fewer beds that have dates~~	81629
~~of licensure or have been granted project authorization by the~~	81630
~~department of developmental disabilities on or after July 1, 1993,~~	81631
~~for which substantial commitments of funds were not made before~~	81632
~~that date, cost of ownership payments shall not exceed the~~	81633
~~applicable amount calculated under division (F)(1) of this~~	81634
~~section, if the department of job and family services gives prior~~	81635
~~approval for construction of the facility. If the department does~~	81636
~~not give prior approval, cost of ownership payments shall not~~	81637
~~exceed the amount specified in division (C) of this section.~~	81638

~~(3)~~(G) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	81639
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	81640
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	81641
costs of nonextensive renovations, and the efficiency incentive	81642
for an ~~intermediate care facility for the mentally retarded~~	81643
ICF/MR with eight or fewer beds shall not exceed the sum of the	81644
limitations specified in divisions (C) and (D) of this section.	81645

~~(G) Notwithstanding any provision of this section or section~~	81646
~~5111.241 of the Revised Code, the director of job and family~~	81647
~~services may adopt rules under section 5111.02 of the Revised Code~~	81648
~~that provide for a calculation of a combined maximum payment limit~~	81649
~~for indirect care costs and cost of ownership for intermediate~~	81650
~~care facilities for the mentally retarded with eight or fewer~~	81651
~~beds.~~	81652

(H) ~~The department of job and family services shall pay a~~	81653
~~provider for each of the provider's eligible proprietary~~	81654
~~intermediate care facilities for the mentally retarded a return on~~	81655
~~the facility's net equity computed at the rate of one and one-half~~	81656
~~times the average of interest rates on special issues of public~~	81657
~~debt obligations issued to the federal hospital insurance trust~~	81658
~~fund for the cost reporting period. No facility's return on net~~	81659
~~equity paid under this division shall exceed one dollar per~~	81660
~~patient day.~~	81661

~~In calculating the rate for return on net equity, the~~	81662
~~department shall use the greater of the facility's inpatient days~~	81663
~~during the applicable cost reporting period or the number of~~	81664
~~inpatient days the facility would have had during that period if~~	81665
~~its occupancy rate had been ninety-five per cent.~~(1) For the	81666
purpose of determining ICFs/MR's medicaid payment rates for	81667
capital costs:	81668

(a) Buildings shall be depreciated using the straight line	81669
method over forty years or over a different period approved by the	81670
department.	81671

(b) Components and equipment shall be depreciated using the	81672
straight line method over a period designated by the director of	81673
developmental disabilities in rules adopted under section 5124.03	81674
of the Revised Code, consistent with the guidelines of the	81675
American hospital association, or over a different period approved	81676
by the department.	81677

(2) Any rules authorized by division (H)(1) of this section	81678
that specify useful lives of buildings, components, or equipment	81679
apply only to assets acquired on or after July 1, 1993.	81680
Depreciation for costs paid or reimbursed by any government agency	81681
shall not be included in costs of ownership or costs of	81682
nonextensive renovations unless that part of the payment under	81683
this chapter is used to reimburse the government agency.	81684

(I)(1) Except as provided in division (I)(2) of this section,	81685
if a provider leases or transfers an interest in ~~a facility~~an	81686
ICF/MR to another provider who is a related party, the related	81687
party's allowable ~~cost~~costs of ownership shall include the lesser	81688
of the following:	81689

(a) The annual lease expense or actual cost of ownership,	81690
whichever is applicable;	81691

(b) The reasonable cost to the lessor or provider making the	81692
transfer.	81693

(2) If a provider leases or transfers an interest in a	81694
~~facility~~an ICF/MR to another provider who is a related party,	81695
regardless of the date of the lease or transfer, the related	81696
party's allowable cost of ownership shall include the annual lease	81697
expense or actual cost of ownership, whichever is applicable,	81698
subject to the limitations specified in divisions (B) to (H) of	81699
this section, if all of the following conditions are met:	81700

(a) The related party is a relative of owner;

81701

(b) In the case of a lease, if the lessor retains any	81702
ownership interest, it is, except as provided in division	81703
(I)(2)(d)(ii) of this section, in only the real property and any	81704
improvements on the real property;	81705

(c) In the case of a transfer, the provider making the	81706
transfer retains, except as provided in division (I)(2)(d)(iv) of	81707
this section, no ownership interest in the ~~facility~~ICF/MR;	81708

(d) The department ~~of job and family services~~ determines that	81709
the lease or transfer is an arm's length transaction pursuant to	81710
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	81711
The rules shall provide that a lease or transfer is an arm's	81712
length transaction if all of the following, as applicable, apply:	81713

(i) In the case of a lease, once the lease goes into effect,	81714
the lessor has no direct or indirect interest in the lessee or,	81715
except as provided in division (I)(2)(b) of this section, the	81716
~~facility~~ICF/MR itself, including interest as an owner, officer,	81717
director, employee, independent contractor, or consultant, but	81718
excluding interest as a lessor.	81719

(ii) In the case of a lease, the lessor does not reacquire an	81720
interest in the ~~facility~~ICF/MR except through the exercise of a	81721
lessor's rights in the event of a default. If the lessor	81722
reacquires an interest in the ~~facility~~ICF/MR in this manner, the	81723
department shall treat the ~~facility~~ICF/MR as if the lease never	81724
occurred when the department ~~calculates~~determines its	81725
~~reimbursement rates~~payment rate for capital costs.	81726

(iii) In the case of a transfer, once the transfer goes into	81727
effect, the provider that made the transfer has no direct or	81728
indirect interest in the provider that acquires the ~~facility~~	81729
ICF/MR or the ~~facility~~ICF/MR itself, including interest as an	81730
owner, officer, director, employee, independent contractor, or	81731
consultant, but excluding interest as a creditor.	81732

(iv) In the case of a transfer, the provider that made the	81733
transfer does not reacquire an interest in the ~~facility~~ICF/MR	81734
except through the exercise of a creditor's rights in the event of	81735
a default. If the provider reacquires an interest in the ~~facility~~	81736
ICF/MR in this manner, the department shall treat the ~~facility~~	81737
ICF/MR as if the transfer never occurred when the department	81738
~~calculates~~determines its ~~reimbursement rates~~payment rate for	81739
capital costs.	81740

(v) The lease or transfer satisfies any other criteria	81741
specified in the rules.	81742

(e) Except in the case of hardship caused by a catastrophic	81743
event, as determined by the department, or in the case of a lessor	81744
or provider making the transfer who is at least sixty-five years	81745
of age, not less than twenty years have elapsed since, for the	81746
same ~~facility~~ICF/MR, allowable cost of ownership was determined	81747
most recently under this division.	81748

~~Sec. 5111.23.~~ Sec. 5124.19. (A)(1) The department of ~~job and~~	81749
~~family services~~developmental disabilities shall ~~pay a provider~~	81750
~~for~~prospectively determine each ~~of the provider's eligible~~	81751
~~intermediate care facilities for the mentally retarded a~~ICF/MR's	81752
per ~~resident per~~medicaid day payment rate for direct care costs	81753
~~established prospectively for each facility. The department shall~~	81754
~~establish each facility's rate for direct care costs quarterly~~as	81755
follows:	81756

(a) Multiply the lesser of the following by the ICF/MR's	81757
case-mix score determined or assigned under section 5124.192 of	81758
the Revised Code for the calendar quarter that preceded the	81759
immediately preceding calendar quarter:	81760

(i) The ICF/MR's cost per case-mix unit for the calendar year	81761
immediately preceding the fiscal year in which the rate will be	81762
paid, as determined under division (B) of this section;	81763

(ii) The maximum cost per case-mix unit for the ICF/MR's peer	81764
group for the fiscal year in which the rate will be paid, as set	81765
under division (C) of this section;	81766

(b) Adjust the product determined under division (A)(1)(a) of	81767
this section by the inflation rate estimated under division (D)(1)	81768
of this section and modified under division (D)(2) of this	81769
section.	81770

(2) Except as otherwise directed by law enacted by the	81771
general assembly, the department shall prospectively determine	81772
each ICF/MR's rate for direct care costs for each quarter of every	81773
fiscal year.	81774

(B) ~~Each facility's rate for direct care costs shall be based~~	81775
~~on the facility's cost per case-mix unit, subject to the maximum~~	81776
~~costs per case-mix unit established under division (B)(2) of this~~	81777
~~section, from the calendar year preceding the fiscal year in which~~	81778
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	81779
~~all of the following:~~	81780

~~(1) Determine each facility's~~an ICF/MR's cost per case-mix	81781
unit for the calendar year immediately preceding the fiscal year	81782
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	81783
department shall divide the ICF/MR's desk-reviewed, actual,	81784
allowable, per diem direct care costs for that calendar year by	81785
its annual average case-mix score determined under section	81786
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	81787

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	81788
be paid, the department shall set the maximum cost per case-mix	81789
unit for each peer group of ~~intermediate care facilities for the~~	81790
~~mentally retarded~~ICFs/MR with more than eight beds ~~specified in~~	81791
~~rules adopted under division (F) of this section~~ at a percentage	81792
above the cost per case-mix unit ofdetermined under division (B)	81793
of this section for the ~~facility~~ICF/MR in the peer group that has	81794
the peer group's median number of medicaid ~~day~~days for the	81795
calendar year immediately preceding the fiscal year in which the	81796
rate will be paid~~, as calculated under division (B)(1) of this~~	81797
~~section, that is~~. The percentage shall be no less than the	81798
percentage ~~calculated under division (E)(2) of this section~~above	81799
the cost per case-mix unit determined under division (B) of this	81800
section for the ICF/MR that has the median number of medicaid days	81801
for calendar year 1992 for all ICFs/MR with more than eight beds	81802
that would result in payment of all desk-reviewed, actual,	81803
allowable direct care costs for eighty and one-half per cent of	81804
the medicaid days for such ICFs/MR for calendar year 1992.	81805

~~(b) Set~~(2) For each fiscal year for which a rate will be	81806
paid, the department shall set the maximum cost per case-mix unit	81807
for each peer group of ~~intermediate care facilities for the~~	81808
~~mentally retarded~~ICFs/MR with eight or fewer beds ~~specified in~~	81809
~~rules adopted under division (F) of this section~~ at a percentage	81810
above the cost per case-mix unit ofdetermined under division (B)	81811
of this section for the ~~facility~~ICF/MR in the peer group that has	81812
the peer group's median number of medicaid ~~day~~days for the	81813
calendar year immediately preceding the fiscal year in which the	81814
rate will be paid~~, as calculated under division (B)(1) of this~~	81815
~~section, that is~~. The percentage shall be no less than the	81816
percentage ~~calculated under division (E)(3) of this section~~above	81817
the cost per case-mix unit determined under division (B) of this	81818
section for the ICF/MR that has the median number of medicaid days	81819
for calendar year 1992 for all ICFs/MR with eight or fewer beds	81820
that would result in payment of all desk-reviewed, actual,	81821
allowable direct care costs for eighty and one-half per cent of	81822
the medicaid days for such ICFs/MR for calendar year 1992.	81823

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	81824
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	81825
section for each peer group, the department shall exclude from its	81826
~~calculations~~determinations the cost per case-mix unit of any	81827
~~facility~~ICF/MR in the peer group that participated in the	81828
medicaid program under the same ~~operator~~provider for less than	81829
twelve months during the calendar year immediately preceding the	81830
fiscal year in which the rate will be paid.	81831

~~(3) Estimate~~(4) The department shall not reset a peer	81832
group's maximum cost per case-mix unit for a fiscal year under	81833
division (C)(1) or (2) of this section based on additional	81834
information that it receives after it sets the maximum for that	81835
fiscal year. The department shall reset a peer group's maximum	81836
cost per case-mix unit for a fiscal year only if it made an error	81837
in setting the maximum for that fiscal year based on information	81838
available to the department at the time it originally sets the	81839
maximum for that fiscal year.	81840

(D)(1) The department shall estimate the rate of inflation	81841
for the eighteen-month period beginning on the first day of July	81842
of the calendar year preceding the fiscal year in which ~~the~~a rate	81843
will be paid and ending on the thirty-first day of December of the	81844
fiscal year in which the rate will be paid, using the ~~index~~	81845
~~specified in division (C) of this section. If the estimated~~	81846
~~inflation rate for the eighteen-month period is different from the~~	81847
~~actual inflation rate for that period, as measured using the same~~	81848
~~index, the difference shall be added to or subtracted from the~~	81849
~~inflation rate estimated under division (B)(3) of this section for~~	81850
~~the following fiscal year.~~	81851

~~(4) The department shall not recalculate a maximum cost per~~	81852
~~case-mix unit under division (B)(2) of this section or a~~	81853
~~percentage under division (E) of this section based on additional~~	81854
~~information that it receives after the maximum costs per case-mix~~	81855
~~unit or percentages are set. The department shall recalculate a~~	81856
~~maximum cost per case-mix units or percentage only if it made an~~	81857
~~error in computing the maximum cost per case-mix unit or~~	81858
~~percentage based on information available at the time of the~~	81859
~~original calculation.~~	81860

~~(C) The department shall use the~~ following ~~index for the~~	81861
~~purpose of division (B)(3) of this section~~:	81862

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	81863
the employment cost index for total compensation, health services	81864
component, published by the United States bureau of labor	81865
statistics;	81866

~~(2)~~(b) If the United States bureau of labor statistics ceases	81867
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	81868
section, the index that is subsequently published by the bureau	81869
and covers ~~nursing facilities'~~the staff costs of ICFs/MR.	81870

~~(D) Each facility's rate for direct care costs shall be~~	81871
~~determined as follows for each calendar quarter within a fiscal~~	81872
~~year:~~	81873

~~(1) Multiply the lesser of the following by the facility's~~	81874
~~average case-mix score determined under section 5111.232 of the~~	81875
~~Revised Code for the calendar quarter that preceded the~~	81876
~~immediately preceding calendar quarter:~~	81877

~~(a) The facility's cost per case-mix unit for the calendar~~	81878
~~year preceding the fiscal year in which the rate will be paid, as~~	81879
~~determined under division (B)(1) of this section;~~	81880

~~(b) The maximum cost per case-mix unit established for the~~	81881
~~fiscal year in which the rate will be paid for the facility's peer~~	81882
~~group under division (B)(2) of this section;~~	81883

~~(2) Adjust the product determined under division (D)(1) of~~	81884
~~this section by the inflation rate estimated under division (B)(3)~~	81885
~~of this section.~~	81886

~~(E)(1) The department shall calculate the percentage above~~	81887
~~the median cost per case-mix unit determined under division (B)(1)~~	81888
~~of this section for the facility that has the median medicaid day~~	81889
~~for calendar year 1992 for all intermediate care facilities for~~	81890
~~the mentally retarded with more than eight beds that would result~~	81891
~~in payment of all desk-reviewed, actual, allowable direct care~~	81892
~~costs for eighty and one-half per cent of the medicaid days for~~	81893
~~such facilities for calendar year 1992.~~	81894

~~(2) The department shall calculate the percentage above the~~	81895
~~median cost per case-mix unit determined under division (B)(1) of~~	81896
~~this section for the facility that has the median medicaid day for~~	81897
~~calendar year 1992 for all intermediate care facilities for the~~	81898
~~mentally retarded with eight or fewer beds that would result in~~	81899
~~payment of all desk-reviewed, actual, allowable direct care costs~~	81900
~~for eighty and one-half per cent of the medicaid days for such~~	81901
~~facilities for calendar year 1992.~~	81902

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	81903
period specified in division (D)(1) of this section is different	81904
from the actual inflation rate for that period, as measured using	81905
the same index, the difference shall be added to or subtracted	81906
from the inflation rate estimated under division (D)(1) of this	81907
section for the following fiscal year.	81908

(E) The director of ~~job and family services~~developmental	81909
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	81910
the Revised Code that specify peer groups of ~~intermediate care~~	81911
~~facilities for the mentally retarded~~ICFs/MR with more than eight	81912
beds and ~~intermediate care facilities for the mentally retarded~~	81913
peer groups of ICFs/MR with eight or fewer beds, based on findings	81914
of significant per diem direct care cost differences due to	81915
geography and ~~facility~~ bed-size. The rules also may specify peer	81916
groups based on findings of significant per diem direct care cost	81917
differences due to other factors which may include case-mix.	81918

~~(G) The department, in accordance with division (D) of~~	81919
~~section 5111.232 of the Revised Code and rules adopted under~~	81920
~~division (F) of that section, may assign case-mix scores or costs~~	81921
~~per case-mix unit if a provider fails to submit assessment data~~	81922
~~necessary to calculate an intermediate care facility for the~~	81923
~~mentally retarded's case-mix score in accordance with that~~	81924
~~section.~~	81925

Sec. 5124.191. Each calendar quarter, each ICF/MR provider	81926
shall compile complete assessment data for each resident of each	81927
of the provider's ICFs/MR, regardless of payment source, who is in	81928
the ICF/MR, or on hospital or therapeutic leave from the ICF/MR,	81929
on the last day of the quarter. A resident assessment instrument	81930
specified in rules adopted under section 5124.03 of the Revised	81931
Code shall be used to compile the resident assessment data. Each	81932
provider shall submit the resident assessment data to the	81933
department of developmental disabilities not later than fifteen	81934
days after the end of the calendar quarter for which the data is	81935
compiled. The resident assessment data shall be submitted to the	81936
department through the medium or media specified in rules adopted	81937
under section 5124.03 of the Revised Code.	81938

Sec. 5124.192. (A) Except as provided in division (B) of	81939
this section, the department of developmental disabilities shall	81940
do both of the following:	81941

(1) For each calendar quarter, determine a case-mix score for	81942
each ICF/MR using the resident assessment data submitted to the	81943
department under section 5124.191 of the Revised Code and the	81944
grouper methodology prescribed in rules authorized by this	81945
section;	81946

(2) After the end of each calendar year and in accordance	81947
with rules authorized by this section, determine an annual average	81948
case-mix score for each ICF/MR using the ICF/MR's quarterly	81949
case-mix scores for that calendar year.	81950

(B)(1) Subject to division (B)(2) of this section, the	81951
department, for one or more months of a calendar quarter, may	81952
assign to an ICF/MR a case-mix score that is five per cent less	81953
than the ICF/MR's case-mix score for the immediately preceding	81954
calendar quarter if any of the following apply:	81955

(a) The provider does not timely submit complete and accurate	81956
resident assessment data necessary to determine the ICF/MR's	81957
case-mix score for the calendar quarter;	81958

(b) The ICF/MR was subject to an exception review under	81959
section 5124.193 of the Revised Code for the immediately preceding	81960
calendar quarter;	81961

(c) The ICF/MR was assigned a case-mix score for the	81962
immediately preceding calendar quarter.	81963

(2) Before assigning a case-mix score to an ICF/MR due to the	81964
submission of incorrect resident assessment data, the department	81965
shall permit the provider to correct the data. The department may	81966
assign the case-mix score if the provider fails to submit the	81967
corrected resident assessment data not later than eighty days	81968
after the end of the calendar quarter to which the data pertains	81969
or later due date specified in rules authorized by this section.	81970

(3) If, for more than six months during a calendar year, a	81971
provider is paid a rate determined for an ICF/MR using a case-mix	81972
score assigned to the ICF/MR under division (B)(1) of this	81973
section, the department may assign the ICF/MR a cost per case-mix	81974
unit that is five per cent less than the ICF/MR's actual or	81975
assigned cost per case-mix unit for the immediately preceding	81976
calendar year. The department may use the assigned cost per	81977
case-mix unit, instead of determining the ICF/MR's actual cost per	81978
case-mix unit in accordance with section 5124.19 of the Revised	81979
Code, to establish the ICF/MR's rate for direct care costs for the	81980
fiscal year immediately following the calendar year for which the	81981
cost per case-mix unit is assigned.	81982

(4) The department shall take action under division (B)(1),	81983
(2), or (3) of this section only in accordance with rules	81984
authorized by this section. The department shall not take an	81985
action that affects medicaid payment rates for prior payment	81986
periods except in accordance with sections 5124.41 and 5124.42 of	81987
the Revised Code.	81988

(C) The director of developmental disabilities shall adopt	81989
rules under section 5124.03 of the Revised Code as necessary to	81990
implement this section.	81991

(1) The rules shall do all of the following:

81992

(a) Prescribe a grouper methodology to be used when	81993
determining the case-mix scores for ICFs/MR;	81994

(b) Specify the process for determining the annual average	81995
case-mix scores for ICFs/MR;	81996

(c) Establish procedures under which resident assessment data	81997
is to be reviewed for accuracy and providers are to be notified of	81998
any data that requires correction;	81999

(d) Establish procedures for providers to correct resident	82000
assessment data and, if necessary, specify a due date for	82001
corrections that is later than the due date specified in division	82002
(B)(2) of this section.	82003

(e) Specify when and how the department will assign a	82004
case-mix score or cost per case-mix unit to an ICF/MR under	82005
division (B) of this section if information necessary to calculate	82006
the ICF/MR's case-mix score is not provided or corrected in	82007
accordance with the procedures established by the rules.	82008

(2) Notwithstanding any other provision of this chapter, the	82009
rules may provide for excluding case-mix scores assigned to an	82010
ICF/MR under division (B) of this section from the determination	82011
of the ICF/MR's annual average case-mix score and the maximum cost	82012
per case-mix unit for the ICF/MR's peer group.	82013

Sec. 5124.193. (A) The department of developmental	82014
disabilities may, pursuant to rules authorized by this section,	82015
conduct an exception review of resident assessment data submitted	82016
by an ICF/MR provider under section 5124.191 of the Revised Code.	82017
The department may conduct an exception review based on the	82018
findings of a medicaid certification survey conducted by the	82019
department of health, a risk analysis, or prior performance of the	82020
provider.	82021

Exception reviews shall be conducted at the ICF/MR by	82022
appropriate health professionals under contract with or employed	82023
by the department. The professionals may review resident	82024
assessment forms and supporting documentation, conduct interviews,	82025
and observe residents to identify any patterns or trends of	82026
inaccurate resident assessments and resulting inaccurate case-mix	82027
scores.	82028

(B) If an exception review is conducted before the effective	82029
date of an ICF/MR's rate for direct care costs that is based on	82030
the resident assessment data being reviewed and the review results	82031
in findings that exceed tolerance levels specified in the rules	82032
authorized by this section, the department, in accordance with the	82033
rules authorized by this section, may use the findings to	82034
redetermine individual resident case-mix scores, the ICF/MR's	82035
case-mix score for the quarter, and the ICF/MR's annual average	82036
case-mix score. The department may use the ICF/MR's redetermined	82037
quarterly and annual average case-mix scores to determine the	82038
ICF/MR's rate for direct care costs for the appropriate calendar	82039
quarter or quarters.	82040

(C) The department shall prepare a written summary of any	82041
exception review finding that is made after the effective date of	82042
an ICF/MR's rate for direct care costs that is based on the	82043
resident assessment data that was reviewed. Where the provider is	82044
pursuing judicial or administrative remedies in good faith	82045
regarding the finding, the department shall not withhold from the	82046
provider's current payments any amounts the department claims to	82047
be due from the provider pursuant to section 5124.41 of the	82048
Revised Code.	82049

(D)(1) The director of developmental disabilities shall adopt	82050
rules under section 5124.03 of the Revised Code as necessary to	82051
implement this section. The rules shall establish an exception	82052
review program that does all of the following:	82053

(a) Requires each exception review to comply with Title XIX;

82054

(b) Requires a written summary for each exception review that	82055
states whether resident assessment forms have been completed	82056
accurately;	82057

(c) Prohibits each health professional who conducts an	82058
exception review from doing either of the following:	82059

(i) During the period of the professional's contract or	82060
employment with the department, having or being committed to	82061
acquire any direct or indirect financial interest in the	82062
ownership, financing, or operation of ICFs/MR in this state;	82063

(ii) Reviewing any provider that has been a client of the	82064
professional.	82065

(2) For the purposes of division (D)(1)(c)(i) of this	82066
section, employment of a member of a health professional's family	82067
by an ICF/MR that the professional does not review does not	82068
constitute a direct or indirect financial interest in the	82069
ownership, financing, or operation of the ICF/MR.	82070

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	82071
be part of the direct care costs of an ~~intermediate care facility~~	82072
~~for the mentally retarded~~ICF/MR as off-site day programming if	82073
the area in which the day programming is provided is not certified	82074
by the director of health as an ~~intermediate care facility for the~~	82075
~~mentally retarded~~ICF/MR under Title XIX and regardless of either	82076
of the following:	82077

(A) Whether or not the area in which the day programming is	82078
provided is less than two hundred feet away from the ~~intermediate~~	82079
~~care facility for the mentally retarded~~ICF/MR;	82080

(B) Whether or not the day programming is provided by an	82081
individual who, or organization that, is a related party to the	82082
provider of the ~~intermediate care facility for the mentally~~	82083
~~retarded~~ICF/MR.	82084

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	82085
department of ~~job and family services~~developmental disabilities	82086
shall ~~pay a provider for~~prospectively determine each ~~of the~~	82087
~~provider's eligible intermediate care facilities for the mentally~~	82088
~~retarded a~~ICF/MR's per ~~resident per~~medicaid day payment rate	82089
for indirect care costs ~~established prospectively each fiscal year~~	82090
~~for each facility~~. ~~The~~Subject to section 5124.28 of the Revised	82091
Code, an ICF/MR's rate ~~for each intermediate care facility for the~~	82092
~~mentally retarded~~ shall be the ~~sum of the following, but shall not~~	82093
~~exceed~~lesser of the individual rate determined under division (B)	82094
of this section and the maximum rate ~~established~~determined for	82095
the ~~facility's~~ICF/MR's peer group under division ~~(B)~~(C) of this	82096
section.	82097

(B) An ICF/MR's individual rate is the sum of the following:

82098

(1) The ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	82099
per diem indirect care costs from the calendar year immediately	82100
preceding the fiscal year in which the rate will be paid, adjusted	82101
for the inflation rate estimated under division ~~(C)~~(D)(1) of this	82102
section;	82103

(2) An efficiency incentive in the following amount:

82104

(a) ~~For fiscal years ending in even-numbered calendar years:~~

82105

~~(i) In the case of intermediate care facilities for the~~	82106
~~mentally retarded with~~If the ICF/MR has more than eight beds,	82107
the following:	82108

(i) For fiscal year 2014, seven and one-tenth per cent of the	82109
maximum rate established for the ~~facility's~~ICF/MR's peer group	82110
under division ~~(B)~~(C) of this section;	82111

(ii) ~~In the case of intermediate care facilities for the~~	82112
~~mentally retarded with~~For fiscal years 2015 and 2016 and each	82113
fiscal year thereafter ending in an even-numbered calendar year,	82114
three and fifty-five hundredths per cent of the maximum rate	82115
established for the ICF/MR's peer group under division (C) of this	82116
section;	82117

(iii) For fiscal year 2017 and each fiscal year thereafter	82118
ending in an odd-numbered calendar year, the amount calculated for	82119
the immediately preceding fiscal year under division (B)(2)(a)(ii)	82120
of this section.	82121

(b) If the ICF/MR has eight or fewer beds, the following:

82122

(i) For each fiscal year ending in an even-numbered calendar	82123
year, seven per cent of the maximum rate established for the	82124
~~facility's~~ICF/MR's peer group under division ~~(B)~~(C) of this	82125
section;	82126

~~(b)~~(ii) For each fiscal ~~years~~year ending in an odd-numbered	82127
calendar ~~years~~year, the amount calculated for the immediately	82128
preceding fiscal year under division ~~(A)~~(B)(2)~~(a)~~(b)(i) of this	82129
section.	82130

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	82131
peer group of ~~intermediate care facilities for the mentally~~	82132
~~retarded~~ICFs/MR with more than eight beds ~~specified in rules~~	82133
~~adopted under division (D) of this section~~ shall be determined as	82134
follows:	82135

(a) For each fiscal ~~years~~year ending in an even-numbered	82136
calendar ~~years~~year, the maximum rate for each such peer group	82137
shall be the rate that is no less than twelve and four-tenths per	82138
cent above the median desk-reviewed, actual, allowable, per diem	82139
indirect care cost for all ~~intermediate care facilities for the~~	82140
~~mentally retarded with more than eight beds~~ICFs/MR in the peer	82141
group,(excluding ~~facilities~~ICFs/MR in the peer group whose	82142
indirect care costs for that period are more than three standard	82143
deviations from the mean desk-reviewed, actual, allowable, per	82144
diem indirect care cost for all ~~intermediate care facilities for~~	82145
~~the mentally retarded~~ICFs/MR with more than eight beds,) for the	82146
calendar year immediately preceding the fiscal year in which the	82147
rate will be paid, adjusted by the inflation rate estimated under	82148
division ~~(C)~~(D)(1) of this section.	82149

(b) For each fiscal ~~years~~year ending in an odd-numbered	82150
calendar ~~years~~year, the maximum rate for each such peer group is	82151
the peer group's maximum rate for the previous fiscal year,	82152
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	82153
of this section.	82154

(2) The maximum rate for indirect care costs for each peer	82155
group of ~~intermediate care facilities for the mentally retarded~~	82156
ICFs/MR with eight or fewer beds ~~specified in rules adopted under~~	82157
~~division (D) of this section~~ shall be determined as follows:	82158

(a) For each fiscal ~~years~~year ending in an even-numbered	82159
calendar ~~years~~year, the maximum rate for each such peer group	82160
shall be the rate that is no less than ten and three-tenths per	82161
cent above the median desk-reviewed, actual, allowable, per diem	82162
indirect care cost for all ~~intermediate care facilities for the~~	82163
~~mentally retarded with eight or fewer beds~~ICFs/MR in the peer	82164
group,(excluding ~~facilities~~ICFs/MR in the peer group whose	82165
indirect care costs are more than three standard deviations from	82166
the mean desk-reviewed, actual, allowable, per diem indirect care	82167
cost for all ~~intermediate care facilities for the mentally~~	82168
~~retarded~~ICFs/MR with eight or fewer beds,) for the calendar year	82169
immediately preceding the fiscal year in which the rate will be	82170
paid, adjusted by the inflation rate estimated under division	82171
~~(C)~~(D)(1) of this section.	82172

(b) For each fiscal ~~years that end~~year ending in an	82173
odd-numbered calendar ~~years~~year, the maximum rate for each such	82174
peer group is the peer group's maximum rate for the previous	82175
fiscal year, adjusted for the inflation rate estimated under	82176
division ~~(C)~~(D)(2) of this section.	82177

(3) The department shall not ~~recalculate~~redetermine a	82178
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	82179
(2) of this section based on additional information that it	82180
receives after the maximum rate is set. The department shall	82181
~~recalculate~~redetermine the maximum rate for indirect care costs	82182
only if it made an error in computing the maximum rate based on	82183
the information available to the department at the time of the	82184
original calculation.	82185

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	82186
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	82187
department shall estimate the rate of inflation for the	82188
eighteen-month period beginning on the first day of July of the	82189
calendar year immediately preceding the fiscal year in which the	82190
rate will be paid and ending on the thirty-first day of December	82191
of the fiscal year in which the rate will be paid. To estimate the	82192
rate of inflation, the department shall use the following:	82193

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	82194
consumer price index for all items for all urban consumers for the	82195
north central region, published by the United States bureau of	82196
labor statistics;	82197

(b) If the United States bureau of labor statistics ceases to	82198
publish the index specified in division ~~(C)~~(D)(1)(a) of this	82199
section, a comparable index that the bureau publishes and the	82200
department determines is appropriate.	82201

(2) When adjusting rates for inflation under divisions	82202
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	82203
shall estimate the rate of inflation for the twelve-month period	82204
beginning on the first day of January of the fiscal year	82205
immediately preceding the fiscal year in which the rate will be	82206
paid and ending on the thirty-first day of December of the fiscal	82207
year in which the rate will be paid. To estimate the rate of	82208
inflation, the department shall use the following:	82209

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	82210
consumer price index for all items for all urban consumers for the	82211
north central region, published by the United States bureau of	82212
labor statistics;	82213

(b) If the United States bureau of labor statistics ceases to	82214
publish the index specified in division ~~(C)~~(D)(2)(a) of this	82215
section, a comparable index that the bureau publishes and the	82216
department determines is appropriate.	82217

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	82218
or (2) of this section is different from the actual inflation rate	82219
for the relevant time period, as measured using the same index,	82220
the difference shall be added to or subtracted from the inflation	82221
rate estimated pursuant to this division for the following fiscal	82222
year.	82223

~~(D)~~(E) The director of ~~job and family services~~developmental	82224
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	82225
the Revised Code that specify peer groups of ~~intermediate care~~	82226
~~facilities for the mentally retarded~~ICFs/MR with more than eight	82227
beds, and peer groups of ~~intermediate care facilities for the~~	82228
~~mentally retarded~~ICFs/MR with eight or fewer beds, based on	82229
findings of significant per diem indirect care cost differences	82230
due to geography and ~~facility~~ bed-size. The rules also may specify	82231
peer groups based on findings of significant per diem indirect	82232
care cost differences due to other factors, including case-mix.	82233

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	82234
department of ~~job and family services~~developmental disabilities	82235
shall ~~pay a provider for~~prospectively determine each ~~of the~~	82236
~~provider's eligible intermediate care facilities for the mentally~~	82237
~~retarded a~~ICF/MR's per ~~resident per~~medicaid day payment rate	82238
for other protected costs ~~established prospectively each fiscal~~	82239
~~year for each facility~~. ~~The~~An ICF/MR's rate ~~for each facility~~	82240
shall be the ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	82241
per diem other protected costs from the calendar year immediately	82242
preceding the fiscal year in which the rate will be paid, all	82243
adjusted for the estimated inflation rate for the eighteen-month	82244
period beginning on the first day of July of the calendar year	82245
immediately preceding the fiscal year in which the rate will be	82246
paid and ending on the thirty-first day of December of that fiscal	82247
year. The department shall estimate inflation using the index	82248
specified in division (B) of this section. If the estimated	82249
inflation rate for the eighteen-month period is different from the	82250
actual inflation rate for that period, the difference shall be	82251
added to or subtracted from the inflation rate estimated for the	82252
following year.	82253

(B) The department shall use the following index for the	82254
purpose of division (A) of this section:	82255

(1) ~~The~~Subject to division (B)(2) of this section, the	82256
consumer price index for all urban consumers for nonprescription	82257
drugs and medical supplies, as published by the United States	82258
bureau of labor statistics;	82259

(2) If the United States bureau of labor statistics ceases to	82260
publish the index specified in division (B)(1) of this section,	82261
the index that is subsequently published by the bureau and covers	82262
nonprescription drugs and medical supplies.	82263

Sec. 5124.25. (A) Subject to division (D) of this section,	82264
the department of developmental disabilities may pay a medicaid	82265
rate add-on to an ICF/MR provider for outlier ICF/MR services the	82266
ICF/MR provides to qualifying ventilator-dependent residents on or	82267
after July 1, 2014, if the provider applies to the department of	82268
developmental disabilities to receive the rate add-on and the	82269
department approves the application. The department of	82270
developmental disabilities may approve a provider's application if	82271
all of the following apply:	82272

(1) The provider submits to the department of developmental	82273
disabilities a best practices protocol for providing outlier	82274
ICF/MR services under this section and the department of	82275
developmental disabilities determines that the protocol is	82276
acceptable;	82277

(2) The provider executes with the department of medicaid an	82278
addendum to its provider agreement for the ICF/MR regarding the	82279
outlier ICF/MR services;	82280

(3) The provider and ICF/MR meet all other eligibility	82281
requirements for the rate add-on established in rules authorized	82282
by this section.	82283

(B) An ICF/MR that has been approved by the department of	82284
developmental disabilities to provider outlier ICF/MR services	82285
under this section shall provide the services in accordance with	82286
both of the following:	82287

(1) The best practices protocol the department of	82288
developmental disabilities determined is acceptable;	82289

(2) Requirements regarding the services established in rules	82290
authorized by this section.	82291

(C) To qualify to receive outlier ICF/MR services from an	82292
ICF/MR under this section, a resident of the ICF/MR must be a	82293
medicaid recipient, be under twenty-two years of age, be dependent	82294
on a ventilator, and meet all other eligibility requirements	82295
established in rules authorized by this section.	82296

(D) The department of developmental disabilities shall	82297
negotiate the amount of the medicaid payment rate add-on, if any,	82298
to be paid under this section, or the method by which that amount	82299
is to be determined, with the department of medicaid. The	82300
department of developmental disabilities shall not pay the rate	82301
add-on unless the department has approved the amount of the rate	82302
add-on or method by which the amount is to be determined.	82303

Sec. 5124.28. Notwithstanding any provision of section	82304
5124.17 or 5124.21 of the Revised Code, the director of	82305
developmental disabilities may adopt rules under section 5124.03	82306
of the Revised Code that provide for the determination of a	82307
combined maximum payment limit for indirect care costs and costs	82308
of ownership for ICFs/MR with eight or fewer beds.	82309

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	82310
section ~~5111.264~~5124.30 of the Revised Code, the department of	82311
~~job and family services~~developmental disabilities, in determining	82312
whether an ~~intermediate care facility for the mentally retarded's~~	82313
ICF/MR's direct care costs and indirect care costs are allowable,	82314
shall place no limit on specific categories of reasonable costs	82315
other than compensation of owners, compensation of relatives of	82316
owners, and compensation of administrators.	82317

Compensation cost limits for owners and relatives of owners	82318
shall be based on compensation costs for individuals who hold	82319
comparable positions but who are not owners or relatives of	82320
owners, as reported on ~~facility~~ICFs/MR's cost reports. As used in	82321
this section, "comparable position" means the position that is	82322
held by the owner or the owner's relative, if that position is	82323
listed separately on the cost report form, or if the position is	82324
not listed separately, the group of positions that is listed on	82325
the cost report form and that includes the position held by the	82326
owner or the owner's relative. In the case of an owner or owner's	82327
relative who serves the ~~facility~~ICFs/MR in a capacity such as	82328
corporate officer, proprietor, or partner for which no comparable	82329
position or group of positions is listed on the cost report form,	82330
the compensation cost limit shall be based on civil service	82331
equivalents and shall be specified in rules adopted under section	82332
~~5111.02~~5124.03 of the Revised Code.	82333

Compensation cost limits for administrators shall be based on	82334
compensation costs for administrators who are not owners or	82335
relatives of owners, as reported on ~~facility~~ICFs/MR's cost	82336
reports. Compensation cost limits for administrators of four or	82337
more ~~intermediate care facilities for the mentally retarded~~	82338
ICFs/MR shall be the same as the limits for administrators of	82339
~~intermediate care facilities for the mentally retarded~~ICFs/MR	82340
with one hundred fifty or more beds.	82341

Sec. 5124.30. Except as provided in section 5124.17 of the	82342
Revised Code, the costs of goods, services, and facilities,	82343
furnished to an ICF/MR provider by a related party are includable	82344
in the allowable costs of the provider at the reasonable cost to	82345
the related party.	82346

Sec. 5124.31. The department of developmental disabilities	82347
shall adjust medicaid payment rates determined under this chapter	82348
to account for reasonable additional costs that must be incurred	82349
by ICFs/MR to comply with requirements of federal or state	82350
statutes, rules, or policies enacted or amended after January 1,	82351
1992, or with orders issued by state or local fire authorities.	82352

Sec. 5124.32. The department of developmental disabilities	82353
shall not reduce an ICF/MR's medicaid payment rate determined	82354
under this chapter on the basis that the provider charges a lower	82355
rate to any resident who is not eligible for medicaid.	82356

Sec. 5124.33. No medicaid payment shall be made to an ICF/MR	82357
provider for the day a medicaid recipient is discharged from the	82358
ICF/MR.	82359

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	82360
of developmental disabilities shall pay an ICF/MR provider ~~of an~~	82361
~~intermediate care facility for the mentally retarded under~~	82362
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	82363
~~payments to the provider, at a rate equal to the percentage~~one	82364
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	82365
~~that the department of job and family services has established~~	82366
payment rate determined for the ~~provider's facility~~ICF/MR under	82367
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	82368
~~year for which the cost of services is reimbursed,~~this chapter to	82369
reserve a bed for a resident who is a medicaid recipient ~~during a~~	82370
~~temporary absence under conditions prescribed by the department,~~	82371
~~to include hospitalization for an acute condition, visits with~~	82372
~~relatives and friends, and participation in therapeutic programs~~	82373
~~outside the facility, when the~~if all of the following apply:	82374

(1) The recipient is temporarily absent from the ICF/MR for a	82375
reason that makes the absence qualified for payments under this	82376
section as specified in rules authorized by this section;	82377

(2) The resident's plan of care provides for ~~such~~the absence	82378
~~and federal~~;	82379

(3) Federal financial participation ~~in the payments~~ is	82380
available for the payments. ~~The~~	82381

(B) The maximum period during which medicaid payments may be	82382
made to reserve a bed shall not exceed the maximum period	82383
specified ~~under~~in federal regulations, and shall not be more	82384
than thirty days during any calendar year for hospital stays,	82385
visits with relatives and friends, and participation in	82386
therapeutic ~~programs.~~	82387

~~Recipients~~programs. However, a resident shall not be subject	82388
to a maximum period during which payments may be made to reserve a	82389
bed ~~in an intermediate care facility for the mentally retarded~~ if	82390
prior authorization of the department is obtained for hospital	82391
stays, visits with relatives and friends, and participation in	82392
therapeutic programs. ~~The~~	82393

(C)(1) The director of ~~job and family services~~developmental	82394
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	82395
the Revised Code ~~establishing~~as necessary to implement this	82396
section, including rules that do the following:	82397

(a) Specify the reasons for which a temporary absence from an	82398
ICF/MR makes the absence qualify for payments under this section;	82399

(b) Establish conditions under which prior authorization may	82400
be obtained for the purpose of division (B) of this section.	82401

(2) The rules authorized by division (C)(1)(a) of this	82402
section shall include the following as reasons for which a	82403
temporary absence from an ICF/MR qualifies for payments under this	82404
section:	82405

(a) Hospitalization for acute conditions;

82406

(b) Visits with relatives and friends;

82407

82408

Sec. 5124.35. Medicaid payments may be made for ICF/MR	82409
services provided not later than thirty days after the effective	82410
date of an involuntary termination of the ICF/MR that provides the	82411
services if the services are provided to a medicaid recipient who	82412
is eligible for the services and resided in the ICF/MR before the	82413
effective date of the involuntary termination.	82414

Sec. 5124.37. The department of developmental disabilities	82415
shall make its best efforts each year to determine ICFs/MR's	82416
medicaid payment rates under this chapter in time to pay the rates	82417
by August fifteenth of each fiscal year. If the department is	82418
unable to calculate the rates so that they can be paid by that	82419
date, the department shall pay each provider the rate calculated	82420
for the provider's ICFs/MR under those sections at the end of the	82421
previous fiscal year. If the department also is unable to	82422
calculate the rates to make the payments due by the fifteenth day	82423
of September and the fifteenth day of October, the department	82424
shall pay the previous fiscal year's rate to make those payments.	82425
The department may increase by five per cent the previous fiscal	82426
year's rate paid for any ICF/MR pursuant to this section at the	82427
request of the provider. The department shall use rates calculated	82428
for the current fiscal year to make the payments due by the	82429
fifteenth day of November.	82430

If an ICF/MR's medicaid payment rate paid under this section	82431
is lower than the rate calculated for it for the current fiscal	82432
year, the department shall pay the provider the difference between	82433
the two rates for the number of days for which the provider is	82434
paid the lower rate. If an ICF/MR's medicaid payment rate paid	82435
under this section is higher than the rate calculated for it for	82436
the current fiscal year, the provider shall refund to the	82437
department the difference between the two rates for the number of	82438
days for which the provider is paid the higher rate.	82439

Sec. 5124.38. (A) The director of developmental disabilities	82440
shall establish a process under which an ICF/MR provider, or a	82441
group or association of ICF/MR providers, may seek reconsideration	82442
of medicaid payment rates established under this chapter,	82443
including a rate for direct care costs redetermined before the	82444
effective date of the rate as a result of an exception review	82445
conducted under section 5124.193 of the Revised Code. Except as	82446
provided in divisions (B) to (D) of this section, the only issue	82447
that a provider, group, or association may raise in the rate	82448
reconsideration is whether the rate was calculated in accordance	82449
with this chapter and the rules adopted under section 5124.03 of	82450
the Revised Code. The provider, group, or association may submit	82451
written arguments or other materials that support its position.	82452
The provider, group, or association and department shall take	82453
actions regarding the rate reconsideration within time frames	82454
specified in rules authorized by this section.	82455

If the department determines, as a result of the rate	82456
reconsideration, that the rate established for one or more ICFs/MR	82457
is less than the rate to which the ICF/MR is entitled, the	82458
department shall increase the rate. If the department has paid the	82459
incorrect rate for a period of time, the department shall pay the	82460
provider of the ICF/MR the difference between the amount the	82461
provider was paid for that period for the ICF/MR and the amount	82462
the provider should have been paid for the ICF/MR.	82463

(B)(1) The department, through the rate reconsideration	82464
process, may increase during a fiscal year the medicaid payment	82465
rate determined for an ICF/MR under this chapter if the provider	82466
demonstrates that the ICF/MR's actual, allowable costs have	82467
increased because of any of the following extreme circumstances:	82468

(a) A natural disaster;

82469

(b) A nonextensive renovation approved under division (D) of	82470
section 5124.17 of the Revised Code;	82471

(c) If the ICF/MR has an appropriate claims management	82472
program, an increase in the ICF/MR's workers' compensation	82473
experience rating of greater than five per cent;	82474

(d) If the ICF/MR is an inner-city ICF/MR, increased security	82475
costs;	82476

(e) A change of ownership that results from bankruptcy,	82477
foreclosure, or findings by the department of health of violations	82478
of medicaid certification requirements;	82479

(f) Other extreme circumstances specified in rules authorized	82480
by this section.	82481

(2) An ICF/MR may qualify for a rate increase under this	82482
division only if its per diem, actual, allowable costs have	82483
increased to a level that exceeds its total rate. An increase	82484
under this division is subject to any rate limitations or maximum	82485
rates established by this chapter for specific cost centers. Any	82486
rate increase granted under this division shall take effect on the	82487
first day of the first month after the department receives the	82488
request.	82489

(C) The department, through the rate reconsideration process,	82490
may increase an ICF/MR's rate as determined under this chapter if	82491
the department, in the department's sole discretion, determines	82492
that the rate as determined under those sections works an extreme	82493
hardship on the ICF/MR.	82494

(D) When beds certified for the medicaid program are added to	82495
an existing ICF/MR or replaced at the same site, the department,	82496
through the rate reconsideration process, shall increase the	82497
ICF/MR's rate for capital costs proportionately, as limited by any	82498
applicable limitation under section 5124.17 of the Revised Code,	82499
to account for the costs of the beds that are added or replaced.	82500
The department shall make this increase one month after the first	82501
day of the month after the department receives sufficient	82502
documentation of the costs. Any rate increase granted under this	82503
division after June 30, 1993, shall remain in effect until the	82504
effective date of a rate for capital costs determined under	82505
section 5124.17 of the Revised Code that includes costs incurred	82506
for a full calendar year for the bed addition or bed replacement.	82507
The ICF/MR shall report double accumulated depreciation in an	82508
amount equal to the depreciation included in the rate adjustment	82509
on its cost report for the first year of operation. During the	82510
term of any loan used to finance a project for which a rate	82511
adjustment is granted under this division, if the ICF/MR is	82512
operated by the same provider, the provider shall subtract from	82513
the interest costs it reports on its cost report an amount equal	82514
to the difference between the following:	82515

(1) The actual, allowable interest costs for the loan during	82516
the calendar year for which the costs are being reported;	82517

(2) The actual, allowable interest costs attributable to the	82518
loan that were used to calculate the rates paid to the provider	82519
for the ICF/MR during the same calendar year.	82520

(E) The department's decision at the conclusion of the	82521
reconsideration process is not subject to any administrative	82522
proceedings under Chapter 119. or any other provision of the	82523
Revised Code.	82524

(F) The director of developmental disabilities shall adopt	82525
rules under section 5124.03 of the Revised Code as necessary to	82526
implement this section.	82527

Sec. 5124.40. If an ICF/MR provider properly amends a cost	82528
report for an ICF/MR under section 5124.107 of the Revised Code	82529
and the amended report shows that the provider received a lower	82530
medicaid payment rate under the original cost report than the	82531
provider was entitled to receive, the department of developmental	82532
disabilities shall adjust the provider's rate for the ICF/MR	82533
prospectively to reflect the corrected information. The department	82534
shall pay the adjusted rate beginning two months after the first	82535
day of the month after the provider files the amended cost report.	82536

If the department finds, from an exception review of resident	82537
assessment data conducted pursuant to section 5124.193 of the	82538
Revised Code after the effective date of an ICF/MR's rate for	82539
direct care costs that is based on the resident assessment data,	82540
that inaccurate resident assessment data resulted in the provider	82541
receiving a lower rate for the ICF/MR than the provider was	82542
entitled to receive, the department prospectively shall adjust the	82543
provider's rate for the ICF/MR accordingly. The department shall	82544
make payments to the provider using the adjusted rate for the	82545
remainder of the calendar quarter for which the resident	82546
assessment data is used to determine the rate, beginning one month	82547
after the first day of the month after the exception review is	82548
completed.	82549

Sec. 5124.41. (A) The department of developmental	82550
disabilities shall redetermine a provider's medicaid payment rate	82551
for an ICF/MR using revised information if any of the following	82552
results in a determination that the provider received a higher	82553
medicaid payment rate for the ICF/MR than the provider was	82554
entitled to receive:	82555

(1) The provider properly amends a cost report for the ICF/MR	82556
under section 5124.107 of the Revised Code;	82557

(2) The department makes a finding based on an audit under	82558
section 5124.109 of the Revised Code;	82559

(3) The department makes a finding based on an exception	82560
review of resident assessment data conducted under section	82561
5124.193 of the Revised Code after the effective date of the	82562
ICF/MR's rate for direct care costs that is based on the resident	82563
assessment data.	82564

(B) The department shall apply the redetermined rate to the	82565
periods when the provider received the incorrect rate to determine	82566
the amount of the overpayment. The provider shall refund the	82567
amount of the overpayment. The department may charge the provider	82568
the following amount of interest from the time the overpayment was	82569
made:	82570

(1) If the overpayment resulted from costs reported for	82571
calendar year 1993, the interest shall be not greater than one and	82572
one-half times the current average bank prime rate.	82573

(2) If the overpayment resulted from costs reported for a	82574
subsequent calendar year:	82575

(a) The interest shall be not greater than two times the	82576
current average bank prime rate if the overpayment was not more	82577
than one per cent of the total medicaid payments to the provider	82578
for the fiscal year for which the incorrect information was used	82579
to determine a rate.	82580

(b) The interest shall be not greater than two and one-half	82581
times the current average bank prime rate if the overpayment was	82582
more than one per cent of the total medicaid payments to the	82583
provider for the fiscal year for which the incorrect information	82584
was used to determine a rate.	82585

Sec. 5124.42. In addition to the other penalties authorized	82586
by this chapter, the department of developmental disabilities may	82587
impose the following penalties on an ICF/MR provider:	82588

(A) If the provider does not furnish invoices or other	82589
documentation that the department requests during an audit within	82590
sixty days after the request, a fine of not more than the greater	82591
of the following:	82592

(1) One thousand dollars per audit;

82593

(2) Twenty-five per cent of the cumulative amount by which	82594
the costs for which documentation was not furnished increased the	82595
total medicaid payments to the provider during the fiscal year for	82596
which the costs were used to determine a rate.	82597

(B) If an exiting operator or owner fails to provide notice	82598
of a facility closure or voluntary termination as required by	82599
section 5124.50 of the Revised Code, or an exiting operator or	82600
owner and entering operator fail to provide notice of a change of	82601
operator as required by section 5124.51 of the Revised Code, a	82602
fine of not more than the current average bank prime rate plus	82603
four per cent of the last two monthly payments.	82604

Sec. 5124.43. For the purposes of sections 5124.41 and	82605
5124.42 of the Revised Code, the department of developmental	82606
disabilities shall determine the current average bank prime rate	82607
using statistical release H.15, "selected interest rates," a	82608
weekly publication of the federal reserve board, or any successor	82609
publication. If statistical release H.15, or its successor, ceases	82610
to contain the bank prime rate information or ceases to be	82611
published, the department shall request a written statement of the	82612
average bank prime rate from the federal reserve bank of Cleveland	82613
or the federal reserve board.	82614

Sec. 5124.44. (A) Except as provided in division (B) of this	82615
section, the department of developmental disabilities shall deduct	82616
the following from the next available medicaid payment the	82617
department makes to an ICF/MR provider who continues to	82618
participate in medicaid:	82619

(1) Any amount the provider is required to refund, and any	82620
interest charged, under section 5124.41 of the Revised Code;	82621

(2) The amount of any penalty imposed on the provider under	82622
section 5124.42 of the Revised Code.	82623

(B) The department and an ICF/MR provider may enter into an	82624
agreement under which a deduction required by division (A) of this	82625
section is taken in installments from payments the department	82626
makes to the provider.	82627

Sec. 5124.45. The department of developmental disabilities	82628
shall transmit to the treasurer of state for deposit in the	82629
general revenue fund amounts collected from the following:	82630

(A) Refunds required by, and interest charged under, section	82631
5124.41 of the Revised Code;	82632

(B) Amounts collected from penalties imposed under section	82633
5124.42 of the Revised Code.	82634

Sec. 5124.46. All of the following are subject to an	82635
adjudication conducted in accordance with Chapter 119. of the	82636
Revised Code:	82637

(A) Any audit disallowance that the department of	82638
developmental disabilities makes as the result of an audit under	82639
section 5124.109 of the Revised Code;	82640

(B) Any adverse finding that results from an exception review	82641
of resident assessment data conducted for an ICF/MR under section	82642
5124.193 of the Revised Code after the effective date of the	82643
ICF/MR's medicaid payment rate for direct care costs that is based	82644
on the resident assessment data;	82645

(C) Any medicaid payment deemed an overpayment under section	82646
5124.523 of the Revised Code;	82647

(D) Any penalty the department imposes under section 5124.42	82648
of the Revised Code or section 5124.523 of the Revised Code.	82649

Sec. 5124.50. An exiting operator or owner of an ICF/MR	82650
participating in the medicaid program shall provide the department	82651
of developmental disabilities and department of medicaid written	82652
notice of a facility closure or voluntary termination not less	82653
than ninety days before the effective date of the facility closure	82654
or voluntary termination. The written notice shall be provided to	82655
the department of developmental disabilities and department of	82656
medicaid in accordance with the method specified in rules	82657
authorized by section 5124.53 of the Revised Code.	82658

The written notice shall include all of the following:

82659

(A) The name of the exiting operator and, if any, the exiting	82660
operator's authorized agent;	82661

(B) The name of the ICF/MR that is the subject of the written	82662
notice;	82663

(C) The exiting operator's medicaid provider agreement number	82664
for the ICF/MR that is the subject of the written notice;	82665

(D) The effective date of the facility closure or voluntary	82666
termination;	82667

(E) The signature of the exiting operator's or owner's	82668
representative.	82669

Sec. 5124.51. (A) An exiting operator or owner and entering	82670
operator shall provide the department of developmental	82671
disabilities and department of medicaid written notice of a change	82672
of operator if the ICF/MR participates in the medicaid program and	82673
the entering operator seeks to continue the ICF/MR's	82674
participation. The written notice shall be provided to the	82675
department of developmental disabilities and department of	82676
medicaid in accordance with the method specified in rules	82677
authorized by section 5124.53 of the Revised Code. The written	82678
notice shall be provided to the department of developmental	82679
disabilities and department of medicaid not later than forty-five	82680
days before the effective date of the change of operator if the	82681
change of operator does not entail the relocation of residents.	82682
The written notice shall be provided to the department of	82683
developmental disabilities and department of medicaid not later	82684
than ninety days before the effective date of the change of	82685
operator if the change of operator entails the relocation of	82686
residents.	82687

The written notice shall include all of the following:

82688

(1) The name of the exiting operator and, if any, the exiting	82689
operator's authorized agent;	82690

(2) The name of the ICF/MR that is the subject of the change	82691
of operator;	82692

(3) The exiting operator's seven-digit medicaid legacy number	82693
and ten-digit national provider identifier number for the ICF/MR	82694
that is the subject of the change of operator;	82695

(4) The name of the entering operator;

82696

(5) The effective date of the change of operator;

82697

(6) The manner in which the entering operator becomes the	82698
ICF/MR's operator, including through sale, lease, merger, or other	82699
action;	82700

(7) If the manner in which the entering operator becomes the	82701
ICF/MR's operator involves more than one step, a description of	82702
each step;	82703

(8) Written authorization from the exiting operator or owner	82704
and entering operator for the department of medicaid to process a	82705
provider agreement for the entering operator;	82706

(9) The names and addresses of the persons to whom the	82707
department of developmental disabilities and department of	82708
medicaid should send initial correspondence regarding the change	82709
of operator;	82710

(10) The signature of the exiting operator's or owner's	82711
representative.	82712

(B) An exiting operator or owner and entering operator	82713
immediately shall provide the department of developmental	82714
disabilities and department of medicaid notice of any changes to	82715
information included in a written notice of a change of operator	82716
that occur after that notice is provided to the department of	82717
developmental disabilities and department of medicaid. The notice	82718
of the changes shall be provided to the department of	82719
developmental disabilities and department of medicaid in	82720
accordance with the method specified in rules authorized by	82721
section 5124.53 of the Revised Code.	82722

Sec. 5124.511. The department of medicaid may enter into a	82723
provider agreement with an entering operator that goes into effect	82724
at 12:01 a.m. on the effective date of the change of operator if	82725
all of the following requirements are met:	82726

(A) The department receives a properly completed written	82727
notice required by section 5124.51 of the Revised Code on or	82728
before the date required by that section.	82729

(B) The department receives both of the following in	82730
accordance with the method specified in rules authorized by	82731
section 5124.53 of the Revised Code and not later than ten days	82732
after the effective date of the change of operator:	82733

(1) From the entering operator, a completed application for a	82734
provider agreement and all other forms and documents specified in	82735
rules authorized by section 5124.53 of the Revised Code;	82736

(2) From the exiting operator or owner, all forms and	82737
documents specified in rules authorized by section 5124.53 of the	82738
Revised Code.	82739

(C) The entering operator is eligible to enter into a	82740
provider agreement for the ICF/MR as provided in section 5124.06	82741
of the Revised Code.	82742

Sec. 5124.512. (A) The department of medicaid may enter into	82743
a provider agreement with an entering operator that goes into	82744
effect at 12:01 a.m. on the date determined under division (B) of	82745
this section if all of the following are the case:	82746

(1) The department receives a properly completed written	82747
notice required by section 5124.51 of the Revised Code.	82748

(2) The department receives, from the entering operator and	82749
in accordance with the method specified in rules authorized by	82750
section 5124.53 of the Revised Code, a completed application for a	82751
provider agreement and all other forms and documents specified in	82752
rules adopted under that section.	82753

(3) The department receives, from the exiting operator or	82754
owner and in accordance with the method specified in rules	82755
authorized by section 5124.53 of the Revised Code, all forms and	82756
documents specified in rules adopted under that section.	82757

(4) One or more of the following apply:

82758

(a) The requirement of division (A)(1) of this section is met	82759
after the time required by section 5124.51 of the Revised Code;	82760

(b) The requirement of division (A)(2) of this section is met	82761
more than ten days after the effective date of the change of	82762
operator;	82763

(c) The requirement of division (A)(3) of this section is met	82764
more than ten days after the effective date of the change of	82765
operator.	82766

(5) The entering operator is eligible to enter into a	82767
provider agreement for the ICF/MR as provided in section 5124.06	82768
of the Revised Code.	82769

(B) The department shall determine the date a provider	82770
agreement entered into under this section is to go into effect as	82771
follows:	82772

(1) The effective date shall give the department sufficient	82773
time to process the change of operator and give the department	82774
sufficient time to assure no duplicate payments are made and make	82775
the withholding required by section 5124.521 of the Revised Code.	82776

(2) The effective date shall be not earlier than the latest	82777
of the following:	82778

(a) The effective date of the change of operator;

82779

(b) The date that the entering operator complies with section	82780
5124.51 of the Revised Code and division (A)(2) of this section;	82781

(c) The date that the exiting operator or owner complies with	82782
section 5124.51 of the Revised Code and division (A)(3) of this	82783
section.	82784

(3) The effective date shall be not later than the following	82785
after the later of the dates specified in division (B)(2) of this	82786
section:	82787

(a) Forty-five days if the change of operator does not entail	82788
the relocation of residents;	82789

(b) Ninety days if the change of operator entails the	82790
relocation of residents.	82791

Sec. 5124.513. A provider that enters into a provider	82792
agreement with the department of medicaid under section 5124.511	82793
or 5124.512 of the Revised Code shall do all of the following:	82794

(A) Comply with all applicable federal statutes and	82795
regulations;	82796

(B) Comply with section 5124.07 of the Revised Code and all	82797
other applicable state statutes and rules;	82798

(C) Comply with all the terms and conditions of the exiting	82799
operator's provider agreement, including all of the following:	82800

(1) Any plan of correction;

82801

(2) Compliance with health and safety standards;

82802

(3) Compliance with the ownership and financial interest	82803
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	82804

(4) Compliance with the civil rights requirements of 45	82805
C.F.R. parts 80, 84, and 90;	82806

(5) Compliance with additional requirements imposed by the	82807
department;	82808

(6) Any sanctions relating to remedies for violation of the	82809
provider agreement, including deficiencies, compliance periods,	82810
accountability periods, monetary penalties, notification for	82811
correction of contract violations, and history of deficiencies.	82812

Sec. 5124.514. In the case of a change of operator, the	82813
exiting operator shall be considered to be the operator of the	82814
ICF/MR for purposes of the medicaid program, including medicaid	82815
payments, until the effective date of the entering operator's	82816
provider agreement if the provider agreement is entered into under	82817
section 5124.511 or 5124.512 of the Revised Code.	82818

Sec. 5124.515. The department of medicaid may enter into a	82819
provider agreement as provided in section 5124.07 of the Revised	82820
Code, rather than section 5124.511 or 5124.512 of the Revised	82821
Code, with an entering operator if the entering operator does not	82822
agree to a provider agreement that satisfies the requirements of	82823
division (C) of section 5124.513 of the Revised Code. The	82824
department may not enter into the provider agreement unless the	82825
department of health certifies the ICF/MR under Title XIX. The	82826
effective date of the provider agreement shall not precede any of	82827
the following:	82828

(A) The date that the department of health certifies the	82829
ICF/MR;	82830

(B) The effective date of the change of operator;

82831

(C) The date the requirement of section 5124.51 of the	82832
Revised Code is satisfied.	82833

Sec. 5124.516. The director of developmental disabilities	82834
may adopt rules under section 5124.03 of the Revised Code	82835
governing adjustments to the medicaid reimbursement rate for an	82836
ICF/MR that undergoes a change of operator. No rate adjustment	82837
resulting from a change of operator shall be effective before the	82838
effective date of the entering operator's provider agreement. This	82839
is the case regardless of whether the provider agreement is	82840
entered into under section 5124.511, section 5124.512, or,	82841
pursuant to section 5124.515, section 5124.07 of the Revised Code.	82842

Sec. 5124.517. The department of developmental disabilities'	82843
determination that a change of operator has or has not occurred	82844
for purposes of licensure under section 5123.19 of the Revised	82845
Code shall not affect either of the following:	82846

(A) A determination by the department of developmental	82847
disabilities or department of medicaid of whether or when a change	82848
of operator occurs;	82849

(B) The department of medicaid's determination of the	82850
effective date of an entering operator's provider agreement under	82851
section 5124.511, section 5124.512, or, pursuant to section	82852
5124.515, section 5124.07 of the Revised Code.	82853

Sec. 5124.52. (A) On receipt of a written notice under	82854
section 5124.50 of the Revised Code of a facility closure or	82855
voluntary termination, on receipt of a written notice under	82856
section 5124.51 of the Revised Code of a change of operator, or on	82857
the effective date of an involuntary termination, the department	82858
of developmental disabilities shall estimate the amount of any	82859
overpayments made under the medicaid program to the exiting	82860
operator, including overpayments the exiting operator disputes,	82861
and other actual and potential debts the exiting operator owes or	82862
may owe to the department and United States centers for medicare	82863
and medicaid services under the medicaid program, including a	82864
franchise permit fee.	82865

(B) In estimating the exiting operator's other actual and	82866
potential debts to the department and the United States centers	82867
for medicare and medicaid services under the medicaid program, the	82868
department shall use a debt estimation methodology the director of	82869
developmental disabilities shall establish in rules authorized by	82870
section 5124.53 of the Revised Code. The methodology shall provide	82871
for estimating all of the following that the department determines	82872
are applicable:	82873

(1) Refunds due the department under section 5124.41 of the	82874
Revised Code;	82875

(2) Interest owed to the department and United States centers	82876
for medicare and medicaid services;	82877

(3) Final civil monetary and other penalties for which all	82878
right of appeal has been exhausted;	82879

(4) Money owed the department and United States centers for	82880
medicare and medicaid services from any outstanding final fiscal	82881
audit, including a final fiscal audit for the last fiscal year or	82882
portion thereof in which the exiting operator participated in the	82883
medicaid program;	82884

(5) Other amounts the department determines are applicable.

82885

(C) The department shall provide the exiting operator written	82886
notice of the department's estimate under division (A) of this	82887
section not later than thirty days after the department receives	82888
the notice under section 5124.50 of the Revised Code of the	82889
facility closure or voluntary termination; the department receives	82890
the notice under section 5124.51 of the Revised Code of the change	82891
of operator; or the effective date of the involuntary termination.	82892
The department's written notice shall include the basis for the	82893
estimate.	82894

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	82895
and (D) of this section, the department of developmental	82896
disabilities may withhold from payment due an exiting operator	82897
under the medicaid program the total amount specified in the	82898
notice provided under division (C) of section 5124.52 of the	82899
Revised Code that the exiting operator owes or may owe to the	82900
department and United States centers for medicare and medicaid	82901
services under the medicaid program.	82902

(B) In the case of a change of operator and subject to	82903
division (E) of this section, the following shall apply regarding	82904
a withholding under division (A) of this section if the exiting	82905
operator or entering operator or an affiliated operator executes a	82906
successor liability agreement meeting the requirements of division	82907
(F) of this section:	82908

(1) If the exiting operator, entering operator, or affiliated	82909
operator assumes liability for the total, actual amount of debt	82910
the exiting operator owes the department and the United States	82911
centers for medicare and medicaid services under the medicaid	82912
program as determined under section 5124.525 of the Revised Code,	82913
the department shall not make the withholding.	82914

(2) If the exiting operator, entering operator, or affiliated	82915
operator assumes liability for only the portion of the amount	82916
specified in division (B)(1) of this section that represents the	82917
franchise permit fee the exiting operator owes, the department	82918
shall withhold not more than the difference between the total	82919
amount specified in the notice provided under division (C) of	82920
section 5124.52 of the Revised Code and the amount for which the	82921
exiting operator, entering operator, or affiliated operator	82922
assumes liability.	82923

(C) In the case of a voluntary termination or facility	82924
closure and subject to division (E) of this section, the following	82925
shall apply regarding a withholding under division (A) of this	82926
section if the exiting operator or an affiliated operator executes	82927
a successor liability agreement meeting the requirements of	82928
division (F) of this section:	82929

(1) If the exiting operator or affiliated operator assumes	82930
liability for the total, actual amount of debt the exiting	82931
operator owes the department and the United States centers for	82932
medicare and medicaid services under the medicaid program as	82933
determined under section 5124.525 of the Revised Code, the	82934
department shall not make the withholding.	82935

(2) If the exiting operator or affiliated operator assumes	82936
liability for only the portion of the amount specified in division	82937
(C)(1) of this section that represents the franchise permit fee	82938
the exiting operator owes, the department shall withhold not more	82939
than the difference between the total amount specified in the	82940
notice provided under division (C) of section 5124.52 of the	82941
Revised Code and the amount for which the exiting operator or	82942
affiliated operator assumes liability.	82943

(D) In the case of an involuntary termination and subject to	82944
division (E) of this section, the following shall apply regarding	82945
a withholding under division (A) of this section if the exiting	82946
operator, the entering operator, or an affiliated operator	82947
executes a successor liability agreement meeting the requirements	82948
of division (F) of this section and the department approves the	82949
successor liability agreement:	82950

(1) If the exiting operator, entering operator, or affiliated	82951
operator assumes liability for the total, actual amount of debt	82952
the exiting operator owes the department and the United States	82953
centers for medicare and medicaid services under the medicaid	82954
program as determined under section 5124.525 of the Revised Code,	82955
the department shall not make the withholding.	82956

(2) If the exiting operator, entering operator, or affiliated	82957
operator assumes liability for only the portion of the amount	82958
specified in division (D)(1) of this section that represents the	82959
franchise permit fee the exiting operator owes, the department	82960
shall withhold not more than the difference between the total	82961
amount specified in the notice provided under division (C) of	82962
section 5124.52 of the Revised Code and the amount for which the	82963
exiting operator, entering operator, or affiliated operator	82964
assumes liability.	82965

(E) For an exiting operator or affiliated operator to be	82966
eligible to enter into a successor liability agreement under	82967
division (B), (C), or (D) of this section, both of the following	82968
must apply:	82969

(1) The exiting operator or affiliated operator must have one	82970
or more valid provider agreements, other than the provider	82971
agreement for the ICF/MR that is the subject of the involuntary	82972
termination, voluntary termination, facility closure, or change of	82973
operator;	82974

(2) During the twelve-month period preceding either the	82975
effective date of the involuntary termination or the month in	82976
which the department receives the notice of the voluntary	82977
termination or facility closure under section 5124.50 of the	82978
Revised Code or the notice of the change of operator under section	82979
5124.51 of the Revised Code, the average monthly medicaid payment	82980
made to the exiting operator or affiliated operator pursuant to	82981
the exiting operator's or affiliated operator's one or more	82982
provider agreements, other than the provider agreement for the	82983
ICF/MR that is the subject of the involuntary termination,	82984
voluntary termination, facility closure, or change of operator,	82985
must equal at least ninety per cent of the sum of the following:	82986

(a) The average monthly medicaid payment made to the exiting	82987
operator pursuant to the exiting operator's provider agreement for	82988
the ICF/MR that is the subject of the involuntary termination,	82989
voluntary termination, facility closure, or change of operator;	82990

(b) Whichever of the following apply:

82991

(i) If the exiting operator or affiliated operator has	82992
assumed liability under one or more other successor liability	82993
agreements, the total amount for which the exiting operator or	82994
affiliated operator has assumed liability under the other	82995
successor liability agreements;	82996

(ii) If the exiting operator or affiliated operator has not	82997
assumed liability under any other successor liability agreements,	82998
zero.	82999

(F) A successor liability agreement executed under this	83000
section must comply with all of the following:	83001

(1) It must provide for the operator who executes the	83002
successor liability agreement to assume liability for either of	83003
the following as specified in the agreement:	83004

(a) The total, actual amount of debt the exiting operator	83005
owes the department and the United States centers for medicare and	83006
medicaid services under the medicaid program as determined under	83007
section 5124.525 of the Revised Code;	83008

(b) The portion of the amount specified in division (F)(1)(a)	83009
of this section that represents the franchise permit fee the	83010
exiting operator owes.	83011

(2) It may not require the operator who executes the	83012
successor liability agreement to furnish a surety bond.	83013

(3) It must provide that the department, after determining	83014
under section 5124.525 of the Revised Code the actual amount of	83015
debt the exiting operator owes the department and United States	83016
centers for medicare and medicaid services under the medicaid	83017
program, may deduct the lesser of the following from medicaid	83018
payments made to the operator who executes the successor liability	83019
agreement:	83020

(a) The total, actual amount of debt the exiting operator	83021
owes the department and the United States centers for medicare and	83022
medicaid services under the medicaid program as determined under	83023
section 5124.525 of the Revised Code;	83024

(b) The amount for which the operator who executes the	83025
successor liability agreement assumes liability under the	83026
agreement.	83027

(4) It must provide that the deductions authorized by	83028
division (F)(3) of this section are to be made for a number of	83029
months, not to exceed six, agreed to by the operator who executes	83030
the successor liability agreement and the department or, if the	83031
operator who executes the successor liability agreement and	83032
department cannot agree on a number of months that is less than	83033
six, a greater number of months determined by the attorney general	83034
pursuant to a claims collection process authorized by statute of	83035
this state.	83036

(5) It must provide that, if the attorney general determines	83037
the number of months for which the deductions authorized by	83038
division (F)(3) of this section are to be made, the operator who	83039
executes the successor liability agreement shall pay, in addition	83040
to the amount collected pursuant to the attorney general's claims	83041
collection process, the part of the amount so collected that, if	83042
not for division (H) of this section, would be required by section	83043
109.081 of the Revised Code to be paid into the attorney general	83044
claims fund.	83045

(G) Execution of a successor liability agreement does not	83046
waive an exiting operator's right to contest the amount specified	83047
in the notice the department provides the exiting operator under	83048
division (C) of section 5124.52 of the Revised Code.	83049

(H) Notwithstanding section 109.081 of the Revised Code, the	83050
entire amount that the attorney general, whether by employees or	83051
agents of the attorney general or by special counsel appointed	83052
pursuant to section 109.08 of the Revised Code, collects under a	83053
successor liability agreement, other than the additional amount	83054
the operator who executes the agreement is required by division	83055
(F)(5) of this section to pay, shall be paid to the department of	83056
developmental disabilities for deposit into the appropriate fund.	83057
The additional amount that the operator is required to pay shall	83058
be paid into the state treasury to the credit of the attorney	83059
general claims fund created under section 109.081 of the Revised	83060
Code.	83061

Sec. 5124.522. (A) Except as provided in division (B) of	83062
this section, an exiting operator shall file with the department	83063
of developmental disabilities a cost report not later than ninety	83064
days after the last day the exiting operator's provider agreement	83065
is in effect. The cost report shall cover the period that begins	83066
with the day after the last day covered by the operator's most	83067
recent previous cost report filed under section 5124.10 or	83068
5124.101 of the Revised Code and ends on the last day the exiting	83069
operator's provider agreement is in effect. The cost report shall	83070
include, as applicable, all of the following:	83071

(1) The sale price of the ICF/MR;

83072

(2) A final depreciation schedule that shows which assets are	83073
transferred to the buyer and which assets are not transferred to	83074
the buyer;	83075

(3) Any other information the department requires.

83076

(B) The department, at its sole discretion, may waive the	83077
requirement that an exiting operator file a cost report in	83078
accordance with division (A) of this section.	83079

Sec. 5124.523. If an exiting operator required by section	83080
5124.522 of the Revised Code to file a cost report with the	83081
department of developmental disabilities fails to file the cost	83082
report in accordance with that section, all payments under the	83083
medicaid program for the period the cost report is required to	83084
cover are deemed overpayments until the date the department	83085
receives the properly completed cost report. The department may	83086
impose on the exiting operator a penalty of one hundred dollars	83087
for each calendar day the properly completed cost report is late.	83088

Sec. 5124.524. The department of developmental disabilities	83089
may not provide an exiting operator final payment under the	83090
medicaid program until the department receives all properly	83091
completed cost reports the exiting operator is required to file	83092
under sections 5124.10 and 5124.522 of the Revised Code.	83093

Sec. 5124.525. The department of developmental disabilities	83094
shall determine the actual amount of debt an exiting operator owes	83095
the department and the United States centers for medicare and	83096
medicaid services under the medicaid program by completing all	83097
final fiscal audits not already completed and performing all other	83098
appropriate actions the department determines to be necessary. The	83099
department shall issue an initial debt summary report on this	83100
matter not later than sixty days after the date the exiting	83101
operator files the properly completed cost report required by	83102
section 5124.522 of the Revised Code with the department or, if	83103
the department waives the cost report requirement for the exiting	83104
operator, sixty days after the date the department waives the cost	83105
report requirement. The initial debt summary report becomes the	83106
final debt summary report thirty-one days after the department	83107
issues the initial debt summary report unless the exiting	83108
operator, or an affiliated operator who executes a successor	83109
liability agreement under section 5124.521 of the Revised Code,	83110
requests a review before that date.	83111

The exiting operator, and an affiliated operator who executes	83112
a successor liability agreement under section 5124.521 of the	83113
Revised Code, may request a review to contest any of the	83114
department's findings included in the initial debt summary report.	83115
The request for the review must be submitted to the department not	83116
later than thirty days after the date the department issues the	83117
initial debt summary report. The department shall conduct the	83118
review on receipt of a timely request and issue a revised debt	83119
summary report. If the department has withheld money from payment	83120
due the exiting operator under division (A) of section 5124.521 of	83121
the Revised Code, the department shall issue the revised debt	83122
summary report not later than ninety days after the date the	83123
department receives the timely request for the review unless the	83124
department and exiting operator or affiliated operator agree to a	83125
later date. The exiting operator or affiliated operator may submit	83126
information to the department explaining what the operator	83127
contests before and during the review, including documentation of	83128
the amount of any debt the department owes the operator. The	83129
exiting operator or affiliated operator may submit additional	83130
information to the department not later than thirty days after the	83131
department issues the revised debt summary report. The revised	83132
debt summary report becomes the final debt summary report	83133
thirty-one days after the department issues the revised debt	83134
summary report unless the exiting operator or affiliated operator	83135
timely submits additional information to the department. If the	83136
exiting operator or affiliated operator timely submits additional	83137
information to the department, the department shall consider the	83138
additional information and issue a final debt summary report not	83139
later than sixty days after the department issues the revised debt	83140
summary report unless the department and exiting operator or	83141
affiliated operator agree to a later date.	83142

Each debt summary report the department issues under this	83143
section shall include the department's findings and the amount of	83144
debt the department determines the exiting operator owes the	83145
department and United States centers for medicare and medicaid	83146
services under the medicaid program. The department shall explain	83147
its findings and determination in each debt summary report.	83148

The exiting operator, and an affiliated operator who executes	83149
a successor liability agreement under section 5124.521 of the	83150
Revised Code, may request, in accordance with Chapter 119. of the	83151
Revised Code, an adjudication regarding a finding in a final debt	83152
summary report that pertains to an audit or alleged overpayment	83153
made under the medicaid program to the exiting operator. The	83154
adjudication shall be consolidated with any other uncompleted	83155
adjudication that concerns a matter addressed in the final debt	83156
summary report.	83157

Sec. 5124.526. The department of developmental disabilities	83158
shall release the actual amount withheld under division (A) of	83159
section 5124.521 of the Revised Code, less any amount the exiting	83160
operator owes the department and United States centers for	83161
medicare and medicaid services under the medicaid program, as	83162
follows:	83163

(A) Unless the department issues the initial debt summary	83164
report required by section 5124.525 of the Revised Code not later	83165
than sixty days after the date the exiting operator files the	83166
properly completed cost report required by section 5124.522 of the	83167
Revised Code, sixty-one days after the date the exiting operator	83168
files the properly completed cost report;	83169

(B) If the department issues the initial debt summary report	83170
required by section 5124.525 of the Revised Code not later than	83171
sixty days after the date the exiting operator files a properly	83172
completed cost report required by section 5124.522 of the Revised	83173
Code, not later than the following:	83174

(1) Thirty days after the deadline for requesting an	83175
adjudication under section 5124.525 of the Revised Code regarding	83176
the final debt summary report if the exiting operator, and an	83177
affiliated operator who executes a successor liability agreement	83178
under section 5124.521 of the Revised Code, fail to request the	83179
adjudication on or before the deadline;	83180

(2) Thirty days after the completion of an adjudication of	83181
the final debt summary report if the exiting operator, or an	83182
affiliated operator who executes a successor liability agreement	83183
under section 5124.521 of the Revised Code, requests the	83184
adjudication on or before the deadline for requesting the	83185
adjudication.	83186

(C) Unless the department issues the initial debt summary	83187
report required by section 5124.525 of the Revised Code not later	83188
than sixty days after the date the department waives the cost	83189
report requirement of section 5124.522 of the Revised Code,	83190
sixty-one days after the date the department waives the cost	83191
report requirement;	83192

(D) If the department issues the initial debt summary report	83193
required by section 5124.525 of the Revised Code not later than	83194
sixty days after the date the department waives the cost report	83195
requirement of section 5124.522 of the Revised Code, not later	83196
than the following:	83197

(1) Thirty days after the deadline for requesting an	83198
adjudication under section 5124.525 of the Revised Code regarding	83199
the final debt summary report if the exiting operator, and an	83200
affiliated operator who executes a successor liability agreement	83201
under section 5124.521 of the Revised Code, fail to request the	83202
adjudication on or before the deadline;	83203

(2) Thirty days after the completion of an adjudication of	83204
the final debt summary report if the exiting operator, or an	83205
affiliated operator who executes a successor liability agreement	83206
under section 5124.521 of the Revised Code, requests the	83207
adjudication on or before the deadline for requesting the	83208
adjudication.	83209

Sec. 5124.527. The department of developmental disabilities,	83210
at its sole discretion, may release the amount withheld under	83211
division (A) of section 5124.521 of the Revised Code if the	83212
exiting operator submits to the department written notice of a	83213
postponement of a change of operator, facility closure, or	83214
voluntary termination and the transactions leading to the change	83215
of operator, facility closure, or voluntary termination are	83216
postponed for at least thirty days but less than ninety days after	83217
the date originally proposed for the change of operator, facility	83218
closure, or voluntary termination as reported in the written	83219
notice required by section 5124.50 or 5124.51 of the Revised Code.	83220
The department shall release the amount withheld if the exiting	83221
operator submits to the department written notice of a	83222
cancellation or postponement of a change of operator, facility	83223
closure, or voluntary termination and the transactions leading to	83224
the change of operator, facility closure, or voluntary termination	83225
are canceled or postponed for more than ninety days after the date	83226
originally proposed for the change of operator, facility closure,	83227
or voluntary termination as reported in the written notice	83228
required by section 5124.50 or 5124.51 of the Revised Code. A	83229
written notice shall be provided to the department in accordance	83230
with the method specified in rules authorized by section 5124.53	83231
of the Revised Code.	83232

After the department receives a written notice regarding a	83233
cancellation or postponement of a facility closure or voluntary	83234
termination, the exiting operator or owner shall provide new	83235
written notice to the department under section 5124.50 of the	83236
Revised Code regarding any transactions leading to a facility	83237
closure or voluntary termination at a future time. After the	83238
department receives a written notice regarding a cancellation or	83239
postponement of a change of operator, the exiting operator or	83240
owner and entering operator shall provide new written notice to	83241
the department under section 5124.51 of the Revised Code regarding	83242
any transactions leading to a change of operator at a future time.	83243

Sec. 5124.528. (A) All amounts withheld under section	83244
5124.521 of the Revised Code from payment due an exiting operator	83245
under the medicaid program shall be deposited into the medicaid	83246
payment withholding fund created by the controlling board pursuant	83247
to section 131.35 of the Revised Code. Money in the fund shall be	83248
used as follows:	83249

(1) To pay an exiting operator when a withholding is released	83250
to the exiting operator under section 5124.526 or 5124.527 of the	83251
Revised Code;	83252

(2) To pay the department of medicaid or department of	83253
developmental disabilities, and United States centers for medicare	83254
and medicaid services, the amount an exiting operator owes the	83255
department of medicaid or department of developmental disabilities	83256
and United States centers under the medicaid program.	83257

(B) Amounts paid from the medicaid payment withholding fund	83258
pursuant to division (A)(2) of this section shall be deposited	83259
into the appropriate fund.	83260

Sec. 5124.53. The director of developmental disabilities	83261
shall adopt rules under section 5124.03 of the Revised Code to	83262
implement sections 5124.50 to 5124.53 of the Revised Code. The	83263
rules shall specify all of the following:	83264

(A) The method by which written notices to the department	83265
required by sections 5124.50 to 5124.53 of the Revised Code are to	83266
be provided;	83267

(B) The forms and documents that are to be provided to the	83268
department under sections 5124.511 and 5124.512 of the Revised	83269
Code, which shall include, in the case of such forms and documents	83270
provided by entering operators, all the fully executed leases,	83271
management agreements, merger agreements and supporting documents,	83272
and fully executed sales contracts and any other supporting	83273
documents culminating in the change of operator;	83274

(C) The method by which the forms and documents identified in	83275
division (B) of this section are to be provided to the department.	83276

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	83277
~~5111.8710 of the Revised Code:~~	83278

~~"Home and community-based services" has the same meaning as~~	83279
~~in section 5123.01 of the Revised Code.~~	83280

~~"ICF/MR services" means intermediate care facility for the~~	83281
~~mentally retarded services covered by the medicaid program that an~~	83282
~~intermediate care facility for the mentally retarded provides to a~~	83283
~~resident of the facility who is a medicaid recipient eligible for~~	83284
~~medicaid-covered intermediate care facility for the mentally~~	83285
~~retarded services.~~	83286

~~"Intermediate care facility for the mentally retarded" means~~	83287
~~an intermediate care facility for the mentally retarded that is~~	83288
~~certified as in compliance with applicable standards for the~~	83289
~~medicaid program by the director of health in accordance with~~	83290
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	83291
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	83292
~~under section 5123.19 of the Revised Code.~~	83293

~~"Residential facility" has the same meaning as in section~~	83294
~~5123.19 of the Revised Code.~~	83295

~~(B)~~ For the purpose of increasing the number of slots	83296
available for home and community-based services and subject to	83297
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	83298
Code, the operator of an ~~intermediate care facility for the~~	83299
~~mentally retarded~~ICF/MR may convert some or all of the beds in	83300
the ~~facility~~ICF/MR from providing ICF/MR services to providing	83301
home and community-based services if all of the following	83302
requirements are met:	83303

(1) The operator provides the directors of health and	83304
developmental disabilities at least ninety days' notice of the	83305
operator's intent to make the conversion.	83306

(2) The operator complies with the requirements of sections	83307
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	83308
a voluntary termination ~~as defined in section 5111.65 of the~~	83309
~~Revised Code~~ if those requirements are applicable.	83310

(3) If the operator intends to convert all of the ~~facility's~~	83311
ICF/MR's beds, the operator notifies each of the ~~facility's~~	83312
ICF/MR's residents that the ~~facility~~ICF/MR is to cease providing	83313
ICF/MR services and inform each resident that the resident may do	83314
either of the following:	83315

(a) Continue to receive ICF/MR services by transferring to	83316
another ~~facility~~ICF/MR that is ~~an intermediate care facility for~~	83317
~~the mentally retarded~~ willing and able to accept the resident if	83318
the resident continues to qualify for ICF/MR services;	83319

(b) Begin to receive home and community-based services	83320
instead of ICF/MR services from any provider of home and	83321
community-based services that is willing and able to provide the	83322
services to the resident if the resident is eligible for the	83323
services and a slot for the services is available to the resident.	83324

(4) If the operator intends to convert some but not all of	83325
the ~~facility's~~ICF/MR's beds, the operator notifies each of the	83326
~~facility's~~ICF/MR's residents that the ~~facility~~ICF/MR is to	83327
convert some of its beds from providing ICF/MR services to	83328
providing home and community-based services and inform each	83329
resident that the resident may do either of the following:	83330

(a) Continue to receive ICF/MR services from any ~~provider of~~	83331
~~services~~ ICF/MR that is willing and able to provide the services	83332
to the resident if the resident continues to qualify for ICF/MR	83333
services;	83334

(b) Begin to receive home and community-based services	83335
instead of ICF/MR services from any provider of home and	83336
community-based services that is willing and able to provide the	83337
services to the resident if the resident is eligible for the	83338
services and a slot for the services is available to the resident.	83339

(5) The operator meets the requirements for providing home	83340
and community-based services, including the following:	83341

(a) Such requirements applicable to a residential facility if	83342
the operator maintains the facility's license as a residential	83343
facility;	83344

(b) Such requirements applicable to a facility that is not	83345
licensed as a residential facility if the operator surrenders the	83346
facility's license as a residential facility under section 5123.19	83347
of the Revised Code.	83348

(6) The director of developmental disabilities approves the	83349
conversion.	83350

~~(C)~~(B) A decision by the director of developmental	83351
disabilities to approve or refuse to approve a proposed conversion	83352
of beds is final. In making a decision, the director shall	83353
consider all of the following:	83354

(1) The fiscal impact on the ~~facility~~ICF/MR if some but not	83355
all of the beds are converted;	83356

(2) The fiscal impact on the ~~medical assistance~~medicaid	83357
program;	83358

(3) The availability of home and community-based services.

83359

~~(D)~~(C) The notice provided to the directors under division	83360
~~(B)~~(A)(1) of this section shall specify whether some or all of the	83361
~~facility's~~ICF/MR's beds are to be converted. If some but not all	83362
of the beds are to be converted, the notice shall specify how many	83363
of the ~~facility's~~ICF/MR's beds are to be converted and how many	83364
of the beds are to continue to provide ICF/MR services. The notice	83365
to the director of developmental disabilities shall specify	83366
whether the operator wishes to surrender the ~~facility's~~ICF/MR's	83367
license as a residential facility under section 5123.19 of the	83368
Revised Code.	83369

~~(E)~~(D)(1) If the director of developmental disabilities	83370
approves a conversion under division ~~(C)~~(B) of this section, the	83371
director of health shall do the following:	83372

(a) Terminate the ICF/MR's medicaid certification ~~of the~~	83373
~~intermediate care facility for the mentally retarded~~ if the notice	83374
specifies that all of the ~~facility's~~ICF/MR's beds are to be	83375
converted;	83376

(b) Reduce the ~~facility's certified~~ICF/MR's	83377
medicaid-certified capacity by the number of beds being converted	83378
if the notice specifies that some but not all of the beds are to	83379
be converted.	83380

(2) The director of health shall notify the medicaid director	83381
~~of job and family services~~ of the termination or reduction. On	83382
receipt of the ~~director of health's~~ notice, the medicaid director	83383
~~of job and family services~~ shall do the following:	83384

(a) Terminate the operator's medicaid provider agreement that	83385
authorizes the operator to provide ICF/MR services at the	83386
~~facility~~ICF/MR if the ~~facility's~~ICF/MR's certification was	83387
terminated;	83388

(b) Amend the operator's medicaid provider agreement to	83389
reflect the ~~facility's~~ICF/MR's reduced ~~certified~~	83390
medicaid-certified capacity if the ~~facility's certified~~ICF/MR's	83391
medicaid-certified capacity is reduced.	83392

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	83393
of this section, the operator is not entitled to notice or a	83394
hearing under Chapter 119. of the Revised Code before the medicaid	83395
director ~~of job and family services~~ terminates the medicaid	83396
provider agreement.	83397

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	83398
number of slots available for home and community-based services	83399
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	83400
the Revised Code, a person who acquires, through a request for	83401
proposals issued by the director of developmental disabilities, a	83402
~~residential facility that is an intermediate care facility for the~~	83403
~~mentally retarded and~~an ICF/MR for which ~~the~~a residential	83404
facility license ~~as a residential facility~~ was previously	83405
surrendered or revoked may convert some or all of the ~~facility's~~	83406
ICF/MR's beds from providing ICF/MR services to providing home and	83407
community-based services if all of the following requirements are	83408
met:	83409

(1) The person provides the directors of health~~, job and~~	83410
~~family services,~~ and developmental disabilities and medicaid	83411
director at least ninety days' notice of the person's intent to	83412
make the conversion.	83413

(2) The person complies with the requirements of sections	83414
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	83415
a voluntary termination ~~as defined in section 5111.65 of the~~	83416
~~Revised Code~~ if those requirements are applicable.	83417

(3) If the person intends to convert all of the ~~facility's~~	83418
ICF/MR's beds, the person notifies each of the ~~facility's~~	83419
ICF/MR's residents that the ~~facility~~ICF/MR is to cease providing	83420
ICF/MR services and informs each resident that the resident may do	83421
either of the following:	83422

(a) Continue to receive ICF/MR services by transferring to	83423
another ~~facility that is an intermediate care facility for the~~	83424
~~mentally retarded~~ICF/MR willing and able to accept the resident	83425
if the resident continues to qualify for ICF/MR services;	83426

(b) Begin to receive home and community-based services	83427
instead of ICF/MR services from any provider of home and	83428
community-based services that is willing and able to provide the	83429
services to the resident if the resident is eligible for the	83430
services and a slot for the services is available to the resident.	83431

(4) If the person intends to convert some but not all of the	83432
~~facility's~~ICF/MR's beds, the person notifies each of the	83433
~~facility's~~ICF/MR's residents that the ~~facility~~ICF/MR is to	83434
convert some of its beds from providing ICF/MR services to	83435
providing home and community-based services and inform each	83436
resident that the resident may do either of the following:	83437

(a) Continue to receive ICF/MR services from any ~~provider of~~	83438
~~ICF/MR services~~ that is willing and able to provide the services	83439
to the resident if the resident continues to qualify for ICF/MR	83440
services;	83441

(b) Begin to receive home and community-based services	83442
instead of ICF/MR services from any provider of home and	83443
community-based services that is willing and able to provide the	83444
services to the resident if the resident is eligible for the	83445
services and a slot for the services is available to the resident.	83446

(5) The person meets the requirements for providing home and	83447
community-based services at a residential facility.	83448

(B) The notice provided to the directors under division	83449
(A)(1) of this section shall specify whether some or all of the	83450
~~facility's~~ICF/MR's beds are to be converted. If some but not all	83451
of the beds are to be converted, the notice shall specify how many	83452
of the ~~facility's~~ICF/MR's beds are to be converted and how many	83453
of the beds are to continue to provide ICF/MR services.	83454

(C) On receipt of a notice under division (A)(1) of this	83455
section, the director of health shall do the following:	83456

(1) Terminate the ICF/MR's medicaid certification ~~of the~~	83457
~~intermediate care facility for the mentally retarded~~ if the notice	83458
specifies that all of the facility's beds are to be converted;	83459

(2) Reduce the ~~facility's certified~~ICF/MR's	83460
medicaid-certified capacity by the number of beds being converted	83461
if the notice specifies that some but not all of the beds are to	83462
be converted.	83463

(D) The director of health shall notify the medicaid director	83464
~~of job and family services~~ of the termination or reduction under	83465
division (C) of this section. On receipt of the director of	83466
health's notice, the medicaid director ~~of job and family services~~	83467
shall do the following:	83468

(1) Terminate the person's medicaid provider agreement that	83469
authorizes the person to provide ICF/MR services at the ~~facility~~	83470
ICF/MR if the ~~facility's~~ICF/MR's medicaid certification was	83471
terminated;	83472

(2) Amend the person's medicaid provider agreement to reflect	83473
the ~~facility's~~ICF/MR's reduced ~~certified~~medicaid-certified	83474
capacity if the ~~facility's certified~~ICF/MR's medicaid-certified	83475
capacity is reduced.	83476

The person is not entitled to notice or a hearing under	83477
Chapter 119. of the Revised Code before the medicaid director of	83478
~~job and family services~~ terminates or amends the medicaid provider	83479
agreement.	83480

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	83481
of the Revised Code, the director of developmental disabilities	83482
may request that the medicaid director ~~of job and family services~~	83483
seek the approval of the United States secretary of health and	83484
human services to increase the number of slots available for home	83485
and community-based services by a number not exceeding the number	83486
of beds that were part of the licensed capacity of a residential	83487
facility that had its license revoked or surrendered under section	83488
5123.19 of the Revised Code if the residential facility was an	83489
~~intermediate care facility for the mentally retarded~~ICF/MR at the	83490
time of the license revocation or surrender. The revocation or	83491
surrender may have occurred before, or may occur on or after, June	83492
24, 2008. The request may include beds the director of	83493
developmental disabilities removed from such a residential	83494
facility's licensed capacity before transferring ownership or	83495
operation of the residential facility pursuant to a request for	83496
proposals.	83497

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	83498
~~family services~~ may seek approval from the United States secretary	83499
of health and human services for not more than a total of five	83500
hundred slots for home and community-based services for the	83501
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	83502
~~5111.876~~5124.62 of the Revised Code.	83503

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of five hundred	83504
beds may be converted from providing ICF/MR services to providing	83505
home and community-based services under sections ~~5111.874~~5124.60	83506
and ~~5111.875~~5124.61 of the Revised Code.	83507

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	83508
reconvert a bed to be used for ICF/MR services if the bed was	83509
converted to use for home and community-based services under	83510
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	83511
This prohibition applies regardless of either of the following:	83512

(A) The bed is part of the licensed capacity of a residential	83513
facility.	83514

(B) The bed has been sold, leased, or otherwise transferred	83515
to another person or government entity.	83516

Sec. 5124.99. Whoever violates section 5124.102 or division	83517
(E) of section 5124.08 of the Revised Code shall be fined not less	83518
than five hundred dollars nor more than one thousand dollars for	83519
the first offense and not less than one thousand dollars nor more	83520
than five thousand dollars for each subsequent offense.	83521

Fines paid under this section shall be deposited in the state	83522
treasury to the credit of the general revenue fund.	83523

Sec. 5126.01. As used in this chapter:

83524

(A) As used in this division, "adult" means an individual who	83525
is eighteen years of age or over and not enrolled in a program or	83526
service under Chapter 3323. of the Revised Code and an individual	83527
sixteen or seventeen years of age who is eligible for adult	83528
services under rules adopted by the director of developmental	83529
disabilities pursuant to Chapter 119. of the Revised Code.	83530

(1) "Adult services" means services provided to an adult	83531
outside the home, except when they are provided within the home	83532
according to an individual's assessed needs and identified in an	83533
individual service plan, that support learning and assistance in	83534
the area of self-care, sensory and motor development,	83535
socialization, daily living skills, communication, community	83536
living, social skills, or vocational skills.	83537

(2) "Adult services" includes all of the following:

83538

(a) Adult day habilitation services;

83539

(b) Adult day care;

83540

83541

(d) Sheltered employment;

83542

(e) Educational experiences and training obtained through	83543
entities and activities that are not expressly intended for	83544
individuals with mental retardation and developmental	83545
disabilities, including trade schools, vocational or technical	83546
schools, adult education, job exploration and sampling, unpaid	83547
work experience in the community, volunteer activities, and	83548
spectator sports;	83549

(f) Community employment services and supported employment	83550
services.	83551

(B)(1) "Adult day habilitation services" means adult services	83552
that do the following:	83553

(a) Provide access to and participation in typical activities	83554
and functions of community life that are desired and chosen by the	83555
general population, including such activities and functions as	83556
opportunities to experience and participate in community	83557
exploration, companionship with friends and peers, leisure	83558
activities, hobbies, maintaining family contacts, community	83559
events, and activities where individuals without disabilities are	83560
involved;	83561

(b) Provide supports or a combination of training and	83562
supports that afford an individual a wide variety of opportunities	83563
to facilitate and build relationships and social supports in the	83564
community.	83565

(2) "Adult day habilitation services" includes all of the	83566
following:	83567

(a) Personal care services needed to ensure an individual's	83568
ability to experience and participate in vocational services,	83569
educational services, community activities, and any other adult	83570
day habilitation services;	83571

(b) Skilled services provided while receiving adult day	83572
habilitation services, including such skilled services as behavior	83573
management intervention, occupational therapy, speech and language	83574
therapy, physical therapy, and nursing services;	83575

(c) Training and education in self-determination designed to	83576
help the individual do one or more of the following: develop	83577
self-advocacy skills, exercise the individual's civil rights,	83578
acquire skills that enable the individual to exercise control and	83579
responsibility over the services received, and acquire skills that	83580
enable the individual to become more independent, integrated, or	83581
productive in the community;	83582

(d) Recreational and leisure activities identified in the	83583
individual's service plan as therapeutic in nature or assistive in	83584
developing or maintaining social supports;	83585

(e) Counseling and assistance provided to obtain housing,	83586
including such counseling as identifying options for either rental	83587
or purchase, identifying financial resources, assessing needs for	83588
environmental modifications, locating housing, and planning for	83589
ongoing management and maintenance of the housing selected;	83590

(f) Transportation necessary to access adult day habilitation	83591
services;	83592

(g) Habilitation management, as described in section 5126.14	83593
of the Revised Code.	83594

(3) "Adult day habilitation services" does not include	83595
activities that are components of the provision of residential	83596
services, family support services, or supported living services.	83597

83598

(1) In the case of a member of a county board of	83599
developmental disabilities appointed by, or to be appointed by, a	83600
board of county commissioners, the board of county commissioners;	83601

(2) In the case of a member of a county board appointed by,	83602
or to be appointed by, a senior probate judge, the senior probate	83603
judge.	83604

(D) "Community employment," "competitive employment," and	83605
"integrated setting" have the same meanings as in section 5123.022	83606
of the Revised Code.	83607

(E) "Community employment services" or "supported employment	83608
services" means job training and other services related to	83609
employment outside a sheltered workshop. "Community employment	83610
services" or "supported employment services" include all of the	83611
following:	83612

(1) Job training resulting in the attainment of ~~competitive~~	83613
~~work~~community employment, supported work in a typical work	83614
environment, or self-employment;	83615

(2) Supervised work experience through an employer paid to	83616
provide the supervised work experience;	83617

(3) Ongoing ~~work in a competitive work environment at a wage~~	83618
~~commensurate with workers without disabilities~~community	83619
employment;	83620

(4) Ongoing supervision by an employer paid to provide the	83621
supervision.	83622

~~(E)~~(F) As used in this division, "substantial functional	83623
limitation," "developmental delay," and "established risk" have	83624
the meanings established pursuant to section 5123.011 of the	83625
Revised Code.	83626

"Developmental disability" means a severe, chronic disability	83627
that is characterized by all of the following:	83628

(1) It is attributable to a mental or physical impairment or	83629
a combination of mental and physical impairments, other than a	83630
mental or physical impairment solely caused by mental illness as	83631
defined in division (A) of section 5122.01 of the Revised Code;	83632

(2) It is manifested before age twenty-two;

83633

(3) It is likely to continue indefinitely;

83634

(4) It results in one of the following:

83635

(a) In the case of a person under age three, at least one	83636
developmental delay or an established risk;	83637

(b) In the case of a person at least age three but under age	83638
six, at least two developmental delays or an established risk;	83639

(c) In the case of a person age six or older, a substantial	83640
functional limitation in at least three of the following areas of	83641
major life activity, as appropriate for the person's age:	83642
self-care, receptive and expressive language, learning, mobility,	83643
self-direction, capacity for independent living, and, if the	83644
person is at least age sixteen, capacity for economic	83645
self-sufficiency.	83646

(5) It causes the person to need a combination and sequence	83647
of special, interdisciplinary, or other type of care, treatment,	83648
or provision of services for an extended period of time that is	83649
individually planned and coordinated for the person.	83650

~~(F)~~(G) "Early childhood services" means a planned program of	83651
habilitation designed to meet the needs of individuals with mental	83652
retardation or other developmental disabilities who have not	83653
attained compulsory school age.	83654

~~(G)~~(H)(1) "Environmental modifications" means the physical	83655
adaptations to an individual's home, specified in the individual's	83656
service plan, that are necessary to ensure the individual's	83657
health, safety, and welfare or that enable the individual to	83658
function with greater independence in the home, and without which	83659
the individual would require institutionalization.	83660

(2) "Environmental modifications" includes such adaptations	83661
as installation of ramps and grab-bars, widening of doorways,	83662
modification of bathroom facilities, and installation of	83663
specialized electric and plumbing systems necessary to accommodate	83664
the individual's medical equipment and supplies.	83665

(3) "Environmental modifications" does not include physical	83666
adaptations or improvements to the home that are of general	83667
utility or not of direct medical or remedial benefit to the	83668
individual, including such adaptations or improvements as	83669
carpeting, roof repair, and central air conditioning.	83670

~~(H)~~(I) "Family support services" means the services provided	83671
under a family support services program operated under section	83672
5126.11 of the Revised Code.	83673

~~(I)~~(J) "Habilitation" means the process by which the staff of	83674
the facility or agency assists an individual with mental	83675
retardation or other developmental disability in acquiring and	83676
maintaining those life skills that enable the individual to cope	83677
more effectively with the demands of the individual's own person	83678
and environment, and in raising the level of the individual's	83679
personal, physical, mental, social, and vocational efficiency.	83680
Habilitation includes, but is not limited to, programs of formal,	83681
structured education and training.	83682

~~(J)~~(K) "Home and community-based services" ~~means~~	83683
~~medicaid-funded home and community-based services specified in~~	83684
~~division (B)(1) of section 5111.87 of the Revised Code and~~	83685
~~provided under the medicaid waiver components the department of~~	83686
~~developmental disabilities administers pursuant to~~has the same	83687
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	83688
~~However, home and community-based services provided under the~~	83689
~~medicaid waiver component known as the transitions developmental~~	83690
~~disabilities waiver are to be considered to be home and~~	83691
~~community-based services for the purposes of this chapter only to~~	83692
~~the extent, if any, provided by the contract required by section~~	83693
~~5111.871 of the Revised Code regarding the waiver.~~	83694

~~(K)~~(L) "ICF/MR" has the same meaning as in section 5124.01 of	83695
the Revised Code.	83696

(M) "Immediate family" means parents, grandparents, brothers,	83697
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	83698
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	83699
daughters-in-law.	83700

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	83701
~~the Revised Code.~~	83702

~~(M)~~(N) "Medicaid case management services" means case	83703
management services provided to an individual with mental	83704
retardation or other developmental disability that the state	83705
medicaid plan requires.	83706

~~(N)~~(O) "Mental retardation" means a mental impairment	83707
manifested during the developmental period characterized by	83708
significantly subaverage general intellectual functioning existing	83709
concurrently with deficiencies in the effectiveness or degree with	83710
which an individual meets the standards of personal independence	83711
and social responsibility expected of the individual's age and	83712
cultural group.	83713

~~(O)~~(P) "Residential services" means services to individuals	83714
with mental retardation or other developmental disabilities to	83715
provide housing, food, clothing, habilitation, staff support, and	83716
related support services necessary for the health, safety, and	83717
welfare of the individuals and the advancement of their quality of	83718
life. "Residential services" includes program management, as	83719
described in section 5126.14 of the Revised Code.	83720

~~(P)~~(Q) "Resources" means available capital and other assets,	83721
including moneys received from the federal, state, and local	83722
governments, private grants, and donations; appropriately	83723
qualified personnel; and appropriate capital facilities and	83724
equipment.	83725

~~(Q)~~(R) "Senior probate judge" means the current probate judge	83726
of a county who has served as probate judge of that county longer	83727
than any of the other current probate judges of that county. If a	83728
county has only one probate judge, "senior probate judge" means	83729
that probate judge.	83730

~~(R)~~(S) "Service and support administration" means the duties	83731
performed by a service and support administrator pursuant to	83732
section 5126.15 of the Revised Code.	83733

~~(S)~~(T)(1) "Specialized medical, adaptive, and assistive	83734
equipment, supplies, and supports" means equipment, supplies, and	83735
supports that enable an individual to increase the ability to	83736
perform activities of daily living or to perceive, control, or	83737
communicate within the environment.	83738

(2) "Specialized medical, adaptive, and assistive equipment,	83739
supplies, and supports" includes the following:	83740

(a) Eating utensils, adaptive feeding dishes, plate guards,	83741
mylatex straps, hand splints, reaches, feeder seats, adjustable	83742
pointer sticks, interpreter services, telecommunication devices	83743
for the deaf, computerized communications boards, other	83744
communication devices, support animals, veterinary care for	83745
support animals, adaptive beds, supine boards, prone boards,	83746
wedges, sand bags, sidelayers, bolsters, adaptive electrical	83747
switches, hand-held shower heads, air conditioners, humidifiers,	83748
emergency response systems, folding shopping carts, vehicle lifts,	83749
vehicle hand controls, other adaptations of vehicles for	83750
accessibility, and repair of the equipment received.	83751

(b) Nondisposable items not covered by medicaid that are	83752
intended to assist an individual in activities of daily living or	83753
instrumental activities of daily living.	83754

~~(T)~~(U) "Supportive home services" means a range of services	83755
to families of individuals with mental retardation or other	83756
developmental disabilities to develop and maintain increased	83757
acceptance and understanding of such persons, increased ability of	83758
family members to teach the person, better coordination between	83759
school and home, skills in performing specific therapeutic and	83760
management techniques, and ability to cope with specific	83761
situations.	83762

~~(U)~~(V)(1) "Supported living" means services provided for as	83763
long as twenty-four hours a day to an individual with mental	83764
retardation or other developmental disability through any public	83765
or private resources, including moneys from the individual, that	83766
enhance the individual's reputation in community life and advance	83767
the individual's quality of life by doing the following:	83768

(a) Providing the support necessary to enable an individual	83769
to live in a residence of the individual's choice, with any number	83770
of individuals who are not disabled, or with not more than three	83771
individuals with mental retardation and developmental disabilities	83772
unless the individuals are related by blood or marriage;	83773

(b) Encouraging the individual's participation in the	83774
community;	83775

83776

(d) Assisting the individual in acquiring, retaining, and	83777
improving the skills and competence necessary to live successfully	83778
in the individual's residence.	83779

(2) "Supported living" includes the provision of all of the	83780
following:	83781

(a) Housing, food, clothing, habilitation, staff support,	83782
professional services, and any related support services necessary	83783
to ensure the health, safety, and welfare of the individual	83784
receiving the services;	83785

(b) A combination of lifelong or extended-duration	83786
supervision, training, and other services essential to daily	83787
living, including assessment and evaluation and assistance with	83788
the cost of training materials, transportation, fees, and	83789
supplies;	83790

83791

(d) Household maintenance that does not include modifications	83792
to the physical structure of the residence;	83793

(e) Respite care services;

83794

(f) Program management, as described in section 5126.14 of	83795
the Revised Code.	83796

Sec. 5126.026. Except as otherwise provided in this section	83797
and section 5126.0218 of the Revised Code, a member of a county	83798
board of developmental disabilities may be reappointed to the	83799
county board. Prior to making a reappointment, the appointing	83800
authority shall ascertain, through written communication with the	83801
board, that the member being considered for reappointment meets	83802
the requirements of sections 5126.022 and 5126.0218 of the Revised	83803
Code.	83804

A member who has served during each of three consecutive	83805
terms shall not be reappointed for a subsequent term until two	83806
years after ceasing to be a member of the county board, except	83807
that a member who has served for ten years or less within three	83808
consecutive terms may be reappointed for a subsequent term before	83809
becoming ineligible for reappointment for two years.	83810

If, however, a county board experiences extenuating	83811
circumstances that would severely restrict the board from being	83812
able to fill a pending vacancy of a board member who will become	83813
ineligible for service on the board after serving three	83814
consecutive terms, the appointing authority may request a waiver	83815
from the director of developmental disabilities to allow that	83816
member to serve an additional four-year term subsequent to serving	83817
three consecutive four-year terms. The director shall determine if	83818
the extenuating circumstances associated with the board warrant	83819
the granting of such a waiver.	83820

Sec. 5126.05. (A) Subject to the rules established by the	83821
director of developmental disabilities pursuant to Chapter 119. of	83822
the Revised Code for programs and services offered pursuant to	83823
this chapter, and subject to the rules established by the state	83824
board of education pursuant to Chapter 119. of the Revised Code	83825
for programs and services offered pursuant to Chapter 3323. of the	83826
Revised Code, the county board of developmental disabilities	83827
shall:	83828

(1) Administer and operate facilities, programs, and services	83829
as provided by this chapter and Chapter 3323. of the Revised Code	83830
and establish policies for their administration and operation;	83831

(2) Coordinate, monitor, and evaluate existing services and	83832
facilities available to individuals with mental retardation and	83833
developmental disabilities;	83834

(3) Provide early childhood services, supportive home	83835
services, and adult services, according to the plan and priorities	83836
developed under section 5126.04 of the Revised Code;	83837

(4) Provide or contract for special education services	83838
pursuant to Chapters 3317. and 3323. of the Revised Code and	83839
ensure that related services, as defined in section 3323.01 of the	83840
Revised Code, are available according to the plan and priorities	83841
developed under section 5126.04 of the Revised Code;	83842

(5) Adopt a budget, authorize expenditures for the purposes	83843
specified in this chapter and do so in accordance with section	83844
319.16 of the Revised Code, approve attendance of board members	83845
and employees at professional meetings and approve expenditures	83846
for attendance, and exercise such powers and duties as are	83847
prescribed by the director;	83848

(6) Submit annual reports of its work and expenditures,	83849
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	83850
the director, the superintendent of public instruction, and the	83851
board of county commissioners at the close of the fiscal year and	83852
at such other times as may reasonably be requested;	83853

(7) Authorize all positions of employment, establish	83854
compensation, including but not limited to salary schedules and	83855
fringe benefits for all board employees, approve contracts of	83856
employment for management employees that are for a term of more	83857
than one year, employ legal counsel under section 309.10 of the	83858
Revised Code, and contract for employee benefits;	83859

(8) Provide service and support administration in accordance	83860
with section 5126.15 of the Revised Code;	83861

(9) Certify respite care homes pursuant to rules adopted	83862
under section 5123.171 of the Revised Code by the director of	83863
developmental disabilities;	83864

(10) Implement an employment first policy that clearly	83865
identifies community employment as the desired outcome for every	83866
individual of working age who receives services from the board;	83867

(11) Set benchmarks for improving community employment	83868
outcomes;	83869

(12) Establish a list of services, from least to most	83870
integrated, that improve community employment outcomes.	83871

(B) To the extent that rules adopted under this section apply	83872
to the identification and placement of children with disabilities	83873
under Chapter 3323. of the Revised Code, they shall be consistent	83874
with the standards and procedures established under sections	83875
3323.03 to 3323.05 of the Revised Code.	83876

(C) Any county board may enter into contracts with other such	83877
boards and with public or private, nonprofit, or profit-making	83878
agencies or organizations of the same or another county, to	83879
provide the facilities, programs, and services authorized or	83880
required, upon such terms as may be agreeable, and in accordance	83881
with this chapter and Chapter 3323. of the Revised Code and rules	83882
adopted thereunder and in accordance with sections 307.86 and	83883
5126.071 of the Revised Code.	83884

(D) A county board may combine transportation for children	83885
and adults enrolled in programs and services offered under Chapter	83886
5126. of the Revised Code with transportation for children	83887
enrolled in classes funded under ~~section~~sections 3317.0213 and	83888
3317.20 ~~or units approved under section 3317.05~~ of the Revised	83889
Code.	83890

(E) A county board may purchase all necessary insurance	83891
policies, may purchase equipment and supplies through the	83892
department of administrative services or from other sources, and	83893
may enter into agreements with public agencies or nonprofit	83894
organizations for cooperative purchasing arrangements.	83895

(F) A county board may receive by gift, grant, devise, or	83896
bequest any moneys, lands, or property for the benefit of the	83897
purposes for which the board is established and hold, apply, and	83898
dispose of the moneys, lands, and property according to the terms	83899
of the gift, grant, devise, or bequest. All money received by	83900
gift, grant, bequest, or disposition of lands or property received	83901
by gift, grant, devise, or bequest shall be deposited in the	83902
county treasury to the credit of such board and shall be available	83903
for use by the board for purposes determined or stated by the	83904
donor or grantor, but may not be used for personal expenses of the	83905
board members. Any interest or earnings accruing from such gift,	83906
grant, devise, or bequest shall be treated in the same manner and	83907
subject to the same provisions as such gift, grant, devise, or	83908
bequest.	83909

(G) The board of county commissioners shall levy taxes and	83910
make appropriations sufficient to enable the county board of	83911
developmental disabilities to perform its functions and duties,	83912
and may utilize any available local, state, and federal funds for	83913
such purpose.	83914

Sec. 5126.051. (A) To the extent that resources are	83915
available, a county board of developmental disabilities shall	83916
provide for or arrange residential services and supported living	83917
for individuals with mental retardation and developmental	83918
disabilities.	83919

A county board may acquire, convey, lease, or sell property	83920
for residential services and supported living and enter into loan	83921
agreements, including mortgages, for the acquisition of such	83922
property. A county board is not required to comply with provisions	83923
of Chapter 307. of the Revised Code providing for competitive	83924
bidding or sheriff sales in the acquisition, lease, conveyance, or	83925
sale of property under this division, but the acquisition, lease,	83926
conveyance, or sale must be at fair market value determined by	83927
appraisal of one or more disinterested persons appointed by the	83928
board.	83929

Any action taken by a county board under this division that	83930
will incur debt on the part of the county shall be taken in	83931
accordance with Chapter 133. of the Revised Code. A county board	83932
shall not incur any debt on the part of the county without the	83933
prior approval of the board of county commissioners.	83934

(B)(1) To the extent that resources are available, in	83935
~~addition to sheltered employment and work activities provided as~~a	83936
county board shall provide or arrange for the provision of adult	83937
services pursuant to division (A)(3) of section 5126.05 of the	83938
Revised Code, ~~a county board of developmental disabilities may~~	83939
~~provide or arrange for~~including job training, vocational	83940
evaluation, and community employment services to ~~mentally retarded~~	83941
~~and developmentally disabled~~ individuals who are age eighteen and	83942
older and not enrolled in a program or service under Chapter 3323.	83943
of the Revised Code or age sixteen or seventeen and eligible for	83944
adult services under rules adopted by the director of	83945
developmental disabilities under Chapter 119. of the Revised Code.	83946
These services shall be provided in accordance with the	83947
individual's individual service or habilitation plan and shall	83948
include support services specified in the plan.	83949

(2) A county board may, in cooperation with the ~~Ohio~~	83950
rehabilitation services commission, seek federal funds for job	83951
training and community employment services.	83952

(3) A county board may contract with any agency, board, or	83953
other entity that is accredited by the commission on accreditation	83954
of rehabilitation facilities to provide services. A county board	83955
that is accredited by the commission on accreditation of	83956
rehabilitation facilities may provide services for which it is	83957
certified by the commission.	83958

(C) To the extent that resources are available, a county	83959
board may provide services to an individual with mental	83960
retardation or other developmental disability in addition to those	83961
provided pursuant to this section, section 5126.05 of the Revised	83962
Code, or any other section of this chapter. The services shall be	83963
provided in accordance with the individual's habilitation or	83964
service plan and may be provided in collaboration with other	83965
entities of state or local government.	83966

Sec. 5126.054. (A) Each county board of developmental	83967
disabilities shall, by resolution, develop a three-calendar year	83968
plan that includes the following three components:	83969

(1) An assessment component that includes all of the	83970
following:	83971

(a) The number of individuals with mental retardation or	83972
other developmental disability residing in the county who need the	83973
level of care provided by an ~~intermediate care facility for the~~	83974
~~mentally retarded~~ICF/MR, may seek home and community-based	83975
services, and are given priority on a waiting list established for	83976
the services pursuant to section 5126.042 of the Revised Code; the	83977
service needs of those individuals; and the projected annualized	83978
cost for services;	83979

(b) The source of funds available to the county board to pay	83980
the nonfederal share of medicaid expenditures that the county	83981
board is required by sections 5126.059 and 5126.0510 of the	83982
Revised Code to pay;	83983

(c) Any other applicable information or conditions that the	83984
department of developmental disabilities requires as a condition	83985
of approving the component under section 5123.046 of the Revised	83986
Code.	83987

(2) A preliminary implementation component that specifies the	83988
number of individuals to be provided, during the first year that	83989
the plan is in effect, home and community-based services pursuant	83990
to the waiting list priority given to them under section 5126.042	83991
of the Revised Code and the types of home and community-based	83992
services the individuals are to receive;	83993

(3) A component that provides for the implementation of	83994
medicaid case management services and home and community-based	83995
services for individuals who begin to receive the services on or	83996
after the date the plan is approved under section 5123.046 of the	83997
Revised Code. A county board shall include all of the following in	83998
the component:	83999

(a) If the department of developmental disabilities or	84000
department of ~~job and family services~~medicaid requires, an	84001
agreement to pay the nonfederal share of medicaid expenditures	84002
that the county board is required by sections 5126.059 and	84003
5126.0510 of the Revised Code to pay;	84004

(b) How the services are to be phased in over the period the	84005
plan covers, including how the county board will serve individuals	84006
who have priority on a waiting list established under section	84007
5126.042 of the Revised Code;	84008

(c) Any agreement or commitment regarding the county board's	84009
funding of home and community-based services that the county board	84010
has with the department at the time the county board develops the	84011
component;	84012

(d) Assurances adequate to the department that the county	84013
board will comply with all of the following requirements:	84014

(i) To provide the types of home and community-based services	84015
specified in the preliminary implementation component required by	84016
division (A)(2) of this section to at least the number of	84017
individuals specified in that component;	84018

(ii) To use any additional funds the county board receives	84019
for the services to improve the county board's resource	84020
capabilities for supporting such services available in the county	84021
at the time the component is developed and to expand the services	84022
to accommodate the unmet need for those services in the county;	84023

(iii) To employ or contract with a business manager or enter	84024
into an agreement with another county board of developmental	84025
disabilities that employs or contracts with a business manager to	84026
have the business manager serve both county boards. No	84027
superintendent of a county board may serve as the county board's	84028
business manager.	84029

(iv) To employ or contract with a medicaid services manager	84030
or enter into an agreement with another county board of	84031
developmental disabilities that employs or contracts with a	84032
medicaid services manager to have the medicaid services manager	84033
serve both county boards. No superintendent of a county board may	84034
serve as the county board's medicaid services manager.	84035

(e) Programmatic and financial accountability measures and	84036
projected outcomes expected from the implementation of the plan;	84037

(f) Any other applicable information or conditions that the	84038
department requires as a condition of approving the component	84039
under section 5123.046 of the Revised Code.	84040

(B) A county board whose plan developed under division (A) of	84041
this section is approved by the department under section 5123.046	84042
of the Revised Code shall update and renew the plan in accordance	84043
with a schedule the department shall develop.	84044

Sec. 5126.055. (A) Except as provided in section 5126.056 of	84045
the Revised Code, a county board of developmental disabilities has	84046
medicaid local administrative authority to, and shall, do all of	84047
the following for an individual with mental retardation or other	84048
developmental disability who resides in the county that the county	84049
board serves and seeks or receives home and community-based	84050
services:	84051

(1) Perform assessments and evaluations of the individual. As	84052
part of the assessment and evaluation process, the county board	84053
shall do all of the following:	84054

(a) Make a recommendation to the department of developmental	84055
disabilities on whether the department should approve or deny the	84056
individual's application for the services, including on the basis	84057
of whether the individual needs the level of care an ~~intermediate~~	84058
~~care facility for the mentally retarded~~ICF/MR provides;	84059

(b) If the individual's application is denied because of the	84060
county board's recommendation and the individual ~~requests a~~	84061
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	84062
Revised Code, present, with the department of developmental	84063
disabilities or department of ~~job and family services~~medicaid,	84064
whichever denies the application, the reasons for the	84065
recommendation and denial at the hearing;	84066

(c) If the individual's application is approved, recommend to	84067
the departments of developmental disabilities and ~~job and family~~	84068
~~services~~medicaid the services that should be included in the	84069
individual's individualized service plan and, if either department	84070
approves, reduces, denies, or terminates a service included in the	84071
individual's individualized service plan under section ~~5111.871~~	84072
5166.20 of the Revised Code because of the county board's	84073
recommendation, present, with the department that made the	84074
approval, reduction, denial, or termination, the reasons for the	84075
recommendation and approval, reduction, denial, or termination at	84076
a hearing held pursuant to an appeal made under section ~~5101.35~~	84077
5160.31 of the Revised Code.	84078

(2) Perform any duties assigned to the county board in rules	84079
adopted under section 5126.046 of the Revised Code regarding the	84080
individual's right to choose a qualified and willing provider of	84081
the services and, at a hearing held pursuant to an appeal made	84082
under section ~~5101.35~~5160.31 of the Revised Code, present	84083
evidence of the process for appropriate assistance in choosing	84084
providers;	84085

(3) If the county board is certified under section 5123.161	84086
of the Revised Code to provide the services and agrees to provide	84087
the services to the individual and the individual chooses the	84088
county board to provide the services, furnish, in accordance with	84089
the county board's medicaid provider agreement and for the	84090
authorized reimbursement rate, the services the individual	84091
requires;	84092

(4) Monitor the services provided to the individual and	84093
ensure the individual's health, safety, and welfare. The	84094
monitoring shall include quality assurance activities. If the	84095
county board provides the services, the department of	84096
developmental disabilities shall also monitor the services.	84097

(5) Develop, with the individual and the provider of the	84098
individual's services, an effective individualized service plan	84099
that includes coordination of services, recommend that the	84100
departments of developmental disabilities and ~~job and family~~	84101
~~services~~medicaid approve the plan, and implement the plan unless	84102
either department disapproves it. The individualized service plan	84103
shall include a summary page, agreed to by the county board,	84104
provider, and individual receiving services, that clearly outlines	84105
the amount, duration, and scope of services to be provided under	84106
the plan.	84107

(6) Have an investigative agent conduct investigations under	84108
section 5126.313 of the Revised Code that concern the individual;	84109

(7) Have a service and support administrator perform the	84110
duties under division (B)(9) of section 5126.15 of the Revised	84111
Code that concern the individual.	84112

(B) A county board shall perform its medicaid local	84113
administrative authority under this section in accordance with all	84114
of the following:	84115

(1) The county board's plan that the department of	84116
developmental disabilities approves under section 5123.046 of the	84117
Revised Code;	84118

(2) All applicable federal and state laws;

84119

(3) All applicable policies of the departments of	84120
developmental disabilities and ~~job and family services~~medicaid	84121
and the United States department of health and human services;	84122

(4) The department of ~~job and family services'~~medicaid's	84123
supervision under its authority ~~under section 5111.01 of the~~	84124
~~Revised Code to act~~ as the single state medicaid agency;	84125

(5) The department of developmental disabilities' oversight.

84126

(C) The departments of developmental disabilities and ~~job and~~	84127
~~family services~~medicaid shall communicate with and provide	84128
training to county boards regarding medicaid local administrative	84129
authority granted by this section. The communication and training	84130
shall include issues regarding audit protocols and other standards	84131
established by the United States department of health and human	84132
services that the departments determine appropriate for	84133
communication and training. County boards shall participate in the	84134
training. The departments shall assess the county board's	84135
compliance against uniform standards that the departments shall	84136
establish.	84137

(D) A county board may not delegate its medicaid local	84138
administrative authority granted under this section but may	84139
contract with a person or government entity, including a council	84140
of governments, for assistance with its medicaid local	84141
administrative authority. A county board that enters into such a	84142
contract shall notify the director of developmental disabilities.	84143
The notice shall include the tasks and responsibilities that the	84144
contract gives to the person or government entity. The person or	84145
government entity shall comply in full with all requirements to	84146
which the county board is subject regarding the person or	84147
government entity's tasks and responsibilities under the contract.	84148
The county board remains ultimately responsible for the tasks and	84149
responsibilities.	84150

(E) A county board that has medicaid local administrative	84151
authority under this section shall, through the departments of	84152
developmental disabilities and ~~job and family services~~medicaid,	84153
reply to, and cooperate in arranging compliance with, a program or	84154
fiscal audit or program violation exception that a state or	84155
federal audit or review discovers. The department of ~~job and~~	84156
~~family services~~medicaid shall timely notify the department of	84157
developmental disabilities and the county board of any adverse	84158
findings. After receiving the notice, the county board, in	84159
conjunction with the department of developmental disabilities,	84160
shall cooperate fully with the department of ~~job and family~~	84161
~~services~~medicaid and timely prepare and send to the department a	84162
written plan of correction or response to the adverse findings.	84163
The county board is liable for any adverse findings that result	84164
from an action it takes or fails to take in its implementation of	84165
medicaid local administrative authority.	84166

(F) If the department of developmental disabilities or	84167
department of ~~job and family services~~medicaid determines that a	84168
county board's implementation of its medicaid local administrative	84169
authority under this section is deficient, the department that	84170
makes the determination shall require that county board do the	84171
following:	84172

(1) If the deficiency affects the health, safety, or welfare	84173
of an individual with mental retardation or other developmental	84174
disability, correct the deficiency within twenty-four hours;	84175

(2) If the deficiency does not affect the health, safety, or	84176
welfare of an individual with mental retardation or other	84177
developmental disability, receive technical assistance from the	84178
department or submit a plan of correction to the department that	84179
is acceptable to the department within sixty days and correct the	84180
deficiency within the time required by the plan of correction.	84181

Sec. 5126.131. (A)(1) Each regional council established	84182
under section 5126.13 of the Revised Code shall file with the	84183
department of developmental disabilities an annual cost report	84184
detailing the regional council's income and expenditures.	84185

(2) Each county board of developmental disabilities shall	84186
file with the department an annual cost report detailing the	84187
board's income and expenditures.	84188

(B)(1)(a) Unless the department establishes a later date for	84189
all regional council cost reports, each council shall file its	84190
cost report not later than the last day of April. At the written	84191
request of a regional council, the department may grant a	84192
fourteen-day extension for filing the cost report.	84193

(b) Unless the department establishes a later date for all	84194
county board cost reports, each board shall file its cost report	84195
not later than the last day of May. At the written request of a	84196
board, the department may grant a fourteen-day extension for	84197
filing the board's cost report.	84198

(2) The cost report shall contain information on the previous	84199
calendar year's income and expenditures. Once filed by a regional	84200
council or board, no changes may be made to the cost report,	84201
including the submission of additional documentation, except as	84202
otherwise provided in this section.	84203

(C) Each cost report filed under this section by a regional	84204
council or board shall be audited by the department or an entity	84205
designated by the department. The department or designated entity	84206
shall notify the regional council or board of the date on which	84207
the audit is to begin. The department may permit a regional	84208
council or board to submit changes to the cost report before the	84209
audit begins.	84210

If the department or designated entity determines that a	84211
filed cost report is not auditable, it shall provide written	84212
notification to the regional council or board of the cost report's	84213
deficiencies and may request additional documentation. If the	84214
department or designated entity requests additional documentation,	84215
the regional council or board shall be given sixty days after the	84216
request is made to provide the additional documentation. After	84217
sixty days, the department or designated entity shall determine	84218
whether the cost report is auditable with any additional	84219
documentation provided and shall notify the regional council or	84220
board of its determination. The determination of the department or	84221
designated entity is final.	84222

(D) The department or designated entity shall certify its	84223
audit as complete and file a copy of the certified audit in the	84224
office of the clerk of the governing body, executive officer of	84225
the governing body, and chief fiscal officer of the audited	84226
regional council or board. Changes may not be made to a cost	84227
report once the department or designated entity files the	84228
certified audit. The cost report is not a public record under	84229
section 149.43 of the Revised Code until copies of the cost report	84230
are filed pursuant to this section.	84231

(E) The department may withhold any funds that it distributes	84232
to a regional council or board as subsidy payments if either of	84233
the following is the case:	84234

(1) The cost report is not timely filed by the regional	84235
council or board with the department in accordance with division	84236
(B) of this section.	84237

(2) The cost report is determined not auditable under	84238
division (C) of this section after the department or designated	84239
entity gives the regional council or board sixty days to provide	84240
additional documentation.	84241

(F) Cost reports shall be retained by regional councils and	84242
boards for seven years. The department shall provide annual	84243
training to regional council and board employees regarding cost	84244
reports required by this section.	84245

(G) The department, in accordance with Chapter 119. of the	84246
Revised Code, may adopt any rules necessary to implement this	84247
section.	84248

Sec. 5126.24. (A) As used in this section:

84249

(1) "License" means an educator license issued by the state	84250
board of education under section 3319.22 of the Revised Code or a	84251
certificate issued by the department of developmental	84252
disabilities.	84253

(2) "Teacher" means a person employed by a county board of	84254
developmental disabilities in a position that requires a license.	84255

(3) "Nonteaching employee" means a person employed by a	84256
county board of developmental disabilities in a position that does	84257
not require a license.	84258

(4) "Years of service" includes all service described in	84259
division (A) of section ~~3317.13~~3317.14 of the Revised Code.	84260

(B) Subject to rules established by the director of	84261
developmental disabilities pursuant to Chapter 119. of the Revised	84262
Code, each county board of developmental disabilities shall	84263
annually adopt separate salary schedules for teachers and	84264
nonteaching employees.	84265

(C) The teachers' salary schedule shall provide for	84266
increments based on training and years of service. The board may	84267
establish its own service requirements ~~provided no teacher~~	84268
~~receives less than the salary the teacher would be paid under~~	84269
~~section 3317.13 of the Revised Code if the teacher were employed~~	84270
~~by a school district board of education and~~ provided full credit	84271
for a minimum of five years of actual teaching and military	84272
experience as defined in division (A) of such section is given to	84273
each teacher.	84274

Each teacher who has completed training that would qualify	84275
the teacher for a higher salary bracket pursuant to this section	84276
shall file by the fifteenth day of September with the fiscal	84277
officer of the board, satisfactory evidence of the completion of	84278
such additional training. The fiscal officer shall then	84279
immediately place the teacher, pursuant to this section, in the	84280
proper salary bracket in accordance with training and years of	84281
service. ~~No teacher shall be paid less than the salary to which~~	84282
~~the teacher would be entitled under section 3317.13 of the Revised~~	84283
~~Code if the teacher were employed by a school district board of~~	84284
~~education.~~	84285

The superintendent of each county board, on or before the	84286
fifteenth day of October of each year, shall certify to the state	84287
board of education the name of each teacher employed, on an annual	84288
salary, in each special education program operated pursuant to	84289
section 3323.09 of the Revised Code during the first full school	84290
week of October. The superintendent further shall certify, for	84291
each teacher, the number of years of training completed at a	84292
recognized college, the degrees earned from a college recognized	84293
by the state board, the type of license held, the number of months	84294
employed by the board, the annual salary, and other information	84295
that the state board may request.	84296

(D) The nonteaching employees' salary schedule established by	84297
the board shall be based on training, experience, and	84298
qualifications with initial salaries no less than salaries in	84299
effect on July 1, 1985. Each board shall prepare and may amend	84300
from time to time, specifications descriptive of duties,	84301
responsibilities, requirements, and desirable qualifications of	84302
the classifications of employees required to perform the duties	84303
specified in the salary schedule. All nonteaching employees shall	84304
be notified of the position classification to which they are	84305
assigned and the salary for the classification. The compensation	84306
of all nonteaching employees working for a particular board shall	84307
be uniform for like positions except as compensation would be	84308
affected by salary increments based upon length of service.	84309

On the fifteenth day of October of each year the nonteaching	84310
employees' salary schedule and list of job classifications and	84311
salaries in effect on that date shall be filed by each board with	84312
the superintendent of public instruction. If such salary schedule	84313
and classification plan is not filed, the superintendent of public	84314
instruction shall order the board to file such schedule and list	84315
forthwith. If this condition is not corrected within ten days	84316
after receipt of the order from the superintendent, no money shall	84317
be distributed to the board under Chapter 3317. of the Revised	84318
Code until the superintendent has satisfactory evidence of the	84319
board's full compliance with such order.	84320

Sec. 5139.03. The department of youth services shall control	84321
and manage all state institutions or facilities established or	84322
created for the training or rehabilitation of delinquent children	84323
committed to the department, except where the control and	84324
management of an institution or facility is vested by law in	84325
another agency. The department shall employ, in addition to other	84326
personnel authorized under Chapter 5139. of the Revised Code,	84327
sufficient personnel to maintain food service and buildings and	84328
grounds operations.	84329

The department of youth services shall, insofar as	84330
practicable, purchase foods and other commodities incident to food	84331
service operations from the department of ~~mental health~~mental	84332
health and addiction services. The department of youth services	84333
may enter into agreements with the department of ~~mental health~~	84334
mental health and addiction services providing for assistance and	84335
consultation in the construction of, or major modifications to,	84336
capital facilities of the department of youth services.	84337

The directors of ~~mental health~~mental health and addiction	84338
services and of youth services shall enter into written agreements	84339
to implement this section. Such directors may, from time to time,	84340
amend any agreements entered into under this section for the	84341
purposes of making more efficient use of personnel, taking	84342
advantage of economies in quantity purchasing, or for any other	84343
purpose which is mutually advantageous to both the department of	84344
youth services and the department of ~~mental health~~mental health	84345
and addiction services.	84346

The department of youth services may transfer any of its	84347
excess or surplus supplies to a community corrections facility.	84348
These supplies shall remain the property of the department for a	84349
period of five years from the date of the transfer. After the	84350
five-year period, the supplies shall become the property of the	84351
facility.	84352

Sec. 5139.04. The department of youth services shall do all	84353
of the following:	84354

(A) Support service districts through a central	84355
administrative office that shall have as its administrative head a	84356
deputy director who shall be appointed by the director of the	84357
department. When a vacancy occurs in the office of that deputy	84358
director, an assistant deputy director shall act as that deputy	84359
director until the vacancy is filled. The position of deputy	84360
director and assistant deputy director described in this division	84361
shall be in the unclassified civil service of the state.	84362

(B) Receive custody of all children committed to it under	84363
Chapter 2152. of the Revised Code, cause a study to be made of	84364
those children, and issue any orders, as it considers best suited	84365
to the needs of any of those children and the interest of the	84366
public, for the treatment of each of those children;	84367

(C) Obtain personnel necessary for the performance of its	84368
duties;	84369

(D) Adopt rules that regulate its organization and operation,	84370
that implement sections 5139.34 and 5139.41 to 5139.43 of the	84371
Revised Code, and that pertain to the administration of other	84372
sections of this chapter;	84373

(E) Submit reports of its operations to the governor and the	84374
general assembly by the thirty-first day of January of each	84375
odd-numbered year;	84376

(F) Conduct a program of research in diagnosis, training, and	84377
treatment of delinquent children to evaluate the effectiveness of	84378
the department's services and to develop more adequate methods;	84379

(G) Develop a standard form for the disposition investigation	84380
report that a juvenile court is required pursuant to section	84381
2152.18 of the Revised Code to complete and provide to the	84382
department when the court commits a child to the legal custody of	84383
the department;	84384

(H) Allow the state public defender the access authorized	84385
under division (I) of section 120.06 of the Revised Code in order	84386
to fulfill the department's constitutional obligation to provide	84387
juveniles who have been committed to the department's care access	84388
to the courts.	84389

(I) Do all other acts necessary or desirable to carry out	84390
this chapter.	84391

Sec. 5139.08. The department of youth services may enter	84392
into an agreement with the director of rehabilitation and	84393
correction pursuant to which the department of youth services, in	84394
accordance with division (C)(2) of section 5139.06 and section	84395
5120.162 of the Revised Code, may transfer to a correctional	84396
medical center established by the department of rehabilitation and	84397
correction, children who are within its custody for diagnosis or	84398
treatment of an illness, physical condition, or other medical	84399
problem. The department of youth services may enter into any other	84400
agreements with the director of job and family services, the	84401
director of ~~mental health~~mental health and addiction services,	84402
the director of developmental disabilities, the director of	84403
rehabilitation and correction, with the courts having probation	84404
officers or other public officials, and with private agencies or	84405
institutions for separate care or special treatment of children	84406
subject to the control of the department of youth services. The	84407
department of youth services may, upon the request of a juvenile	84408
court not having a regular probation officer, provide probation	84409
services for such court.	84410

Upon request by the department of youth services, any public	84411
agency or group care facility established or administered by the	84412
state for the care and treatment of children and youth shall,	84413
consistent with its functions, accept and care for any child whose	84414
custody is vested in the department in the same manner as it would	84415
be required to do if custody had been vested by a court in such	84416
agency or group care facility. If the department has reasonable	84417
grounds to believe that any child or youth whose custody is vested	84418
in it is mentally ill or mentally retarded, the department may	84419
file an affidavit under section 5122.11 or 5123.76 of the Revised	84420
Code. The department's affidavit for admission of a child or youth	84421
to such institution shall be filed with the probate court of the	84422
county from which the child was committed to the department. Such	84423
court may request the probate court of the county in which the	84424
child is held to conduct the hearing on the application, in which	84425
case the court making such request shall bear the expenses of the	84426
proceeding. If the department files such an affidavit, the child	84427
or youth may be kept in such institution until a final decision on	84428
the affidavit is made by the appropriate court.	84429

Sec. 5139.34. (A) Funds may be appropriated to the	84430
department of youth services for the purpose of granting state	84431
subsidies to counties. A county or the juvenile court that serves	84432
a county shall use state subsidies granted to the county pursuant	84433
to this section only in accordance with divisions (B)(2)(a) and	84434
(3)(a) of section 5139.43 of the Revised Code and the rules	84435
pertaining to the state subsidy funds that the department adopts	84436
pursuant to division (D) of section 5139.04 of the Revised Code.	84437
The department shall not grant financial assistance pursuant to	84438
this section for the provision of care and services for children	84439
in a placement facility unless the facility has been certified,	84440
licensed, or approved by a state or national agency with	84441
certification, licensure, or approval authority, including, but	84442
not limited to, the department of job and family services,	84443
department of education, department of ~~mental health~~mental health	84444
and addiction services, department of developmental disabilities,	84445
or American correctional association. For the purposes of this	84446
section, placement facilities do not include a state institution	84447
or a county or district children's home.	84448

The department also shall not grant financial assistance	84449
pursuant to this section for the provision of care and services	84450
for children, including, but not limited to, care and services in	84451
a detention facility, in another facility, or in out-of-home	84452
placement, unless the minimum standards applicable to the care and	84453
services that the department prescribes in rules adopted pursuant	84454
to division (D) of section 5139.04 of the Revised Code have been	84455
satisfied.	84456

(B) The department of youth services shall apply the	84457
following formula to determine the amount of the annual grant that	84458
each county is to receive pursuant to division (A) of this	84459
section, subject to the appropriation for this purpose to the	84460
department made by the general assembly:	84461

(1) Each county shall receive a basic annual grant of fifty	84462
thousand dollars.	84463

(2) The sum of the basic annual grants provided under	84464
division (B)(1) of this section shall be subtracted from the total	84465
amount of funds appropriated to the department of youth services	84466
for the purpose of making grants pursuant to division (A) of this	84467
section to determine the remaining portion of the funds	84468
appropriated. The remaining portion of the funds appropriated	84469
shall be distributed on a per capita basis to each county that has	84470
a population of more than twenty-five thousand for that portion of	84471
the population of the county that exceeds twenty-five thousand.	84472

(C)(1) Prior to a county's receipt of an annual grant	84473
pursuant to this section, the juvenile court that serves the	84474
county shall prepare, submit, and file in accordance with division	84475
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	84476
agreement and application for funding that is for the combined	84477
purposes of, and that satisfies the requirements of, this section	84478
and section 5139.43 of the Revised Code. In addition to the	84479
subject matters described in division (B)(3)(a) of section 5139.43	84480
of the Revised Code or in the rules that the department adopts to	84481
implement that division, the annual grant agreement and	84482
application for funding shall address fiscal accountability and	84483
performance matters pertaining to the programs, care, and services	84484
that are specified in the agreement and application and for which	84485
state subsidy funds granted pursuant to this section will be used.	84486

(2) The county treasurer of each county that receives an	84487
annual grant pursuant to this section shall deposit the state	84488
subsidy funds so received into the county's felony delinquent care	84489
and custody fund created pursuant to division (B)(1) of section	84490
5139.43 of the Revised Code. Subject to exceptions prescribed in	84491
section 5139.43 of the Revised Code that may apply to the	84492
disbursement, the department shall disburse the state subsidy	84493
funds to which a county is entitled in a lump sum payment that	84494
shall be made in July of each calendar year.	84495

(3) Upon an order of the juvenile court that serves a county	84496
and subject to appropriation by the board of county commissioners	84497
of that county, a county treasurer shall disburse from the	84498
county's felony delinquent care and custody fund the state subsidy	84499
funds granted to the county pursuant to this section for use only	84500
in accordance with this section, the applicable provisions of	84501
section 5139.43 of the Revised Code, and the county's approved	84502
annual grant agreement and application for funding.	84503

(4) The moneys in a county's felony delinquent care and	84504
custody fund that represent state subsidy funds granted pursuant	84505
to this section are subject to appropriation by the board of	84506
county commissioners of the county; shall be disbursed by the	84507
county treasurer as required by division (C)(3) of this section;	84508
shall be used in the manners referred to in division (C)(3) of	84509
this section; shall not revert to the county general fund at the	84510
end of any fiscal year; shall carry over in the felony delinquent	84511
care and custody fund from the end of any fiscal year to the next	84512
fiscal year; shall be in addition to, and shall not be used to	84513
reduce, any usual annual increase in county funding that the	84514
juvenile court is eligible to receive or the current level of	84515
county funding of the juvenile court and of any programs, care, or	84516
services for alleged or adjudicated delinquent children, unruly	84517
children, or juvenile traffic offenders or for children who are at	84518
risk of becoming delinquent children, unruly children, or juvenile	84519
traffic offenders; and shall not be used to pay for the care and	84520
custody of felony ~~deliquents~~delinquents who are in the care and	84521
custody of an institution pursuant to a commitment, recommitment,	84522
or revocation of a release on parole by the juvenile court of that	84523
county or who are in the care and custody of a community	84524
corrections facility pursuant to a placement by the department	84525
with the consent of the juvenile court as described in division	84526
(E) of section 5139.36 of the Revised Code.	84527

(5) As a condition of the continued receipt of state subsidy	84528
funds pursuant to this section, each county and the juvenile court	84529
that serves each county that receives an annual grant pursuant to	84530
this section shall comply with divisions (B)(3)(b), (c), and (d)	84531
of section 5139.43 of the Revised Code.	84532

Sec. 5145.162. (A) There is hereby created the office of	84533
enterprise development advisory ~~council of directors for prison~~	84534
~~labor consisting~~board to advise and assist the department of	84535
rehabilitation and correction with the creation of training	84536
programs and jobs for inmates and releasees through partnerships	84537
with private sector businesses. The board shall consist of at	84538
least five appointed members and the executive director of the	84539
office of the correctional institution inspection committee, who	84540
shall serve as an ex officio member. Each member shall have	84541
experience in labor relations, marketing, business management, or	84542
business. The members and chairperson shall be appointed by the	84543
~~governor~~director of the department of rehabilitation and	84544
correction. ~~Within thirty days after April 9, 1981, the governor~~	84545
~~shall make the initial appointments to the council of directors.~~	84546
~~Of the initial appointments made to the council of directors, two~~	84547
~~shall be for a term ending one year after April 9, 1981, two shall~~	84548
~~be for a term ending two years after that date, and one shall be~~	84549
~~for a term ending three years after that date. After the~~	84550
~~expiration of the initial terms, the terms of office for the~~	84551
~~members shall be for three years, each term ending on the same day~~	84552
~~of the same month of the year as did the term that it succeeds.~~	84553
~~Each member shall hold office from the date of appointment until~~	84554
~~the end of the term for which the member was appointed. Any~~	84555
~~vacancy on the advisory council shall be filled by the governor.~~	84556
~~Any member appointed to fill a vacancy occurring prior to the~~	84557
~~expiration of the term for which the member's predecessor was~~	84558
~~appointed shall hold office for the remainder of the predecessor's~~	84559
~~term. Any member shall continue in office subsequent to the~~	84560
~~expiration date of the member's term until a successor takes~~	84561
~~office, or until a period of sixty days has elapsed, whichever~~	84562
~~occurs first.~~	84563

(B) Each member of the advisory ~~council, while engaged in the~~	84564
~~performance of the business of the advisory council,~~board shall	84565
receive no compensation but may be reimbursed for expenses	84566
actually and necessarily incurred in the performance of official	84567
duties of the board. Members of the board who are state employees	84568
shall be reimbursed for expenses pursuant to travel rules	84569
promulgated by the office of budget and management.	84570

(C) The advisory ~~council~~board shall adopt procedures for the	84571
conduct of the board's meetings. The board shall meet ~~within two~~	84572
~~weeks after the initial members have been appointed at a time and~~	84573
~~place determined by the governor. At its first meeting, the~~	84574
~~advisory council shall elect a chairperson and shall adopt rules~~	84575
~~for its procedures. The advisory council shall elect a new~~	84576
~~chairperson annually at its January meeting. The advisory council~~	84577
~~shall meet at least once every January and~~ at least once every ~~two~~	84578
~~months thereafter~~quarter, and otherwise shall meet at the call of	84579
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	84580
~~of the members. Three~~director of the department of rehabilitation	84581
and correction. Sixty per cent of the members ~~constitutes~~shall	84582
constitute a quorum~~, and no action~~. No transaction of the board's	84583
business shall be taken without the concurrence of a quorum of the	84584
members. The board may have committees with persons who are not	84585
members of the board but whose experience and expertise is	84586
relevant and useful to the work of the committee.	84587

(D) The advisory ~~council~~board shall ~~advise and assist the~~	84588
~~department of rehabilitation and correction when the department~~	84589
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	84590
~~Revised Code, establishes prices for goods, products, services, or~~	84591
~~labor produced or supplied by prisoners, and otherwise establishes~~	84592
~~and administers the program for employment of prisoners~~	84593
~~established by the department pursuant to division (A) of section~~	84594
~~5145.16 of the Revised Code. The department shall consider the~~	84595
~~advice and assistance of the advisory council that is provided~~	84596
~~pursuant to this section, and shall cooperate with the advisory~~	84597
~~council. The advisory council may recommend~~have the following	84598
duties:	84599

(1) Solicit business proposals offering job training,	84600
apprenticeship, education programs, and employment opportunities	84601
for inmates and releasees;	84602

(2) Provide information and input to the office of enterprise	84603
development to support the job training and employment program of	84604
inmates and releasees and any additional, related duties as	84605
requested by the director of the department of rehabilitation and	84606
correction;	84607

(3) Recommend to the ~~general assembly~~office of enterprise	84608
development any ~~further~~ legislation, administrative rule, or	84609
department policy change that itthe board believes is necessary	84610
to implement the department's program ~~of employment of prisoners~~;	84611

(4) Promote public awareness of the office of enterprise	84612
development and the office's employment program;	84613

(5) Familiarize itself and the public with avenues to access	84614
the office of enterprise development on employment program	84615
concerns;	84616

(6) Advocate for the needs and concerns of the office of	84617
enterprise development in local communities, counties, and the	84618
state;	84619

(7) Play an active role in the office of enterprise	84620
development's efforts to reduce recidivism in the state by doing	84621
all of the following:	84622

(a) Providing input and making recommendations for the	84623
office's consideration in monitoring employment program compliance	84624
and effectiveness;	84625

(b) Making suggestions on the appropriate priorities for the	84626
office's grant award criteria;	84627

(c) Being a liaison between the office and constituents of	84628
the board's members;	84629

(d) Working to develop constituent groups interested in	84630
employment program issues;	84631

(8) Aid in the employment program development process by	84632
playing a leadership role in professional associations by	84633
discussing employment program issues.	84634

(E) The department of rehabilitation and correction shall	84635
initially screen each proposal obtained under division (D)(1) of	84636
this section to ensure that the proposal is a viable venture to	84637
pursue. If the department determines that a proposal is a viable	84638
venture to pursue, the department shall submit the proposal to the	84639
board for objective review against established guidelines. The	84640
board shall determine whether to recommend the implementation of	84641
the program to the department.	84642

Sec. 5145.18. Any printing or binding performed in a state	84643
correctional institution may be performed for the use of the	84644
institution, the departments of ~~mental health~~mental health and	84645
addiction services, developmental disabilities, and rehabilitation	84646
and correction, the department of public safety in connection with	84647
the registration of motor vehicles, and for any other purpose	84648
authorized by division (B) of section 5145.03 and by sections	84649
5145.16 and 5145.161 of the Revised Code.	84650

Sec. 5153.16. (A) Except as provided in section 2151.422 of	84651
the Revised Code, in accordance with rules adopted under section	84652
5153.166 of the Revised Code, and on behalf of children in the	84653
county whom the public children services agency considers to be in	84654
need of public care or protective services, the public children	84655
services agency shall do all of the following:	84656

(1) Make an investigation concerning any child alleged to be	84657
an abused, neglected, or dependent child;	84658

(2) Enter into agreements with the parent, guardian, or other	84659
person having legal custody of any child, or with the department	84660
of job and family services, department of ~~mental health~~mental	84661
health and addiction services, department of developmental	84662
disabilities, other department, any certified organization within	84663
or outside the county, or any agency or institution outside the	84664
state, having legal custody of any child, with respect to the	84665
custody, care, or placement of any child, or with respect to any	84666
matter, in the interests of the child, provided the permanent	84667
custody of a child shall not be transferred by a parent to the	84668
public children services agency without the consent of the	84669
juvenile court;	84670

(3) Accept custody of children committed to the public	84671
children services agency by a court exercising juvenile	84672
jurisdiction;	84673

(4) Provide such care as the public children services agency	84674
considers to be in the best interests of any child adjudicated to	84675
be an abused, neglected, or dependent child the agency finds to be	84676
in need of public care or service;	84677

(5) Provide social services to any unmarried girl adjudicated	84678
to be an abused, neglected, or dependent child who is pregnant	84679
with or has been delivered of a child;	84680

(6) Make available to the bureau for children with medical	84681
handicaps of the department of health at its request any	84682
information concerning a crippled child found to be in need of	84683
treatment under sections 3701.021 to 3701.028 of the Revised Code	84684
who is receiving services from the public children services	84685
agency;	84686

(7) Provide temporary emergency care for any child considered	84687
by the public children services agency to be in need of such care,	84688
without agreement or commitment;	84689

(8) Find certified foster homes, within or outside the	84690
county, for the care of children, including handicapped children	84691
from other counties attending special schools in the county;	84692

(9) Subject to the approval of the board of county	84693
commissioners and the state department of job and family services,	84694
establish and operate a training school or enter into an agreement	84695
with any municipal corporation or other political subdivision of	84696
the county respecting the operation, acquisition, or maintenance	84697
of any children's home, training school, or other institution for	84698
the care of children maintained by such municipal corporation or	84699
political subdivision;	84700

(10) Acquire and operate a county children's home, establish,	84701
maintain, and operate a receiving home for the temporary care of	84702
children, or procure certified foster homes for this purpose;	84703

(11) Enter into an agreement with the trustees of any	84704
district children's home, respecting the operation of the district	84705
children's home in cooperation with the other county boards in the	84706
district;	84707

(12) Cooperate with, make its services available to, and act	84708
as the agent of persons, courts, the department of job and family	84709
services, the department of health, and other organizations within	84710
and outside the state, in matters relating to the welfare of	84711
children, except that the public children services agency shall	84712
not be required to provide supervision of or other services	84713
related to the exercise of parenting time rights granted pursuant	84714
to section 3109.051 or 3109.12 of the Revised Code or	84715
companionship or visitation rights granted pursuant to section	84716
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	84717
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	84718
a common pleas court, pursuant to division (E)(6) of section	84719
3113.31 of the Revised Code, requires the provision of supervision	84720
or other services related to the exercise of the parenting time	84721
rights or companionship or visitation rights;	84722

(13) Make investigations at the request of any superintendent	84723
of schools in the county or the principal of any school concerning	84724
the application of any child adjudicated to be an abused,	84725
neglected, or dependent child for release from school, where such	84726
service is not provided through a school attendance department;	84727

(14) Administer funds provided under Title IV-E of the	84728
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	84729
amended, in accordance with rules adopted under section 5101.141	84730
of the Revised Code;	84731

(15) In addition to administering Title IV-E adoption	84732
assistance funds, enter into agreements to make adoption	84733
assistance payments under section 5153.163 of the Revised Code;	84734

(16) Implement a system of safety and risk assessment, in	84735
accordance with rules adopted by the director of job and family	84736
services, to assist the public children services agency in	84737
determining the risk of abuse or neglect to a child;	84738

(17) Enter into a plan of cooperation with the board of	84739
county commissioners under section 307.983 of the Revised Code and	84740
comply with each fiscal agreement the board enters into under	84741
section 307.98 of the Revised Code that include family services	84742
duties of public children services agencies and contracts the	84743
board enters into under sections 307.981 and 307.982 of the	84744
Revised Code that affect the public children services agency;	84745

(18) Make reasonable efforts to prevent the removal of an	84746
alleged or adjudicated abused, neglected, or dependent child from	84747
the child's home, eliminate the continued removal of the child	84748
from the child's home, or make it possible for the child to return	84749
home safely, except that reasonable efforts of that nature are not	84750
required when a court has made a determination under division	84751
(A)(2) of section 2151.419 of the Revised Code;	84752

(19) Make reasonable efforts to place the child in a timely	84753
manner in accordance with the permanency plan approved under	84754
division (E) of section 2151.417 of the Revised Code and to	84755
complete whatever steps are necessary to finalize the permanent	84756
placement of the child;	84757

(20) Administer a Title IV-A program identified under	84758
division (A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised	84759
Code that the department of job and family services provides for	84760
the public children services agency to administer under the	84761
department's supervision pursuant to section 5101.801 of the	84762
Revised Code;	84763

(21) Administer the kinship permanency incentive program	84764
created under section 5101.802 of the Revised Code under the	84765
supervision of the director of job and family services;	84766

(22) Provide independent living services pursuant to sections	84767
2151.81 to 2151.84 of the Revised Code;	84768

(23) File a missing child report with a local law enforcement	84769
agency upon becoming aware that a child in the custody of the	84770
public children services agency is or may be missing.	84771

(B) The public children services agency shall use the system	84772
implemented pursuant to division (A)(16) of this section in	84773
connection with an investigation undertaken pursuant to division	84774
(F)(1) of section 2151.421 of the Revised Code to assess both of	84775
the following:	84776

(1) The ongoing safety of the child;

84777

(2) The appropriateness of the intensity and duration of the	84778
services provided to meet child and family needs throughout the	84779
duration of a case.	84780

(C) Except as provided in section 2151.422 of the Revised	84781
Code, in accordance with rules of the director of job and family	84782
services, and on behalf of children in the county whom the public	84783
children services agency considers to be in need of public care or	84784
protective services, the public children services agency may do	84785
the following:	84786

(1) Provide or find, with other child serving systems,	84787
specialized foster care for the care of children in a specialized	84788
foster home, as defined in section 5103.02 of the Revised Code,	84789
certified under section 5103.03 of the Revised Code;	84790

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	84791
this section, contract with the following for the purpose of	84792
assisting the agency with its duties:	84793

(i) County departments of job and family services;

84794

(ii) Boards of alcohol, drug addiction, and mental health	84795
services;	84796

(iii) County boards of developmental disabilities;

84797

(iv) Regional councils of political subdivisions established	84798
under Chapter 167. of the Revised Code;	84799

(v) Private and government providers of services;

84800

(vi) Managed care organizations and prepaid health plans.

84801

(b) A public children services agency contract under division	84802
(C)(2)(a) of this section regarding the agency's duties under	84803
section 2151.421 of the Revised Code may not provide for the	84804
entity under contract with the agency to perform any service not	84805
authorized by the department's rules.	84806

(c) Only a county children services board appointed under	84807
section 5153.03 of the Revised Code that is a public children	84808
services agency may contract under division (C)(2)(a) of this	84809
section. If an entity specified in division (B) or (C) of section	84810
5153.02 of the Revised Code is the public children services agency	84811
for a county, the board of county commissioners may enter into	84812
contracts pursuant to section 307.982 of the Revised Code	84813
regarding the agency's duties.	84814

Sec. 5160.01. As used in this chapter:

84815

(A) "Dual eligible individual" has the same meaning as in the	84816
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	84817
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	84818
enrollee (MME).	84819

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

84820

(C) "Federal financial participation" means the federal	84821
government's share of expenditures made by an entity in	84822
implementing a medical assistance program.	84823

(D) "Medical assistance program" means all of the following:

84824

(1) The medicaid program;

84825

(2) The children's health insurance program;

84826

(3) The refugee medical assistance program;

84827

(4) Any other program that provides medical assistance and	84828
state statutes authorize the department of medicaid to administer.	84829

(E) "Medical assistance recipient" means a recipient of a	84830
medical assistance program. To the extent appropriate in the	84831
context, "medical assistance recipient" includes an individual	84832
applying for a medical assistance program, a former medical	84833
assistance recipient, or both.	84834

(F) "Medicaid managed care organization" has the same meaning	84835
as in section 5167.01 of the Revised Code.	84836

(G) "Refugee medical assistance program" means the program	84837
that the department of medicaid administers pursuant to section	84838
5160.50 of the Revised Code.	84839

Sec. 5160.011. References to the department or director of	84840
public welfare, department or director of human services,	84841
department or director of job and family services, office of	84842
medical assistance, or medical assistance director in any statute,	84843
rule, contract, grant, or other document is deemed to refer to the	84844
department of medicaid or medicaid director, as the case may be,	84845
to the extent the reference is about a duty or authority of the	84846
department of medicaid or medicaid director regarding a medical	84847
assistance program.	84848

Sec. 5160.02. The medicaid director shall adopt rules as	84849
necessary to implement this chapter.	84850

Sec. 5160.021. (A) When the medicaid director is authorized	84851
by a statute to adopt a rule, the director shall adopt the rule in	84852
accordance with the following:	84853

(1) Chapter 119. of the Revised Code if either of the	84854
following applies:	84855

(a) The statute authorizing the rule requires that the rule	84856
be adopted in accordance with Chapter 119. of the Revised Code.	84857

(b) Unless division (A)(2)(b) of this section applies, the	84858
statute authorizing the rule does not specify the procedure for	84859
the rule's adoption.	84860

(2) Section 111.15 of the Revised Code, excluding divisions	84861
(D) and (E) of that section, if either of the following applies:	84862

(a) The statute authorizing the rule requires that the rule	84863
be adopted in accordance with section 111.15 of the Revised Code	84864
and, by the terms of division (D) of that section, division (D) of	84865
that section does not apply to the rule.	84866

(b) The statute authorizing the rule does not specify the	84867
procedure for the rule's adoption and the rule concerns the	84868
day-to-day staff procedures and operations of the department of	84869
medicaid or financial and operational matters between the	84870
department and a person or government entity receiving a grant	84871
from the department.	84872

(3) Section 111.15 of the Revised Code, including divisions	84873
(D) and (E) of that section, if the statute authorizing the rule	84874
requires that the rule be adopted in accordance with that section	84875
and the rule is not exempt from the application of division (D) of	84876
that section.	84877

(B) Except as otherwise required by a statute, the adoption	84878
of a rule in accordance with Chapter 119. of the Revised Code does	84879
not make the department of medicaid subject to the notice,	84880
hearing, or other requirements of sections 119.06 to 119.13 of the	84881
Revised Code.	84882

Sec. 5160.03. The medicaid director is the executive head of	84883
the department of medicaid. All duties conferred on the department	84884
by law or order of the director are under the director's control	84885
and shall be performed in accordance with rules the director	84886
adopts.	84887

Sec. 5160.04. The medicaid director shall appoint one	84888
assistant director for the department of medicaid. The assistant	84889
director shall exercise powers, and perform duties, as ordered by	84890
the medicaid director. The assistant director shall act as the	84891
medicaid director in the medicaid director's absence or disability	84892
and when the position of medicaid director is vacant.	84893

Sec. 5160.05. The medicaid director may appoint such	84894
employees as are necessary for the efficient operation of the	84895
department of medicaid. The director may prescribe the title and	84896
duties of the employees.	84897

Sec. 5160.051. If the medicaid director determines that a	84898
position with the department of medicaid can best be filled in	84899
accordance with division (A)(2) of section 124.30 of the Revised	84900
Code or without regard to a residency requirement established by a	84901
rule adopted by the director of administrative services, the	84902
medicaid director shall provide the director of administrative	84903
services certification of the determination.	84904

Sec. 5160.052. The department of medicaid shall collaborate	84905
with the superintendent of the bureau of criminal identification	84906
and investigation to develop procedures and formats necessary to	84907
produce the notices described in division (C) of section 109.5721	84908
of the Revised Code in a format that is acceptable for use by the	84909
department. The medicaid director may adopt rules under section	84910
5160.02 of the Revised Code necessary for such collaboration. Any	84911
such rules shall be adopted in accordance with section 111.15 of	84912
the Revised Code as if they were internal management rules.	84913

The medicaid director may adopt rules under section 5160.02	84914
of the Revised Code necessary for utilizing the information	84915
received pursuant to section 109.5721 of the Revised Code. The	84916
rules shall be adopted in accordance with Chapter 119. of the	84917
Revised Code.	84918

Sec. 5160.06. The medicaid director may require any of the	84919
employees of the department of medicaid who may be charged with	84920
custody or control of any public money or property or who is	84921
required to give bond, to give a bond, properly conditioned, in a	84922
sum to be fixed by the director which when approved by the	84923
director, shall be filed in the office of the secretary of state.	84924
The cost of such bonds, when approved by the director, shall be	84925
paid from funds available for the department. The bonds required	84926
or authorized by this section may, in the discretion of the	84927
director, be individual, schedule, or blanket bonds.	84928

Sec. 5160.10. The medicaid director may expend funds	84929
appropriated or available to the department of medicaid from	84930
persons and government entities. For purposes of this section, the	84931
director may enter into contracts or agreements with persons and	84932
government entities and make grants to persons and government	84933
entities. To the extent permitted by federal law, the director may	84934
advance funds to a grantee when necessary for the grantee to	84935
perform duties under the grant as specified by the director.	84936

The director may adopt rules under section 5160.02 of the	84937
Revised Code as necessary to define terms and adopt procedures and	84938
other provisions necessary to implement this section.	84939

Sec. 5160.11. The state health care grants fund is hereby	84940
created in the state treasury. Money the department of medicaid	84941
receives from private foundations in support of pilot projects	84942
that promote exemplary programs that enhance programs the	84943
department administers shall be credited to the fund. The	84944
department may expend the money on such projects, may use the	84945
money, to the extent allowable, to match federal financial	84946
participation in support of such projects, and shall comply with	84947
requirements the foundations have stipulated in their agreements	84948
with the department as to the purposes for which the money may be	84949
expended.	84950

Sec. 5160.12. (A) As used in this section, "entity" includes	84951
an agency, board, commission, or department of the state or a	84952
political subdivision of the state; a private, nonprofit entity; a	84953
school district; a private school; or a public or private	84954
institution of higher education.	84955

(B) This section does not apply to contracts entered into	84956
under section 5162.32 or 5162.35 of the Revised Code.	84957

(C) At the request of any public entity having authority to	84958
implement a program administered by the department of medicaid or	84959
any private entity under contract with a public entity to	84960
implement a program administered by the department, the department	84961
may seek to obtain federal financial participation for costs	84962
incurred by the entity. Federal financial participation may be	84963
sought from programs operated pursuant to Title XIX of the "Social	84964
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	84965
regulation under which federal financial participation may be	84966
available, except that federal financial participation may be	84967
sought only for expenditures made with funds for which federal	84968
financial participation is available under federal law.	84969

(D) All funds collected by the department pursuant to	84970
division (C) of this section shall be distributed to the entities	84971
that incurred the costs.	84972

(E) In distributing federal financial participation pursuant	84973
to this section, the department may either enter into an agreement	84974
with the entity that is to receive the funds or distribute the	84975
funds in accordance with rules authorized by division (H) of this	84976
section. If the department decides to enter into an agreement to	84977
distribute the funds, the agreement may include terms that do any	84978
of the following:	84979

(1) Provide for the whole or partial reimbursement of any	84980
cost incurred by the entity in implementing the program;	84981

(2) In the event that federal financial participation is	84982
disallowed or otherwise unavailable for any expenditure, require	84983
the department or the entity, whichever party caused the	84984
disallowance or unavailability of federal financial participation,	84985
to assume responsibility for the expenditures;	84986

(3) Require the entity to certify to the department the	84987
availability of sufficient unencumbered funds to match the federal	84988
financial participation the entity receives under this section;	84989

(4) Establish the length of the agreement, which may be for a	84990
fixed or a continuing period of time;	84991

(5) Establish any other requirements determined by the	84992
department to be necessary for the efficient administration of the	84993
agreement.	84994

(F) An entity that receives federal financial participation	84995
pursuant to this section for a program aiding children and their	84996
families shall establish a process for collaborative planning with	84997
the department for the use of the funds to improve and expand the	84998
program.	84999

(G) Federal financial participation received pursuant to this	85000
section shall not be included in any calculation made under	85001
section 5101.16 or 5101.161 of the Revised Code.	85002

(H) The medicaid director may adopt rules under section	85003
5160.02 of the Revised Code as necessary to implement this	85004
section, including rules for the distribution of federal financial	85005
participation pursuant to this section. The rules shall be adopted	85006
in accordance with Chapter 119. of the Revised Code.	85007

Sec. 5160.13. The department of medicaid may enter into	85008
contracts with private entities to maximize federal revenue	85009
without the expenditure of state money. In selecting private	85010
entities with which to contract, the department shall engage in a	85011
request for proposals process. The department, subject to the	85012
approval of the controlling board, may also directly enter into	85013
contracts with public entities providing revenue maximization	85014
services.	85015

Sec. 5160.16. The department of medicaid may appoint and	85016
commission any competent person to serve as a special agent,	85017
investigator, or representative to perform a designated duty for	85018
and on behalf of the department. Specific credentials shall be	85019
given by the department to each person so designated, and each	85020
credential shall state the following:	85021

(A) The person's name;

85022

(B) The agency with which the person is connected;

85023

85024

(D) The date the appointment expires, if appropriate;

85025

(E) Such information as the department considers proper.

85026

Sec. 5160.20. (A) The department of medicaid may conduct any	85027
audits or investigations that are necessary in the performance of	85028
the department's duties, and to that end, the department has the	85029
same power as a judge of a county court to administer oaths and to	85030
enforce the attendance and testimony of witnesses and the	85031
production of books or papers.	85032

The department shall keep a record of the department's audits	85033
and investigations stating the time, place, charges, or subject;	85034
witnesses summoned and examined; and the department's conclusions.	85035

Witnesses shall be paid the fees and mileage provided for	85036
under section 119.094 of the Revised Code.	85037

(B) Any judge of any division of the court of common pleas,	85038
on application of the department, may compel the attendance of	85039
witnesses, the production of books or papers, and the giving of	85040
testimony before the department, by a judgment for contempt or	85041
otherwise, in the same manner as in cases before those courts.	85042

(C) Until an audit report is formally released by the	85043
department, the audit report or any working paper or other	85044
document or record prepared by the department and related to the	85045
audit that is the subject of the audit report is not a public	85046
record under section 149.43 of the Revised Code.	85047

(D) The medicaid director may adopt rules under section	85048
5160.02 of the Revised Code as necessary to implement this	85049
section. The rules shall be adopted in accordance with section	85050
111.15 of the Revised Code as if they were internal management	85051
rules.	85052

Sec. 5160.21. On the request of the medicaid director, the	85053
auditor of state may conduct an audit of any medical assistance	85054
recipient. If the auditor decides to conduct an audit under this	85055
section, the auditor shall enter into an interagency agreement	85056
with the department of medicaid that specifies that the auditor	85057
agrees to comply with section 5160.45 of the Revised Code with	85058
respect to any information the auditor receives pursuant to the	85059
audit.	85060

Sec. 5160.22. (A) The auditor of state and attorney general,	85061
or their designees, may examine any records, whether in computer	85062
or printed format, in the possession of the medicaid director or	85063
any county director of job and family services, regarding medical	85064
assistance programs. The auditor of state and attorney general	85065
shall do both of the following regarding the records:	85066

(1) Provide safeguards that restrict access to the records to	85067
purposes directly connected with an audit or investigation,	85068
prosecution, or criminal or civil proceeding conducted in	85069
connection with the administration of the programs;	85070

(2) Comply, and ensure that their designees comply, with	85071
section 5160.45 of the Revised Code and rules of the medicaid	85072
director restricting the disclosure of information regarding	85073
medical assistance recipients.	85074

(B) Any person who fails to comply with the restriction	85075
specified in division (A) of this section is disqualified from	85076
acting as an agent or employee or in any other capacity under	85077
appointment or employment of any state board, commission, or	85078
agency.	85079

Sec. 5160.23. The auditor of state is responsible for the	85080
costs the auditor incurs in carrying out the auditor's duties	85081
under sections 5160.21 and 5160.22 of the Revised Code.	85082

Sec. 5160.30. (A) Except as provided in divisions (B) and	85083
(C) of this section, the department of medicaid may accept	85084
applications, determine eligibility, redetermine eligibility, and	85085
perform related administrative activities for medical assistance	85086
programs.	85087

(B) The department may enter into agreements with one or more	85088
agencies of the federal government, the state, other states, and	85089
local governments of this or other states to accept applications,	85090
determine eligibility, redetermine eligibility, and perform	85091
related administrative activities on behalf of the department with	85092
respect to medical assistance programs.	85093

(C) If federal law requires a face-to-face interview to	85094
complete an eligibility determination for a medical assistance	85095
program, the department shall not conduct the face-to-face	85096
interview.	85097

(D) Subject to division (C) of this section, if the	85098
department elects to accept applications, determine eligibility,	85099
redetermine eligibility, and perform related administrative	85100
activities for a medical assistance program, both of the following	85101
apply:	85102

(1) An individual may apply for the medical assistance	85103
program to the department or an agency authorized by an agreement	85104
entered into under division (B) of this section to accept the	85105
individual's application;	85106

(2) The department is subject to federal statutes and	85107
regulations and state statutes and rules that require, permit, or	85108
prohibit an action regarding accepting applications, determining	85109
or redetermining eligibility, and performing related	85110
administrative activities for the medical assistance program.	85111

Sec. 5160.31. (A) A medical assistance recipient may appeal	85112
a decision regarding the recipient's eligibility for a medical	85113
assistance program or services available to the recipient under a	85114
medical assistance program.	85115

(B) Regarding appeals authorized by this section, the	85116
department of medicaid shall do one or more of the following:	85117

(1) Administer an appeals process similar to the appeals	85118
process established under section 5101.35 of the Revised Code;	85119

(2) Contract with the department of job and family services	85120
pursuant to section 5162.35 of the Revised Code to provide for the	85121
department of job and family services to hear the appeals in	85122
accordance with section 5101.35 of the Revised Code;	85123

(3) Delegate authority to hear appeals to an exchange or	85124
exchange appeals entity.	85125

(C) If a medical assistance recipient files an appeal as	85126
authorized by this section, the department of medicaid may do	85127
either or both of the following:	85128

(1) Take corrective action regarding the matter being	85129
appealed before a hearing decision regarding the matter is issued;	85130

(2) If a hearing decision, administrative appeal decision, or	85131
court ruling is against the recipient, take action in favor of the	85132
recipient despite the contrary decision or ruling, unless, in the	85133
case of a court's ruling, the ruling prohibits the department from	85134
taking the action.	85135

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	85136
to ~~5101.591~~5160.43 of the Revised Code:	85137

(A) "Information" means all of the following:

85138

(1) An individual's name, address, date of birth, and social	85139
security number;	85140

(2) The group or plan number, or other identifier, assigned	85141
by a third party to a policy held by an individual or a plan in	85142
which the individual participates and the nature of the coverage;	85143

(3) Any other data the medicaid director ~~of job and family~~	85144
~~services~~ specifies in rules ~~adopted under~~authorized by section	85145
~~5101.591~~5160.43 of the Revised Code.	85146

(B) ~~"Medical assistance" means medical items or services~~	85147
~~provided under any of the following:~~	85148

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	85149
~~Code;~~	85150

~~(2) The children's health insurance program part I, part II,~~	85151
~~and part III established under sections 5101.50, 5101.51, and~~	85152
~~5101.52 of the Revised Code.~~	85153

~~(C)~~ "Medical support" means support specified as support for	85154
the purpose of medical care by order of a court or administrative	85155
agency.	85156

~~(D) "Public assistance" means medical assistance or~~	85157
~~assistance under the Ohio works first program established under~~	85158
~~Chapter 5107. of the Revised Code.~~	85159

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	85160
except as provided in division ~~(E)~~(C)(3) of this section, "third	85161
party" means all of the following:	85162

(a) A person authorized to engage in the business of sickness	85163
and accident insurance under Title XXXIX of the Revised Code;	85164

(b) A person or governmental entity providing coverage for	85165
medical services or items to individuals on a self-insurance	85166
basis;	85167

(c) A health insuring corporation as defined in section	85168
1751.01 of the Revised Code;	85169

(d) A group health plan as defined in 29 U.S.C. 1167;

85170

(e) A service benefit plan as referenced in 42 U.S.C.	85171
1396a(a)(25);	85172

(f) A managed care organization;

85173

(g) A pharmacy benefit manager;

85174

(h) A third party administrator;

85175

(i) Any other person or governmental entity that is, by law,	85176
contract, or agreement, responsible for the payment or processing	85177
of a claim for a medical item or service for a ~~public~~medical	85178
assistance recipient ~~or participant~~.	85179

(2) Except when otherwise provided by the "Social Security	85180
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	85181
governmental entity listed in division ~~(E)~~(C)(1) of this section	85182
is a third party even if the person or governmental entity limits	85183
or excludes payments for a medical item or service in the case of	85184
a public assistance recipient.	85185

(3) "Third party" does not include the program for medically	85186
handicapped children established under section 3701.023 of the	85187
Revised Code.	85188

Sec. 5160.36. Enrollment in a medical assistance program	85189
gives a right of subrogation to the department of medicaid for any	85190
workers' compensation benefits payable to a person who is subject	85191
to a support order, as defined in section 3119.01 of the Revised	85192
Code, on behalf of the medical assistance recipient, to the extent	85193
of any payments made under the medical assistance program on the	85194
recipient's behalf. If the department, in consultation with a	85195
child support enforcement agency and the administrator of the	85196
bureau of workers' compensation, determines that a person	85197
responsible for support payments to a medical assistance recipient	85198
is receiving workers' compensation, the department shall notify	85199
the administrator of the amount of the benefit to be paid to the	85200
department.	85201

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	85202
assistance recipient's enrollment in a medical assistance program	85203
gives an automatic right of recovery to the department of ~~job and~~	85204
~~family services~~medicaid and a county department of job and family	85205
services against the liability of a third party for the cost of	85206
medical assistance paid on behalf of the ~~public assistance~~	85207
recipient ~~or participant~~. When an action or claim is brought	85208
against a third party by a ~~public~~medical assistance recipient or	85209
~~participant~~, any payment, settlement or compromise of the action	85210
or claim, or any court award or judgment, is subject to the	85211
recovery right of the department of ~~job and family services~~	85212
medicaid or county department ~~of job and family services~~. Except	85213
in the case of a medical assistance recipient ~~or participant~~ who	85214
receives medical assistance through a medicaid managed care	85215
organization, the department's or county department's claim shall	85216
not exceed the amount of medical assistance paid by athe	85217
department or county department on behalf of the recipient or	85218
~~participant~~. A payment, settlement, compromise, judgment, or award	85219
that excludes the cost of medical assistance paid for by athe	85220
department or county department shall not preclude a department	85221
from enforcing its rights under this section.	85222

(B) In the case of a medical assistance recipient or	85223
~~participant~~ who receives medical assistance through a medicaid	85224
managed care organization, the amount of the department's or	85225
county department's claim shall be the amount the medicaid managed	85226
care organization pays for medical assistance rendered to the	85227
recipient ~~or participant~~, even if that amount is more than the	85228
amount athe department or county department pays to the medicaid	85229
managed care organization for the recipient's ~~or participant's~~	85230
medical assistance.	85231

(C) A medical assistance recipient ~~or participant~~, and the	85232
recipient's ~~or participant's~~ attorney, if any, shall cooperate	85233
with the departments. In furtherance of this requirement, the	85234
medical assistance recipient ~~or participant~~, or the recipient's or	85235
~~participant's~~ attorney, if any, shall, not later than thirty days	85236
after initiating informal recovery activity or filing a legal	85237
recovery action against a third party, provide written notice of	85238
the activity or action to the department of ~~job and family~~	85239
~~services when~~medicaid or county department if it has paid for	85240
medical assistance under ~~medicaid has been paid~~a medical	85241
assistance program.	85242

(D) The written notice that must be given under division (C)	85243
of this section shall disclose the identity and address of any	85244
third party against whom the medical assistance recipient or	85245
~~participant~~ has or may have a right of recovery.	85246

(E) No settlement, compromise, judgment, or award or any	85247
recovery in any action or claim by a medical assistance recipient	85248
~~or participant~~ where the ~~departments have~~department or county	85249
department has a right of recovery shall be made final without	85250
first giving the ~~appropriate departments~~department or county	85251
department written notice as described in division (C) of this	85252
section and a reasonable opportunity to perfect ~~their~~its rights	85253
of recovery. If the ~~departments are~~department or county	85254
department is not given the appropriate written notice, the	85255
medical assistance recipient ~~or participant~~ and, if there is one,	85256
the recipient's ~~or participant's~~ attorney, are liable to reimburse	85257
the ~~departments~~department or county department for the recovery	85258
received to the extent of medical assistance payments made by the	85259
~~departments~~department or county department.	85260

(F) The ~~departments~~department or county department shall be	85261
permitted to enforce ~~their~~its recovery rights against the third	85262
party even though ~~they~~it accepted prior payments in discharge of	85263
~~their~~its rights under this section if, at the time the	85264
~~departments~~department or county department received such	85265
payments, ~~they were~~it was not aware that additional medical	85266
expenses had been incurred but had not yet been paid by the	85267
~~departments~~department or county department. The third party	85268
becomes liable to the department ~~of job and family services~~ or	85269
county department ~~of job and family services~~ as soon as the third	85270
party is notified in writing of the valid claims for recovery	85271
under this section.	85272

(G)(1) Subject to division (G)(2) of this section, the right	85273
of recovery of athe department or county department does not	85274
apply to that portion of any judgment, award, settlement, or	85275
compromise of a claim, to the extent of attorneys' fees, costs, or	85276
other expenses incurred by a medical assistance recipient or	85277
~~participant~~ in securing the judgment, award, settlement, or	85278
compromise, or to the extent of medical, surgical, and hospital	85279
expenses paid by such recipient ~~or participant~~ from the	85280
recipient's ~~or participant's~~ own resources.	85281

(2) Reasonable attorneys' fees, not to exceed one-third of	85282
the total judgment, award, settlement, or compromise, plus costs	85283
and other expenses incurred by the medical assistance recipient or	85284
~~participant~~ in securing the judgment, award, settlement, or	85285
compromise, shall first be deducted from the total judgment,	85286
award, settlement, or compromise. After fees, costs, and other	85287
expenses are deducted from the total judgment, award, settlement,	85288
or compromise, the department of ~~job and family services~~medicaid	85289
or ~~appropriate~~ county department ~~of job and family services~~ shall	85290
receive no less than one-half of the remaining amount, or the	85291
actual amount of medical assistance paid, whichever is less.	85292

(H) A right of recovery created by this section may be	85293
enforced separately or jointly by the department of ~~job and family~~	85294
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	85295
~~family services~~. To enforce ~~their~~its recovery rights, the	85296
~~departments~~department or county department may do any of the	85297
following:	85298

(1) Intervene or join in any action or proceeding brought by	85299
the medical assistance recipient ~~or participant~~ or on the	85300
recipient's ~~or participant's~~ behalf against any third party who	85301
may be liable for the cost of medical assistance paid;	85302

(2) Institute and pursue legal proceedings against any third	85303
party who may be liable for the cost of medical assistance paid;	85304

(3) Initiate legal proceedings in conjunction with any	85305
injured, diseased, or disabled medical assistance recipient or	85306
~~participant~~ or the recipient's ~~or participant's~~ attorney or	85307
representative.	85308

(I) A medical assistance recipient ~~or participant~~ shall not	85309
assess attorney fees, costs, or other expenses against the	85310
department of ~~job and family services~~medicaid or a county	85311
department ~~of job and family services~~ when the department or	85312
county department enforces its right of recovery created by this	85313
section.	85314

(J) The right of recovery given to the department under this	85315
section ~~does not include rights to support from any other person~~	85316
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	85317
~~Revised Code, but~~ includes payments made by a third party under	85318
contract with a person having a duty to support.	85319

(K) The department of medicaid may assign to a medical	85320
assistance provider the right of recovery given to the department	85321
under this section with respect to any claim for which the	85322
department has notified the provider that the department intends	85323
to recoup the department's prior payment for the claim.	85324

Sec. 5160.371. In addition to the requirement of division	85325
(C) of section 5160.37 of the Revised Code to cooperate with the	85326
department of medicaid and county department of job and family	85327
services, a medical assistance recipient and the recipient's	85328
attorney, if any, shall cooperate with each medical provider of	85329
the recipient. Cooperation with a medical provider shall consist	85330
of disclosing to the provider all information the recipient and	85331
attorney, if any, possess that would assist the provider in	85332
determining each third party that is responsible for the payment	85333
or processing of a claim for medical assistance provided to the	85334
recipient. If disclosure is not made in accordance with this	85335
section, the recipient and the recipient's attorney, if any, are	85336
liable to reimburse the department or county department for the	85337
amount that would have been paid by a third party had the third	85338
party been disclosed to the provider by the recipient or the	85339
recipient's attorney.	85340

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	85341
ofenrollment in, ~~public~~a medical assistance program constitutes	85342
an automatic assignment of ~~certain~~ rights specified in division	85343
(B) of this section to the department of ~~job and family services~~	85344
medicaid. This assignment includes the rights of the ~~applicant,~~	85345
medical assistance recipient~~, or participant~~ and also the rights	85346
of any other member of the assistance group for whom the	85347
~~applicant,~~ recipient~~, or participant~~ can legally make an	85348
assignment.	85349

(B) Pursuant to this section, ~~the applicant,~~a medical	85350
assistance recipient~~, or participant~~ assigns to the department any	85351
rights to medical support available to the ~~applicant,~~ recipient,	85352
~~or participant~~ or ~~for~~ other members of the recipient's assistance	85353
group under an order of a court or administrative agency, and any	85354
rights to payments by a liable third party for the cost of medical	85355
assistance paid on behalf of ~~a public assistance~~the recipient or	85356
~~participant~~or other members of the assistance group. The	85357
recipient ~~or participant~~ shall cooperate with the department in	85358
obtaining such payments.	85359

Medicare benefits shall not be assigned pursuant to this	85360
section. Benefits assigned to the department by operation of this	85361
section are directly reimbursable to the department by liable	85362
third parties.	85363

(C) Refusal by ~~the applicant~~a medical assistance, recipient,	85364
~~or participant~~ to cooperate in obtaining medical assistance paid	85365
for self or any other member of the recipient's assistance group	85366
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	85367
~~public~~a medical assistance program, unless cooperation is waived	85368
by the department. Eligibility shall continue for any individual	85369
who cannot legally assign the individual's own rights and who	85370
would have been eligible for ~~public~~a medical assistance program	85371
but for the refusal to assign the individual's rights or to	85372
cooperate as required by this section by another person legally	85373
able to assign the individual's rights.	85374

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	85375
~~participant~~ or any member of the recipient's assistance group	85376
becomes ineligible for ~~public~~a medical assistance program, the	85377
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	85378
or ~~member of the~~ assistance group member any future rights to	85379
benefits assigned under this section.	85380

~~(E) The rights of assignment given to the department under~~	85381
~~this section do not include rights to support assigned under~~	85382
~~section 5107.20 or 5115.07 of the Revised Code.~~	85383

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	85384
with the department of ~~job and family services~~medicaid in	85385
identifying individuals for the purpose of establishing third	85386
party liability ~~pursuant to Title XIX of the Social Security Act,~~	85387
~~as amended~~regarding medical assistance programs.	85388

(B) In furtherance of the requirement in division (A) of this	85389
section and to allow the department to determine any period that	85390
the individual or the individual's spouse or dependent may have	85391
been covered by the third party and the nature of the coverage, a	85392
third party shall provide, as the department so chooses,	85393
information or access to information, or both, in the third	85394
party's electronic data system on the department's request and in	85395
accordance with division (C) of this section.	85396

(C)(1) If the department chooses to receive information	85397
directly, the third party shall provide the information under all	85398
of the following circumstances:	85399

(a) In a medium, format, and manner prescribed ~~by the~~	85400
~~director of job and family services~~ in rules ~~adopted under~~	85401
authorized by section ~~5101.591~~5160.43 of the Revised Code;	85402

(b) Free of charge;

85403

(c) Not later than the end of the thirtieth day after the	85404
department makes its request, unless a different time is agreed to	85405
by the director in writing.	85406

(2) If the department chooses to receive access to	85407
information, the third party shall provide access by a method	85408
prescribed ~~by the director of job and family services~~ in rules	85409
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	85410
Revised Code. In facilitating access, the department may enter	85411
into a trading partner agreement with the third party to permit	85412
the exchange of information via "ASC X 12N 270/271 Health Care	85413
Eligibility Benefit Inquiry and Response" transactions.	85414

(D) All of the following apply with respect to information	85415
provided by a third party to the department under this section:	85416

(1) The information is confidential and not a public record	85417
under section 149.43 of the Revised Code.	85418

(2) The release of information to the department is not to be	85419
considered a violation of any right of confidentiality or contract	85420
that the third party may have with covered persons including, but	85421
not limited to, contractees, beneficiaries, heirs, assignees, and	85422
subscribers.	85423

(3) The third party is immune from any liability that it may	85424
otherwise incur through its release of information to the	85425
department.	85426

The department ~~of job and family services~~ shall limit its use	85427
of information gained from third parties to purposes directly	85428
connected with the administration of the medicaid program and the	85429
child support program authorized by Title IV-D of the "Social	85430
Security Act.," 42 U.S.C. 651 et seq.	85431

(E) No third party shall disclose to other parties or make	85432
use of any information regarding medical assistance recipients of	85433
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	85434
obtains from the department, except in the manner provided ~~for by~~	85435
~~the director of job and family services~~ in ~~administrative~~ rules	85436
authorized by section 5160.43 of the Revised Code.	85437

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	85438
of this section, a third party shall do all of the following:	85439

(1) Accept the department of ~~job and family services'~~	85440
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	85441
Revised Code and the assignment of rights to the department that	85442
are described in section ~~5101.59~~5160.38 of the Revised Code;	85443

(2) Respond to an inquiry by the department regarding a claim	85444
for payment of a medical item or service that was submitted to the	85445
third party not later than six years after the date of the	85446
provision of such medical item or service;	85447

(3) Not charge a fee to do either of the following for a	85448
claim described in division (A)(2) of this section:	85449

(a) Determine whether the claim should be paid;

85450

(b) Process the claim.

85451

(4) Pay a claim described in division (A)(2) of this section;

85452

(5) Not deny a claim submitted by the department solely on	85453
the basis of the date of submission of the claim, type or format	85454
of the claim form, or a failure by the medical assistance	85455
recipient who is the subject of the claim to present proper	85456
documentation of coverage at the time of service, if both of the	85457
following ~~are true~~have occurred:	85458

(a) The claim was submitted by the department not later than	85459
six years after the date of the provision of the medical item or	85460
service.	85461

(b) An action by the department to enforce its right of	85462
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	85463
claim was commenced not later than six years after the	85464
department's submission of the claim.	85465

(6) Consider the department's payment of a claim for a	85466
medical item or service to be the equivalent of the medical	85467
assistance recipient having obtained prior authorization for the	85468
item or service from the third party;	85469

(7) Not deny a claim described in division (A)(6) of this	85470
section that is submitted by the department solely on the basis of	85471
the medical assistance recipient's failure to obtain prior	85472
authorization for the medical item or service.	85473

(B) For purposes of the requirements in division (A) of this	85474
section, a third party shall treat a medicaid managed care	85475
organization as the department for a claim ~~in which both of the~~	85476
~~following are true:~~	85477

~~(1) The~~if the individual who is the subject of the claim	85478
received a medical item or service through a medicaid managed care	85479
organization ~~that has entered into a contract with the department~~	85480
~~of job and family services under section 5111.17 of the Revised~~	85481
~~Code;~~	85482

~~(2) The~~and the department has assigned its right of recovery	85483
for the claim to the medicaid managed care organization.	85484

(C) If the department of medicaid, as permitted by division	85485
(K) of section 5160.37 of the Revised Code, assigns to a medical	85486
assistance provider the department's right of recovery for a claim	85487
for which it has notified the provider that it intends to recoup	85488
its prior payment for a claim, a third party shall treat the	85489
provider as the department and shall pay the provider the greater	85490
of the following:	85491

(1) The amount the department intends to recoup from the	85492
provider for the claim.	85493

(2) If the third party and the provider have an agreement	85494
that requires the third party to pay the provider at the time the	85495
provider presents the claim to the third party, the amount that is	85496
to be paid under that agreement.	85497

(D) The time limitations associated with the requirements in	85498
divisions (A)(2) and (5) of this section apply only to submissions	85499
of claims to, and payments of claims by, a health insurer to which	85500
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	85501
1396a(a)(25)(I), applies.	85502

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	85503
an individual is eligible for or ~~receives~~enrolled in a medical	85504
assistance program when either of the following applies:	85505

(A) The individual seeks to obtain a policy or enroll in a	85506
plan or program operated or administered by the third party;	85507

(B) The individual, or a person or governmental entity on the	85508
individual's behalf, seeks payment for a medical item or service	85509
provided to the individual.	85510

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	85511
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	85512
Revised Code, a governmental entity that is responsible for	85513
issuing a license, certificate of authority, registration, or	85514
approval that authorizes the third party to do business in this	85515
state may impose a fine against the third party or deny, revoke,	85516
or terminate the third party's license, certificate, registration,	85517
or approval to do business in this state. The governmental entity	85518
shall determine which sanction is to be imposed. All actions to	85519
impose the sanction shall be taken in accordance with Chapter 119.	85520
of the Revised Code.	85521

(B) In addition to the sanctions that may be imposed under	85522
division (A) of this section for a violation of section ~~5101.572~~	85523
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	85524
Code, the attorney general may petition a court of common pleas to	85525
enjoin the violation.	85526

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	85527
~~of this section, the~~The medicaid director ~~of job and family~~	85528
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	85529
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	85530
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	85531
that specify what constitutes cooperating with efforts to obtain	85532
support or payments, or medical assistance payments, and when	85533
cooperation may be waived.	85534

(B) The department shall adopt rules ~~in accordance with~~	85535
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	85536
of the following:	85537

(1) For purposes of the definition of "information" in	85538
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	85539
data other than the data specified in that division that should be	85540
included in the definition.	85541

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	85542
5160.39 of the Revised Code, the medium, format, and manner in	85543
which a third party must provide information to the department.	85544

(3) For purposes of division (C)(2) of section ~~5101.572~~	85545
5160.39 of the Revised Code, the method by which a third party	85546
must provide the department with access to information.	85547

(C) Rules authorized by division (A) of this section may be	85548
adopted in accordance with section 111.15 of the Revised Code.	85549
Rules authorized by division (B) of this section shall be adopted	85550
in accordance with Chapter 119. of the Revised Code.	85551

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	85552
5160.481 of the Revised Code, "information" means all of the	85553
following:	85554

(1) Records, as defined in section 149.011 of the Revised	85555
Code;	85556

(2) Any other documents in any format;

85557

(3) Data derived from records and documents that are	85558
generated, acquired, or maintained by the department of medicaid,	85559
a county department of job and family services, or an entity	85560
performing duties on behalf of the department or a county	85561
department.	85562

(B) Except as permitted by this section, section ~~5101.273~~	85563
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	85564
5160.48 or 5160.481 of the Revised Code, or when required by	85565
federal law, no person or government entity shall use or disclose	85566
information regarding a medical assistance recipient for any	85567
purpose not directly connected with the administration of ~~the~~a	85568
medical assistance program.	85569

~~(B)~~(C) Both of the following shall be considered to be	85570
purposes directly connected with the administration of ~~the~~a	85571
medical assistance program:	85572

(1) Treatment, payment, or other operations or activities	85573
authorized by 42 C.F.R. Chapter IV;	85574

(2) Any administrative function or duty the department of ~~job~~	85575
~~and family services~~medicaid performs alone or jointly with a	85576
federal government entity, another state government entity, or a	85577
local government entity implementing a provision of federal law.	85578

~~(C)~~(D) The department or a county ~~agency~~department of job	85579
and family services may disclose information regarding a medical	85580
assistance recipient to any of the following:	85581

(1) The recipient or the recipient's authorized	85582
representative;	85583

(2) The recipient's legal guardian in accordance with	85584
division (C) of section 2111.13 of the Revised Code;	85585

(3) The attorney of the recipient, if the department or	85586
county ~~agency~~department has obtained authorization from the	85587
recipient,or the recipient's authorized representative, or ~~the~~	85588
~~recipient's~~ legal guardian that meets all requirements of the	85589
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	85590
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	85591
regulations promulgated by the United States department of health	85592
and human services to implement the act, section ~~5101.272~~5160.46	85593
of the Revised Code, and any rules ~~the director of job and family~~	85594
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	85595
Revised Code;	85596

(4) A health information or health records management entity	85597
that has executed with the department a business associate	85598
agreement required by 45 C.F.R 164.502(e)(2) and has been	85599
authorized by the recipient,or the recipient's authorized	85600
representative, or ~~the recipient's~~ legal guardian to receive the	85601
recipient's electronic health records in accordance with rules ~~the~~	85602
~~director of job and family services adopts under~~authorized by	85603
section ~~5101.30~~5160.48 of the Revised Code;	85604

(5) A court if pursuant to a written order of the court.

85605

~~(D)~~(E) The department may receive from county departments of	85606
job and family services information regarding any medical	85607
assistance recipient for purposes of training and verifying the	85608
accuracy of eligibility determinations for a medical assistance	85609
program. The department may assemble information received under	85610
this division into a report if the report is in a form specified	85611
by the department. Information received and assembled into a	85612
report under this division shall remain confidential and not be	85613
subject to disclosure pursuant to section 149.43 or 1347.08 of the	85614
Revised Code.	85615

~~(E)~~(F) The department shall notify courts in this state	85616
regarding its authority, under division ~~(C)~~(D)(5) of this section,	85617
to disclose information regarding a medical assistance recipient	85618
pursuant to a written court order.	85619

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	85620
Revised Code, an authorization shall be made on a form that uses	85621
language understandable to the average person and contains all of	85622
the following:	85623

(1) A description of the information to be used or disclosed	85624
that identifies the information in a specific and meaningful	85625
fashion;	85626

(2) The name or other specific identification of the person	85627
or class of persons authorized to make the requested use or	85628
disclosure;	85629

(3) The name or other specific identification of the person	85630
or government entity to which the information may be released;	85631

(4) A description of each purpose of the requested use or	85632
disclosure of the information;	85633

(5) The date on which the authorization expires or an event	85634
related either to the individual who is the subject of the request	85635
or to the purposes of the requested use or disclosure, the	85636
occurrence of which will cause the authorization to expire;	85637

(6) A statement that the information used or disclosed	85638
pursuant to the authorization may be disclosed by the recipient of	85639
the information and may no longer be protected from disclosure;	85640

(7) The signature of the individual or the individual's	85641
authorized representative and the date on which the authorization	85642
was signed;	85643

(8) If signed by an authorized representative, a description	85644
of the representative's authority to act for the individual;	85645

(9) A statement of the individual or authorized	85646
representative's right to prospectively revoke the written	85647
authorization in writing, along with either of the following:	85648

(a) A description of how the individual or authorized	85649
representative may revoke the authorization;	85650

(b) If the department of medicaid has established a privacy	85651
notice that contains a description of how the individual or	85652
authorized representative may revoke the authorization, a	85653
reference to the privacy notice.	85654

(10) A statement that treatment, payment, enrollment, or	85655
eligibility for a medical assistance program cannot be conditioned	85656
on signing the authorization unless the authorization is necessary	85657
for determining eligibility for the program.	85658

(B) An authorization for the release of information regarding	85659
a medical assistance recipient to the recipient's attorney under	85660
division (D)(3) of section 5160.45 of the Revised Code may include	85661
a provision specifically authorizing the release of the	85662
recipient's electronic health records, if any, in accordance with	85663
rules authorized by section 5160.48 or 5160.481 of the Revised	85664
Code.	85665

(C) When an individual requests information pursuant to	85666
section 5160.45 of the Revised Code regarding the individual's	85667
enrollment in a medical assistance program and does not wish to	85668
provide a statement of purpose, the statement "at request of the	85669
individual" is a sufficient description for purposes of division	85670
(A)(4) of this section.	85671

Sec. 5160.47. The department of medicaid shall enter into	85672
any necessary agreements with the United States department of	85673
health and human services and neighboring states to join and	85674
participate as an active member in the public assistance reporting	85675
information system. The department may disclose information	85676
regarding a medical assistance recipient to the extent necessary	85677
to participate as an active member in the system.	85678

Sec. 5160.48. (A) The medicaid director shall adopt rules	85679
under section 5160.02 of the Revised Code implementing sections	85680
5160.45 to 5160.481 of the Revised Code and governing the custody,	85681
use, disclosure, and preservation of the information generated or	85682
received by the department of medicaid, county departments of job	85683
and family services, other state and county entities, contractors,	85684
grantees, private entities, or officials participating in the	85685
administration of medical assistance programs. The rules shall be	85686
adopted in accordance with Chapter 119. of the Revised Code. The	85687
rules may define who is an "authorized representative" for	85688
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	85689
rules shall specify conditions and procedures for the release of	85690
information, which may include both of the following:	85691

(1) Permitting a provider of a service under a medical	85692
assistance program limited access to information that is essential	85693
for the provider to render the service or to bill for the service	85694
rendered;	85695

(2) Permitting a contractor, grantee, or other state or	85696
county entity limited access to information that is essential for	85697
the contractor, grantee, or entity to perform administrative or	85698
other duties on behalf of the department or a county department.	85699

(B) The department of aging, when investigating a complaint	85700
under section 173.20 of the Revised Code, shall be granted any	85701
limited access permitted in the rules authorized by division	85702
(A)(1) of this section.	85703

A contractor, grantee, or entity given access to information	85704
pursuant to the rules authorized by division (A)(2) of this	85705
section is bound by the director's rules. Disclosure of the	85706
information by the contractor, grantee, or entity in a manner not	85707
authorized by the rules is a violation of section 5160.45 of the	85708
Revised Code.	85709

Sec. 5160.481. Whenever names, addresses, or other	85710
information relating to medical assistance recipients is held by	85711
any agency other than the department of medicaid or a county	85712
department of job and family services, that other agency shall	85713
adopt rules consistent with sections 5160.45 to 5160.481 of the	85714
Revised Code to prevent the publication or disclosure of names,	85715
lists, or other information concerning those recipients.	85716

Sec. 5160.50. The department of medicaid shall administer	85717
the refugee medical assistance program authorized by the	85718
"Immigration and Nationality Act," section 412(e), 8 U.S.C.	85719
1522(e).	85720

Sec. 5160.52. The medicaid director may provide for the	85721
department of medicaid to develop, participate in the development	85722
of, negotiate, and enter into one or more interstate compacts on	85723
behalf of this state with agencies of any other states, for the	85724
provision of medical assistance to children in relation to whom	85725
all of the following apply:	85726

(A) They have special needs.

85727

(B) This state or another state that is a party to the	85728
interstate compact is providing adoption assistance on their	85729
behalf.	85730

(C) They move into this state from another state or move out	85731
of this state to another state.	85732

Sec. 5160.99. Whoever violates division (B) of section	85733
5160.45 of the Revised Code is guilty of a misdemeanor of the	85734
first degree.	85735

Sec. 5161.01. (A) As used in the Revised Code, "children's	85736
health insurance program" and, when used as an acronym for the	85737
children's health insurance program, "CHIP" mean the program of	85738
child health assistance authorized by Title XXI of the "Social	85739
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	85740
and CHIP part III, as authorized by this chapter, are components	85741
of CHIP. Any reference in statute enacted by the general assembly	85742
to medicaid or the medicaid program also means CHIP to the extent,	85743
if any, that CHIP is provided under the medicaid program.	85744

(B) As used in this chapter, "federal poverty line" means the	85745
official poverty line defined by the United States office of	85746
management and budget based on the most recent data available from	85747
the United States bureau of the census and revised by the United	85748
States secretary of health and human services pursuant to the	85749
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	85750
U.S.C. 9902(2).	85751

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director of ~~job and~~	85752
~~family services~~ may adopt rules in accordance with Chapter 119. of	85753
the Revised Code as necessary for the efficient administration of	85754
the children's health insurance program ~~part I~~, including rules	85755
that establish all of the following:	85756

(A) The conditions under which ~~health assistance services~~	85757
the program will ~~be reimbursed~~pay for health benefits coverage;	85758

(B) The method of ~~reimbursement applicable to services~~	85759
~~reimbursable under~~ the ~~program~~payment;	85760

(C) The amount of ~~reimbursement~~payment, or the method by	85761
which the amount is to be determined, for each ~~reimbursable~~	85762
service included in the health benefits coverage.	85763

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	85764
~~5101.529 of the Revised Code:~~	85765

~~(1) "Children's health insurance program" means the program~~	85766
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	85767
~~552 (1997), 42 U.S.C.A. 1397aa.~~	85768

~~(2) "Federal poverty guidelines" has the same meaning as in~~	85769
~~section 5101.46 of the Revised Code.~~	85770

~~(B)~~ The medicaid director ~~of job and family services~~ may	85771
continue to operate the component of the children's health	85772
insurance program initially authorized by an executive order	85773
issued under section 107.17 of the Revised Code as long as federal	85774
financial participation is available for the program. If operated,	85775
the ~~program~~component shall ~~provide health assistance to~~pay for	85776
part or all of the cost of health benefits coverage for uninsured	85777
individuals under nineteen years of age with family incomes not	85778
exceeding one hundred fifty per cent of the federal poverty	85779
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	85780
~~director may provide for the health assistance to meet the~~	85781
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	85782
~~medicaid program established under Chapter 5111. of the Revised~~	85783
~~Code, or to be a combination of both.~~	85784

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	85785
component of the children's health insurance program authorized by	85786
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	85787
~~children's health insurance program~~CHIP part I.	85788

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	85789
governing the children's health insurance program, the medicaid	85790
director ~~of job and family services~~ may submit a state child	85791
health plan to the United States secretary of health and human	85792
services to ~~provide~~pay, except as provided in section ~~5101.516~~	85793
5161.22 of the Revised Code, ~~health assistance to~~for part or all	85794
of the cost of health benefits coverage for uninsured individuals	85795
under nineteen years of age with family incomes above one hundred	85796
fifty per cent of the federal poverty ~~guidelines~~line but not	85797
exceeding two hundred per cent of the federal poverty ~~guidelines~~	85798
line. If the director submits the plan, the director shall ~~include~~	85799
~~both of the following~~stipulate in the plan:	85800

~~(A) The health assistance will not begin before January 1,~~	85801
~~2000.~~	85802

~~(B) The health assistance~~that the payments will be available	85803
only while federal financial participation is available for it	85804
them.	85805

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	85806
component of the children's health insurance program authorized by	85807
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	85808
~~children's health insurance program~~CHIP part II.	85809

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	85810
~~family services~~ submits a state child health plan to the United	85811
States secretary of health and human services under section	85812
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	85813
plan, the director shall implement ~~the children's health insurance~~	85814
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	85815
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	85816
~~necessary for the efficient administration of the program,~~	85817
~~including rules that establish all of the following:~~	85818

~~(A) The conditions under which health assistance services~~	85819
~~will be reimbursed;~~	85820

~~(B) The method of reimbursement applicable to services~~	85821
~~reimbursable under the program~~;	85822

~~(C) The amount of reimbursement, or the method by which the~~	85823
~~amount is to be determined, for each reimbursable service~~.	85824

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	85825
governing the children's health insurance program, the medicaid	85826
director ~~of job and family services~~ may submit a request for a	85827
federal waiver to the United States secretary of health and human	85828
services to ~~provide~~pay, except as provided in section ~~5101.526~~	85829
5161.22 of the Revised Code, ~~health assistance to~~for part or all	85830
of the cost of health benefits coverage for individuals under	85831
nineteen years of age with family incomes above two hundred per	85832
cent of the federal poverty ~~guidelines~~line but not exceeding	85833
three hundred per cent of the federal poverty ~~guidelines~~line. If	85834
the director submits the ~~plan~~waiver request, the director shall	85835
stipulate in the ~~plan~~request that the ~~health assistance~~payments	85836
will be available only while federal financial participation is	85837
available for ~~it and that health assistance shall not begin before~~	85838
~~January 1, 2008~~them.	85839

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	85840
component of the children's health insurance program authorized by	85841
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	85842
~~children's health insurance program~~CHIP part III.	85843

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	85844
~~family services~~ submits a waiver request to the United States	85845
secretary of health and human services under section ~~5101.52~~	85846
5161.15 of the Revised Code and the secretary grants the waiver,	85847
the director shall implement ~~the children's health insurance~~	85848
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	85849
~~may adopt rules in accordance with Chapter 119. of the Revised~~	85850
~~Code as necessary for the efficient administration of the program,~~	85851
~~including rules that establish all of the following:~~	85852

~~(A) The conditions under which health assistance services~~	85853
~~will be reimbursed;~~	85854

~~(B) The method of reimbursement applicable to services~~	85855
~~reimbursable under the program;~~	85856

~~(C) The amount of reimbursement, or the method by which the~~	85857
~~amount is to be determined, for each reimbursable service.~~	85858

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	85859
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	85860
~~and family services shall provide for health assistance under~~ the	85861
children's health insurance program ~~part III to meet~~shall	85862
provide payments for obtaining health benefits coverage through	85863
any of the following:	85864

(A) Obtaining coverage that meets the requirements the	85865
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	85866
~~provided~~;	85867

(B) Providing benefits under the medicaid program ~~established~~	85868
~~under Chapter 5111. of the Revised Code, or to be a~~;	85869

(C) A combination of ~~both~~divisions (A) and (B) of this	85870
section.	85871

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	85872
~~family services~~ determines that federal financial participation	85873
for ~~the children's health insurance program~~CHIP part II, part	85874
III, or both parts is insufficient to ~~provide health assistance~~	85875
topay for part or all of the costs of health benefits coverage	85876
for all the individuals the director anticipates are eligible for	85877
the ~~program~~part or parts, the director may refuse to accept new	85878
applications for the ~~program~~part or parts or may make the	85879
~~program's~~ eligibility requirements more restrictive for the part	85880
or parts.	85881

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	85882
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	85883
medicaid director ~~of job and family services~~ may require an	85884
individual ~~receiving health assistance under the children's health~~	85885
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	85886
part II to pay a premium, deductible, coinsurance payment, or	85887
other cost-sharing expense.	85888

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	85889
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	85890
director ~~of job and family services~~ shall require an individual	85891
~~receiving health assistance under the children's health insurance~~	85892
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	85893
pay the following as a term of ~~participation in the program~~	85894
enrollment:	85895

(A) A premium of not less than forty dollars per month for a	85896
family with one individual ~~receiving health assistance under~~	85897
seeking to enroll, or who is enrolled, in the ~~program~~part;	85898

(B) A premium of not less than eighty dollars per month for a	85899
family with two individuals ~~receiving health assistance under~~	85900
seeking to enroll, or who is enrolled, in the ~~program~~part;	85901

(C) A premium of not less than one hundred twenty dollars per	85902
month for a family with three or more individuals ~~receiving health~~	85903
~~assistance under~~seeking to enroll, or who are enrolled, in the	85904
~~program~~part.	85905

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	85906
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	85907
be treated as an application for ~~health assistance under~~ the	85908
children's health insurance program ~~part II~~ if the application is	85909
for an assistance group that includes a child under nineteen years	85910
of age and is denied.	85911

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	85912
~~family services~~ may contract with a government entity or person to	85913
perform the director's administrative duties regarding ~~the~~	85914
~~children's health insurance program~~CHIP part I, part II, part	85915
III, two of the parts, or all three parts, other than the duty to	85916
submit a state child health plan to the United States secretary of	85917
health and human services under section ~~5101.51~~5161.10 of the	85918
Revised Code, the duty to submit a waiver request under section	85919
5161.15 of the Revised Code, and the duty to adopt rules under	85920
section ~~5101.512~~5161.02 of the Revised Code.	85921

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	85922
~~family services~~ may submit a waiver request to the United States	85923
secretary of health and human services to provide health	85924
assistance to any individual who meets all of the following	85925
requirements:	85926

(1) Is the parent of a child who is under nineteen years of	85927
age ~~who~~, resides with the parent, and is ~~eligible for health~~	85928
~~assistance under~~enrolled in the children's health insurance	85929
program part I or II or the medicaid program ~~established under~~	85930
~~Chapter 5111. of the Revised Code~~;	85931

(2) Is uninsured;

85932

(3) Has a family income that does not exceed one hundred per	85933
cent of the federal poverty ~~guidelines~~line.	85934

(B) A waiver request the director submits under division (A)	85935
of this section may seek federal funds allotted to the state under	85936
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	85937
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	85938
otherwise used to fund the children's health insurance program	85939
parts I and II.	85940

~~(C) If a waiver request the director submits under division~~	85941
~~(A) of this section is granted, the director may adopt rules in~~	85942
~~accordance with Chapter 119. of the Revised Code as necessary for~~	85943
~~the efficient administration of the program authorization by the~~	85944
~~waiver.~~	85945

Sec. 5162.01. (A) As used in the Revised Code:

85946

(1) "Medicaid" and "medicaid program" mean the program of	85947
medical assistance established by Title XIX of the "Social	85948
Security Act," 42 U.S.C. 1396 et seq., including any medical	85949
assistance provided under the medicaid state plan or a federal	85950
medicaid waiver granted by the United States secretary of health	85951
and human services.	85952

(2) "Medicare" and "medicare program" mean the federal health	85953
insurance program established by Title XVIII of the "Social	85954
Security Act," 42 U.S.C. 1395 et seq.	85955

(B) As used in this chapter:

85956

(1) "Dual eligible individual" has the same meaning as in	85957
section 5160.01 of the Revised Code.	85958

(2) "Federal financial participation" has the same meaning as	85959
in section 5160.01 of the Revised Code.	85960

(3) "Federal poverty line" means the official poverty line	85961
defined by the United States office of management and budget based	85962
on the most recent data available from the United States bureau of	85963
the census and revised by the United States secretary of health	85964
and human services pursuant to the "Omnibus Budget Reconciliation	85965
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	85966

(4) "Healthy start component" means the component of the	85967
medicaid program that covers pregnant women and children and is	85968
identified in rules adopted under section 5162.02 of the Revised	85969
Code as the healthy start component.	85970

(5) "ICF/MR" has the same meaning as in section 5124.01 of	85971
the Revised Code.	85972

(6) "Medicaid managed care organization" has the same meaning	85973
as in section 5167.01 of the Revised Code.	85974

(7) "Medicaid provider" has the same meaning as in section	85975
5164.01 of the Revised Code.	85976

(8) "Medicaid services" has the same meaning as in section	85977
5164.01 of the Revised Code.	85978

(9) "Nursing facility" has the same meaning as in section	85979
5165.01 of the Revised Code.	85980

(10) "Political subdivision" means a municipal corporation,	85981
township, county, school district, or other body corporate and	85982
politic responsible for governmental activities only in a	85983
geographical area smaller than that of the state.	85984

(11) "Prescribed drug" has the same meaning as in section	85985
5164.01 of the Revised Code.	85986

(12) "Provider agreement" has the same meaning as in section	85987
5164.01 of the Revised Code.	85988

(13) "Qualified medicaid school provider" means the board of	85989
education of a city, local, or exempted village school district,	85990
the governing authority of a community school established under	85991
Chapter 3314. of the Revised Code, the state school for the deaf,	85992
and the state school for the blind to which both of the following	85993
apply:	85994

(a) It holds a valid provider agreement.

85995

(b) It meets all other conditions for participation in the	85996
medicaid school component of the medicaid program established in	85997
rules authorized by section 5162.364 of the Revised Code.	85998

(14) "State agency" means every organized body, office, or	85999
agency, other than the department of medicaid, established by the	86000
laws of the state for the exercise of any function of state	86001
government.	86002

(15) "Vendor offset" means a reduction of a medicaid payment	86003
to a medicaid provider to correct a previous, incorrect medicaid	86004
payment to that provider.	86005

Sec. 5162.02. The medicaid director shall adopt rules as	86006
necessary to implement this chapter.	86007

Sec. 5162.021. The medicaid director shall adopt rules under	86008
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	86009
5167.02 of the Revised Code as necessary to authorize the	86010
directors of other state agencies to adopt rules regarding	86011
medicaid components, or aspects of medicaid components, the other	86012
state agencies administer pursuant to contracts entered into under	86013
section 5162.35 of the Revised Code.	86014

Sec. 5162.022. The medicaid director's rules governing	86015
medicaid are binding on other state agencies and political	86016
subdivisions that administer one or more components of the	86017
medicaid program, or one or more aspects of a component, pursuant	86018
to contracts entered into under section 5162.35 of the Revised	86019
Code. No state agency or political subdivision may establish, by	86020
rule or otherwise, a policy governing medicaid that is	86021
inconsistent with a medicaid policy established, in rule or	86022
otherwise, by the director.	86023

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

86024

~~"Children's health insurance program" means the children's~~	86025
~~health insurance program part I, children's health insurance~~	86026
~~program part II, and children's health insurance program part III~~	86027
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	86028

~~"Medical assistance program" or "medicaid" means the program~~	86029
~~that is authorized by this chapter and provided by the office of~~	86030
~~medical assistance under this chapter, Title XIX of the "Social~~	86031
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	86032
~~amended, and the waivers of Title XIX requirements granted to the~~	86033
~~office by the centers for medicare and medicaid services of the~~	86034
~~United States department of health and human services.~~	86035

~~(B) There is hereby established the office of medical~~	86036
~~assistance as a work unit within the department of job and family~~	86037
~~services. The chief of the office shall hold the title of medical~~	86038
~~assistance director. Notwithstanding section 5101.06 of the~~	86039
~~Revised Code, the governor shall appoint the medical assistance~~	86040
~~director and the medical assistance director shall serve at the~~	86041
~~governor's pleasure. The medical assistance director is not an~~	86042
~~assistant director of the department of job and family services~~	86043
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	86044
~~any other purpose.~~	86045

~~Subject to appropriations for the medicaid program and~~	86046
~~children's health insurance program, the department of job and~~	86047
~~family services shall provide staff and support services as~~	86048
~~necessary for the operation of the office of medical assistance.~~	86049

~~If a statute, rule, contract, or other legal authority~~	86050
~~requires the director of job and family services or department of~~	86051
~~job and family services to take an action regarding the medicaid~~	86052
~~program or children's health insurance program, the medical~~	86053
~~assistance director or office of medical assistance shall take the~~	86054
~~action in place of the director of job and family services or~~	86055
~~department of job and family services. If a statute, rule,~~	86056
~~contract, or other legal authority permits the director of job and~~	86057
~~family services or department of job and family services to take~~	86058
~~an action regarding the medicaid program or children's health~~	86059
~~insurance program, the medical assistance director or office of~~	86060
~~medical assistance shall take the action in place of the director~~	86061
~~of job and family services or department of job and family~~	86062
~~services if the action is to be taken.~~	86063

~~The office~~For the purpose of the "Social Security Act,"	86064
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	86065
~~medical assistance~~medicaid shall act as the single state agency	86066
to supervise the administration of the medicaid program. As the	86067
single state agency, the ~~office~~department shall comply with 42	86068
C.F.R. 431.10(e) and all other federal requirements applicable to	86069
the single state agency. ~~The office's rules governing medicaid are~~	86070
~~binding on other agencies that administer components of the~~	86071
~~medicaid program. No agency may establish, by rule or otherwise, a~~	86072
~~policy governing medicaid that is inconsistent with a medicaid~~	86073
~~policy established, in rule or otherwise, by the medical~~	86074
~~assistance director.~~	86075

~~(C) The office of medical assistance may provide medical~~	86076
~~assistance under the medicaid program as long as federal funds are~~	86077
~~provided for such assistance, to the following:~~	86078

~~(1) Families with children that meet either of the following~~	86079
~~conditions:~~	86080

~~(a) The family meets the income, resource, and family~~	86081
~~composition requirements in effect on July 16, 1996, for the~~	86082
~~former aid to dependent children program as those requirements~~	86083
~~were established by Chapter 5107. of the Revised Code, federal~~	86084
~~waivers granted pursuant to requests made under former section~~	86085
~~5101.09 of the Revised Code, and rules adopted by the department~~	86086
~~or any changes the department makes to those requirements in~~	86087
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	86088
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	86089
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	86090
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	86091
~~eligibility for medicaid under division (C)(1)(a) of this section~~	86092
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	86093

~~(b) The family does not meet the requirements specified in~~	86094
~~division (C)(1)(a) of this section but is eligible for medicaid~~	86095
~~pursuant to section 5101.18 of the Revised Code.~~	86096

~~(2) Aged, blind, and disabled persons who meet the following~~	86097
~~conditions:~~	86098

~~(a) Receive federal aid under Title XVI of the "Social~~	86099
~~Security Act," or are eligible for but are not receiving such aid,~~	86100
~~provided that the income from all other sources for individuals~~	86101
~~with independent living arrangements shall not exceed one hundred~~	86102
~~seventy-five dollars per month. The income standards hereby~~	86103
~~established shall be adjusted annually at the rate that is used by~~	86104
~~the United States department of health and human services to~~	86105
~~adjust the amounts payable under Title XVI.~~	86106

~~(b) Do not receive aid under Title XVI, but meet any of the~~	86107
~~following criteria:~~	86108

~~(i) Would be eligible to receive such aid, except that their~~	86109
~~income, other than that excluded from consideration as income~~	86110
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	86111
~~this section, and incurred expenses for medical care, as~~	86112
~~determined under federal regulations applicable to section 209(b)~~	86113
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	86114
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	86115
~~their income exceeds the maximum under division (C)(2)(a) of this~~	86116
~~section;~~	86117

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	86118
~~the permanently and totally disabled prior to January 1, 1974, and~~	86119
~~continue to meet all the same eligibility requirements;~~	86120

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	86121
~~of the Revised Code.~~	86122

~~(3) Persons to whom federal law requires, as a condition of~~	86123
~~state participation in the medicaid program, that medicaid be~~	86124
~~provided;~~	86125

~~(4) Persons under age twenty-one who meet the income~~	86126
~~requirements for the Ohio works first program established under~~	86127
~~Chapter 5107. of the Revised Code but do not meet other~~	86128
~~eligibility requirements for the program. The medical assistance~~	86129
~~director shall adopt rules in accordance with Chapter 119. of the~~	86130
~~Revised Code specifying which Ohio works first requirements shall~~	86131
~~be waived for the purpose of providing medicaid eligibility under~~	86132
~~division (C)(4) of this section.~~	86133

~~(D) If sufficient funds are appropriated for the medicaid~~	86134
~~program, the office of medical assistance may provide medical~~	86135
~~assistance under the medicaid program to persons in groups~~	86136
~~designated by federal law as groups to which a state, at its~~	86137
~~option, may provide medical assistance under the medicaid program.~~	86138

~~(E) The office of medical assistance may expand eligibility~~	86139
~~for the medicaid program to include individuals under age nineteen~~	86140
~~with family incomes at or below one hundred fifty per cent of the~~	86141
~~federal poverty guidelines, except that the eligibility expansion~~	86142
~~shall not occur unless the office receives the approval of the~~	86143
~~federal government. The office may implement the eligibility~~	86144
~~expansion authorized under this division on any date selected by~~	86145
~~the office, but not sooner than January 1, 1998.~~	86146

~~(F) In addition to any other authority or requirement to~~	86147
~~adopt rules under this chapter, the medical assistance director~~	86148
~~may adopt rules in accordance with section 111.15 of the Revised~~	86149
~~Code as the director considers necessary to establish standards,~~	86150
~~procedures, and other requirements regarding the provision of~~	86151
~~medical assistance under the medicaid program. The rules may~~	86152
~~establish requirements to be followed in applying for medicaid,~~	86153
~~making determinations of eligibility for medicaid, and verifying~~	86154
~~eligibility for medicaid. The rules may include special conditions~~	86155
~~as the office determines appropriate for making applications,~~	86156
~~determining eligibility, and verifying eligibility for any medical~~	86157
~~assistance that the office may provide under the medicaid program~~	86158
~~pursuant to division (E) of this section and section 5111.014 or~~	86159
~~5111.0120 of the Revised Code.~~	86160

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	86161
~~family services~~ may do all of the following as necessary for the	86162
department of ~~job and family services~~medicaid to fulfill the	86163
duties it has, as the single state agency for the medicaid	86164
program, under the "Medicare Prescription Drug, Improvement, and	86165
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	86166

(1) Adopt rules in accordance with division (B) of this	86167
section;	86168

(2) Assign duties to county departments of job and family	86169
services;	86170

(3) Make payments to the United States department of health	86171
and human services from appropriations made to the department of	86172
~~job and family services~~medicaid for this purpose.	86173

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	86174
section shall be adopted as follows:	86175

(1) If the rules concern the department's duties regarding	86176
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	86177
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	86178

(2) If the rules concern the department's duties concerning	86179
individuals' eligibility for medicaid services, ~~in accordance with~~	86180
under section ~~111.15~~5163.02 of the Revised Code;	86181

(3) If the rules concern the department's duties concerning	86182
financial and operational matters between the department and	86183
county departments of job and family services, ~~in accordance with~~	86184
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	86185
~~were internal management rules~~.	86186

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	86187
agency" has the same meaning as in section 9.23 of the Revised	86188
Code.	86189

No provision of Title LI of the Revised Code or any other law	86190
of this state that incorporates any provision of federal ~~Medicaid~~	86191
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	86192
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	86193
state, a state agency, or any state official or employee to comply	86194
with that federal provision, shall be construed as creating a	86195
cause of action to enforce such state law beyond the causes of	86196
action available under federal law for enforcement of the	86197
provision of federal law.	86198

Sec. 5162.05. The medicaid program shall be implemented in	86199
accordance with all of the following:	86200

(A) The medicaid state plan approved by the United States	86201
secretary of health and human services, including amendments to	86202
the plan approved by the United States secretary;	86203

(B) Federal medicaid waivers granted by the United States	86204
secretary, including amendments to waivers approved by the United	86205
States secretary;	86206

(C) Other types of federal approval, including demonstration	86207
grants, that establish requirements for components of the medicaid	86208
program;	86209

(D) Except as otherwise authorized by a federal medicaid	86210
waiver granted by the United States secretary, all applicable	86211
federal statutes, regulations, and policy guidances;	86212

(E) All applicable state statutes.

86213

Sec. 5162.06. (A) Notwithstanding any other state statute,	86214
no component, or aspect of a component, of the medicaid program	86215
shall be implemented without all of the following:	86216

(1) Subject to division (B) of this section, if the	86217
component, or aspect of the component, requires federal approval,	86218
receipt of the federal approval;	86219

(2) Sufficient federal financial participation for the	86220
component or aspect of the component;	86221

(3) Sufficient nonfederal funds for the component or aspect	86222
of the component that qualify as funds needed to obtain the	86223
federal financial participation.	86224

(B) A component, or aspect of a component, of the medicaid	86225
program that requires federal approval may begin to be implemented	86226
before receipt of the federal approval if federal law authorizes	86227
implementation to begin before receipt of the federal approval.	86228
Implementation shall cease if the federal approval is ultimately	86229
denied.	86230

Sec. 5162.07. The medicaid director shall seek federal	86231
approval for all components, and aspects of components, of the	86232
medicaid program for which federal approval is needed, except that	86233
the director is permitted rather than required to seek federal	86234
approval for components, and aspects of components, that state	86235
statutes permit rather than require be implemented. Federal	86236
approval shall be sought in the following forms as appropriate:	86237

(A) The medicaid state plan;

86238

(B) Amendments to the medicaid state plan;

86239

86240

(D) Amendments to federal medicaid waivers;

86241

(E) Other types of federal approval, including demonstration	86242
grants.	86243

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	86244
~~family services~~ may conduct reviews of the medicaid program. The	86245
reviews may include physical inspections of records and sites	86246
where ~~medicaid-funded~~medicaid services are provided and	86247
interviews of medicaid providers and medicaid recipients ~~of the~~	86248
~~services~~. If the director determines pursuant to a review that a	86249
person or government entity has violated a rule governing the	86250
medicaid program, the director may establish a corrective action	86251
plan for the violator and impose fiscal, administrative, or both	86252
types of sanctions on the violator in accordance with rules	86253
~~governing the medicaid program~~adopted under section 5162.02 of	86254
the Revised Code.	86255

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	86256
~~services~~medicaid shall enter into an agreement with the	86257
department of administrative services for the department of	86258
administrative services to contract through competitive selection	86259
pursuant to section 125.07 of the Revised Code with a vendor to	86260
perform an assessment of the data collection and data warehouse	86261
functions of the medicaid data warehouse system, including the	86262
ability to link the data sets of all agencies serving medicaid	86263
recipients.	86264

The assessment of the data system shall include functions	86265
related to fraud and abuse detection, program management and	86266
budgeting, and performance measurement capabilities of all	86267
agencies serving medicaid recipients, including the departments of	86268
aging, ~~alcohol and drug addiction services,~~ health, job and family	86269
services, medicaid, ~~mental health~~mental health and addiction	86270
services, and developmental disabilities.	86271

~~The department of administrative services shall enter into~~	86272
~~this contract within thirty days after September 29, 2005. The~~	86273
~~contract shall require the vendor to complete the assessment~~	86274
~~within ninety days after September 29, 2005.~~	86275

A qualified vendor with whom the department of administrative	86276
services contracts to assess the data system shall also assist the	86277
medicaid agencies in the definition of the requirements for an	86278
enhanced data system or a new data system and assist the	86279
department of administrative services in the preparation of a	86280
request for proposal to enhance or develop a data system.	86281

(B) Based on the assessment performed pursuant to division	86282
(A) of this section, the department of administrative services	86283
shall seek a qualified vendor through competitive selection	86284
pursuant to section 125.07 of the Revised Code to develop or	86285
enhance a data collection and data warehouse system for the	86286
department of ~~job and family services~~medicaid and all agencies	86287
serving medicaid recipients.	86288

~~Within ninety days after September 29, 2005, the~~The	86289
department of ~~job and family services~~medicaid shall seek enhanced	86290
federal ~~funding~~financial participation for ninety per cent of	86291
the funds required to establish or enhance the data system. The	86292
department of administrative services shall not award a contract	86293
for establishing or enhancing the data system until the department	86294
of ~~job and family services~~medicaid receives approval from the	86295
~~secretary of the~~ United States ~~department~~secretary of health and	86296
human services for the ninety per cent federal ~~match~~financial	86297
participation.	86298

Sec. 5162.12. (A) The medicaid director may enter into a	86299
contract with one or more persons to receive and process, on the	86300
director's behalf, requests for medicaid recipient or claims	86301
payment data, data from reports of audits conducted under section	86302
5165.109 of the Revised Code, or extracts or analyses of any of	86303
the foregoing data made by persons who intend to use the items for	86304
commercial or academic purposes.	86305

(B) At a minimum, a contract entered into under this section	86306
shall do both of the following:	86307

(1) Authorize the contracting person to engage in the	86308
activities described in division (A) of this section for	86309
compensation, which must be stated as a percentage of the fees	86310
paid by persons who are provided the items;	86311

(2) Specify the schedule of fees the contracting person is to	86312
charge for the items.	86313

(C) Except as required by federal or state law and subject to	86314
division (E) of this section, both of the following conditions	86315
apply with respect to a request for data described in division (A)	86316
of this section:	86317

(1) The request shall be made through a person who has	86318
entered into a contract with the medicaid director under this	86319
section.	86320

(2) An item prepared pursuant to the request may be provided	86321
to the department of medicaid and is confidential and not subject	86322
to disclosure under section 149.43 or 1347.08 of the Revised Code.	86323

(D) The medicaid director shall use fees the director	86324
receives pursuant to a contract entered into under this section to	86325
pay obligations specified in contracts entered under this section.	86326
Any money remaining after the obligations are paid shall be	86327
deposited in the health care services administration fund created	86328
under section 5162.54 of the Revised Code.	86329

(E) This section does not apply to requests for medicaid	86330
recipient or claims payment data, data from reports of audits	86331
conducted under section 5165.109 of the Revised Code, or extracts	86332
or analyses of any of the foregoing data that are for any of the	86333
following purposes:	86334

(1) Treatment of medicaid recipients;

86335

(2) Payment of medicaid claims;

86336

(3) Establishment or management of medicaid third party	86337
liability pursuant to sections 5160.35 to 5160.43 of the Revised	86338
Code;	86339

(4) Compliance with the terms of an agreement the medicaid	86340
director enters into for purposes of administering the medicaid	86341
program;	86342

(5) Compliance with an operating protocol the executive	86343
director of the office of health transformation or the executive	86344
director's designee adopts under division (D) of section 191.06 of	86345
the Revised Code.	86346

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	86347
of each year, the department of ~~job and family services~~medicaid	86348
shall submit to the speaker and minority leader of the house of	86349
representatives and the president and minority leader of the	86350
senate, and shall make available to the public, a report on the	86351
effectiveness of the ~~Ohio works first program established under~~	86352
~~Chapter 5107. of the Revised Code and the medical assistance~~	86353
medicaid program ~~established under this chapter~~ in meeting the	86354
health care needs of low-income pregnant women, infants, and	86355
children. The report shall include: the estimated number of	86356
~~persons eligible for health care services to~~ pregnant women,	86357
infants, and children ~~under the programs~~eligible for the	86358
program; the actual number of eligible persons ~~served~~enrolled in	86359
the program; the number of prenatal, postpartum, and child health	86360
visits; a report on birth outcomes, including a comparison of	86361
low-birthweight births and infant mortality rates of ~~program~~	86362
~~participants~~medicaid recipients with the general female	86363
child-bearing and infant population in this state; and a	86364
comparison of the prenatal, delivery, and child health costs of	86365
the ~~programs~~program with such costs of similar programs in other	86366
states, where available.	86367

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	86368
~~of job and family services~~ shall submit to the president and	86369
minority leader of the senate, speaker and minority leader of the	86370
house of representatives, and the chairpersons of the standing	86371
committees of the senate and house of representatives with primary	86372
responsibility for legislation making biennial appropriations a	86373
report on the establishment and implementation of programs	86374
designed to control the increase of the cost of the medicaid	86375
program, increase the efficiency of the medicaid program, and	86376
promote better health outcomes. In each calendar year, one report	86377
shall be submitted not later than the last day of June and the	86378
subsequent report shall be submitted not later than the last day	86379
of December.	86380

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	86381
~~and each year thereafter~~Annually, the department of ~~job and~~	86382
~~family services~~medicaid shall prepare a report on the	86383
department's efforts to minimize fraud, waste, and abuse in the	86384
medicaid program.	86385

~~(B)~~ Each report shall be made available on the department's	86386
web site. The department shall submit a copy of each report to the	86387
governor and, in accordance with section 101.68 of the Revised	86388
Code, the general assembly. Copies of the report also shall be	86389
made available to the public on request.	86390

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

86391

"Agent" and "contractor" include any agent, contractor,	86392
subcontractor, or other person who, on behalf of an entity,	86393
furnishes or authorizes the furnishing of ~~health care items or~~	86394
medicaid services ~~under the medicaid program~~, performs billing or	86395
coding functions, or is involved in monitoring of health care that	86396
an entity provides.	86397

"Employee" includes any officer or employee (including	86398
management employees) of an entity.	86399

"Entity" includes a governmental entity or an organization,	86400
unit, corporation, partnership, or other business arrangement,	86401
including any medicaid managed care organization, irrespective of	86402
the form of business structure or arrangement by which it exists,	86403
whether for-profit or not-for-profit. "Entity" does not include a	86404
government entity that administers one or more components of the	86405
medicaid program, unless the government entity receives medicaid	86406
payments for providing ~~items or~~medicaid services.	86407

"Federal health care programs" has the same meaning as in the	86408
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	86409

(B) Each entity that receives or makes in a federal fiscal	86410
year payments under the medicaid program, either through the	86411
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	86412
totaling at least five million dollars shall, as a condition of	86413
receiving such payments, do all of the following not later than	86414
the first day of the succeeding calendar year:	86415

(1) Establish written policies for all of the entity's	86416
employees, contractors, and agents that provide detailed	86417
information about the role of all of the following in preventing	86418
and detecting fraud, waste, and abuse in federal health care	86419
programs:	86420

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

86421

(b) Federal administrative remedies for false claims and	86422
statements available under 31 U.S.C. 3801 to 3812;	86423

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	86424
Revised Code and any other state laws pertaining to civil or	86425
criminal penalties for false claims and statements;	86426

(d) Whistleblower protections under the laws specified in	86427
divisions (B)(1)(a) to (c) of this section.	86428

(2) Include as part of the written policies required by	86429
division (B)(1) of this section detailed provisions regarding the	86430
entity's policies and procedures for preventing and detecting	86431
fraud, waste, and abuse.	86432

(3) Disseminate the written policies required by division	86433
(B)(1) of this section to each of the entity's employees,	86434
contractors, and agents in a paper or electronic form and make the	86435
written policies readily available to the entity's employees,	86436
contractors, and agents.	86437

(4) If the entity has an employee handbook, include in the	86438
employee handbook a specific discussion of the laws specified in	86439
division (B)(1) of this section, the rights of employees to be	86440
protected as whistleblowers, and the entity's policies and	86441
procedures for preventing and detecting fraud, waste, and abuse.	86442

(5) Require the entity's contractors and agents to adopt the	86443
entity's written policies required by division (B)(1) of this	86444
section.	86445

(C) An entity that furnishes ~~items or~~medicaid services at	86446
multiple locations or under multiple contractual or other payment	86447
arrangements is required to comply with division (B) of this	86448
section if the entity receives in a federal fiscal year medicaid	86449
payments totaling in the aggregate at least five million dollars.	86450
This applies regardless of whether the entity submits claims for	86451
medicaid payments using multiple provider identification or tax	86452
identification numbers.	86453

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	86454
~~and family services~~medicaid shall institute a cost-sharing	86455
~~program under~~requirements for the medicaid program. In	86456
~~instituting the cost-sharing program, the director shall comply~~	86457
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	86458
~~establish~~include a copayment requirement for at least dental	86459
services, vision services, nonemergency emergency department	86460
services, and ~~prescription~~prescribed drugs~~, other than generic~~	86461
~~drugs~~. The cost-sharing ~~program~~requirements also shall ~~establish~~	86462
include requirements regarding premiums, enrollment fees,	86463
deductions, and similar charges. ~~The director shall adopt rules~~	86464
~~under section 5111.02 of the Revised Code governing the~~	86465
~~cost-sharing program.~~	86466

(B) ~~The cost-sharing program shall, to the extent permitted~~	86467
~~by federal law, provide for all of the following with regard to~~	86468
~~any providers participating in the medicaid program:~~	86469

(1) No provider shall refuse to provide a service to a	86470
medicaid recipient who is unable to pay a required copayment for	86471
the service.	86472

(2) Division (B)(1) of this section shall not be considered	86473
to do either of the following with regard to a medicaid recipient	86474
who is unable to pay a required copayment:	86475

(a) Relieve the medicaid recipient from the obligation to pay	86476
a copayment;	86477

(b) Prohibit the provider from attempting to collect an	86478
unpaid copayment.	86479

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	86480
no provider shall waive a medicaid recipient's obligation to pay	86481
the provider a copayment.	86482

~~(4)~~(D) No provider or drug manufacturer, including the	86483
manufacturer's representative, employee, independent contractor,	86484
or agent, shall pay any copayment on behalf of a medicaid	86485
recipient.	86486

~~(5)~~(E) If it is the routine business practice of ~~the~~a	86487
provider to refuse service to any individual who owes an	86488
outstanding debt to the provider, the provider may consider an	86489
unpaid copayment imposed by the cost-sharing ~~program~~requirements	86490
as an outstanding debt and may refuse service to a medicaid	86491
recipient who owes the provider an outstanding debt. If the	86492
provider intends to refuse service to a medicaid recipient who	86493
owes the provider an outstanding debt, the provider shall notify	86494
the ~~individual~~recipient of the provider's intent to refuse	86495
~~services~~service.	86496

~~(C)~~(F) In the case of a provider that is a hospital, the	86497
cost-sharing program shall permit the hospital to take action to	86498
collect a copayment by providing, at the time services are	86499
rendered to a medicaid recipient, notice that a copayment may be	86500
owed. If the hospital provides the notice and chooses not to take	86501
any further action to pursue collection of the copayment, the	86502
prohibition against waiving copayments specified in division	86503
~~(B)(3)~~(C) of this section does not apply.	86504

~~(D)~~(G) The department of ~~job and family services~~medicaid may	86505
~~work~~collaborate with a state agency that is administering,	86506
pursuant to a contract entered into under section ~~5111.91~~5162.35	86507
of the Revised Code, one or more components ~~of the medicaid~~	86508
~~program~~, or one or more aspects of a component, of the medicaid	86509
program as necessary for the state agency to apply the	86510
cost-sharing ~~program~~requirements to the components or aspects of	86511
~~the medicaid program~~a component that the state agency	86512
administers.	86513

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	86514
section ~~5111.111~~5162.211 of the Revised Code:	86515

(1) "Estate" includes both of the following:

86516

(a) All real and personal property and other assets to be	86517
administered under Title XXI of the Revised Code and property that	86518
would be administered under that title if not for section 2113.03	86519
or 2113.031 of the Revised Code;	86520

(b) Any other real and personal property and other assets in	86521
which an individual had any legal title or interest at the time of	86522
death (to the extent of the interest), including assets conveyed	86523
to a survivor, heir, or assign of the individual through joint	86524
tenancy, tenancy in common, survivorship, life estate, living	86525
trust, or other arrangement.	86526

(2) "Institution" means a nursing facility, ~~intermediate care~~	86527
~~facility for the mentally retarded~~ICF/MR, or a medical	86528
institution.	86529

(3) ~~"Intermediate care facility for the mentally retarded"~~	86530
~~and "nursing facility" have the same meanings as in section~~	86531
~~5111.20 of the Revised Code.~~	86532

~~(4)~~ "Permanently institutionalized individual" means an	86533
individual to whom all of the following apply:	86534

(a) Is an inpatient in an institution;

86535

(b) Is required, as a condition of the medicaid program	86536
paying for the individual's services in the institution, to spend	86537
for costs of medical or nursing care all of the individual's	86538
income except for an amount for personal needs specified by the	86539
department of ~~job and family services~~medicaid;	86540

(c) Cannot reasonably be expected to be discharged from the	86541
institution and return home as determined by the department of ~~job~~	86542
~~and family services~~medicaid.	86543

~~(5)~~(4) "Qualified state long-term care insurance partnership	86544
program" means the program established under section ~~5111.18~~	86545
5164.86 of the Revised Code.	86546

~~(6)~~(5) "Time of death" shall not be construed to mean a time	86547
after which a legal title or interest in real or personal property	86548
or other asset may pass by survivorship or other operation of law	86549
due to the death of the decedent or terminate by reason of the	86550
decedent's death.	86551

(B) To the extent permitted by federal law, the department of	86552
~~job and family services~~medicaid shall institute a medicaid estate	86553
recovery program under which the department shall, except as	86554
provided in divisions (C) and (E) of this section, and subject to	86555
division (D) of this section, do all of the following:	86556

(1) For the costs of medicaid services the medicaid program	86557
correctly paid or will pay on behalf of a permanently	86558
institutionalized individual of any age, seek adjustment or	86559
recovery from the individual's estate or on the sale of property	86560
of the individual or spouse that is subject to a lien imposed	86561
under section ~~5111.111~~5162.211 of the Revised Code;	86562

(2) For the costs of medicaid services the medicaid program	86563
correctly paid or will pay on behalf of an individual fifty-five	86564
years of age or older who is not a permanently institutionalized	86565
individual, seek adjustment or recovery from the individual's	86566
estate;	86567

(3) Seek adjustment or recovery from the estate of other	86568
individuals as permitted by federal law.	86569

(C)(1) No adjustment or recovery may be made under division	86570
(B)(1) of this section from a permanently institutionalized	86571
individual's estate or on the sale of property of a permanently	86572
institutionalized individual that is subject to a lien imposed	86573
under section ~~5111.111~~5162.211 of the Revised Code or under	86574
division (B)(2) or (3) of this section from an individual's estate	86575
while either of the following are alive:	86576

(a) The spouse of the permanently institutionalized	86577
individual or individual;	86578

(b) The son or daughter of a permanently institutionalized	86579
individual or individual if the son or daughter is under age	86580
twenty-one or, under the "Social Security Act," section 1614, 42	86581
U.S.C. 1382c, is considered blind or disabled.	86582

(2) No adjustment or recovery may be made under division	86583
(B)(1) of this section from a permanently institutionalized	86584
individual's home that is subject to a lien imposed under section	86585
~~5111.111~~5162.211 of the Revised Code while either of the	86586
following lawfully reside in the home:	86587

(a) The permanently institutionalized individual's sibling	86588
who resided in the home for at least one year immediately before	86589
the date of the permanently institutionalized individual's	86590
admission to the institution and on a continuous basis since that	86591
time;	86592

(b) The permanently institutionalized individual's son or	86593
daughter who provided care to the permanently institutionalized	86594
individual that delayed the permanently institutionalized	86595
individual's institutionalization and resided in the home for at	86596
least two years immediately before the date of the permanently	86597
institutionalized individual's admission to the institution and on	86598
a continuous basis since that time.	86599

(D) In the case of a participant of the qualified state	86600
long-term care insurance partnership program, adjustment or	86601
recovery required by this section may be reduced in accordance	86602
with rules ~~adopted under~~authorized by division (G) of this	86603
section.	86604

(E) The department shall, in accordance with procedures and	86605
criteria established in rules ~~adopted under~~authorized by division	86606
(G) of this section, waive seeking an adjustment or recovery	86607
otherwise required by this section if the medicaid director ~~of job~~	86608
~~and family services~~ determines that adjustment or recovery would	86609
work an undue hardship. The department may limit the duration of	86610
the waiver to the period during which the undue hardship exists.	86611

(F) For the purpose of determining whether an individual	86612
meets the definition of "permanently institutionalized individual"	86613
established for this section, a rebuttable presumption exists that	86614
the individual cannot reasonably be expected to be discharged from	86615
an institution and return home if either of the following is the	86616
case:	86617

(1) The individual declares that he or she does not intend to	86618
return home.	86619

(2) The individual has been an inpatient in an institution	86620
for at least six months.	86621

(G) ~~The director of job and family services shall adopt rules~~	86622
~~in accordance with Chapter 119. of the Revised Code regarding the~~	86623
~~medicaid estate recovery program, including rules that~~Rules	86624
adopted under section 5162.02 of the Revised Code shall do both of	86625
the following:	86626

(1) For the purpose of division (D) of this section and	86627
consistent with the "Social Security Act," section 1917(b)(1)(C),	86628
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	86629
recovery in the case of a participant of the qualified state	86630
long-term care insurance partnership program;	86631

(2) For the purpose of division (E) of this section and	86632
consistent with the standards specified by the United States	86633
secretary of health and human services under the "Social Security	86634
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	86635
procedures and criteria for waiving adjustment or recovery due to	86636
an undue hardship.	86637

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	86638
(B) of this section and section ~~5111.12~~5162.23 of the Revised	86639
Code, no lien may be imposed against the property of an individual	86640
before the individual's death on account of medicaid services	86641
correctly paid or to be paid on the individual's behalf.	86642

(B) Except as provided in division (C) of this section, the	86643
department of ~~job and family services~~medicaid may impose a lien	86644
against the real property of a medicaid recipient who is a	86645
permanently institutionalized individual and against the real	86646
property of the recipient's spouse, including any real property	86647
that is jointly held by the recipient and spouse. The lien may be	86648
imposed on account of medicaid paid or to be paid on the	86649
recipient's behalf.	86650

(C) No lien may be imposed under division (B) of this section	86651
against the home of a medicaid recipient if any of the following	86652
lawfully resides in the home:	86653

(1) The recipient's spouse;

86654

(2) The recipient's son or daughter who is under twenty-one	86655
years of age or, under the "Social Security Act," section 1614, 42	86656
U.S.C. 1382c, considered to be blind or disabled;	86657

(3) The recipient's sibling who has an equity interest in the	86658
home and resided in the home for at least one year immediately	86659
before the date of the recipient's admission to the institution.	86660

(D) The medicaid director ~~of job and family services~~ or a	86661
person designated by the director shall sign a certificate to	86662
effectuate a lien required to be imposed under this section. The	86663
county department of job and family services shall file for	86664
recording and indexing the certificate, or a certified copy, in	86665
the real estate mortgage records in the office of the county	86666
recorder in every county in which real property of the recipient	86667
or spouse is situated. From the time of filing the certificate in	86668
the office of the county recorder, the lien attaches to all real	86669
property of the recipient or spouse described in the certificate	86670
for all amounts for which adjustment or recovery may be made under	86671
section ~~5111.11~~5162.21 of the Revised Code and, except as	86672
provided in division (E) of this section, shall remain a lien	86673
until satisfied.	86674

Upon filing the certificate in the office of the recorder,	86675
all persons are charged with notice of the lien and the rights of	86676
the department of ~~job and family services~~medicaid thereunder.	86677

The county recorder shall keep a record of every certificate	86678
filed showing its date, the time of filing, the name and residence	86679
of the recipient or spouse, and any release, waivers, or	86680
satisfaction of the lien.	86681

The priority of the lien shall be established in accordance	86682
with state and federal law.	86683

The department may waive the priority of its lien to provide	86684
for the costs of the last illness as determined by the department,	86685
administration, attorney fees, administrator fees, a sum for the	86686
payment of the costs of burial, which shall be computed by	86687
deducting from five hundred dollars whatever amount is available	86688
for the same purpose from all other sources, and a similar sum for	86689
the spouse of the decedent.	86690

(E) A lien imposed with respect to a medicaid recipient under	86691
this section shall dissolve on the recipient's discharge from the	86692
institution and return home.	86693

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	86694
~~services~~medicaid shall certify amounts due under the medicaid	86695
estate recovery program instituted under section ~~5111.11~~5162.21	86696
of the Revised Code to the attorney general pursuant to section	86697
131.02 of the Revised Code. The attorney general may enter into a	86698
contract with any person or government entity to collect the	86699
amounts due on behalf of the attorney general.	86700

The attorney general, in entering into a contract under this	86701
section, shall comply with all of the requirements that must be	86702
met for the state to receive federal financial participation for	86703
the costs incurred in entering into the contract and carrying out	86704
actions under the contract. The contract may provide for the	86705
person or government entity with which the attorney general	86706
contracts to be compensated from the property recovered under the	86707
medicaid estate recovery program or may provide for another manner	86708
of compensation agreed to by the parties to the contract.	86709

Regardless of whether the attorney general collects the	86710
amounts due under the medicaid estate recovery program or	86711
contracts with a person or government entity to collect the	86712
amounts due on behalf of the attorney general, the amounts due	86713
shall be collected in accordance with applicable requirements of	86714
federal statutes and regulations and state statutes and rules.	86715

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

86716

(1) "Commissioner" means a person appointed by a probate	86717
court under division (E) of section 2113.03 of the Revised Code to	86718
act as a commissioner.	86719

(2) "Home" has the same meaning as in section 3721.10 of the	86720
Revised Code.	86721

(3) "Personal needs allowance account" means an account or	86722
petty cash fund that holds the money of a resident of ~~an adult~~	86723
~~care~~a residential facility or home and that the facility or home	86724
manages for the resident.	86725

(4) "Residential facility" means a residential facility	86726
licensed under section ~~5119.22~~5119.34 of the Revised Code that	86727
provides accommodations, supervision, and personal care services	86728
for three to sixteen unrelated adults.	86729

(B) Except as provided in divisions (C) and (D) of this	86730
section, the owner or operator of a home or residential facility	86731
shall transfer to the department of ~~job and family services~~	86732
medicaid the money in the personal needs allowance account of a	86733
resident of the home or facility who was a medicaid recipient of	86734
~~the medical assistance program~~ no earlier than sixty days but not	86735
later than ninety days after the resident dies. The home or	86736
facility shall transfer the money even though the owner or	86737
operator of the facility or home has not been issued letters	86738
testamentary or letters of administration concerning the	86739
resident's estate.	86740

(C) If funeral or burial expenses for a resident of a home or	86741
residential facility who has died have not been paid and the only	86742
resource the resident had that could be used to pay for the	86743
expenses is the money in the resident's personal needs allowance	86744
account, or all other resources of the resident are inadequate to	86745
pay the full cost of the expenses, the money in the resident's	86746
personal needs allowance account shall be used to pay for the	86747
expenses rather than being transferred to the department of ~~job~~	86748
~~and family services~~medicaid pursuant to division (B) of this	86749
section.	86750

(D) If, not later than sixty days after a resident of a home	86751
or residential facility dies, letters testamentary or letters of	86752
administration are issued, or an application for release from	86753
administration is filed under section 2113.03 of the Revised Code,	86754
concerning the resident's estate, the owner or operator of the	86755
home or facility shall transfer the money in the resident's	86756
personal needs allowance account to the administrator, executor,	86757
commissioner, or person who filed the application for release from	86758
administration.	86759

(E) The transfer or use of money in a resident's personal	86760
needs allowance account in accordance with division (B), (C), or	86761
(D) of this section discharges and releases the home or	86762
residential facility, and the owner or operator of the home, from	86763
any claim for the money from any source.	86764

(F) If, sixty-one or more days after a resident of a home or	86765
residential facility dies, letters testamentary or letters of	86766
administration are issued, or an application for release from	86767
administration under section 2113.03 of the Revised Code is filed,	86768
concerning the resident's estate, the department of ~~job and family~~	86769
~~services~~medicaid shall transfer the funds to the administrator,	86770
executor, commissioner, or person who filed the application,	86771
unless the department is entitled to recover the money under the	86772
medicaid estate recovery program instituted under section ~~5111.11~~	86773
5162.21 of the Revised Code.	86774

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	86775
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	86776
5162.02 of the Revised Code permitting county departments of job	86777
and family services ~~may~~to take action to recover benefits	86778
incorrectly paid on behalf of medicaid recipients ~~of medical~~	86779
~~assistance~~. The rules shall provide for recovery by the following	86780
methods:	86781

(1) Soliciting voluntary payments from recipients or from	86782
persons holding property in which a recipient has a legal or	86783
equitable interest;	86784

(2) Obtaining a lien on property pursuant to division (B) of	86785
this section.	86786

(B) A county department of job and family services may bring	86787
a civil action in a court of common pleas against a medicaid	86788
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	86789
~~assistance benefits~~medicaid payments determined by the court to	86790
have been paid incorrectly on behalf of the recipient. All persons	86791
holding property in which the recipient has a legal or equitable	86792
interest may be joined as parties. The court may issue	86793
pre-judgment orders, including injunctive relief or attachment	86794
under Chapter 2715. of the Revised Code, for the preservation of	86795
real or personal property in which the recipient may have a legal	86796
or equitable interest. If the court determines that ~~benefits~~	86797
medicaid payments were ~~paid~~made incorrectly and issues a judgment	86798
to that effect, the county department may obtain a lien upon	86799
property of the recipient in accordance with Chapter 2329. of the	86800
Revised Code.	86801

(C) The county department of job and family services shall	86802
retain fifty per cent of the balance remaining after deduction	86803
from the recovery of the amount required to be returned to the	86804
federal government and shall pay the other fifty per cent of the	86805
balance to the department of ~~job and family services~~medicaid.	86806

(D) Recovery of ~~medical assistance benefits~~medicaid payments	86807
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	86808
be accomplished by reducing the amount of benefits the recipient	86809
is entitled to receive under another government assistance	86810
program.	86811

(E) The remedies provided pursuant to this section do not	86812
affect any other remedies county departments of job and family	86813
services may have to recover benefits incorrectly paid on behalf	86814
of medicaid recipients ~~of medical assistance~~.	86815

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	86816
party" has the same meaning as in section ~~5101.571~~5160.35 of the	86817
Revised Code.	86818

(B) In addition to the authority granted under section	86819
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	86820
~~family services~~medicaid may, to the extent necessary to reimburse	86821
its costs, garnish the wages, salary, or other employment income	86822
of, and withhold amounts from state tax refunds to, any person to	86823
whom both of the following apply:	86824

(1) The person is required by a court or administrative order	86825
to provide coverage of the cost of health care services to a child	86826
eligible for ~~medical assistance under this chapter~~medicaid.	86827

(2) The person has received payment from a third party for	86828
the costs of such services but has not used the payment to	86829
reimburse either the other parent or guardian of the child or the	86830
provider of the services.	86831

(C) Claims for current and past due child support shall take	86832
priority over claims under division (B) of this section.	86833

Sec. 5162.31. Local funds, whether from public or private	86834
sources, expended by a county department of job and family	86835
services for administration of the healthy start component shall	86836
be considered to have been expended by the state for the purpose	86837
of determining the extent to which the state has complied with any	86838
federal requirement that the state provide funds to match federal	86839
financial participation for the medicaid program. This section	86840
does not affect the amount of funds a county is entitled to	86841
receive under sections 5101.16 and 5101.161 of the Revised Code.	86842

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	86843
~~5111.93 of the Revised Code:~~	86844

~~(1) "Political subdivision" means a municipal corporation,~~	86845
~~township, county, school district, or other body corporate and~~	86846
~~politic responsible for governmental activities only in a~~	86847
~~geographical area smaller than that of the state.~~	86848

~~(2) "State agency" means every organized body, office, or~~	86849
~~agency, other than the department of job and family services,~~	86850
~~established by the laws of the state for the exercise of any~~	86851
~~function of state government.~~	86852

~~(B) To the extent permitted by Title XIX of the "Social~~	86853
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	86854
~~and regulations adopted under that title, the~~The department of	86855
~~job and family services~~medicaid may enter into contracts with	86856
political subdivisions to use funds of the political subdivision	86857
to pay the nonfederal share of expenditures under the medicaid	86858
program. The determination and provision of federal financial	86859
~~reimbursement~~participation to a subdivision entering into a	86860
contract under this section shall be determined by the department,	86861
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	86862
~~by the United States secretary of health and human services, and~~	86863
~~the availability of federal financial participation~~.	86864

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	86865
~~services~~medicaid may enter into contracts with one or more other	86866
state agencies or political subdivisions to have the state agency	86867
or political subdivision administer one or more components of the	86868
medicaid program, or one or more aspects of a component, under the	86869
department's supervision. A state agency or political subdivision	86870
that enters into such a contract shall comply with the terms of	86871
the contract and any rules the medicaid director ~~of job and family~~	86872
~~services~~ has adopted governing the component, or aspect of the	86873
component, that the state agency or political subdivision is to	86874
administer, including any rules establishing review, audit, and	86875
corrective action plan requirements. A contract with a state	86876
agency shall be in the form of an interagency agreement.	86877

A state agency or political subdivision that enters into a	86878
contract with the department under this section shall reimburse	86879
the department for the nonfederal share of the cost to the	86880
department of performing, or contracting for the performance of, a	86881
fiscal audit of the component of the medicaid program, or aspect	86882
of the component, that the state agency or political subdivision	86883
administers if rules governing the component, or aspect of the	86884
component, require that a fiscal audit be conducted.	86885

~~There is hereby created in the state treasury the medicaid~~	86886
~~administrative reimbursement fund. The department shall use money~~	86887
~~in the fund to pay for the nonfederal share of the cost of a~~	86888
~~fiscal audit for which a state agency or political subdivision is~~	86889
~~required by this section to reimburse the department. The~~	86890
~~department shall deposit the reimbursements into the fund.~~	86891

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	86892
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	86893
~~means the board of education of a city, local, or exempted village~~	86894
~~school district, the governing authority of a community school~~	86895
~~established under Chapter 3314. of the Revised Code, the state~~	86896
~~school for the deaf, and the state school for the blind to which~~	86897
~~both of the following apply:~~	86898

~~(1) It holds a valid medicaid provider agreement.~~

86899

~~(2) It meets all other conditions for participation in the~~	86900
~~medicaid school component of the medicaid program established in~~	86901
~~rules adopted under section 5111.715 of the Revised Code.~~	86902

(B) The medicaid director ~~of job and family services~~ shall	86903
~~submit a state medicaid plan amendment to the United States~~	86904
~~secretary of health and human services for the purpose of creating~~	86905
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	86906
5162.364 of the Revised Code, the medicaid school component of the	86907
medicaid program. ~~The director shall create the medicaid school~~	86908
~~component on receipt of the United States secretary's approval of~~	86909
~~the amendment.~~	86910

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	86911
participating in the medicaid school component of the medicaid	86912
program may submit a claim to the department of ~~job and family~~	86913
~~services~~medicaid for federal financial participation for	86914
providing, in schools, services covered by the medicaid school	86915
component to medicaid recipients who are eligible for the	86916
services. No qualified medicaid school provider may submit such a	86917
claim before the provider incurs the cost of providing the	86918
service.	86919

The claim shall include certification of the qualified	86920
medicaid school provider's expenditures for the service. The	86921
certification shall show that the money the qualified medicaid	86922
school provider used for the expenditures was nonfederal money the	86923
provider may legally use for providing the service and that the	86924
amount of the expenditures was sufficient to pay the full cost of	86925
the service.	86926

Except as otherwise provided in sections ~~5111.71~~5162.36 to	86927
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	86928
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	86929
the Revised Code, a qualified medicaid school provider is subject	86930
to all conditions of participation in the medicaid program that	86931
generally apply to providers of goods and services under the	86932
medicaid program, including conditions regarding audits and	86933
recovery of overpayments.	86934

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	86935
~~services~~medicaid shall seek federal financial participation for	86936
each claim a qualified medicaid school provider properly submits	86937
to the department under section ~~5111.711~~5162.361 of the Revised	86938
Code. The department shall disburse the federal financial	86939
participation the department receives from the federal government	86940
for such a claim to the qualified medicaid school provider that	86941
submitted the claim. The department may not pay the qualified	86942
medicaid school provider the nonfederal share of the cost of the	86943
services for which the claim was submitted.	86944

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	86945
~~services~~medicaid shall enter into an interagency agreement with	86946
the department of education under section ~~5111.91~~5162.35 of the	86947
Revised Code that provides for the department of education to	86948
administer the medicaid school component of the medicaid program	86949
other than the aspects of the component that sections ~~5111.71~~	86950
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	86951
department of ~~job and family services~~medicaid to administer. The	86952
interagency agreement may include a provision that provides for	86953
the department of education to pay to the department of ~~job and~~	86954
~~family services~~medicaid the nonfederal share of a portion of the	86955
administrative expenses the department of ~~job and family services~~	86956
medicaid incurs in administering the aspects of the component that	86957
the department of ~~job and family services~~medicaid administers.	86958

~~The~~To the extent authorized by rules authorized by section	86959
5162.021 of the Revised Code, the department of education shall	86960
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	86961
the Revised Code, a process by which qualified medicaid school	86962
providers participating in the medicaid school component pay to	86963
the department of education the nonfederal share of the	86964
department's expenses incurred in administering the component. The	86965
rules shall be adopted in accordance with Chapter 119. of the	86966
Revised Code.	86967

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	86968
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	86969
5162.02 of the Revised Code as necessary to implement the medicaid	86970
school component of the medicaid program, including rules that	86971
establish or specify all of the following:	86972

(A) Conditions a board of education of a city, local, or	86973
exempted school district, governing authority of a community	86974
school established under Chapter 3314. of the Revised Code, the	86975
state school for the deaf, and the state school for the blind must	86976
meet to participate in the component;	86977

(B) Services the component covers;

86978

(C) ~~Reimbursement~~Payment rates for the services the	86979
component covers.	86980

The rules shall be adopted in accordance with Chapter 119. of	86981
the Revised Code.	86982

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	86983
~~family services~~medicaid enters into with the department of ~~mental~~	86984
~~health or department of alcohol and drug addiction services~~mental	86985
health and addiction services under section ~~5111.91~~5162.35 of the	86986
Revised Code is subject to the approval of the director of budget	86987
and management and shall require or specify all of the following:	86988

(A) ~~In the case of a contract with the department of mental~~	86989
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	86990
be complied with;	86991

(B) ~~In the case of a contract with the department of alcohol~~	86992
~~and drug addiction services, that section 5111.913 of the Revised~~	86993
~~Code be complied with;~~	86994

~~(C)~~ How providers will be paid for providing the services;

86995

~~(D)~~(C) The ~~department of mental health's or department of~~	86996
~~alcohol and drug addiction services'~~ responsibilities of the	86997
department of mental health and addiction services with regard to	86998
providers, including program oversight and quality assurance.	86999

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	87000
~~services~~medicaid enters into a contract with the department of	87001
~~mental health~~mental health and addiction services under section	87002
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	87003
~~family services~~medicaid shall pay the nonfederal share of any	87004
medicaid payment to a provider for services under the component,	87005
or aspect of the component, the department of ~~mental health~~mental	87006
health and addiction services administers. ~~If necessary, the~~	87007
~~director of job and family services shall submit a medicaid state~~	87008
~~plan amendment to the United States secretary of health and human~~	87009
~~services regarding the department of job and family services' duty~~	87010
~~under this section.~~	87011

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	87012
(B) of this section, if a state agency or political subdivision	87013
administers one or more components of the medicaid program that	87014
the United States department of health and human services	87015
approved, and for which federal financial participation was	87016
initially obtained, prior to January 1, 2002, or administers one	87017
or more aspects of such a component, the department of ~~job and~~	87018
~~family services~~medicaid may retain or collect not more than ten	87019
per cent of the federal financial participation the state agency	87020
or political subdivision obtains through an approved,	87021
administrative claim regarding the component or aspect of the	87022
component. If the department retains or collects a percentage of	87023
such federal financial participation, the percentage the	87024
department retains or collects shall be specified in a contract	87025
the department enters into with the state agency or political	87026
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	87027

(2) Except as provided in division (B) of this section, if a	87028
state agency or political subdivision administers one or more	87029
components of the medicaid program that the United States	87030
department of health and human services approved on or after	87031
January 1, 2002, or administers one or more aspects of such a	87032
component, the department of ~~job and family services~~medicaid	87033
shall retain or collect not less than three and not more than ten	87034
per cent of the federal financial participation the state agency	87035
or political subdivision obtains through an approved,	87036
administrative claim regarding the component or aspect of the	87037
component. The percentage the department retains or collects shall	87038
be specified in a contract the department enters into with the	87039
state agency or political subdivision under section ~~5111.91~~	87040
5162.35 of the Revised Code.	87041

(B) ~~The department of job and family services may retain or~~	87042
~~collect a percentage of federal financial participation under~~	87043
~~divisions (A)(1) and (2) of this section only to the extent~~	87044
~~permitted by federal statutes and regulations.~~	87045

~~(C)~~ All amounts the department retains or collects under this	87046
section shall be deposited into the health care services	87047
administration fund created under section ~~5111.94~~5162.54 of the	87048
Revised Code.	87049

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	87050
~~services~~medicaid may retain or collect a percentage of the	87051
federal financial participation included in a supplemental	87052
medicaid payment to one or more medicaid providers owned or	87053
operated by a state agency or political subdivision that brings	87054
the payment to such provider or providers to the upper payment	87055
limit established by 42 C.F.R. 447.272. If the department retains	87056
or collects a percentage of that federal financial participation,	87057
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	87058
~~119.~~section 5162.02 of the Revised Code specifying the percentage	87059
the department is to retain or collect. All amounts the department	87060
retains or collects under this section shall be deposited into the	87061
health care services administration fund created under section	87062
~~5111.94~~5162.54 of the Revised Code.	87063

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	87064
hereby created in the state treasury. All of the following shall	87065
be credited to the fund:	87066

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	87067
Revised Code requires be credited to the fund;	87068

(2) The federal share of all rebates paid by drug	87069
manufacturers to the department of ~~job and family services~~	87070
medicaid in accordance with a rebate agreement required by the	87071
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	87072

(3) The federal share of all supplemental rebates paid by	87073
drug manufacturers to the department of ~~job and family services~~	87074
medicaid in accordance with the supplemental drug rebate program	87075
established under section ~~5111.081~~5164.755 of the Revised Code;	87076

(4) Except as otherwise provided by statute or as authorized	87077
by the controlling board, the federal share of all other	87078
medicaid-related revenues, collections, and recoveries.	87079

(B) All money credited to the health care - federal fund	87080
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	87081
Code shall be used solely for distributing funds to hospitals	87082
under section ~~5112.08~~5168.09 of the Revised Code. The department	87083
of ~~job and family services~~medicaid shall use all other money	87084
credited to the fund to pay for other medicaid services and	87085
contracts.	87086

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	87087
and recoveries fund is hereby created in the state treasury. All	87088
of the following shall be credited to the fund:	87089

(1) Except as otherwise provided by statute or as authorized	87090
by the controlling board, the nonfederal share of all	87091
medicaid-related revenues, collections, and recoveries;	87092

(2) Federal reimbursement received for payment adjustments	87093
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	87094
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	87095
under the medicaid program to state mental health hospitals	87096
maintained and operated by the department of ~~mental health~~mental	87097
health and addiction services under division (A) of section	87098
~~5119.02~~5119.14 of the Revised Code;	87099

(3) Revenues the department of ~~job and family services~~	87100
medicaid receives from another state agency for medicaid services	87101
pursuant to an interagency agreement, other than such revenues	87102
required to be deposited into the health care services	87103
administration fund created under section ~~5111.94~~5162.54 of the	87104
Revised Code;	87105

(4) The first seven hundred fifty thousand dollars the	87106
department receives in a fiscal year for performing eligibility	87107
verification services necessary for compliance with the	87108
independent, certified audit requirement of 42 C.F.R. 455.304;	87109

(5) The nonfederal share of all rebates paid by drug	87110
manufacturers to the department of medicaid in accordance with a	87111
rebate agreement required by the "Social Security Act," section	87112
1927, 42 U.S.C. 1396r-8;	87113

(6) The nonfederal share of all supplemental rebates paid by	87114
drug manufacturers to the department of medicaid in accordance	87115
with the supplemental drug rebate program established under	87116
section 5164.755 of the Revised Code.	87117

(B) The department of ~~job and family services~~medicaid shall	87118
use money credited to the health care/medicaid support and	87119
recoveries fund to pay for medicaid services and contracts.	87120

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	87121
~~offset" means a reduction of a medicaid payment to a medicaid~~	87122
~~provider to correct a previous, incorrect medicaid payment to that~~	87123
~~provider.~~	87124

~~(B)~~ There is hereby created in the state treasury the health	87125
care services administration fund. Except as provided in division	87126
(C) of this section, all the following shall be deposited into the	87127
fund:	87128

(1) Amounts deposited into the fund pursuant to sections	87129
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	87130

(2) The amount of the state share of all money the department	87131
of ~~job and family services, in fiscal year 2003 and each fiscal~~	87132
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	87133
tort action under the department's right of recovery under section	87134
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	87135
of all money the department, in fiscal year 2002, recovers	87136
pursuant to a tort action under that right of recovery;	87137

(3) Subject to division ~~(D)~~(B) of this section, the amount of	87138
the state share of all money the department of ~~job and family~~	87139
~~services~~medicaid, in fiscal year 2003 and each fiscal year	87140
thereafter, recovers through audits of medicaid providers that	87141
exceeds the state share of all money the department, in fiscal	87142
year 2002, recovers through such audits;	87143

(4) Amounts from assessments on hospitals under section	87144
~~5112.06~~5168.06 of the Revised Code and intergovernmental	87145
transfers by governmental hospitals under section ~~5112.07~~5168.07	87146
of the Revised Code that are deposited into the fund in accordance	87147
with the law;	87148

(5) Amounts that the department of education pays to the	87149
department of ~~job and family services~~medicaid, if any, pursuant	87150
to an interagency agreement ~~entered into under~~authorized by	87151
section ~~5111.713~~5162.363 of the Revised Code;	87152

(6) The application fees charged to providers under section	87153
~~5111.063~~5164.31 of the Revised Code;	87154

(7) The fines collected under section ~~5111.271~~5165.1010 of	87155
the Revised Code;	87156

(8) Money the department receives in a fiscal year for	87157
performing eligibility verification services necessary for	87158
compliance with the independent, certified audit requirement of 42	87159
C.F.R. 455.304, other than the amounts of such money that are to	87160
be credited to the health care/medicaid support and recoveries	87161
fund under section 5162.52 of the Revised Code.	87162

~~(C) No funds shall be deposited into the health care services~~	87163
~~administration fund in violation of federal statutes or~~	87164
~~regulations.~~	87165

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	87166
section the amount of money the department, in a fiscal year,	87167
recovers through audits of medicaid providers, the amount	87168
recovered in the form of vendor offset shall be excluded.	87169

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	87170
medicaid shall use funds available in the health care services	87171
administration fund to pay for costs associated with the	87172
administration of the medicaid program.	87173

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	87174
the health care special activities fund. The department of ~~job and~~	87175
~~family services~~medicaid shall deposit all funds it receives	87176
pursuant to the administration of the medicaid program into the	87177
fund, other than any such funds that are required by law to be	87178
deposited into another fund. The department shall use the money in	87179
the fund to pay for expenses related to the services provided	87180
under, and the administration of, the medicaid program.	87181

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

87182

~~"Dual eligible individual" has the same meaning as in section~~	87183
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	87184
~~42 U.S.C. 1396n(h)(2)(B).~~	87185

~~"Dual eligible integrated care demonstration project" means~~	87186
~~the demonstration project authorized by section 5111.981 of the~~	87187
~~Revised Code.~~	87188

~~"Medicare program" means the program created under Title~~	87189
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	87190
~~1395, as amended.~~	87191

~~(B)~~ There is created in the state treasury the integrated	87192
care delivery systems fund. If the terms of the federal approval	87193
for the dual eligible integrated care demonstration project	87194
authorized by section 5164.91 of the Revised Code provide for the	87195
state to receive a portion of the amounts that the demonstration	87196
project saves the medicare program, such amounts shall be	87197
deposited into the fund. The department of ~~job and family services~~	87198
medicaid shall use the money in the fund to further develop	87199
integrated delivery systems and improved care coordination for	87200
dual eligible individuals.	87201

Sec. 5162.60. (A) There is hereby created in the state	87202
treasury the managed care performance payment fund. The fund shall	87203
consist of all of the following:	87204

(1) Amounts transferred to it by the director of budget and	87205
management for the purpose of the managed care performance payment	87206
program established under section 5167.30 of the Revised Code;	87207

(2) All fines imposed on and collected from medicaid managed	87208
care organizations for failure to meet performance standards or	87209
other requirements specified in provider agreements or rules	87210
adopted under section 5167.02 of the Revised Code;	87211

(3) All investment earnings of the fund.

87212

(B) Amounts in the fund may be used for the following:

87213

(1) To make performance payments to medicaid managed care	87214
organizations in accordance with section 5167.30 of the Revised	87215
Code;	87216

(2) To meet obligations specified in the provider agreements;

87217

(3) To pay for medicaid services provided by a medicaid	87218
managed care organization;	87219

(4) To reimburse a medicaid managed care organization that	87220
has paid a fine for failure to meet performance standards or other	87221
requirements specified in provider agreements or rules adopted	87222
under section 5167.02 of the Revised Code if that organization	87223
comes into compliance with those standards or requirements.	87224

Sec. 5162.62. There is hereby created in the state treasury	87225
the medicaid administrative reimbursement fund. The department of	87226
medicaid shall use money in the fund to pay for the nonfederal	87227
share of the cost of a fiscal audit for which a state agency or	87228
political subdivision is required by section 5162.35 of the	87229
Revised Code to reimburse the department. The department shall	87230
deposit the reimbursements into the fund.	87231

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	87232
state treasury the medicaid school program administrative fund.	87233

(B) Both of the following shall be deposited into the	87234
medicaid school program administrative fund:	87235

(1) The federal funds the department of education receives	87236
for the expenses the department incurs in administering the	87237
medicaid school component of the medicaid program created under	87238
section 5162.36 of the Revised Code;	87239

(2) The money the department collects from qualified medicaid	87240
school providers in the process established in rules ~~adopted under~~	87241
authorized by section ~~5111.713~~5162.363 of the Revised Code.	87242

(C) ~~No funds shall be deposited into the medicaid school~~	87243
~~program administrative fund in violation of federal statutes or~~	87244
~~regulations.~~	87245

~~(D)~~ The department of education shall use money in the	87246
medicaid school program administrative fund for both of the	87247
following purposes:	87248

(1) Paying for the expenses the department incurs in	87249
administering the medicaid school component of the medicaid	87250
program;	87251

(2) Paying a qualified medicaid school provider a refund for	87252
any overpayment the provider makes to the department under the	87253
process established in rules ~~adopted under~~authorized by section	87254
~~5111.713~~5162.363 of the Revised Code if the process results in an	87255
overpayment.	87256

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	87257
"deficiency" has the same meaning as in section 5165.60 of the	87258
Revised Code.	87259

The proceeds of all fines, including interest, collected	87260
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	87261
Code shall be deposited in the state treasury to the credit of the	87262
residents protection fund, which is hereby created. The proceeds	87263
of all fines, including interest, collected under section 173.42	87264
of the Revised Code shall be deposited in the state treasury to	87265
the credit of the residents protection fund.	87266

Money in the fund shall be used for the protection of the	87267
health or property of residents of nursing facilities in which the	87268
department of health finds deficiencies, including payment for the	87269
costs of relocation of residents to other facilities, maintenance	87270
of operation of a facility pending correction of deficiencies or	87271
closure, and reimbursement of residents for the loss of money	87272
managed by the facility under section 3721.15 of the Revised Code.	87273
Money in the fund may also be used to make payments under section	87274
~~5111.511~~5165.78 of the Revised Code.	87275

The fund shall be maintained and administered by the	87276
department of ~~job and family services~~medicaid under rules	87277
developed in consultation with the departments of health and aging	87278
and adopted ~~by the director of job and family services~~ under	87279
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	87280
be adopted in accordance with Chapter 119. of the Revised Code.	87281

Sec. 5163.01. As used in this chapter:

87282

"Federal financial participation" has the same meaning as in	87283
section 5160.01 of the Revised Code.	87284

"Healthy start component" has the same meaning as in section	87285
5162.01 of the Revised Code.	87286

"Intermediate care facility for the mentally retarded" and	87287
"ICF/MR" have the same meanings as in section 5124.01 of the	87288
Revised Code.	87289

"Mandatory eligibility groups" means the groups of	87290
individuals that must be covered by the medicaid state plan as a	87291
condition of the state receiving federal financial participation	87292
for the medicaid program.	87293

"Medicaid services" has the same meaning as in section	87294
5164.01 of the Revised Code.	87295

"Nursing facility" and "nursing facility services" have the	87296
same meanings as in section 5165.01 of the Revised Code.	87297

"Optional eligibility groups" means the groups of individuals	87298
who may be covered by the medicaid state plan or a federal	87299
medicaid waiver and for whom the medicaid program receives federal	87300
financial participation.	87301

"Other medicaid-funded long-term care services" has the	87302
meaning specified in rules adopted under section 5163.02 of the	87303
Revised Code.	87304

"Supplemental security income program" means the program	87305
established by Title XVI of the "Social Security Act," 42 U.S.C.	87306
1381 et seq.	87307

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	87308
~~family services~~ shall adopt rules ~~establishing~~as necessary to	87309
implement this chapter. The rules shall establish eligibility	87310
requirements for the medicaid program. The rules may establish	87311
requirements for applying for medicaid and determining and	87312
verifying eligibility for medicaid. The rules shall be adopted	87313
~~pursuant to~~in accordance with section 111.15 of the Revised Code	87314
~~and shall be consistent with federal and state law~~. ~~The rules~~	87315
~~shall include rules that do all of the following:~~	87316

(~~1) Establish standards consistent with federal law for~~	87317
~~allocating income and resources as income and resources of the~~	87318
~~spouse, children, parents, or stepparents of a recipient of or~~	87319
~~applicant for medicaid;~~	87320

~~(2) Define the term "resources" as used in division (A)(1) of~~	87321
~~this section;~~	87322

~~(3) Specify the number of months that is to be used for the~~	87323
~~purpose of the term "look-back date" used in section 5111.0116 of~~	87324
~~the Revised Code;~~	87325

~~(4) Establish processes to be used to determine both of the~~	87326
~~following:~~	87327

~~(a) The date an institutionalized individual's ineligibility~~	87328
~~for services under section 5111.0116 of the Revised Code is to~~	87329
~~begin;~~	87330

~~(b) The number of months an institutionalized individual's~~	87331
~~ineligibility for such services is to continue.~~	87332

~~(5) For the purpose of division (C) of section 5111.0116 of~~	87333
~~the Revised Code, establish procedures for granting waivers of all~~	87334
~~or a portion of the period of ineligibility that an~~	87335
~~institutionalized individual would otherwise be subject to under~~	87336
~~that section and additional reasons for which such waivers may be~~	87337
~~granted;~~	87338

~~(6) Define the term "other medicaid-funded long-term care~~	87339
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	87340
~~Revised Code;~~	87341

~~(7) For the purpose of division (C)(2)(c) of section~~	87342
~~5111.0117 of the Revised Code, establish the process to determine~~	87343
~~whether the child of an aged, blind, or disabled individual is~~	87344
~~financially dependent on the individual for housing.~~	87345

~~(B)~~ Notwithstanding any provision of state law, including	87346
statutes, administrative rules, common law, and court rules,	87347
regarding real or personal property or domestic relations, the	87348
standards established under rules adopted under ~~division (A)(1) of~~	87349
this section shall be used to determine eligibility for medicaid.	87350

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	87351
the Revised Code, the medicaid program shall cover all mandatory	87352
eligibility groups.	87353

(B) The medicaid program shall cover all of the optional	87354
eligibility groups that state statutes require the medicaid	87355
program to cover.	87356

(C) The medicaid program may cover any of the optional	87357
eligibility groups to which either of the following applies:	87358

(1) State statutes expressly permit the medicaid program to	87359
cover the optional eligibility group.	87360

(2) State statutes do not address whether the medicaid	87361
program may cover the optional eligibility group.	87362

(D) The medicaid program shall not cover any eligibility	87363
group that state statutes prohibit the medicaid program from	87364
covering.	87365

Sec. 5163.04. The medicaid program shall not cover the group	87366
described in the "Social Security Act," section	87367
1902(a)(10)(A)(i)(VIII), 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).	87368

Sec. 5163.05. The medicaid program's eligibility	87369
requirements for aged, blind, and disabled individuals may be more	87370
restrictive than the eligibility requirements for the supplemental	87371
security income program. Any such more restrictive eligibility	87372
requirements shall be consistent with the 209(b) option described	87373
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	87374

Sec. 5163.06. Beginning January 1, 2014, the medicaid	87375
director may alter the eligibility requirements for, and terminate	87376
the medicaid program's coverage of, one or more optional	87377
eligibility groups or subgroups, including the following:	87378

(A) Children placed with adoptive parents who may be covered	87379
by medicaid pursuant to the "Social Security Act," section	87380
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	87381

(B) Low income women and children who may be covered by	87382
medicaid pursuant to the "Social Security Act," section	87383
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	87384

(C) Employed individuals with disabilities who may be covered	87385
by medicaid pursuant to the "Social Security Act," section	87386
1902(a)(10)(A)(ii)(XV), 42 U.S.C. 1396a(a)(10)(A)(ii)(XV);	87387

(D) Employed individuals with medically improved disabilities	87388
who may be covered by medicaid pursuant to the "Social Security	87389
Act," section 1902(a)(10)(A)(ii)(XVI), 42 U.S.C.	87390
1396a(a)(10)(A)(ii)(XVI);	87391

(E) Independent foster care adolescents who may be covered by	87392
medicaid pursuant to the "Social Security Act," section	87393
1902(a)(10)(A)(ii)(XVII), 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII);	87394

(F) Pregnant women who may be determined presumptively	87395
eligible for medicaid pursuant to the "Social Security Act,"	87396
section 1920, 42 U.S.C. 1396r-1;	87397

(G) Children who may be determined presumptively eligible for	87398
medicaid pursuant to the "Social Security Act," section 1920A, 42	87399
U.S.C. 1396r-1a.	87400

Sec. 5163.061. If the medicaid director alters the	87401
eligibility requirements for, or terminates the medicaid program's	87402
coverage of, an optional eligibility group or subgroup pursuant to	87403
section 5163.06 of the Revised Code, all of the following apply:	87404

(A) In the case of an optional eligibility group or subgroup	87405
for which the eligibility requirements are altered:	87406

(1) No individual enrolled, before the effective date of the	87407
altered eligibility requirements, in medicaid as part of the group	87408
or subgroup shall remain enrolled in medicaid on and after that	87409
effective date unless the individual meets the altered eligibility	87410
requirements for the group or subgroup or meets the eligibility	87411
requirements for another eligibility group or subgroup.	87412

(2) Beginning on the effective date of the altered	87413
eligibility requirements, no individual may enroll in medicaid as	87414
part of the group or subgroup unless the individual meets the	87415
altered eligibility requirements for the group or subgroup or	87416
meets the eligibility requirements for another eligibility group	87417
or subgroup.	87418

(B) In the case of an optional eligibility group or subgroup	87419
whose medicaid coverage is terminated:	87420

(1) No individual enrolled, before the effective date of the	87421
termination, in medicaid as part of the group or subgroup shall	87422
remain enrolled in medicaid on and after that effective date	87423
unless the individual meets the eligibility requirements for	87424
another eligibility group or subgroup.	87425

(2) Beginning on the effective date of the termination, no	87426
individual may enroll in medicaid as part of the group or subgroup	87427
but may enroll in medicaid as part of another group or subgroup	87428
for which the individual meets the eligibility requirements.	87429

(C) The department of medicaid shall take actions as the	87430
department determines necessary, including requiring actions from	87431
county departments of job and family services, to do both of the	87432
following:	87433

(1) Inform medicaid recipients about the altered eligibility	87434
requirements or termination of the medicaid program's coverage of	87435
the group or subgroup;	87436

(2) In the case of medicaid recipients who will cease to be	87437
eligible for medicaid as part of the group or subgroup because of	87438
the altered eligibility requirements or termination of the group's	87439
or subgroup's coverage, offer to assist the recipients with the	87440
following:	87441

(a) To continue to be enrolled in medicaid as part of another	87442
eligibility group or subgroup for which they meet the eligibility	87443
requirements;	87444

(b) Transition to other health coverage options available to	87445
them.	87446

(D) Regarding appeals authorized by section 5160.31 of the	87447
Revised Code:	87448

(1) No individual may appeal a denial of medicaid eligibility	87449
as part of a group or subgroup whose medicaid coverage is	87450
terminated if the denial is for medicaid eligibility that would	87451
begin or continue on or after the effective date of the	87452
termination.	87453

(2) An individual may initiate or continue, on or after the	87454
effective date of the termination, an appeal concerning the	87455
individual's eligibility for medicaid as part of the group or	87456
subgroup if the decision being appealed concerns the individual's	87457
eligibility for medicaid as part of the group or subgroup before	87458
the effective date of the termination.	87459

(3) An appeal initiated or continued pursuant to division	87460
(D)(2) of this section may not result in the appellant being	87461
enrolled, or continuing to be enrolled, in medicaid as part of the	87462
group or subgroup on or after the effective date of the	87463
termination.	87464

(E) The altered eligibility requirements or termination of	87465
the medicaid program's coverage of the group or subgroup has no	87466
effect on either of the following:	87467

(1) An automatic right of recovery given under section	87468
5160.37 of the Revised Code;	87469

(2) An automatic assignment of rights under section 5160.38	87470
of the Revised Code.	87471

(F) All rules, standards, guidelines, or orders regarding the	87472
group or subgroup issued by the medicaid director before the	87473
effective date of the altered eligibility requirements or	87474
termination of the medicaid program's coverage of the group or	87475
subgroup shall be used for the purpose of determining the state's	87476
legal obligations for claims related to the group or subgroup that	87477
arise from any of the following:	87478

(1) Eligibility determinations regarding enrollment in	87479
medicaid before that effective date;	87480

(2) Claims for payment for medicaid services provided before	87481
that effective date;	87482

(3) Recoveries of erroneous medicaid payments.

87483

Sec. 5163.07. (A) As used in this section, "actual income"	87484
means the amount of an individual's income before any disregarded	87485
amounts or other deductions are applied pursuant to an income	87486
eligibility methodology.	87487

(B) In transitioning to the use of modified adjusted gross	87488
income and household income methodologies to determine an	87489
individual's income eligibility for the medicaid program pursuant	87490
to the "Social Security Act," section 1902(e)(14), 42 U.S.C.	87491
1396a(e)(14), and except as provided in division (C) of this	87492
section, the medicaid director shall provide for both of the	87493
following to qualify for the medicaid program:	87494

(1) All individuals who would qualify for medicaid pursuant	87495
to former section 5111.0110 or 5111.0120 of the Revised Code using	87496
the applicable income eligibility methodology in effect on the day	87497
immediately preceding the effective date of this section;	87498

(2) All individuals who would qualify for medicaid pursuant	87499
to the optional eligibility group specified in the "Social	87500
Security Act," section 1902(a)(a)(10)(A)(ii)(XXI), 42 U.S.C.	87501
1396a(a)(10)(A)(ii)(XXI), using the applicable income eligibility	87502
methodology in effect on the day immediately preceding the	87503
effective date of this section.	87504

(C) An individual whose actual income exceeds one hundred	87505
thirty-eight per cent of the federal poverty line may not qualify	87506
for medicaid pursuant to division (B) of this section.	87507

Sec. 5163.08. The medicaid director shall implement the	87508
option authorized by the "Social Security Act," section	87509
1925(a)(5), 42 U.S.C. 1396r-6(a)(5), regarding the single	87510
twelve-month eligibility period for transitional medicaid.	87511

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	87512
~~assistance~~ is the beneficiary of a trust created pursuant to	87513
section 5815.28 of the Revised Code, then, notwithstanding any	87514
contrary provision of this chapter or of a rule adopted ~~pursuant~~	87515
~~to this chapter~~under section 5163.02 of the Revised Code,	87516
divisions (C) and (D) of that section shall apply in determining	87517
the assets or resources of the recipient, the recipient's estate,	87518
the settlor, or the settlor's estate and to claims arising under	87519
this chapter against the recipient, the recipient's estate, the	87520
settlor, or the settlor's estate.	87521

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	87522
either of the following:	87523

(a) Initial eligibility determinations for the medicaid	87524
program ~~made by the department of job and family services pursuant~~	87525
~~to section 5101.47 of the Revised Code or by a county department~~	87526
~~of job and family services pursuant to section 5111.012 of the~~	87527
~~Revised Code~~;	87528

(b) An appeal from aan initial eligibility determination	87529
~~described in division (A)(1)(a) of this section~~ pursuant to	87530
section ~~5101.35~~5160.31 of the Revised Code.	87531

(2)(a) Except as provided in division (A)(2)(b) of this	87532
section, this section shall not be used by a court to determine	87533
the effect of a trust on an individual's initial eligibility for	87534
the medicaid program.	87535

(b) The prohibition in division (A)(2)(a) of this section	87536
does not apply to an appeal described in division (A)(1)(b) of	87537
this section.	87538

(B) As used in this section:

87539

(1) "Trust" means any arrangement in which a grantor	87540
transfers real or personal property to a trust with the intention	87541
that it be held, managed, or administered by at least one trustee	87542
for the benefit of the grantor or beneficiaries. "Trust" includes	87543
any legal instrument or device similar to a trust.	87544

(2) "Legal instrument or device similar to a trust" includes,	87545
but is not limited to, escrow accounts, investment accounts,	87546
partnerships, contracts, and other similar arrangements that are	87547
not called trusts under state law but are similar to a trust and	87548
to which all of the following apply:	87549

(a) The property in the trust is held, managed, retained, or	87550
administered by a trustee.	87551

(b) The trustee has an equitable, legal, or fiduciary duty to	87552
hold, manage, retain, or administer the property for the benefit	87553
of the beneficiary.	87554

(c) The trustee holds identifiable property for the	87555
beneficiary.	87556

(3) "Grantor" is a person who creates a trust, including all	87557
of the following:	87558

(a) An individual;

87559

(b) An individual's spouse;

87560

(c) A person, including a court or administrative body, with	87561
legal authority to act in place of or on behalf of an individual	87562
or an individual's spouse;	87563

(d) A person, including a court or administrative body, that	87564
acts at the direction or on request of an individual or the	87565
individual's spouse.	87566

(4) "Beneficiary" is a person or persons, including a	87567
grantor, who benefits in some way from a trust.	87568

(5) "Trustee" is a person who manages a trust's principal and	87569
income for the benefit of the beneficiaries.	87570

(6) "Person" has the same meaning as in section 1.59 of the	87571
Revised Code and includes an individual, corporation, business	87572
trust, estate, trust, partnership, and association.	87573

(7) "Applicant" is an individual who applies for medicaid or	87574
the individual's spouse.	87575

(8) "Recipient" is an individual who receives medicaid or the	87576
individual's spouse.	87577

(9) "Revocable trust" is a trust that can be revoked by the	87578
grantor or the beneficiary, including all of the following, even	87579
if the terms of the trust state that it is irrevocable:	87580

(a) A trust that provides that the trust can be terminated	87581
only by a court;	87582

(b) A trust that terminates on the happening of an event, but	87583
only if the event occurs at the direction or control of the	87584
grantor, beneficiary, or trustee.	87585

(10) "Irrevocable trust" is a trust that cannot be revoked by	87586
the grantor or terminated by a court and that terminates only on	87587
the occurrence of an event outside of the control or direction of	87588
the beneficiary or grantor.	87589

(11) "Payment" is any disbursal from the principal or income	87590
of the trust, including actual cash, noncash or property	87591
disbursements, or the right to use and occupy real property.	87592

(12) "Payments to or for the benefit of the applicant or	87593
recipient" is a payment to any person resulting in a direct or	87594
indirect benefit to the applicant or recipient.	87595

(13) "Testamentary trust" is a trust that is established by a	87596
will and does not take effect until after the death of the person	87597
who created the trust.	87598

(C)(1) If an applicant or recipient is a beneficiary of a	87599
trust, the applicant or recipient shall submit a complete copy of	87600
the trust instrument to the county department of job and family	87601
services and the department of medicaid. A copy shall be	87602
considered complete if it contains all pages of the trust	87603
instrument and all schedules, attachments, and accounting	87604
statements referenced in or associated with the trust. The copy is	87605
confidential and is not subject to disclosure under section 149.43	87606
of the Revised Code.	87607

(2) On receipt of a copy of a trust instrument or otherwise	87608
determining that an applicant or recipient is a beneficiary of a	87609
trust, the county department of job and family services shall	87610
determine what type of trust it is and shall treat the trust in	87611
accordance with the appropriate provisions of this section and	87612
rules adopted ~~by the department of job and family services~~under	87613
section 5163.02 of the Revised Code governing trusts. The county	87614
department of job and family services may determine that any of	87615
the following is the case regarding the trust or portion of the	87616
trust:	87617

(a) IsIt is a resource available to the applicant or	87618
recipient;	87619

(b) ~~Contains~~It contains income available to the applicant or	87620
recipient;	87621

(c) ~~Constitutes both items described in divisions~~Divisions	87622
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	87623

(d) ~~Is neither an item described in~~Neither division	87624
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	87625

~~(2)~~(3) Except as provided in division (F) of this section, a	87626
trust or portion of a trust that is a resource available to the	87627
applicant or recipient or contains income available to the	87628
applicant or recipient shall be counted for purposes of	87629
determining medicaid eligibility.	87630

(D)(1) A trust or legal instrument or device similar to a	87631
trust shall be considered a medicaid qualifying trust if all of	87632
the following apply:	87633

(a) The trust was established on or prior to August 10, 1993.

87634

(b) The trust was not established by a will.

87635

87636

(d) The applicant or recipient is or may become the	87637
beneficiary of all or part of the trust.	87638

(e) Payment from the trust is determined by one or more	87639
trustees who are permitted to exercise any discretion with respect	87640
to the distribution to the applicant or recipient.	87641

(2) If a trust meets the requirement of division (D)(1) of	87642
this section, the amount of the trust that is considered by the	87643
county department of job and family services to be a resource	87644
available to the applicant or recipient shall be the maximum	87645
amount of payments permitted under the terms of the trust to be	87646
distributed to the applicant or recipient, assuming the full	87647
exercise of discretion by the trustee or trustees. The maximum	87648
amount shall include only amounts that are permitted to be	87649
distributed but are not distributed from either the income or	87650
principal of the trust.	87651

(3) Amounts that are actually distributed from a medicaid	87652
qualifying trust to a beneficiary for any purpose shall be treated	87653
in accordance with rules adopted ~~by the department of job and~~	87654
~~family services~~under section 5163.02 of the Revised Code	87655
governing income.	87656

(4) Availability of a medicaid qualifying trust shall be	87657
considered without regard to any of the following:	87658

(a) Whether or not the trust is irrevocable or was	87659
established for purposes other than to enable a grantor to qualify	87660
for medicaid~~, medical assistance for covered families and~~	87661
~~children, or as a qualified medicare beneficiary, specified~~	87662
~~low-income medicare beneficiary, qualifying individual-1, or~~	87663
~~qualifying individual-2~~;	87664

(b) Whether or not the trustee actually exercises discretion.

87665

(5) If any real or personal property is transferred to a	87666
medicaid qualifying trust that is not distributable to the	87667
applicant or recipient, the transfer shall be considered an	87668
improper disposition of assets and shall be subject to section	87669
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	87670
section adopted under section ~~5111.011~~5163.02 of the Revised	87671
Code.	87672

(6) The baseline date for the look-back period for	87673
disposition of assets involving a medicaid qualifying trust shall	87674
be the date on which the applicant or recipient is both	87675
institutionalized and first applies for medicaid.	87676

(E)(1) A trust or legal instrument or device similar to a	87677
trust shall be considered a self-settled trust if all of the	87678
following apply:	87679

(a) The trust was established on or after August 11, 1993.

87680

(b) The trust was not established by a will.

87681

(c) The trust was established by an applicant or recipient,	87682
spouse of an applicant or recipient, or a person, including a	87683
court or administrative body, with legal authority to act in place	87684
of or on behalf of an applicant, recipient, or spouse, or acting	87685
at the direction or on request of an applicant, recipient, or	87686
spouse.	87687

(2) A trust that meets the requirements of division (E)(1) of	87688
this section and is a revocable trust shall be treated by the	87689
county department of job and family services as follows:	87690

(a) The corpus of the trust shall be considered a resource	87691
available to the applicant or recipient.	87692

(b) Payments from the trust to or for the benefit of the	87693
applicant or recipient shall be considered unearned income of the	87694
applicant or recipient.	87695

(c) Any other payments from the trust shall be considered an	87696
improper disposition of assets and shall be subject to section	87697
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	87698
section adopted under section ~~5111.011~~5163.02 of the Revised	87699
Code.	87700

(3) A trust that meets the requirements of division (E)(1) of	87701
this section and is an irrevocable trust shall be treated by the	87702
county department of job and family services as follows:	87703

(a) If there are any circumstances under which payment from	87704
the trust could be made to or for the benefit of the applicant or	87705
recipient, including a payment that can be made only in the	87706
future, the portion from which payments could be made shall be	87707
considered a resource available to the applicant or recipient. The	87708
county department of job and family services shall not take into	87709
account when payments can be made.	87710

(b) Any payment that is actually made to or for the benefit	87711
of the applicant or recipient from either the corpus or income	87712
shall be considered unearned income.	87713

(c) If a payment is made to someone other than to the	87714
applicant or recipient and the payment is not for the benefit of	87715
the applicant or recipient, the payment shall be considered an	87716
improper disposition of assets and shall be subject to section	87717
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	87718
section adopted under section ~~5111.011~~5163.02 of the Revised	87719
Code.	87720

(d) The date of the disposition shall be the later of the	87721
date of establishment of the trust or the date of the occurrence	87722
of the event.	87723

(e) When determining the value of the disposed asset under	87724
this provision, the value of the trust shall be its value on the	87725
date payment to the applicant or recipient was foreclosed.	87726

(f) Any income earned or other resources added subsequent to	87727
the foreclosure date shall be added to the total value of the	87728
trust.	87729

(g) Any payments to or for the benefit of the applicant or	87730
recipient after the foreclosure date but prior to the application	87731
date shall be subtracted from the total value. Any other payments	87732
shall not be subtracted from the value.	87733

(h) Any addition of assets after the foreclosure date shall	87734
be considered a separate disposition.	87735

(4) If a trust is funded with assets of another person or	87736
persons in addition to assets of the applicant or recipient, the	87737
applicable provisions of this section and rules adopted ~~by the~~	87738
~~department of job and family services~~under section 5163.02 of the	87739
Revised Code governing trusts shall apply only to the portion of	87740
the trust attributable to the applicant or recipient.	87741

(5) The availability of a self-settled trust shall be	87742
considered without regard to any of the following:	87743

(a) The purpose for which the trust is established;

87744

(b) Whether the trustees have exercised or may exercise	87745
discretion under the trust;	87746

(c) Any restrictions on when or whether distributions may be	87747
made from the trust;	87748

(d) Any restrictions on the use of distributions from the	87749
trust.	87750

(6) The baseline date for the look-back period for	87751
dispositions of assets involving a self-settled trust shall be the	87752
date on which the applicant or recipient is both institutionalized	87753
and first applies for medicaid.	87754

(F) The principal or income from any of the following shall	87755
not be a resource available to the applicant or recipient:	87756

(1)(a) A special needs trust that meets all of the following	87757
requirements:	87758

(i) The trust contains assets of an applicant or recipient	87759
under sixty-five years of age and may contain the assets of other	87760
individuals.	87761

(ii) The applicant or recipient is disabled as defined in	87762
rules adopted ~~by the department of job and family services~~under	87763
section 5163.02 of the Revised Code.	87764

(iii) The trust is established for the benefit of the	87765
applicant or recipient by a parent, grandparent, legal guardian,	87766
or a court.	87767

(iv) The trust requires that on the death of the applicant or	87768
recipient the state will receive all amounts remaining in the	87769
trust up to an amount equal to the total amount of medicaid ~~paid~~	87770
payments made on behalf of the applicant or recipient.	87771

(b) If a special needs trust meets the requirements of	87772
division (F)(1)(a) of this section and has been established for a	87773
disabled applicant or recipient under sixty-five years of age, the	87774
exemption for the trust granted pursuant to division (F) of this	87775
section shall continue after the disabled applicant or recipient	87776
becomes sixty-five years of age if the applicant or recipient	87777
continues to be disabled as defined in rules adopted ~~by the~~	87778
~~department of job and family services~~under section 5163.02 of the	87779
Revised Code. Except for income earned by the trust, the grantor	87780
shall not add to or otherwise augment the trust after the	87781
applicant or recipient attains sixty-five years of age. An	87782
addition or augmentation of the trust by the applicant or	87783
recipient with the applicant's own assets after the applicant or	87784
recipient attains sixty-five years of age shall be treated as an	87785
improper disposition of assets.	87786

(c) Cash distributions to the applicant or recipient shall be	87787
counted as unearned income. All other distributions from the trust	87788
shall be treated as provided in rules adopted ~~by the department of~~	87789
~~job and family services~~under section 5163.02 of the Revised Code	87790
governing in-kind income.	87791

(d) Transfers of assets to a special needs trust shall not be	87792
treated as an improper transfer of resources. An asset held prior	87793
to the transfer to the trust shall be considered as a resource	87794
available to the applicant or recipient, income available to the	87795
applicant or recipient, or both a resource and income available to	87796
the individual.	87797

(2)(a) A qualifying income trust that meets all of the	87798
following requirements:	87799

(i) The trust is composed only of pension, social security,	87800
and other income to the applicant or recipient, including	87801
accumulated interest in the trust.	87802

(ii) The income is received by the individual and the right	87803
to receive the income is not assigned or transferred to the trust.	87804

(iii) The trust requires that on the death of the applicant	87805
or recipient the state will receive all amounts remaining in the	87806
trust up to an amount equal to the total amount of medicaid ~~paid~~	87807
payments made on behalf of the applicant or recipient.	87808

(b) No resources shall be used to establish or augment the	87809
trust.	87810

(c) If an applicant or recipient has irrevocably transferred	87811
or assigned the applicant's or recipient's right to receive income	87812
to the trust, the trust shall not be considered a qualifying	87813
income trust by the county department of job and family services.	87814

(d) Income placed in a qualifying income trust shall not be	87815
counted in determining an applicant's or recipient's eligibility	87816
for medicaid. The recipient of the funds may place any income	87817
directly into a qualifying income trust without those funds	87818
adversely affecting the applicant's or recipient's eligibility for	87819
medicaid. Income generated by the trust that remains in the trust	87820
shall not be considered as income to the applicant or recipient.	87821

(e) All income placed in a qualifying income trust shall be	87822
combined with any income available to the individual that is not	87823
placed in the trust to arrive at a base income figure to be used	87824
for spend down calculations.	87825

(f) The base income figure shall be used for post-eligibility	87826
deductions, including personal needs allowance, monthly income	87827
allowance, family allowance, and medical expenses not subject to	87828
third party payment. Any income remaining shall be used toward	87829
payment of patient liability. Payments made from a qualifying	87830
income trust shall not be combined with the base income figure for	87831
post-eligibility calculations.	87832

(g) The base income figure shall be used when determining the	87833
spend down budget for the applicant or recipient. Any income	87834
remaining after allowable deductions are permitted as provided	87835
under rules adopted ~~by the department of job and family services~~	87836
under section 5163.02 of the Revised Code shall be considered the	87837
applicant's or recipient's spend down liability.	87838

(3)(a) A pooled trust that meets all of the following	87839
requirements:	87840

(i) The trust contains the assets of the applicant or	87841
recipient of any age who is disabled as defined in rules adopted	87842
~~by the department of job and family services~~under section 5163.02	87843
of the Revised Code.	87844

(ii) The trust is established and managed by a nonprofit	87845
organization.	87846

(iii) A separate account is maintained for each beneficiary	87847
of the trust but, for purposes of investment and management of	87848
funds, the trust pools the funds in these accounts.	87849

(iv) Accounts in the trust are established by the applicant	87850
or recipient, the applicant's or recipient's parent, grandparent,	87851
or legal guardian, or a court solely for the benefit of	87852
individuals who are disabled.	87853

(v) The trust requires that, to the extent that any amounts	87854
remaining in the beneficiary's account on the death of the	87855
beneficiary are not retained by the trust, the trust pay to the	87856
state the amounts remaining in the trust up to an amount equal to	87857
the total amount of medicaid ~~paid~~payments made on behalf of the	87858
beneficiary.	87859

(b) Cash distributions to the applicant or recipient shall be	87860
counted as unearned income. All other distributions from the trust	87861
shall be treated as provided in rules adopted ~~by the department of~~	87862
~~job and family services~~under section 5163.02 of the Revised Code	87863
governing in-kind income.	87864

(c) Transfers of assets to a pooled trust shall not be	87865
treated as an improper disposition of assets. An asset held prior	87866
to the transfer to the trust shall be considered as a resource	87867
available to the applicant or recipient, income available to the	87868
applicant or recipient, or both a resource and income available to	87869
the applicant or recipient.	87870

(4) A supplemental services trust that meets the requirements	87871
of section 5815.28 of the Revised Code and to which all of the	87872
following apply:	87873

(a) A person may establish a supplemental services trust	87874
pursuant to section 5815.28 of the Revised Code only for another	87875
person who is eligible to receive services through one of the	87876
following agencies:	87877

(i) The department of developmental disabilities;

87878

(ii) A county board of developmental disabilities;

87879

(iii) The department of ~~mental health~~mental health and	87880
addiction services;	87881

(iv) A board of alcohol, drug addiction, and mental health	87882
services.	87883

(b) A county department of job and family services shall not	87884
determine eligibility for another agency's program. An applicant	87885
or recipient shall do one of the following:	87886

(i) Provide documentation from one of the agencies listed in	87887
division (F)(4)(a) of this section that establishes that the	87888
applicant or recipient was determined to be eligible for services	87889
from the agency at the time of the creation of the trust;	87890

(ii) Provide an order from a court of competent jurisdiction	87891
that states that the applicant or recipient was eligible for	87892
services from one of the agencies listed in division (F)(4)(a) of	87893
this section at the time of the creation of the trust.	87894

(c) At the time the trust is created, the trust principal	87895
does not exceed the maximum amount permitted. The maximum amount	87896
permitted in calendar year 2006 is two hundred twenty-two thousand	87897
dollars. Each year thereafter, the maximum amount permitted is the	87898
prior year's amount plus two thousand dollars.	87899

(d) A county department of job and family services shall	87900
review the trust to determine whether it complies with the	87901
provisions of section 5815.28 of the Revised Code.	87902

(e) Payments from supplemental services trusts shall be	87903
exempt as long as the payments are for supplemental services as	87904
defined in rules adopted ~~by the department of job and family~~	87905
~~services~~under section 5163.02 of the Revised Code. All	87906
supplemental services shall be purchased by the trustee and shall	87907
not be purchased through direct cash payments to the beneficiary.	87908

(f) If a trust is represented as a supplemental services	87909
trust and a county department of job and family services	87910
determines that the trust does not meet the requirements provided	87911
in division (F)(4) of this section and section 5815.28 of the	87912
Revised Code, the county department of job and family services	87913
shall not consider it an exempt trust.	87914

(G)(1) A trust or legal instrument or device similar to a	87915
trust shall be considered a trust established by an individual for	87916
the benefit of the applicant or recipient if all of the following	87917
apply:	87918

(a) The trust is created by a person other than the applicant	87919
or recipient.	87920

(b) The trust names the applicant or recipient as a	87921
beneficiary.	87922

(c) The trust is funded with assets or property in which the	87923
applicant or recipient has never held an ownership interest prior	87924
to the establishment of the trust.	87925

(2) Any portion of a trust that meets the requirements of	87926
division (G)(1) of this section shall be a resource available to	87927
the applicant or recipient only if the trust permits the trustee	87928
to expend principal, corpus, or assets of the trust for the	87929
applicant's or recipient's medical care, care, comfort,	87930
maintenance, health, welfare, general well being, or any	87931
combination of these purposes.	87932

(3) A trust that meets the requirements of division (G)(1) of	87933
this section shall be considered a resource available to the	87934
applicant or recipient even if the trust contains any of the	87935
following types of provisions:	87936

(a) A provision that prohibits the trustee from making	87937
payments that would supplant or replace medicaid or other public	87938
assistance;	87939

(b) A provision that prohibits the trustee from making	87940
payments that would impact or have an effect on the applicant's or	87941
recipient's right, ability, or opportunity to receive medicaid or	87942
other public assistance;	87943

(c) A provision that attempts to prevent the trust or its	87944
corpus or principal from being a resource available to the	87945
applicant or recipient.	87946

(4) A trust that meets the requirements of division (G)(1) of	87947
this section shall not be counted as a resource available to the	87948
applicant or recipient if at least one of the following	87949
circumstances applies:	87950

(a) If a trust contains a clear statement requiring the	87951
trustee to preserve a portion of the trust for another beneficiary	87952
or remainderman, that portion of the trust shall not be counted as	87953
a resource available to the applicant or recipient. Terms of a	87954
trust that grant discretion to preserve a portion of the trust	87955
shall not qualify as a clear statement requiring the trustee to	87956
preserve a portion of the trust.	87957

(b) If a trust contains a clear statement requiring the	87958
trustee to use a portion of the trust for a purpose other than	87959
medical care, care, comfort, maintenance, welfare, or general well	87960
being of the applicant or recipient, that portion of the trust	87961
shall not be counted as a resource available to the applicant or	87962
recipient. Terms of a trust that grant discretion to limit the use	87963
of a portion of the trust shall not qualify as a clear statement	87964
requiring the trustee to use a portion of the trust for a	87965
particular purpose.	87966

(c) If a trust contains a clear statement limiting the	87967
trustee to making fixed periodic payments, the trust shall not be	87968
counted as a resource available to the applicant or recipient and	87969
payments shall be treated in accordance with rules adopted ~~by the~~	87970
~~department of job and family services~~under section 5163.02 of the	87971
Revised Code governing income. Terms of a trust that grant	87972
discretion to limit payments shall not qualify as a clear	87973
statement requiring the trustee to make fixed periodic payments.	87974

(d) If a trust contains a clear statement that requires the	87975
trustee to terminate the trust if it is counted as a resource	87976
available to the applicant or recipient, the trust shall not be	87977
counted as such. Terms of a trust that grant discretion to	87978
terminate the trust do not qualify as a clear statement requiring	87979
the trustee to terminate the trust.	87980

(e) If a person obtains a judgment from a court of competent	87981
jurisdiction that expressly prevents the trustee from using part	87982
or all of the trust for the medical care, care, comfort,	87983
maintenance, welfare, or general well being of the applicant or	87984
recipient, the trust or that portion of the trust subject to the	87985
court order shall not be counted as a resource available to the	87986
applicant or recipient.	87987

(f) If a trust is specifically exempt from being counted as a	87988
resource available to the applicant or recipient by a provision of	87989
the Revised Code, rules, or federal law, the trust shall not be	87990
counted as such.	87991

(g) If an applicant or recipient presents a final judgment	87992
from a court demonstrating that the applicant or recipient was	87993
unsuccessful in a civil action against the trustee to compel	87994
payments from the trust, the trust shall not be counted as a	87995
resource available to the applicant or recipient.	87996

(h) If an applicant or recipient presents a final judgment	87997
from a court demonstrating that in a civil action against the	87998
trustee the applicant or recipient was only able to compel limited	87999
or periodic payments, the trust shall not be counted as a resource	88000
available to the applicant or recipient and payments shall be	88001
treated in accordance with rules adopted ~~by the department of job~~	88002
~~and family services~~under section 5163.02 of the Revised Code	88003
governing income.	88004

(i) If an applicant or recipient provides written	88005
documentation showing that the cost of a civil action brought to	88006
compel payments from the trust would be cost prohibitive, the	88007
trust shall not be counted as a resource available to the	88008
applicant or recipient.	88009

(5) Any actual payments to the applicant or recipient from a	88010
trust that meet the requirements of division (G)(1) of this	88011
section, including trusts that are not counted as a resource	88012
available to the applicant or recipient, shall be treated as	88013
provided in rules adopted ~~by the department of job and family~~	88014
~~services~~under section 5163.02 of the Revised Code governing	88015
income. Payments to any person other than the applicant or	88016
recipient shall not be considered income to the applicant or	88017
recipient. Payments from the trust to a person other than the	88018
applicant or recipient shall not be considered an improper	88019
disposition of assets.	88020

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	88021
that the state has an insurable interest in ~~medical assistance~~	88022
medicaid recipients because of the state's statutory right to	88023
recover from the estate of a recipient state funds used to provide	88024
the recipient with ~~medical care and~~medicaid services.	88025

(B) As used in this section:

88026

(1) "Beneficiary" means the person or entity designated in a	88027
life insurance policy to receive the proceeds of the policy on the	88028
death of the insured or maturity of the policy.	88029

(2) "Owner" means the person who has the right to designate	88030
the beneficiary of a life insurance policy and to change the	88031
designation.	88032

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	88033
The value of a life insurance policy that would otherwise be	88034
considered a resource in determining eligibility for the ~~medical~~	88035
~~assistance~~medicaid program shall be excluded from any	88036
determination of a person's eligibility for the ~~medical assistance~~	88037
medicaid program if the owner designates the department of ~~job and~~	88038
~~family services~~medicaid as beneficiary of the policy. The	88039
department may pay premiums to keep the policy in force. Premiums	88040
paid by the department are ~~medical assistance~~medicaid payments	88041
correctly paid on behalf of a ~~medical assistance~~medicaid	88042
recipient and subject to recovery under section ~~5111.11~~5162.21 of	88043
the Revised Code.	88044

(D) The medicaid director ~~of job and family services~~ shall	88045
deposit the proceeds of a life insurance policy that do not exceed	88046
the amount the department may recover against the property and	88047
estate of the owner under section ~~5111.11~~5162.21 of the Revised	88048
Code into the general revenue fund. The director shall pay any	88049
remaining proceeds to the person designated by the owner. If the	88050
owner failed to designate a person, the director shall pay the	88051
remaining proceeds to the surviving spouse, or, if there is no	88052
surviving spouse, to the estate of the owner.	88053

(E) If the owner designates the department of ~~job and family~~	88054
~~services~~medicaid as the policy's beneficiary, the department	88055
shall notify the owner that the owner may designate a person to	88056
receive proceeds of the policy that exceed the amount the	88057
department may recover against the owner's property and estate	88058
under section ~~5111.11~~5162.21 of the Revised Code. The designation	88059
shall be made on a form provided by the department.	88060

~~(F) The department of job and family services shall not~~	88061
~~implement this section if implementation would violate any federal~~	88062
~~requirement unless the department receives a waiver of the~~	88063
~~requirement from the United States department of health and human~~	88064
~~services.~~	88065

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

88066

(1) "Assets" include all of an individual's income and	88067
resources and those of the individual's spouse, including any	88068
income or resources the individual or spouse is entitled to but	88069
does not receive because of action by any of the following:	88070

(a) The individual or spouse;

88071

(b) A person or government entity, including a court or	88072
administrative agency, with legal authority to act in place of or	88073
on behalf of the individual or spouse;	88074

(c) A person or government entity, including a court or	88075
administrative agency, acting at the direction or on the request	88076
of the individual or spouse.	88077

(2) "Home and community-based services" means home and	88078
community-based services furnished under a medicaid waiver granted	88079
by the United States secretary of health and human services under	88080
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	88081
1396n(c) or (d).	88082

(3) "Institutionalized individual" means a resident of a	88083
nursing facility, an inpatient in a medical institution for whom a	88084
payment is made based on a level of care provided in a nursing	88085
facility, or an individual described in the "Social Security Act,"	88086
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	88087

(4) "Look-back date" means the date that is a number of	88088
months specified in rules adopted under section ~~5111.011~~5163.02	88089
of the Revised Code immediately before either of the following:	88090

(a) The date an individual becomes an institutionalized	88091
individual if the individual is eligible for medicaid on that	88092
date;	88093

(b) The date an individual applies for medicaid while an	88094
institutionalized individual.	88095

(5) ~~"Nursing facility" has the same meaning as in section~~	88096
~~5111.20 of the Revised Code.~~	88097

~~(6)~~ "Nursing facility equivalent services" means services	88098
that are covered by the medicaid program, equivalent to nursing	88099
facility services, provided by an institution that provides the	88100
same level of care as a nursing facility, and provided to an	88101
inpatient of the institution who is a medicaid recipient eligible	88102
for medicaid-covered nursing facility equivalent services.	88103

~~(7) "Nursing facility services" means nursing facility~~	88104
~~services covered by the medicaid program that a nursing facility~~	88105
~~provides to a resident of the nursing facility who is a medicaid~~	88106
~~recipient eligible for medicaid-covered nursing facility services.~~	88107

~~(8)~~(6) "Undue hardship" means being deprived of either of the	88108
following:	88109

(a) Medical care such that an individual's health or life is	88110
endangered;	88111

(b) Food, clothing, shelter, or other necessities of life.

88112

(B) Except as provided in division (C) of this section and	88113
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	88114
an institutionalized individual is ineligible for nursing facility	88115
services, nursing facility equivalent services, and home and	88116
community-based services if the individual or individual's spouse	88117
disposes of assets for less than fair market value on or after the	88118
look-back date. The institutionalized individual's ineligibility	88119
shall begin on a date determined in accordance with rules adopted	88120
under section ~~5111.011~~5163.02 of the Revised Code and shall	88121
continue for a number of months determined in accordance with such	88122
rules.	88123

(C) An institutionalized individual may be granted a waiver	88124
of all or a portion of the period of ineligibility to which the	88125
individual would otherwise be subjected under division (B) of this	88126
section if the ineligibility would cause an undue hardship for the	88127
individual. An institutionalized individual shall be granted a	88128
waiver of all or a portion of the period of ineligibility if the	88129
administrator of the nursing facility in which the individual	88130
resides has notified the individual of a proposed transfer or	88131
discharge under section 3721.16 of the Revised Code due to failure	88132
to pay for the care the nursing facility has provided to the	88133
individual, the individual or the individual's sponsor requests a	88134
hearing on the proposed transfer or discharge in accordance with	88135
section 3721.161 of the Revised Code, and the transfer or	88136
discharge is upheld by a final determination that is not subject	88137
to further appeal. Waivers shall be granted in accordance with	88138
rules adopted under section ~~5111.011~~5163.02 of the Revised Code.	88139

(D) To secure compliance with this section, the medicaid	88140
director ~~of job and family services~~ may require an individual, as	88141
a condition of initial or continued eligibility for medicaid, to	88142
provide documentation of the individual's assets up to five years	88143
before the date the individual becomes an institutionalized	88144
individual if the individual is eligible for medicaid on that date	88145
or the date the individual applies for medicaid while an	88146
institutionalized individual. Documentation may include tax	88147
returns, records from financial institutions, and real property	88148
records.	88149

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	88150
~~section 5111.0118 of the Revised Code:~~	88151

~~(1) "ICF/MR services" means intermediate care facility for~~	88152
~~the mentally retarded services covered by the medicaid program~~	88153
~~that an intermediate care facility for the mentally retarded~~	88154
~~provides to a resident of the facility who is a medicaid recipient~~	88155
~~eligible for medicaid-covered intermediate care facility for the~~	88156
~~mentally retarded services.~~	88157

~~(2) "Intermediate care facility for the mentally retarded"~~	88158
~~has the same meaning as in section 5111.20 of the Revised Code.~~	88159

~~(3) "Nursing facility" has the same meaning as in section~~	88160
~~5111.20 of the Revised Code.~~	88161

~~(4) "Nursing facility services" means nursing facility~~	88162
~~services covered by the medicaid program that a nursing facility~~	88163
~~provides to a resident of the nursing facility who is a medicaid~~	88164
~~recipient eligible for medicaid-covered nursing facility services.~~	88165

~~(5) "Other medicaid-funded long-term care services" has the~~	88166
~~meaning specified in rules adopted under section 5111.011 of the~~	88167
~~Revised Code.~~	88168

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	88169
for the purpose of determining whether an aged, blind, or disabled	88170
individual is eligible for nursing facility services, ICF/MR	88171
services, or other medicaid-funded long-term care services, the	88172
medicaid director ~~of job and family services~~ may consider an aged,	88173
blind, or disabled individual's real property to not be the	88174
individual's homestead or principal place of residence once the	88175
individual has resided in a nursing facility, ~~intermediate care~~	88176
~~facility for the mentally retarded~~ICF/MR, or other medical	88177
institution for at least thirteen months.	88178

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	88179
individual if any of the following reside in the individual's real	88180
property that, because of this division, continues to be	88181
considered the individual's homestead or principal place of	88182
residence:	88183

(1) The individual's spouse;

88184

(2) The individual's child if any of the following apply:

88185

(a) The child is under twenty-one years of age.

88186

(b) The child is considered blind or disabled under the	88187
"Social Security Act," section 1614, 42 U.S.C. 1382c.	88188

(c) The child is financially dependent on the individual for	88189
housing as determined in accordance with rules adopted under	88190
section ~~5111.011~~5163.02 of the Revised Code.	88191

(3) The individual's sibling if the sibling has a verified	88192
equity interest in the real property and resided in the real	88193
property for at least one year immediately before the date the	88194
individual was admitted to the nursing facility, ~~intermediate care~~	88195
~~facility for the mentally retarded~~ICF/MR, or other medical	88196
institution.	88197

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	88198
this section, no individual shall qualify for nursing facility	88199
services or other medicaid-funded long-term care services if the	88200
individual's equity interest in the individual's home exceeds five	88201
hundred thousand dollars. The medicaid director ~~of job and family~~	88202
~~services~~ shall increase this amount effective January 1, 2011, and	88203
the first day of each year thereafter, by the percentage increase	88204
in the consumer price index for all urban consumers (all items;	88205
United States city average), rounded to the nearest one thousand	88206
dollars.	88207

(B) This section does not apply to an individual if either of	88208
the following applies:	88209

(1) Either of the following lawfully reside in the	88210
individual's home:	88211

(a) The individual's spouse;

88212

(b) The individual's child if the child is under twenty-one	88213
years of age or, under the "Social Security Act," section 1614, 42	88214
U.S.C. 1382c, considered blind or disabled.	88215

(2) The individual qualifies, pursuant to the process	88216
established under division (C) of this section, for a waiver of	88217
this section due to a demonstrated hardship.	88218

(C) The director shall establish a process by which	88219
individuals may obtain a waiver of this section due to a	88220
demonstrated hardship. The process shall be consistent with the	88221
process for such waivers established by the United States	88222
secretary of health and human services under the "Social Security	88223
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	88224

(D) Nothing in this section shall be construed as preventing	88225
an individual from using a reverse mortgage or home equity loan to	88226
reduce the individual's total equity interest in the home.	88227

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	88228
~~facility" and "intermediate care facility for the mentally~~	88229
~~retarded" have the same meanings as in section 5111.20 of the~~	88230
~~Revised Code.~~	88231

(A) In determining the amount of income that a medicaid	88232
recipient ~~of medical assistance~~ must apply monthly toward payment	88233
of the cost of care in a nursing facility or ~~intermediate care~~	88234
~~facility for the mentally retarded~~ICF/MR, ~~the~~a county department	88235
of job and family services shall deduct from the recipient's	88236
monthly income a monthly personal needs allowance in accordance	88237
with ~~section 1902 of~~ the "Social Security Act," ~~49 Stat. 620~~	88238
~~(1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~1396a(q).	88239

~~For~~(B) In the case of a resident of a nursing facility, the	88240
monthly personal needs allowance shall be as follows:	88241

(1) Prior to January 1, 2014, not less than forty dollars for	88242
an individual resident and not less than eighty dollars for a	88243
married couple if both spouses are residents of a nursing facility	88244
and their incomes are considered available to each other in	88245
determining eligibility;	88246

(2) For calendar year 2014, not less than forty-five dollars	88247
for an individual resident and not less than ninety dollars for a	88248
married couple if both spouses are residents of a nursing facility	88249
and their incomes are considered available to each other in	88250
determining eligibility;	88251

(3) For calendar year 2015 and each calendar year thereafter,	88252
not less than fifty dollars for an individual resident and not	88253
less than one hundred dollars for a married couple if both spouses	88254
are residents of a nursing facility and their incomes are	88255
considered available to each other in determining eligibility.	88256

~~For~~(C) In the case of a resident of an ~~intermediate care~~	88257
~~facility for the mentally retarded~~ICF/MR, the monthly personal	88258
needs allowance shall be forty dollars unless the resident has	88259
earned income, in which case the monthly personal needs allowance	88260
shall be determined by the ~~state~~ department of ~~job and family~~	88261
~~services~~medicaid, or the department's designee, but shall not	88262
exceed one hundred five dollars.	88263

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	88264
~~assistance to pregnant women and young children who are eligible~~	88265
~~for medical assistance under division (C)(3) of section 5111.01 of~~	88266
~~the Revised Code, but who are not otherwise eligible for medical~~	88267
~~assistance under that section, shall be known as the healthy start~~	88268
~~program.~~	88269

~~(B)~~ The department of ~~job and family services~~medicaid shall	88270
do all of the following with regard to the application procedures	88271
for the healthy start component of the medicaid program:	88272

(1) Establish a short application form for the ~~program~~	88273
component that requires the applicant to provide no more	88274
information than is necessary for making determinations of	88275
eligibility for the ~~healthy start program~~component, except that	88276
the form may require applicants to provide their social security	88277
numbers. The form shall include a statement, which must be signed	88278
by the applicant, indicating that she does not choose at the time	88279
of making application for the ~~program~~component to apply for	88280
assistance provided under any other program administered by the	88281
department or the department of job and family services and that	88282
she understands that she is permitted at any other time to apply	88283
at the county department of job and family services of the county	88284
in which she resides for ~~any~~ other assistance administered by the	88285
department or the department of job and family services.	88286

(2) ~~To the extent permitted by federal law, do~~Do one or both	88287
of the following:	88288

(a) Distribute the application form for the ~~program~~component	88289
to each public or private entity that serves as a women, infants,	88290
and children clinic or as a child and family health clinic and to	88291
each administrative body for such clinics and train employees of	88292
each such ~~agency~~clinic or ~~entity~~administrative body to provide	88293
applicants assistance in completing the form;	88294

(b) In cooperation with the department of health, develop	88295
arrangements under which employees of county departments of job	88296
and family services are stationed at public or private ~~agencies or~~	88297
entities selected by the department of ~~job and family services~~	88298
medicaid that serve as women, infants, and children clinics; child	88299
and family health clinics; or administrative bodies for such	88300
clinics for the purpose both of assisting applicants for the	88301
~~program~~component in completing the application form and of making	88302
determinations at that location of eligibility for the ~~program~~	88303
component.	88304

(3) Establish performance standards by which a county	88305
department of job and family services' level of enrollment of	88306
persons potentially eligible for the ~~program~~component can be	88307
measured, and establish acceptable levels of enrollment for each	88308
county department.	88309

(4) Direct any county department of job and family services	88310
whose rate of enrollment of potentially eligible enrollees in the	88311
~~program~~component is below acceptable levels established under	88312
division ~~(B)~~(A)(3) of this section to implement corrective	88313
action. Corrective action may include but is not limited to any	88314
one or more of the following ~~to the extent permitted by federal~~	88315
~~law~~:	88316

(a) Establishing formal referral and outreach methods with	88317
local health departments and local entities receiving funding	88318
through the bureau of maternal and child health;	88319

(b) Designating a specialized intake unit within the county	88320
department for healthy start applicants;	88321

(c) Establishing abbreviated timeliness requirements to	88322
shorten the time between receipt of an application and the	88323
scheduling of an initial application interview;	88324

(d) Establishing a system for telephone scheduling of intake	88325
interviews for applicants;	88326

(e) Establishing procedures to minimize the time an applicant	88327
must spend in completing the application and eligibility	88328
determination process, including permitting applicants to complete	88329
the process at times other than the regular business hours of the	88330
county department and at locations other than the offices of the	88331
county department.	88332

~~(C) To the extent permitted by federal law, local funds,~~	88333
~~whether from public or private sources, expended by a county~~	88334
~~department for administration of the healthy start program shall~~	88335
~~be considered to have been expended by the state for the purpose~~	88336
~~of determining the extent to which the state has complied with any~~	88337
~~federal requirement that the state provide funds to match federal~~	88338
~~funds for medical assistance, except that this division shall not~~	88339
~~affect the amount of funds the county is entitled to receive under~~	88340
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	88341

~~(D)~~(B) A county department of job and family services that	88342
maintains offices at more than one location shall accept	88343
applications for the healthy start ~~program~~component at all of	88344
those locations.	88345

~~(E) The director of job and family services shall adopt rules~~	88346
~~in accordance with section 111.15 of the Revised Code as necessary~~	88347
~~to implement this section.~~	88348

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	88349
subject to division (A)(2) of this section, "state or local	88350
correctional facility" means any of the following:	88351

(a) A "state correctional institution," as defined in section	88352
2967.01 of the Revised Code;	88353

(b) A "local correctional facility," as defined in section	88354
2903.13 of the Revised Code;	88355

(c) A correctional facility that is privately operated and	88356
managed pursuant to section 9.06 of the Revised Code.	88357

(2) "State or local correctional facility" does not include	88358
any facility operated directly by or at the direction of the	88359
department of youth services.	88360

(B) If a person who is confined in a state or local	88361
correctional facility was a medicaid recipient immediately prior	88362
to being confined in the facility, all of the following apply:	88363

(1) The person's eligibility for medicaid while so confined	88364
shall be suspended due to the confinement.	88365

(2) No medicaid payment shall be made for any care, services,	88366
or supplies provided to the person during the suspension described	88367
in division (B)(1) of this section.	88368

(3) The suspension described in division (B)(1) of this	88369
section shall end upon the release of the person from the	88370
confinement.	88371

(4) Except as provided in division (C) of this section, the	88372
person shall not be required to reapply or undergo a	88373
redetermination of eligibility for medicaid when the suspension	88374
described in division (B)(1) of this section ends.	88375

(C) A person may be disenrolled from medicaid any time after	88376
the suspension described in division (B)(1) of this section ends	88377
if the person is no longer eligible for medicaid. A person may be	88378
required to undergo a redetermination of eligibility for medicaid	88379
any time after the suspension described in division (B)(1) of this	88380
section ends if it is time or past time for the person's	88381
eligibility redetermination or the person's circumstances have	88382
changed in a manner warranting a redetermination.	88383

~~(D) The department of job and family services shall take the~~	88384
~~steps necessary to begin implementation of this section not later~~	88385
~~than September 1, 2009.~~	88386

Sec. 5164.01. As used in this chapter:

88387

(A) "Early and periodic screening, diagnostic, and treatment	88388
services" has the same meaning as in the "Social Security Act,"	88389
section 1905(r), 42 U.S.C. 1396d(r).	88390

(B) "Federal financial participation" has the same meaning as	88391
in section 5160.01 of the Revised Code.	88392

(C) "Healthcheck" means the component of the medicaid program	88393
that provides early and periodic screening, diagnostic, and	88394
treatment services.	88395

(D) "Home and community-based services medicaid waiver	88396
component" has the same meaning as in section 5166.01 of the	88397
Revised Code.	88398

(E) "Hospital" has the same meaning as in section 3727.01 of	88399
the Revised Code.	88400

(F) "ICF/MR" has the same meaning as in section 5124.01 of	88401
the Revised Code.	88402

(G) "Mandatory services" means the medical services and items	88403
that must be covered by the medicaid state plan as a condition of	88404
the state receiving federal financial participation for the	88405
medicaid program.	88406

(H) "Medicaid managed care organization" has the same meaning	88407
as in section 5167.01 of the Revised Code.	88408

(I) "Medicaid provider" means a person or government entity	88409
with a valid provider agreement to provide medicaid services to	88410
medicaid recipients. To the extent appropriate in the context,	88411
"medicaid provider" includes a person or government entity	88412
applying for a provider agreement, a former medicaid provider, or	88413
both.	88414

(J) "Medicaid services" means either or both of the	88415
following:	88416

(1) Mandatory services;

88417

(2) Optional services that the medicaid program covers.

88418

(K) "Nursing facility" has the same meaning as in section	88419
5165.01 of the Revised Code.	88420

(L) "Optional services" means the medical services and items	88421
that may be covered by the medicaid state plan or a federal	88422
medicaid waiver and for which the medicaid program receives	88423
federal financial participation.	88424

(M) "Prescribed drug" has the same meaning as in 42 C.F.R.	88425
440.120.	88426

(N) "Provider agreement" means an agreement to which all of	88427
the following apply:	88428

(1) It is between a medicaid provider and the department of	88429
medicaid;	88430

(2) It provides for the medicaid provider to provide medicaid	88431
services to medicaid recipients;	88432

(3) It complies with 42 C.F.R. 431.107(b).

88433

(O) "Terminal distributor of dangerous drugs" has the same	88434
meaning as in section 4729.01 of the Revised Code.	88435

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	88436
~~services shall adopt, and may amend or rescind, rules under~~	88437
medicaid director shall adopt rules as necessary to implement this	88438
chapter. The rules shall be adopted in accordance with Chapter	88439
119. of the Revised Code ~~establishing the amount, duration, and~~	88440
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	88441
~~federal and state law. The rules may be different for different~~	88442
~~medicaid services. The~~	88443

(B) The rules shall establish all of the following:

88444

~~(A) The conditions under which the medicaid program shall~~	88445
~~cover and reimburse medicaid services;~~	88446

~~(B) The method of reimbursement applicable to each medicaid~~	88447
~~service~~(1) The amount, duration, and scope of the medicaid	88448
services covered by the medicaid program;	88449

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	88450
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	88451
method by which ~~amounts are~~the payment amount is to be determined	88452
for each medicaid service;	88453

~~(D)~~(3) Procedures for enforcing the rules adopted under this	88454
section that provide due process protections, including procedures	88455
for corrective action plans for, and imposing financial and	88456
administrative sanctions on, persons and government entities that	88457
violate the rules.	88458

(C) The rules may be different for different medicaid	88459
services.	88460

(D) The medicaid director is not required to adopt a rule	88461
establishing the payment amount for a medicaid service if the	88462
director adopts a rule establishing the method by which the	88463
payment amount is to be determined for the medicaid service and	88464
makes the payment amount available on the internet web site	88465
maintained by the department of medicaid.	88466

Sec. 5164.03. (A) The medicaid program shall cover all	88467
mandatory services.	88468

(B) The medicaid program shall cover all of the optional	88469
services that state statutes require the medicaid program to	88470
cover.	88471

(C) The medicaid program may cover any of the optional	88472
services to which either of the following applies:	88473

(1) State statutes expressly permit the medicaid program to	88474
cover the optional service;	88475

(2) State statutes do not address whether the medicaid	88476
program may cover the optional service.	88477

(D) The medicaid program shall not cover any optional	88478
services that state statutes prohibit the medicaid program from	88479
covering.	88480

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

88481

(1) "Outpatient health facility" means a facility that	88482
provides comprehensive primary health services by or under the	88483
direction of a physician at least five days per week on a	88484
forty-hour per week basis to outpatients, is operated by the board	88485
of health of a city or general health district or another public	88486
agency or by a nonprofit private agency or organization under the	88487
direction and control of a governing board that has no	88488
health-related responsibilities other than the direction and	88489
control of one or more such outpatient health facilities, and	88490
receives at least seventy-five per cent of its operating funds	88491
from public sources, except that it does not include an outpatient	88492
hospital facility or a federally qualified health center as	88493
defined in ~~Sec. 1905(l) (2)(B) of~~ the "Social Security Act," ~~103~~	88494
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	88495
1396d(l)(2)(B).	88496

(2) "Comprehensive primary health services" means preventive,	88497
diagnostic, therapeutic, rehabilitative, or palliative items or	88498
services that include all of the following:	88499

(a) Services of physicians, physician assistants, and	88500
certified nurse practitioners;	88501

(b) Diagnostic laboratory and radiological services;

88502

(c) Preventive health services, such as children's eye and	88503
ear examinations, perinatal services, well child services, and	88504
family planning services;	88505

(d) Arrangements for emergency medical services;

88506

(e) Transportation services.

88507

(3) "Certified nurse practitioner" has the same meaning as in	88508
section 4723.01 of the Revised Code.	88509

(B) ~~Outpatient~~Subject to division (C) of this section, the	88510
medicaid program shall cover comprehensive primary health services	88511
provided by outpatient health facilities ~~are a separate category~~	88512
~~of medical care provider under the rules governing the~~	88513
~~administration of the medical assistance program established under~~	88514
~~section 5111.01 of the Revised Code~~with valid provider	88515
agreements. ~~Rates of reimbursement for items and services provided~~	88516
~~by an outpatient health facility under this section shall be~~	88517
~~prospectively determined by the~~The department of ~~job and family~~	88518
~~services~~medicaid shall prospectively determine the medicaid	88519
payment rates for such comprehensive primary health services not	88520
less often than once each year,. The rates shall not be subject to	88521
retroactive adjustment based on actual costs incurred~~, and~~. The	88522
rates shall not exceed the maximum fee schedule or rates of	88523
payment, limitations based on reasonable costs or customary	88524
charges, and limitations based on combined payments received for	88525
furnishing comparable services, as are applicable to outpatient	88526
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	88527
medicare program." In determining ~~rates of reimbursement~~an	88528
outpatient health facility's rate prospectively, the department	88529
shall take into account the historic expenses of the facility, the	88530
operating requirements and services offered by the facility, and	88531
the geographical location of the facility, shall provide	88532
incentives for the efficient and economical utilization of the	88533
facility's resources, and shall ensure that the facility does not	88534
discriminate between classes of persons for whom or by whom	88535
payment for ~~items and~~the services is made.	88536

(C) AAn outpatient health facility does not qualify for	88537
~~classification as an outpatient health facility~~medicaid payments	88538
under this section unless it:	88539

(1) Has health and medical care policies developed with the	88540
advice of and subject to review by an advisory committee of	88541
professional personnel, including one or more physicians, one or	88542
more dentists if dental care is provided, and one or more	88543
registered nurses;	88544

(2) Has a medical director, a dental director, if dental care	88545
is provided, and a nursing director responsible for the execution	88546
of such policies, and has physicians, dentists, nursing, and	88547
ancillary staff appropriate to the scope of services provided;	88548

(3) Requires that the care of every patient be under the	88549
supervision of a physician, provides for medical care in case of	88550
emergency, has in effect a written agreement with one or more	88551
hospitals and one or more other outpatient facilities, and has an	88552
established system for the referral of patients to other resources	88553
and a utilization review plan and program;	88554

(4) Maintains clinical records on all patients;

88555

(5) Provides nursing services and other therapeutic services	88556
in compliance with applicable laws and rules and under the	88557
supervision of a registered nurse, and has a registered nurse on	88558
duty at all times when the facility is in operation;	88559

(6) Follows approved methods and procedures for the	88560
dispensing and administration of drugs and biologicals;	88561

(7) Maintains the accounting and record-keeping system	88562
required under federal laws and regulations for the determination	88563
of reasonable and allowable costs.	88564

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	88565
occupational therapy services provided by an occupational	88566
therapist licensed under section 4755.08 of the Revised Code.	88567
Coverage shall not be limited to services provided in a hospital	88568
or nursing facility. Any licensed occupational therapist may enter	88569
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	88570
~~family services~~medicaid to provide occupational therapy services	88571
under the medicaid program.	88572

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	88573
~~assistance under this chapter~~medicaid program shall include	88574
coverage of inpatient care and follow-up care for a mother and her	88575
newborn as follows:	88576

(1) The ~~medical assistance~~ medicaid program shall cover a	88577
minimum of forty-eight hours of inpatient care following a normal	88578
vaginal delivery and a minimum of ninety-six hours of inpatient	88579
care following a cesarean delivery. Services covered as inpatient	88580
care shall include medical, educational, and any other services	88581
that are consistent with the inpatient care recommended in the	88582
protocols and guidelines developed by national organizations that	88583
represent pediatric, obstetric, and nursing professionals.	88584

(2) The ~~medical assistance~~medicaid program shall cover a	88585
physician-directed source of follow-up care. Services covered as	88586
follow-up care shall include physical assessment of the mother and	88587
newborn, parent education, assistance and training in breast or	88588
bottle feeding, assessment of the home support system, performance	88589
of any medically necessary and appropriate clinical tests, and any	88590
other services that are consistent with the follow-up care	88591
recommended in the protocols and guidelines developed by national	88592
organizations that represent pediatric, obstetric, and nursing	88593
professionals. The coverage shall apply to services provided in a	88594
medical setting or through home health care visits. The coverage	88595
shall apply to a home health care visit only if the health care	88596
professional who conducts the visit is knowledgeable and	88597
experienced in maternity and newborn care.	88598

When a decision is made in accordance with division (B) of	88599
this section to discharge a mother or newborn prior to the	88600
expiration of the applicable number of hours of inpatient care	88601
required to be covered, the coverage of follow-up care shall apply	88602
to all follow-up care that is provided within forty-eight hours	88603
after discharge. When a mother or newborn receives at least the	88604
number of hours of inpatient care required to be covered, the	88605
coverage of follow-up care shall apply to follow-up care that is	88606
determined to be medically necessary by the health care	88607
professionals responsible for discharging the mother or newborn.	88608

(B) Any decision to shorten the length of inpatient stay to	88609
less than that specified under division (A)(1) of this section	88610
shall be made by the physician attending the mother or newborn,	88611
except that if a nurse-midwife is attending the mother in	88612
collaboration with a physician, the decision may be made by the	88613
nurse-midwife. Decisions regarding early discharge shall be made	88614
only after conferring with the mother or a person responsible for	88615
the mother or newborn. For purposes of this division, a person	88616
responsible for the mother or newborn may include a parent,	88617
guardian, or any other person with authority to make medical	88618
decisions for the mother or newborn.	88619

(C) The department of ~~job and family services~~medicaid, in	88620
administering the ~~medical assistance~~medicaid program, may not do	88621
either of the following:	88622

(1) Terminate the ~~participation~~provider agreement of a	88623
health care professional or health care facility ~~as a provider~~	88624
~~under the program~~ solely for making recommendations for inpatient	88625
or follow-up care for a particular mother or newborn that are	88626
consistent with the care required to be covered by this section;	88627

(2) Establish or offer monetary or other financial incentives	88628
for the purpose of encouraging a person to decline the inpatient	88629
or follow-up care required to be covered by this section.	88630

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

88631

(1) Require the ~~medical assistance~~medicaid program to cover	88632
inpatient or follow-up care that is not received in accordance	88633
with the program's terms pertaining to the health care	88634
professionals and facilities from which ~~an individual~~a medicaid	88635
recipient is authorized to receive health care services.	88636

(2) Require a mother or newborn to stay in a hospital or	88637
other inpatient setting for a fixed period of time following	88638
delivery;	88639

(3) Require a child to be delivered in a hospital or other	88640
inpatient setting;	88641

(4) Authorize a nurse-midwife to practice beyond the	88642
authority to practice nurse-midwifery in accordance with Chapter	88643
4723. of the Revised Code;	88644

(5) Establish minimum standards of medical diagnosis, care,	88645
or treatment for inpatient or follow-up care for a mother or	88646
newborn. A deviation from the care required to be covered under	88647
this section shall not, on the basis of this section, give rise to	88648
a medical claim or derivative medical claim, as those terms are	88649
defined in section 2305.113 of the Revised Code.	88650

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	88651
"screening mammography" means a radiologic examination utilized to	88652
detect unsuspected breast cancer at an early stage in asymptomatic	88653
women and includes the x-ray examination of the breast using	88654
equipment that is dedicated specifically for mammography,	88655
including the x-ray tube, filter, compression device, screens,	88656
film, and cassettes, and that has an average radiation exposure	88657
delivery of less than one rad mid-breast. "Screening mammography"	88658
includes two views for each breast. The term also includes the	88659
professional interpretation of the film.	88660

"Screening mammography" does not include diagnostic	88661
mammography.	88662

(B) ~~In addition to any other services required to be included~~	88663
~~in the program or for which federal approval is received, the~~	88664
~~medical assistance~~The medicaid program shall ~~include~~cover both	88665
of the following ~~if approval for use of federal funds is granted~~	88666
~~to the department by the federal agency responsible for~~	88667
~~distributing funds under Title XIX of the "Social Security Act,"~~	88668
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	88669

(1) ~~Effective July 1, 1993, screening~~Screening mammography	88670
to detect the presence of breast cancer in adult women;	88671

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	88672
for the presence of cervical cancer.	88673

(C) The ~~service provided under~~medicaid program's coverage of	88674
screening mammography pursuant to division (B)(1) of this section	88675
shall be provided in accordance with all of the following:	88676

(1) If a woman is at least thirty-five years of age but under	88677
forty years of age, one screening mammography;	88678

(2) If a woman is at least forty years of age but under fifty	88679
years of age, either of the following:	88680

(a) One screening mammography every two years;

88681

(b) If a licensed physician has determined that the woman has	88682
risk factors to breast cancer, one screening mammography every	88683
year.	88684

(3) If a woman is at least fifty years of age but under	88685
sixty-five years of age, one screening mammography every year.	88686

(D) The ~~service provided under~~medicaid program's coverage of	88687
screening mammographies pursuant to division (B)(1) of this	88688
section shall be provided only for screening mammographies that	88689
are performed in a facility or mobile mammography screening unit	88690
that is accredited under the American college of radiology	88691
mammography accreditation program or in a hospital as defined in	88692
section 3727.01 of the Revised Code.	88693

(E) The ~~service provided under~~medicaid program's coverage of	88694
cytologic screenings pursuant to division (B)(2) of this section	88695
shall be provided only for cytologic screenings that are processed	88696
and interpreted in a laboratory certified by the college of	88697
American pathologists or in a hospital as defined in section	88698
3727.01 of the Revised Code.	88699

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

88700

(1) "Community mental health ~~agency~~services provider or	88701
facility" means a community mental health ~~agency~~services provider	88702
or facility that has its community mental health services	88703
certified by the department of ~~mental health~~mental health and	88704
addiction services under section ~~5119.611~~5119.36 of the Revised	88705
Code or by the department of job and family services under section	88706
5103.03 of the Revised Code.	88707

(2) "Mental health professional" means a person qualified to	88708
work with mentally ill persons under the standards established by	88709
the director of ~~mental health~~mental health and addiction services	88710
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	88711

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	88712
cover the following mental health services when provided by	88713
community mental health ~~agencies~~services providers or facilities:	88714

(1) Outpatient mental health services, including, but not	88715
limited to, preventive, diagnostic, therapeutic, rehabilitative,	88716
and palliative interventions rendered to individuals in an	88717
individual or group setting by a mental health professional in	88718
accordance with a plan of treatment appropriately established,	88719
monitored, and reviewed;	88720

(2) Partial-hospitalization mental health services rendered	88721
by persons directly supervised by a mental health professional;	88722

(3) Unscheduled, emergency mental health services of a kind	88723
ordinarily provided to persons in crisis when rendered by persons	88724
supervised by a mental health professional;	88725

(4) ~~Subject to receipt of federal approval, assertive~~	88726
Assertive community treatment and intensive home-based mental	88727
health services.	88728

(C) The department of ~~job and family services~~medicaid shall	88729
enter into a separate contract with the department of ~~mental~~	88730
~~health~~mental health and addiction services under section ~~5111.91~~	88731
5162.35 of the Revised Code with regard to the ~~component of~~mental	88732
health services the medicaid program ~~provided for by~~covers	88733
pursuant to this section.	88734

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	88735
~~prescription drug services to medicaid recipients, the~~The	88736
medicaid program shall not ~~provide reimbursement for prescription~~	88737
cover prescribed drugs for treatment of erectile dysfunction.	88738

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	88739
disabilities and ~~job and family services~~medicaid may approve,	88740
reduce, deny, or terminate a medicaid service included in the	88741
individualized service plan developed for a medicaid recipient	88742
with mental retardation or other developmental disability who is	88743
eligible for medicaid case management services. If either	88744
department approves, reduces, denies, or terminates a service,	88745
that department shall timely notify the medicaid recipient that	88746
the recipient may ~~request a hearing under~~appeal pursuant to	88747
section ~~5101.35~~5160.31 of the Revised Code.	88748

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	88749
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	88750
~~Revised Code.~~	88751

~~(B)~~ The department of ~~job and family services~~medicaid shall	88752
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	88753
~~establishing~~establish a combination of written and oral methods	88754
designed to provide information about healthcheck to all persons	88755
eligible for the program or their parents or guardians. The	88756
department shall ensure that its methods of providing information	88757
are effective. ~~The methods shall comply with federal law and~~	88758
~~regulations.~~	88759

Each ~~county department of job and family services or other~~	88760
entity that distributes or accepts applications for ~~medical~~	88761
~~assistance~~medicaid shall prominently display a notice that	88762
complies with the ~~rules adopted~~methods of providing information	88763
about healthcheck established under this ~~division~~section.	88764

Sec. 5164.30. No person or government entity may participate	88765
in the medicaid program as a medicaid provider without a valid	88766
provider agreement with the department of medicaid.	88767

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	88768
practice" has the same meaning as in section 4731.65 of the	88769
Revised Code.	88770

(B) The department of ~~job and family services~~medicaid shall	88771
establish a process by which a physician assistant may enter into	88772
a ~~medicaid~~ provider agreement.	88773

(C)(1) Subject to division (C)(2) of this section, a claim	88774
for ~~reimbursement~~medicaid payment for a medicaid service provided	88775
by a physician assistant to a medicaid recipient may be submitted	88776
by the physician assistant who provided the service or the	88777
physician, group practice, clinic, or other health care facility	88778
that employs the physician assistant.	88779

(2) A claim for ~~reimbursement~~medicaid payment may be	88780
submitted by the physician assistant who provided the service only	88781
if the physician assistant has a valid provider agreement. When	88782
submitting the claim, the physician assistant shall use only the	88783
medicaid provider number the department has assigned to the	88784
physician assistant.	88785

~~(D) The director of job and family services may adopt rules~~	88786
~~under section 5111.02 of the Revised Code to implement this~~	88787
~~section.~~	88788

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	88789
necessary to pay the expenses of implementing the provider	88790
screening requirements of subpart E of 42 C.F.R. Part 455 and	88791
except as provided in division (B) of this section, the department	88792
of ~~job and family services~~medicaid shall ~~charge~~collect an	88793
application fee tofrom a medicaid provider ~~seeking to enter into~~	88794
~~or renew a medicaid provider agreement, unless the provider is~~	88795
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	88796
before doing any of the following:	88797

(1) Entering into a provider agreement with a medicaid	88798
provider that seeks initial enrollment as a provider;	88799

(2) Entering into a provider agreement with a former medicaid	88800
provider that seeks re-enrollment as a provider;	88801

(3) Revalidating a medicaid provider's continued enrollment	88802
as a provider. ~~The~~	88803

(B) The department is not to collect an application fee from	88804
a medicaid provider that is exempt from paying the fee under 42	88805
C.F.R. 455.460(a).	88806

(C) The application fees shall be deposited into the health	88807
care services administration fund created under section ~~5111.94~~	88808
5162.54 of the Revised Code. Application fees are nonrefundable	88809
when collected in accordance with 42 C.F.R. 455.460(a).	88810

(D) The medicaid director ~~of job and family services~~ shall	88811
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	88812
of the Revised Code as necessary to implement this section,	88813
including a rule establishing the amount of the application fee	88814
~~that is charged~~to be collected under this section. The amount of	88815
the application fee shall not be set at an amount that is more	88816
than necessary to pay for the expenses of implementing the	88817
provider screening requirements.	88818

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	88819
~~the Revised Code, the director of job and family services shall~~	88820
~~adopt rules establishing procedures for the use of time-limited~~	88821
~~provider agreements under the medicaid program. Except as provided~~	88822
~~in division (E) of this section, all provider agreements shall be~~	88823
~~time-limited in accordance with the procedures established in the~~	88824
~~rules.~~	88825

~~The department of job and family services shall phase-in the~~	88826
~~use of time-limited provider agreements pursuant to this section~~	88827
~~during a period commencing not later than January 1, 2008, and~~	88828
~~ending January 1, 2015.~~	88829

~~(B) In the use of time-limited provider agreements pursuant~~	88830
~~to this section, all of the following apply:~~	88831

~~(1)~~ Each medicaid provider agreement shall expire not later	88832
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	88833
~~agreement.~~	88834

~~(2) During the phase-in period specified in division (A) of~~	88835
~~this section, the department may provide for the conversion of~~. If	88836
a provider agreement ~~without a time limit~~entered into before the	88837
effective date of this amendment does not have a time limit, the	88838
department of medicaid shall convert the agreement to a provider	88839
agreement with a time limit. ~~The department may take an action to~~	88840
~~convert the provider agreement by sending a notice by regular mail~~	88841
~~to the address of the provider on record with the department~~	88842
~~advising the provider of the conversion.~~	88843

~~(3) The department may make the effective date of a provider~~	88844
~~agreement retroactive for a period not to exceed one year from the~~	88845
~~date of the provider's application for the agreement, as long as~~	88846
~~the provider met all medicaid program requirements during that~~	88847
~~period.~~	88848

~~(C)~~(B) The medicaid director shall adopt rules under section	88849
5164.02 of the Revised Code as necessary to implement this	88850
section. The rules ~~for use of time-limited provider agreements~~	88851
~~pursuant to this section~~ shall be consistent with subpart E of 42	88852
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	88853
~~providers~~revalidating medicaid providers' continued enrollments	88854
as providers. All of the following apply to the ~~re-enrollment~~	88855
revalidation process:	88856

(1) The department ~~of job and family services may terminate a~~	88857
~~time-limited provider agreement or deny re-enrollment~~shall refuse	88858
to revalidate a provider's provider agreement when athe provider	88859
fails to ~~file an~~do either of the following:	88860

(a) File a complete application for ~~re-enrollment~~	88861
revalidation within the time and in the manner required under the	88862
~~re-enrollment~~revalidation process;	88863

(b) Provide required supporting documentation not later than	88864
thirty days after the date the provider timely applies for	88865
revalidation.	88866

(2) If a provider files an application for ~~re-enrollment~~	88867
revalidation within the time and in the manner required under the	88868
~~re-enrollment~~revalidation process and timely provides required	88869
supporting documentation, but the provider agreement expires	88870
before the department acts on the application or before the	88871
effective date of the department's decision on the application,	88872
the provider, subject to division (B)(3) of this section, may	88873
continue operating under the terms of the expired provider	88874
agreement until the effective date of the department's decision.	88875

(3) ~~A decision by the department to approve an application~~	88876
~~for re-enrollment becomes effective on the date of the~~	88877
~~department's decision. A decision by the department to deny~~	88878
~~re-enrollment shall take effect not sooner than thirty days after~~	88879
~~the date the department mails written notice of the decision to~~	88880
~~the provider. The department shall specify in the notice the date~~	88881
~~on which the provider is required to cease operating under the~~	88882
~~provider agreement~~If a provider continues operating under the	88883
terms of an expired provider agreement pursuant to division (B)(2)	88884
of this section and the department denies the provider's	88885
application for revalidation, medicaid payments shall not be made	88886
for services or items the provider provides during the period	88887
beginning on the date the provider agreement expired and ending on	88888
the effective date of a subsequent provider agreement, if any, the	88889
department enters into with the provider.	88890

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	88891
~~department is not required to take the actions specified in~~	88892
~~division (C)(1) of this section by issuing an order pursuant to an~~	88893
~~adjudication conducted in accordance with Chapter 119. of the~~	88894
~~Revised Code.~~	88895

~~(E) The use of time-limited provider agreements pursuant to~~	88896
~~this section does not apply to provider agreements issued to the~~	88897
~~following, including any provider agreements issued to the~~	88898
~~following that are otherwise time-limited under the medicaid~~	88899
~~program:~~	88900

~~(1) A managed care organization under contract with the~~	88901
~~department pursuant to section 5111.17 of the Revised Code;~~	88902

~~(2) A nursing facility, as defined in section 5111.20 of the~~	88903
~~Revised Code;~~	88904

~~(3) An intermediate care facility for the mentally retarded,~~	88905
~~as defined in section 5111.20 of the Revised Code;~~	88906

~~(4) A hospital.~~

88907

Sec. 5164.33. (A) The medicaid director may do the following	88908
for any reason permitted or required by federal law:	88909

(1) Deny or terminate a provider agreement;

88910

(2) Exclude an individual, provider of services or goods, or	88911
other entity from participation in the medicaid program.	88912

(B) No individual, provider, or entity excluded from	88913
participation in the medicaid program under this section shall do	88914
any of the following:	88915

(1) Own, or provide services to, any other medicaid provider	88916
or risk contractor;	88917

(2) Arrange for, render, or order services for medicaid	88918
recipients during the period of exclusion;	88919

(3) During the period of exclusion, receive direct payments	88920
under the medicaid program or indirect payments of medicaid funds	88921
in the form of salary, shared fees, contracts, kickbacks, or	88922
rebates from or through any other medicaid provider or risk	88923
contractor.	88924

(C) An individual, provider, or entity excluded from	88925
participation in the medicaid program under this section may	88926
request a reconsideration of the exclusion. The director shall	88927
adopt rules under section 5164.02 of the Revised Code governing	88928
the process for requesting a reconsideration.	88929

(D) Nothing in this section limits the applicability of	88930
section 5164.38 of the Revised Code to a medicaid provider.	88931

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

88932

(1) "Criminal records check" has the same meaning as in	88933
section 109.572 of the Revised Code.	88934

(2) "Disqualifying offense" means any of the offenses listed	88935
or described in divisions (A)(3)(a) to (e) of section 109.572 of	88936
the Revised Code.	88937

(3) "Owner" means a person who has an ownership interest in a	88938
medicaid provider ~~or applicant to be a provider~~ in an amount	88939
designated in rules ~~adopted under~~authorized by this section.	88940

(4) "Person subject to the criminal records check	88941
requirement" means the following:	88942

(a) A medicaid provider ~~or applicant to be a provider~~ who is	88943
notified under division (E)(1) of this section that the provider	88944
~~or applicant~~ is subject to a criminal records check;	88945

(b) An owner or prospective owner, officer or prospective	88946
officer, or board member or prospective board member of a medicaid	88947
provider ~~or applicant to be a provider~~ if, pursuant to division	88948
(E)(1)(a) of this section, the owner or prospective owner, officer	88949
or prospective officer, or board member or prospective board	88950
member is specified in information given to the provider or	88951
~~applicant~~ under division (E)(1) of this section;	88952

(c) An employee or prospective employee of a medicaid	88953
provider ~~or applicant to be a provider~~ if both of the following	88954
apply:	88955

(i) The employee or prospective employee is specified,	88956
pursuant to division (E)(1)(b) of this section, in information	88957
given to the provider ~~or applicant~~ under division (E)(1) of this	88958
section.	88959

(ii) The provider ~~or applicant~~ is not prohibited by division	88960
(D)(3)(b) of this section from employing the employee or	88961
prospective employee.	88962

(5) ~~"Provider" means a person, institution, or entity that~~	88963
~~has a medicaid provider agreement with the department of job and~~	88964
~~family services.~~	88965

~~(6)~~ "Responsible entity" means the following:

88966

(a) With respect to a criminal records check required under	88967
this section for a medicaid provider ~~or applicant to be a~~	88968
~~provider~~, the department of ~~job and family services~~medicaid or	88969
the department's designee;	88970

(b) With respect to a criminal records check required under	88971
this section for an owner or prospective owner, officer or	88972
prospective officer, board member or prospective board member, or	88973
employee or prospective employee of a medicaid provider or	88974
~~applicant to be a provider~~, the provider ~~or applicant~~.	88975

(B) This section does not apply to any individual who is	88976
subject to a criminal records check under section 3712.09,	88977
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	88978
Revised Code or any individual who is subject to a database review	88979
or criminal records check under section ~~173.394~~173.38, 3701.881,	88980
or ~~5111.033~~5164.342 of the Revised Code.	88981

(C) The department of ~~job and family services~~medicaid may do	88982
any of the following:	88983

(1) Require that any medicaid provider ~~or applicant to be a~~	88984
~~provider~~ submit to a criminal records check as a condition of	88985
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	88986

(2) Require that any medicaid provider ~~or applicant to be a~~	88987
~~provider~~ require an owner or prospective owner, officer or	88988
prospective officer, or board member or prospective board member	88989
of the provider ~~or applicant~~ submit to a criminal records check as	88990
a condition of being an owner, officer, or board member of the	88991
provider ~~or applicant~~;	88992

(3) Require that any medicaid provider ~~or applicant to be a~~	88993
~~provider~~ do the following:	88994

(a) If so required by rules ~~adopted under~~authorized by this	88995
section, determine pursuant to a database review conducted under	88996
division (F)(1)(a) of this section whether any employee or	88997
prospective employee of the provider ~~or applicant~~ is included in a	88998
database;	88999

(b) Unless the provider ~~or applicant~~ is prohibited by	89000
division (D)(3)(b) of this section from employing the employee or	89001
prospective employee, require the employee or prospective employee	89002
to submit to a criminal records check as a condition of being an	89003
employee of the provider ~~or applicant~~.	89004

(D)(1) The department or the department's designee shall deny	89005
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	89006
~~deny an applicant's application for a medicaid provider agreement~~	89007
if the provider ~~or applicant~~ is a person subject to the criminal	89008
records check requirement and either of the following applies:	89009

(a) The provider ~~or applicant~~ fails to obtain the criminal	89010
records check after being given the information specified in	89011
division (G)(1) of this section.	89012

(b) Except as provided in rules ~~adopted under~~authorized by	89013
this section, the provider ~~or applicant~~ is found by the criminal	89014
records check to have been convicted of,or have pleaded guilty	89015
to~~, or been found eligible for intervention in lieu of conviction~~	89016
~~for~~ a disqualifying offense, regardless of the date of the	89017
conviction,or the date of entry of the guilty plea~~, or the date~~	89018
~~the applicant or provider was found eligible for intervention in~~	89019
~~lieu of conviction~~.	89020

(2) No medicaid provider ~~or applicant to be a provider~~ shall	89021
permit a person to be an owner, officer, or board member of the	89022
provider ~~or applicant~~ if the person is a person subject to the	89023
criminal records check requirement and either of the following	89024
applies:	89025

(a) The person fails to obtain the criminal records check	89026
after being given the information specified in division (G)(1) of	89027
this section.	89028

(b) Except as provided in rules ~~adopted under~~authorized by	89029
this section, the person is found by the criminal records check to	89030
have been convicted of,or have pleaded guilty to~~, or been found~~	89031
~~eligible for intervention in lieu of conviction for~~ a	89032
disqualifying offense, regardless of the date of the conviction,	89033
or the date of entry of the guilty plea~~, or the date the person~~	89034
~~was found eligible for intervention in lieu of conviction~~.	89035

(3) No medicaid provider ~~or applicant to be a provider~~ shall	89036
employ a person if any of the following apply:	89037

(a) The person has been excluded from ~~providing services or~~	89038
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	89039
~~program operated pursuant to Title XVIII of the "Social Security~~	89040
~~Act~~provider," or provider for any other federal health care	89041
program.	89042

(b) If the person is subject to a database review conducted	89043
under division (F)(1)(a) of this section, the person is found by	89044
the database review to be included in a database and the rules	89045
~~adopted under~~authorized by this section regarding the database	89046
review prohibit the provider ~~or applicant~~ from employing a person	89047
included in the database.	89048

(c) If the person is a person subject to the criminal records	89049
check requirement, either of the following applies:	89050

(i) The person fails to obtain the criminal records check	89051
after being given the information specified in division (G)(1) of	89052
this section.	89053

(ii) Except as provided in rules ~~adopted under~~authorized by	89054
this section, the person is found by the criminal records check to	89055
have been convicted of,or have pleaded guilty to~~, or been found~~	89056
~~eligible for intervention in lieu of conviction for~~ a	89057
disqualifying offense, regardless of the date of the conviction,	89058
or the date of entry of the guilty plea~~, or the date the person~~	89059
~~was found eligible for intervention in lieu of conviction~~.	89060

(E)(1) The department or the department's designee shall	89061
inform each medicaid provider ~~or applicant to be a provider~~	89062
whether the provider ~~or applicant~~ is subject to a criminal records	89063
check. For providers with valid provider agreements, the	89064
information shall be given at times designated in rules ~~adopted~~	89065
~~under~~authorized by this section. For ~~applicants~~providers	89066
applying to be medicaid providers, the information shall be given	89067
at the time of initial application. When the information is given,	89068
the department or the department's designee shall specify the	89069
following:	89070

(a) Which of the provider's ~~or applicant's~~ owners or	89071
prospective owners, officers or prospective officers, or board	89072
members or prospective board members are subject to a criminal	89073
records check;	89074

(b) Which of the provider's ~~or applicant's~~ employees or	89075
prospective employees are subject to division (C)(3) of this	89076
section.	89077

(2) At times designated in rules ~~adopted under~~authorized by	89078
this section, a medicaid provider ~~or applicant to be a provider~~	89079
that is a person subject to the criminal records check requirement	89080
shall do the following:	89081

(a) Inform each person specified under division (E)(1)(a) of	89082
this section that the person is required to submit to a criminal	89083
records check as a condition of being an owner, officer, or board	89084
member of the provider ~~or applicant~~;	89085

(b) Inform each person specified under division (E)(1)(b) of	89086
this section that the person is subject to division (C)(3) of this	89087
section.	89088

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	89089
is a person subject to the criminal records check requirement, the	89090
department or the department's designee shall require the conduct	89091
of a criminal records check by the superintendent of the bureau of	89092
criminal identification and investigation. A medicaid provider or	89093
~~applicant to be a provider~~ shall require the conduct of a criminal	89094
records check by the superintendent with respect to each of the	89095
persons specified under division (E)(1)(a) of this section. With	89096
respect to each employee and prospective employee specified under	89097
division (E)(1)(b) of this section, a medicaid provider or	89098
~~applicant to be a provider~~ shall do the following:	89099

(a) If rules ~~adopted under~~authorized by this section require	89100
the provider ~~or applicant~~ to conduct a database review to	89101
determine whether the employee or prospective employee is included	89102
in a database, conduct the database review in accordance with the	89103
rules;	89104

(b) Unless the provider ~~or applicant~~ is prohibited by	89105
division (D)(3)(b) of this section from employing the employee or	89106
prospective employee, require the conduct of a criminal records	89107
check of the employee or prospective employee by the	89108
superintendent.	89109

(2) If a person subject to the criminal records check	89110
requirement does not present proof of having been a resident of	89111
this state for the five-year period immediately prior to the date	89112
the criminal records check is requested or provide evidence that	89113
within that five-year period the superintendent has requested	89114
information about the person from the federal bureau of	89115
investigation in a criminal records check, the responsible entity	89116
shall require the person to request that the superintendent obtain	89117
information from the federal bureau of investigation as part of	89118
the criminal records check of the person. Even if the person	89119
presents proof of having been a resident of this state for the	89120
five-year period, the responsible entity may require that the	89121
person request that the superintendent obtain information from the	89122
federal bureau of investigation and include it in the criminal	89123
records check of the person.	89124

(G) Criminal records checks required by this section shall be	89125
obtained as follows:	89126

(1) The responsible entity shall provide each person subject	89127
to the criminal records check requirement information about	89128
accessing and completing the form prescribed pursuant to division	89129
(C)(1) of section 109.572 of the Revised Code and the standard	89130
impression sheet prescribed pursuant to division (C)(2) of that	89131
section.	89132

(2) The person subject to the criminal records check	89133
requirement shall submit the required form and one complete set of	89134
the person's fingerprint impressions directly to the	89135
superintendent for purposes of conducting the criminal records	89136
check using the applicable methods prescribed by division (C) of	89137
section 109.572 of the Revised Code. The person shall pay all fees	89138
associated with obtaining the criminal records check.	89139

(3) The superintendent shall conduct the criminal records	89140
check in accordance with section 109.572 of the Revised Code. The	89141
person subject to the criminal records check requirement shall	89142
instruct the superintendent to submit the report of the criminal	89143
records check directly to the responsible entity. If the	89144
department or the department's designee is not the responsible	89145
entity, the department or designee may require the responsible	89146
entity to submit the report to the department or designee.	89147

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	89148
employ conditionally a person for whom a criminal records check is	89149
required by this section prior to obtaining the results of the	89150
criminal records check if both of the following apply:	89151

(a) The provider ~~or applicant~~ is not prohibited by division	89152
(D)(3)(b) of this section from employing the person.	89153

(b) The person submits a request for the criminal records	89154
check not later than five business days after the person begins	89155
conditional employment.	89156

(2) A medicaid provider ~~or applicant to be a provider~~ that	89157
employs a person conditionally under division (H)(1) of this	89158
section shall terminate the person's employment if the results of	89159
the criminal records check request are not obtained within the	89160
period ending sixty days after the date the request is made.	89161
Regardless of when the results of the criminal records check are	89162
obtained, if the results indicate that the person has been	89163
convicted of,or has pleaded guilty to~~, or has been found eligible~~	89164
~~for intervention in lieu of conviction for~~ a disqualifying	89165
offense, the provider ~~or applicant~~ shall terminate the person's	89166
employment unless circumstances specified in rules ~~adopted under~~	89167
authorized by this section exist that permit the provider or	89168
~~applicant~~ to employ the person and the provider ~~or applicant~~	89169
chooses to employ the person.	89170

(I) The report of a criminal records check conducted pursuant	89171
to this section is not a public record for the purposes of section	89172
149.43 of the Revised Code and shall not be made available to any	89173
person other than the following:	89174

(1) The person who is the subject of the criminal records	89175
check or the person's representative;	89176

(2) The medicaid director ~~of job and family services~~ and the	89177
staff of the department who are involved in the administration of	89178
the medicaid program;	89179

(3) The department's designee;

89180

(4) The medicaid provider ~~or applicant to be a provider~~ who	89181
required the person who is the subject of the criminal records	89182
check to submit to the criminal records check;	89183

(5) An individual receiving or deciding whether to receive,	89184
from the subject of the criminal records check, home and	89185
community-based services available under the medicaid state plan;	89186

(6) A court, hearing officer, or other necessary individual	89187
involved in a case dealing with any of the following:	89188

(a) The denial or termination of a ~~medicaid~~ provider	89189
agreement;	89190

(b) A person's denial of employment, termination of	89191
employment, or employment or unemployment benefits;	89192

(c) A civil or criminal action regarding the medicaid	89193
program.	89194

(J) The medicaid director ~~of job and family services~~ may	89195
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	89196
of the Revised Code to implement this section. If the director	89197
adopts such rules, the rules shall designate the times at which a	89198
criminal records check must be conducted under this section. The	89199
rules may do any of the following:	89200

(1) Designate the categories of persons who are subject to a	89201
criminal records check under this section;	89202

(2) Specify circumstances under which the department or the	89203
department's designee may continue a ~~medicaid~~ provider agreement	89204
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	89205
medicaid provider ~~or applicant~~ is found by a criminal records	89206
check to have been convicted of, pleaded guilty to, or been found	89207
eligible for intervention in lieu of conviction for a	89208
disqualifying offense;	89209

(3) Specify circumstances under which a medicaid provider or	89210
~~applicant to be a provider~~ may permit a person to be an employee,	89211
owner, officer, or board member of the provider ~~or applicant,~~ when	89212
the person is found by a criminal records check conducted pursuant	89213
to this section to have been convicted of,or have pleaded guilty	89214
to~~, or been found eligible for intervention in lieu of conviction~~	89215
~~for~~ a disqualifying offense;	89216

(4) Specify all of the following:

89217

(a) The circumstances under which a database review must be	89218
conducted under division (F)(1)(a) of this section to determine	89219
whether an employee or prospective employee of a medicaid provider	89220
~~or applicant to be a provider~~ is included in a database;	89221

(b) The procedures for conducting the database review;

89222

89223

(d) The circumstances under which a medicaid provider or	89224
~~applicant to be a provider~~ is prohibited from employing a person	89225
who is found by the database review to be included in a database.	89226

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

89227

"Anniversary date" means the later of the effective date of	89228
the provider agreement relating to the independent provider or	89229
sixty days after September 26, 2003.	89230

"Applicant" means a person who has applied for a ~~medicaid~~	89231
provider agreement to provide home and community-based services as	89232
an independent provider under a home and community-based medicaid	89233
waiver component administered by the department of ~~job and family~~	89234
~~services~~medicaid.	89235

"Criminal records check" has the same meaning as in section	89236
109.572 of the Revised Code.	89237

"Disqualifying offense" means any of the offenses listed or	89238
described in divisions (A)(3)(a) to (e) of section 109.572 of the	89239
Revised Code.	89240

"Independent provider" means a person who has a ~~medicaid~~	89241
provider agreement to provide home and community-based services as	89242
an independent provider in a home and community-based services	89243
medicaid waiver component administered by the department of ~~job~~	89244
~~and family services~~medicaid.	89245

~~"Home and community-based services medicaid waiver component"~~	89246
~~has the same meaning as in section 5111.85 of the Revised Code.~~	89247

(B) The department of ~~job and family services~~medicaid or the	89248
department's designee shall deny an applicant's application for a	89249
~~medicaid~~ provider agreement and shall terminate an independent	89250
provider's ~~medicaid~~ provider agreement if either of the following	89251
applies:	89252

(1) After the applicant or independent provider is given the	89253
information and notification required by divisions (D)(2)(a) and	89254
(b) of this section, the applicant or independent provider fails	89255
to do either of the following:	89256

(a) Access, complete, or forward to the superintendent of the	89257
bureau of criminal identification and investigation the form	89258
prescribed pursuant to division (C)(1) of section 109.572 of the	89259
Revised Code or the standard impression sheet prescribed pursuant	89260
to division (C)(2) of that section;	89261

(b) Instruct the superintendent to submit the completed	89262
report of the criminal records check required by this section	89263
directly to the department or the department's designee.	89264

(2) Except as provided in rules ~~adopted under~~authorized by	89265
this section, the applicant or independent provider is found by a	89266
criminal records check required by this section to have been	89267
convicted of,or have pleaded guilty to~~, or been found eligible~~	89268
~~for intervention in lieu of conviction for~~ a disqualifying	89269
offense, regardless of the date of the conviction,or the date of	89270
entry of the guilty plea~~, or the date the applicant or independent~~	89271
~~provider was found eligible for intervention in lieu of~~	89272
~~conviction~~.	89273

(C)(1) The department or the department's designee shall	89274
inform each applicant, at the time of initial application for a	89275
~~medicaid~~ provider agreement, that the applicant is required to	89276
provide a set of the applicant's fingerprint impressions and that	89277
a criminal records check is required to be conducted as a	89278
condition of the department's approving the application.	89279

(2) Beginning on September 26, 2003, the department or the	89280
department's designee shall inform each independent provider on or	89281
before the time of the anniversary date of the ~~medicaid~~ provider	89282
agreement that the independent provider is required to provide a	89283
set of the independent provider's fingerprint impressions and that	89284
a criminal records check is required to be conducted.	89285

(D)(1) The department or the department's designee shall	89286
require an applicant to complete a criminal records check prior to	89287
entering into a ~~medicaid~~ provider agreement with the applicant.	89288
The department or the department's designee shall require an	89289
independent provider to complete a criminal records check at least	89290
annually. If an applicant or independent provider for whom a	89291
criminal records check is required by this section does not	89292
present proof of having been a resident of this state for the	89293
five-year period immediately prior to the date the criminal	89294
records check is requested or provide evidence that within that	89295
five-year period the superintendent of the bureau of criminal	89296
identification and investigation has requested information about	89297
the applicant or independent provider from the federal bureau of	89298
investigation in a criminal records check, the department or the	89299
department's designee shall request that the applicant or	89300
independent provider obtain through the superintendent a criminal	89301
records request from the federal bureau of investigation as part	89302
of the criminal records check of the applicant or independent	89303
provider. Even if an applicant or independent provider for whom a	89304
criminal records check request is required by this section	89305
presents proof of having been a resident of this state for the	89306
five-year period, the department or the department's designee may	89307
request that the applicant or independent provider obtain	89308
information through the superintendent from the federal bureau of	89309
investigation in the criminal records check.	89310

(2) The department or the department's designee shall provide	89311
the following to each applicant and independent provider for whom	89312
a criminal records check is required by this section:	89313

(a) Information about accessing, completing, and forwarding	89314
to the superintendent of the bureau of criminal identification and	89315
investigation the form prescribed pursuant to division (C)(1) of	89316
section 109.572 of the Revised Code and the standard impression	89317
sheet prescribed pursuant to division (C)(2) of that section;	89318

(b) Written notification that the applicant or independent	89319
provider is to instruct the superintendent to submit the completed	89320
report of the criminal records check directly to the department or	89321
the department's designee.	89322

(3) Each applicant and independent provider for whom a	89323
criminal records check is required by this section shall pay to	89324
the bureau of criminal identification and investigation the fee	89325
prescribed pursuant to division (C)(3) of section 109.572 of the	89326
Revised Code for the criminal records check conducted of the	89327
applicant or independent provider.	89328

(E) The report of any criminal records check conducted by the	89329
bureau of criminal identification and investigation in accordance	89330
with section 109.572 of the Revised Code and pursuant to a request	89331
made under this section is not a public record for the purposes of	89332
section 149.43 of the Revised Code and shall not be made available	89333
to any person other than the following:	89334

(1) The person who is the subject of the criminal records	89335
check or the person's representative;	89336

(2) The medicaid director ~~of job and family services~~ and the	89337
staff of the department who are involved in the administration of	89338
the medicaid program;	89339

(3) The department's designee;

89340

(4) An individual ~~who receives~~receiving or deciding whether	89341
to receive home and community-based services from the person who	89342
is the subject of the criminal records check;	89343

(5) A court, hearing officer, or other necessary individual	89344
involved in a case dealing with either of the following:	89345

(a) A denial or termination of a provider agreement related	89346
to the criminal records check;	89347

(b) A civil or criminal action regarding the medicaid	89348
program.	89349

(F) The medicaid director ~~of job and family services~~ shall	89350
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	89351
of the Revised Code to implement this section. The rules shall	89352
specify circumstances under which the department or the	89353
department's designee may either approve an applicant's	89354
application or allow an independent provider to maintain an	89355
existing ~~medicaid~~ provider agreement even though the applicant or	89356
independent provider is found by a criminal records check required	89357
by this section to have been convicted of,or have pleaded guilty	89358
to~~, or been found eligible for intervention in lieu of conviction~~	89359
~~for~~ a disqualifying offense.	89360

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

89361

"Applicant" means a person who is under final consideration	89362
for employment with a waiver agency in a full-time, part-time, or	89363
temporary position that involves providing home and	89364
community-based services..	89365

"Community-based long-term care ~~agency~~provider" ~~has the same~~	89366
~~meaning~~means a provider as defined in section 173.39 of the	89367
Revised Code.	89368

"Community-based long-term care subcontractor" means a	89369
subcontractor as defined in section 173.38 of the Revised Code.	89370

"Criminal records check" has the same meaning as in section	89371
109.572 of the Revised Code.	89372

"Disqualifying offense" means any of the offenses listed or	89373
described in divisions (A)(3)(a) to (e) of section 109.572 of the	89374
Revised Code.	89375

"Employee" means a person employed by a waiver agency in a	89376
full-time, part-time, or temporary position that involves	89377
providing home and community-based services.	89378

~~"Home and community-based services medicaid waiver component"~~	89379
~~has the same meaning as in section 5111.85 of the Revised Code.~~	89380

"Waiver agency" means a person or government entity that	89381
provides home and community-based services under a home and	89382
community-based services medicaid waiver component administered by	89383
the department of ~~job and family services~~medicaid, other than	89384
such a person or government entity that is certified under the	89385
medicare program. "Waiver agency" does not mean an independent	89386
provider as defined in section ~~5111.034~~5164.341 of the Revised	89387
Code.	89388

(B) This section does not apply to any individual who is	89389
subject to a database review or criminal records check under	89390
section 3701.881 of the Revised Code. If a waiver agency also is a	89391
community-based long-term care ~~agency~~provider or community-based	89392
long-term care subcontractor, the waiver agency may provide for	89393
applicants and employees to undergo database reviews and criminal	89394
records checks in accordance with section ~~173.394~~173.38 of the	89395
Revised Code rather than this section.	89396

(C) No waiver agency shall employ an applicant or continue to	89397
employ an employee in a position that involves providing home and	89398
community-based services if any of the following apply:	89399

(1) A review of the databases listed in division (E) of this	89400
section reveals any of the following:	89401

(a) That the applicant or employee is included in one or more	89402
of the databases listed in divisions (E)(1) to (5) of this	89403
section;	89404

(b) That there is in the state nurse aide registry	89405
established under section 3721.32 of the Revised Code a statement	89406
detailing findings by the director of health that the applicant or	89407
employee neglected or abused a long-term care facility or	89408
residential care facility resident or misappropriated property of	89409
such a resident;	89410

(c) That the applicant or employee is included in one or more	89411
of the databases, if any, specified in rules ~~adopted under~~	89412
authorized by this section and the rules prohibit the waiver	89413
agency from employing an applicant or continuing to employ an	89414
employee included in such a database in a position that involves	89415
providing home and community-based services.	89416

(2) After the applicant or employee is given the information	89417
and notification required by divisions (F)(2)(a) and (b) of this	89418
section, the applicant or employee fails to do either of the	89419
following:	89420

(a) Access, complete, or forward to the superintendent of the	89421
bureau of criminal identification and investigation the form	89422
prescribed to division (C)(1) of section 109.572 of the Revised	89423
Code or the standard impression sheet prescribed pursuant to	89424
division (C)(2) of that section;	89425

(b) Instruct the superintendent to submit the completed	89426
report of the criminal records check required by this section	89427
directly to the chief administrator of the waiver agency.	89428

(3) Except as provided in rules ~~adopted under~~authorized by	89429
this section, the applicant or employee is found by a criminal	89430
records check required by this section to have been convicted of,	89431
or have pleaded guilty to~~, or been found eligible for intervention~~	89432
~~in lieu of conviction for~~ a disqualifying offense, regardless of	89433
the date of the conviction,or date of entry of the guilty plea,	89434
~~or the date the applicant or employee was found eligible for~~	89435
~~intervention in lieu of conviction~~.	89436

(D) At the time of each applicant's initial application for	89437
employment in a position that involves providing home and	89438
community-based services, the chief administrator of a waiver	89439
agency shall inform the applicant of both of the following:	89440

(1) That a review of the databases listed in division (E) of	89441
this section will be conducted to determine whether the waiver	89442
agency is prohibited by division (C)(1) of this section from	89443
employing the applicant in the position;	89444

(2) That, unless the database review reveals that the	89445
applicant may not be employed in the position, a criminal records	89446
check of the applicant will be conducted and the applicant is	89447
required to provide a set of the applicant's fingerprint	89448
impressions as part of the criminal records check.	89449

(E) As a condition of employing any applicant in a position	89450
that involves providing home and community-based services, the	89451
chief administrator of a waiver agency shall conduct a database	89452
review of the applicant in accordance with rules ~~adopted under~~	89453
authorized by this section. If rules ~~adopted under~~authorized by	89454
this section so require, the chief administrator of a waiver	89455
agency shall conduct a database review of an employee in	89456
accordance with the rules as a condition of continuing to employ	89457
the employee in a position that involves providing home and	89458
community-based services. A database review shall determine	89459
whether the applicant or employee is included in any of the	89460
following:	89461

(1) The excluded parties list system that is maintained by	89462
the United States general services administration pursuant to	89463
subpart 9.4 of the federal acquisition regulation and available at	89464
the federal web site known as the system for award management;	89465

(2) The list of excluded individuals and entities maintained	89466
by the office of inspector general in the United States department	89467
of health and human services pursuant to ~~section 1128 of~~ the	89468
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	89469
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	89470
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	89471
~~amended~~;	89472

(3) The registry of MR/DD employees established under section	89473
5123.52 of the Revised Code;	89474

(4) The internet-based sex offender and child-victim offender	89475
database established under division (A)(11) of section 2950.13 of	89476
the Revised Code;	89477

(5) The internet-based database of inmates established under	89478
section 5120.66 of the Revised Code;	89479

(6) The state nurse aide registry established under section	89480
3721.32 of the Revised Code;	89481

(7) Any other database, if any, specified in rules ~~adopted~~	89482
~~under~~authorized by this section.	89483

(F)(1) As a condition of employing any applicant in a	89484
position that involves providing home and community-based	89485
services, the chief administrator of a waiver agency shall require	89486
the applicant to request that the superintendent of the bureau of	89487
criminal identification and investigation conduct a criminal	89488
records check of the applicant. If rules ~~adopted under~~authorized	89489
by this section so require, the chief administrator of a waiver	89490
agency shall require an employee to request that the	89491
superintendent conduct a criminal records check of the employee at	89492
times specified in the rules as a condition of continuing to	89493
employ the employee in a position that involves providing home and	89494
community-based services. However, a criminal records check is not	89495
required for an applicant or employee if the waiver agency is	89496
prohibited by division (C)(1) of this section from employing the	89497
applicant or continuing to employ the employee in a position that	89498
involves providing home and community-based services. If an	89499
applicant or employee for whom a criminal records check request is	89500
required by this section does not present proof of having been a	89501
resident of this state for the five-year period immediately prior	89502
to the date the criminal records check is requested or provide	89503
evidence that within that five-year period the superintendent has	89504
requested information about the applicant or employee from the	89505
federal bureau of investigation in a criminal records check, the	89506
chief administrator shall require the applicant or employee to	89507
request that the superintendent obtain information from the	89508
federal bureau of investigation as part of the criminal records	89509
check. Even if an applicant or employee for whom a criminal	89510
records check request is required by this section presents proof	89511
of having been a resident of this state for the five-year period,	89512
the chief administrator may require the applicant or employee to	89513
request that the superintendent include information from the	89514
federal bureau of investigation in the criminal records check.	89515

(2) The chief administrator shall provide the following to	89516
each applicant and employee for whom a criminal records check is	89517
required by this section:	89518

(a) Information about accessing, completing, and forwarding	89519
to the superintendent of the bureau of criminal identification and	89520
investigation the form prescribed pursuant to division (C)(1) of	89521
section 109.572 of the Revised Code and the standard impression	89522
sheet prescribed pursuant to division (C)(2) of that section;	89523

(b) Written notification that the applicant or employee is to	89524
instruct the superintendent to submit the completed report of the	89525
criminal records check directly to the chief administrator.	89526

(3) A waiver agency shall pay to the bureau of criminal	89527
identification and investigation the fee prescribed pursuant to	89528
division (C)(3) of section 109.572 of the Revised Code for any	89529
criminal records check required by this section. However, a waiver	89530
agency may require an applicant to pay to the bureau the fee for a	89531
criminal records check of the applicant. If the waiver agency pays	89532
the fee for an applicant, it may charge the applicant a fee not	89533
exceeding the amount the waiver agency pays to the bureau under	89534
this section if the waiver agency notifies the applicant at the	89535
time of initial application for employment of the amount of the	89536
fee and that, unless the fee is paid, the applicant will not be	89537
considered for employment.	89538

(G)(1) A waiver agency may employ conditionally an applicant	89539
for whom a criminal records check is required by this section	89540
prior to obtaining the results of the criminal records check if	89541
both of the following apply:	89542

(a) The waiver agency is not prohibited by division (C)(1) of	89543
this section from employing the applicant in a position that	89544
involves providing home and community-based services.	89545

(b) The chief administrator of the waiver agency requires the	89546
applicant to request a criminal records check regarding the	89547
applicant in accordance with division (F)(1) of this section not	89548
later than five business days after the applicant begins	89549
conditional employment.	89550

(2) A waiver agency that employs an applicant conditionally	89551
under division (G)(1) of this section shall terminate the	89552
applicant's employment if the results of the criminal records	89553
check, other than the results of any request for information from	89554
the federal bureau of investigation, are not obtained within the	89555
period ending sixty days after the date the request for the	89556
criminal records check is made. Regardless of when the results of	89557
the criminal records check are obtained, if the results indicate	89558
that the applicant has been convicted of,or has pleaded guilty	89559
to~~, or has been found eligible for intervention in lieu of~~	89560
~~conviction for~~ a disqualifying offense, the waiver agency shall	89561
terminate the applicant's employment unless circumstances	89562
specified in rules ~~adopted under~~authorized by this section exist	89563
that permit the waiver agency to employ the applicant and the	89564
waiver agency chooses to employ the applicant.	89565

(H) The report of any criminal records check conducted	89566
pursuant to a request made under this section is not a public	89567
record for the purposes of section 149.43 of the Revised Code and	89568
shall not be made available to any person other than the	89569
following:	89570

(1) The applicant or employee who is the subject of the	89571
criminal records check or the representative of the applicant or	89572
employee;	89573

(2) The chief administrator of the waiver agency that	89574
requires the applicant or employee to request the criminal records	89575
check or the administrator's representative;	89576

(3) The medicaid director ~~of job and family services~~ and the	89577
staff of the department who are involved in the administration of	89578
the medicaid program;	89579

(4) The director of aging or the director's designee if the	89580
waiver agency also is a community-based long-term care ~~agency~~	89581
provider or community-based long-term care subcontractor;	89582

(5) An individual receiving or deciding whether to receive	89583
home and community-based services from the subject of the criminal	89584
records check;	89585

(6) A court, hearing officer, or other necessary individual	89586
involved in a case dealing with any of the following:	89587

(a) A denial of employment of the applicant or employee;

89588

(b) Employment or unemployment benefits of the applicant or	89589
employee;	89590

(c) A civil or criminal action regarding the medicaid	89591
program.	89592

(I) The medicaid director ~~of job and family services~~ shall	89593
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	89594
of the Revised Code to implement this section.	89595

(1) The rules may do the following:

89596

(a) Require employees to undergo database reviews and	89597
criminal records checks under this section;	89598

(b) If the rules require employees to undergo database	89599
reviews and criminal records checks under this section, exempt one	89600
or more classes of employees from the requirements;	89601

(c) For the purpose of division (E)(7) of this section,	89602
specify other databases that are to be checked as part of a	89603
database review conducted under this section.	89604

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

89605

(a) The procedures for conducting a database review under	89606
this section;	89607

(b) If the rules require employees to undergo database	89608
reviews and criminal records checks under this section, the times	89609
at which the database reviews and criminal records checks are to	89610
be conducted;	89611

(c) If the rules specify other databases to be checked as	89612
part of a database review, the circumstances under which a waiver	89613
agency is prohibited from employing an applicant or continuing to	89614
employ an employee who is found by the database review to be	89615
included in one or more of those databases;	89616

(d) The circumstances under which a waiver agency may employ	89617
an applicant or employee who is found by a criminal records check	89618
required by this section to have been convicted of,or have	89619
pleaded guilty to~~, or been found eligible for intervention in lieu~~	89620
~~of conviction for~~ a disqualifying offense.	89621

(J) The amendments made by H.B. 487 of the 129th general	89622
assembly to this section do not preclude the department of ~~job~~	89623
~~and family services~~medicaid from taking action against a person	89624
for failure to comply with former division (H) of this section as	89625
that division existed on the day preceding ~~the effective date of~~	89626
~~this amendment~~January 1, 2013.	89627

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	89628
means any person having at least five per cent ownership in a	89629
medicaid provider.	89630

(B)(1) No medicaid provider ~~of services or goods contracting~~	89631
~~with the department of job and family services pursuant to the~~	89632
~~medicaid program~~ shall~~, by~~do any of the following:	89633

(a) By deception, obtain or attempt to obtain payments under	89634
~~this chapter~~the medicaid program to which the provider is not	89635
entitled pursuant to the provider's provider agreement, or the	89636
rules of the federal government or the ~~department of job and~~	89637
~~family services~~medicaid director relating to the program~~. No~~	89638
~~provider shall willfully~~;	89639

(b) Willfully receive payments to which the provider is not	89640
entitled~~, or willfully~~;	89641

(c) Willfully receive payments in a greater amount than that	89642
to which the provider is entitled; ~~nor shall any provider falsify~~	89643

(d) Falsify any report or document required by state or	89644
federal law, rule, or provider agreement relating to medicaid	89645
payments. ~~As used in this section, a~~	89646

(2) A medicaid provider engages in "deception" for the	89647
purpose of this section when the provider, acting with actual	89648
knowledge of the representation or information involved, acting in	89649
deliberate ignorance of the truth or falsity of the representation	89650
or information involved, or acting in reckless disregard of the	89651
truth or falsity of the representation or information involved,	89652
deceives another or causes another to be deceived by any false or	89653
misleading representation, by withholding information, by	89654
preventing another from acquiring information, or by any other	89655
conduct, act, or omission that creates, confirms, or perpetuates a	89656
false impression in another, including a false impression as to	89657
law, value, state of mind, or other objective or subjective fact.	89658
No proof of specific intent to defraud is required to show, for	89659
purposes of this section, that a medicaid provider has engaged in	89660
deception.	89661

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	89662
this section shall be liable, in addition to any other penalties	89663
provided by law, for all of the following civil penalties:	89664

(1) Payment of interest on the amount of the excess payments	89665
at the maximum interest rate allowable for real estate mortgages	89666
under section 1343.01 of the Revised Code on the date the payment	89667
was made to the provider for the period from the date upon which	89668
payment was made, to the date upon which repayment is made to the	89669
state;	89670

(2) Payment of an amount equal to three times the amount of	89671
any excess payments;	89672

(3) Payment of a sum of not less than five thousand dollars	89673
and not more than ten thousand dollars for each deceptive claim or	89674
falsification;	89675

(4) All reasonable expenses which the court determines have	89676
been necessarily incurred by the state in the enforcement of this	89677
section.	89678

~~(C) As used in this division, "intermediate care facility for~~	89679
~~the mentally retarded" and "nursing facility" have the same~~	89680
~~meanings given in section 5111.20 of the Revised Code.~~	89681

(D) In addition to the civil penalties provided in division	89682
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	89683
~~services~~, upon the conviction of, or the entry of a judgment in	89684
either a criminal or civil action against, a medicaid provider or	89685
its owner, officer, authorized agent, associate, manager, or	89686
employee in an action brought pursuant to section 109.85 of the	89687
Revised Code, shall terminate the provider's provider agreement	89688
~~between the department and the provider~~ and stop ~~reimbursement~~	89689
payment to the provider for medicaid services rendered from the	89690
date of conviction or entry of judgment. ~~As used in this division,~~	89691
~~"owner" means any person having at least five per cent ownership~~	89692
~~in the medicaid provider.~~ No such medicaid provider, owner,	89693
officer, authorized agent, associate, manager, or employee shall	89694
own or provide medicaid services to any other medicaid provider or	89695
risk contractor or arrange for, render, or order medicaid services	89696
for medicaid recipients, nor shall such provider, owner, officer,	89697
authorized agent, associate, manager, or employee receive	89698
~~reimbursement in the form of~~ direct payments ~~from the department~~	89699
under the medicaid program or indirect payments of medicaid funds	89700
in the form of salary, shared fees, contracts, kickbacks, or	89701
rebates from or through any ~~participating~~other medicaid provider	89702
or risk contractor. The provider agreement shall not be terminated	89703
~~or reimbursement~~, and payment shall not be terminated, if the	89704
medicaid provider or owner can demonstrate that the provider or	89705
owner did not directly or indirectly sanction the action of its	89706
authorized agent, associate, manager, or employee that resulted in	89707
the conviction or entry of a judgment in a criminal or civil	89708
action brought pursuant to section 109.85 of the Revised Code.	89709
Nothing in this division prohibits any owner, officer, authorized	89710
agent, associate, manager, or employee of a medicaid provider from	89711
entering into a ~~medicaid~~ provider agreement if the person can	89712
demonstrate that the person had no knowledge of an action of the	89713
medicaid provider the person was formerly associated with that	89714
resulted in the conviction or entry of a judgment in a criminal or	89715
civil action brought pursuant to section 109.85 of the Revised	89716
Code.	89717

Nursing facility ~~or intermediate care facility for the~~	89718
~~mentally retarded~~and ICF/MR providers whose provider agreements	89719
are terminated pursuant to this section may continue to receive	89720
~~reimbursement~~medicaid payments for up to thirty days after the	89721
effective date of the termination if the provider makes reasonable	89722
efforts to transfer medicaid recipients to another facility or to	89723
alternate care and if federal ~~funds are~~financial participation is	89724
provided for ~~such reimbursement~~the payments.	89725

~~(D) For any reason permitted or required by federal law, the~~	89726
~~director of job and family services may deny a provider agreement~~	89727
~~or terminate a provider agreement.~~	89728

~~For any reason permitted or required by federal law, the~~	89729
~~director may exclude an individual, provider of services or goods,~~	89730
~~or other entity from participation in the medicaid program. No~~	89731
~~individual, provider, or entity excluded under this division shall~~	89732
~~own or provide services to any other medicaid provider or risk~~	89733
~~contractor or arrange for, render, or order services for medicaid~~	89734
~~recipients during the period of exclusion, nor, during the period~~	89735
~~of exclusion, shall such individual, provider, or entity receive~~	89736
~~reimbursement in the form of direct payments from the department~~	89737
~~or indirect payments of medicaid funds in the form of salary,~~	89738
~~shared fees, contracts, kickbacks, or rebates from or through any~~	89739
~~participating provider or risk contractor. An excluded individual,~~	89740
~~provider, or entity may request a reconsideration of the~~	89741
~~exclusion. The director shall adopt rules in accordance with~~	89742
~~Chapter 119. of the Revised Code governing the process for~~	89743
~~requesting a reconsideration.~~	89744

~~Nothing in this division limits the applicability of section~~	89745
~~5111.06 of the Revised Code to a medicaid provider.~~	89746

~~(E) Any provider of services or goods contracting with the~~	89747
~~department of job and family services pursuant to Title XIX of the~~	89748
~~"Social Security Act," who, without intent, obtains payments under~~	89749
~~this chapter in excess of the amount to which the provider is~~	89750
~~entitled, thereby becomes liable for payment of interest on the~~	89751
~~amount of the excess payments at the maximum real estate mortgage~~	89752
~~rate on the date the payment was made to the provider for the~~	89753
~~period from the date upon which payment was made to the date upon~~	89754
~~which repayment is made to the state.~~	89755

~~(F)~~(E) The attorney general on behalf of the state may	89756
commence proceedings to enforce this section in any court of	89757
competent jurisdiction; and the attorney general may settle or	89758
compromise any case brought under this section with the approval	89759
of the department of ~~job and family services~~medicaid.	89760
Notwithstanding any other provision of law providing a shorter	89761
period of limitations, the attorney general may commence a	89762
proceeding to enforce this section at any time within six years	89763
after the conduct in violation of this section terminates.	89764

~~(G) The authority, under state and federal law, of the~~	89765
~~department of job and family services or a county department of~~	89766
~~job and family services to recover excess payments made to a~~	89767
~~provider is not limited by the availability of remedies under~~	89768
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	89769
~~benefits paid on behalf of recipients of medical assistance.~~	89770

~~The penalties under this chapter apply to any overpayment,~~	89771
~~billing, or falsification occurring on and after April 24, 1978.~~	89772
(F) All moneys collected by the state pursuant to this section	89773
shall be deposited in the state treasury to the credit of the	89774
general revenue fund.	89775

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

89776

(1) "~~Creditable~~Credible allegation of fraud" has the same	89777
meaning as in 42 C.F.R. 455.2, except that for purposes of this	89778
section any reference in that regulation to the "state" or the	89779
"state medicaid agency" means the department of ~~job and family~~	89780
~~services~~medicaid.	89781

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	89782
~~the Revised Code.~~	89783

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	89784
5164.37 of the Revised Code.	89785

(B)(1) Except as provided in division (C) of this section and	89786
in rules ~~adopted~~authorized by ~~the department of job and family~~	89787
~~services under division (J) of~~ this section, on determining there	89788
is a ~~creditable~~credible allegation of fraud for which an	89789
investigation is pending under the medicaid program against a	89790
medicaid provider, the department of medicaid shall suspend the	89791
provider agreement held by the provider. Subject to division (C)	89792
of this section, the department shall also terminate medicaid	89793
~~reimbursement~~payments to the provider for services rendered.	89794

(2)(a) The suspension shall continue in effect until either	89795
of the following is the case:	89796

(i) The department or a prosecuting authority determines that	89797
there is insufficient evidence of fraud by the medicaid provider;	89798

(ii) The proceedings in any related criminal case are	89799
completed through dismissal of the indictment or through	89800
conviction, entry of a guilty plea, or finding of not guilty.	89801

(b) If the department commences a process to terminate the	89802
suspended provider agreement, the suspension shall also continue	89803
in effect until the termination process is concluded.	89804

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	89805
~~department is not required to take action under division (B)(1) of~~	89806
~~this section by issuing an order pursuant to an adjudication in~~	89807
~~accordance with Chapter 119. of the Revised Code.~~	89808

~~(4)~~ When subject to a suspension under this section, a	89809
medicaid provider, owner, officer, authorized agent, associate,	89810
manager, or employee shall not own or provide services to any	89811
other medicaid provider or risk contractor or arrange for, render,	89812
or order services to any other medicaid provider or risk	89813
contractor or arrange for, render, or order services for medicaid	89814
recipients during the period of suspension. During the period of	89815
suspension, the provider, owner, officer, authorized agent,	89816
associate, manager, or employee shall not receive ~~reimbursement in~~	89817
~~the form of~~ direct payments ~~from the department~~under the medicaid	89818
program or indirect payments of medicaid funds in the form of	89819
salary, shared fees, contracts, kickbacks, or rebates from or	89820
through any ~~participating~~other medicaid provider or risk	89821
contractor.	89822

(C) The department shall not suspend a provider agreement or	89823
terminate medicaid ~~reimbursement~~payments under division (B) of	89824
this section if the medicaid provider or owner can demonstrate	89825
through the submission of written evidence that the provider or	89826
owner did not directly or indirectly sanction the action of its	89827
authorized agent, associate, manager, or employee that resulted in	89828
the ~~creditable~~credible allegation of fraud.	89829

(D) The termination of medicaid ~~reimbursement~~payment under	89830
division (B) of this section applies only to payments for medicaid	89831
services rendered subsequent to the date on which the notice	89832
required by division (E) of this section is sent. Claims for	89833
~~reimbursement~~payment of medicaid services rendered by the	89834
medicaid provider prior to the issuance of the notice may be	89835
subject to prepayment review procedures whereby the department	89836
reviews claims to determine whether they are supported by	89837
sufficient documentation, are in compliance with state and federal	89838
statutes and rules, and are otherwise complete.	89839

(E) After suspending a provider agreement under division (B)	89840
of this section, the department shall, as specified in 42 C.F.R.	89841
455.23(b), send notice of the suspension to the affected medicaid	89842
provider or owner in accordance with the following timeframes:	89843

(1) Not later than five days after the suspension, unless a	89844
law enforcement agency makes a written request to temporarily	89845
delay the notice;	89846

(2) If a law enforcement agency makes a written request to	89847
temporarily delay the notice, not later than thirty days after the	89848
suspension occurs subject to the conditions specified in division	89849
(F) of this section.	89850

(F) A written request for a temporary delay described in	89851
division (E)(2) of this section may be renewed in writing by a law	89852
enforcement agency not more than two times except that under no	89853
circumstances shall the notice be issued more than ninety days	89854
after the suspension occurs.	89855

(G) The notice required by division (E) of this section shall	89856
do all of the following:	89857

(1) State that payments are being suspended in accordance	89858
with this section and 42 C.F.R. 455.23;	89859

(2) Set forth the general allegations related to the nature	89860
of the conduct leading to the suspension, except that it is not	89861
necessary to disclose any specific information concerning an	89862
ongoing investigation;	89863

(3) State that the suspension continues to be in effect until	89864
either of the following is the case:	89865

(a) The department or a prosecuting authority determines that	89866
there is insufficient evidence of fraud by the provider;	89867

(b) The proceedings in any related criminal case are	89868
completed through dismissal of the indictment or through	89869
conviction, entry of a guilty plea, or finding of not guilty and,	89870
if the department commences a process to terminate the suspended	89871
provider agreement, until the termination process is concluded.	89872

(4) Specify, if applicable, the type or types of medicaid	89873
claims or business units of the medicaid provider that are	89874
affected by the suspension;	89875

(5) Inform the medicaid provider or owner of the opportunity	89876
to submit to the department, not later than thirty days after	89877
receiving the notice, a request for reconsideration of the	89878
suspension in accordance with division (H) of this section.	89879

(H)(1) Pursuant to the procedure specified in division (H)(2)	89880
of this section, a medicaid provider or owner subject to a	89881
suspension under this section may request a reconsideration of the	89882
suspension. The request shall be made not later than thirty days	89883
after receipt of a notice required by division (E) of this	89884
section. The reconsideration is not subject to an adjudication	89885
hearing pursuant to Chapter 119. of the Revised Code.	89886

(2) In requesting a reconsideration, the medicaid provider or	89887
owner shall submit written information and documents to the	89888
department. The information and documents may pertain to any of	89889
the following issues:	89890

(a) Whether the determination to suspend the provider	89891
agreement was based on a mistake of fact, other than the validity	89892
of an indictment in a related criminal case.	89893

(b) If there has been an indictment in a related criminal	89894
case, whether any offense charged in the indictment resulted from	89895
an offense specified in division (E) of section ~~5111.031~~5164.37	89896
of the Revised Code.	89897

(c) Whether the provider or owner can demonstrate that the	89898
provider or owner did not directly or indirectly sanction the	89899
action of its authorized agent, associate, manager, or employee	89900
that resulted in the suspension under this section or an	89901
indictment in a related criminal case.	89902

(I) The department shall review the information and documents	89903
submitted in a request made under division (H) of this section for	89904
reconsideration of a suspension. After the review, the suspension	89905
may be affirmed, reversed, or modified, in whole or in part. The	89906
department shall notify the affected provider or owner of the	89907
results of the review. The review and notification of its results	89908
shall be completed not later than forty-five days after receiving	89909
the information and documents submitted in a request for	89910
reconsideration.	89911

(J) ~~The department may adopt rules in accordance with Chapter~~	89912
~~119. of the Revised Code to implement this section. The rules~~	89913
Rules adopted under section 5164.02 of the Revised Code may	89914
specify circumstances under which the department would not suspend	89915
a provider agreement pursuant to this section.	89916

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

89917

(1) "Independent provider" has the same meaning as in section	89918
~~5111.034~~5164.341 of the Revised Code.	89919

(2) ~~"Intermediate care facility for the mentally retarded"~~	89920
~~and "nursing facility" have the same meanings as in section~~	89921
~~5111.20 of the Revised Code.~~	89922

~~(3)~~ "Noninstitutional medicaid provider" means any person or	89923
entity with a ~~medicaid~~ provider agreement other than a hospital,	89924
nursing facility, or ~~intermediate care facility for the mentally~~	89925
~~retarded~~ICF/MR.	89926

~~(4)~~(3) "Owner" means any person having at least five per cent	89927
ownership in a noninstitutional medicaid provider.	89928

(B) Notwithstanding any provision of this chapter to the	89929
contrary, the department of ~~job and family services~~medicaid shall	89930
take action under this section against a noninstitutional medicaid	89931
provider or its owner, officer, authorized agent, associate,	89932
manager, or employee.	89933

(C) Except as provided in division (D) of this section and in	89934
rules ~~adopted~~authorized by ~~the department under division (H) of~~	89935
this section, on receiving notice and a copy of an indictment that	89936
is issued on or after September 29, 2007, and charges a	89937
noninstitutional medicaid provider or its owner, officer,	89938
authorized agent, associate, manager, or employee with committing	89939
an offense specified in division (E) of this section, the	89940
department shall suspend the provider agreement held by the	89941
noninstitutional medicaid provider. Subject to division (D) of	89942
this section, the department shall also terminate medicaid	89943
~~reimbursement~~payments to the provider for medicaid services	89944
rendered.	89945

The suspension shall continue in effect until the proceedings	89946
in the criminal case are completed through dismissal of the	89947
indictment or through conviction, entry of a guilty plea, or	89948
finding of not guilty. If the department commences a process to	89949
terminate the suspended provider agreement, the suspension shall	89950
also continue in effect until the termination process is	89951
concluded.	89952

~~Pursuant to section 5111.06 of the Revised Code, the~~	89953
~~department is not required to take action under this division by~~	89954
~~issuing an order pursuant to an adjudication conducted in~~	89955
~~accordance with Chapter 119. of the Revised Code.~~	89956

When subject to a suspension under this division, a provider,	89957
owner, officer, authorized agent, associate, manager, or employee	89958
shall not own or provide medicaid services to any other medicaid	89959
provider or risk contractor or arrange for, render, or order	89960
medicaid services for medicaid recipients during the period of	89961
suspension. During the period of suspension, the provider, owner,	89962
officer, authorized agent, associate, manager, or employee shall	89963
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	89964
under the ~~department~~medicaid program or indirect payments of	89965
medicaid funds in the form of salary, shared fees, contracts,	89966
kickbacks, or rebates from or through any ~~participating~~other	89967
medicaid provider or risk contractor.	89968

(D)(1) The department shall not suspend a provider agreement	89969
or terminate medicaid ~~reimbursement~~payments under division (C) of	89970
this section if the provider or owner can demonstrate through the	89971
submission of written evidence that the provider or owner did not	89972
directly or indirectly sanction the action of its authorized	89973
agent, associate, manager, or employee that resulted in the	89974
indictment.	89975

(2) The termination of medicaid ~~reimbursement~~payments	89976
applies only to payments for medicaid services rendered subsequent	89977
to the date on which the notice required under division (F) of	89978
this section is sent. Claims for ~~reimbursement~~payment for	89979
medicaid services rendered by the provider prior to the issuance	89980
of the notice may be subject to prepayment review procedures	89981
whereby the department reviews claims to determine whether they	89982
are supported by sufficient documentation, are in compliance with	89983
state and federal statutes and rules, and are otherwise complete.	89984

(E)(1) In the case of a noninstitutional medicaid provider	89985
that is not an independent provider, the suspension of a provider	89986
agreement under division (C) of this section applies when an	89987
indictment charges a person with committing an act that would be a	89988
felony or misdemeanor under the laws of this state and the act	89989
relates to or results from either of the following:	89990

(a) Furnishing or billing for ~~medical care,~~medicaid	89991
services~~, or supplies~~ under the medicaid program;	89992

(b) Participating in the performance of management or	89993
administrative services relating to furnishing ~~medical care,~~	89994
medicaid services~~, or supplies~~ under the medicaid program.	89995

(2) In the case of a noninstitutional medicaid provider that	89996
is an independent provider, the suspension of a provider agreement	89997
under division (C) of this section applies when an indictment	89998
charges a person with committing an act that would constitute a	89999
disqualifying offense as defined in section ~~5111.032~~5164.34 of	90000
the Revised Code.	90001

(F) Not later than five days after suspending a provider	90002
agreement under division (C) of this section, the department shall	90003
send notice of the suspension to the affected provider or owner.	90004
In providing the notice, the department shall do all of the	90005
following:	90006

(1) Describe the indictment that was the cause of the	90007
suspension, without necessarily disclosing specific information	90008
concerning any ongoing civil or criminal investigation;	90009

(2) State that the suspension will continue in effect until	90010
the proceedings in the criminal case are completed through	90011
dismissal of the indictment or through conviction, entry of a	90012
guilty plea, or finding of not guilty and, if the department	90013
commences a process to terminate the suspended provider agreement,	90014
until the termination process is concluded;	90015

(3) Inform the provider or owner of the opportunity to submit	90016
to the department, not later than thirty days after receiving the	90017
notice, a request for a reconsideration pursuant to division (G)	90018
of this section.	90019

(G)(1) Pursuant to the procedure specified in division (G)(2)	90020
of this section, a noninstitutional medicaid provider or owner	90021
subject to a suspension under this section may request a	90022
reconsideration. The request shall be made not later than thirty	90023
days after receipt of the notice provided under division (F) of	90024
this section. The reconsideration is not subject to an	90025
adjudication hearing pursuant to Chapter 119. of the Revised Code.	90026

(2) In requesting a reconsideration, the provider or owner	90027
shall submit written information and documents to the department.	90028
The information and documents may pertain to any of the following	90029
issues:	90030

(a) Whether the determination to suspend the provider	90031
agreement was based on a mistake of fact, other than the validity	90032
of the indictment;	90033

(b) Whether any offense charged in the indictment resulted	90034
from an offense specified in division (E) of this section;	90035

(c) Whether the provider or owner can demonstrate that the	90036
provider or owner did not directly or indirectly sanction the	90037
action of its authorized agent, associate, manager, or employee	90038
that resulted in the indictment.	90039

(3) The department shall review the information and documents	90040
submitted in a request for reconsideration. After the review, the	90041
suspension may be affirmed, reversed, or modified, in whole or in	90042
part. The department shall notify the affected provider or owner	90043
of the results of the review. The review and notification of its	90044
results shall be completed not later than forty-five days after	90045
receiving the information and documents submitted in a request for	90046
reconsideration.	90047

(H) ~~The department may adopt rules in accordance with Chapter~~	90048
~~119. of the Revised Code to implement this section. The rules~~	90049
Rules adopted under section 5164.02 of the Revised Code may	90050
specify circumstances under which the department would not suspend	90051
a provider agreement pursuant to this section.	90052

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	90053
~~sections 5111.061 and 5111.063 of the Revised Code~~:	90054

~~(a) "Provider" means any person, institution, or entity that~~	90055
~~furnishes medicaid services under a provider agreement with the~~	90056
~~department of job and family services pursuant to Title XIX of the~~	90057
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	90058
~~amended.~~	90059

~~(b) "Party" has the same meaning as in division (G) of~~	90060
~~section 119.01 of the Revised Code.~~	90061

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	90062
of section 119.01 of the Revised Code.	90063

(2) "Party" has the same meaning as in division (G) of	90064
section 119.01 of the Revised Code.	90065

(3) "Revalidate" means to approve a medicaid provider's	90066
continued enrollment as a medicaid provider in accordance with the	90067
revalidation process established in rules authorized by section	90068
5164.32 of the Revised Code.	90069

(B) This section does not apply to either of the following:

90070

~~(a)~~(1) Any action taken or decision made by the department of	90071
~~job and family services~~medicaid with respect to entering into or	90072
refusing to enter into a contract with a managed care organization	90073
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	90074

~~(b)~~(2) Any action taken by the department under sections	90075
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	90076

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	90077
and section ~~5111.914~~5164.58 of the Revised Code, the department	90078
shall do ~~either~~any of the following by issuing an order pursuant	90079
to an adjudication conducted in accordance with Chapter 119. of	90080
the Revised Code:	90081

(1) Enter into or refuse to enter into a provider agreement	90082
with a medicaid provider~~, or suspend,~~;	90083

(2) Revalidate or refuse to revalidate a medicaid provider's	90084
provider agreement;	90085

(3) Suspend or terminate~~, renew, or refuse to renew an~~	90086
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	90087

~~(2)~~(4) Take any action based upon a final fiscal audit of a	90088
medicaid provider.	90089

~~(C)~~(D) Any party who is adversely affected by the issuance of	90090
an adjudication order under division ~~(B)~~(C) of this section may	90091
appeal to the court of common pleas of Franklin county in	90092
accordance with section 119.12 of the Revised Code.	90093

~~(D)~~(E) The department is not required to comply with division	90094
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	90095
following occur:	90096

(1) The terms of a provider agreement require the medicaid	90097
provider to hold a license, permit, or certificate or maintain a	90098
certification issued by an official, board, commission,	90099
department, division, bureau, or other agency of state or federal	90100
government other than the department of ~~job and family services~~	90101
medicaid, and the license, permit, certificate, or certification	90102
has been denied, revoked, not renewed, suspended, or otherwise	90103
limited.	90104

(2) The terms of a provider agreement require the medicaid	90105
provider to hold a license, permit, or certificate or maintain	90106
certification issued by an official, board, commission,	90107
department, division, bureau, or other agency of state or federal	90108
government other than the department of ~~job and family services~~	90109
medicaid, and the provider has not obtained the license, permit,	90110
certificate, or certification.	90111

(3) The medicaid provider's application for a provider	90112
agreement is denied, or the provider's provider agreement is	90113
terminated, or not ~~renewed due~~revalidated, because of or	90114
pursuant to ~~the~~any of the following:	90115

(a) The termination, refusal to renew, or denial of a	90116
license, permit, certificate, or certification by an official,	90117
board, commission, department, division, bureau, or other agency	90118
of this state other than the department of ~~job and family services~~	90119
medicaid, notwithstanding the fact that the provider may hold a	90120
license, permit, certificate, or certification from an official,	90121
board, commission, department, division, bureau, or other agency	90122
of another state.	90123

~~(4) The provider agreement is denied, terminated, or not~~	90124
~~renewed pursuant to division (C)~~;	90125

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	90126
Revised Code.	90127

~~(5) The provider agreement is denied, terminated, or not~~	90128
~~renewed due to the~~;	90129

(c) The provider's termination, suspension, or exclusion from	90130
the medicare program ~~established under Title XVIII of the "Social~~	90131
~~Security Act"~~ or from another state's medicaid program and, in	90132
either case, the termination, suspension, or exclusion is binding	90133
on the provider's participation in the medicaid program in this	90134
state.	90135

~~(6) The provider agreement is denied, terminated, or not~~	90136
~~renewed due to the~~;	90137

(d) The provider's pleading guilty to or being convicted of a	90138
criminal activity materially related to either the medicare or	90139
medicaid program;	90140

(e) The provider or its owner, officer, authorized agent,	90141
associate, manager, or employee having been convicted of one of	90142
the offenses that caused the provider's provider agreement to be	90143
suspended pursuant to section 5164.36 of the Revised Code;	90144

(f) The provider's failure to provide the department the	90145
national provider identifier assigned the provider by the national	90146
provider system pursuant to 45 C.F.R. 162.408.	90147

~~(7)~~(4) The medicaid provider's application for a provider	90148
agreement is denied, or the provider's provider agreement is	90149
terminated, or suspended, as a result of action by the United	90150
States department of health and human services and that action is	90151
binding on the provider's medicaid participation ~~in the medicaid~~	90152
~~program~~.	90153

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	90154
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	90155
provider agreement is suspended and payments to the provider are	90156
suspended pending indictment of the provider.	90157

~~(9) The provider agreement is denied, terminated, or not~~	90158
~~renewed because the provider or its owner, officer, authorized~~	90159
~~agent, associate, manager, or employee has been convicted of one~~	90160
~~of the offenses that caused the provider agreement to be suspended~~	90161
~~pursuant to section 5111.031 of the Revised Code.~~	90162

~~(10)~~(6) The medicaid provider's application for a provider	90163
agreement is denied because the provider's application was not	90164
complete;	90165

(7) The medicaid provider's provider agreement is converted	90166
under section ~~5111.028~~5164.32 of the Revised Code from a	90167
provider agreement that is not time-limited to a provider	90168
agreement that is time-limited.	90169

~~(11) The provider agreement is terminated or an application~~	90170
~~for re-enrollment is denied because the provider has failed to~~	90171
~~apply for re-enrollment within the time or in the manner specified~~	90172
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	90173
facility or ICF/MR, the provider's provider agreement is not	90174
revalidated pursuant to division (B)(1) of section ~~5111.028~~	90175
5164.32 of the Revised Code.	90176

~~(12)~~(9) The medicaid provider's provider agreement is	90177
suspended or, terminated, or ~~an application for enrollment or~~	90178
~~re-enrollment is denied, for any~~not revalidated because of either	90179
of the following:	90180

(a) Any reason authorized or required by one or more of the	90181
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	90182
455.450.	90183

~~(13) The provider agreement is terminated or not renewed~~	90184
~~because the~~;	90185

(b) The provider has not billed or otherwise submitted a	90186
medicaid claim ~~to the department~~ for two years or longer.	90187

~~(14) The provider agreement is denied, terminated, or not~~	90188
~~renewed because the provider fails to provide to the department~~	90189
~~the national provider identifier assigned the provider by the~~	90190
~~national provider system pursuant to 45 C.F.R. 162.408.~~	90191

(F) In the case of a medicaid provider described in division	90192
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	90193
department may take its ~~proposed~~ action ~~against a provider~~	90194
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	90195
the provider. The notice shall be sent to the medicaid provider's	90196
address on record with the department. The notice may be sent by	90197
regular mail.	90198

~~(E)~~(G) The department may withhold payments for medicaid	90199
services rendered by a medicaid provider ~~under the medicaid~~	90200
~~program~~ during the pendency of proceedings initiated under	90201
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	90202
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	90203
section, the department may withhold payments only to the extent	90204
that they equal amounts determined in a final fiscal audit as	90205
being due the state. This division does not apply if the	90206
department fails to comply with section 119.07 of the Revised	90207
Code, requests a continuance of the hearing, or does not issue a	90208
decision within thirty days after the hearing is completed. This	90209
division does not apply to nursing facilities and ~~intermediate~~	90210
~~care facilities for the mentally retarded as defined in section~~	90211
~~5111.20 of the Revised Code~~ICFs/MR.	90212

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	90213
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	90214
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	90215
~~this chapter~~state statute governing the medicaid program that	90216
requires the department to give notice of an opportunity for a	90217
hearing in accordance with Chapter 119. of the Revised Code, if	90218
the department gives notice of the opportunity for a hearing but	90219
the medicaid provider or other entity subject to the notice does	90220
not request a hearing or timely request a hearing in accordance	90221
with section 119.07 of the Revised Code, the department is not	90222
required to hold a hearing. The medicaid director ~~of job and~~	90223
~~family service~~ may proceed by issuing a final adjudication order	90224
in accordance with Chapter 119. of the Revised Code.	90225

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	90226
~~services~~medicaid may contract with any person or persons as a	90227
fiscal agent for the examination, processing, and determination of	90228
~~medical assistance~~medicaid claims ~~under this chapter~~. The	90229
contracting party may provide any of the following services, as	90230
required by the contract:	90231

(1) Design and operate medicaid management information	90232
systems, including the provision of data processing services;	90233

(2) Determine the amounts of payments to be made upon claims	90234
for ~~medical assistance~~medicaid;	90235

(3) Prepare and furnish to the department lists and computer	90236
tapes of such claims for payment;	90237

(4) In addition to audits which may be conducted by the	90238
department and by the auditor of state, make audits of providers	90239
and the claims of medicaid providers ~~of medical assistance~~	90240
according to the standards set forth in the contract;	90241

(5) Assist medicaid providers ~~of medical assistance~~ in the	90242
development of procedures relating to utilization practices, make	90243
studies of the effectiveness of such procedures and methods for	90244
their improvement, implement and enforce standards of medical	90245
policy, and assist in the application of safeguards against	90246
unnecessary utilization;	90247

(6) Assist any institution, facility, or agency to qualify as	90248
a medicaid provider ~~of medical assistance~~;	90249

(7) Establish and maintain fiscal records for the ~~medical~~	90250
~~assistance~~medicaid program;	90251

(8) Perform statistical and research studies;

90252

(9) Develop and implement programs for ~~medical assistance~~	90253
medicaid cost containment;	90254

(10) Perform such other duties as are necessary to carry out	90255
the ~~medical assistance~~medicaid program.	90256

(B) The department ~~of job and family services~~ may contract	90257
with any person or persons as an insuring agent for the	90258
examination, processing, and determination of ~~medical assistance~~	90259
medicaid claims, as provided in division (A) of this section, and	90260
for the payment of ~~medical assistance~~medicaid claims through an	90261
underwritten program in which the state pays the insuring agent a	90262
monthly premium and the insuring agent pays for ~~medical~~medicaid	90263
services ~~authorized under the state's medical assistance program~~.	90264
The person with whom the department contracts, with respect to the	90265
awarding, provisions, and performance of such contract, shall not	90266
be subject to the provisions of Title XXXIX of the Revised Code or	90267
to regulation by the department of insurance, nor to taxation as	90268
an insurance company pursuant to section 5725.18 or 5729.03 of the	90269
Revised Code. A contract with an insuring agent shall specify the	90270
qualifications, including capital and surplus requirements, and	90271
other conditions with which the insuring agent must comply.	90272

(C) In entering into a contract under this section, the	90273
department, in cooperation with the director of budget and	90274
management, shall determine that the contracting party is	90275
qualified to perform the required services and shall follow	90276
applicable procedures required of the department of administrative	90277
services in sections 125.07 to 125.11 of the Revised Code. A	90278
contract shall be awarded to the bidder who, with due	90279
consideration to the bidder's experience and financial capability,	90280
offers the lowest and best bid to the state for control of the	90281
costs of the ~~medical assistance~~medicaid program consistent with	90282
meeting the obligations under that program for fair and equitable	90283
treatment of medicaid recipients and medicaid providers ~~of medical~~	90284
~~services~~. Any arrangement whereby funds are paid to an insuring or	90285
fiscal agent for administrative functions under this section	90286
shall, for the purposes of section 125.081 of the Revised Code, be	90287
deemed to be a contract or purchase by the department of	90288
administrative services; however, money to be used by an insuring	90289
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	90290
~~state's medical assistance program~~ shall not be deemed a contract	90291
or purchase within the meaning of such section.	90292

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	90293
"electronic claims submission process" means any of the following:	90294

(1) Electronic interchange of data;

90295

(2) Direct entry of data through an internet-based mechanism	90296
implemented by the department of ~~job and family services~~medicaid;	90297

(3) Any other process for the electronic submission of claims	90298
that is specified in rules adopted under ~~this~~ section 5162.02 of	90299
the Revised Code.	90300

(B) Not later than January 1, 2013, and except as provided in	90301
division (C) of this section, each medicaid provider ~~of services~~	90302
~~to medicaid recipients~~ shall do both of the following:	90303

(1) Use only an electronic claims submission process to	90304
submit to the department of ~~job and family services~~medicaid	90305
claims for medicaid ~~reimbursement~~payment for medicaid services	90306
provided to medicaid recipients;	90307

(2) Arrange to receive medicaid ~~reimbursement~~payment from	90308
the department by means of electronic funds transfer.	90309

(C) Division (B) of this section does not apply to any of the	90310
following:	90311

(1) A nursing facility~~, as defined in section 5111.20 of the~~	90312
~~Revised Code~~;	90313

(2) An ~~intermediate care facility for the mentally retarded,~~	90314
~~as defined in section 5111.20 of the Revised Code~~ICF/MR;	90315

(3) A medicaid managed care organization ~~under contract with~~	90316
~~the department pursuant to section 5111.17 of the Revised Code~~;	90317

(4) Any other medicaid provider or type of medicaid provider	90318
designated in rules adopted under ~~this~~ section 5162.02 of the	90319
Revised Code.	90320

(D) The department shall not process a medicaid claim	90321
submitted on or after January 1, 2013, unless the claim is	90322
submitted through an electronic claims submission process in	90323
accordance with this section.	90324

~~(E) The director of job and family services may adopt rules~~	90325
~~in accordance with Chapter 119. of the Revised Code as the~~	90326
~~director considers necessary to implement this section.~~	90327

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

90328

~~(1) "Federal financial participation" means the federal~~	90329
~~government's share of expenditures made by an entity in~~	90330
~~implementing the medicaid program.~~	90331

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	90332
known as the Ohio children's hospital solutions for patient	90333
safety, which was formed for the purpose of improving pediatric	90334
patient care in this state, which performs functions that are	90335
included within the functions of a peer review committee as	90336
defined in section 2305.25 of the Revised Code, and which consists	90337
of all of the following members: Akron children's hospital,	90338
Cincinnati children's hospital medical center, Cleveland clinic	90339
children's hospital, Dayton children's medical center, mercy	90340
children's hospital, nationwide children's hospital, rainbow	90341
babies & children's hospital, and Toledo children's hospital.	90342

(B) If, as authorized by section ~~5101.10~~5160.10 of the	90343
Revised Code, the ~~department of job and family services~~medicaid	90344
director chooses to contract with a person to perform either or	90345
both of the following services, itthe director may contract with	90346
any qualified person, including OCHSPS, to perform the service or	90347
services on ~~the department's~~ behalf of the department of medicaid:	90348

(1) Review and analyze claims for ~~medical assistance made~~	90349
~~under this chapter~~medicaid services provided to children in	90350
accordance with all state and federal laws governing the	90351
confidentiality of patient-identifying information;	90352

(2) Perform quality assurance and quality review functions,	90353
other than those described in division (B)(1) of this section,	90354
related to ~~medical assistance made under this chapter~~medicaid	90355
services provided to children.	90356

The functions specified in division (B)(2) of this section	90357
may include those recommended by the best evidence for advancing	90358
child health in Ohio now (BEACON) council.	90359

(C) If the ~~department~~director enters into a contract with	90360
OCHSPS for OCHSPS to perform either or both of the services	90361
described in division (B) of this section, OCHSPS shall, only for	90362
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	90363
considered a public entity and the ~~department~~director shall seek	90364
federal financial participation for costs incurred by OCHSPS in	90365
performing the service or services.	90366

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	90367
~~family services~~ may ~~submit a medicaid state plan amendment or~~	90368
~~request for a federal waiver to the United States secretary of~~	90369
~~health and human services as necessary to~~ implement~~, at the~~	90370
~~director's discretion,~~ a system under which medicaid payments for	90371
~~medical assistance provided under the~~ medicaid ~~program~~services	90372
are made to an organization on behalf of ~~the~~medicaid providers of	90373
~~the medical assistance~~. The system may not provide for an	90374
organization to receive an amount that exceeds, in aggregate, the	90375
amount the ~~department~~medicaid program would have paid directly to	90376
~~the~~medicaid providers if not for this section.	90377

Sec. 5164.55. The department of medicaid may conduct final	90378
fiscal audits of medicaid providers in accordance with the	90379
applicable requirements set forth in federal laws and regulations	90380
and determine any amounts the provider may owe the state. When	90381
conducting final fiscal audits, the department shall consider	90382
generally accepted auditing standards, which include the use of	90383
statistical sampling.	90384

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	90385
amount determined to be owed the state by a final fiscal audit	90386
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	90387
the Revised Code, upon the issuance of an adjudication order	90388
pursuant to Chapter 119. of the Revised Code that contains a	90389
finding that there is a preponderance of the evidence that ~~the~~a	90390
medicaid provider will liquidate assets or file bankruptcy in	90391
order to prevent payment of the amount determined to be owed the	90392
state, becomes a lien upon the real and personal property of the	90393
provider. Upon failure of the provider to pay the amount to the	90394
state, the medicaid director ~~of job and family services~~ shall file	90395
notice of the lien, for which there shall be no charge, in the	90396
office of the county recorder of the county in which it is	90397
ascertained that the provider owns real or personal property. The	90398
director shall notify the provider by mail of the lien, but	90399
absence of proof that the notice was sent does not affect the	90400
validity of the lien. The lien is not valid as against the claim	90401
of any mortgagee, pledgee, purchaser, judgment creditor, or other	90402
lienholder of record at the time the notice is filed.	90403

If the provider acquires real or personal property after	90404
notice of the lien is filed, the lien shall not be valid as	90405
against the claim of any mortgagee, pledgee, subsequent bona fide	90406
purchaser for value, judgment creditor, or other lienholder of	90407
record to such after-acquired property unless the notice of lien	90408
is refiled after the property is acquired by the provider and	90409
before the competing lien attaches to the after-acquired property	90410
or before the conveyance to the subsequent bona fide purchaser for	90411
value.	90412

When the amount has been paid, the provider may record with	90413
the recorder notice of the payment. For recording such notice of	90414
payment, the recorder shall charge and receive from the provider a	90415
base fee of one dollar for services and a housing trust fund fee	90416
of one dollar pursuant to section 317.36 of the Revised Code.	90417

In the event of a distribution of athe provider's assets	90418
pursuant to an order of any court under the law of this state	90419
including any receivership, assignment for benefit of creditors,	90420
adjudicated insolvency, or similar proceedings, amounts then or	90421
thereafter due the state under ~~this chapter~~the medicaid program	90422
have the same priority as provided by law for the payment of taxes	90423
due the state and shall be paid out of the receivership trust fund	90424
or other such trust fund in the same manner as provided for claims	90425
for unpaid taxes due the state.	90426

If the attorney general finds after investigation that any	90427
amount due the state under ~~this chapter~~the medicaid program is	90428
uncollectable, in whole or in part, the attorney general shall	90429
recommend to the director the cancellation of all or part of the	90430
claim. The director may thereupon effect the cancellation.	90431

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	90432
"adjudication" has the same meaning as in section 119.01 of the	90433
Revised Code.	90434

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	90435
section, the department of ~~job and family services~~medicaid may	90436
recover a medicaid payment or portion of a payment made to a	90437
medicaid provider to which the provider is not entitled if the	90438
department notifies the provider of the overpayment during the	90439
five-year period immediately following the end of the state fiscal	90440
year in which the overpayment was made.	90441

(2) In the case of a hospital medicaid provider, if the	90442
department determines as a result of a medicare or medicaid cost	90443
report settlement that the provider received an amount under the	90444
medicaid program to which the provider is not entitled, the	90445
department may recover the overpayment if the department notifies	90446
the provider of the overpayment during the later of the following:	90447

(a) The five-year period immediately following the end of the	90448
state fiscal year in which the overpayment was made;	90449

(b) The one-year period immediately following the date the	90450
department receives from the United States centers for medicare	90451
and medicaid services a completed, audited, medicare cost report	90452
for the provider that applies to the state fiscal year in which	90453
the overpayment was made.	90454

~~(B)~~(C) Among the overpayments that may be recovered under	90455
this section are the following:	90456

(1) Payment for a medicaid service, or a day of service, not	90457
rendered;	90458

(2) Payment for a day of service at a full per diem rate that	90459
should have been paid at a percentage of the full per diem rate;	90460

(3) Payment for a medicaid service, or day of service, that	90461
was paid by, or partially paid by, a third party, as defined in	90462
section ~~5101.571~~5160.35 of the Revised Code, and the third	90463
party's payment or partial payment was not offset against the	90464
amount paid by the medicaid program to reduce or eliminate the	90465
amount that was paid by the medicaid program;	90466

(4) Payment when a medicaid recipient's responsibility for	90467
payment was understated and resulted in an overpayment to the	90468
provider.	90469

~~(C)~~(D) The department may recover an overpayment under this	90470
section prior to or after any of the following:	90471

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	90472
5164.38 of the Revised Code requires to be conducted in accordance	90473
with Chapter 119. of the Revised Code;	90474

(2) Adjudication of a finding under any other provision of	90475
~~this chapter~~state statutes governing the medicaid program or the	90476
rules adopted under itthose statutes;	90477

(3) Expiration of the time to issue a final fiscal audit that	90478
section ~~5111.06~~5164.38 of the Revised Code requires to be	90479
conducted in accordance with Chapter 119. of the Revised Code;	90480

(4) Expiration of the time to issue a finding under any other	90481
provision of ~~this chapter~~state statutes governing the medicaid	90482
program or the rules adopted under itthose statutes.	90483

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	90484
recovery of an overpayment under this section does not preclude	90485
the department from subsequently doing the following:	90486

(a) Issuing a final fiscal audit in accordance with Chapter	90487
119. of the Revised Code, as required under section ~~5111.06~~	90488
5164.38 of the Revised Code;	90489

(b) Issuing a finding under any other provision of ~~this~~	90490
~~chapter~~state statutes governing the medicaid program or the rules	90491
adopted under itthose statutes.	90492

(2) A final fiscal audit or finding issued subsequent to the	90493
recovery of an overpayment under this section shall be reduced by	90494
the amount of the prior recovery, as appropriate.	90495

~~(E)~~(F) Nothing in this section limits the department's	90496
authority to recover overpayments pursuant to any other provision	90497
of the Revised Code.	90498

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	90499
~~"provider" has the same meaning as in section 5111.06 of the~~	90500
~~Revised Code.~~	90501

~~(B)~~ If a state agency that enters into a contract with the	90502
department of ~~job and family services~~medicaid under section	90503
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	90504
overpayment has been made to a medicaid provider, the state agency	90505
may commence actions to recover the overpayment on behalf of the	90506
department.	90507

~~(C)~~(B) In recovering an overpayment pursuant to this section,	90508
a state agency shall comply with the following procedures:	90509

(1) The state agency shall attempt to recover the overpayment	90510
by notifying the medicaid provider of the overpayment and	90511
requesting voluntary repayment. Not later than five business days	90512
after notifying the medicaid provider, the state agency shall	90513
notify the department in writing of the overpayment. The state	90514
agency may negotiate a settlement of the overpayment and notify	90515
the department of the settlement. A settlement negotiated by the	90516
state agency is not valid and shall not be implemented until the	90517
department has given its written approval of the settlement.	90518

(2) If the state agency is unable to obtain voluntary	90519
repayment of an overpayment, the agency shall give the medicaid	90520
provider notice of an opportunity for a hearing in accordance with	90521
Chapter 119. of the Revised Code. If the medicaid provider timely	90522
requests a hearing in accordance with section 119.07 of the	90523
Revised Code, the state agency shall conduct the hearing to	90524
determine the legal and factual validity of the overpayment. On	90525
completion of the hearing, the state agency shall submit its	90526
hearing officer's report and recommendation and the complete	90527
record of proceedings, including all transcripts, to the medicaid	90528
director ~~of job and family services~~ for final adjudication. The	90529
director may issue a final adjudication order in accordance with	90530
Chapter 119. of the Revised Code. The state agency shall pay any	90531
attorney's fees imposed under section 119.092 of the Revised Code.	90532
The department of ~~job and family services~~medicaid shall pay any	90533
attorney's fees imposed under section 2335.39 of the Revised Code.	90534

~~(D)~~(C) In any action taken by a state agency under this	90535
section that requires the agency to give notice of an opportunity	90536
for a hearing in accordance with Chapter 119. of the Revised Code,	90537
if the agency gives notice of the opportunity for a hearing but	90538
the medicaid provider subject to the notice does not request a	90539
hearing or timely request a hearing in accordance with section	90540
119.07 of the Revised Code, the agency is not required to hold a	90541
hearing. The agency may request that the medicaid director ~~of job~~	90542
~~and family services~~ issue a final adjudication order in accordance	90543
with Chapter 119. of the Revised Code.	90544

~~(E)~~(D) This section does not preclude the department of ~~job~~	90545
~~and family services~~medicaid from adjudicating a final fiscal	90546
audit under section ~~5111.06~~5164.38 of the Revised Code,	90547
recovering overpayments under section ~~5111.061~~5164.57 of the	90548
Revised Code, or making findings or taking other actions	90549
authorized by ~~this chapter~~state statutes governing the medicaid	90550
program.	90551

Sec. 5164.59. The department of medicaid may deduct from	90552
medicaid payments for medicaid services rendered by a medicaid	90553
provider any amounts the provider owes the state as the result of	90554
incorrect medicaid payments the department has made to the	90555
provider.	90556

Sec. 5164.60. Any medicaid provider who, without intent,	90557
obtains payments under the medicaid program in excess of the	90558
amount to which the provider is entitled is liable for payment of	90559
interest on the amount of the excess payments at the maximum	90560
interest rate allowable for real estate mortgages under section	90561
1343.01 of the Revised Code on the date the payment was made to	90562
the provider for the period from the date on which payment was	90563
made to the date on which repayment is made to the state.	90564

Sec. 5164.61. The authority, under state and federal law, of	90565
the department of medicaid or a county department of job and	90566
family services to recover excess medicaid payments made to a	90567
medicaid provider is not limited by the availability of remedies	90568
under sections 5162.21 and 5162.23 of the Revised Code for	90569
recovering benefits paid on behalf of medicaid recipients.	90570

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

90571

~~(A)~~ Except as otherwise required by federal statute or	90572
regulation, ~~the department of job and family services shall not~~	90573
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	90574
~~assistance rendered under the program an amount that exceeds~~	90575
medicaid service shall exceed the following:	90576

~~(1)~~(A) If the medicaid provider is a hospital, nursing	90577
facility, or ~~intermediate care facility for the mentally retarded~~	90578
ICF/MR, the limits established under Subpart C of 42 C.F.R. Part	90579
447;	90580

~~(2)~~(B) If the medicaid provider is other than a provider	90581
described in division (A)~~(1)~~ of this section, the authorized	90582
~~reimbursement~~payment limits for the same service under the	90583
medicare program ~~established under Title XVIII of the "Social~~	90584
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	90585

~~(B) Reimbursement for freestanding medical laboratory charges~~	90586
~~shall not exceed the customary and usual fee for laboratory~~	90587
~~profiles.~~	90588

~~(C) The department may deduct from payments for services~~	90589
~~rendered by a medicaid provider under the medicaid program any~~	90590
~~amounts the provider owes the state as the result of incorrect~~	90591
~~medicaid payments the department has made to the provider.~~	90592

~~(D) The department may conduct final fiscal audits in~~	90593
~~accordance with the applicable requirements set forth in federal~~	90594
~~laws and regulations and determine any amounts the provider may~~	90595
~~owe the state. When conducting final fiscal audits, the department~~	90596
~~shall consider generally accepted auditing standards, which~~	90597
~~include the use of statistical sampling.~~	90598

~~(E) The number of days of inpatient hospital care for which~~	90599
~~reimbursement is made on behalf of a medicaid recipient to a~~	90600
~~hospital that is not paid under a diagnostic-related-group~~	90601
~~prospective payment system shall not exceed thirty days during a~~	90602
~~period beginning on the day of the recipient's admission to the~~	90603
~~hospital and ending sixty days after the termination of that~~	90604
~~hospital stay, except that the department may make exceptions to~~	90605
~~this limitation. The limitation does not apply to children~~	90606
~~participating in the program for medically handicapped children~~	90607
~~established under section 3701.023 of the Revised Code.~~	90608

~~(F) The division of any reimbursement between a collaborating~~	90609
~~physician or podiatrist and a clinical nurse specialist, certified~~	90610
~~nurse-midwife, or certified nurse practitioner for services~~	90611
~~performed by the nurse shall be determined and agreed on by the~~	90612
~~nurse and collaborating physician or podiatrist. In no case shall~~	90613
~~reimbursement exceed the payment that the physician or podiatrist~~	90614
~~would have received had the physician or podiatrist provided the~~	90615
~~entire service.~~	90616

Sec. 5164.71. Medicaid payments for freestanding medical	90617
laboratory charges shall not exceed the customary and usual fee	90618
for laboratory profiles.	90619

Sec. 5164.72. The number of days of inpatient hospital care	90620
for which a medicaid payment is made on behalf of a medicaid	90621
recipient to a hospital that is not paid under a	90622
diagnostic-related-group prospective payment system shall not	90623
exceed thirty days during a period beginning on the day of the	90624
recipient's admission to the hospital and ending sixty days after	90625
the termination of that hospital stay, except that the department	90626
of medicaid may make exceptions to this limitation. The limitation	90627
does not apply to children participating in the program for	90628
medically handicapped children established under section 3701.023	90629
of the Revised Code.	90630

Sec. 5164.73. The division of any medicaid payment between a	90631
collaborating physician or podiatrist and a clinical nurse	90632
specialist, certified nurse-midwife, or certified nurse	90633
practitioner for services performed by the nurse shall be	90634
determined and agreed on by the nurse and collaborating physician	90635
or podiatrist. In no case shall the medicaid payment exceed the	90636
medicaid payment that the physician or podiatrist would have	90637
received had the physician or podiatrist provided the entire	90638
service.	90639

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	90640
~~family services~~ shall adopt rules under section 5164.02 of the	90641
Revised Code governing the calculation and payment of, and the	90642
allocation of payments for, graduate medical education costs	90643
associated with medicaid services rendered to medicaid recipients	90644
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	90645
Revised Code, the rules shall provide for ~~reimbursement~~payment	90646
of graduate medical education costs associated with medicaid	90647
services rendered to medicaid recipients, including recipients	90648
enrolled in a medicaid managed care organization ~~under contract~~	90649
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	90650
~~Code~~, that the department of medicaid determines are allowable and	90651
reasonable.	90652

~~If the department requires a managed care organization to pay~~	90653
~~a provider for graduate medical education costs associated with~~	90654
~~the delivery of services to medicaid recipients enrolled in the~~	90655
~~organization, the department shall include in its payment to the~~	90656
~~organization an amount sufficient for the organization to pay such~~	90657
~~costs. If the department does not include in its payments to the~~	90658
~~managed care organization amounts for graduate medical education~~	90659
~~costs of providers, all of the following apply:~~	90660

~~(A) Except as provided in section 5111.191 of the Revised~~	90661
~~Code, the department shall pay the provider for graduate medical~~	90662
~~education costs associated with the delivery of services to~~	90663
~~medicaid recipients enrolled in the organization;~~	90664

~~(B) No provider shall seek reimbursement from the~~	90665
~~organization for such costs;~~	90666

~~(C) The organization is not required to pay providers for~~	90667
~~such costs.~~	90668

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	90669
(B) of this section, the department of ~~job and family services~~	90670
medicaid may deny medicaid payment to a hospital for direct	90671
graduate medical education costs associated with the delivery of	90672
medicaid services to any medicaid recipient if the hospital	90673
refuses without good cause to contract with a medicaid managed	90674
care organization that ~~serves participants in the care management~~	90675
~~system established under section 5111.16 of the Revised Code who~~	90676
~~are required to be enrolled in a managed care organization and the~~	90677
~~managed care organization~~ serves the area in which the hospital is	90678
located.	90679

(B) A hospital is not subject to division (A) of this section	90680
if all of the following are the case:	90681

(1) The hospital is located in a county in which participants	90682
in the care management system are required before January 1, 2006,	90683
to be enrolled in a medicaid managed care organization that is a	90684
health insuring corporation.	90685

(2) The hospital has entered into a contract before January	90686
1, 2006, with at least one health insuring corporation serving the	90687
participants specified in division (B)(1) of this section.	90688

(3) The hospital remains under contract with at least one	90689
health insuring corporation serving participants in the care	90690
management system who are required to be enrolled in a health	90691
insuring corporation.	90692

(C) The medicaid director ~~of job and family services~~ shall	90693
specify in the rules adopted under section ~~5111.19~~5164.02 of the	90694
Revised Code what constitutes good cause for a hospital to refuse	90695
to contract with a medicaid managed care organization.	90696

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	90697
upper reimbursement limit" means the limit established pursuant to	90698
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	90699
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	90700

The medicaid payment for a drug that is subject to a federal	90701
upper reimbursement limit shall not exceed, in the aggregate, the	90702
federal upper reimbursement limit for the drug. ~~The director of~~	90703
~~job and family services shall adopt rules under section 5111.02 of~~	90704
~~the Revised Code as necessary to implement this section.~~	90705

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

90706

~~(1) "State~~, "state maximum allowable cost" means the per unit	90707
amount the ~~department of job and family services reimburses~~	90708
medicaid program pays a terminal distributor of dangerous drugs	90709
for a ~~prescription~~prescribed drug included in the state maximum	90710
allowable cost program established under division (B) of this	90711
section. "State maximum allowable cost" excludes dispensing fees	90712
and copayments, coinsurance, or other cost-sharing charges, if	90713
any.	90714

~~(2) "Terminal distributor of dangerous drugs" has the same~~	90715
~~meaning as in section 4729.01 of the Revised Code.~~	90716

(B) The medicaid director ~~of job and family services~~ shall	90717
establish a state maximum allowable cost program for purposes of	90718
managing ~~reimbursement~~medicaid payments to terminal distributors	90719
of dangerous drugs for ~~prescription~~prescribed drugs identified by	90720
the director pursuant to this division. The director shall do all	90721
of the following with respect to the program:	90722

(1) Identify and create a list of ~~prescription~~ prescribed	90723
drugs to be included in the program.	90724

(2) Update the list of ~~prescription~~prescribed drugs	90725
described in division (B)(1) of this section on a weekly basis.	90726

(3) Review the state maximum allowable cost for each	90727
prescribed drug included on the list described in division (B)(1)	90728
of this section on a weekly basis.	90729

~~(C) The director may adopt rules in accordance with Chapter~~	90730
~~119. of the Revised Code to implement this section.~~	90731

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~In July~~, 1986, and~~of	90732
every ~~second July thereafter~~even-numbered year, the department	90733
of ~~job and family services~~medicaid shall initiate a ~~private~~	90734
confidential survey of ~~retail pharmacy operations~~the cost of	90735
dispensing drugs incurred by terminal distributors of dangerous	90736
drugs in ~~the~~this state. The survey shall be used as the basis for	90737
establishing ~~a current maximum~~the medicaid program's dispensing	90738
fee for ~~licensed pharmacists who are providers of drugs under this~~	90739
~~chapter. The~~terminal distributors in accordance with section	90740
5164.753 of the Revised Code. The survey shall be completed and	90741
its results published not later than the last day of October of	90742
the year in which it is conducted.	90743

Each terminal distributor that is a provider of drugs under	90744
the medicaid program shall participate in the survey. Except as	90745
necessary to publish the survey's results, a terminal	90746
distributor's responses to the survey are confidential and not a	90747
public record under section 149.43 of the Revised Code.	90748

The survey shall be conducted in conformance with the	90749
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	90750
~~amended or superseded, and~~447.500 to 447.518. The survey shall	90751
include operational data and direct prescription expenses,	90752
professional services and personnel costs, and usual and	90753
customary overhead expenses~~, and profit data~~ of the ~~retail~~	90754
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	90755
~~completed and its results published no later than the last day of~~	90756
~~October of the year in which the survey is conducted, and the~~	90757
survey shall compute and report the cost of dispensing ~~fees~~ on a	90758
basis of the usual and customary charges by ~~retail pharmacies~~	90759
terminal distributors to their customers for dispensing drugs. ~~The~~	90760
~~director of job and family services shall take into account the~~	90761
~~results of the survey in establishing a dispensing fee.~~	90762

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	90763
of every ~~second December thereafter~~even-numbered year, the	90764
medicaid director ~~of job and family services~~ shall establish a	90765
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	90766
~~pharmacists~~terminal distributors of dangerous drugs who are	90767
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	90768
establishing the dispensing fee, the director shall take into	90769
consideration the results of the survey conducted under section	90770
~~5111.07~~5164.752 of the Revised Code and the extent to which each	90771
terminal distributor participates in the medicaid program as a	90772
provider of drugs.	90773

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	90774
"dangerous drug" and "manufacturer of dangerous drugs" have the	90775
same meaning as in section 4729.01 of the Revised Code.	90776

(B) The medicaid director ~~of job and family services~~ may	90777
enter into or administer an agreement or cooperative arrangement	90778
with other states to create or join a multiple-state prescription	90779
drug purchasing program for the purpose of negotiating with	90780
manufacturers of dangerous drugs to receive discounts or rebates	90781
for dangerous drugs ~~dispensed under~~covered by the medicaid	90782
program.	90783

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	90784
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	90785
the Revised Code, may establish and implement a supplemental drug	90786
rebate program under which drug manufacturers may be required to	90787
provide the department of ~~job and family services~~medicaid a	90788
supplemental rebate as a condition of having the drug	90789
manufacturers' drug products covered by the medicaid program	90790
without prior approval. The department may receive a supplemental	90791
rebate negotiated under the program for a drug dispensed to a	90792
medicaid recipient pursuant to a prescription or a drug purchased	90793
by a medicaid provider for administration to a medicaid recipient	90794
in the provider's primary place of business. ~~If necessary, the~~	90795
~~director may apply to the United States secretary of health and~~	90796
~~human services for a waiver of federal statutes and regulations to~~	90797
~~establish the supplemental drug rebate program.~~	90798

If the director establishes a supplemental drug rebate	90799
program, the director shall consult with drug manufacturers	90800
regarding the establishment and implementation of the program.	90801

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	90802
or other information regarding a drug rebate agreement or a	90803
supplemental drug rebate agreement for the medicaid program	90804
~~established under Chapter 5111. of the Revised Code~~ that the	90805
department of ~~job and family services~~medicaid receives from a	90806
pharmaceutical manufacturer or creates pursuant to negotiation of	90807
the agreement is not a public record under section 149.43 of the	90808
Revised Code and shall be treated by the department as	90809
confidential information.	90810

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	90811
"licensed health professional authorized to prescribe drugs" has	90812
the same meaning as in section 4729.01 of the Revised Code.	90813

(B) The medicaid director ~~of job and family services~~ may	90814
~~establish an~~acquire or specify technologies to provide	90815
information regarding medicaid recipient eligibility, claims	90816
history, and drug coverage to medicaid providers through	90817
electronic health record and e-prescribing ~~system for the~~	90818
~~medicaid program under which~~applications.	90819

If such technologies are acquired or specified, the	90820
e-prescribing applications shall enable a medicaid provider who	90821
is a licensed health professional authorized to prescribe drugs	90822
~~shall~~to use an electronic system to prescribe a drug for a	90823
medicaid recipient ~~when required to do so by division (C) of this~~	90824
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	90825
is to eliminate the need for such medicaid providers to ~~make~~issue	90826
prescriptions for medicaid recipients by handwriting or telephone.	90827
The ~~e-prescribing system~~technologies acquired or specified by the	90828
director also shall provide such medicaid providers with an	90829
up-to-date, clinically relevant drug information database and a	90830
system of electronically monitoring medicaid recipients' medical	90831
history, drug regimen compliance, and fraud and abuse.	90832

~~(C) If the director establishes an e-prescribing system under~~	90833
~~division (B) of this section, the director shall do all of the~~	90834
~~following:~~	90835

~~(1) Require that a medicaid provider who is a licensed health~~	90836
~~professional authorized to prescribe drugs use the e-prescribing~~	90837
~~system during a fiscal year if the medicaid provider was one of~~	90838
~~the ten medicaid providers who, during the calendar year that~~	90839
~~precedes that fiscal year, issued the most prescriptions for~~	90840
~~medicaid recipients receiving hospital services;~~	90841

~~(2) Before the beginning of each fiscal year, determine the~~	90842
~~ten medicaid providers that issued the most prescriptions for~~	90843
~~medicaid recipients receiving hospital services during the~~	90844
~~calendar year that precedes the upcoming fiscal year and notify~~	90845
~~those medicaid providers that they must use the e-prescribing~~	90846
~~system for the upcoming fiscal year;~~	90847

~~(3) Seek the most federal financial participation available~~	90848
~~for the development and implementation of the e-prescribing~~	90849
~~system.~~	90850

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	90851
~~department of job and family services~~The medicaid director shall	90852
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	90853
of the Revised Code to implement a coordinated services program	90854
for medicaid recipients who are found to have obtained	90855
~~prescription~~prescribed drugs under the medicaid program at a	90856
frequency or in an amount that is not medically necessary. The	90857
program shall be implemented in a manner that is consistent with	90858
~~section 1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810~~	90859
~~(1981)~~section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and	90860
42 C.F.R. 431.54(e).	90861

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	90862
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	90863
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	90864
department of ~~job and family services~~medicaid shall establish an	90865
outpatient drug use review program to assure that prescriptions	90866
obtained by medicaid recipients ~~of medical assistance under this~~	90867
~~chapter~~ are appropriate, medically necessary, and unlikely to	90868
cause adverse medical results.	90869

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	90870
pharmacy and therapeutics committee of the department of ~~job and~~	90871
~~family services~~medicaid. The committee shall assist the	90872
department with developing and maintaining a preferred drug list	90873
for the medicaid program.	90874

The committee shall review and recommend to the medicaid	90875
director ~~of job and family services~~ the drugs that should be	90876
included on the preferred drug list. The recommendations shall be	90877
made based on the evaluation of competent evidence regarding the	90878
relative safety, efficacy, and effectiveness of ~~prescription~~	90879
prescribed drugs within a class or classes of ~~prescription~~	90880
prescribed drugs.	90881

(B) The committee shall consist of ten members and shall be	90882
appointed by the medicaid director ~~of job and family services~~. The	90883
director shall seek recommendations for membership from relevant	90884
professional organizations. A candidate for membership recommended	90885
by a professional organization shall have professional experience	90886
working with medicaid recipients.	90887

The membership of the committee shall include:

90888

(1) Three pharmacists licensed under Chapter 4729. of the	90889
Revised Code;	90890

(2) Two doctors of medicine and two doctors of osteopathy who	90891
hold certificates to practice issued under Chapter 4731. of the	90892
Revised Code, one of whom is a family practice physician;	90893

(3) A registered nurse licensed under Chapter 4723. of the	90894
Revised Code;	90895

(4) A pharmacologist who has a doctoral degree;

90896

(5) A psychiatrist who holds a certificate to practice issued	90897
under Chapter 4731. of the Revised Code and specializes in	90898
psychiatry.	90899

(C) The committee shall elect from among its members a	90900
chairperson. Five committee members constitute a quorum.	90901

The committee shall establish guidelines necessary for the	90902
committee's operation.	90903

The committee may establish one or more subcommittees to	90904
investigate and analyze issues consistent with the duties of the	90905
committee under this section. The subcommittees may submit	90906
proposals regarding the issues to the committee and the committee	90907
may adopt, reject, or modify the proposals.	90908

A vote by a majority of a quorum is necessary to make	90909
recommendations to the director. In the case of a tie, the	90910
chairperson shall decide the outcome.	90911

(D) The director shall act on the committee's recommendations	90912
not later than thirty days after the recommendation is posted on	90913
the department's web site under division (F) of this section. If	90914
the director does not accept a recommendation of the committee,	90915
the director shall present the basis for this determination not	90916
later than fourteen days after making the determination or at the	90917
next scheduled meeting of the committee, whichever is sooner.	90918

(E) An interested party may request, and shall be permitted,	90919
to make a presentation or submit written materials to the	90920
committee during a committee meeting. The presentation or other	90921
materials shall be relevant to an issue under consideration by the	90922
committee and any written material, including a transcript of	90923
testimony to be given on the day of the meeting, may be submitted	90924
to the committee in advance of the meeting.	90925

(F) The department shall post the following on the	90926
department's web site:	90927

(1) Guidelines established by the committee under division	90928
(C) of this section;	90929

(2) A detailed committee agenda not later than fourteen days	90930
prior to the date of a regularly scheduled meeting and not later	90931
than seventy-two hours prior to the date of a special meeting	90932
called by the committee;	90933

(3) Committee recommendations not later than seven days after	90934
the meeting at which the recommendation was approved;	90935

(4) The director's final determination as to the	90936
recommendations made by the committee under this section.	90937

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	90938
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	90939
~~and family services~~ shall modify the manner or establish a new	90940
manner in which the following are paid under medicaid:	90941

(1) Community mental health ~~agencies~~service providers or	90942
facilities for providing community mental health services ~~included~~	90943
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	90944
~~5111.023~~5164.15 of the Revised Code;	90945

(2) Providers of alcohol and drug addiction services for	90946
providing alcohol and drug addiction services ~~included in~~covered	90947
by the medicaid program ~~pursuant to rules adopted under section~~	90948
~~5111.02 of the Revised Code~~.	90949

(B) The director's authority to modify the manner, or to	90950
establish a new manner, for medicaid to pay for the services	90951
specified in division (A) of this section is not limited by any	90952
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	90953
of the Revised Code that are in effect on June 26, 2003, and	90954
govern the way medicaid pays for those services. This is the case	90955
regardless of what state agency adopted the rules.	90956

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

90957

(1) "Aide services" means all of the following:

90958

(a) Home health aide services available under the home health	90959
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	90960

(b) Home care attendant services available under a home and	90961
community-based services medicaid waiver component;	90962

(c) Personal care aide services available under a home and	90963
community-based services medicaid waiver component.	90964

(2) ~~"Home and community-based services medicaid waiver~~	90965
~~component" has the same meaning as in section 5111.85 of the~~	90966
~~Revised Code.~~	90967

~~(3)~~ "Independent provider" means an individual who personally	90968
provides aide services or nursing services and is not employed by,	90969
under contract with, or affiliated with another entity that	90970
provides those services.	90971

~~(4)~~(3) "Nursing services" means all of the following:

90972

(a) Nursing services available under the home health services	90973
benefit pursuant to 42 C.F.R. 440.70(b)(1);	90974

(b) Private duty nursing services as defined in 42 C.F.R.	90975
440.80;	90976

(c) Nursing services available under a home and	90977
community-based services medicaid waiver component.	90978

(B) The department of ~~job and family services~~medicaid shall	90979
do ~~both~~all of the following:	90980

(1) Effective October 1, 2011, reduce the medicaid program's	90981
first-hour-unit price for aide services to ninety-seven per cent	90982
of the price paid on June 30, 2011, and for nursing services to	90983
ninety-five per cent of the price paid on June 30, 2011;	90984

(2) Effective October 1, 2011, pay for a service that is an	90985
aide service or a nursing service provided by an independent	90986
provider eighty per cent of the price it pays for the same service	90987
provided by a provider that is not an independent provider;	90988

(3) Not sooner than July 1, 2012, adjust the medicaid	90989
~~reimbursement~~payment rates for aide services and nursing services	90990
in a manner that reflects, at a minimum, labor market data,	90991
education and licensure status, home health agency and independent	90992
provider status, and length of service visit.	90993

(C) The department shall strive to have the adjustment made	90994
under division (B)(3) of this section go into effect on July 1,	90995
2012. The reductions made under divisions (B)(1) and (2) of this	90996
section shall remain in effect until the adjustment made under	90997
division (B)(3) of this section goes into effect.	90998

~~(D) The director of job and family services shall adopt rules~~	90999
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	91000
~~necessary to implement this section.~~	91001

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	91002
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	91003
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	91004
any other federal law that requires public notice of proposed	91005
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	91006
~~provided under the~~ medicaid ~~program~~services, the medicaid	91007
director ~~of job and family services~~ shall give public notice in	91008
the register of Ohio of any change to a method or standard used to	91009
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	91010
~~assistance~~a medicaid service.	91011

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	91012
~~services~~medicaid shall not knowingly make a medicaid payment for	91013
a provider-preventable condition for which federal financial	91014
participation is prohibited by regulations adopted under ~~section~~	91015
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	91016
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	91017
~~job and family services shall adopt rules under section 5111.02 of~~	91018
~~the Revised Code as necessary to implement this section.~~	91019

Sec. 5164.83. (A) As used in this section:

91020

(1) "Core competencies," "direct care services," and "direct	91021
care worker" have the same meanings as in section 191.061 of the	91022
Revised Code.	91023

(2) "Direct payment" means payment by the medicaid program	91024
for direct care services provided by a direct care worker to a	91025
medicaid recipient that is delivered directly to the worker.	91026

(3) "Indirect payment" means payment by the medicaid program	91027
for direct care services provided by a direct care worker to a	91028
medicaid recipient that is delivered to a third party but later	91029
transferred to the worker.	91030

(B) The department of medicaid shall not do either of the	91031
following unless a direct care worker demonstrates core	91032
competencies in accordance with section 191.061 of the Revised	91033
Code:	91034

(1) Permit a direct or indirect payment to be made to the	91035
worker for a direct care service provided by the worker on or	91036
after October 1, 2015;	91037

(2) Enter into a provider agreement with the direct care	91038
worker on or after October 1, 2015.	91039

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	91040
"cost-effective" and "group health plan" have the same meanings as	91041
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	91042
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	91043
regulations adopted under that section.	91044

(B) The department of ~~job and family services~~medicaid may	91045
~~submit a medicaid state plan amendment to the United States~~	91046
~~secretary of health and human services for the purpose of~~	91047
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	91048
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	91049
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	91050
individuals in group health plans when the department determines	91051
that enrollment is cost-effective.	91052

~~(C) The director of job and family services may adopt rules~~	91053
~~in accordance with Chapter 119. of the Revised Code as necessary~~	91054
~~to implement this section.~~	91055

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	91056
The medicaid director ~~of job and family services~~ shall establish	91057
a qualified state long-term care insurance partnership program	91058
consistent with the definition of that term in the "Social	91059
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	91060
1396p(b)(1)(C)(iii). An individual participating in the program	91061
who is subject to the medicaid estate recovery program instituted	91062
under section ~~5111.11~~5162.21 of the Revised Code shall be	91063
eligible for the reduced adjustment or recovery under division (D)	91064
of that section.	91065

~~The director of job and family services may adopt rules in~~	91066
~~accordance with Chapter 119. of the Revised Code as necessary to~~	91067
~~implement this section.~~	91068

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	91069
~~services~~ may ~~submit to the United States secretary of health and~~	91070
~~human services an amendment to the medicaid state plan in order to~~	91071
implement within the medicaid program a system under which	91072
medicaid recipients with chronic conditions are provided with	91073
coordinated care through health homes, as authorized by ~~section~~	91074
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	91075
1945, 42 U.S.C. 1396w-4.	91076

~~The director may adopt rules under section 5111.02 of the~~	91077
~~Revised Code to implement this section.~~	91078

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	91079
~~services~~medicaid may require county departments of job and	91080
family services to provide case management of nonemergency	91081
transportation services provided under the ~~medical assistance~~	91082
medicaid program. County departments shall provide the case	91083
management if required by the department in accordance with rules	91084
adopted ~~by the director of job and family services~~under section	91085
5164.02 of the Revised Code.	91086

The department shall determine, for the purposes of claiming	91087
federal ~~reimbursement under the medical assistance program~~	91088
financial participation, whether it will claim expenditures for	91089
nonemergency transportation services as administrative or program	91090
expenditures.	91091

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	91092
demonstration project" means a money follows the person	91093
demonstration project that the United States secretary of health	91094
and human services is authorized to award under section 6071 of	91095
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	91096
amended).	91097

(B) To the extent funds are available under an MFP	91098
demonstration project awarded to the department of ~~job and family~~	91099
~~services~~medicaid, the director of ~~job and family services~~	91100
medicaid may operate the helping Ohioans move, expanding (HOME)	91101
choice demonstration component of the medicaid program to	91102
transition medicaid recipients who qualify for the demonstration	91103
component to community settings. ~~The director may adopt rules in~~	91104
~~accordance with Chapter 119. of the Revised Code for the~~	91105
~~administration and operation of the demonstration component.~~	91106

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	91107
~~section 5111.982 of the Revised Code:~~	91108

~~"Dual eligible individual" has the same meaning as in the~~	91109
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	91110
~~1396n(h)(2)(B).~~	91111

~~"Medicare" means the program created in the "Social Security~~	91112
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	91113

~~(B) Subject to division (C) of this section, the medical~~	91114
~~assistance~~The medicaid director may implement a demonstration	91115
project called the integrated care delivery system to test and	91116
evaluate the integration of the care that dual eligible	91117
individuals receive under medicare and medicaid. No provision of	91118
Title LI of the Revised Code applies to the integrated care	91119
delivery system if that provision implements or incorporates a	91120
provision of federal law governing medicaid and that provision of	91121
federal law does not apply to the system.	91122

~~(C) Before implementing the integrated care delivery system~~	91123
~~under division (B) of this section, the director shall obtain the~~	91124
~~approval of the United States secretary of health and human~~	91125
~~services in the form of a federal medicaid waiver, medicaid state~~	91126
~~plan amendment, or demonstration grant. The director is required~~	91127
~~to seek the federal approval only if the director seeks to~~	91128
~~implement the integrated care delivery system. The director shall~~	91129
~~implement the integrated care delivery system in accordance with~~	91130
~~the terms of the federal approval, including the terms regarding~~	91131
~~the duration of the system.~~	91132

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	91133
diagnostic imaging services" means magnetic resonance imaging	91134
services, computed tomography services, positron emission	91135
tomography services, cardiac nuclear medicine services, and	91136
similar imaging services.	91137

~~Not later than January 1, 2010, the~~The department of ~~job and~~	91138
~~family services~~medicaid shall implement evidence-based, best	91139
practice guidelines or protocols and decision support tools for	91140
advanced diagnostic imaging services ~~available under~~covered by	91141
the fee-for-service component of the medicaid program.	91142

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	91143
~~services~~medicaid may establish a program under which it provides	91144
incentive payments, as authorized by the "~~Health Information~~	91145
~~Technology for Economic and Clinical Health~~Social Security Act,"	91146
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	91147
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	91148
and use of electronic health record technology by medicaid	91149
providers who are identified under that federal law as eligible	91150
professionals.	91151

(B) After the department has made a determination regarding	91152
the amount of a medicaid provider's electronic health record	91153
incentive payment or the denial of an incentive payment, the	91154
department shall notify the provider. The provider may request	91155
that the department reconsider its determination.	91156

A request for reconsideration shall be submitted in writing	91157
to the department not later than fifteen days after the provider	91158
receives notification of the determination. The request shall be	91159
accompanied by written materials setting forth the basis for, and	91160
supporting, the reconsideration request.	91161

On receipt of a timely request, the department shall	91162
reconsider the determination. On the basis of the written	91163
materials accompanying the request, the department may uphold,	91164
reverse, or modify its original determination. The department	91165
shall mail to the provider by certified mail a written notice of	91166
the reconsideration decision.	91167

In accordance with Chapter 2505. of the Revised Code, the	91168
medicaid provider may appeal the reconsideration decision by	91169
filing a notice of appeal with the court of common pleas of	91170
Franklin county. The notice shall identify the decision being	91171
appealed and the specific grounds for the appeal. The notice of	91172
appeal shall be filed not later than fifteen days after the	91173
department mails its notice of the reconsideration decision. A	91174
copy of the notice of appeal shall be filed with the department	91175
not later than three days after the notice is filed with the	91176
court.	91177

(C) The medicaid director ~~of job and family services~~ may	91178
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	91179
of the Revised Code as necessary to implement this section. The	91180
rules, if any, shall be adopted in accordance with Chapter 119. of	91181
the Revised Code.	91182

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	91183
~~5111.331 of the Revised Code~~this chapter:	91184

(A) "Affiliated operator" means an operator affiliated with	91185
either of the following:	91186

(1) The exiting operator for whom the affiliated operator is	91187
to assume liability for the entire amount of the exiting	91188
operator's debt under the medicaid program or the portion of the	91189
debt that represents the franchise permit fee the exiting operator	91190
owes;	91191

(2) The entering operator involved in the change of operator	91192
with the exiting operator specified in division (A)(1) of this	91193
section.	91194

(B) "Allowable costs" are ~~those~~a nursing facility's costs	91195
~~determined by~~that the department of ~~job and family services to be~~	91196
medicaid determines are reasonable ~~and do not include fines~~. Fines	91197
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	91198
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	91199

~~(B)~~(C) "Ancillary and support costs" means all reasonable	91200
costs incurred by a nursing facility other than direct care costs,	91201
tax costs, or capital costs. "Ancillary and support costs"	91202
includes, but is not limited to, costs of activities, social	91203
services, pharmacy consultants, habilitation supervisors,	91204
qualified mental retardation professionals, program directors,	91205
medical and habilitation records, program supplies, incontinence	91206
supplies, food, enterals, dietary supplies and personnel, laundry,	91207
housekeeping, security, administration, medical equipment,	91208
utilities, liability insurance, bookkeeping, purchasing	91209
department, human resources, communications, travel, dues, license	91210
fees, subscriptions, home office costs not otherwise allocated,	91211
legal services, accounting services, minor equipment, maintenance	91212
and repairs, help-wanted advertising, informational advertising,	91213
start-up costs, organizational expenses, other interest, property	91214
insurance, employee training and staff development, employee	91215
benefits, payroll taxes, and workers' compensation premiums or	91216
costs for self-insurance claims and related costs as specified in	91217
rules adopted ~~by the director of job and family services~~ under	91218
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	91219
in this division. "Ancillary and support costs" also means the	91220
cost of equipment, including vehicles, acquired by operating lease	91221
executed before December 1, 1992, if the costs are reported as	91222
administrative and general costs on the nursing facility's cost	91223
report for the cost reporting period ending December 31, 1992.	91224

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	91225
~~the case of an intermediate care facility for the mentally~~	91226
~~retarded, costs of nonextensive renovation~~the actual expense	91227
incurred by a nursing facility for all of the following:	91228

(a) Depreciation and interest on any capital assets that cost	91229
five hundred dollars or more per item, including the following:	91230

(i) Buildings;

91231

(ii) Building improvements;

91232

(iii) Except as provided in division (C) of this section,	91233
equipment;	91234

(iv) Transportation equipment.

91235

(b) Amortization and interest on land improvements and	91236
leasehold improvements;	91237

91238

(d) Lease and rent of land, buildings, and equipment.

91239

(2) The costs of capital assets of less than five hundred	91240
dollars per item may be considered capital costs in accordance	91241
with a provider's practice.	91242

~~(1) "Cost of ownership" means the actual expense incurred for~~	91243
~~all of the following:~~	91244

~~(a) Depreciation and interest on any capital assets that cost~~	91245
~~five hundred dollars or more per item, including the following:~~	91246

~~(i) Buildings;~~

91247

~~(ii) Building improvements that are not approved as~~	91248
~~nonextensive renovations under section 5111.251 of the Revised~~	91249
~~Code;~~	91250

~~(iii) Except as provided in division (B) of this section,~~	91251
~~equipment;~~	91252

~~(iv) In the case of an intermediate care facility for the~~	91253
~~mentally retarded, extensive renovations;~~	91254

~~(v) Transportation equipment.~~

91255

~~(b) Amortization and interest on land improvements and~~	91256
~~leasehold improvements;~~	91257

~~(c) Amortization of financing costs;~~

91258

~~(d) Except as provided in division (K) of this section, lease~~	91259
~~and rent of land, building, and equipment.~~	91260

~~The costs of capital assets of less than five hundred dollars~~	91261
~~per item may be considered capital costs in accordance with a~~	91262
~~provider's practice.~~	91263

~~(2) "Costs of nonextensive renovation" means the actual~~	91264
~~expense incurred by an intermediate care facility for the mentally~~	91265
~~retarded for depreciation or amortization and interest on~~	91266
~~renovations that are not extensive renovations.~~	91267

~~(D)~~(E) "Capital lease" and "operating lease" shall be	91268
construed in accordance with generally accepted accounting	91269
principles.	91270

~~(E) "Case-mix score" means the measure determined under~~	91271
~~section 5111.232 of the Revised Code of the relative direct-care~~	91272
~~resources needed to provide care and habilitation to a resident of~~	91273
~~a nursing facility or intermediate care facility for the mentally~~	91274
~~retarded.~~	91275

(F) "Case-mix score" means a measure determined under section	91276
5165.192 of the Revised Code of the relative direct-care resources	91277
needed to provide care and habilitation to a nursing facility	91278
resident.	91279

(G) "Change of operator" means an entering operator becoming	91280
the operator of a nursing facility in the place of the exiting	91281
operator.	91282

(1) Actions that constitute a change of operator include the	91283
following:	91284

(a) A change in an exiting operator's form of legal	91285
organization, including the formation of a partnership or	91286
corporation from a sole proprietorship;	91287

(b) A transfer of all the exiting operator's ownership	91288
interest in the operation of the nursing facility to the entering	91289
operator, regardless of whether ownership of any or all of the	91290
real property or personal property associated with the nursing	91291
facility is also transferred;	91292

(c) A lease of the nursing facility to the entering operator	91293
or the exiting operator's termination of the exiting operator's	91294
lease;	91295

(d) If the exiting operator is a partnership, dissolution of	91296
the partnership;	91297

(e) If the exiting operator is a partnership, a change in	91298
composition of the partnership unless both of the following apply:	91299

(i) The change in composition does not cause the	91300
partnership's dissolution under state law.	91301

(ii) The partners agree that the change in composition does	91302
not constitute a change in operator.	91303

(f) If the operator is a corporation, dissolution of the	91304
corporation, a merger of the corporation into another corporation	91305
that is the survivor of the merger, or a consolidation of one or	91306
more other corporations to form a new corporation.	91307

(2) The following, alone, do not constitute a change of	91308
operator:	91309

(a) A contract for an entity to manage a nursing facility as	91310
the operator's agent, subject to the operator's approval of daily	91311
operating and management decisions;	91312

(b) A change of ownership, lease, or termination of a lease	91313
of real property or personal property associated with a nursing	91314
facility if an entering operator does not become the operator in	91315
place of an exiting operator;	91316

(c) If the operator is a corporation, a change of one or more	91317
members of the corporation's governing body or transfer of	91318
ownership of one or more shares of the corporation's stock, if the	91319
same corporation continues to be the operator.	91320

(H) "Cost center" means the following:

91321

(1) Ancillary and support costs;

91322

(2) Capital costs;

91323

(3) Direct care costs;

91324

(4) Tax costs.

91325

(I) "Custom wheelchair" means a wheelchair to which both of	91326
the following apply:	91327

(1) It has been measured, fitted, or adapted in consideration	91328
of either of the following:	91329

(a) The body size or disability of the individual who is to	91330
use the wheelchair;	91331

(b) The individual's period of need for, or intended use of,	91332
the wheelchair.	91333

(2) It has customized features, modifications, or components,	91334
such as adaptive seating and positioning systems, that the	91335
supplier who assembled the wheelchair, or the manufacturer from	91336
which the wheelchair was ordered, added or made in accordance with	91337
the instructions of the physician of the individual who is to use	91338
the wheelchair.	91339

(J)(1) "Date of licensure," ~~for a~~means the following:

91340

(a) In the case of a nursing facility ~~originally~~that was	91341
required by law to be licensed as a nursing home under Chapter	91342
3721. of the Revised Code when it originally began to be operated	91343
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	91344
facility was originally so licensed ~~as nursing home beds under~~	91345
~~that chapter, regardless of whether they were subsequently~~	91346
~~licensed as residential facility beds under section 5123.19 of the~~	91347
~~Revised Code. For a facility originally licensed as a residential~~	91348
~~facility under section 5123.19 of the Revised Code, "date of~~	91349
~~licensure" means the date specific beds were originally licensed~~	91350
~~as residential facility beds under that section.~~;	91351

If(b) In the case of a nursing ~~home beds licensed under~~	91352
~~Chapter 3721. of the Revised Code or residential facility beds~~	91353
~~licensed under section 5123.19 of the Revised Code were~~facility	91354
that was not required by law to be licensed as a nursing home when	91355
~~they were~~it originally ~~used to provide~~began to be operated as a	91356
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	91357
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	91358
operated as a nursing home ~~or residential facility services~~,	91359
regardless of the date the ~~present provider obtained licensure~~	91360
nursing facility was first licensed as a nursing home.	91361

(2) If ~~a facility adds~~, after a nursing facility's original	91362
date of licensure, more nursing home beds ~~or residential facility~~	91363
~~beds or extensively renovatesall or part of the facility after~~	91364
~~its original date of licensure~~are added to the nursing facility,	91365
~~it will have~~the nursing facility has a different date of	91366
licensure for the additional beds ~~or extensively renovated portion~~	91367
~~of the facility, unless the beds are added in a space~~. This does	91368
not apply, however, to additional beds when both of the following	91369
apply:	91370

(a) The additional beds are located in a part of the nursing	91371
facility that was constructed at the same time as the ~~previously~~	91372
~~licensed~~continuing beds ~~but~~already located in that part of the	91373
nursing facility;	91374

(b) The part of the nursing facility in which the additional	91375
beds are located was constructed as part of the nursing facility	91376
at a time when the nursing facility was not required by law to be	91377
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	91378
~~Code at that time~~as a nursing home.	91379

~~(2)~~(3) The definition of "date of licensure" in this section	91380
applies in determinations of ~~the~~nursing facilities' medicaid	91381
~~reimbursement rate for a nursing facility or intermediate care~~	91382
~~facility for the mentally retarded~~payment rates but does not	91383
apply in determinations of ~~the~~nursing facilities' franchise	91384
permit ~~fee for a nursing facility or intermediate care facility~~	91385
~~for the mentally retarded~~fees.	91386

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	91387
as reported on a cost report submitted under section ~~5111.26~~	91388
5165.10 of the Revised Code have been subjected to a desk review	91389
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	91390
and preliminarily determined to be allowable costs.	91391

~~(H)~~(L) "Direct care costs" means all of the following costs	91392
incurred by a nursing facility:	91393

(1)~~(a)~~ Costs for registered nurses, licensed practical	91394
nurses, and nurse aides employed by the nursing facility;	91395

~~(b)~~(2) Costs for direct care staff, administrative nursing	91396
staff, medical directors, respiratory therapists, and except as	91397
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	91398
holding degrees qualifying them to provide therapy;	91399

~~(c)~~(3) Costs of purchased nursing services;

91400

~~(d)~~(4) Costs of quality assurance;

91401

~~(e)~~(5) Costs of training and staff development, employee	91402
benefits, payroll taxes, and workers' compensation premiums or	91403
costs for self-insurance claims and related costs as specified in	91404
rules adopted ~~by the director of job and family services in~~	91405
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	91406
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	91407
~~(d)~~(4), and (8) of this section;	91408

~~(f)~~(6) Costs of consulting and management fees related to	91409
direct care;	91410

~~(g)~~(7) Allocated direct care home office costs.

91411

~~(2) In addition to the costs specified in division (H)(1) of~~	91412
~~this section, for nursing facilities only, direct care costs~~	91413
~~include costs~~;	91414

(8) Costs of habilitation staff (other than habilitation	91415
supervisors), medical supplies, oxygen, over-the-counter pharmacy	91416
products, behavioral and mental health services, physical	91417
therapists, physical therapy assistants, occupational therapists,	91418
occupational therapy assistants, speech therapists, audiologists,	91419
habilitation supplies, ~~wheelchairs,~~ resident transportation, and	91420
universal precautions supplies.;	91421

~~(3) In addition to the costs specified in division (H)(1) of~~	91422
~~this section, for intermediate care facilities for the mentally~~	91423
~~retarded only, direct care costs include both of the following:~~	91424

~~(a) Costs for physical therapists and physical therapy~~	91425
~~assistants, occupational therapists and occupational therapy~~	91426
~~assistants, speech therapists, audiologists, habilitation staff~~	91427
~~(including habilitation supervisors), qualified mental retardation~~	91428
~~professionals, program directors, social services staff,~~	91429
~~activities staff, off-site day programming, psychologists and~~	91430
~~psychology assistants, and social workers and counselors;~~	91431

~~(b) Costs of training and staff development, employee~~	91432
~~benefits, payroll taxes, and workers' compensation premiums or~~	91433
~~costs for self-insurance claims and related costs as specified in~~	91434
~~rules adopted under section 5111.02 of the Revised Code, for~~	91435
~~personnel listed in division (H)(3)(a) of this section.~~	91436

~~(4)~~(9) Costs of wheelchairs other than the following:

91437

(a) Custom wheelchairs;

91438

(b) Repairs to and replacements of custom wheelchairs and	91439
parts that are made in accordance with the instructions of the	91440
physician of the individual who uses the custom wheelchair.	91441

(10) Costs of other direct-care resources that are specified	91442
as direct care costs in rules adopted under section ~~5111.02~~	91443
5165.02 of the Revised Code.	91444

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	91445
section 5160.01 of the Revised Code.	91446

(N) "Effective date of a change of operator" means the day	91447
the entering operator becomes the operator of the nursing	91448
facility.	91449

(O) "Effective date of a facility closure" means the last day	91450
that the last of the residents of the nursing facility resides in	91451
the nursing facility.	91452

(P) "Effective date of an involuntary termination" means the	91453
date the department of medicaid terminates the operator's provider	91454
agreement for the nursing facility.	91455

(Q) "Effective date of a voluntary withdrawal of	91456
participation" means the day the nursing facility ceases to accept	91457
new medicaid residents other than the individuals who reside in	91458
the nursing facility on the day before the effective date of the	91459
voluntary withdrawal of participation.	91460

(R) "Entering operator" means the person or government entity	91461
that will become the operator of a nursing facility when a change	91462
of operator occurs or following an involuntary termination.	91463

(S) "Exiting operator" means any of the following:

91464

(1) An operator that will cease to be the operator of a	91465
nursing facility on the effective date of a change of operator;	91466

(2) An operator that will cease to be the operator of a	91467
nursing facility on the effective date of a facility closure;	91468

(3) An operator of a nursing facility that is undergoing or	91469
has undergone a voluntary withdrawal of participation;	91470

(4) An operator of a nursing facility that is undergoing or	91471
has undergone an involuntary termination.	91472

(T)(1) Subject to divisions (T)(2) and (3) of this section,	91473
"facility closure" means either of the following:	91474

(a) Discontinuance of the use of the building, or part of the	91475
building, that houses the facility as a nursing facility that	91476
results in the relocation of all of the nursing facility's	91477
residents;	91478

(b) Conversion of the building, or part of the building, that	91479
houses a nursing facility to a different use with any necessary	91480
license or other approval needed for that use being obtained and	91481
one or more of the nursing facility's residents remaining in the	91482
building, or part of the building, to receive services under the	91483
new use.	91484

(2) A facility closure occurs regardless of any of the	91485
following:	91486

(a) The operator completely or partially replacing the	91487
nursing facility by constructing a new nursing facility or	91488
transferring the nursing facility's license to another nursing	91489
facility;	91490

(b) The nursing facility's residents relocating to another of	91491
the operator's nursing facilities;	91492

(c) Any action the department of health takes regarding the	91493
nursing facility's medicaid certification that may result in the	91494
transfer of part of the nursing facility's survey findings to	91495
another of the operator's nursing facilities;	91496

(d) Any action the department of health takes regarding the	91497
nursing facility's license under Chapter 3721. of the Revised	91498
Code.	91499

(3) A facility closure does not occur if all of the nursing	91500
facility's residents are relocated due to an emergency evacuation	91501
and one or more of the residents return to a medicaid-certified	91502
bed in the nursing facility not later than thirty days after the	91503
evacuation occurs.	91504

(U) "Fiscal year" means the fiscal year of this state, as	91505
specified in section 9.34 of the Revised Code.	91506

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

91507

~~(1) In the context of nursing facilities,~~ the fee imposed by	91508
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	91509

~~(2) In the context of intermediate care facilities for the~~	91510
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	91511
~~of the Revised Code~~.	91512

~~(K) "Indirect care costs" means all reasonable costs incurred~~	91513
~~by an intermediate care facility for the mentally retarded other~~	91514
~~than direct care costs, other protected costs, or capital costs.~~	91515
~~"Indirect care costs" includes but is not limited to costs of~~	91516
~~habilitation supplies, pharmacy consultants, medical and~~	91517
~~habilitation records, program supplies, incontinence supplies,~~	91518
~~food, enterals, dietary supplies and personnel, laundry,~~	91519
~~housekeeping, security, administration, liability insurance,~~	91520
~~bookkeeping, purchasing department, human resources,~~	91521
~~communications, travel, dues, license fees, subscriptions, home~~	91522
~~office costs not otherwise allocated, legal services, accounting~~	91523
~~services, minor equipment, maintenance and repairs, help-wanted~~	91524
~~advertising, informational advertising, start-up costs,~~	91525
~~organizational expenses, other interest, property insurance,~~	91526
~~employee training and staff development, employee benefits,~~	91527
~~payroll taxes, and workers' compensation premiums or costs for~~	91528
~~self-insurance claims and related costs as specified in rules~~	91529
~~adopted under section 5111.02 of the Revised Code, for personnel~~	91530
~~listed in this division. Notwithstanding division (C)(1) of this~~	91531
~~section, "indirect care costs" also means the cost of equipment,~~	91532
~~including vehicles, acquired by operating lease executed before~~	91533
~~December 1, 1992, if the costs are reported as administrative and~~	91534
~~general costs on the facility's cost report for the cost reporting~~	91535
~~period ending December 31, 1992.~~	91536

~~(L)~~(W) "Inpatient days" means ~~the following:~~

91537

~~(1) In the context of a nursing facility,~~ both of the	91538
following:	91539

~~(a)~~(1) All days during which a resident, regardless of	91540
payment source, occupies a bed in a nursing facility that is	91541
included in the nursing facility's ~~certified~~medicaid-certified	91542
capacity ~~under Title XIX~~;	91543

~~(b)~~(2) Fifty per cent of the days for which payment is made	91544
under section ~~5111.331~~5165.34 of the Revised Code.	91545

~~(2) In the context of an intermediate care facility for the~~	91546
~~mentally retarded, both of the following:~~	91547

~~(a) All days during which a resident, regardless of payment~~	91548
~~source, occupies a bed in an intermediate care facility for the~~	91549
~~mentally retarded that is included in the facility's certified~~	91550
~~capacity under Title XIX;~~	91551

~~(b) All days for which payment is made under section 5111.33~~	91552
~~of the Revised Code.~~	91553

~~(M) "Intermediate care facility for the mentally retarded"~~	91554
~~means an intermediate care facility for the mentally retarded~~	91555
~~certified as in compliance with applicable standards for the~~	91556
~~medicaid program by the director of health in accordance with~~	91557
~~Title XIX.~~	91558

~~(N)~~(X) "Involuntary termination" means the department of	91559
medicaid's termination of the operator's provider agreement for	91560
the nursing facility when the termination is not taken at the	91561
operator's request.	91562

(Y) "Low resource utilization resident" means a medicaid	91563
recipient residing in a nursing facility who, for purposes of	91564
calculating the nursing facility's medicaid payment rate for	91565
direct care costs, is placed in either of the two lowest resource	91566
utilization groups, excluding any resource utilization group that	91567
is a default group used for residents with incomplete assessment	91568
data.	91569

(Z) "Maintenance and repair expenses" means~~, except as~~	91570
~~provided in division (BB)(2) of this section,~~a nursing facility's	91571
expenditures that are necessary and proper to maintain an asset in	91572
a normally efficient working condition and that do not extend the	91573
useful life of the asset two years or more. "Maintenance and	91574
repair expenses" includes but is not limited to the ~~cost~~costs of	91575
ordinary repairs such as painting and wallpapering.	91576

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	91577
nursing facility's beds that are certified for participation in	91578
medicaid as nursing facility beds.	91579

(BB) "Medicaid days" means ~~the following:~~

91580

~~(1) In the context of a nursing facility,~~ both of the	91581
following:	91582

~~(a)~~(1) All days during which a resident who is a medicaid	91583
recipient eligible for nursing facility services occupies a bed in	91584
a nursing facility that is included in the nursing facility's	91585
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	91586

~~(b)~~(2) Fifty per cent of the days for which payment is made	91587
under section ~~5111.331~~5165.34 of the Revised Code.	91588

~~(2) In the context of an intermediate care facility for the~~	91589
~~mentally retarded, both of the following:~~	91590

~~(a) All days during which a resident who is a medicaid~~	91591
~~recipient eligible for intermediate care facility for the mentally~~	91592
~~retarded services occupies a bed in an intermediate care facility~~	91593
~~for the mentally retarded that is included in the facility's~~	91594
~~certified capacity under Title XIX;~~	91595

~~(b) All days for which payment is made under section 5111.33~~	91596
~~of the Revised Code.~~	91597

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	91598
for which the provider obtains an initial provider agreement	91599
following medicaid certification of the nursing facility by the	91600
director of health, including such a nursing facility that	91601
replaces one or more nursing facilities for which a provider	91602
previously held a provider agreement.	91603

(2) "New nursing facility" does not mean a nursing facility	91604
for which the entering operator seeks a provider agreement	91605
pursuant to section 5165.511 or 5165.512 or (pursuant to section	91606
5165.515) section 5165.07 of the Revised Code.	91607

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	91608
~~of a facility, that is certified as a nursing facility by the~~	91609
~~director of health in accordance with Title XIX and is not an~~	91610
~~intermediate care facility for the mentally retarded. "Nursing~~	91611
~~facility" includes a facility, or a distinct part of a facility,~~	91612
~~that is certified as a nursing facility by the director of health~~	91613
~~in accordance with Title XIX and is certified as a skilled nursing~~	91614
~~facility by the director in accordance with Title XVIII~~has the	91615
same meaning as in the "Social Security Act," section 1919(a), 42	91616
U.S.C. 1396r(a).	91617

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	91618
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	91619

(FF) "Nursing home" has the same meaning as in section	91620
3721.01 of the Revised Code.	91621

(GG) "Operator" means the person or government entity	91622
responsible for the daily operating and management decisions for a	91623
nursing facility ~~or intermediate care facility for the mentally~~	91624
~~retarded~~.	91625

~~(R) "Other protected costs" means costs incurred by an~~	91626
~~intermediate care facility for the mentally retarded for medical~~	91627
~~supplies; real estate, franchise, and property taxes; natural gas,~~	91628
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	91629
~~medical waste collection; allocated other protected home office~~	91630
~~costs; and any additional costs defined as other protected costs~~	91631
~~in rules adopted under section 5111.02 of the Revised Code.~~	91632

~~(S)~~(HH)(1) "Owner" means any person or government entity that	91633
has at least five per cent ownership or interest, either directly,	91634
indirectly, or in any combination, in any of the following	91635
regarding a nursing facility ~~or intermediate care facility for the~~	91636
~~mentally retarded~~:	91637

(a) The land on which the nursing facility is located;

91638

(b) The structure in which the nursing facility is located;

91639

(c) Any mortgage, contract for deed, or other obligation	91640
secured in whole or in part by the land or structure on or in	91641
which the nursing facility is located;	91642

(d) Any lease or sublease of the land or structure on or in	91643
which the nursing facility is located.	91644

(2) "Owner" does not mean a holder of a debenture or bond	91645
related to the nursing facility ~~or intermediate care facility for~~	91646
~~the mentally retarded~~ and purchased at public issue or a regulated	91647
lender that has made a loan related to the nursing facility unless	91648
the holder or lender operates the nursing facility directly or	91649
through a subsidiary.	91650

~~(T) "Patient" includes "resident."~~

91651

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	91652
~~section, "per~~(II) "Per diem" means a nursing facility's or	91653
~~intermediate care facility for the mentally retarded's~~ actual,	91654
allowable costs in a given cost center in a cost reporting period,	91655
divided by the nursing facility's inpatient days for that cost	91656
reporting period.	91657

~~(1) When calculating indirect care costs for the purpose of~~	91658
~~establishing rates under section 5111.241 of the Revised Code,~~	91659
~~"per diem" means an intermediate care facility for the mentally~~	91660
~~retarded's actual, allowable indirect care costs in a cost~~	91661
~~reporting period divided by the greater of the facility's~~	91662
~~inpatient days for that period or the number of inpatient days the~~	91663
~~facility would have had during that period if its occupancy rate~~	91664
~~had been eighty-five per cent.~~	91665

~~(2) When calculating capital costs for the purpose of~~	91666
~~establishing rates under section 5111.251 of the Revised Code,~~	91667
~~"per diem" means a facility's actual, allowable capital costs in a~~	91668
~~cost reporting period divided by the greater of the facility's~~	91669
~~inpatient days for that period or the number of inpatient days the~~	91670
~~facility would have had during that period if its occupancy rate~~	91671
~~had been ninety-five per cent.~~	91672

~~(V)~~(JJ) "Provider" means an operator with a provider	91673
agreement.	91674

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	91675
agreement, as defined in section 5164.01 of the Revised Code, that	91676
is between the department of ~~job and family services~~medicaid and	91677
the operator of a nursing facility ~~or intermediate care facility~~	91678
~~for the mentally retarded~~ for the provision of nursing facility	91679
services ~~or intermediate care facility services for the mentally~~	91680
~~retarded~~ under the medicaid program.	91681

~~(X)~~(LL) "Purchased nursing services" means services that are	91682
provided in a nursing facility by registered nurses, licensed	91683
practical nurses, or nurse aides who are not employees of the	91684
nursing facility.	91685

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	91686
is appropriate and helpful to develop and maintain the operation	91687
of patient care facilities and activities, including normal	91688
standby costs, and that does not exceed what a prudent buyer pays	91689
for a given item or services. Reasonable costs may vary from	91690
provider to provider and from time to time for the same provider.	91691

~~(Z)~~(NN) "Related party" means an individual or organization	91692
that, to a significant extent, has common ownership with, is	91693
associated or affiliated with, has control of, or is controlled	91694
by, the provider.	91695

(1) An individual who is a relative of an owner is a related	91696
party.	91697

(2) Common ownership exists when an individual or individuals	91698
possess significant ownership or equity in both the provider and	91699
the other organization. Significant ownership or equity exists	91700
when an individual or individuals possess five per cent ownership	91701
or equity in both the provider and a supplier. Significant	91702
ownership or equity is presumed to exist when an individual or	91703
individuals possess ten per cent ownership or equity in both the	91704
provider and another organization from which the provider	91705
purchases or leases real property.	91706

(3) Control exists when an individual or organization has the	91707
power, directly or indirectly, to significantly influence or	91708
direct the actions or policies of an organization.	91709

(4) An individual or organization that supplies goods or	91710
services to a provider shall not be considered a related party if	91711
all of the following conditions are met:	91712

(a) The supplier is a separate bona fide organization.

91713

(b) A substantial part of the supplier's business activity of	91714
the type carried on with the provider is transacted with others	91715
than the provider and there is an open, competitive market for the	91716
types of goods or services the supplier furnishes.	91717

(c) The types of goods or services are commonly obtained by	91718
other nursing facilities ~~or intermediate care facilities for the~~	91719
~~mentally retarded~~ from outside organizations and are not a basic	91720
element of patient care ordinarily furnished directly to patients	91721
by ~~the~~nursing facilities.	91722

(d) The charge to the provider is in line with the charge for	91723
the goods or services in the open market and no more than the	91724
charge made under comparable circumstances to others by the	91725
supplier.	91726

~~(AA)~~(OO) "Relative of owner" means an individual who is	91727
related to an owner of a nursing facility ~~or intermediate care~~	91728
~~facility for the mentally retarded~~ by one of the following	91729
relationships:	91730

(1) Spouse;

91731

(2) Natural parent, child, or sibling;

91732

(3) Adopted parent, child, or sibling;

91733

(4) Stepparent, stepchild, stepbrother, or stepsister;

91734

(5) Father-in-law, mother-in-law, son-in-law,	91735
daughter-in-law, brother-in-law, or sister-in-law;	91736

(6) Grandparent or grandchild;

91737

(7) Foster caregiver, foster child, foster brother, or foster	91738
sister.	91739

~~(BB) "Renovation" and "extensive renovation" mean:~~

91740

~~(1) Any betterment, improvement, or restoration of an~~	91741
~~intermediate care facility for the mentally retarded started~~	91742
~~before July 1, 1993, that meets the definition of a renovation or~~	91743
~~extensive renovation established in rules adopted by the director~~	91744
~~of job and family services in effect on December 22, 1992.~~	91745

~~(2) In the case of betterments, improvements, and~~	91746
~~restorations of intermediate care facilities for the mentally~~	91747
~~retarded started on or after July 1, 1993:~~	91748

~~(a) "Renovation" means the betterment, improvement, or~~	91749
~~restoration of an intermediate care facility for the mentally~~	91750
~~retarded beyond its current functional capacity through a~~	91751
~~structural change that costs at least five hundred dollars per~~	91752
~~bed. A renovation may include betterment, improvement,~~	91753
~~restoration, or replacement of assets that are affixed to the~~	91754
~~building and have a useful life of at least five years. A~~	91755
~~renovation may include costs that otherwise would be considered~~	91756
~~maintenance and repair expenses if they are an integral part of~~	91757
~~the structural change that makes up the renovation project.~~	91758
~~"Renovation" does not mean construction of additional space for~~	91759
~~beds that will be added to a facility's licensed or certified~~	91760
~~capacity.~~	91761

~~(b) "Extensive renovation" means a renovation that costs more~~	91762
~~than sixty-five per cent and no more than eighty-five per cent of~~	91763
~~the cost of constructing a new bed and that extends the useful~~	91764
~~life of the assets for at least ten years.~~	91765

~~For the purposes of division (BB)(2) of this section, the~~	91766
~~cost of constructing a new bed shall be considered to be forty~~	91767
~~thousand dollars, adjusted for the estimated rate of inflation~~	91768
~~from January 1, 1993, to the end of the calendar year during which~~	91769
~~the renovation is completed, using the consumer price index for~~	91770
~~shelter costs for all urban consumers for the north central~~	91771
~~region, as published by the United States bureau of labor~~	91772
~~statistics.~~	91773

~~The department of job and family services may treat a~~	91774
~~renovation that costs more than eighty-five per cent of the cost~~	91775
~~of constructing new beds as an extensive renovation if the~~	91776
~~department determines that the renovation is more prudent than~~	91777
~~construction of new beds.~~	91778

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	91779
in section 3721.10 of the Revised Code.	91780

(QQ) "Skilled nursing facility" has the same meaning as in	91781
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	91782

(RR) "Sponsor" has the same meaning as in section 3721.10 of	91783
the Revised Code.	91784

(SS) "Tax costs" means the costs of taxes imposed under	91785
Chapter 5751. of the Revised Code, real estate taxes, personal	91786
property taxes, and corporate franchise taxes.	91787

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	91788
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	91789

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	91790
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	91791
seq.	91792

(VV) "Voluntary withdrawal of participation" means an	91793
operator's voluntary election to terminate the participation of a	91794
nursing facility in the medicaid program but to continue to	91795
provide service of the type provided by a nursing facility.	91796

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	91797
division (B) of this section, whenever "skilled nursing facility,"	91798
"intermediate care facility," or "dual skilled nursing and	91799
intermediate care facility" is referred to or designated in any	91800
statute, rule, contract, provider agreement, or other document	91801
pertaining to the ~~medical assistance~~medicaid program, the	91802
reference or designation is deemed to refer to a nursing facility,	91803
~~except that a~~.	91804

(B) A reference to or designation of an "intermediate care	91805
facility for the mentally retarded" or "ICF/MR" is not deemed to	91806
refer to a nursing facility.	91807

Sec. 5165.02. The medicaid director shall adopt rules as	91808
necessary to implement this chapter. The rules shall be adopted in	91809
accordance with Chapter 119. of the Revised Code.	91810

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

91811

(1) "Dementia" includes Alzheimer's disease or a related	91812
disorder.	91813

(2) "Serious mental illness" means "serious mental illness,"	91814
as defined by the United States department of health and human	91815
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	91816
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	91817
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	91818

(3) "Mentally ill individual" means an individual who has a	91819
serious mental illness other than either of the following:	91820

(a) A primary diagnosis of dementia;

91821

(b) A primary diagnosis that is not a primary diagnosis of	91822
dementia and a primary diagnosis of something other than a serious	91823
mental illness.	91824

(4) "Mentally retarded individual" means an individual who is	91825
mentally retarded or has a related condition, as described in	91826
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	91827
U.S.C. 1396d(d).	91828

(5) "Specialized services" means the services specified by	91829
the United States department of health and human services in	91830
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	91831
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	91832
1396r(e)(7)(G)(iii).	91833

(B)(1) Except as provided in division (D) of this section, no	91834
nursing facility shall admit as a resident any mentally ill	91835
individual unless the facility has received evidence that the	91836
department of ~~mental health~~mental health and addiction services	91837
has determined both of the following under section ~~5119.061~~	91838
5119.40 of the Revised Code:	91839

(a) That the individual requires the level of services	91840
provided by a nursing facility because of the individual's	91841
physical and mental condition;	91842

(b) Whether the individual requires specialized services for	91843
mental illness.	91844

(2) Except as provided in division (D) of this section, no	91845
nursing facility shall admit as a resident any mentally retarded	91846
individual unless the facility has received evidence that the	91847
department of developmental disabilities has determined both of	91848
the following under section 5123.021 of the Revised Code:	91849

(a) That the individual requires the level of services	91850
provided by a nursing facility because of the individual's	91851
physical and mental condition;	91852

(b) Whether the individual requires specialized services for	91853
mental retardation.	91854

(C) The department of ~~job and family services~~medicaid shall	91855
not make medicaid payments ~~under the medical assistance program~~ to	91856
a nursing facility on behalf of any individual who is admitted to	91857
the facility in violation of division (B) of this section for the	91858
period beginning on the date of admission and ending on the date	91859
the requirements of division (B) of this section are met.	91860

(D) A determination under division (B) of this section is not	91861
required for any individual who is exempted from the requirement	91862
that a determination be made by division (B)(2) of section	91863
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	91864
department of ~~mental health~~mental health and addiction services	91865
under division (E)(3) of that section, or by division (B)(2) of	91866
section 5123.021 of the Revised Code or rules adopted by the	91867
department of developmental disabilities under division (E)(3) of	91868
that section.	91869

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	91870
~~applicant~~An individual who applies for admission to ~~a nursing~~	91871
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	91872
~~applicant for or recipient of medical assistance, the department~~	91873
of ~~job and family services~~ shall provide notice and an opportunity	91874
for a hearing to any applicant for admission to a nursing facility	91875
or resident of a nursing facility who ismay appeal if adversely	91876
affected by a determination made by the department of ~~mental~~	91877
~~health~~mental health and addiction services under section	91878
~~5119.061~~5119.40 of the Revised Code or by the department of	91879
developmental disabilities under section 5123.021 of the Revised	91880
Code. ~~The hearing shall be conducted in the same manner as~~	91881
~~hearings conducted under~~If the individual is an applicant for or	91882
recipient of medicaid, the individual may appeal pursuant to	91883
section 5160.31 of the Revised Code. If the individual is not an	91884
applicant for or recipient of medicaid, the individual may appeal	91885
pursuant to a process the department of medicaid shall establish,	91886
which shall be similar to the appeals process established by	91887
section 5101.35 of the Revised Code. The department of medicaid	91888
shall provide notice of the right to appeal to individuals	91889
adversely affected by determinations made under sections 5119.40	91890
and 5123.021 of the Revised Code. Any decision made ~~by the~~	91891
~~department of job and family services~~ on the basis of ~~the hearing~~	91892
such an appeal is binding on the department of ~~mental health~~	91893
mental health and addiction services and the department of	91894
developmental disabilities.	91895

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	91896
"representative" means a person acting on behalf of an applicant	91897
for or recipient of medicaid. A representative may be a family	91898
member, attorney, hospital social worker, or any other person	91899
chosen to act on behalf of an applicant or recipient.	91900

(B) The department of ~~job and family services~~medicaid may	91901
require each applicant for or recipient of medicaid who applies or	91902
intends to apply for admission to a nursing facility or resides in	91903
a nursing facility to undergo an assessment to determine whether	91904
the applicant or recipient needs the level of care provided by a	91905
nursing facility. The assessment may be performed concurrently	91906
with a long-term care consultation provided under section 173.42	91907
of the Revised Code.	91908

To the maximum extent possible, the assessment shall be based	91909
on information from the resident assessment instrument specified	91910
in rules ~~adopted~~authorized by ~~the director of job and family~~	91911
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	91912
Revised Code. The assessment shall also be based on criteria and	91913
procedures established in rules ~~adopted under~~authorized by	91914
division (F) of this section and information provided by the	91915
person being assessed or the person's representative.	91916

The department of ~~job and family services~~medicaid, or if the	91917
assessment is performed by an agency under contract with the	91918
department pursuant to division (G) of this section, the agency,	91919
shall, not later than the time the level of care determination	91920
based on the assessment is required to be provided under division	91921
(C) of this section, give written notice of its conclusions and	91922
the basis for them to the person assessed and, if the department	91923
~~of job and family services~~ or agency under contract with the	91924
department has been informed that the person has a representative,	91925
to the representative.	91926

(C) The department ~~of job and family services~~ or agency under	91927
contract with the department, whichever performs the assessment,	91928
shall provide a level of care determination based on the	91929
assessment as follows:	91930

(1) In the case of a person applying or intending to apply	91931
for admission to a nursing facility while hospitalized, not later	91932
than one of the following:	91933

(a) One working day after the person or the person's	91934
representative submits the application or notifies the department	91935
of the person's intention to apply and submits all information	91936
required for providing the level of care determination, as	91937
specified in rules ~~adopted under~~authorized by division (F)(2) of	91938
this section;	91939

(b) A later date requested by the person or the person's	91940
representative.	91941

(2) In the case of a person applying or intending to apply	91942
for admission to a nursing facility who is not hospitalized, not	91943
later than one of the following:	91944

(a) Five calendar days after the person or the person's	91945
representative submits the application or notifies the department	91946
of the person's intention to apply and submits all information	91947
required for providing the level of care determination, as	91948
specified in rules ~~adopted under~~authorized by division (F)(2) of	91949
this section;	91950

(b) A later date requested by the person or the person's	91951
representative.	91952

(3) In the case of a person who resides in a nursing	91953
facility, not later than one of the following:	91954

(a) Five calendar days after the person or the person's	91955
representative submits an application for ~~medical assistance~~	91956
medicaid and submits all information required for providing the	91957
level of care determination, as specified in rules ~~adopted under~~	91958
authorized by division (F)(2) of this section;	91959

(b) A later date requested by the person or the person's	91960
representative.	91961

(4) In the case of an emergency, as specified in rules	91962
~~adopted under~~authorized by division (F)(4) of this section,	91963
within the number of days specified in the rules.	91964

(D) A person assessed under this section or the person's	91965
representative may ~~request a state hearing to dispute~~appeal the	91966
conclusions reached by the department ~~of job and family services~~	91967
or agency under contract with the department on the basis of the	91968
assessment. The ~~request for a state hearing~~appeal shall be made	91969
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	91970
Revised Code. The department ~~of job and family services~~ or agency	91971
under contract with the department shall provide to the person or	91972
the person's representative and the nursing facility written	91973
notice of the person's right to request a state hearing. The	91974
notice shall include an explanation of the procedure for	91975
requesting a state hearing. If a state hearing is requested, the	91976
state shall be represented in the hearing by the department ~~of job~~	91977
~~and family services~~ or the agency under contract with the	91978
department, whichever performed the assessment.	91979

(E) A nursing facility that admits or retains a person	91980
determined pursuant to an assessment required under this section	91981
not to need the level of care provided by the nursing facility	91982
shall not be ~~reimbursed~~paid under the medicaid program for the	91983
person's care.	91984

(F) The medicaid director ~~of job and family services~~ shall	91985
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	91986
of the Revised Code to implement and administer this section. The	91987
rules shall include all of the following:	91988

(1) Criteria and procedures to be used in determining whether	91989
admission to a nursing facility or continued stay in a nursing	91990
facility is appropriate for the person being assessed;	91991

(2) Information the person being assessed or the person's	91992
representative must provide to the department or agency under	91993
contract with the department for purposes of the assessment and	91994
providing a level of care determination based on the assessment;	91995

(3) Circumstances under which a person is not required to be	91996
assessed;	91997

(4) Circumstances that constitute an emergency for purposes	91998
of division (C)(4) of this section and the number of days within	91999
which a level of care determination must be provided in the case	92000
of an emergency.	92001

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	92002
the department of ~~job and family services~~medicaid may enter into	92003
contracts in the form of interagency agreements with one or more	92004
other state agencies to perform the assessments required under	92005
this section. The interagency agreements shall specify the	92006
responsibilities of each agency in the performance of the	92007
assessments.	92008

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	92009
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	92010
~~payments, the operator of~~to enter into a provider agreement for a	92011
nursing facility ~~or intermediate care facility for the mentally~~	92012
~~retarded shall do~~if all of the following apply:	92013

~~(1) Enter into a provider agreement with the department as~~	92014
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	92015
~~Code~~(A) The nursing facility is certified by the director of	92016
health for participation in medicaid;	92017

~~(2) Apply for and maintain a valid license to operate~~(B) The	92018
nursing facility is licensed by the director of health as a	92019
nursing home if so required by law;	92020

~~(3) Subject to division (B) of this section,~~(C) The operator	92021
and nursing facility comply with all applicable state and federal	92022
laws and rules.	92023

~~(B) A state rule that requires the operator of an~~	92024
~~intermediate care facility for the mentally retarded to have~~	92025
~~received approval of a plan for the proposed facility pursuant to~~	92026
~~section 5123.042 of the Revised Code as a condition of the~~	92027
~~operator being eligible for medicaid payments for the facility~~	92028
~~does not apply if, under former section 5123.193 of the Revised~~	92029
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	92030
~~or section 5123.197 of the Revised Code, a residential facility~~	92031
~~license was obtained or modified for the facility without~~	92032
~~obtaining approval of such a plan.~~	92033

~~(C)(1) Except as provided in division (C)(2) of this section,~~	92034
~~the operator of a nursing facility that elects to obtain and~~	92035
~~maintain eligibility for payments under the medicaid program shall~~	92036
~~qualify all of the facility's medicaid-certified beds in the~~	92037
~~medicare program established by Title XVIII. The director of job~~	92038
~~and family services may adopt rules under section 5111.02 of the~~	92039
~~Revised Code to establish the time frame in which a nursing~~	92040
~~facility must comply with this requirement.~~	92041

~~(2) The department of veterans services is not required to~~	92042
~~qualify all of the medicaid-certified beds in a nursing facility~~	92043
~~the agency maintains and operates under section 5907.01 of the~~	92044
~~Revised Code in the medicare program.~~	92045

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	92046
5165.072 of the Revised Code, the department of medicaid shall	92047
enter into a provider agreement with a nursing facility operator	92048
who applies, and is eligible, for the provider agreement.	92049

(B) A provider agreement ~~between the department of job and~~	92050
~~family services and the provider of a nursing facility or~~	92051
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	92052
require the ~~following provisions:~~	92053

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	92054
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	92055
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	92056
nursing facility services the nursing facility provides to a	92057
~~resident of the~~its residents who are medicaid recipients eligible	92058
for nursing facility ~~who is a medicaid recipient~~services. No	92059
~~payment shall be made for the day a medicaid recipient is~~	92060
~~discharged from the facility.~~	92061

~~(B) The~~(C) A provider agreement shall require the provider	92062
~~agrees~~ to do all of the following:	92063

(1) Maintain eligibility for the provider agreement as	92064
provided in section ~~5111.21~~5165.06 of the Revised Code;	92065

(2) Keep records relating to a cost reporting period for the	92066
greater of seven years after the cost report is filed or, if the	92067
department issues an audit report in accordance with ~~division (B)~~	92068
of section ~~5111.27~~5165.109 of the Revised Code, six years after	92069
all appeal rights relating to the audit report are exhausted;	92070

(3) File reports as required by the department;

92071

(4) Open all records relating to the costs of ~~its~~the nursing	92072
facility's services for inspection and audit by the department;	92073

(5) Open its premises for inspection by the department, the	92074
department of health, and any other state or local authority	92075
having authority to inspect;	92076

(6) Supply to the department such information as it requires	92077
concerning the nursing facility's services to residents who are,	92078
or are eligible to be, medicaid recipients;	92079

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

92080

~~The~~(D) A provider agreement may contain other provisions	92081
that are consistent with law and considered necessary by the	92082
department.	92083

~~A provider agreement shall be effective for no longer than~~	92084
~~twelve months, except that if federal statute or regulations~~	92085
~~authorize a longer term, it may be effective for a longer term so~~	92086
~~authorized. A provider agreement may be renewed only if the~~	92087
~~facility is certified by the department of health for~~	92088
~~participation in the medicaid program.~~	92089

~~The department of job and family services, in accordance with~~	92090
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	92091
~~not to enter into, not to renew, or to terminate a provider~~	92092
~~agreement when the department determines that such an agreement~~	92093
~~would not be in the best interests of medicaid recipients or of~~	92094
~~the state.~~	92095

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	92096
~~nursing facility or intermediate care facility for the mentally~~	92097
~~retarded~~ may enter into provider agreements for more than one	92098
nursing facility ~~or intermediate care facility for the mentally~~	92099
~~retarded~~.	92100

Sec. 5165.072. The department of medicaid, in accordance	92101
with rules adopted under section 5165.02 of the Revised Code, may	92102
elect not to enter into, not to revalidate, or to terminate a	92103
nursing facility provider agreement when the department determines	92104
that such an agreement would not be in the best interests of	92105
medicaid recipients or the state. The department shall not	92106
revalidate a nursing facility provider agreement if the provider	92107
fails to maintain eligibility for the provider agreement as	92108
provided in section 5165.06 of the Revised Code.	92109

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	92110
~~services~~medicaid shall terminate the provider agreement with a	92111
nursing facility provider that does not comply with the	92112
requirements of section 3721.071 of the Revised Code for the	92113
installation of fire extinguishing and fire alarm systems.	92114

~~Sec. 5111.31.~~ Sec. 5165.08. (A) Every provider agreement with ~~the~~	92115
a nursing facility provider ~~of a nursing facility or intermediate~~	92116
~~care facility for the mentally retarded~~ shall do both of the	92117
following:	92118

(1) Except as provided by division (B)(1) of this section,	92119
include any part of the nursing facility that meets federal and	92120
state standards for medicaid certification;	92121

(2) Prohibit the provider from doing either of the following:

92122

(a) Discriminating against a resident on the basis of race,	92123
color, sex, creed, or national origin;	92124

(b) Subject to division (D) of this section, failing or	92125
refusing to ~~retain~~do either of the following:	92126

(i) Except as otherwise prohibited under section 5165.82 of	92127
the Revised Code, admit as a resident of the nursing facility an	92128
individual because the individual is, or may (as a resident of the	92129
nursing facility) become, a medicaid recipient if less than eighty	92130
per cent of the nursing facility's residents are medicaid	92131
recipients;	92132

(ii) Retain as a ~~patient any person~~resident of the nursing	92133
facility an individual because the ~~person~~individual is, ~~becomes,~~	92134
or may (as a resident of the nursing facility) become, ~~as a~~	92135
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	92136
~~purposes of this division, a medicaid recipient who is a patient~~	92137
~~in a facility shall be considered a patient in the facility during~~	92138
~~any hospital stays totaling less than twenty-five days during any~~	92139
~~twelve-month period. Recipients who have been identified by the~~	92140
~~department of job and family services or its designee as requiring~~	92141
~~the level of care of an intermediate care facility for the~~	92142
~~mentally retarded shall not be subject to a maximum period of~~	92143
~~absences during which they are considered patients if prior~~	92144
~~authorization of the department for visits with relatives and~~	92145
~~friends and participation in therapeutic programs is obtained~~	92146
~~under rules adopted under section 5111.02 of the Revised Code.~~	92147

~~(2) Except as provided by division (B)(1) of this section,~~	92148
~~include any part of the facility that meets standards for~~	92149
~~certification of compliance with federal and state laws and rules~~	92150
~~for participation in the medicaid program.~~	92151

~~(3) Prohibit the provider from discriminating against any~~	92152
~~patient on the basis of race, color, sex, creed, or national~~	92153
~~origin.~~	92154

~~(4) Except as otherwise prohibited under section 5111.55 of~~	92155
~~the Revised Code, prohibit the provider from failing or refusing~~	92156
~~to accept a patient because the patient is, becomes, or may, as a~~	92157
~~patient in the facility, become a medicaid recipient if less than~~	92158
~~eighty per cent of the patients in the facility are medicaid~~	92159
~~recipients.~~	92160

(B)(1) Except as provided by division (B)(2) of this section,	92161
~~the following~~beds added during the period beginning July 1, 1987,	92162
and ending July 1, 1993, to a nursing home licensed under Chapter	92163
3721. of the Revised Code are not required to be included in a	92164
provider agreement unless otherwise required by federal law:	92165

~~(a) Beds added during the period beginning July 1, 1987, and~~	92166
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	92167
~~3721. of the Revised Code;~~	92168

~~(b) Beds in an intermediate care facility for the mentally~~	92169
~~retarded that are designated for respite care under a medicaid~~	92170
~~waiver component operated pursuant to a waiver sought under~~	92171
~~section 5111.87 of the Revised Code~~.	92172

(2) If a provider chooses to include a bed specified in	92173
division (B)(1)(a) of this section in a provider agreement, the	92174
bed may not be removed from the provider agreement unless the	92175
provider withdraws the nursing facility in which the bed is	92176
located from the medicaid program.	92177

(C) For the purpose of division (A)(2)(b)(ii) of this	92178
section, a medicaid recipient who is a patient in a nursing	92179
facility shall be considered a patient in the nursing facility	92180
during any hospital stays totaling less than twenty-five days	92181
during any twelve-month period.	92182

(D) Nothing in this section shall bar a provider ~~that~~from	92183
doing any of the following:	92184

(1) If the provider is a religious organization operating a	92185
religious or denominational nursing facility ~~or intermediate care~~	92186
~~facility for the mentally retarded~~ from giving preference to	92187
persons of the same religion or denomination~~. Nothing in this~~	92188
~~section shall bar any provider from giving~~;	92189

(2) Giving preference to persons with whom the provider has	92190
contracted to provide continuing care.	92191

~~(D) Nothing in this section shall bar the provider of~~;

92192

(3) If the nursing facility is a county home organized under	92193
Chapter 5155. of the Revised Code ~~from~~, admitting residents	92194
exclusively from the county in which the county home is located.	92195

~~(E) No provider of a nursing facility or intermediate care~~	92196
~~facility for the mentally retarded for which a provider agreement~~	92197
~~is in effect shall violate the provider contract obligations~~	92198
~~imposed under this section.~~	92199

~~(F) Nothing in divisions (A) and (C) of this section shall~~	92200
~~bar a provider from retaining patients~~;	92201

(4) Retaining residents who have resided in the provider's	92202
nursing facility for not less than one year as private pay	92203
patients and who subsequently become medicaid recipients, but	92204
refusing to accept as a ~~patient~~resident any person who is, or	92205
may,(as a ~~patient in~~resident of the nursing facility,) become a	92206
medicaid recipient, if all of the following apply:	92207

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	92208
resident who has resided in the provider's nursing facility for	92209
not less than one year as a private pay ~~patient~~resident because	92210
the ~~patient~~resident becomes a medicaid recipient, except as	92211
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	92212

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	92213
division (D)(4) of this section does not at any time exceed ten	92214
per cent of all the ~~patients~~residents in the nursing facility;	92215

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	92216
nursing facility were private pay ~~patients~~residents.	92217

(E) No provider shall violate the provider agreement	92218
obligations imposed by this section.	92219

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	92220
resident has a cause of action against ~~the~~a nursing facility	92221
provider ~~of a nursing facility or intermediate care facility for~~	92222
~~the mentally retarded~~ for breach of the provider agreement	92223
obligations or other duties imposed by section ~~5111.31~~5165.08 of	92224
the Revised Code. The action may be commenced by the ~~patient~~	92225
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	92226
resident's sponsor or a residents' rights advocate, ~~as either is~~	92227
~~defined under section 3721.10 of the Revised Code,~~ by the filing	92228
of a civil action in the court of common pleas of the county in	92229
which the nursing facility is located, or in the court of common	92230
pleas of Franklin county.	92231

If ~~the~~a court of common pleas finds that a ~~breach of the~~	92232
provider has breached a provider agreement ~~obligations~~obligation	92233
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	92234
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	92235
following:	92236

(A) Enjoin the provider from engaging in the practice~~, order~~;

92237

(B) Order such affirmative relief as may be necessary~~, and~~	92238
~~award~~;	92239

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	92240
~~public agency~~government entity that brings anthe action on	92241
behalf of a ~~patient~~resident actual damages, costs, and reasonable	92242
attorney's fees.	92243

Sec. 5165.082. (A) Except as provided in division (B) of	92244
this section, the operator of a nursing facility that elects to	92245
have the nursing facility participate in the medicaid program	92246
shall qualify all of the nursing facility's medicaid-certified	92247
beds in the medicare program. The medicaid director may adopt	92248
rules under section 5165.02 of the Revised Code to establish the	92249
time frame in which a nursing facility must comply with this	92250
requirement.	92251

(B) The department of veterans services is not required to	92252
qualify all of the medicaid-certified beds in a nursing facility	92253
the department maintains and operates under section 5907.01 of the	92254
Revised Code in the medicare program.	92255

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	92256
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	92257
provider shall file with the department of ~~job and family services~~	92258
medicaid an annual cost report for each of the provider's nursing	92259
facilities ~~and intermediate care facilities for the mentally~~	92260
~~retarded~~ that participate in the medicaid program. ~~A provider~~	92261
~~shall prepare the reports in accordance with guidelines~~	92262
~~established by the department. A~~The cost report for a year shall	92263
cover athe calendar year or the portion of athe calendar year	92264
during which the nursing facility participated in the medicaid	92265
program. ~~A provider shall file the reports within~~Except as	92266
provided in division (E) of this section, the cost report is due	92267
not later than ninety days after the end of the calendar year, or	92268
portion of the calendar year, that the cost report covers. ~~The~~	92269
~~department, for good cause, may grant a fourteen-day extension of~~	92270
~~the time for filing cost reports upon written request from a~~	92271
~~provider. The director of job and family services shall prescribe,~~	92272
~~in rules adopted under section 5111.02 of the Revised Code, the~~	92273
~~cost reporting form and a uniform chart of accounts for the~~	92274
~~purpose of cost reporting, and shall distribute cost reporting~~	92275
~~forms or computer software for electronic submission of the cost~~	92276
~~report to each provider at least sixty days before the reporting~~	92277
~~date.~~	92278

~~(b) If rates for a provider's nursing facility or~~	92279
~~intermediate care facility for the mentally retarded were most~~	92280
~~recently established under section 5111.254 or 5111.255 of the~~	92281
~~Revised Code, the provider shall submit a cost report for that~~	92282
~~facility no later than ninety days after the end of the facility's~~	92283
~~first three full calendar months of operation. If a nursing~~	92284
~~facility or intermediate care facility for the mentally retarded~~	92285
~~undergoes a change of provider that the department determines, in~~	92286
~~accordance with rules adopted under section 5111.02 of the Revised~~	92287
~~Code, is an arm's length transaction, the new provider shall~~	92288
~~submit a cost report for that facility not later than ninety days~~	92289
~~after the end of the facility's first three full calendar months~~	92290
~~of operation under the new provider. The provider of a facility~~	92291
~~that opens or undergoes a change of provider that is an arm's~~	92292
~~length transaction after the first day of October in any calendar~~	92293
~~year is not required to file a cost report for that calendar year.~~	92294

~~(c)~~(B) If a nursing facility undergoes a change of provider	92295
that the department determines, in accordance with rules adopted	92296
under section ~~5111.02~~5165.02 of the Revised Code, is not an ~~arms~~	92297
arm's length transaction, the new provider shall file athe	92298
nursing facility's cost report ~~under~~in accordance with division	92299
(A)~~(1)(a)~~ of this section ~~for the facility. The~~and the cost	92300
report shall cover the portion of the calendar year during which	92301
the new provider operated the nursing facility and the portion of	92302
the calendar year during which the previous provider operated the	92303
nursing facility.	92304

~~(2) If a provider required to submit a cost report for a~~	92305
~~nursing facility or intermediate care facility for the mentally~~	92306
~~retarded does not file the report within the required time period~~	92307
~~or within fourteen days thereafter if an extension is granted~~	92308
~~under division (A)(1)(a) of this section, or files an incomplete~~	92309
~~or inadequate report for the facility, the department shall~~	92310
~~provide immediate written notice to the provider that the provider~~	92311
~~agreement for the facility will be terminated in thirty days~~	92312
~~unless the provider submits a complete and adequate cost report~~	92313
~~for the facility within thirty days. During the thirty-day~~	92314
~~termination period or any additional time allowed for an appeal of~~	92315
~~the proposed termination of a provider agreement, the provider~~	92316
~~shall be paid the facility's then current per resident per day~~	92317
~~rate, minus two dollars. On July 1, 1994, the department shall~~	92318
~~adjust the two-dollar reduction to reflect the rate of inflation~~	92319
~~during the preceding twelve months, as shown in the consumer price~~	92320
~~index for all items for all urban consumers for the north central~~	92321
~~region, published by the United States bureau of labor statistics.~~	92322
~~On July 1, 1995, and the first day of July of each year~~	92323
~~thereafter, the department shall adjust the amount of the~~	92324
~~reduction in effect during the previous twelve months to reflect~~	92325
~~the rate of inflation during the preceding twelve months, as shown~~	92326
~~in the same index.~~	92327

~~(B) No provider shall report fines paid under sections~~	92328
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	92329
~~cost report filed under this section.~~	92330

(C) ~~The department shall develop an addendum to the cost~~	92331
~~report form that a provider may use to set forth costs that the~~	92332
~~provider believes may be disputed by the department. Any costs~~	92333
~~reported by the provider on the addendum may be considered by the~~	92334
~~department in setting the facility's rate. If the department does~~	92335
~~not consider the costs listed on the addendum in setting the~~	92336
~~facility's rate, the provider may seek reconsideration of that~~	92337
~~determination under section 5111.29 of the Revised Code. If the~~	92338
~~department subsequently includes the costs listed in the addendum~~	92339
~~in the facility's rate, the department shall pay the provider~~	92340
~~interest at a reasonable rate established in rules adopted under~~	92341
~~section 5111.02 of the Revised Code for the time that the rate~~	92342
~~paid excluded the costs.~~If the medicaid payment rate for a new	92343
nursing facility was most recently determined in accordance with	92344
section 5165.151 of the Revised Code, the provider shall file with	92345
the department a cost report for the new nursing facility not	92346
later than, except as provided in division (E) of this section,	92347
ninety days after the end of the new nursing facility's first	92348
three full calendar months of operation. The cost report shall	92349
cover the period that begins with the nursing facility's first day	92350
of operation and ends on the first day of the month immediately	92351
following the first three full months of operation.	92352

(D) A nursing facility provider is not required to file a	92353
cost report for a nursing facility for a calendar year in	92354
accordance with division (A) of this section if the provider files	92355
a cost report for the nursing facility under division (C) of this	92356
section and that cost report covers a period that begins after the	92357
first day of October of that calendar year. The provider shall	92358
file a cost report for the nursing facility in accordance with	92359
division (A) of this section for the immediately following	92360
calendar year.	92361

(E) The department may grant to a provider a fourteen-day	92362
extension to file a cost report under this section if the provider	92363
provides the department a written request for the extension and	92364
the department determines that there is good cause for the	92365
extension.	92366

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	92367
~~nursing facility~~ filing the nursing facility's cost report with	92368
the department of ~~job and family services~~medicaid under section	92369
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	92370
nonreimbursable expense the cost of the nursing facility's	92371
franchise permit fee.	92372

Sec. 5165.102. No nursing facility provider shall report	92373
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	92374
the Revised Code in a cost report filed under section 5165.10 or	92375
5165.522 of the Revised Code.	92376

Sec. 5165.103. Cost reports shall be completed using the	92377
form prescribed under section 5165.104 of the Revised Code and in	92378
accordance with the guidelines established under that section.	92379

Sec. 5165.104. The department of medicaid shall do all of	92380
the following:	92381

(A) Prescribe the form to be used for completing a cost	92382
report and a uniform chart of accounts for the purpose of	92383
reporting costs on the form;	92384

(B) Distribute a paper copy of the form, or computer software	92385
for electronic submission of the form, to each provider at least	92386
sixty days before the date the cost report is due;	92387

92388

Sec. 5165.105. The department of medicaid shall develop an	92389
addendum to the cost report form that a nursing facility provider	92390
may use to set forth costs that the provider believes the	92391
department may dispute. The department may consider such costs in	92392
determining a nursing facility's medicaid payment rate. If the	92393
department does not consider such costs in determining a nursing	92394
facility's medicaid payment rate, the provider may seek	92395
reconsideration of the determination in accordance with section	92396
5165.38 of the Revised Code. If the department subsequently	92397
includes such costs in a nursing facility's medicaid payment rate,	92398
the department shall pay the provider interest at a reasonable	92399
rate established in rules adopted under section 5165.02 of the	92400
Revised Code for the period that the rate excluded the costs.	92401

Sec. 5165.106. If a nursing facility provider required by	92402
section 5165.10 of the Revised Code to file a cost report for the	92403
nursing facility fails to file the cost report by the date it is	92404
due or the date, if any, to which the due date is extended	92405
pursuant to division (E) of that section, or files an incomplete	92406
or inadequate report for the nursing facility under that section,	92407
the department of medicaid shall provide immediate written notice	92408
to the provider that the provider agreement for the nursing	92409
facility will be terminated in thirty days unless the provider	92410
submits a complete and adequate cost report for the nursing	92411
facility within thirty days. During the thirty-day termination	92412
period or any additional time allowed for an appeal of the	92413
proposed termination of a provider agreement, the provider shall	92414
be paid the nursing facility's then current per medicaid day	92415
payment rate, minus the dollar amount by which nursing facility's	92416
per medicaid day payment rates are reduced during fiscal year 2013	92417
in accordance with division (A)(2) of section 5111.26 of the	92418
Revised Code (renumbered as section 5165.10 of the Revised Code by	92419
H.B. 59 of the 130th general assembly) as that section existed on	92420
the day immediately preceding the effective date of this section.	92421
On the first day of each July, the department shall adjust the	92422
amount of the reduction in effect during the previous twelve	92423
months to reflect the rate of inflation during the preceding	92424
twelve months, as shown in the consumer price index for all items	92425
for all urban consumers for the north central region, published by	92426
the United States bureau of labor statistics.	92427

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	92428
(B) of this section and not later than three years after a nursing	92429
facility provider files a cost report with the department of ~~job~~	92430
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	92431
Revised Code, the provider may amend the cost report if the	92432
provider discovers a material error in the cost report or	92433
additional information to be included in the cost report. The	92434
department shall review the amended cost report for accuracy and	92435
notify the provider of its determination.	92436

(B) A provider may not amend a cost report if the department	92437
has notified the provider that an audit of the cost report or a	92438
cost report of the provider for a subsequent cost reporting period	92439
is to be conducted under section ~~5111.27~~5165.109 of the Revised	92440
Code. The provider may, however, provide the department	92441
information that affects the costs included in the cost report.	92442
Such information may not be provided after the adjudication of the	92443
final settlement of the cost report.	92444

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	92445
~~services~~medicaid shall conduct a desk review of each cost report	92446
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	92447
Revised Code. Based on the desk review, the department shall make	92448
a preliminary determination of whether the reported costs are	92449
allowable costs. The department shall notify each nursing facility	92450
provider of whether any of the reported costs are preliminarily	92451
determined not to be allowable, the medicaid payment rate	92452
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	92453
~~Revised Code~~this chapter that results from that determination,	92454
and the reasons for the determination and resulting rate. The	92455
department shall allow the provider to verify the calculation and	92456
submit additional information.	92457

~~(B) The department may conduct an audit, as defined by rule~~	92458
~~adopted under section 5111.02 of the Revised Code, of any cost~~	92459
~~report. The decision whether to conduct an audit and the scope of~~	92460
~~the audit, which may be a desk or field audit, may be determined~~	92461
~~based on prior performance of the provider, a risk analysis, or~~	92462
~~other evidence that gives the department reason to believe that~~	92463
~~the provider has reported costs improperly. A desk or field audit~~	92464
~~may be performed annually, but is required whenever a provider~~	92465
~~does not pass the risk analysis tolerance factors. An audit shall~~	92466
~~be conducted by auditors under contract with or employed by the~~	92467
~~department. The department shall notify a provider of the findings~~	92468
~~of an audit by issuing an audit report. An audit report regarding~~	92469
~~a nursing facility shall include notice of any fine imposed under~~	92470
~~section 5111.271 of the Revised Code. The department shall issue~~	92471
~~the audit report no later than three years after the cost report~~	92472
~~is filed, or upon the completion of a desk or field audit on the~~	92473
~~report or a report for a subsequent cost reporting period,~~	92474
~~whichever is earlier.~~	92475

~~The department may establish a contract for the auditing of~~	92476
~~facilities by outside firms. Each contract entered into by bidding~~	92477
~~shall be effective for one to two years. The department shall~~	92478
~~establish an audit manual and program which shall require that all~~	92479
~~field audits, conducted either pursuant to a contract or by~~	92480
~~department employees:~~	92481

~~(1) Comply with the applicable rules prescribed pursuant to~~	92482
~~Titles XVIII and XIX;~~	92483

~~(2) Consider generally accepted auditing standards prescribed~~	92484
~~by the American institute of certified public accountants;~~	92485

~~(3) Include a written summary as to whether the costs~~	92486
~~included in the report examined during the audit are allowable and~~	92487
~~are presented in accordance with state and federal laws and~~	92488
~~regulations, and whether, in all material respects, allowable~~	92489
~~costs are documented, reasonable, and related to patient care;~~	92490

~~(4) Are conducted by accounting firms or auditors who, during~~	92491
~~the period of the auditors' professional engagement or employment~~	92492
~~and during the period covered by the cost reports, do not have nor~~	92493
~~are committed to acquire any direct or indirect financial interest~~	92494
~~in the ownership, financing, or operation of a nursing facility or~~	92495
~~intermediate care facility for the mentally retarded in this~~	92496
~~state;~~	92497

~~(5) Are conducted by accounting firms or auditors who, as a~~	92498
~~condition of the contract or employment, shall not audit any~~	92499
~~facility that has been a client of the firm or auditor;~~	92500

~~(6) Are conducted by auditors who are otherwise independent~~	92501
~~as determined by the standards of independence included in the~~	92502
~~government auditing standards produced by the United States~~	92503
~~government accountability office;~~	92504

~~(7) Are completed within the time period specified by the~~	92505
~~department;~~	92506

~~(8) Provide to the provider complete written interpretations~~	92507
~~that explain in detail the application of all relevant contract~~	92508
~~provisions, regulations, auditing standards, rate formulae, and~~	92509
~~departmental policies, with explanations and examples, that are~~	92510
~~sufficient to permit the provider to calculate with reasonable~~	92511
~~certainty those costs that are allowable and the rate to which the~~	92512
~~provider's facility is entitled.~~	92513

~~For the purposes of division (B)(4) of this section,~~	92514
~~employment of a member of an auditor's family by a nursing~~	92515
~~facility or intermediate care facility for the mentally retarded~~	92516
~~that the auditor does not review does not constitute a direct or~~	92517
~~indirect financial interest in the ownership, financing, or~~	92518
~~operation of the facility.~~	92519

~~(C) The department, pursuant to rules adopted under section~~	92520
~~5111.02 of the Revised Code, may conduct an exception review of~~	92521
~~assessment data submitted under section 5111.232 of the Revised~~	92522
~~Code. The department may conduct an exception review based on the~~	92523
~~findings of a certification survey conducted by the department of~~	92524
~~health, a risk analysis, or prior performance of the provider.~~	92525

~~Exception reviews shall be conducted at the facility by~~	92526
~~appropriate health professionals under contract with or employed~~	92527
~~by the department of job and family services. The professionals~~	92528
~~may review resident assessment forms and supporting documentation,~~	92529
~~conduct interviews, and observe residents to identify any patterns~~	92530
~~or trends of inaccurate assessments and resulting inaccurate~~	92531
~~case-mix scores.~~	92532

~~The rules shall establish an exception review program that~~	92533
~~requires that exception reviews do all of the following:~~	92534

~~(1) Comply with Titles XVIII and XIX;~~

92535

~~(2) Provide a written summary that states whether the~~	92536
~~resident assessment forms have been completed accurately;~~	92537

~~(3) Are conducted by health professionals who, during the~~	92538
~~period of their professional engagement or employment with the~~	92539
~~department, neither have nor are committed to acquire any direct~~	92540
~~or indirect financial interest in the ownership, financing, or~~	92541
~~operation of a nursing facility or intermediate care facility for~~	92542
~~the mentally retarded in this state;~~	92543

~~(4) Are conducted by health professionals who, as a condition~~	92544
~~of their engagement or employment with the department, shall not~~	92545
~~review any provider that has been a client of the professional.~~	92546

~~For the purposes of division (C)(3) of this section,~~	92547
~~employment of a member of a health professional's family by a~~	92548
~~nursing facility or intermediate care facility for the mentally~~	92549
~~retarded that the professional does not review does not constitute~~	92550
~~a direct or indirect financial interest in the ownership,~~	92551
~~financing, or operation of the facility.~~	92552

~~If an exception review is conducted before the effective date~~	92553
~~of the rate that is based on the case-mix data subject to the~~	92554
~~review and the review results in findings that exceed tolerance~~	92555
~~levels specified in the rules adopted under this division, the~~	92556
~~department, in accordance with those rules, may use the findings~~	92557
~~to recalculate individual resident case-mix scores, quarterly~~	92558
~~average facility case-mix scores, and annual average facility~~	92559
~~case-mix scores. The department may use the recalculated quarterly~~	92560
~~and annual facility average case-mix scores to calculate the~~	92561
~~facility's rate for direct care costs for the appropriate calendar~~	92562
~~quarter or quarters.~~	92563

~~(D) The department shall prepare a written summary of any~~	92564
~~audit disallowance or exception review finding that is made after~~	92565
~~the effective date of the rate that is based on the cost or~~	92566
~~case-mix data. Where the provider is pursuing judicial or~~	92567
~~administrative remedies in good faith regarding the disallowance~~	92568
~~or finding, the department shall not withhold from the provider's~~	92569
~~current payments any amounts the department claims to be due from~~	92570
~~the provider pursuant to section 5111.28 of the Revised Code.~~	92571

~~(E) The department shall not reduce rates calculated under~~	92572
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	92573
~~the provider charges a lower rate to any resident who is not~~	92574
~~eligible for the medicaid program.~~	92575

~~(F) The department shall adjust the rates calculated under~~	92576
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	92577
~~reasonable additional costs that must be incurred by intermediate~~	92578
~~care facilities for the mentally retarded to comply with~~	92579
~~requirements of federal or state statutes, rules, or policies~~	92580
~~enacted or amended after January 1, 1992, or with orders issued by~~	92581
~~state or local fire authorities.~~	92582

Sec. 5165.109. (A) The department of medicaid may conduct an	92583
audit, as defined in rules adopted under section 5165.02 of the	92584
Revised Code, of any cost report filed under section 5165.10 or	92585
5165.522 of the Revised Code. The decision whether to conduct an	92586
audit and the scope of the audit, which may be a desk or field	92587
audit, may be determined based on prior performance of the	92588
provider, a risk analysis, or other evidence that gives the	92589
department reason to believe that the provider has reported costs	92590
improperly. A desk or field audit may be performed annually, but	92591
is required whenever a provider does not pass the risk analysis	92592
tolerance factors.	92593

(B) Audits shall be conducted by auditors under contract with	92594
the department, auditors working for firms under contract with the	92595
department, or auditors employed by the department.	92596

The department may establish a contract for the auditing of	92597
nursing facilities by outside firms. Each contract entered into by	92598
bidding shall be effective for one to two years.	92599

(C) The department shall notify a provider of the findings of	92600
an audit of a cost report by issuing an audit report. The audit	92601
report shall include notice of any fine imposed under section	92602
5165.1010 of the Revised Code. The department shall issue the	92603
audit report not later than three years after the earlier of the	92604
following:	92605

(1) The date the cost report is filed;

92606

(2) The date a desk or field audit of the cost report or a	92607
cost report for a subsequent cost reporting period is completed.	92608

(D) The department shall prepare a written summary of any	92609
audit disallowance that is made after the effective date of the	92610
rate that is based on the cost. Where the provider is pursuing	92611
judicial or administrative remedies in good faith regarding the	92612
disallowance, the department shall not withhold from the	92613
provider's current payments any amounts the department claims to	92614
be due from the provider pursuant to section 5165.41 of the	92615
Revised Code.	92616

(E)(1) The department shall establish an audit manual and	92617
program for field audits conducted under this section. Each	92618
auditor conducting a field audit under this section shall follow	92619
the audit manual and program, regardless of whether the auditor is	92620
under contract with the department, works for a firm under	92621
contract with the department, or is employed by the department.	92622
The manual and program shall do both of the following:	92623

(a) Require each field audit to be conducted by an auditor to	92624
whom all of the following apply:	92625

(i) During the period of the auditor's contract, firm's	92626
contract, or auditor's employment with the department, the auditor	92627
or firm does not have and is not committed to acquire any direct	92628
or indirect financial interest in the ownership, financing, or	92629
operation of nursing facilities in this state.	92630

(ii) The auditor does not audit any provider that has been a	92631
client of the auditor or the auditor's firm.	92632

(iii) The auditor is otherwise independent as determined by	92633
the standards of independence included in the government auditing	92634
standards produced by the United States government accountability	92635
office.	92636

(b) Require each auditor conducting a field audit to do all	92637
of the following:	92638

(i) Comply with applicable rules prescribed pursuant to Title	92639
XVIII and Title XIX;	92640

(ii) Consider generally accepted auditing standards	92641
prescribed by the American institute of certified public	92642
accountants;	92643

(iii) Include a written summary as to whether the costs	92644
included in the cost report examined during the audit are	92645
allowable and are presented in accordance with state and federal	92646
laws and regulations, and whether, in all material respects,	92647
allowable costs are documented, reasonable, and related to patient	92648
care;	92649

(iv) Complete the audit within the time period specified by	92650
the department;	92651

(v) Provide to the provider complete written interpretations	92652
that explain in detail the application of all relevant contract	92653
provisions, regulations, auditing standards, rate formulae, and	92654
departmental policies, with explanations and examples, that are	92655
sufficient to permit the provider to calculate with reasonable	92656
certainty those costs that are allowable and the rate to which the	92657
provider's nursing facility is entitled.	92658

(2) For the purpose of division (E)(1)(a)(i) of this section,	92659
employment of a member of an auditor's family by a nursing	92660
facility that the auditor does not audit does not constitute a	92661
direct or indirect financial interest in the ownership, financing,	92662
or operation of the nursing facility.	92663

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	92664
section, the department of ~~job and family services~~medicaid shall	92665
fine the provider of a nursing facility if the report of an audit	92666
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	92667
Revised Code regarding a cost report for the nursing facility	92668
includes either of the following:	92669

(1) Adverse findings that exceed three per cent of the total	92670
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	92671
in the cost report;	92672

(2) Adverse findings that exceed twenty per cent of	92673
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	92674
cost center reported in the cost report.	92675

(B) A fine issued under this section shall equal the greatest	92676
of the following:	92677

(1) If the adverse findings exceed three per cent but do not	92678
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	92679
medicaid-allowable costs reported in the cost report, the greater	92680
of three per cent of those reported costs or ten thousand dollars;	92681

(2) If the adverse findings exceed ten per cent but do not	92682
exceed twenty per cent of the total amount of	92683
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	92684
cost report, the greater of six per cent of those reported costs	92685
or twenty-five thousand dollars;	92686

(3) If the adverse findings exceed twenty per cent of the	92687
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	92688
reported in the cost report, the greater of ten per cent of those	92689
reported costs or fifty thousand dollars;	92690

(4) If the adverse findings exceed twenty per cent but do not	92691
exceed twenty-five per cent of ~~medicaid-reimbursable~~	92692
medicaid-allowable costs for a particular cost center reported in	92693
the cost report, the greater of three per cent of the total amount	92694
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	92695
cost report or ten thousand dollars;	92696

(5) If the adverse findings exceed twenty-five per cent but	92697
do not exceed thirty per cent of ~~medicaid-reimbursable~~	92698
medicaid-allowable costs for a particular cost center reported in	92699
the cost report, the greater of six per cent of the total amount	92700
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	92701
cost report or twenty-five thousand dollars;	92702

(6) If the adverse findings exceed thirty per cent of	92703
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	92704
cost center reported in the cost report, the greater of ten per	92705
cent of the total amount of ~~medicaid-reimbursable~~	92706
medicaid-allowable costs reported in the cost report or fifty	92707
thousand dollars.	92708

(C) Fines paid under this section shall be deposited into the	92709
health care services administration fund created under section	92710
~~5111.94~~5162.54 of the Revised Code.	92711

(D) The department may not collect a fine under this section	92712
until all appeal rights relating to the audit report that is the	92713
basis for the fine are exhausted.	92714

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	92715
~~resource utilization resident" means a medicaid recipient residing~~	92716
~~in a nursing facility who, for purposes of calculating the nursing~~	92717
~~facility's medicaid reimbursement rate for direct care costs, is~~	92718
~~placed in either of the two lowest resource utilization groups,~~	92719
~~excluding any resource utilization group that is a default group~~	92720
~~used for residents with incomplete assessment data.~~	92721

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	92722
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	92723
~~division (C) of this section~~, the total per medicaid day payment	92724
rate that the department of ~~job and family services~~medicaid shall	92725
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	92726
facility ~~pursuant to a provider agreement~~provider for nursing	92727
facility services the provider's nursing facility provides during	92728
a fiscal year shall equal the sum of all of the following:	92729

(1) ~~The rate for direct care costs determined for the nursing~~	92730
~~facility under section 5111.231 of the Revised Code;~~	92731

~~(2)~~ The per medicaid day payment rate for ancillary and	92732
support costs determined for the nursing ~~facility's ancillary and~~	92733
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	92734
the Revised Code;	92735

~~(3)~~(2) The per medicaid day payment rate for capital costs	92736
determined for the nursing facility under section 5165.17 of the	92737
Revised Code;	92738

(3) The per medicaid day payment rate for direct care costs	92739
determined for the nursing facility under section 5165.19 of the	92740
Revised Code;	92741

(4) The per medicaid day payment rate for tax costs	92742
determined for the nursing facility under section ~~5111.242~~5165.21	92743
of the Revised Code;	92744

~~(4) The quality incentive payment paid to the nursing~~	92745
~~facility under section 5111.244 of the Revised Code;~~	92746

(5) If the nursing facility qualifies as a critical access	92747
nursing facility, the nursing facility's critical access incentive	92748
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	92749
5165.23 of the Revised Code;	92750

(6) The ~~rate for capital costs determined for the nursing~~	92751
~~facility's capital costs peer group under section 5111.25~~quality	92752
incentive payment paid to the nursing facility under section	92753
5165.25 of the Revised Code.	92754

~~(C) The total rate determined under division (B) of this~~	92755
~~section shall not be paid for nursing facility services provided~~	92756
~~to low resource utilization residents. Instead, the total rate for~~	92757
~~nursing facility services that a nursing facility provides to low~~	92758
~~resource utilization residents shall be one hundred thirty dollars~~	92759
~~per medicaid day.~~	92760

~~(D)~~(B) In addition to paying a nursing facility provider the	92761
nursing facility's total rate determined under division ~~(B) or~~	92762
~~(C)~~(A) of this section for a fiscal year, the department shall pay	92763
the provider a quality bonus under section ~~5111.245~~5165.26 of the	92764
Revised Code for that fiscal year if the provider's nursing	92765
facility is a qualifying nursing facility, as defined in that	92766
section, for that fiscal year. The quality bonus shall not be part	92767
of the total rate.	92768

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	92769
~~services shall establish initial rates for a nursing facility with~~	92770
~~a first date of licensure that is on or after July 1, 2006,~~	92771
~~including a facility that replaces one or more existing~~	92772
~~facilities, or for a nursing facility with a first date of~~	92773
~~licensure before that date that was initially certified for the~~	92774
~~medicaid program on or after that date,~~total per medicaid day	92775
payment rate determined under section 5165.15 of the Revised Code	92776
shall not be the initial rate for nursing facility services	92777
provided by a new nursing facility. Instead, the initial total per	92778
medicaid day payment rate for nursing facility services provided	92779
by a new nursing facility shall be determined in the following	92780
manner:	92781

(1) The initial rate for ancillary and support costs shall be	92782
the rate for the new nursing facility's peer group determined	92783
under division (D) of section 5165.16 of the Revised Code.	92784

(2) The initial rate for capital costs shall be the rate for	92785
the new nursing facility's peer group determined under division	92786
(D) of section 5165.17 of the Revised Code;	92787

(3) The initial rate for direct care costs shall be the	92788
product of the cost per case-mix unit determined under division	92789
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	92790
nursing facility's peer group and the new nursing facility's	92791
case-mix score determined under division (B) of this section. ~~For~~	92792
~~the purpose of division (A)(1) of this section, the nursing~~	92793
~~facility's case-mix score shall be the following:~~	92794

~~(a) Unless the nursing facility replaces an existing nursing~~	92795
~~facility that participated in the medicaid program immediately~~	92796
~~before the replacement nursing facility begins participating in~~	92797
~~the medicaid program, the median annual average case-mix score for~~	92798
~~the nursing facility's peer group;~~	92799

~~(b) If the nursing facility replaces an existing nursing~~	92800
~~facility that participated in the medicaid program immediately~~	92801
~~before the replacement nursing facility begins participating in~~	92802
~~the medicaid program, the semiannual case-mix score most recently~~	92803
~~determined under section 5111.232 of the Revised Code for the~~	92804
~~replaced nursing facility as adjusted, if necessary, to reflect~~	92805
~~any difference in the number of beds in the replaced and~~	92806
~~replacement nursing facilities.~~	92807

~~(2) The rate for ancillary and support costs shall be the~~	92808
~~rate for the facility's peer group determined under division (D)~~	92809
~~of section 5111.24 of the Revised Code.~~	92810

~~(3) The rate for capital costs shall be the rate for the~~	92811
~~facility's peer group determined under division (D) of section~~	92812
~~5111.25 of the Revised Code.~~	92813

(4) The initial rate for tax costs shall be the median rate	92814
for tax costs for the new nursing facility's peer group in which	92815
the nursing facility is placed under division (C) of section	92816
~~5111.24~~5165.16 of the Revised Code.	92817

(5) The quality incentive payment shall be the mean payment	92818
made to nursing facilities under section ~~5111.244~~5165.25 of the	92819
Revised Code.	92820

(B) For the purpose of division (A)(3) of this section, a new	92821
nursing facility's case-mix score shall be the following:	92822

(1) Unless the new nursing facility replaces an existing	92823
nursing facility that participated in the medicaid program	92824
immediately before the new nursing facility begins participating	92825
in the medicaid program, the median annual average case-mix score	92826
for the new nursing facility's peer group;	92827

(2) If the nursing facility replaces an existing nursing	92828
facility that participated in the medicaid program immediately	92829
before the new nursing facility begins participating in the	92830
medicaid program, the semiannual case-mix score most recently	92831
determined under section 5165.192 of the Revised Code for the	92832
replaced nursing facility as adjusted, if necessary, to reflect	92833
any difference in the number of beds in the replaced and new	92834
nursing facilities.	92835

(C) Subject to division ~~(C)~~(D) of this section, the	92836
department shall adjust the rates established under division (A)	92837
of this section effective the first day of July, to reflect new	92838
rate calculations for all nursing facilities under ~~sections~~	92839
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	92840

~~(C)~~(D) If a rate for direct care costs is determined under	92841
this section for a new nursing facility using the median annual	92842
average case-mix score for the new nursing facility's peer group,	92843
the rate shall be redetermined to reflect the ~~replacement~~new	92844
nursing facility's actual semiannual average case-mix score	92845
determined under section ~~5111.232~~5165.192 of the Revised Code	92846
after the new nursing facility submits its first two quarterly	92847
assessment data that qualify for use in calculating a case-mix	92848
score in accordance with rules authorized by ~~division (E) of~~	92849
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	92850
facility's quarterly submissions do not qualify for use in	92851
calculating a case-mix score, the department shall continue to use	92852
the median annual average case-mix score for the new nursing	92853
facility's peer group in lieu of the new nursing facility's	92854
semiannual case-mix score until the new nursing facility submits	92855
two consecutive quarterly assessment data that qualify for use in	92856
calculating a case-mix score.	92857

Sec. 5165.152. The total per medicaid day payment rate	92858
determined under section 5165.15 of the Revised Code shall not be	92859
paid for nursing facility services provided to low resource	92860
utilization residents. Instead, the total rate for such nursing	92861
facility services shall be one hundred thirty dollars per medicaid	92862
day.	92863

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	92864
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	92865
~~Revised Code), the director of job and family services shall adopt~~	92866
~~rules under section 5111.02 of the Revised Code that establish a~~	92867
~~methodology for calculating the prospective rates that will be~~	92868
~~paid each fiscal year to a provider for each of the provider's~~	92869
~~eligible nursing facilities and intermediate care facilities for~~	92870
~~the mentally retarded, and discrete units of the provider's~~	92871
~~nursing facilities or intermediate care facilities for the~~	92872
~~mentally retarded, that serve residents who have diagnoses~~The	92873
total per medicaid day payment rate determined under section	92874
5165.15 of the Revised Code shall not be paid for nursing facility	92875
services provided by a nursing facility, or discrete unit of a	92876
nursing facility, designated by the department of medicaid as an	92877
outlier nursing facility or unit. Instead, the provider of a	92878
designated outlier nursing facility or unit shall be paid each	92879
fiscal year a total per medicaid day payment rate that the	92880
department shall prospectively determine in accordance with a	92881
methodology established in rules authorized by this section.	92882

(B) The department may designate a nursing facility, or	92883
discrete unit of a nursing facility, as an outlier nursing	92884
facility or unit if the nursing facility or unit serves residents	92885
who have either of the following:	92886

(1) Diagnoses or special care needs that require direct care	92887
resources that are not measured adequately by the ~~applicable~~	92888
resident assessment instrument specified in rules authorized by	92889
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	92890
~~diagnoses~~;	92891

(2) Diagnoses or special care needs specified in ~~the~~ rules	92892
authorized by this section as otherwise qualifying for	92893
consideration under this section. ~~The facilities and units of~~	92894
~~facilities whose rates are established under this division may~~	92895
~~include, but shall not be limited to, any of the following:~~	92896

~~(1) In the case of nursing facilities, facilities and units~~	92897
~~of facilities that serve medically fragile pediatric residents,~~	92898
~~residents who are dependent on ventilators, or residents who have~~	92899
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	92900
~~end-stage acquired immunodeficiency syndrome;~~	92901

~~(2) In the case of intermediate care facilities for the~~	92902
~~mentally retarded, facilities and units of facilities that serve~~	92903
~~residents who have complex medical conditions or severe behavioral~~	92904
~~problems.~~	92905

~~The department shall use the methodology established under~~	92906
~~this division to pay for services rendered by such facilities and~~	92907
~~units after June 30, 1993.~~	92908

(C) Notwithstanding any other provision of this chapter	92909
(except section 5165.156 of the Revised Code), the costs incurred	92910
by a designated outlier nursing facility or unit shall not be	92911
considered in establishing medicaid payment rates for other	92912
nursing facilities or units.	92913

(D) The medicaid director shall adopt rules under section	92914
5165.02 of the Revised Code as necessary to implement this	92915
section.	92916

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	92917
both of the following:	92918

(i) Specify the criteria and procedures the department will	92919
apply when designating ~~facilities and units that qualify for~~	92920
~~calculation of rates under this division~~a nursing facility, or	92921
discrete unit of a nursing facility, as an outlier nursing	92922
facility or unit;	92923

(ii) Establish a methodology for prospectively determining	92924
the total per medicaid day payment rate that will be paid each	92925
fiscal year for nursing facility services provided by a designated	92926
outlier nursing facility or unit. ~~The criteria shall include~~	92927

(b) The rules authorized by division (D)(1)(a)(i) of this	92928
section regarding the criteria for designating outlier nursing	92929
facilities and units shall do both of the following:	92930

(i) Provide for consideration of whether all of the allowable	92931
costs of ~~the~~a nursing facility, or discrete unit of a nursing	92932
facility, would be paid by ~~rates established~~a rate determined	92933
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	92934
Code~~, and shall establish a~~;	92935

(ii) Specify the minimum ~~bed size for a~~number of nursing	92936
facility beds that a nursing facility, or discrete unit ~~to qualify~~	92937
toof a nursing facility, must have ~~its rates established under~~	92938
~~this division~~to be designated an outlier nursing facility or	92939
unit, which may vary based on the diagnoses or special care needs	92940
of the residents served by the nursing facility or unit. ~~The~~	92941
~~criteria shall not be designed to require that residents be served~~	92942
~~only in~~	92943

(c) The rules authorized by division (D)(1)(a)(i) of this	92944
section regarding the criteria for designating outlier nursing	92945
facilities and units shall not limit the designation to nursing	92946
facilities, or discrete units of nursing facilities, located in	92947
large cities. ~~The~~	92948

(d) The rules authorized by division (D)(1)(a)(ii) of this	92949
section regarding the methodology for prospectively determining	92950
the rates of designated outlier nursing facilities and units shall	92951
provide for the methodology ~~established by the rules shall~~to	92952
consider the historical costs of providing ~~care~~nursing facility	92953
services to the residents of ~~the~~designated outlier nursing	92954
facilities orand units.	92955

(2)(a) The rules may ~~require~~do both of the following:

92956

(i) Include for designation as an outlier nursing facility or	92957
unit, a nursing facility, or discrete unit of a nursing facility,	92958
that serves medically fragile pediatric residents; residents who	92959
are dependent on ventilators; residents who have severe traumatic	92960
brain injury, end-stage Alzheimer's disease, or end-stage acquired	92961
immunodeficiency syndrome; or residents with other diagnoses or	92962
special care needs specified in the rules;	92963

(ii) Require that a designated outlier nursing facility	92964
~~designated under this division or containing a unit designated~~	92965
~~under this division~~ receive authorization from the department to	92966
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	92967
~~facility or unit and~~.	92968

(b) If the director adopts rules authorized by division	92969
(D)(2)(a)(ii) of this section regarding the authorization of a	92970
designated outlier nursing facility or unit to admit or retain a	92971
resident, the rules shall specify the criteria and procedures the	92972
department will apply when granting that authorization.	92973

~~Notwithstanding any other provision of sections 5111.20 to~~	92974
~~5111.331 of the Revised Code (except section 5111.259 of the~~	92975
~~Revised Code), the costs incurred by facilities or units whose~~	92976
~~rates are established under this division shall not be considered~~	92977
~~in establishing payment rates for other facilities or units.~~	92978

~~(B) The director may adopt rules under section 5111.02 of the~~	92979
~~Revised Code under which the department, notwithstanding any other~~	92980
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	92981
~~(except section 5111.259 of the Revised Code), may adjust the~~	92982
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	92983
~~Code for a facility that serves a resident who has a diagnosis or~~	92984
~~special care need that, in the rules authorized by division (A) of~~	92985
~~this section, would qualify a facility or unit of a facility to~~	92986
~~have its rate determined under that division, but who is not in~~	92987
~~such a unit. The rules may require that a facility that qualifies~~	92988
~~for a rate adjustment under this division receive authorization~~	92989
~~from the department to admit or retain a resident who qualifies~~	92990
~~the facility for the rate adjustment and shall specify the~~	92991
~~criteria and procedures the department will apply when granting~~	92992
~~that authorization.~~	92993

Sec. 5165.154. (A) To the extent, if any, provided for in	92994
rules authorized by this section, the total per medicaid day	92995
payment rate determined under section 5165.15 of the Revised Code	92996
shall not be paid for nursing facility services that a nursing	92997
facility not designated as an outlier nursing facility or unit	92998
provides to a resident who meets the criteria for admission to a	92999
designated outlier nursing facility or unit, as specified in rules	93000
authorized by section 5165.153 of the Revised Code. Instead, the	93001
provider of a nursing facility providing nursing facility services	93002
to such a resident shall be paid each fiscal year a total per	93003
medicaid day payment rate that the department of medicaid shall	93004
prospectively determine in accordance with a methodology	93005
established in rules authorized by this section.	93006

(B) The medicaid director may adopt rules under section	93007
5165.02 of the Revised Code to implement this section. The rules	93008
may require that a nursing facility receive authorization from the	93009
department before admitting or retaining a resident who meets the	93010
criteria for admission to a designated outlier nursing facility or	93011
unit. If the director adopts such rules, the rules shall specify	93012
the criteria and procedures the department will apply when	93013
granting the authorization.	93014

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

93015

~~"Dual eligible individual" has the same meaning as in section~~	93016
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	93017
~~42 U.S.C. 1396n(h)(2)(B).~~	93018

~~"Medicaid~~, "medicaid maximum allowable amount" means one	93019
hundred per cent of a nursing facility's total per ~~diem~~medicaid	93020
day payment rate ~~for a medicaid day~~.	93021

(B) ~~The~~Instead of paying the total per medicaid day payment	93022
rate determined under section 5165.15 of the Revised Code, the	93023
department of ~~job and family services~~medicaid shall pay the	93024
provider of a nursing facility the lesser of the following for	93025
nursing facility services the nursing facility provides on or	93026
after January 1, 2012, to a dual eligible individual who is	93027
eligible for nursing facility services under the medicaid program	93028
and post-hospital extended care services under Part A of Title	93029
XVIII:	93030

(1) The coinsurance amount for the services as provided under	93031
Part A of Title XVIII;	93032

(2) The medicaid maximum allowable amount for the services,	93033
less the amount paid under Part A of Title XVIII for the services.	93034

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	93035
~~family services~~ may ~~submit a request to the United States~~	93036
~~secretary of health and human services for approval to~~ establish a	93037
centers of excellence component of the medicaid program. The	93038
purpose of the centers of excellence component is to increase the	93039
efficiency and quality of nursing facility services provided to	93040
medicaid recipients with complex nursing facility service needs.	93041
~~If federal approval for the centers of excellence component is~~	93042
~~granted, the~~The director may adopt rules under section ~~5111.02~~	93043
5165.02 of the Revised Code governing the component, including	93044
rules that establish a method of determining the medicaid	93045
~~reimbursement~~payment rates for nursing facilities providing	93046
nursing facility services to medicaid recipients participating in	93047
the component. The rules may specify the extent to which, if any,	93048
of the provisions of ~~section 5111.258~~sections 5165.153 and	93049
5165.154 of the Revised Code are to apply to the centers of	93050
excellence component. If such rules are adopted, the nursing	93051
facilities that provide nursing facility services to medicaid	93052
recipients participating in the centers of excellence component	93053
shall be paid for those services in accordance with the method	93054
established in the rules ~~notwithstanding anything to the contrary~~	93055
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	93056
day payment rate determined under section 5165.15 of the Revised	93057
Code.	93058

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

93059

(1) "Applicable calendar year" means the following:

93060

(a) For the purpose of the department of ~~job and family~~	93061
~~services'~~medicaid's initial determination under division (D) of	93062
this section of each peer group's rate for ancillary and support	93063
costs, calendar year 2003;	93064

(b) For the purpose of the department's rebasings, the	93065
calendar year the department selects.	93066

(2) "Rebasing" means a redetermination under division (D) of	93067
this section of each peer ~~groups'~~group's rate for ancillary and	93068
support costs using information from cost reports for an	93069
applicable calendar year that is later than the applicable	93070
calendar year used for the previous determination of such rates.	93071

(B) The department of ~~job and family services~~medicaid shall	93072
~~pay a provider for~~determine each ~~of the provider's eligible~~	93073
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	93074
payment rate for ancillary and support costs ~~determined for the~~.	93075
A nursing facility's ~~peer group~~rate shall be the rate determined	93076
under division (D) of this section for the nursing facility's peer	93077
group. However, for the period beginning October 1, 2013, and	93078
ending on the first day of the first rebasing, the rate for a	93079
nursing facility located in Mahoning or Stark county shall be the	93080
rate determined for the following:	93081

(1) If the nursing facility has fewer than one hundred beds,	93082
the nursing facilities in peer group three;	93083

(2) If the nursing facility has one hundred or more beds, the	93084
nursing facilities in peer group four.	93085

(C) For the purpose of determining nursing facilities' ~~rate~~	93086
rates for ancillary and support costs, the department shall	93087
establish six peer groups.	93088

~~Each~~(1) Until the first rebasing occurs, the peer groups	93089
shall be composed as follows:	93090

(a) Each nursing facility located in any of the following	93091
counties shall be placed in peer group one or two: Brown, Butler,	93092
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	93093
located in any of those counties that has fewer than one hundred	93094
beds shall be placed in peer group one. Each nursing facility	93095
located in any of those counties that has one hundred or more beds	93096
shall be placed in peer group two.	93097

(b) Each nursing facility located in any of the following	93098
counties shall be placed in peer group three or four: Ashtabula,	93099
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	93100
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	93101
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	93102
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	93103
Union, and Wood. Each nursing facility located in any of those	93104
counties that has fewer than one hundred beds shall be placed in	93105
peer group three. Each nursing facility located in any of those	93106
counties that has one hundred or more beds shall be placed in peer	93107
group four.	93108

(c) Each nursing facility located in any of the following	93109
counties shall be placed in peer group five or six: Adams, Allen,	93110
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	93111
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	93112
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	93113
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	93114
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	93115
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	93116
Washington, Wayne, Williams, and Wyandot. Each nursing facility	93117
located in any of those counties that has fewer than one hundred	93118
beds shall be placed in peer group five. Each nursing facility	93119
located in any of those counties that has one hundred or more beds	93120
shall be placed in peer group six.	93121

(2) Beginning with the first rebasing, the peer groups shall	93122
be composed as they are under division (C)(1) of this section	93123
except as follows:	93124

(a) Each nursing facility that has fewer than one hundred	93125
beds and is located in Mahoning or Stark county shall be placed in	93126
peer group three rather than peer group five.	93127

(b) Each nursing facility that has one hundred or more beds	93128
and is located in Mahoning or Stark county shall be placed in peer	93129
group four rather than peer group six.	93130

(D)(1) The department shall determine the rate for ancillary	93131
and support costs for each peer group established under division	93132
(C) of this section. The department is not required to conduct a	93133
rebasing more than once every ten years. Except as necessary to	93134
implement the amendments made to this section by Am. Sub. H.B. 153	93135
and Sub. H.B. 303, both of the 129th general assembly, the rate	93136
for ancillary and support costs determined under this division for	93137
a peer group shall be used for subsequent years until the	93138
department conducts a rebasing. To determine a peer group's rate	93139
for ancillary and support costs, the department shall do all of	93140
the following:	93141

(a) Subject to division (D)(2) of this section, determine the	93142
rate for ancillary and support costs for each nursing facility in	93143
the peer group for the applicable calendar year by using the	93144
greater of the nursing facility's actual inpatient days for the	93145
applicable calendar year or the inpatient days the nursing	93146
facility would have had for the applicable calendar year if its	93147
occupancy rate had been ninety per cent;	93148

(b) Subject to division (D)(3) of this section, identify	93149
which nursing facility in the peer group is at the twenty-fifth	93150
percentile of the rate for ancillary and support costs for the	93151
applicable calendar year determined under division (D)(1)(a) of	93152
this section;	93153

(c) Multiply the rate for ancillary and support costs	93154
determined under division (D)(1)(a) of this section for the	93155
nursing facility identified under division (D)(1)(b) of this	93156
section by the rate of inflation for the eighteen-month period	93157
beginning on the first day of July of the applicable calendar year	93158
and ending the last day of December of the calendar year	93159
immediately following the applicable calendar year using the	93160
following:	93161

(i) Until the first rebasing occurs, the consumer price index	93162
for all items for all urban consumers for the north central	93163
region, published by the United States bureau of labor statistics,	93164
as that index existed on July 1, 2005;	93165

(ii) Effective with the first rebasing and except as provided	93166
in division (D)(1)(c)(iii) of this section, the consumer price	93167
index for all items for all urban consumers for the midwest	93168
region, published by the United States bureau of labor statistics;	93169

(iii) If the United States bureau of labor statistics ceases	93170
to publish the index specified in division (D)(1)(c)(ii) of this	93171
section, the index the bureau subsequently publishes that covers	93172
urban consumers' prices for items for the region that includes	93173
this state.	93174

(d) Until the first rebasing occurs, increase the amount	93175
calculated under division (D)(1)(c) of this section by five and	93176
eight hundredths per cent.	93177

(2) For the purpose of determining a nursing facility's	93178
occupancy rate under division (D)(1)(a) of this section, the	93179
department shall include any beds that the nursing facility	93180
removes from its medicaid-certified capacity unless the nursing	93181
facility also removes the beds from its licensed bed capacity.	93182

(3) In making the identification under division (D)(1)(b) of	93183
this section, the department shall exclude both of the following:	93184

(a) Nursing facilities that participated in the medicaid	93185
program under the same provider for less than twelve months in the	93186
applicable calendar year;	93187

(b) Nursing facilities whose ancillary and support costs are	93188
more than one standard deviation from the mean desk-reviewed,	93189
actual, allowable, per diem ancillary and support cost for all	93190
nursing facilities in the nursing facility's peer group for the	93191
applicable calendar year.	93192

(4) The department shall not redetermine a peer group's rate	93193
for ancillary and support costs under this division based on	93194
additional information that it receives after the rate is	93195
determined. The department shall redetermine a peer group's rate	93196
for ancillary and support costs only if the department made an	93197
error in determining the rate based on information available to	93198
the department at the time of the original determination.	93199

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

93200

(1) "Applicable calendar year" means the following:

93201

(a) For the purpose of the department of ~~job and family~~	93202
~~services'~~medicaid's initial determination under division (D) of	93203
this section of each peer group's rate for capital costs, calendar	93204
year 2003;	93205

(b) For the purpose of the department's rebasings, the	93206
calendar year the department selects.	93207

(2) "Rebasing" means a redetermination under division (D) of	93208
this section of each peer ~~groups'~~group's rate for capital costs	93209
using information from cost reports for an applicable calendar	93210
year that is later than the applicable calendar year used for the	93211
previous determination of such rates.	93212

(B) The department of ~~job and family services~~medicaid shall	93213
~~pay a provider for~~determine each ~~of the provider's eligible~~	93214
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	93215
payment rate for capital costs ~~determined for the~~. A nursing	93216
facility's ~~peer group~~rate shall be the rate determined under	93217
division (D) of this section. However, for the period beginning	93218
October 1, 2013, and ending on the first day of the first	93219
rebasing, the rate for a nursing facility located in Mahoning or	93220
Stark county shall be the rate determined for the following:	93221

(1) If the nursing facility has fewer than one hundred beds,	93222
the nursing facilities in peer group three;	93223

(2) If the nursing facility has one hundred or more beds, the	93224
nursing facilities in peer group four.	93225

(C) For the purpose of determining nursing facilities' ~~rate~~	93226
rates for capital costs, the department shall establish six peer	93227
groups.	93228

~~Each~~(1) Until the first rebasing occurs, the peer groups	93229
shall be composed as follows:	93230

(a) Each nursing facility located in any of the following	93231
counties shall be placed in peer group one or two: Brown, Butler,	93232
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	93233
located in any of those counties that has fewer than one hundred	93234
beds shall be placed in peer group one. Each nursing facility	93235
located in any of those counties that has one hundred or more beds	93236
shall be placed in peer group two.	93237

(b) Each nursing facility located in any of the following	93238
counties shall be placed in peer group three or four: Ashtabula,	93239
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	93240
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	93241
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	93242
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	93243
Union, and Wood. Each nursing facility located in any of those	93244
counties that has fewer than one hundred beds shall be placed in	93245
peer group three. Each nursing facility located in any of those	93246
counties that has one hundred or more beds shall be placed in peer	93247
group four.	93248

(c) Each nursing facility located in any of the following	93249
counties shall be placed in peer group five or six: Adams, Allen,	93250
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	93251
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	93252
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	93253
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	93254
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	93255
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	93256
Washington, Wayne, Williams, and Wyandot. Each nursing facility	93257
located in any of those counties that has fewer than one hundred	93258
beds shall be placed in peer group five. Each nursing facility	93259
located in any of those counties that has one hundred or more beds	93260
shall be placed in peer group six.	93261

(2) Beginning with the first rebasing, the peer groups shall	93262
be composed as they are under division (C)(1) of this section	93263
except as follows:	93264

(a) Each nursing facility that has fewer than one hundred	93265
beds and is located in Mahoning or Stark county shall be placed in	93266
peer group three rather than peer group five.	93267

(b) Each nursing facility that has one hundred or more beds	93268
and is located in Mahoning or Stark county shall be placed in peer	93269
group four rather than peer group six.	93270

(D)(1) The department shall determine the rate for capital	93271
costs for each peer group established under division (C) of this	93272
section. The department is not required to conduct a rebasing more	93273
than once every ten years. Except as necessary to implement the	93274
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	93275
303, both of the 129th general assembly, the rate for capital	93276
costs determined under this division for a peer group shall be	93277
used for subsequent years until the department conducts a	93278
rebasing. To determine a peer group's rate for capital costs, the	93279
department shall do both of the following:	93280

(a) Determine the rate for capital costs for the nursing	93281
facility in the peer group that is at the twenty-fifth percentile	93282
of the rate for capital costs for the applicable calendar year;	93283

(b) Until the first rebasing occurs, increase the amount	93284
calculated under division (D)(1)(a) of this section by five and	93285
eight hundredths per cent.	93286

(2) To identify the nursing facility in a peer group that is	93287
at the twenty-fifth percentile of the rate for capital costs for	93288
the applicable calendar year, the department shall do both of the	93289
following:	93290

(a) Subject to division (D)(3) of this section, use the	93291
greater of each nursing facility's actual inpatient days for the	93292
applicable calendar year or the inpatient days the nursing	93293
facility would have had for the applicable calendar year if its	93294
occupancy rate had been one hundred per cent;	93295

(b) Exclude both of the following:

93296

(i) Nursing facilities that participated in the medicaid	93297
program under the same provider for less than twelve months in the	93298
applicable calendar year;	93299

(ii) Nursing facilities whose capital costs are more than one	93300
standard deviation from the mean desk-reviewed, actual, allowable,	93301
per diem capital cost for all nursing facilities in the nursing	93302
facility's peer group for the applicable calendar year.	93303

(3) For the purpose of determining a nursing facility's	93304
occupancy rate under division (D)(2)(a) of this section, the	93305
department shall include any beds that the nursing facility	93306
removes from its medicaid-certified capacity after June 30, 2005,	93307
unless the nursing facility also removes the beds from its	93308
licensed bed capacity.	93309

(4) The department shall not redetermine a peer group's rate	93310
for capital costs under this division based on additional	93311
information that it receives after the rate is determined. The	93312
department shall redetermine a peer group's rate for capital costs	93313
only if the department made an error in determining the rate based	93314
on information available to the department at the time of the	93315
original determination.	93316

(E) Buildings shall be depreciated using the straight line	93317
method over forty years or over a different period approved by the	93318
department. Components and equipment shall be depreciated using	93319
the straight-line method over a period designated in rules adopted	93320
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	93321
the guidelines of the American hospital association, or over a	93322
different period approved by the department. Any rules authorized	93323
by this division that specify useful lives of buildings,	93324
components, or equipment apply only to assets acquired on or after	93325
July 1, 1993. Depreciation for costs paid or reimbursed by any	93326
government agency shall not be included in capital costs unless	93327
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	93328
~~Revised Code~~this chapter is used to reimburse the government	93329
agency.	93330

(F) The capital cost basis of nursing facility assets shall	93331
be determined in the following manner:	93332

(1) Except as provided in division (F)(3) of this section,	93333
for purposes of calculating the rates to be paid for facilities	93334
with dates of licensure on or before June 30, 1993, the capital	93335
cost basis of each asset shall be equal to the desk-reviewed,	93336
actual, allowable, capital cost basis that is listed on the	93337
facility's cost report for the calendar year preceding the fiscal	93338
year during which the rate will be paid.	93339

(2) For facilities with dates of licensure after June 30,	93340
1993, the capital cost basis shall be determined in accordance	93341
with the principles of the medicare program ~~established under~~	93342
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	93343
~~5111.331 of the Revised Code~~this chapter.	93344

(3) Except as provided in division (F)(4) of this section, if	93345
a provider transfers an interest in a facility to another provider	93346
after June 30, 1993, there shall be no increase in the capital	93347
cost basis of the asset if the providers are related parties or	93348
the provider to which the interest is transferred authorizes the	93349
provider that transferred the interest to continue to operate the	93350
facility under a lease, management agreement, or other	93351
arrangement. If the previous sentence does not prohibit the	93352
adjustment of the capital cost basis under this division, the	93353
basis of the asset shall be adjusted by one-half of the change in	93354
the consumer price index for all items for all urban consumers, as	93355
published by the United States bureau of labor statistics, during	93356
the time that the transferor held the asset.	93357

(4) If a provider transfers an interest in a facility to	93358
another provider who is a related party, the capital cost basis of	93359
the asset shall be adjusted as specified in division (F)(3) of	93360
this section if all of the following conditions are met:	93361

(a) The related party is a relative of owner;

93362

(b) Except as provided in division (F)(4)(c)(ii) of this	93363
section, the provider making the transfer retains no ownership	93364
interest in the facility;	93365

(c) The department ~~of job and family services~~ determines that	93366
the transfer is an arm's length transaction pursuant to rules	93367
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	93368
rules shall provide that a transfer is an arm's length transaction	93369
if all of the following apply:	93370

(i) Once the transfer goes into effect, the provider that	93371
made the transfer has no direct or indirect interest in the	93372
provider that acquires the facility or the facility itself,	93373
including interest as an owner, officer, director, employee,	93374
independent contractor, or consultant, but excluding interest as a	93375
creditor.	93376

(ii) The provider that made the transfer does not reacquire	93377
an interest in the facility except through the exercise of a	93378
creditor's rights in the event of a default. If the provider	93379
reacquires an interest in the facility in this manner, the	93380
department shall treat the facility as if the transfer never	93381
occurred when the department calculates its reimbursement rates	93382
for capital costs.	93383

(iii) The transfer satisfies any other criteria specified in	93384
the rules.	93385

(d) Except in the case of hardship caused by a catastrophic	93386
event, as determined by the department, or in the case of a	93387
provider making the transfer who is at least sixty-five years of	93388
age, not less than twenty years have elapsed since, for the same	93389
facility, the capital cost basis was adjusted most recently under	93390
division (F)(4) of this section or actual, allowable ~~cost of~~	93391
~~ownership~~capital costs was determined most recently under	93392
division (G)(9) of this section.	93393

(G) As used in this division:

93394

"Imputed interest" means the lesser of the prime rate plus	93395
two per cent or ten per cent.	93396

"Lease expense" means lease payments in the case of an	93397
operating lease and depreciation expense and interest expense in	93398
the case of a capital lease.	93399

"New lease" means a lease, to a different lessee, of a	93400
nursing facility that previously was operated under a lease.	93401

(1) Subject to division (B) of this section, for a lease of a	93402
facility that was effective on May 27, 1992, the entire lease	93403
expense is an actual, allowable capital cost during the term of	93404
the existing lease. The entire lease expense also is an actual,	93405
allowable capital cost if a lease in existence on May 27, 1992, is	93406
renewed under either of the following circumstances:	93407

(a) The renewal is pursuant to a renewal option that was in	93408
existence on May 27, 1992;	93409

(b) The renewal is for the same lease payment amount and	93410
between the same parties as the lease in existence on May 27,	93411
1992.	93412

(2) Subject to division (B) of this section, for a lease of a	93413
facility that was in existence but not operated under a lease on	93414
May 27, 1992, actual, allowable capital costs shall include the	93415
lesser of the annual lease expense or the annual depreciation	93416
expense and imputed interest expense that would be calculated at	93417
the inception of the lease using the lessor's entire historical	93418
capital asset cost basis, adjusted by one-half of the change in	93419
the consumer price index for all items for all urban consumers, as	93420
published by the United States bureau of labor statistics, during	93421
the time the lessor held each asset until the beginning of the	93422
lease.	93423

(3) Subject to division (B) of this section, for a lease of a	93424
facility with a date of licensure on or after May 27, 1992, that	93425
is initially operated under a lease, actual, allowable capital	93426
costs shall include the annual lease expense if there was a	93427
substantial commitment of money for construction of the facility	93428
after December 22, 1992, and before July 1, 1993. If there was not	93429
a substantial commitment of money after December 22, 1992, and	93430
before July 1, 1993, actual, allowable capital costs shall include	93431
the lesser of the annual lease expense or the sum of the	93432
following:	93433

(a) The annual depreciation expense that would be calculated	93434
at the inception of the lease using the lessor's entire historical	93435
capital asset cost basis;	93436

(b) The greater of the lessor's actual annual amortization of	93437
financing costs and interest expense at the inception of the lease	93438
or the imputed interest expense calculated at the inception of the	93439
lease using seventy per cent of the lessor's historical capital	93440
asset cost basis.	93441

(4) Subject to division (B) of this section, for a lease of a	93442
facility with a date of licensure on or after May 27, 1992, that	93443
was not initially operated under a lease and has been in existence	93444
for ten years, actual, allowable capital costs shall include the	93445
lesser of the annual lease expense or the annual depreciation	93446
expense and imputed interest expense that would be calculated at	93447
the inception of the lease using the entire historical capital	93448
asset cost basis of one-half of the change in the consumer price	93449
index for all items for all urban consumers, as published by the	93450
United States bureau of labor statistics, during the time the	93451
lessor held each asset until the beginning of the lease.	93452

(5) Subject to division (B) of this section, for a new lease	93453
of a facility that was operated under a lease on May 27, 1992,	93454
actual, allowable capital costs shall include the lesser of the	93455
annual new lease expense or the annual old lease payment. If the	93456
old lease was in effect for ten years or longer, the old lease	93457
payment from the beginning of the old lease shall be adjusted by	93458
one-half of the change in the consumer price index for all items	93459
for all urban consumers, as published by the United States bureau	93460
of labor statistics, from the beginning of the old lease to the	93461
beginning of the new lease.	93462

(6) Subject to division (B) of this section, for a new lease	93463
of a facility that was not in existence or that was in existence	93464
but not operated under a lease on May 27, 1992, actual, allowable	93465
capital costs shall include the lesser of annual new lease expense	93466
or the annual amount calculated for the old lease under division	93467
(G)(2), (3), (4), or (6) of this section, as applicable. If the	93468
old lease was in effect for ten years or longer, the lessor's	93469
historical capital asset cost basis shall be, for purposes of	93470
calculating the annual amount under division (G)(2), (3), (4), or	93471
(6) of this section, adjusted by one-half of the change in the	93472
consumer price index for all items for all urban consumers, as	93473
published by the United States bureau of labor statistics, from	93474
the beginning of the old lease to the beginning of the new lease.	93475

In the case of a lease under division (G)(3) of this section	93476
of a facility for which a substantial commitment of money was made	93477
after December 22, 1992, and before July 1, 1993, the old lease	93478
payment shall be adjusted for the purpose of determining the	93479
annual amount.	93480

(7) For any revision of a lease described in division (G)(1),	93481
(2), (3), (4), (5), or (6) of this section, or for any subsequent	93482
lease of a facility operated under such a lease, other than	93483
execution of a new lease, the portion of actual, allowable capital	93484
costs attributable to the lease shall be the same as before the	93485
revision or subsequent lease.	93486

(8) Except as provided in division (G)(9) of this section, if	93487
a provider leases an interest in a facility to another provider	93488
who is a related party or previously operated the facility, the	93489
related party's or previous operator's actual, allowable capital	93490
costs shall include the lesser of the annual lease expense or the	93491
reasonable cost to the lessor.	93492

(9) If a provider leases an interest in a facility to another	93493
provider who is a related party, regardless of the date of the	93494
lease, the related party's actual, allowable capital costs shall	93495
include the annual lease expense, subject to the limitations	93496
specified in divisions (G)(1) to (7) of this section, if all of	93497
the following conditions are met:	93498

(a) The related party is a relative of owner;

93499

(b) If the lessor retains an ownership interest, it is,	93500
except as provided in division (G)(9)(c)(ii) of this section, in	93501
only the real property and any improvements on the real property;	93502

(c) The department ~~of job and family services~~ determines that	93503
the lease is an arm's length transaction pursuant to rules adopted	93504
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	93505
provide that a lease is an arm's length transaction if all of the	93506
following apply:	93507

(i) Once the lease goes into effect, the lessor has no direct	93508
or indirect interest in the lessee or, except as provided in	93509
division (G)(9)(b) of this section, the facility itself, including	93510
interest as an owner, officer, director, employee, independent	93511
contractor, or consultant, but excluding interest as a lessor.	93512

(ii) The lessor does not reacquire an interest in the	93513
facility except through the exercise of a lessor's rights in the	93514
event of a default. If the lessor reacquires an interest in the	93515
facility in this manner, the department shall treat the facility	93516
as if the lease never occurred when the department calculates its	93517
reimbursement rates for capital costs.	93518

(iii) The lease satisfies any other criteria specified in the	93519
rules.	93520

(d) Except in the case of hardship caused by a catastrophic	93521
event, as determined by the department, or in the case of a lessor	93522
who is at least sixty-five years of age, not less than twenty	93523
years have elapsed since, for the same facility, the capital cost	93524
basis was adjusted most recently under division (F)(4) of this	93525
section or actual, allowable capital costs were determined most	93526
recently under division (G)(9) of this section.	93527

(10) This division does not apply to leases of specific items	93528
of equipment.	93529

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

93530

(1) "Applicable calendar year" means the following:

93531

(a) For the purpose of the department of ~~job and family~~	93532
~~services'~~medicaid's initial determination under division (D) of	93533
this section of each peer group's cost per case-mix unit, calendar	93534
year 2003;	93535

(b) For the purpose of the department's rebasings, the	93536
calendar year the department selects.	93537

(2) "Rebasing" means a redetermination under division (D) of	93538
this section of each peer ~~groups'~~group's cost per case-mix unit	93539
using information from cost reports for an applicable calendar	93540
year that is later than the applicable calendar year used for the	93541
previous determination of such costs.	93542

(B) ~~The~~Semiannually, the department of ~~job and family~~	93543
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	93544
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	93545
~~per~~medicaid day payment rate for direct care costs ~~determined~~	93546
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	93547
~~under division (D) of this section for the facility's peer group~~	93548
by the facility's semiannual case-mix score determined under	93549
section ~~5111.232~~5165.192 of the Revised Code by the cost per	93550
case-mix unit determined under division (D) of this section for	93551
the facility's peer group. However, for the period beginning	93552
October 1, 2013, and ending on the first day of the first	93553
rebasing, the rate for a nursing facility located in Mahoning or	93554
Stark county shall be determined semiannually by multiplying the	93555
facility's semiannual case-mix score determined under section	93556
5165.192 of the Revised Code by the cost per case-mix unit	93557
determined under division (D) of this section for the nursing	93558
facilities in peer group two.	93559

(C) For the purpose of determining nursing facilities' ~~rate~~	93560
rates for direct care costs, the department shall establish three	93561
peer groups.	93562

~~Each~~(1) Until the first rebasing occurs, the peer groups	93563
shall be composed as follows:	93564

(a) Each nursing facility located in any of the following	93565
counties shall be placed in peer group one: Brown, Butler,	93566
Clermont, Clinton, Hamilton, and Warren.	93567

(b) Each nursing facility located in any of the following	93568
counties shall be placed in peer group two: Ashtabula, Champaign,	93569
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	93570
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	93571
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	93572
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	93573
and Wood.	93574

(c) Each nursing facility located in any of the following	93575
counties shall be placed in peer group three: Adams, Allen,	93576
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	93577
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	93578
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	93579
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	93580
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	93581
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	93582
Washington, Wayne, Williams, and Wyandot.	93583

(2) Beginning with the first rebasing, the peer groups shall	93584
be composed as they are under division (C)(1) of this section	93585
except that each nursing facility located in Mahoning or Stark	93586
county shall be placed in peer group two rather than peer group	93587
three.	93588

(D)(1) The department shall determine a cost per case-mix	93589
unit for each peer group established under division (C) of this	93590
section. The department is not required to conduct a rebasing more	93591
than once every ten years. Except as necessary to implement the	93592
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	93593
303, both of the 129th general assembly, and H.B... of the 130th	93594
general assembly, the cost per case-mix unit determined under this	93595
division for a peer group shall be used for subsequent years until	93596
the department conducts a rebasing. To determine a peer group's	93597
cost per case-mix unit, the department shall do all of the	93598
following:	93599

(a) Determine the cost per case-mix unit for each nursing	93600
facility in the peer group for the applicable calendar year by	93601
dividing each facility's desk-reviewed, actual, allowable, per	93602
diem direct care costs for the applicable calendar year by the	93603
facility's annual average case-mix score determined under section	93604
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	93605
year;	93606

(b) Subject to division (D)(2) of this section, identify	93607
which nursing facility in the peer group is at the twenty-fifth	93608
percentile of the cost per case-mix units determined under	93609
division (D)(1)(a) of this section;	93610

(c) Calculate the amount that is two per cent above the cost	93611
per case-mix unit determined under division (D)(1)(a) of this	93612
section for the nursing facility identified under division	93613
(D)(1)(b) of this section;	93614

(d) Using the index specified in division (D)(3) of this	93615
section, multiply the rate of inflation for the eighteen-month	93616
period beginning on the first day of July of the applicable	93617
calendar year and ending the last day of December of the calendar	93618
year immediately following the applicable calendar year by the	93619
amount calculated under division (D)(1)(c) of this section;	93620

(e) Until the first rebasing occurs, add one dollar and	93621
~~eighty-eight~~fifty-six cents to the amount calculated under	93622
division (D)(1)(d) of this section;	93623

(f) Until the first rebasing occurs, increase the amount	93624
calculated under division (D)(1)(e) of this section by five and	93625
eight hundredths per cent.	93626

(2) In making the identification under division (D)(1)(b) of	93627
this section, the department shall exclude both of the following:	93628

(a) Nursing facilities that participated in the medicaid	93629
program under the same provider for less than twelve months in the	93630
applicable calendar year;	93631

(b) Nursing facilities whose cost per case-mix unit is more	93632
than one standard deviation from the mean cost per case-mix unit	93633
for all nursing facilities in the nursing facility's peer group	93634
for the applicable calendar year.	93635

(3) The following index shall be used for the purpose of the	93636
calculation made under division (D)(1)(d) of this section:	93637

(a) Until the first rebasing occurs, the employment cost	93638
index for total compensation, health services component, published	93639
by the United States bureau of labor statistics, as the index	93640
existed on July 1, 2005;	93641

(b) Effective with the first rebasing and except as provided	93642
in division (D)(3)(c) of this section, the employment cost index	93643
for total compensation, nursing and residential care facilities	93644
occupational group, published by the United States bureau of labor	93645
statistics;	93646

(c) If the United States bureau of labor statistics ceases to	93647
publish the index specified in division (D)(3)(b) of this section,	93648
the index the bureau subsequently publishes that covers nursing	93649
facilities' staff costs.	93650

(4) The department shall not redetermine a peer group's cost	93651
per case-mix unit under this division based on additional	93652
information that it receives after the peer group's per case-mix	93653
unit is determined. The department shall redetermine a peer	93654
group's cost per case-mix unit only if it made an error in	93655
determining the peer group's cost per case-mix unit based on	93656
information available to the department at the time of the	93657
original determination.	93658

Sec. 5165.191. Each calendar quarter, each nursing facility	93659
provider shall compile complete assessment data for each resident	93660
of each of the provider's nursing facilities, regardless of	93661
payment source, who is in the nursing facility, or on hospital or	93662
therapeutic leave from the nursing facility, on the last day of	93663
the quarter. A resident assessment instrument specified in rules	93664
authorized by this section shall be used to compile the resident	93665
assessment data. Each provider shall submit the resident	93666
assessment data to the department of health and, if required by	93667
the rules, the department of medicaid. The resident assessment	93668
data shall be submitted not later than fifteen days after the end	93669
of the calendar quarter for which the data is compiled. If the	93670
resident assessment data is to be submitted to the department of	93671
medicaid, it shall be submitted to the department through the	93672
medium or media specified in the rules.	93673

Rules adopted under section 5165.02 of the Revised Code shall	93674
do all of the following:	93675

(A) In a manner consistent with the "Social Security Act,"	93676
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	93677
assessment instrument to be used by nursing facility providers	93678
under this section;	93679

(B) Specify whether nursing facility providers must submit	93680
the resident assessment data to the department of medicaid;	93681

(C) If the rules specify that nursing facility providers must	93682
submit the resident assessment data to the department, specify the	93683
medium or media through which the data is to be submitted.	93684

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	93685
division (B) of this section and in accordance with the process	93686
specified in rules authorized by this section, the department of	93687
~~job and family services~~medicaid shall do all of the following:	93688

(a) Every quarter, determine the following two case-mix	93689
scores for each nursing facility:	93690

(i) A quarterly case-mix score that includes each resident	93691
who is a medicaid recipient and is not a low resource utilization	93692
resident;	93693

(ii) A quarterly case-mix score that includes each resident	93694
regardless of payment source.	93695

(b) Every six months, determine a semiannual ~~and annual~~	93696
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	93697
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	93698
determined for the nursing facility pursuant to division	93699
(A)(1)(a)(i) of this section;	93700

(c) After the end of each calendar year, determine an annual	93701
average case-mix score for each nursing facility by using the	93702
quarterly case-mix scores determined for the nursing facility	93703
pursuant to division (A)(1)(a)(ii) of this section.	93704

(2) When determining case-mix scores under division (A)(1) of	93705
this section, the department shall use all of the following:	93706

(a) Data from a resident assessment instrument specified in	93707
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	93708
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	93709
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	93710
~~amended, for the following residents:~~	93711

~~(i) When determining semiannual case-mix scores for fiscal~~	93712
~~year 2012, each resident who is a medicaid recipient~~;	93713

~~(ii) When determining semiannual case-mix scores for fiscal~~	93714
~~year 2013 and thereafter, each resident who is a medicaid~~	93715
~~recipient and not placed in either of the two lowest resource~~	93716
~~utilization groups, excluding any resource utilization group that~~	93717
~~is a default group used for residents with incomplete assessment~~	93718
~~data;~~	93719

~~(iii) When determining annual average case-mix scores, each~~	93720
~~resident regardless of payment source.~~	93721

(b) Except as provided in rules authorized by ~~divisions~~	93722
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	93723
by the United States department of health and human services;	93724

(c) Except as modified in rules authorized by ~~division~~	93725
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	93726
30, 1999, by the United States department of health and human	93727
services for prospective payment of skilled nursing facilities	93728
under the medicare program ~~established by Title XVIII~~.	93729

~~(2) The director of job and family services may adopt rules~~	93730
~~under section 5111.02 of the Revised Code that do any of the~~	93731
~~following:~~	93732

~~(a) Adjust the case-mix values specified in division~~	93733
~~(A)(1)(b) of this section to reflect changes in relative wage~~	93734
~~differentials that are specific to this state;~~	93735

~~(b) Express all of those case-mix values in numeric terms~~	93736
~~that are different from the terms specified by the United States~~	93737
~~department of health and human services but that do not alter the~~	93738
~~relationship of the case-mix values to one another;~~	93739

~~(c) Modify the grouper methodology specified in division~~	93740
~~(A)(1)(c) of this section as follows:~~	93741

~~(i) Establish a different hierarchy for assigning residents~~	93742
~~to case-mix categories under the methodology;~~	93743

~~(ii) Prohibit the use of the index maximizer element of the~~	93744
~~methodology;~~	93745

~~(iii) Incorporate changes to the methodology the United~~	93746
~~States department of health and human services makes after June~~	93747
~~30, 1999;~~	93748

~~(iv) Make other changes the department determines are~~	93749
~~necessary.~~	93750

(B) ~~The department shall determine case-mix scores for~~	93751
~~intermediate care facilities for the mentally retarded using data~~	93752
~~for each resident, regardless of payment source, from a resident~~	93753
~~assessment instrument and grouper methodology prescribed in rules~~	93754
~~adopted under section 5111.02 of the Revised Code and expressed in~~	93755
~~case-mix values established by the department in those rules.~~	93756

~~(C) Each calendar quarter, each provider shall compile~~	93757
~~complete assessment data, from the resident assessment instrument~~	93758
~~specified in rules authorized by division (A) or (B) of this~~	93759
~~section, for each resident of each of the provider's facilities,~~	93760
~~regardless of payment source, who was in the facility or on~~	93761
~~hospital or therapeutic leave from the facility on the last day of~~	93762
~~the quarter. Providers of a nursing facility shall submit the data~~	93763
~~to the department of health and, if required by rules, the~~	93764
~~department of job and family services.~~ ~~Providers of an~~	93765
~~intermediate care facility for the mentally retarded shall submit~~	93766
~~the data to the department of job and family services.~~ The data	93767
shall be submitted not later than fifteen days after the end of	93768
the calendar quarter for which the data is compiled.	93769

~~Except as provided in division (D) of this section, the~~	93770
~~department~~, every six months and after the end of each calendar	93771
year, shall calculate a semiannual and annual average case-mix	93772
score for each nursing facility using the facility's quarterly	93773
case-mix scores for that six-month period or calendar year. ~~Also~~	93774
~~except as provided in division (D) of this section, the~~	93775
~~department, after the end of each calendar year, shall calculate~~	93776
~~an annual average case-mix score for each intermediate care~~	93777
~~facility for the mentally retarded using the facility's quarterly~~	93778
~~case-mix scores for that calendar year.~~ The department shall make	93779
the calculations pursuant to procedures specified in rules adopted	93780
under section 5111.02 of the Revised Code.	93781

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	93782
department, for one or more months of a calendar quarter, may	93783
assign to a nursing facility a case-mix score that is five per	93784
cent less than the nursing facility's case-mix score for the	93785
immediately preceding calendar quarter if any of the following	93786
apply:	93787

(a) The provider does not timely submit ~~information~~complete	93788
and accurate resident assessment data necessary to determine the	93789
nursing facility's case-mix score for athe calendar quarter	93790
~~necessary to calculate a facility's case-mix score, or submits~~	93791
~~incomplete or inaccurate information for a calendar quarter, the~~	93792
~~department may assign the facility a quarterly average case-mix~~	93793
~~score that is five per cent less than the facility's quarterly~~	93794
~~average case-mix score for the preceding calendar quarter. If the~~;	93795

(b) The nursing facility was subject to an exception review	93796
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	93797
for the immediately preceding calendar quarter~~, the department may~~	93798
~~assign a quarterly average case-mix score that is five per cent~~	93799
~~less than the score determined by the exception review. If the~~;	93800

(c) The nursing facility was assigned a ~~quarterly average~~	93801
case-mix score for the immediately preceding calendar quarter~~, the~~	93802
~~department may assign a quarterly average case-mix score that is~~	93803
~~five per cent less than that score assigned for the preceding~~	93804
~~quarter~~.	93805

~~The department may use a quarterly average case-mix score~~	93806
~~assigned under division (D)(1) of this section, instead of a~~	93807
~~quarterly average case-mix score calculated based on the~~	93808
~~provider's submitted information, to calculate the facility's rate~~	93809
~~for direct care costs being established under section~~ ~~5111.23 or~~	93810
5111.231 of the Revised Code for one or more months, as specified	93811
in rules authorized by division (E) of this section, of the	93812
quarter for which the rate established under section ~~5111.23 or~~	93813
5111.231 of the Revised Code will be paid.	93814

(2) Before ~~taking action under division (D)(1) of this~~	93815
~~section~~assigning a case-mix score to a nursing facility due to	93816
the submission of incorrect resident assessment data, the	93817
department shall permit the provider ~~a reasonable period of time,~~	93818
~~specified in rules authorized by division (E) of this section,~~ to	93819
correct the ~~information~~data. ~~In the case of an intermediate care~~	93820
~~facility for the mentally retarded, the department shall not~~	93821
~~assign a quarterly average case-mix score due to late submission~~	93822
~~of corrections to assessment information unless the provider fails~~	93823
~~to submit corrected information prior to the eighty-first day~~	93824
~~after the end of the calendar quarter to which the information~~	93825
~~pertains. In the case of a nursing facility, the~~The department	93826
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	93827
~~late submission of corrections to assessment information unless~~if	93828
the provider fails to submit the corrected ~~information prior to~~	93829
resident assessment data not later than the earlier of the	93830
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	93831
to which the ~~information~~data pertains or the deadline for	93832
submission of such corrections established by regulations adopted	93833
by the United States department of health and human services under	93834
~~Titles~~Title XVIII and Title XIX.	93835

~~(2)~~(3) If, for more than six months in a calendar year, a	93836
provider is paid a rate determined for a nursing facility	93837
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	93838
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	93839
~~more than six months in a calendar year~~, the department may assign	93840
the nursing facility a cost per case-mix unit that is five per	93841
cent less than the nursing facility's actual or assigned cost per	93842
case-mix unit for the immediately preceding calendar year. The	93843
department may use the assigned cost per case-mix unit, instead of	93844
~~calculating~~determining the nursing facility's actual cost per	93845
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	93846
5165.19 of the Revised Code, to establish the nursing facility's	93847
rate for direct care costs for the ~~following~~ fiscal year	93848
immediately following the calendar year for which the cost per	93849
case-mix unit is assigned.	93850

~~(3)~~(4) The department shall take action under division	93851
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	93852
rules authorized by ~~division (E) of~~ this section. The department	93853
shall not take an action that affects rates for prior payment	93854
periods except in accordance with sections ~~5111.27~~5165.41 and	93855
~~5111.28~~5165.42 of the Revised Code.	93856

~~(E)~~(C) The medicaid director shall adopt rules under section	93857
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	93858
this section.	93859

(1) The rules shall do all of the following:

93860

~~(1) Specify whether providers of a nursing facility must~~	93861
~~submit the assessment data to the department of job and family~~	93862
~~services;~~	93863

~~(2) Specify the medium or media through which the completed~~	93864
~~assessment data shall be submitted;~~	93865

~~(3)~~(a) Specify the process for determining the semiannual and	93866
annual average case-mix scores for nursing facilities;	93867

(b) Adjust the case-mix values specified in division	93868
(A)(2)(b) of this section to reflect changes in relative wage	93869
differentials that are specific to this state;	93870

(c) Express all of those case-mix values in numeric terms	93871
that are different from the terms specified by the United States	93872
department of health and human services but that do not alter the	93873
relationship of the case-mix values to one another;	93874

(d) Modify the grouper methodology specified in division	93875
(A)(2)(c) of this section as follows:	93876

(i) Establish a different hierarchy for assigning residents	93877
to case-mix categories under the methodology;	93878

(ii) Prohibit the use of the index maximizer element of the	93879
methodology;	93880

(iii) Incorporate changes to the methodology the United	93881
States department of health and human services makes after June	93882
30, 1999;	93883

(iv) Make other changes the department determines are	93884
necessary.	93885

(e) Establish procedures under which ~~the~~resident assessment	93886
data shall be reviewed for accuracy and providers shall be	93887
notified of any data that requires correction;	93888

~~(4)~~(f) Establish procedures for providers to correct resident	93889
assessment data and specify a reasonable period of time by which	93890
providers shall submit the corrections. The procedures may limit	93891
the content of corrections ~~by providers of nursing facilities~~ in	93892
the manner required by regulations adopted by the United States	93893
department of health and human services under ~~Titles~~Title XVIII	93894
and Title XIX.	93895

~~(5)~~(g) Specify when and how the department will assign	93896
case-mix scores or costs per case-mix unit to a nursing facility	93897
under division ~~(D)~~(B) of this section if information necessary to	93898
calculate the nursing facility's case-mix score is not provided or	93899
corrected in accordance with the procedures established by the	93900
rules. ~~Notwithstanding~~	93901

(2) Notwithstanding any other provision of ~~sections 5111.20~~	93902
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	93903
provide for the ~~following:~~	93904

~~(a) Exclusion of case-mix scores assigned under division (D)~~	93905
~~of this section from calculation of an intermediate care facility~~	93906
~~for the mentally retarded's annual average case-mix score and the~~	93907
~~maximum cost per case-mix unit for the facility's peer group;~~	93908

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	93909
nursing facility under division ~~(D)~~(B) of this section from	93910
~~calculation~~the determination of athe nursing facility's	93911
semiannual or annual average case-mix score and the cost per	93912
case-mix unit for the nursing facility's peer group.	93913

Sec. 5165.193. (A) The department of medicaid may, pursuant	93914
to rules authorized by this section, conduct an exception review	93915
of resident assessment data submitted by a nursing facility	93916
provider under section 5165.191 of the Revised Code. The	93917
department may conduct an exception review based on the findings	93918
of a medicaid certification survey conducted by the department of	93919
health, a risk analysis, or prior performance of the provider.	93920

Exception reviews shall be conducted at the nursing facility	93921
by appropriate health professionals under contract with or	93922
employed by the department. The professionals may review resident	93923
assessment forms and supporting documentation, conduct interviews,	93924
and observe residents to identify any patterns or trends of	93925
inaccurate resident assessments and resulting inaccurate case-mix	93926
scores.	93927

(B) If an exception review is conducted before the effective	93928
date of a nursing facility's rate for direct care costs that is	93929
based on the resident assessment data being reviewed and the	93930
review results in findings that exceed tolerance levels specified	93931
in the rules authorized by this section, the department, in	93932
accordance with those rules, may use the findings to redetermine	93933
individual resident case-mix scores, the nursing facility's	93934
case-mix score for the quarter, and the nursing facility's annual	93935
average case-mix score. The department may use the nursing	93936
facility's redetermined quarterly and annual average case-mix	93937
scores to determine the nursing facility's rate for direct care	93938
costs for the appropriate calendar quarter or quarters.	93939

(C) The department shall prepare a written summary of any	93940
exception review finding that is made after the effective date of	93941
a nursing facility's rate for direct care costs that is based on	93942
the resident assessment data that was reviewed. Where the provider	93943
is pursuing judicial or administrative remedies in good faith	93944
regarding the finding, the department shall not withhold from the	93945
provider's current payments any amounts the department claims to	93946
be due from the provider pursuant to section 5165.41 of the	93947
Revised Code.	93948

(D)(1) The medicaid director shall adopt rules under section	93949
5165.02 of the Revised Code as necessary to implement this	93950
section. The rules shall establish an exception review program	93951
that does all of the following:	93952

(a) Requires each exception review to comply with Title XVIII	93953
and Title XIX;	93954

(b) Requires a written summary for each exception review that	93955
states whether resident assessment forms have been completed	93956
accurately;	93957

(c) Prohibits each health professional who conducts an	93958
exception review from doing either of the following:	93959

(i) During the period of the professional's contract or	93960
employment with the department, having or being committed to	93961
acquire any direct or indirect financial interest in the	93962
ownership, financing, or operation of nursing facilities in this	93963
state;	93964

(ii) Reviewing any provider that has been a client of the	93965
professional.	93966

(2) For the purposes of division (D)(1)(c)(i) of this	93967
section, employment of a member of a health professional's family	93968
by a nursing facility that the professional does not review does	93969
not constitute a direct or indirect financial interest in the	93970
ownership, financing, or operation of the nursing facility.	93971

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

93972

(1) "Applicable calendar year" means the following:

93973

(a) For the purpose of the department of ~~job and family~~	93974
~~services'~~medicaid's initial determination under this section of	93975
nursing facilities' rate for tax costs, calendar year 2003;	93976

(b) For the purpose of the department's rebasings, the	93977
calendar year the department selects.	93978

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	93979
of this section of each nursing facility's rate for tax costs	93980
using information from cost reports for an applicable calendar	93981
year that is later than the applicable calendar year used for the	93982
previous determination of such rates.	93983

(B) ~~The department of job and family services shall pay a~~	93984
~~provider for each of the provider's eligible nursing facilities a~~	93985
~~per resident per day rate for tax costs determined under division~~	93986
~~(C) of this section.~~	93987

~~(C)~~ The department of medicaid shall determine ~~the~~each	93988
nursing facility's per medicaid day payment rate for tax costs ~~for~~	93989
~~each nursing facility~~. The department is not required to conduct a	93990
rebasing more than once every ten years. Except as necessary to	93991
implement the amendments made to this section by Sub. H.B. 303 of	93992
the 129th general assembly, the rate for tax costs determined	93993
under this division for a nursing facility shall be used for	93994
subsequent years until the department conducts a rebasing. To	93995
determine a nursing facility's rate for tax costs and except as	93996
provided in division ~~(D)~~(C) of this section, the department shall	93997
do both of the following:	93998

(1) Divide the nursing facility's desk-reviewed, actual,	93999
allowable tax costs paid for the applicable calendar year by the	94000
number of inpatient days the nursing facility would have had if	94001
its occupancy rate had been one hundred per cent during the	94002
applicable calendar year;	94003

(2) Until the first rebasing occurs, increase the amount	94004
calculated under division ~~(C)~~(B)(1) of this section by five and	94005
eight hundredths per cent.	94006

~~(D)~~(C) If a nursing facility had a credit regarding its real	94007
estate taxes reflected on its cost report for calendar year 2003,	94008
the department shall determine, as follows, its rate for tax costs	94009
for the period beginning on July 1, 2010, and ending on the first	94010
day of the fiscal year for which the department first conducts a	94011
rebasing:	94012

(1) Divide the nursing facility's desk-reviewed, actual,	94013
allowable tax costs paid for calendar year 2004 by the number of	94014
inpatient days the nursing facility would have had if its	94015
occupancy rate had been one hundred per cent during calendar year	94016
2004;	94017

(2) Until the first rebasing occurs, increase the amount	94018
calculated under division ~~(D)~~(C)(1) of this section by five and	94019
eight hundredths per cent.	94020

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	94021
of ~~job and family services~~medicaid shall ~~pay a~~determine the	94022
critical access incentive payment ~~to the provider of~~for each	94023
nursing facility that qualifies as a critical access nursing	94024
facility. To qualify as a critical access nursing facility for a	94025
fiscal year, a nursing facility must meet all of the following	94026
requirements:	94027

(1) The nursing facility must be located in an area that, on	94028
December 31, 2011, was designated an empowerment zone under	94029
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	94030
section 1391, 26 U.S.C. 1391~~, as amended~~.	94031

(2) The nursing facility must have an occupancy rate of at	94032
least eighty-five per cent as of the last day of the calendar year	94033
immediately preceding the fiscal year.	94034

(3) The nursing facility must have a medicaid utilization	94035
rate of at least sixty-five per cent as of the last day of the	94036
calendar year immediately preceding the fiscal year.	94037

(4) The nursing facility must have been awarded at least five	94038
points for meeting accountability measures under section 5165.25	94039
of the Revised Code for the fiscal year and at least one of the	94040
five points must have been awarded for meeting the following:	94041

(a) For fiscal year 2014, the accountability measures	94042
identified in divisions (C)(10), (11), (12), and (13) of section	94043
5165.25 of the Revised Code;	94044

(b) For fiscal year 2015 and each fiscal year thereafter, the	94045
accountability measures identified in divisions (D)(9), (10),	94046
(11), (12), and (14) of section 5165.25 of the Revised Code.	94047

(B) A critical access nursing facility's critical access	94048
incentive payment for a fiscal year shall equal five per cent of	94049
the portion of the nursing facility's total rate for the fiscal	94050
year that is the sum of the rates and payment identified in	94051
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	94052
the Revised Code.	94053

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

94054

(1) ~~"Applicable percentage" means, for the accountability~~	94055
~~measures identified in divisions (C)(10) to (13) of this section,~~	94056
~~the following:~~	94057

~~(a) For fiscal year 2013, whichever of the following applies:~~

94058

~~(i) The percentage that the department of job and family~~	94059
~~services specifies for an accountability measure pursuant to~~	94060
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	94061

~~(ii) The percentage specified for an accountability measure~~	94062
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	94063

~~(b) For fiscal year 2014, whichever of the following applies:~~

94064

~~(i) The percentage used pursuant to division (F)(2) of this~~	94065
~~section;~~	94066

~~(ii) The percentage that the department specifies for an~~	94067
~~accountability measure pursuant to division (F)(3)(a) of this~~	94068
~~section.~~	94069

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	94070
~~following applies:~~	94071

~~(i) The percentage used pursuant to division (F)(2) of this~~	94072
~~section;~~	94073

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	94074
~~this section.~~	94075

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	94076
488.30.	94077

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	94078
of long-term care facilities required by section 173.47 of the	94079
Revised Code.	94080

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	94081
488.301.	94082

(4) "Exempted hospital discharge" has the same meaning as in	94083
42 C.F.R. 483.106(b)(2)(i).	94084

(5) "Family satisfaction survey" means a customer	94085
satisfaction survey, or part of a customer satisfaction survey,	94086
that contains the results of information obtained from the	94087
families of a nursing facility's residents.	94088

(6) "Minimum data set" means the standardized, uniform	94089
comprehensive assessment of nursing facility residents that is	94090
used to identify potential problems, strengths, and preferences of	94091
residents and is part of the resident assessment instrument	94092
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	94093
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	94094
~~as amended~~.	94095

(7) ~~"National voluntary consensus standards for nursing~~	94096
~~homes" means measures used to determine the quality of care~~	94097
~~provided by nursing facilities as endorsed by the national quality~~	94098
~~forum.~~	94099

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	94100
of the Revised Code.	94101

~~(9)~~(8) "Resident satisfaction survey" means a customer	94102
satisfaction survey, or part of a customer satisfaction survey,	94103
that contains the results of information obtained from a nursing	94104
facility's residents.	94105

~~(10)~~(9) "Room mirror" means a mirror that is located in	94106
either of the following rooms:	94107

(a) A resident bathroom if the sink used by a resident after	94108
the resident uses the resident bathroom is in the resident	94109
bathroom;	94110

(b) A resident's room if the sink used by a resident after	94111
the resident uses the resident bathroom is in the resident's room.	94112

~~(11)~~(10) "Room sink" means a sink that is located in either	94113
of the following rooms:	94114

(a) A resident bathroom if the sink used by a resident after	94115
the resident uses the resident bathroom is in the resident	94116
bathroom;	94117

(b) A resident's room if the sink used by a resident after	94118
the resident uses the resident bathroom is in the resident's room.	94119

~~(12)~~(11) "Standard survey" has the same meaning as in 42	94120
C.F.R. 488.301.	94121

(12) "Special focus facility list" means the list of nursing	94122
facilities that the United States department of health and human	94123
services creates under the special focus facility program required	94124
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	94125
1396r(f)(10).	94126

(13) "Substantial wall" means a permanent structure that	94127
reaches from floor to ceiling and divides a semiprivate room into	94128
two distinct living spaces, each with its own window.	94129

(14) "Table B of the special focus facility list" means the	94130
table included in the special focus facility list that identifies	94131
nursing facilities that have not improved.	94132

(B)(1) Each fiscal year, the department of ~~job and family~~	94133
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	94134
quality incentive payment ~~to the provider of each nursing facility~~	94135
~~that is awarded one or more points for meeting accountability~~	94136
~~measures under division (C) of this section~~. Subject to ~~division~~	94137
divisions (B)(2) and (3) of this section, the per medicaid day	94138
amount of a quality incentive payment paid to a nursing facility	94139
provider shall be the product of the following:	94140

(a) The number of points the provider's nursing facility is	94141
awarded for meeting accountability measures under ~~division (C) of~~	94142
this section;	94143

(b) Three dollars and twenty-nine cents.

94144

(2) The maximum quality incentive payment that may be paid to	94145
~~the provider of~~ a nursing facility provider for a fiscal year 2014	94146
shall be sixteen dollars and forty-four cents per medicaid day.	94147

(3) The maximum quality incentive payment that may be paid to	94148
a nursing facility provider for fiscal year 2015 and each fiscal	94149
year thereafter shall be the following:	94150

(a) Sixteen dollars and forty-four cents if at least one of	94151
the points awarded to the nursing facility for meeting	94152
accountability measures is for an accountability measure	94153
identified in division (D)(9), (10), (11), (12), or (14) of this	94154
section;	94155

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	94156
of this section does not apply.	94157

(C) ~~Subject~~For fiscal year 2014 only and subject to	94158
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	94159
department shall award each nursing facility participating in the	94160
medicaid program one point for each of the following	94161
accountability measures the facility meets:	94162

(1) The facility's overall score on its resident satisfaction	94163
survey is at least eighty-six.	94164

(2) The facility's overall score on its family satisfaction	94165
survey is at least eighty-eight.	94166

(3) The facility satisfies the requirements for participation	94167
in the advancing excellence in America's nursing homes campaign.	94168

(4) The facility had neither of the following on the	94169
facility's most recent standard survey conducted not later than	94170
the last day of the calendar year immediately preceding the fiscal	94171
year for which the point is to be awarded or any complaint surveys	94172
conducted in the calendar year immediately preceding the fiscal	94173
year for which the point is to be awarded:	94174

(a) A health deficiency with a scope and severity level	94175
greater than F;	94176

(b) A deficiency that constitutes a substandard quality of	94177
care.	94178

(5) The facility offers at least fifty per cent of its	94179
residents at least one of the following dining choices for at	94180
least one meal each day:	94181

(a) Restaurant-style dining in which food is brought from the	94182
food preparation area to residents per the residents' orders;	94183

(b) Buffet-style dining in which residents obtain their own	94184
food, or have the facility's staff bring food to them per the	94185
residents' directions, from the buffet;	94186

(c) Family-style dining in which food is customarily served	94187
on a serving dish and shared by residents;	94188

(d) Open dining in which residents have at least a two-hour	94189
period to choose when to have a meal;	94190

(e) Twenty-four-hour dining in which residents may order	94191
meals from the facility any time of the day.	94192

(6) At least fifty per cent of the facility's residents are	94193
able to take a bath or shower as often as they choose.	94194

(7) The facility has at least both of the following scores on	94195
its resident satisfaction survey:	94196

(a) With regard to the question in the survey regarding	94197
residents' ability to choose when to go to bed in the evening, at	94198
least eighty-nine;	94199

(b) With regard to the question in the survey regarding	94200
residents' ability to choose when to get out of bed in the	94201
morning, at least seventy-six.	94202

(8) The facility has at least both of the following scores on	94203
its family satisfaction survey:	94204

(a) With regard to the question in the survey regarding	94205
residents' ability to choose when to go to bed in the evening, at	94206
least eighty-eight;	94207

(b) With regard to the question in the survey regarding	94208
residents' ability to choose when to get out of bed in the	94209
morning, at least seventy-five.	94210

(9) All of the following apply to the facility:

94211

(a) At least seventy-five per cent of the facility's	94212
residents have the opportunity, following admission to the	94213
facility and before completing or quarterly updating their	94214
individual plans of care, to discuss their goals for the care they	94215
are to receive at the facility, including their preferences for	94216
advance care planning, with a member of the residents' ~~healthcare~~	94217
health care teams that the facility, residents, and residents'	94218
sponsors consider appropriate.	94219

(b) The facility records the residents' care goals, including	94220
the residents' advance care planning preferences, in their medical	94221
records.	94222

(c) The facility uses the residents' care goals, including	94223
the residents' advance care planning preferences, in the	94224
development of the residents' individual plans of care.	94225

(10) Not more than ~~the applicable percentage~~thirteen and	94226
thirty-five hundredths per cent of the facility's long-stay	94227
residents report severe to moderate pain during the minimum data	94228
set assessment process.	94229

(11) Not more than ~~the applicable percentage~~five and	94230
seventy-three hundredths per cent of the facility's long-stay,	94231
high-risk residents have been assessed as having one or more stage	94232
two, three, or four pressure ulcers during the minimum data set	94233
assessment process.	94234

(12) Not more than ~~the applicable percentage~~one and	94235
fifty-two hundredths per cent of the facility's long-stay	94236
residents were physically restrained as reported during the	94237
minimum data set assessment process.	94238

(13) Less than ~~the applicable percentage~~seven and	94239
seventy-eight hundredths per cent of the facility's long-stay	94240
residents had a urinary tract infection as reported during the	94241
minimum data set assessment process.	94242

(14) The facility uses a tool for tracking residents'	94243
admissions to hospitals.	94244

(15) An average of at least fifty per cent of the facility's	94245
medicaid-certified beds are in private rooms.	94246

(16) The facility has accessible resident bathrooms, all of	94247
which meet at least two of the following standards and at least	94248
some of which meet all of the following standards:	94249

(a) There are room mirrors that are accessible to residents	94250
in wheelchairs, can be adjusted so as to be visible to residents	94251
who are seated or standing, or both.	94252

(b) There are room sinks that are accessible to residents in	94253
wheelchairs and have clearance for wheelchairs.	94254

(c) There are room sinks that have faucets with adaptive or	94255
easy-to-use lever or paddle handles.	94256

(17) The facility does both of the following:

94257

(a) Maintains a written policy that prohibits the use of	94258
overhead paging systems or limits the use of overhead paging	94259
systems to emergencies, as defined in the policy;	94260

(b) Communicates the policy to its staff, residents, and	94261
families of residents.	94262

(18) The facility has a score of at least ninety on its	94263
resident satisfaction survey with regard to the question in the	94264
survey regarding residents' ability to personalize their rooms	94265
with personal belongings.	94266

(19) The facility has a score of at least ninety-five on its	94267
family satisfaction survey with regard to the question in the	94268
survey regarding residents' ability to personalize their rooms	94269
with personal belongings.	94270

(20) The facility does both of the following:

94271

(a) Maintains a written policy that requires consistent	94272
assignment of nurse aides and specifies the goal of having a	94273
resident receive nurse aide care from not more than eight	94274
different nurse aides during a thirty-day period;	94275

(b) Communicates the policy to its staff, residents, and	94276
families of residents.	94277

(21) The facility's staff retention rate is at least	94278
seventy-five per cent.	94279

(22) The facility's turnover rate for nurse aides is not	94280
higher than sixty-five per cent.	94281

(23) For at least fifty per cent of the resident care	94282
conferences in the facility, a nurse aide who is a primary	94283
caregiver for the resident attends and participates in the	94284
conference.	94285

(D) For fiscal year 2015 and each fiscal year thereafter and	94286
subject to division (E) of this section, the department shall	94287
award each nursing facility participating in the medicaid program	94288
one point for each of the following accountability measures the	94289
facility meets:	94290

(1) The facility's overall score on its resident satisfaction	94291
survey is at least eighty-seven and five-tenths.	94292

(2) The facility's overall score on its family satisfaction	94293
survey is at least eighty-five and nine-tenths.	94294

(3) The facility satisfies the requirements for participation	94295
in the advancing excellence in America's nursing homes campaign.	94296

(4) Both of the following apply to the facility:

94297

(a) The facility had not been listed on table B of the	94298
special focus facility list for eighteen or more consecutive	94299
months during any time during the calendar year immediately	94300
preceding the fiscal year for which the point is to be awarded.	94301

(b) The facility had neither of the following on the	94302
facility's most recent standard survey conducted not later than	94303
the last day of the calendar year immediately preceding the fiscal	94304
year for which the point is to be awarded or any complaint surveys	94305
conducted in the calendar year immediately preceding the fiscal	94306
year for which the point is to be awarded:	94307

(i) A health deficiency with a scope and severity level	94308
greater than F;	94309

(ii) A deficiency that constitutes a substandard quality of	94310
care.	94311

(5) The facility does all of the following:

94312

(a) Offers at least fifty per cent of its residents at least	94313
one of the following dining choices for at least two meals each	94314
day:	94315

(i) Restaurant-style dining in which food is brought from the	94316
food preparation area to residents per the residents' orders;	94317

(ii) Buffet-style dining in which residents obtain their own	94318
food, or have the facility's staff bring food to them per the	94319
residents' directions, from the buffet;	94320

(iii) Family-style dining in which food is customarily served	94321
on a serving dish and shared by residents;	94322

(iv) Open dining in which residents have at least a two-hour	94323
period to choose when to have a meal;	94324

(v) Twenty-four-hour dining in which residents may order	94325
meals from the facility any time of the day.	94326

(b) Maintains a written policy specifying the manner or	94327
manners in which residents' dining choices for meals are offered;	94328

(c) Communicates the policy to its staff, residents, and	94329
families of residents.	94330

(6) The facility does all of the following:

94331

(a) Enables at least fifty per cent of the facility's	94332
residents to take a bath or shower when they choose;	94333

(b) Maintains a written policy regarding residents' choices	94334
in bathing;	94335

(c) Communicates the policy to its staff, residents, and	94336
families of residents.	94337

(7) The facility has at least both of the following scores on	94338
its resident satisfaction survey:	94339

(a) With regard to the question in the survey regarding	94340
residents' ability to choose when to go to bed in the evening, at	94341
least eighty-nine;	94342

(b) With regard to the question in the survey regarding	94343
residents' ability to choose when to get out of bed in the	94344
morning, at least seventy-six.	94345

(8) The facility has at least both of the following scores on	94346
its family satisfaction survey:	94347

(a) With regard to the question in the survey regarding	94348
residents' ability to choose when to go to bed in the evening, at	94349
least eighty-eight;	94350

(b) With regard to the question in the survey regarding	94351
residents' ability to choose when to get out of bed in the	94352
morning, at least seventy-five.	94353

(9) Not more than thirteen and thirty-five hundredths per	94354
cent of the facility's long-stay residents report severe to	94355
moderate pain during the minimum data set assessment process.	94356

(10) Not more than five and sixteen hundredths per cent of	94357
the facility's long-stay, high-risk residents have been assessed	94358
as having one or more stage two, three, or four pressure ulcers	94359
during the minimum data set assessment process.	94360

(11) Not more than one and fifty-two hundredths per cent of	94361
the facility's long-stay residents were physically restrained as	94362
reported during the minimum data set assessment process.	94363

(12) Less than seven per cent of the facility's long-stay	94364
residents had a urinary tract infection as reported during the	94365
minimum data set assessment process.	94366

(13) The facility does all of the following:

94367

(a) Uses a tool for tracking residents' admissions to	94368
hospitals;	94369

(b) Informs the department of the tool the facility uses to	94370
track residents' hospital admissions;	94371

(c) Each month, reports to the department hospital admission	94372
data for all residents.	94373

(14) Both of the following apply:

94374

(a) At least ninety-five per cent of the facility's long-stay	94375
residents are assessed for risk of pneumococcal pneumonia and, if	94376
appropriate as determined by the assessment, vaccinated against	94377
pneumococcal pneumonia.	94378

(b) At least ninety-three per cent of the facility's	94379
long-stay residents are assessed for risk of seasonal influenza	94380
and, if appropriate as determined by the assessment, vaccinated	94381
against seasonal influenza.	94382

(15) An average of at least fifty per cent of the facility's	94383
medicaid-certified beds are in either, or in a combination of	94384
both, of the following:	94385

(a) Private rooms;

94386

(b) Semiprivate rooms to which all of the following apply:

94387

(i) Each room provides a distinct territory for each resident	94388
occupying the room.	94389

(ii) Each distinct territory has a window and is separated by	94390
a substantial wall from the other distinct territories in the	94391
room.	94392

(iii) Each resident is able to enter and exit the distinct	94393
territory of the resident's room without entering or exiting	94394
another resident's distinct territory.	94395

(iv) Complete visual privacy for each distinct territory may	94396
be obtained by drawing a curtain or other screen.	94397

(16) The facility does both of the following:

94398

(a) Obtains at least a ninety-five per cent compliance rate	94399
with requesting resident reviews required by 42 C.F.R.	94400
483.106(b)(2)(ii) for individuals who are exempted hospital	94401
discharges;	94402

(b) Reports to the department data demonstrating the	94403
facility's compliance with the resident review requirements.	94404

(17) The facility does both of the following:

94405

(a) Maintains a written policy that requires consistent	94406
assignment of nurse aides and specifies the goal of having a	94407
resident receive nurse aide care from not more than twelve	94408
different nurse aides during a thirty-day period;	94409

(b) Communicates the policy to its staff, residents, and	94410
families of residents.	94411

(18) The facility's staff retention rate is at least	94412
seventy-five per cent.	94413

(19) The facility's turnover rate for nurse aides is not	94414
higher than sixty-five per cent.	94415

(20) For at least fifty per cent of the resident care	94416
conferences in the facility, a nurse aide who is a primary	94417
caregiver for the resident attends and participates in the	94418
conference.	94419

(21) All of the following apply to the facility:

94420

(a) At least seventy-five per cent of the facility's	94421
residents have the opportunity, following admission to the	94422
facility and before completing or quarterly updating their	94423
individual plans of care, to discuss their goals for the care they	94424
are to receive at the facility, including their preferences for	94425
advance care planning, with a member of the residents' health care	94426
teams that the facility, residents, and residents' sponsors	94427
consider appropriate.	94428

(b) The facility records the residents' care goals, including	94429
the residents' advance care planning preferences, in their medical	94430
records.	94431

(c) The facility uses the residents' care goals, including	94432
the residents' advance care planning preferences, in the	94433
development of the residents' individual plans of care.	94434

(d) The facility maintains a written policy that encourages	94435
advance care planning.	94436

(e) The facility communicates the policy to its staff,	94437
residents, and families of residents.	94438

(22) The facility does both of the following:

94439

(a) Maintains a written policy that prohibits the use of	94440
overhead paging systems or limits the use of overhead paging	94441
systems to emergencies, as defined in the policy;	94442

(b) Communicates the policy to its staff, residents, and	94443
families of residents.	94444

(E)(1) To be awarded a point for meeting an accountability	94445
measure under division (C) or (D) of this section other than the	94446
accountability measure identified in ~~division~~divisions (C)(4) and	94447
(D)(4)(b) of this section, a nursing facility must meet the	94448
accountability measure in the calendar year immediately preceding	94449
the fiscal year for which the point is to be awarded. ~~However, a~~	94450
~~nursing facility must meet the accountability measures specified~~	94451
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	94452
~~(23) of this section in the period beginning January 1, 2012, and~~	94453
~~ending March 31, 2012, to be awarded points for those~~	94454
~~accountability measures for fiscal year 2013.~~	94455

(2) The department shall award points pursuant to ~~division~~	94456
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	94457
section to a nursing facility only if a resident satisfaction	94458
survey was initiated under section 173.47 of the Revised Code for	94459
the nursing facility in the calendar year immediately preceding	94460
the fiscal year for which the points are to be awarded.	94461

(3) The department shall award points pursuant to ~~division~~	94462
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	94463
section to a nursing facility only if a family satisfaction survey	94464
was initiated under section 173.47 of the Revised Code for the	94465
nursing facility in the calendar year immediately preceding the	94466
fiscal year for which the points are to be awarded.	94467

(4) The department shall award points pursuant to divisions	94468
(D)(21) and (22) of this section only for fiscal year 2015.	94469

(5) Not later than July 1, 2013, the department shall adjust	94470
the score used for the purpose of division (C)(8)(b) of this	94471
section in a manner that causes at least fifty per cent of nursing	94472
facilities to meet division (C)(8)(b) of this section.	94473

~~(E) For the purposes of awarding points under divisions~~	94474
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	94475
~~following apply:~~	94476

~~(1) If, by July 1, 2012, the United States centers for~~	94477
~~medicare and medicaid services makes calculations using the 3.0~~	94478
~~version of the minimum data set that indicate whether nursing~~	94479
~~facilities meet those accountability measures, the department~~	94480
~~shall do both of the following:~~	94481

~~(a) Rely on those calculations;~~

94482

~~(b) Specify the percentages to be used for the purposes of~~	94483
~~those accountability measures and, in specifying the percentages,~~	94484
~~provide for at least fifty per cent of nursing facilities to earn~~	94485
~~points for meeting those accountability measures.~~	94486

~~(2) If, by July 1, 2012, the United States centers for~~	94487
~~medicare and medicaid services does not make calculations using~~	94488
~~the 3.0 version of the minimum data set that indicate whether~~	94489
~~nursing facilities meet those accountability measures, the~~	94490
~~department shall do either of the following:~~	94491

~~(a) Do both of the following:~~

94492

~~(i) Make the calculations using the 3.0 version of the~~	94493
~~minimum data set in accordance with the national voluntary~~	94494
~~consensus standards for nursing homes;~~	94495

~~(ii) Specify the percentages to be used for the purposes of~~	94496
~~those accountability measures and, in specifying the percentages,~~	94497
~~provide for at least fifty per cent of nursing facilities to earn~~	94498
~~points for meeting those accountability measures.~~	94499

~~(b) Do all of the following:~~

94500

~~(i) Rely on the most recent calculations the United States~~	94501
~~centers for medicare and medicaid services made using the 2.0~~	94502
~~version of the minimum data set that indicate whether nursing~~	94503
~~facilities meet those accountability measures;~~	94504

~~(ii) Use four per cent as the applicable percentage for the~~	94505
~~accountability measure identified in division (C)(10) of this~~	94506
~~section;~~	94507

~~(iii) Use nine per cent as the applicable percentage for the~~	94508
~~accountability measure identified in division (C)(11) of this~~	94509
~~section;~~	94510

~~(iv) Use two per cent as the applicable percentage for the~~	94511
~~accountability measure identified in division (C)(12) of this~~	94512
~~section;~~	94513

~~(v) Use ten per cent as the applicable percentage for the~~	94514
~~accountability measure identified in division (C)(13) of this~~	94515
~~section.~~	94516

(F) ~~For the purposes of awarding points under divisions~~	94517
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	94518
~~thereafter, the department shall do the following:~~	94519

~~(1) Rely on calculations the United States centers for~~	94520
~~medicare and medicaid services makes using the 3.0 version of the~~	94521
~~minimum data set that indicate whether nursing facilities meet~~	94522
~~those accountability measures;~~	94523

~~(2) If the department takes action pursuant to division~~	94524
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	94525
~~percentages the department specifies pursuant to division~~	94526
~~(E)(1)(b) of this section for the purposes of those accountability~~	94527
~~measures;~~	94528

~~(3) If the department takes action pursuant to division~~	94529
~~(E)(2) of this section for fiscal year 2013, do the following:~~	94530

~~(a) For fiscal year 2014, specify the percentages to be used~~	94531
~~for the purposes of those accountability measures and, in~~	94532
~~specifying the percentages, provide for at least fifty per cent of~~	94533
~~nursing facilities to earn points for meeting those accountability~~	94534
~~measures;~~	94535

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	94536
~~percentages the department specifies pursuant to division~~	94537
~~(F)(3)(a) of this section for the purposes of those accountability~~	94538
~~measures.~~	94539

~~(G) The director of job and family services shall adopt rules~~	94540
~~under section 5111.02 of the Revised Code as necessary to~~	94541
~~implement this section.~~	94542

~~The rules~~Rules adopted under section 5165.02 of the Revised	94543
Code may specify what is meant by "some" as that word is used in	94544
division (C)(16) of this section.	94545

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

94546

(1) "Point days for a fiscal year" means the product of the	94547
following:	94548

(a) A qualifying nursing facility's quality bonus points for	94549
the fiscal year;	94550

(b) The number of the qualifying nursing facility's medicaid	94551
days in the fiscal year.	94552

(2) "Qualifying nursing facility" means a nursing facility	94553
that qualifies for a quality bonus for a fiscal year as determined	94554
under division (B) of this section.	94555

(3) "Quality bonus points for a fiscal year" means the amount	94556
determined by subtracting five from the number of points awarded	94557
to a qualifying nursing facility for meeting accountability	94558
measures under ~~division (C) of~~ section ~~5111.244~~5165.25 of the	94559
Revised Code for a fiscal year.	94560

(4) "Residual budgeted amount for quality incentive payments	94561
for a fiscal year" means the amount determined for a fiscal year	94562
as follows:	94563

(a) Multiply the total number of medicaid days in the fiscal	94564
year by sixteen dollars and forty-four cents;	94565

(b) Determine the total amount of quality incentive payments	94566
that was paid under section ~~5111.244~~5165.25 of the Revised Code	94567
to all nursing facility providers for the fiscal year;	94568

(c) Subtract the amount determined under division (A)(4)(b)	94569
of this section from the product calculated under division	94570
(A)(4)(a) of this section.	94571

(B) The department of ~~job and family services~~medicaid shall	94572
pay a nursing facility provider a quality bonus for a fiscal year	94573
if both of the following apply:	94574

(1) The provider's nursing facility is awarded more than five	94575
points for meeting accountability measures under ~~division (C) of~~	94576
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year.	94577

(2) The residual budgeted amount for quality incentive	94578
payments for the fiscal year is greater than zero.	94579

(C) The total quality bonus to be paid to the provider of a	94580
qualifying nursing facility for a fiscal year shall equal the	94581
product of the following:	94582

(1) The quality bonus per medicaid day for the fiscal year	94583
determined for the provider's qualifying nursing facility under	94584
division (D) of this section;	94585

(2) The number of the qualifying nursing facility's medicaid	94586
days in the fiscal year.	94587

(D) A qualifying nursing facility's quality bonus per	94588
medicaid day for a fiscal year shall be the product of the	94589
following:	94590

(1) The nursing facility's quality bonus points for the	94591
fiscal year;	94592

(2) The quality bonus per point for the fiscal year	94593
determined under division (E) of this section.	94594

(E) The quality bonus per point for a fiscal year shall be	94595
determined as follows:	94596

(1) Determine the number of each qualifying nursing	94597
facility's point days for the fiscal year;	94598

(2) Determine the sum of all qualifying nursing facilities'	94599
point days for the fiscal year;	94600

(3) Divide the residual budgeted amount for quality incentive	94601
payments for the fiscal year by the sum determined under division	94602
(E)(2) of this section.	94603

(F) The calculation of a qualifying nursing facility's bonus	94604
payment is not subject to appeal under Chapter 119. of the Revised	94605
Code.	94606

~~(G) The director of job and family services may adopt rules~~	94607
~~under section 5111.02 of the Revised Code as necessary to~~	94608
~~implement this section.~~	94609

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	94610
adds or replaces one or more medicaid certified beds to or at the	94611
nursing facility, or renovates one or more of the nursing	94612
facility's beds, the medicaid payment rate for the added,	94613
replaced, or renovated beds shall be the same as the medicaid	94614
payment rate for the nursing facility's existing beds.	94615

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	94616
beds are relocated from one nursing facility to another nursing	94617
facility owned by a different person or government entity and the	94618
application for the certificate of need authorizing the relocation	94619
is filed with the director of health on or after ~~the effective~~	94620
~~date of this section~~July 1, 2005, amortization of the cost of	94621
acquiring operating rights for the relocated beds is not an	94622
allowable cost for the purpose of determining the nursing	94623
facility's medicaid ~~reimbursement~~payment rate.	94624

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	94625
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	94626
services, and facilities, furnished to a nursing facility provider	94627
by a related party are includable in the allowable costs of the	94628
provider at the reasonable cost to the related party.	94629

Sec. 5165.32. The department of medicaid shall not reduce a	94630
nursing facility's medicaid payment rate determined under this	94631
chapter on the basis that the provider charges a lower rate to any	94632
resident who is not eligible for medicaid.	94633

Sec. 5165.33. No medicaid payment shall be made to a nursing	94634
facility provider for the day a medicaid recipient is discharged	94635
from the nursing facility.	94636

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	94637
~~services~~medicaid may make medicaid payments to a nursing	94638
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	94639
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	94640
recipient during a temporary absence under conditions prescribed	94641
by the department, to include hospitalization for an acute	94642
condition, visits with relatives and friends, and participation in	94643
therapeutic programs outside the facility, when the resident's	94644
plan of care provides for such absence and federal financial	94645
participation infor the payments is available.	94646

(B) The maximum period for which payments may be made to	94647
reserve a bed in a nursing facility shall not exceed thirty days	94648
in a calendar year.	94649

(C) The department shall establish the per ~~diem~~medicaid day	94650
payment rates ~~to be paid to providers of nursing facilities~~ for	94651
reserving beds under this section. In establishing the per ~~diem~~	94652
medicaid day payment rates, the department shall ~~do the following:~~	94653

~~(1) In the case of a payment to reserve a bed for a day~~	94654
~~during calendar year 2011, set the per diem rate at an amount not~~	94655
~~exceeding fifty per cent of the per diem rate the provider would~~	94656
~~be paid if the recipient were not absent from the nursing facility~~	94657
~~that day;~~	94658

~~(2) In the case of a payment to reserve a bed for a day~~	94659
~~during calendar year 2012 and each calendar year thereafter,~~ set	94660
the per ~~diem~~medicaid day payment rate at an amount equal to the	94661
following:	94662

~~(a)~~(1) In the case of a nursing facility that had an	94663
occupancy rate ~~in the preceding calendar year~~ exceeding	94664
ninety-five per cent, an amount not exceeding fifty per cent of	94665
the per ~~diem~~medicaid day payment rate the provider would be paid	94666
if the recipient were not absent from the nursing facility that	94667
day;	94668

~~(b)~~(2) In the case of a nursing facility that had an	94669
occupancy rate ~~in the preceding calendar year~~ not exceeding	94670
ninety-five per cent, an amount not exceeding eighteen per cent of	94671
the per ~~diem~~medicaid day payment rate the provider would be paid	94672
if the recipient were not absent from the nursing facility that	94673
day.	94674

(D) For the purpose of setting a nursing facility's per	94675
medicaid day payment rate to reserve a bed for a day during the	94676
period beginning on the effective date of this amendment and	94677
ending December 31, 2013, the department shall determine the	94678
nursing facility's occupancy rate by using information reported on	94679
the nursing facility's cost report for calendar year 2012. For the	94680
purpose of setting a nursing facility's per medicaid day payment	94681
rate to reserve a bed for January 1, 2014, or thereafter, the	94682
department shall determine the nursing facility's occupancy rate	94683
by using information reported on the nursing facility's cost	94684
report for the calendar year preceding the fiscal year in which	94685
the reservation falls.	94686

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	94687
~~date of an involuntary termination" and "involuntary termination"~~	94688
~~have the same meanings as in section 5111.65 of the Revised Code.~~	94689

Medicaid payments may be made for nursing facility services	94690
~~and intermediate care facility for the mentally retarded services~~	94691
provided not later than thirty days after the effective date of an	94692
involuntary termination of the nursing facility that provides the	94693
services if the services are provided to a medicaid recipient who	94694
is eligible for the services and resided in the nursing facility	94695
before the effective date of the involuntary termination.	94696

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	94697
~~services~~medicaid shall make its best efforts each year to	94698
calculate nursing facilities' medicaid payment rates under	94699
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	94700
time to ~~use them to make~~pay the ~~payments due to providers~~rates	94701
by the fifteenth day of August of each fiscal year. If the	94702
department is unable to calculate the rates so that they can be	94703
paid by that date, the department shall pay each provider the rate	94704
calculated for the provider's nursing facilities ~~and intermediate~~	94705
~~care facilities for the mentally retarded~~ under ~~those sections~~	94706
this chapter at the end of the previous fiscal year. If the	94707
department also is unable to calculate the rates to ~~make the~~	94708
~~payments due~~pay the rates by the fifteenth day of September and	94709
the fifteenth day of October, the department shall pay the	94710
previous fiscal year's rate to make those payments. The department	94711
may increase by five per cent the previous fiscal year's rate paid	94712
for any nursing facility pursuant to this section at the request	94713
of the provider. The department shall use rates calculated for the	94714
current fiscal year to make the payments due by the fifteenth day	94715
of November.	94716

If the rate paid to a provider for a nursing facility	94717
pursuant to this section is lower than the rate calculated for the	94718
nursing facility for the current fiscal year, the department shall	94719
pay the provider the difference between the two rates for the	94720
number of days for which the provider was paid for the nursing	94721
facility pursuant to this section. If the rate paid for a nursing	94722
facility pursuant to this section is higher than the rate	94723
calculated for it for the current fiscal year, the provider shall	94724
refund to the department the difference between the two rates for	94725
the number of days for which the provider was paid for the nursing	94726
facility pursuant to this section.	94727

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	94728
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	94729
the Revised Code that establish a process under which a nursing	94730
facility provider, or a group or association of nursing facility	94731
providers, may seek reconsideration of medicaid payment rates	94732
established under ~~sections 5111.20 to 5111.331 of the Revised~~	94733
~~Code~~this chapter, including a rate for direct care costs	94734
recalculated before the effective date of the rate as a result of	94735
an exception review of resident assessment ~~information~~data	94736
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	94737

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	94738
~~section, the~~ only issue that a provider, group, or association may	94739
raise in the rate reconsideration shall be whether the rate was	94740
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	94741
~~Revised Code~~this chapter and the rules adopted under section	94742
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	94743
provider, group, or association tomay submit written arguments or	94744
other materials that support its position. The ~~rules shall specify~~	94745
provider, group, or association and department of medicaid shall	94746
take actions regarding the rate reconsideration within time frames	94747
~~within which the provider, group, or association and the~~	94748
~~department must act~~specified in rules authorized by this section.	94749
If	94750

If the department determines, as a result of the rate	94751
reconsideration, that the rate ~~established~~determined for one or	94752
more nursing facilities ~~of a provider~~ is less than the rate to	94753
which the nursing facility is entitled, the department shall	94754
increase the rate. If the department has paid the incorrect rate	94755
for a period of time, the department shall pay the provider the	94756
difference between the amount the provider was paid for that	94757
period for the nursing facility and the amount the provider should	94758
have been paid for the nursing facility.	94759

~~(2) The rules shall provide that during a fiscal year, the~~	94760
~~department, by means of the rate reconsideration process, may~~	94761
~~increase the rate determined for an intermediate care facility for~~	94762
~~the mentally retarded as calculated under sections 5111.20 to~~	94763
~~5111.331 of the Revised Code if the provider of the facility~~	94764
~~demonstrates that the facility's actual, allowable costs have~~	94765
~~increased because of extreme circumstances. A facility may qualify~~	94766
~~for a rate increase only if the facility's per diem, actual,~~	94767
~~allowable costs have increased to a level that exceeds its total~~	94768
~~rate. The rules shall specify the circumstances that would justify~~	94769
~~a rate increase under division (A)(2) of this section. The rules~~	94770
~~shall provide that the extreme circumstances include natural~~	94771
~~disasters, renovations approved under division (D) of section~~	94772
~~5111.251 of the Revised Code, an increase in workers' compensation~~	94773
~~experience rating of greater than five per cent for a facility~~	94774
~~that has an appropriate claims management program, increased~~	94775
~~security costs for an inner-city facility, and a change of~~	94776
~~ownership that results from bankruptcy, foreclosure, or findings~~	94777
~~of violations of certification requirements by the department of~~	94778
~~health. An increase under division (A)(2) of this section is~~	94779
~~subject to any rate limitations or maximum rates established by~~	94780
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	94781
~~centers. Any rate increase granted under division (A)(2) of this~~	94782
~~section shall take effect on the first day of the first month~~	94783
~~after the department receives the request.~~	94784

~~(3) The rules shall provide that the department, through the~~	94785
~~rate reconsideration process, may increase an intermediate care~~	94786
~~facility for the mentally retarded's rate as calculated under~~	94787
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	94788
~~department, in the department's sole discretion, determines that~~	94789
~~the rate as calculated under those sections works an extreme~~	94790
~~hardship on the facility.~~	94791

~~(4) The rules shall provide that when beds certified for the~~	94792
~~medicaid program are added to an existing intermediate care~~	94793
~~facility for the mentally retarded or replaced at the same site,~~	94794
~~the department, through the rate reconsideration process, shall~~	94795
~~increase the intermediate care facility for the mentally~~	94796
~~retarded's rate for capital costs proportionately, as limited by~~	94797
~~any applicable limitation under section 5111.251 of the Revised~~	94798
~~Code, to account for the costs of the beds that are added or~~	94799
~~replaced. The department shall make this increase one month after~~	94800
~~the first day of the month after the department receives~~	94801
~~sufficient documentation of the costs. Any rate increase granted~~	94802
~~under division (A)(4) of this section after June 30, 1993, shall~~	94803
~~remain in effect until the effective date of a rate calculated~~	94804
~~under section 5111.251 of the Revised Code that includes costs~~	94805
~~incurred for a full calendar year for the bed addition or bed~~	94806
~~replacement. The facility shall report double accumulated~~	94807
~~depreciation in an amount equal to the depreciation included in~~	94808
~~the rate adjustment on its cost report for the first year of~~	94809
~~operation. During the term of any loan used to finance a project~~	94810
~~for which a rate adjustment is granted under division (A)(4) of~~	94811
~~this section, if the facility is operated by the same provider,~~	94812
~~the provider shall subtract from the interest costs it reports on~~	94813
~~its cost report an amount equal to the difference between the~~	94814
~~following:~~	94815

~~(a) The actual, allowable interest costs for the loan during~~	94816
~~the calendar year for which the costs are being reported;~~	94817

~~(b) The actual, allowable interest costs attributable to the~~	94818
~~loan that were used to calculate the rates paid to the provider~~	94819
~~for the facility during the same calendar year.~~	94820

~~(5) The department's decision at the conclusion of the~~	94821
~~reconsideration process shall not be subject to any administrative~~	94822
~~proceedings under Chapter 119. or any other provision of the~~	94823
~~Revised Code.~~	94824

~~(B) All of the following are subject to an adjudication~~	94825
~~conducted in accordance with Chapter 119. of the Revised Code:~~	94826

~~(1) Any audit disallowance that the department makes as the~~	94827
~~result of an audit under section 5111.27 of the Revised Code;~~	94828

~~(2) Any adverse finding that results from an exception review~~	94829
~~of resident assessment information conducted under section 5111.27~~	94830
~~of the Revised Code after the effective date of the facility's~~	94831
~~rate that is based on the assessment information;~~	94832

~~(3) Any medicaid payment deemed an overpayment under section~~	94833
~~5111.683 of the Revised Code;~~	94834

~~(4) Any penalty the department imposes under division (C) of~~	94835
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	94836
~~Revised Code.~~	94837

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	94838
properly amends ~~its~~a cost report for the nursing facility under	94839
section ~~5111.261~~5165.107 of the Revised Code and the amended	94840
report shows that the provider received a lower medicaid payment	94841
rate under the original cost report than itthe provider was	94842
entitled to receive, the department of ~~job and family services~~	94843
medicaid shall adjust the provider's rate for the nursing facility	94844
prospectively to reflect the corrected information. The department	94845
shall pay the adjusted rate beginning two months after the first	94846
day of the month after the provider files the amended cost report.	94847
If	94848

If the department finds, from an exception review of resident	94849
assessment ~~information~~data conducted pursuant to section 5165.193	94850
of the Revised Code after the effective date of ~~the~~a nursing	94851
facility's rate for direct care costs that is based on the	94852
resident assessment ~~information~~data, that inaccurate resident	94853
assessment ~~information~~data resulted in the provider receiving a	94854
lower rate for the nursing facility than it was entitled to	94855
receive, the department prospectively shall adjust the provider's	94856
rate accordingly ~~and~~. The department shall make payments to the	94857
provider using the adjusted rate for the remainder of the ~~calendar~~	94858
~~quarter~~six-month period for which the resident assessment	94859
~~information~~data is used to determine the rate, beginning one	94860
month after the first day of the month after the exception review	94861
is completed.	94862

~~(B) If the provider properly amends its cost report under~~	94863
~~section 5111.261 of the Revised Code, the department makes a~~	94864
~~finding based on an audit under section 5111.27 of the Revised~~	94865
~~Code, or the~~ ~~department~~ makes a finding based on an exception	94866
review of resident assessment information conducted under section	94867
5111.27 of the Revised Code after the effective date of the rate	94868
for direct care costs that is based on the assessment information,	94869
any of which results in a determination that the provider has	94870
received a higher rate than it was entitled to receive, the	94871
~~department~~ shall recalculate the provider's rate using the revised	94872
information. The ~~department~~ shall apply the recalculated rate to	94873
the periods when the provider received the incorrect rate to	94874
determine the amount of the overpayment. The provider shall refund	94875
the amount of the overpayment.	94876

~~In addition to requiring a refund under this division, the~~	94877
~~department may charge the provider interest at the applicable rate~~	94878
~~specified in this division from the time the overpayment was made.~~	94879

~~(1) If the overpayment resulted from costs reported for~~	94880
~~calendar year 1993, the interest shall be no greater than one and~~	94881
~~one-half times the average bank prime rate.~~	94882

~~(2) If the overpayment resulted from costs reported for~~	94883
~~subsequent calendar years:~~	94884

~~(a) The interest shall be no greater than two times the~~	94885
~~average bank prime rate if the overpayment was equal to or less~~	94886
~~than one per cent of the total medicaid payments to the provider~~	94887
~~for the fiscal year for which the incorrect information was used~~	94888
~~to establish a rate.~~	94889

~~(b) The interest shall be no greater than two and one-half~~	94890
~~times the current average bank prime rate if the overpayment was~~	94891
~~greater than one per cent of the total medicaid payments to the~~	94892
~~provider for the fiscal year for which the incorrect information~~	94893
~~was used to establish a rate.~~	94894

~~(C) The department also may impose the following penalties:~~

94895

~~(1) If a provider does not furnish invoices or other~~	94896
~~documentation that the department requests during an audit within~~	94897
~~sixty days after the request, no more than the greater of one~~	94898
~~thousand dollars per audit or twenty-five per cent of the~~	94899
~~cumulative amount by which the costs for which documentation was~~	94900
~~not furnished increased the total medicaid payments to the~~	94901
~~provider during the fiscal year for which the costs were used to~~	94902
~~establish a rate;~~	94903

~~(2) If an exiting operator or owner fails to provide notice~~	94904
~~of a facility closure, voluntary termination, or voluntary~~	94905
~~withdrawal of participation in the medicaid program as required by~~	94906
~~section 5111.66 of the Revised Code, or an exiting operator or~~	94907
~~owner and entering operator fail to provide notice of a change of~~	94908
~~operator as required by section 5111.67 of the Revised Code, no~~	94909
~~more than the current average bank prime rate plus four per cent~~	94910
~~of the last two monthly payments.~~	94911

~~(D) If the provider continues to participate in the medicaid~~	94912
~~program, the department shall deduct any amount that the provider~~	94913
~~is required to refund under this section, and the amount of any~~	94914
~~interest charged or penalty imposed under this section, from the~~	94915
~~next available payment from the~~ ~~department~~ to the provider. The	94916
~~department~~ and the provider may enter into an agreement under	94917
which the amount, together with interest, is deducted in	94918
installments from payments from the ~~department~~ to the provider.	94919

~~(E) The department shall transmit refunds and penalties to~~	94920
~~the treasurer of state for deposit in the general revenue fund.~~	94921

~~(F) For the purpose of this section, the department shall~~	94922
~~determine the average bank prime rate using statistical release~~	94923
~~H.15, "selected interest rates," a weekly publication of the~~	94924
~~federal reserve board, or any successor publication. If~~	94925
~~statistical release H.15, or its successor, ceases to contain the~~	94926
~~bank prime rate information or ceases to be published, the~~	94927
~~department~~ shall request a written statement of the average bank	94928
prime rate from the federal reserve bank of Cleveland or the	94929
federal reserve board.	94930

Sec. 5165.41. (A) The department of medicaid shall	94931
redetermine a provider's medicaid payment rate for a nursing	94932
facility using revised information if any of the following results	94933
in a determination that the provider received a higher medicaid	94934
payment rate for the nursing facility than the provider was	94935
entitled to receive:	94936

(1) The provider properly amends a cost report for the	94937
nursing facility under section 5165.107 of the Revised Code;	94938

(2) The department makes a finding based on an audit under	94939
section 5165.109 of the Revised Code;	94940

(3) The department makes a finding based on an exception	94941
review of resident assessment data conducted under section	94942
5165.193 of the Revised Code after the effective date of the	94943
nursing facility's rate for direct care costs that is based on the	94944
resident assessment data;	94945

(4) The department makes a finding based on a post-payment	94946
review conducted under section 5165.49 of the Revised Code.	94947

(B) The department shall apply the redetermined rate to the	94948
periods when the provider received the incorrect rate to determine	94949
the amount of the overpayment. The provider shall refund the	94950
amount of the overpayment. The department may charge the provider	94951
the following amount of interest from the time the overpayment was	94952
made:	94953

(1) If the overpayment resulted from costs reported for	94954
calendar year 1993, the interest shall be no greater than one and	94955
one-half times the current average bank prime rate.	94956

(2) If the overpayment resulted from costs reported for a	94957
subsequent calendar year:	94958

(a) The interest shall be no greater than two times the	94959
current average bank prime rate if the overpayment was no more	94960
than one per cent of the total medicaid payments to the provider	94961
for the fiscal year for which the overpayment was made.	94962

(b) The interest shall be no greater than two and one-half	94963
times the current average bank prime rate if the overpayment was	94964
more than one per cent of the total medicaid payments to the	94965
provider for the fiscal year for which the overpayment was made.	94966

Sec. 5165.42. In addition to the other penalties authorized	94967
by this chapter, the department of medicaid may impose the	94968
following penalties on a nursing facility provider:	94969

(A) If the provider does not furnish invoices or other	94970
documentation that the department requests during an audit within	94971
sixty days after the request, a fine of no more than the greater	94972
of the following:	94973

(1) One thousand dollars per audit;

94974

(2) Twenty-five per cent of the cumulative amount by which	94975
the costs for which documentation was not furnished increased the	94976
total medicaid payments to the provider during the fiscal year for	94977
which the costs were used to determine a rate.	94978

(B) If an exiting operator or owner fails to provide notice	94979
of a facility closure or voluntary withdrawal of participation in	94980
the medicaid program as required by section 5165.50 of the Revised	94981
Code, or an exiting operator or owner and entering operator fail	94982
to provide notice of a change of operator as required by section	94983
5165.51 of the Revised Code, a fine of not more than the current	94984
average bank prime rate plus four per cent of the last two monthly	94985
payments.	94986

Sec. 5165.43. For the purposes of sections 5165.41 and	94987
5165.42 of the Revised Code, the department of medicaid shall	94988
determine the current average bank prime rate using statistical	94989
release H.15, "selected interest rates," a weekly publication of	94990
the federal reserve board, or any successor publication. If	94991
statistical release H.15, or its successor, ceases to contain the	94992
bank prime rate information or ceases to be published, the	94993
department shall request a written statement of the average bank	94994
prime rate from the federal reserve bank of Cleveland or the	94995
federal reserve board.	94996

Sec. 5165.44. (A) Except as provided in division (B) of this	94997
section, the department of medicaid shall deduct the following	94998
from the next available medicaid payment the department makes to a	94999
nursing facility provider who continues to participate in	95000
medicaid:	95001

(1) Any amount the provider is required to refund, and any	95002
interest charged, under section 5165.41 of the Revised Code;	95003

(2) The amount of any penalty imposed on the provider under	95004
section 5165.42 of the Revised Code.	95005

(B) The department and a nursing facility provider may enter	95006
into an agreement under which a deduction required by division (A)	95007
of this section is taken in installments from payments the	95008
department makes to the provider.	95009

Sec. 5165.45. The department of medicaid shall transmit to	95010
the treasurer of state for deposit in the general revenue fund	95011
amounts collected from the following:	95012

(A) Refunds required by, and interest charged under, section	95013
5165.41 of the Revised Code;	95014

(B) Amounts collected from penalties imposed under section	95015
5165.42 of the Revised Code.	95016

Sec. 5165.46. All of the following are subject to an	95017
adjudication conducted in accordance with Chapter 119. of the	95018
Revised Code:	95019

(A) Any audit disallowance that the department of medicaid	95020
makes as the result of an audit under section 5165.109 of the	95021
Revised Code;	95022

(B) Any adverse finding that results from an exception review	95023
of resident assessment data conducted for a nursing facility under	95024
section 5165.193 of the Revised Code after the effective date of	95025
the nursing facility's medicaid payment rate for direct care costs	95026
that is based on the resident assessment data;	95027

(C) Any medicaid payment deemed an overpayment under section	95028
5165.523 of the Revised Code;	95029

(D) Any penalty the department imposes under section 5165.42	95030
of the Revised Code or section 5165.523 of the Revised Code.	95031

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	95032
facility provider ~~of a nursing facility~~, shall submit a claim for	95033
medicaid ~~reimbursement~~payment for a service provided to a	95034
nursing facility resident if the service is included in a medicaid	95035
payment made to the nursing facility provider ~~of a nursing~~	95036
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	95037
this chapter or in the ~~reimbursable~~allowable expenses reported	95038
on a provider's cost report for a nursing facility. No nursing	95039
facility provider ~~of a nursing facility~~ shall submit a separate	95040
claim for medicaid ~~reimbursement~~payment for a service provided	95041
to a resident of the nursing facility if the service is included	95042
in a medicaid payment made to the provider under ~~sections 5111.20~~	95043
~~to 5111.331 of the Revised Code~~this chapter or in the	95044
~~reimbursable~~allowable expenses on the provider's cost report for	95045
the nursing facility.	95046

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	95047
~~facility" and "provider" have the same meanings as in section~~	95048
~~5111.20 of the Revised Code.~~	95049

The provider of a nursing facility is not required to submit	95050
a claim to the department of ~~job and family services~~medicaid	95051
regarding the medicare cost-sharing expenses of a resident of the	95052
nursing facility who, under federal law, is eligible to have the	95053
medicaid program pay for a part of the cost-sharing expenses if	95054
the provider determines that, under rules adopted under section	95055
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	95056
not receive a medicaid payment for any part of the medicare	95057
cost-sharing expenses. In such a situation, a claim for the	95058
medicare cost-sharing expenses shall be considered to have been	95059
adjudicated at no payment.	95060

Sec. 5165.49. The department of medicaid may conduct a	95061
post-payment review of a claim submitted by a nursing facility	95062
provider and paid by the medicaid program to determine whether the	95063
provider was overpaid. The department shall provide the provider a	95064
written summary of the review's results. The review's results are	95065
not subject to an adjudication under Chapter 119. of the Revised	95066
Code; however, the provider may request that the medicaid director	95067
reconsider the review's results. The director shall reconsider the	95068
review's results on receipt of a request made in good faith. The	95069
department shall not deduct any amounts the department claims to	95070
be due from the provider as a result of the review from the	95071
provider's medicaid payments pursuant to section 5165.44 of the	95072
Revised Code until the conclusion of the director's	95073
reconsideration, if any, of the review.	95074

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	95075
nursing facility ~~or intermediate care facility for the mentally~~	95076
~~retarded~~ participating in the medicaid program shall provide the	95077
department of ~~job and family services~~medicaid written notice of a	95078
facility closure~~, voluntary termination,~~ or voluntary withdrawal	95079
of participation not less than ninety days before the effective	95080
date of the facility closure~~, voluntary termination,~~ or voluntary	95081
withdrawal of participation. The written notice shall be provided	95082
to the department in accordance with the method specified in rules	95083
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	95084
Revised Code.	95085

The written notice shall include all of the following:

95086

(A) The name of the exiting operator and, if any, the exiting	95087
operator's authorized agent;	95088

(B) The name of the nursing facility ~~or intermediate care~~	95089
~~facility for the mentally retarded~~ that is the subject of the	95090
written notice;	95091

(C) The exiting operator's medicaid provider agreement number	95092
for the nursing facility that is the subject of the written	95093
notice;	95094

(D) The effective date of the facility closure~~, voluntary~~	95095
~~termination,~~ or voluntary withdrawal of participation;	95096

(E) The signature of the exiting operator's or owner's	95097
representative.	95098

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	95099
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	95100
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	95101
nursing facility undergoes a voluntary withdrawal of	95102
participation.	95103

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	95104
entering operator shall provide the department of ~~job and family~~	95105
~~services~~medicaid written notice of a change of operator if the	95106
nursing facility ~~or intermediate care facility for the mentally~~	95107
~~retarded~~ participates in the medicaid program and the entering	95108
operator seeks to continue the nursing facility's participation.	95109
The written notice shall be provided to the department in	95110
accordance with the method specified in rules ~~adopted under~~	95111
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	95112
written notice shall be provided to the department not later than	95113
forty-five days before the effective date of the change of	95114
operator if the change of operator does not entail the relocation	95115
of residents. The written notice shall be provided to the	95116
department not later than ninety days before the effective date of	95117
the change of operator if the change of operator entails the	95118
relocation of residents.	95119

The written notice shall include all of the following:

95120

(1) The name of the exiting operator and, if any, the exiting	95121
operator's authorized agent;	95122

(2) The name of the nursing facility ~~or intermediate care~~	95123
~~facility for the mentally retarded~~ that is the subject of the	95124
change of operator;	95125

(3) The exiting operator's seven-digit medicaid legacy number	95126
and ten-digit national provider identifier number for the nursing	95127
facility that is the subject of the change of operator;	95128

(4) The name of the entering operator;

95129

(5) The effective date of the change of operator;

95130

(6) The manner in which the entering operator becomes the	95131
nursing facility's operator, including through sale, lease,	95132
merger, or other action;	95133

(7) If the manner in which the entering operator becomes the	95134
nursing facility's operator involves more than one step, a	95135
description of each step;	95136

(8) Written authorization from the exiting operator or owner	95137
and entering operator for the department to process a provider	95138
agreement for the entering operator;	95139

(9) The names and addresses of the persons to whom the	95140
department should send initial correspondence regarding the change	95141
of operator;	95142

(10) If the nursing facility also participates in the	95143
medicare program, notification of whether the entering operator	95144
intends to accept assignment of the exiting operator's medicare	95145
provider agreement;	95146

(11) The signature of the exiting operator's or owner's	95147
representative.	95148

(B) An exiting operator or owner and entering operator	95149
immediately shall provide the department written notice of any	95150
changes to information included in a written notice of a change of	95151
operator that occur after that notice is provided to the	95152
department. The notice of the changes shall be provided to the	95153
department in accordance with the method specified in rules	95154
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	95155
Revised Code.	95156

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	95157
~~services~~medicaid may enter into a provider agreement with an	95158
entering operator that goes into effect at 12:01 a.m. on the	95159
effective date of the change of operator if all of the following	95160
requirements are met:	95161

(A) The department receives a properly completed written	95162
notice required by section ~~5111.67~~5165.51 of the Revised Code on	95163
or before the date required by that section.	95164

(B) The department receives both of the following in	95165
accordance with the method specified in rules ~~adopted under~~	95166
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	95167
later than ten days after the effective date of the change of	95168
operator:	95169

(1) From the entering operator, a completed application for a	95170
provider agreement and all other forms and documents specified in	95171
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	95172
Revised Code;	95173

(2) From the exiting operator or owner, all forms and	95174
documents specified in rules ~~adopted under~~authorized by section	95175
~~5111.689~~5165.53 of the Revised Code.	95176

(C) The entering operator is eligible for medicaid payments	95177
as provided in section ~~5111.21~~5165.06 of the Revised Code.	95178

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	95179
~~services~~medicaid may enter into a provider agreement with an	95180
entering operator that goes into effect at 12:01 a.m. on the date	95181
determined under division (B) of this section if all of the	95182
following are the case:	95183

(1) The department receives a properly completed written	95184
notice required by section ~~5111.67~~5165.51 of the Revised Code.	95185

(2) The department receives, from the entering operator and	95186
in accordance with the method specified in rules ~~adopted under~~	95187
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	95188
completed application for a provider agreement and all other forms	95189
and documents specified in rules adopted under that section.	95190

(3) The department receives, from the exiting operator or	95191
owner and in accordance with the method specified in rules ~~adopted~~	95192
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	95193
all forms and documents specified in rules adopted under that	95194
section.	95195

(4) One or more of the following apply:

95196

(a) The requirement of division (A)(1) of this section is met	95197
after the time required by section ~~5111.67~~5165.51 of the Revised	95198
Code;	95199

(b) The requirement of division (A)(2) of this section is met	95200
more than ten days after the effective date of the change of	95201
operator;	95202

(c) The requirement of division (A)(3) of this section is met	95203
more than ten days after the effective date of the change of	95204
operator.	95205

(5) The entering operator is eligible for medicaid payments	95206
as provided in section ~~5111.21~~5165.06 of the Revised Code.	95207

(B) The department shall determine the date a provider	95208
agreement entered into under this section is to go into effect as	95209
follows:	95210

(1) The effective date shall give the department sufficient	95211
time to process the change of operator, assure no duplicate	95212
payments are made, and make the withholding required by section	95213
~~5111.681~~5165.521 of the Revised Code.	95214

(2) The effective date shall be not earlier than the latest	95215
of the following:	95216

(a) The effective date of the change of operator;

95217

(b) The date that the entering operator complies with section	95218
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	95219
section;	95220

(c) The date that the exiting operator or owner complies with	95221
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	95222
this section.	95223

(3) The effective date shall be not later than the following	95224
after the later of the dates specified in division (B)(2) of this	95225
section:	95226

(a) Forty-five days if the change of operator does not entail	95227
the relocation of residents;	95228

(b) Ninety days if the change of operator entails the	95229
relocation of residents.	95230

~~Sec. 5111.673.~~ Sec. 5165.513. A provider that enters into a	95231
provider agreement with the department of ~~job and family services~~	95232
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	95233
the Revised Code shall do all of the following:	95234

(A) Comply with all applicable federal statutes and	95235
regulations;	95236

(B) Comply with section ~~5111.22~~5165.07 of the Revised Code	95237
and all other applicable state statutes and rules;	95238

(C) Comply with all the terms and conditions of the exiting	95239
operator's provider agreement, including, but not limited to, all	95240
of the following:	95241

(1) Any plan of correction;

95242

(2) Compliance with health and safety standards;

95243

(3) Compliance with the ownership and financial interest	95244
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	95245

(4) Compliance with the civil rights requirements of 45	95246
C.F.R. parts 80, 84, and 90;	95247

(5) Compliance with additional requirements imposed by the	95248
department;	95249

(6) Any sanctions relating to remedies for violation of the	95250
provider agreement, including deficiencies, compliance periods,	95251
accountability periods, monetary penalties, notification for	95252
correction of contract violations, and history of deficiencies.	95253

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	95254
the exiting operator shall be considered to be the operator of the	95255
nursing facility ~~or intermediate care facility for the mentally~~	95256
~~retarded~~ for purposes of the medicaid program, including medicaid	95257
payments, until the effective date of the entering operator's	95258
provider agreement if the provider agreement is entered into under	95259
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	95260
Code.	95261

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	95262
~~services~~medicaid may enter into a provider agreement as provided	95263
in section ~~5111.22~~5165.07 of the Revised Code, rather than	95264
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	95265
Code, with an entering operator if the entering operator does not	95266
agree to a provider agreement that satisfies the requirements of	95267
division (C) of section ~~5111.673~~5165.513 of the Revised Code. The	95268
department may not enter into the provider agreement unless the	95269
department of health certifies the nursing facility or	95270
~~intermediate care facility for the mentally retarded under Title~~	95271
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	95272
~~1396, as amended~~for participation in medicaid. The effective date	95273
of the provider agreement shall not precede any of the following:	95274

(A) The date that the department of health certifies the	95275
nursing facility;	95276

(B) The effective date of the change of operator;

95277

(C) The date the requirement of section ~~5111.67~~5165.51 of	95278
the Revised Code is satisfied.	95279

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	95280
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	95281
under section 5165.02 of the Revised Code governing adjustments	95282
to the medicaid ~~reimbursement~~payment rate for a nursing facility	95283
~~or intermediate care facility for the mentally retarded~~ that	95284
undergoes a change of operator. No rate adjustment resulting from	95285
a change of operator shall be effective before the effective date	95286
of the entering operator's provider agreement. This is the case	95287
regardless of whether the provider agreement is entered into under	95288
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	95289
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	95290
Revised Code.	95291

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	95292
department of health's determination that a change of operator has	95293
or has not occurred for purposes of licensure under Chapter 3721.	95294
of the Revised Code shall not affect the department of ~~job and~~	95295
~~family services'~~medicaid's determination of whether or when a	95296
change of operator occurs or the effective date of an entering	95297
operator's provider agreement under section ~~5111.671~~5165.511,	95298
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	95299
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	95300

~~(A) The department of health's determination that a change of~~	95301
~~operator has or has not occurred for purposes of licensure under~~	95302
~~Chapter 3721. of the Revised Code;~~	95303

~~(B) The department of developmental disabilities'~~	95304
~~determination that a change of operator has or has not occurred~~	95305
~~for purposes of licensure under section 5123.19 of the Revised~~	95306
~~Code~~.	95307

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	95308
under section ~~5111.66~~5165.50 of the Revised Code of a facility	95309
closure~~, voluntary termination,~~ or voluntary withdrawal of	95310
participation, on receipt of a written notice under section	95311
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	95312
the effective date of an involuntary termination, the department	95313
of ~~job and family services~~medicaid shall estimate the amount of	95314
any overpayments made under the medicaid program to the exiting	95315
operator, including overpayments the exiting operator disputes,	95316
and other actual and potential debts the exiting operator owes or	95317
may owe to the department and United States centers for medicare	95318
and medicaid services under the medicaid program, including a	95319
franchise permit fee.	95320

(B) In estimating the exiting operator's other actual and	95321
potential debts to the department and the United States centers	95322
for medicare and medicaid services under the medicaid program, the	95323
department shall use a debt estimation methodology the medicaid	95324
director ~~of job and family services~~ shall establish in rules	95325
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	95326
Revised Code. The methodology shall provide for estimating all of	95327
the following that the department determines are applicable:	95328

(1) Refunds due the department under section ~~5111.27~~5165.41	95329
of the Revised Code;	95330

(2) Interest owed to the department and United States centers	95331
for medicare and medicaid services;	95332

(3) Final civil monetary and other penalties for which all	95333
right of appeal has been exhausted;	95334

(4) Money owed the department and United States centers for	95335
medicare and medicaid services from any outstanding final fiscal	95336
audit, including a final fiscal audit for the last fiscal year or	95337
portion thereof in which the exiting operator participated in the	95338
medicaid program;	95339

(5) Other amounts the department determines are applicable.

95340

(C) The department shall provide the exiting operator written	95341
notice of the department's estimate under division (A) of this	95342
section not later than thirty days after the department receives	95343
the notice under section ~~5111.66~~5165.50 of the Revised Code of	95344
the facility closure~~, voluntary termination,~~ or voluntary	95345
withdrawal of participation; the department receives the notice	95346
under section ~~5111.67~~5165.51 of the Revised Code of the change	95347
of operator; or the effective date of the involuntary termination.	95348
The department's written notice shall include the basis for the	95349
estimate.	95350

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	95351
(B), (C), and (D) of this section, the department of ~~job and~~	95352
~~family services~~medicaid may withhold from payment due an exiting	95353
operator under the medicaid program the total amount specified in	95354
the notice provided under division (C) of section ~~5111.68~~5165.52	95355
of the Revised Code that the exiting operator owes or may owe to	95356
the department and United States centers for medicare and medicaid	95357
services under the medicaid program.	95358

(B) In the case of a change of operator and subject to	95359
division (E) of this section, the following shall apply regarding	95360
a withholding under division (A) of this section if the exiting	95361
operator or entering operator or an affiliated operator executes a	95362
successor liability agreement meeting the requirements of division	95363
(F) of this section:	95364

(1) If the exiting operator, entering operator, or affiliated	95365
operator assumes liability for the total, actual amount of debt	95366
the exiting operator owes the department and the United States	95367
centers for medicare and medicaid services under the medicaid	95368
program as determined under section ~~5111.685~~5165.525 of the	95369
Revised Code, the department shall not make the withholding.	95370

(2) If the exiting operator, entering operator, or affiliated	95371
operator assumes liability for only the portion of the amount	95372
specified in division (B)(1) of this section that represents the	95373
franchise permit fee the exiting operator owes, the department	95374
shall withhold not more than the difference between the total	95375
amount specified in the notice provided under division (C) of	95376
section ~~5111.68~~5165.52 of the Revised Code and the amount for	95377
which the exiting operator, entering operator, or affiliated	95378
operator assumes liability.	95379

(C) In the case of a ~~voluntary termination,~~ voluntary	95380
withdrawal of participation, or facility closure and subject to	95381
division (E) of this section, the following shall apply regarding	95382
a withholding under division (A) of this section if the exiting	95383
operator or an affiliated operator executes a successor liability	95384
agreement meeting the requirements of division (F) of this	95385
section:	95386

(1) If the exiting operator or affiliated operator assumes	95387
liability for the total, actual amount of debt the exiting	95388
operator owes the department and the United States centers for	95389
medicare and medicaid services under the medicaid program as	95390
determined under section ~~5111.685~~5165.525 of the Revised Code,	95391
the department shall not make the withholding.	95392

(2) If the exiting operator or affiliated operator assumes	95393
liability for only the portion of the amount specified in division	95394
(C)(1) of this section that represents the franchise permit fee	95395
the exiting operator owes, the department shall withhold not more	95396
than the difference between the total amount specified in the	95397
notice provided under division (C) of section ~~5111.68~~5165.52 of	95398
the Revised Code and the amount for which the exiting operator or	95399
affiliated operator assumes liability.	95400

(D) In the case of an involuntary termination and subject to	95401
division (E) of this section, the following shall apply regarding	95402
a withholding under division (A) of this section if the exiting	95403
operator, the entering operator, or an affiliated operator	95404
executes a successor liability agreement meeting the requirements	95405
of division (F) of this section and the department approves the	95406
successor liability agreement:	95407

(1) If the exiting operator, entering operator, or affiliated	95408
operator assumes liability for the total, actual amount of debt	95409
the exiting operator owes the department and the United States	95410
centers for medicare and medicaid services under the medicaid	95411
program as determined under section ~~5111.685~~5165.525 of the	95412
Revised Code, the department shall not make the withholding.	95413

(2) If the exiting operator, entering operator, or affiliated	95414
operator assumes liability for only the portion of the amount	95415
specified in division (D)(1) of this section that represents the	95416
franchise permit fee the exiting operator owes, the department	95417
shall withhold not more than the difference between the total	95418
amount specified in the notice provided under division (C) of	95419
section ~~5111.68~~5165.52 of the Revised Code and the amount for	95420
which the exiting operator, entering operator, or affiliated	95421
operator assumes liability.	95422

(E) For an exiting operator or affiliated operator to be	95423
eligible to enter into a successor liability agreement under	95424
division (B), (C), or (D) of this section, both of the following	95425
must apply:	95426

(1) The exiting operator or affiliated operator must have one	95427
or more valid provider agreements, other than the provider	95428
agreement for the nursing facility ~~or intermediate care facility~~	95429
~~for the mentally retarded~~ that is the subject of the involuntary	95430
termination, ~~voluntary termination,~~ voluntary withdrawal of	95431
participation, facility closure, or change of operator;	95432

(2) During the twelve-month period preceding either the	95433
effective date of the involuntary termination or the month in	95434
which the department receives the notice of the ~~voluntary~~	95435
~~termination,~~ voluntary withdrawal of participation, or facility	95436
closure under section ~~5111.66~~5165.50 of the Revised Code or the	95437
notice of the change of operator under section ~~5111.67~~5165.51 of	95438
the Revised Code, the average monthly medicaid payment made to the	95439
exiting operator or affiliated operator pursuant to the exiting	95440
operator's or affiliated operator's one or more provider	95441
agreements, other than the provider agreement for the nursing	95442
facility ~~or intermediate care facility for the mentally retarded~~	95443
that is the subject of the involuntary termination, ~~voluntary~~	95444
~~termination,~~ voluntary withdrawal of participation, facility	95445
closure, or change of operator, must equal at least ninety per	95446
cent of the sum of the following:	95447

(a) The average monthly medicaid payment made to the exiting	95448
operator pursuant to the exiting operator's provider agreement for	95449
the nursing facility ~~or intermediate care facility for the~~	95450
~~mentally retarded~~ that is the subject of the involuntary	95451
termination, ~~voluntary termination,~~ voluntary withdrawal of	95452
participation, facility closure, or change of operator;	95453

(b) Whichever of the following apply:

95454

(i) If the exiting operator or affiliated operator has	95455
assumed liability under one or more other successor liability	95456
agreements, the total amount for which the exiting operator or	95457
affiliated operator has assumed liability under the other	95458
successor liability agreements;	95459

(ii) If the exiting operator or affiliated operator has not	95460
assumed liability under any other successor liability agreements,	95461
zero.	95462

(F) A successor liability agreement executed under this	95463
section must comply with all of the following:	95464

(1) It must provide for the operator who executes the	95465
successor liability agreement to assume liability for either of	95466
the following as specified in the agreement:	95467

(a) The total, actual amount of debt the exiting operator	95468
owes the department and the United States centers for medicare and	95469
medicaid services under the medicaid program as determined under	95470
section ~~5111.685~~5165.525 of the Revised Code;	95471

(b) The portion of the amount specified in division (F)(1)(a)	95472
of this section that represents the franchise permit fee the	95473
exiting operator owes.	95474

(2) It may not require the operator who executes the	95475
successor liability agreement to furnish a surety bond.	95476

(3) It must provide that the department, after determining	95477
under section ~~5111.685~~5165.525 of the Revised Code the actual	95478
amount of debt the exiting operator owes the department and United	95479
States centers for medicare and medicaid services under the	95480
medicaid program, may deduct the lesser of the following from	95481
medicaid payments made to the operator who executes the successor	95482
liability agreement:	95483

(a) The total, actual amount of debt the exiting operator	95484
owes the department and the United States centers for medicare and	95485
medicaid services under the medicaid program as determined under	95486
section ~~5111.685~~5165.525 of the Revised Code;	95487

(b) The amount for which the operator who executes the	95488
successor liability agreement assumes liability under the	95489
agreement.	95490

(4) It must provide that the deductions authorized by	95491
division (F)(3) of this section are to be made for a number of	95492
months, not to exceed six, agreed to by the operator who executes	95493
the successor liability agreement and the department or, if the	95494
operator who executes the successor liability agreement and	95495
department cannot agree on a number of months that is less than	95496
six, a greater number of months determined by the attorney general	95497
pursuant to a claims collection process authorized by statute of	95498
this state.	95499

(5) It must provide that, if the attorney general determines	95500
the number of months for which the deductions authorized by	95501
division (F)(3) of this section are to be made, the operator who	95502
executes the successor liability agreement shall pay, in addition	95503
to the amount collected pursuant to the attorney general's claims	95504
collection process, the part of the amount so collected that, if	95505
not for division (H) of this section, would be required by section	95506
109.081 of the Revised Code to be paid into the attorney general	95507
claims fund.	95508

(G) Execution of a successor liability agreement does not	95509
waive an exiting operator's right to contest the amount specified	95510
in the notice the department provides the exiting operator under	95511
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	95512

(H) Notwithstanding section 109.081 of the Revised Code, the	95513
entire amount that the attorney general, whether by employees or	95514
agents of the attorney general or by special counsel appointed	95515
pursuant to section 109.08 of the Revised Code, collects under a	95516
successor liability agreement, other than the additional amount	95517
the operator who executes the agreement is required by division	95518
(F)(5) of this section to pay, shall be paid to the department of	95519
~~job and family services~~medicaid for deposit into the appropriate	95520
fund. The additional amount that the operator is required to pay	95521
shall be paid into the state treasury to the credit of the	95522
attorney general claims fund created under section 109.081 of the	95523
Revised Code.	95524

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	95525
(B) of this section, an exiting operator shall file with the	95526
department of ~~job and family services~~medicaid a cost report not	95527
later than ninety days after the last day the exiting operator's	95528
provider agreement is in effect or, in the case of a voluntary	95529
withdrawal of participation, the effective date of the voluntary	95530
withdrawal of participation. The cost report shall cover the	95531
period that begins with the day after the last day covered by the	95532
operator's most recent previous cost report required by section	95533
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	95534
exiting operator's provider agreement is in effect or, in the case	95535
of a voluntary withdrawal of participation, the effective date of	95536
the voluntary withdrawal of participation. The cost report shall	95537
include, as applicable, all of the following:	95538

(1) The sale price of the nursing facility ~~or intermediate~~	95539
~~care facility for the mentally retarded~~;	95540

(2) A final depreciation schedule that shows which assets are	95541
transferred to the buyer and which assets are not transferred to	95542
the buyer;	95543

(3) Any other information the department requires.

95544

(B) The department, at its sole discretion, may waive the	95545
requirement that an exiting operator file a cost report in	95546
accordance with division (A) of this section.	95547

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	95548
section ~~5111.682~~5165.522 of the Revised Code to file a cost	95549
report with the department of ~~job and family services~~medicaid	95550
fails to file the cost report in accordance with that section, all	95551
payments under the medicaid program for the period the cost report	95552
is required to cover are deemed overpayments until the date the	95553
department receives the properly completed cost report. The	95554
department may impose on the exiting operator a penalty of one	95555
hundred dollars for each calendar day the properly completed cost	95556
report is late.	95557

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	95558
~~services~~medicaid may not provide an exiting operator final	95559
payment under the medicaid program until the department receives	95560
all properly completed cost reports the exiting operator is	95561
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	95562
5165.522 of the Revised Code.	95563

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	95564
~~services~~medicaid shall determine the actual amount of debt an	95565
exiting operator owes the department and the United States centers	95566
for medicare and medicaid services under the medicaid program by	95567
completing all final fiscal audits not already completed and	95568
performing all other appropriate actions the department determines	95569
to be necessary. The department shall issue an initial debt	95570
summary report on this matter not later than sixty days after the	95571
date the exiting operator files the properly completed cost report	95572
required by section ~~5111.682~~5165.522 of the Revised Code with the	95573
department or, if the department waives the cost report	95574
requirement for the exiting operator, sixty days after the date	95575
the department waives the cost report requirement. The initial	95576
debt summary report becomes the final debt summary report	95577
thirty-one days after the department issues the initial debt	95578
summary report unless the exiting operator, or an affiliated	95579
operator who executes a successor liability agreement under	95580
section ~~5111.681~~5165.521 of the Revised Code, requests a review	95581
before that date.	95582

The exiting operator, and an affiliated operator who executes	95583
a successor liability agreement under section ~~5111.681~~5165.521 of	95584
the Revised Code, may request a review to contest any of the	95585
department's findings included in the initial debt summary report.	95586
The request for the review must be submitted to the department not	95587
later than thirty days after the date the department issues the	95588
initial debt summary report. The department shall conduct the	95589
review on receipt of a timely request and issue a revised debt	95590
summary report. If the department has withheld money from payment	95591
due the exiting operator under division (A) of section ~~5111.681~~	95592
5165.521 of the Revised Code, the department shall issue the	95593
revised debt summary report not later than ninety days after the	95594
date the department receives the timely request for the review	95595
unless the department and exiting operator or affiliated operator	95596
agree to a later date. The exiting operator or affiliated operator	95597
may submit information to the department explaining what the	95598
operator contests before and during the review, including	95599
documentation of the amount of any debt the department owes the	95600
operator. The exiting operator or affiliated operator may submit	95601
additional information to the department not later than thirty	95602
days after the department issues the revised debt summary report.	95603
The revised debt summary report becomes the final debt summary	95604
report thirty-one days after the department issues the revised	95605
debt summary report unless the exiting operator or affiliated	95606
operator timely submits additional information to the department.	95607
If the exiting operator or affiliated operator timely submits	95608
additional information to the department, the department shall	95609
consider the additional information and issue a final debt summary	95610
report not later than sixty days after the department issues the	95611
revised debt summary report unless the department and exiting	95612
operator or affiliated operator agree to a later date.	95613

Each debt summary report the department issues under this	95614
section shall include the department's findings and the amount of	95615
debt the department determines the exiting operator owes the	95616
department and United States centers for medicare and medicaid	95617
services under the medicaid program. The department shall explain	95618
its findings and determination in each debt summary report.	95619

The exiting operator, and an affiliated operator who executes	95620
a successor liability agreement under section ~~5111.681~~5165.521 of	95621
the Revised Code, may request, in accordance with Chapter 119. of	95622
the Revised Code, an adjudication regarding a finding in a final	95623
debt summary report that pertains to an audit or alleged	95624
overpayment made under the medicaid program to the exiting	95625
operator. The adjudication shall be consolidated with any other	95626
uncompleted adjudication that concerns a matter addressed in the	95627
final debt summary report.	95628

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	95629
~~services~~medicaid shall release the actual amount withheld under	95630
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	95631
less any amount the exiting operator owes the department and	95632
United States centers for medicare and medicaid services under the	95633
medicaid program, as follows:	95634

(A) Unless the department issues the initial debt summary	95635
report required by section ~~5111.685~~5165.525 of the Revised Code	95636
not later than sixty days after the date the exiting operator	95637
files the properly completed cost report required by section	95638
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	95639
date the exiting operator files the properly completed cost	95640
report;	95641

(B) If the department issues the initial debt summary report	95642
required by section ~~5111.685~~5165.525 of the Revised Code not	95643
later than sixty days after the date the exiting operator files a	95644
properly completed cost report required by section ~~5111.682~~	95645
5165.522 of the Revised Code, not later than the following:	95646

(1) Thirty days after the deadline for requesting an	95647
adjudication under section ~~5111.685~~5165.525 of the Revised Code	95648
regarding the final debt summary report if the exiting operator,	95649
and an affiliated operator who executes a successor liability	95650
agreement under section ~~5111.681~~5165.521 of the Revised Code,	95651
fail to request the adjudication on or before the deadline;	95652

(2) Thirty days after the completion of an adjudication of	95653
the final debt summary report if the exiting operator, or an	95654
affiliated operator who executes a successor liability agreement	95655
under section ~~5111.681~~5165.521 of the Revised Code, requests the	95656
adjudication on or before the deadline for requesting the	95657
adjudication.	95658

(C) Unless the department issues the initial debt summary	95659
report required by section ~~5111.685~~5165.525 of the Revised Code	95660
not later than sixty days after the date the department waives the	95661
cost report requirement of section ~~5111.682~~5165.522 of the	95662
Revised Code, sixty-one days after the date the department waives	95663
the cost report requirement;	95664

(D) If the department issues the initial debt summary report	95665
required by section ~~5111.685~~5165.525 of the Revised Code not	95666
later than sixty days after the date the department waives the	95667
cost report requirement of section ~~5111.682~~5165.522 of the	95668
Revised Code, not later than the following:	95669

(1) Thirty days after the deadline for requesting an	95670
adjudication under section ~~5111.685~~5165.525 of the Revised Code	95671
regarding the final debt summary report if the exiting operator,	95672
and an affiliated operator who executes a successor liability	95673
agreement under section ~~5111.681~~5165.521 of the Revised Code,	95674
fail to request the adjudication on or before the deadline;	95675

(2) Thirty days after the completion of an adjudication of	95676
the final debt summary report if the exiting operator, or an	95677
affiliated operator who executes a successor liability agreement	95678
under section ~~5111.681~~5165.521 of the Revised Code, requests the	95679
adjudication on or before the deadline for requesting the	95680
adjudication.	95681

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	95682
~~services~~medicaid, at its sole discretion, may release the amount	95683
withheld under division (A) of section ~~5111.681~~5165.521 of the	95684
Revised Code if the exiting operator submits to the department	95685
written notice of a postponement of a change of operator, facility	95686
closure, ~~voluntary termination,~~ or voluntary withdrawal of	95687
participation and the transactions leading to the change of	95688
operator, facility closure, ~~voluntary termination,~~ or voluntary	95689
withdrawal of participation are postponed for at least thirty days	95690
but less than ninety days after the date originally proposed for	95691
the change of operator, facility closure, ~~voluntary termination,~~	95692
or voluntary withdrawal of participation as reported in the	95693
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	95694
5165.51 of the Revised Code. The department shall release the	95695
amount withheld if the exiting operator submits to the department	95696
written notice of a cancellation or postponement of a change of	95697
operator, facility closure, ~~voluntary termination,~~ or voluntary	95698
withdrawal of participation and the transactions leading to the	95699
change of operator, facility closure, ~~voluntary termination,~~ or	95700
voluntary withdrawal of participation are canceled or postponed	95701
for more than ninety days after the date originally proposed for	95702
the change of operator, facility closure, ~~voluntary termination,~~	95703
or voluntary withdrawal of participation as reported in the	95704
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	95705
5165.51 of the Revised Code. A written notice shall be provided to	95706
the department in accordance with the method specified in rules	95707
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	95708
Revised Code.	95709

After the department receives a written notice regarding a	95710
cancellation or postponement of a facility closure~~, voluntary~~	95711
~~termination,~~ or voluntary withdrawal of participation, the exiting	95712
operator or owner shall provide new written notice to the	95713
department under section ~~5111.66~~5165.50 of the Revised Code	95714
regarding any transactions leading to a facility closure,	95715
~~voluntary termination,~~ or voluntary withdrawal of participation at	95716
a future time. After the department receives a written notice	95717
regarding a cancellation or postponement of a change of operator,	95718
the exiting operator or owner and entering operator shall provide	95719
new written notice to the department under section ~~5111.67~~5165.51	95720
of the Revised Code regarding any transactions leading to a change	95721
of operator at a future time.	95722

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	95723
section ~~5111.681~~5165.521 of the Revised Code from payment due an	95724
exiting operator under the medicaid program shall be deposited	95725
into the medicaid payment withholding fund created by the	95726
controlling board pursuant to section 131.35 of the Revised Code.	95727
Money in the fund shall be used as follows:	95728

(1) To pay an exiting operator when a withholding is released	95729
to the exiting operator under section ~~5111.686~~5165.526 or	95730
~~5111.687~~5165.527 of the Revised Code;	95731

(2) To pay the department of ~~job and family services~~medicaid	95732
and United States centers for medicare and medicaid services the	95733
amount an exiting operator owes the department and United States	95734
centers under the medicaid program.	95735

(B) Amounts paid from the medicaid payment withholding fund	95736
pursuant to division (A)(2) of this section shall be deposited	95737
into the appropriate department fund.	95738

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	95739
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	95740
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	95741
5165.53 of the Revised Code, including rules applicable to an	95742
exiting operator that provides written notification under section	95743
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	95744
participation. Rules adopted under this section shall comply with	95745
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	95746
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	95747
restrictions on transfers or discharges of nursing facility	95748
residents in the case of a voluntary withdrawal of participation.	95749
The rules may prescribe a medicaid ~~reimbursement~~payment	95750
methodology and other procedures that are applicable after the	95751
effective date of a voluntary withdrawal of participation that	95752
differ from the ~~reimbursement~~payment methodology and other	95753
procedures that would otherwise apply. The rules shall specify all	95754
of the following:	95755

(A) The method by which written notices to the department	95756
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	95757
Revised Code are to be provided;	95758

(B) The forms and documents that are to be provided to the	95759
department of medicaid under sections ~~5111.671~~5165.511 and	95760
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	95761
case of such forms and documents provided by entering operators,	95762
all the fully executed leases, management agreements, merger	95763
agreements and supporting documents, and fully executed sales	95764
contracts and any other supporting documents culminating in the	95765
change of operator;	95766

(C) The method by which the forms and documents identified in	95767
division (B) of this section are to be provided to the department.	95768

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	95769
rights" means the rights of a nursing facility resident under	95770
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	95771
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	95772
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	95773
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	95774
under those ~~subsections~~sections of the "Social Security Act."	95775

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	95776
Revised Code:	95777

(A) "Certification requirements" means the requirements for	95778
nursing facilities established under ~~sections 1819 and 1919 of~~ the	95779
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	95780
and 1396r.	95781

(B) "Compliance" means substantially meeting all applicable	95782
certification requirements.	95783

(C) "Contracting agency" means a state agency that has	95784
entered into a contract with the department of ~~job and family~~	95785
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	95786
Code.	95787

(D)(1) "Deficiency" means a finding cited by the department	95788
of health during a survey, on the basis of one or more actions,	95789
practices, situations, or incidents occurring at a nursing	95790
facility, that constitutes a severity level three finding,	95791
severity level four finding, scope level three finding, or scope	95792
level four finding. Whenever the finding is a repeat finding,	95793
"deficiency" also includes any finding that is a severity level	95794
two and scope level one finding, a severity level two and scope	95795
level two finding, or a severity level one and scope level two	95796
finding.	95797

(2) "Cluster of deficiencies" means deficiencies that result	95798
from noncompliance with two or more certification requirements and	95799
are causing or resulting from the same action, practice,	95800
situation, or incident.	95801

(E) "Emergency" means either of the following:

95802

(1) A deficiency or cluster of deficiencies that creates a	95803
condition of immediate jeopardy;	95804

(2) An unexpected situation or sudden occurrence of a serious	95805
or urgent nature that creates a substantial likelihood that one or	95806
more residents of a nursing facility may be seriously harmed if	95807
allowed to remain in the facility, including the following:	95808

(a) A flood or other natural disaster, civil disaster, or	95809
similar event;	95810

(b) A labor strike that suddenly causes the number of staff	95811
members in a nursing facility to be below that necessary for	95812
resident care.	95813

(F) "Finding" means a finding of noncompliance with	95814
certification requirements determined by the department of health	95815
under section ~~5111.41~~5165.66 of the Revised Code.	95816

(G) "Immediate jeopardy" means that one or more residents of	95817
a nursing facility are in imminent danger of serious physical or	95818
life-threatening harm.	95819

(H) "Medicaid eligible resident" means a person who is a	95820
resident of a nursing facility, or is applying for admission to a	95821
nursing facility, and is eligible ~~to receive financial assistance~~	95822
for nursing facility services under the ~~medical assistance~~	95823
medicaid program ~~for the care the person receives in such a~~	95824
~~facility~~.	95825

(I) "Noncompliance" means failure to substantially meet all	95826
applicable certification requirements.	95827

(J) "Nursing facility" ~~has the same meaning as in section~~	95828
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	95829
the extent the context requires.	95830

(K) ~~"Provider" means a person, institution, or entity that~~	95831
~~furnishes nursing facility services under a medical assistance~~	95832
~~program provider agreement.~~	95833

~~(L) "Provider agreement" means a contract between the~~	95834
~~department of job and family services and a provider for the~~	95835
~~provision of nursing facility services under the medicaid program.~~	95836

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	95837
or deficiency cited pursuant to a survey, to which both of the	95838
following apply:	95839

(1) The finding or deficiency involves noncompliance with the	95840
same certification requirement, and the same kind of actions,	95841
practices, situations, or incidents caused by or resulting from	95842
the noncompliance, as were cited in the immediately preceding	95843
standard survey or another survey conducted subsequent to the	95844
immediately preceding standard survey of the facility. For	95845
purposes of this division, actions, practices, situations, or	95846
incidents may be of the same kind even though they involve	95847
different residents, staff, or parts of the facility.	95848

(2) The finding or deficiency is cited subsequent to a	95849
determination by the department of health that the finding or	95850
deficiency cited on the immediately preceding standard survey, or	95851
another survey conducted subsequent to the immediately preceding	95852
standard survey, had been corrected.	95853

~~(N)~~(L)(1) "Scope level one finding" means a finding of	95854
noncompliance by a nursing facility in which the actions,	95855
situations, practices, or incidents causing or resulting from the	95856
noncompliance affect one or a very limited number of facility	95857
residents and involve one or a very limited number of facility	95858
staff members.	95859

(2) "Scope level two finding" means a finding of	95860
noncompliance by a nursing facility in which the actions,	95861
situations, practices, or incidents causing or resulting from the	95862
noncompliance affect more than a limited number of facility	95863
residents or involve more than a limited number of facility staff	95864
members, but the number or percentage of facility residents	95865
affected or staff members involved and the number or frequency of	95866
the actions, situations, practices, or incidents in short	95867
succession does not establish any reasonable degree of	95868
predictability of similar actions, situations, practices, or	95869
incidents occurring in the future.	95870

(3) "Scope level three finding" means a finding of	95871
noncompliance by a nursing facility in which the actions,	95872
situations, practices, or incidents causing or resulting from the	95873
noncompliance affect more than a limited number of facility	95874
residents or involve more than a limited number of facility staff	95875
members, and the number or percentage of facility residents	95876
affected or staff members involved or the number or frequency of	95877
the actions, situations, practices, or incidents in short	95878
succession establishes a reasonable degree of predictability of	95879
similar actions, situations, practices, or incidents occurring in	95880
the future.	95881

(4) "Scope level four finding" means a finding of	95882
noncompliance by a nursing facility causing or resulting from	95883
actions, situations, practices, or incidents that involve a	95884
sufficient number or percentage of facility residents or staff	95885
members or occur with sufficient regularity over time that the	95886
noncompliance can be considered systemic or pervasive in the	95887
facility.	95888

~~(O)~~(M)(1) "Severity level one finding" means a finding of	95889
noncompliance by a nursing facility that has not caused and, if	95890
continued, is unlikely to cause physical harm to a facility	95891
resident, mental or emotional harm to a resident, or a violation	95892
of a resident's rights that results in physical, mental, or	95893
emotional harm to the resident.	95894

(2) "Severity level two finding" means a finding of	95895
noncompliance by a nursing facility that, if continued over time,	95896
will cause, or is likely to cause, physical harm to a facility	95897
resident, mental or emotional harm to a resident, or a violation	95898
of a resident's rights that results in physical, mental, or	95899
emotional harm to the resident.	95900

(3) "Severity level three finding" means a finding of	95901
noncompliance by a nursing facility that has caused physical harm	95902
to a facility resident, mental or emotional harm to a resident, or	95903
a violation of a resident's rights that results in physical,	95904
mental, or emotional harm to the resident.	95905

(4) "Severity level four finding" means a finding of	95906
noncompliance by a nursing facility that has caused	95907
life-threatening harm to a facility resident or caused a	95908
resident's death.	95909

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	95910
of the Revised Code.	95911

~~(Q)~~(O) "Substandard care" means care furnished in a facility	95912
in which the department of health has cited a deficiency or	95913
deficiencies that constitute one of the following:	95914

(1) A severity level four finding, regardless of scope;

95915

(2) A severity level three and scope level four finding, in	95916
the quality of care provided to residents;	95917

(3) A severity level three and scope level three finding, in	95918
the quality of care provided to residents.	95919

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	95920
conducted under section ~~5111.39~~5165.64 of the Revised Code.	95921

(2) "Standard survey" means a survey conducted by the	95922
department of health under division (A) of section ~~5111.39~~5165.64	95923
of the Revised Code and includes an extended survey.	95924

(3) "Follow-up survey" means a survey conducted by the	95925
department of health to determine whether a nursing facility has	95926
substantially corrected deficiencies cited in a previous survey.	95927

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	95928
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	95929
of the Revised Code that are consistent with regulations,	95930
guidelines, and procedures issued by the United States secretary	95931
of health and human services under ~~sections 1819 and 1919 of~~ the	95932
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	95933
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	95934
administration and enforcement of sections ~~5111.35~~5165.60 to	95935
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	95936
issue appropriate regulations for enforcement of those sections	95937
~~1819 and 1919~~ of the "Social Security Act" on or before December	95938
13, 1990, the medicaid director ~~of job and family services~~ may	95939
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	95940
rules that are consistent with those sections and with sections	95941
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	95942

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	95943
~~services~~medicaid is hereby authorized to enforce sections	95944
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	95945
department may enforce the sections directly or through	95946
contracting agencies. The department and agencies shall enforce	95947
the sections in accordance with the requirements of ~~sections 1819~~	95948
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	95949
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	95950
1396r, that apply to nursing facilities; with regulations,	95951
guidelines, and procedures adopted by the United States secretary	95952
of health and human services for the enforcement of those sections	95953
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	95954
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	95955
Code. The department and agencies shall enforce sections ~~5111.35~~	95956
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	95957
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	95958
to the extent prescribed by the regulations, guidelines, and	95959
procedures issued by the secretary under ~~section 1819 of that act~~	95960
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	95961

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	95962
~~services~~medicaid may enter into contracts with other state	95963
agencies pursuant to section 5162.35 of the Revised Code that	95964
authorize the agencies to perform all or part of the duties	95965
assigned to the department of ~~job and family services~~medicaid	95966
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	95967
Code. Each contract shall specify the duties the agency is	95968
authorized to perform and the sections of the Revised Code under	95969
which the agency is authorized to perform those duties.	95970

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	95971
conduct a survey, titled a standard survey, of every nursing	95972
facility in this state on a statewide average of not more than	95973
once every twelve months. Each nursing facility shall undergo a	95974
standard survey at least once every fifteen months as a condition	95975
of meeting certification requirements. The department may extend a	95976
standard survey; such a survey is titled an extended survey.	95977

(B) The department may conduct surveys in addition to	95978
standard surveys when it considers them necessary.	95979

(C) The department shall conduct surveys in accordance with	95980
the regulations, guidelines, and procedures issued by the United	95981
States secretary of health and human services under ~~Titles~~Title	95982
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	95983
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	95984
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	95985
section 3721.022 of the Revised Code.	95986

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	95987
the department of health survey team shall conduct an exit	95988
interview with the administrator or other person in charge of the	95989
nursing facility and any other facility staff members designated	95990
by the administrator or person in charge of the facility. During	95991
the exit interview, at the request of the administrator or other	95992
person in charge of the facility, the survey team shall provide	95993
one of the following, as selected by the survey team:	95994

(1) Copies of all survey notes and any other written	95995
materials created during the survey;	95996

(2) A written summary of the survey team's recommendations	95997
regarding findings of noncompliance with certification	95998
requirements;	95999

(3) An audio or audiovisual recording of the interview. If	96000
the survey team selects this option, at least two copies of the	96001
recording shall be made and the survey team shall select one copy	96002
to be kept by the survey team for use by the department of health.	96003

(B) All expenses of copying under division (A)(1) of this	96004
section or recording under division (A)(3) of this section,	96005
including the cost of the copy of the recording kept by the survey	96006
team, shall be paid by the facility.	96007

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	96008
3721.17 of the Revised Code, a finding shall be cited only on the	96009
basis of a survey and a determination that one or more actions,	96010
practices, situations, or incidents at a nursing facility caused	96011
or resulted from the facility's failure to comply with one or more	96012
certification requirements. The department of health shall	96013
determine whether the actions, practices, situations, or incidents	96014
can be justified by either of the following:	96015

(1) The actions, practices, situations, or incidents resulted	96016
from a resident exercising the resident's rights guaranteed under	96017
the laws of the United States or of this state;	96018

(2) The actions, practices, situations, or incidents resulted	96019
from a facility following the orders of a person licensed under	96020
Chapter 4731. of the Revised Code to practice medicine or surgery	96021
or osteopathic medicine and surgery.	96022

(B) If the department of health determines both that the	96023
actions, practices, situations, or incidents cannot be justified	96024
by the factors identified in division (A) of this section and that	96025
one or more of the following are applicable, the department shall	96026
declare that the actions, practices, situations, or incidents	96027
constitute a finding:	96028

(1) The actions, practices, situations, or incidents could	96029
have been prevented by one or more persons involved in the	96030
facility's operation;	96031

(2) No person involved in the facility's operation identified	96032
the actions, practices, situations, or incidents prior to the	96033
survey;	96034

(3) Prior to the survey, no person involved in the facility's	96035
operation initiated action to correct the noncompliance caused by	96036
or resulting in the actions, practices, situations, or incidents;	96037

(4) The facility does not have in effect, if needed, a	96038
contingency plan that is reasonably calculated to prevent	96039
physical, mental, or emotional harm to residents while permanent	96040
corrective action is being taken.	96041

(C) The department of health shall determine the severity	96042
level and scope level of each finding.	96043

(D) A deficiency that is substantially corrected within the	96044
time limits specified in sections ~~5111.52~~5165.79 to	96045
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	96046
imposed, shall be counted as a deficiency for the purpose of	96047
determining whether a deficiency is a repeat deficiency.	96048

(E) Whenever the department of health determines that during	96049
the period between two surveys a finding existed at the facility,	96050
but the facility substantially corrected it prior to the second	96051
survey, the department shall cite it. However, the department of	96052
~~job and family services~~medicaid or a contracting agency shall	96053
impose a remedy only as provided in division (C) of section	96054
~~5111.46~~5165.72 of the Revised Code.	96055

(F) Immediately upon determining the severity and scope of a	96056
finding at a nursing facility, the department of health shall	96057
notify the department of ~~job and family services~~medicaid and any	96058
contracting agency of the finding, the severity and scope of the	96059
finding, and whether the finding creates immediate jeopardy.	96060
Immediately upon determining that an emergency exists at a	96061
facility that does not result from a deficiency that creates	96062
immediate jeopardy, the department of health shall notify the	96063
department of ~~job and family services~~medicaid and any contracting	96064
agency.	96065

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	96066
facility that is conducted under section ~~5111.39~~5165.64 of the	96067
Revised Code, including any statement of deficiencies and all	96068
findings and deficiencies cited in the statement on the basis of	96069
the survey, shall be used solely to determine the nursing	96070
facility's compliance with certification requirements or with this	96071
chapter or another chapter of the Revised Code. Those results of a	96072
survey, that statement of deficiencies, and the findings and	96073
deficiencies cited in that statement shall not be used in any	96074
court or in any action or proceeding that is pending in any court	96075
and are not admissible in evidence in any action or proceeding	96076
unless that action or proceeding is an appeal of an administrative	96077
action by the department of ~~job and family services~~medicaid or	96078
contracting agency under this chapter or is an action by any	96079
department or agency of the state to enforce this chapter or	96080
another chapter of the Revised Code.	96081

Nothing in this section prohibits the results of a survey, a	96082
statement of deficiencies, or the findings and deficiencies cited	96083
in that statement on the basis of the survey under this section	96084
from being used in a criminal investigation or prosecution.	96085

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	96086
exit interview, the department of health shall deliver to the	96087
nursing facility a detailed statement, titled a statement of	96088
deficiencies, setting forth all findings and deficiencies cited on	96089
the basis of the survey, including any finding cited pursuant to	96090
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	96091
statement shall indicate the severity and scope level of each	96092
finding and fully describe the incidents or other facts that form	96093
the basis of the department's determination of the existence of	96094
each finding and deficiency. A failure by the survey team to	96095
completely disclose in the exit interview every finding that may	96096
result from the survey does not affect the validity of any finding	96097
or deficiency cited in the statement of deficiencies. On request	96098
of the facility, the department shall provide a copy of any	96099
written worksheet or other document produced by the survey team in	96100
making recommendations regarding scope and severity levels of	96101
findings and deficiencies.	96102

(B) At the same time the department of health delivers a	96103
statement of deficiencies, it also shall deliver to the facility a	96104
separate written notice that states all of the following:	96105

(1) That the department of ~~job and family services~~medicaid	96106
or a contracting agency will issue an order under section ~~5111.57~~	96107
5165.84 of the Revised Code denying payment for any medicaid	96108
eligible residents admitted on and after the effective date of the	96109
order if the facility does not substantially correct, within	96110
ninety days after the exit interview, the deficiency or	96111
deficiencies cited in the statement of deficiencies in accordance	96112
with the plan of correction it submitted under section ~~5111.43~~	96113
5165.69 of the Revised Code;	96114

(2) If a condition of substandard care has been cited on the	96115
basis of a standard survey and a condition of substandard care was	96116
also cited on the immediately preceding standard survey, that the	96117
department of ~~job and family services~~medicaid or a contracting	96118
agency will issue an order under section ~~5111.57~~5165.84 of the	96119
Revised Code denying payment for any medicaid eligible residents	96120
admitted on and after the effective date of the order if a	96121
condition of substandard care is cited on the basis of the next	96122
standard survey;	96123

(3) That the department of ~~job and family services~~medicaid	96124
or a contracting agency will issue an order under section ~~5111.58~~	96125
5165.88 of the Revised Code terminating the facility's	96126
participation in the ~~medical assistance~~medicaid program if either	96127
of the following applies:	96128

(a) The facility does not substantially correct the	96129
deficiency or deficiencies in accordance with the plan of	96130
correction it submitted under section ~~5111.43~~5165.69 of the	96131
Revised Code within six months after the exit interview.	96132

(b) The facility substantially corrects the deficiency or	96133
deficiencies within the six-month period, but after correcting it,	96134
the department of health, based on a follow-up survey conducted	96135
during the remainder of the six-month period, determines that the	96136
facility has failed to maintain compliance with certification	96137
requirements.	96138

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	96139
receives a statement of deficiencies under section ~~5111.42~~5165.68	96140
of the Revised Code, the facility shall submit to the department	96141
of health for its approval a plan of correction for each finding	96142
cited in the statement. The plan shall ~~describe~~include all of the	96143
following:	96144

(1) Detailed descriptions of the actions the facility will	96145
take to correct each finding ~~and specify the~~, including actions	96146
the facility will take to protect residents situated similarly to	96147
the residents affected by the causes of the findings;	96148

(2) The date by which each finding will be corrected~~. In the~~	96149
~~case of~~;	96150

(3) A detailed description of an ongoing monitoring and	96151
improvement process to be used at the facility that is focused on	96152
preventing any recurrence of the causes of the findings;	96153

(4) If the plan concerns a finding assigned a severity level	96154
indicating that a resident was harmed or immediate jeopardy	96155
exists, all of the following:	96156

(a) Detailed analyses of the facts and circumstances of the	96157
finding, including identification of its root cause;	96158

(b) A detailed explanation of how the corrective actions	96159
described pursuant to division (A)(1) of this section relate to	96160
the root cause of the finding identified pursuant to division	96161
(A)(4)(a) of this section;	96162

(c) A detailed explanation of the relationship between the	96163
ongoing monitoring and improvement process described pursuant to	96164
division (A)(3) of this section and the root cause of the finding	96165
identified pursuant to division (A)(4)(a) of this section.	96166

(5) If the plan concerns a finding cited pursuant to division	96167
(E) of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	96168
~~describe~~a description of the actions the facility took to correct	96169
the finding and the date on which it was corrected.	96170

(B)(1) The department shall approve any plan, and any	96171
modification of an existing plan a nursing facility submits to the	96172
department, that ~~conforms~~does both of the following:	96173

(a) Conforms to the requirements for approval of plans of	96174
corrections, and modifications, established in the regulations,	96175
guidelines, and procedures issued by the United States secretary	96176
of health and human services under ~~Titles~~Title XVIII and Title	96177
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	96178
~~301, as amended~~;	96179

(b) Includes all the information required by division (A) of	96180
this section. ~~The department also shall approve any modification~~	96181
~~of an existing plan submitted by a facility, if the plan as~~	96182
~~modified conforms to those regulations, guidelines, and~~	96183
~~procedures. The~~	96184

(2) The department shall consult with the department of	96185
medicaid, department of aging, and office of the state long-term	96186
care ombudsman program when determining whether a plan, or	96187
modification of an existing plan, to which division (A)(4) of this	96188
section applies conforms to the requirements for approval. The	96189
department shall not reject a facility's plan of correction or	96190
modification on the ground that the facility disputes the finding,	96191
if the plan or modification is reasonably calculated to correct	96192
the finding.	96193

(C) A facility that complies with this section shall not be	96194
considered to have admitted the existence of a finding cited by	96195
the department.	96196

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	96197
employees of the department to conduct on-site monitoring of a	96198
nursing facility whenever a finding is cited, including any	96199
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	96200
of the Revised Code, or an emergency is found to exist.	96201
Appointment of monitors under this section is not subject to	96202
appeal under section ~~5111.60~~5165.87 or any other section of the	96203
Revised Code. No employee of a facility for which monitors are	96204
appointed, no person employed by the facility within the previous	96205
two years, and no person who currently has a consulting or other	96206
contract with the department or the facility, shall be appointed	96207
as a monitor under this section. Every monitor appointed under	96208
this section shall have the professional qualifications necessary	96209
to monitor correction of the finding or elimination of the	96210
emergency.	96211

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	96212
a deficiency or deficiencies that was not substantially corrected	96213
before a survey and that does not constitute a severity level four	96214
finding or create immediate jeopardy, the department of ~~job and~~	96215
~~family services~~medicaid or a contracting agency shall permit the	96216
nursing facility to continue participating in the ~~medical~~	96217
~~assistance~~medicaid program for up to six months after the exit	96218
interview, if all of the following apply:	96219

(1) The facility meets the requirements, established in	96220
regulations issued by the United States secretary of health and	96221
human services under Title XIX ~~of the "Social Security Act," 49~~	96222
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	96223
of nursing facilities that have a deficiency.	96224

(2) The department of health has approved a plan of	96225
correction submitted by the facility under section ~~5111.43~~5165.69	96226
of the Revised Code for each deficiency.	96227

(3) The provider agrees to repay the department of ~~job and~~	96228
~~family services~~medicaid, in accordance with section ~~5111.58~~	96229
5165.85 of the Revised Code, the federal share of all payments	96230
made by the department to the facility during the six-month period	96231
following the exit interview if the facility does not within the	96232
six-month period substantially correct the deficiency or	96233
deficiencies in accordance with the plan of correction submitted	96234
under section ~~5111.43~~5165.69 of the Revised Code.	96235

(B) If any of the conditions in divisions (A)(1) to (3) of	96236
this section do not apply, the department of ~~job and family~~	96237
~~services~~medicaid or contracting agency shall issue an order	96238
terminating the facility's participation in the ~~medical assistance~~	96239
medicaid program. An order issued under this division is subject	96240
to appeal under Chapter 119. of the Revised Code. The order shall	96241
not take effect prior to the later of the thirtieth day after it	96242
is delivered to the facility or, if the order is appealed, the	96243
date on which a final adjudication order upholding the termination	96244
becomes effective pursuant to Chapter 119. of the Revised Code.	96245

(C) At the time the department of ~~job and family services~~	96246
medicaid or contracting agency issues an order under division (B)	96247
of this section terminating a nursing facility's participation in	96248
the ~~medical assistance~~medicaid program, it may also impose,	96249
subject to section ~~5111.50~~5165.76 of the Revised Code, other	96250
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	96251
Revised Code.	96252

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	96253
a deficiency, or cluster of deficiencies, that was not	96254
substantially corrected before a survey and constitutes a severity	96255
level four finding, the department of ~~job and family services~~	96256
medicaid or contracting agency shall, subject to sections ~~5111.52~~	96257
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	96258
for the deficiency or cluster of deficiencies. The department or	96259
agency may act under either division (A)(1) or (2) of this	96260
section:	96261

(1) The department or agency may impose one or more of the	96262
following remedies:	96263

(a) Issue an order terminating the nursing facility's	96264
participation in the ~~medical assistance~~medicaid program.	96265

(b) Do either of the following:

96266

(i) Regardless of whether the provider consents, appoint a	96267
temporary manager of the facility.	96268

(ii) Apply to the common pleas court of the county in which	96269
the facility is located for such injunctive or other equitable	96270
relief as is necessary for the appointment of a special master	96271
with such powers and authority over the facility and length of	96272
appointment as the court considers necessary.	96273

96274

(i) Issue an order denying ~~payment~~medicaid payments to the	96275
facility ~~under the medical assistance program~~ for all medicaid	96276
eligible residents admitted after the effective date of the order;	96277

(ii) Impose a fine.

96278

(d) Issue an order denying ~~payment~~medicaid payments to the	96279
facility ~~under the medical assistance program~~ for medicaid	96280
eligible residents admitted after the effective date of the order	96281
who have certain diagnoses or special care needs specified by the	96282
department or agency.	96283

(2) The department or agency may impose one or more of the	96284
following remedies:	96285

(a) Appoint, subject to the continuing consent of the	96286
provider, a temporary manager of the facility;	96287

(b) Do either of the following:

96288

(i) Regardless of whether the provider consents, appoint a	96289
temporary manager of the facility;	96290

(ii) Apply to the common pleas court of the county in which	96291
the facility is located for such injunctive or other equitable	96292
relief as is necessary for the appointment of a special master	96293
with such powers and authority over the facility and length of	96294
appointment as the court considers necessary.	96295

96296

(i) Issue an order denying ~~payment~~medicaid payments to the	96297
facility ~~under the medical assistance program~~ for all medicaid	96298
eligible residents admitted after the effective date of the order;	96299

(ii) Impose a fine.

96300

(d) Issue an order denying ~~payment~~medicaid payments to the	96301
facility ~~under the medical assistance program~~ for medicaid	96302
eligible residents admitted after the effective date of the order	96303
who have certain diagnoses or special care needs specified by the	96304
department or agency;	96305

(e) Issue an order requiring the facility to correct the	96306
deficiency or cluster of deficiencies under the plan of correction	96307
submitted by the facility and approved by the department of health	96308
under section ~~5111.43~~5165.69 of the Revised Code.	96309

(B) The department of ~~job and family services~~medicaid or	96310
contracting agency shall deliver a written order issued under	96311
division (A)(1) of this section terminating a nursing facility's	96312
participation in the ~~medical assistance~~medicaid program to the	96313
facility within five days after the exit interview. If the	96314
facility alleges, at any time prior to the later of the twentieth	96315
day after the exit interview or the fifteenth day after it	96316
receives the order, that the deficiency or cluster of deficiencies	96317
for which the order was issued has been substantially corrected,	96318
the department of health shall conduct a follow-up survey to	96319
determine whether the deficiency or cluster of deficiencies has	96320
been substantially corrected. The order shall take effect and the	96321
facility's participation shall terminate on the twentieth day	96322
after the exit interview, unless the facility has substantially	96323
corrected the deficiency or cluster of deficiencies that	96324
constituted a severity level four finding or did not receive	96325
notice from the department of ~~job and family services~~medicaid or	96326
contracting agency within five days after the exit interview. In	96327
the latter case, the order shall take effect and the facility's	96328
participation shall terminate on the fifteenth day after the	96329
facility received the order.	96330

(C) If the department of health cites a deficiency or cluster	96331
of deficiencies pursuant to division (E) of section ~~5111.41~~	96332
5165.66 of the Revised Code that constituted a severity level four	96333
finding, the department of ~~job and family services~~medicaid or a	96334
contracting agency shall, subject to section ~~5111.56~~5165.83 of	96335
the Revised Code, impose a fine. The fine shall be in effect for a	96336
period equal to the number of days the deficiency or cluster of	96337
deficiencies existed at the facility.	96338

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	96339
deficiency, or cluster of deficiencies, that was not substantially	96340
corrected before a survey and constitutes a severity level three	96341
and scope level three or four finding, the department of ~~job and~~	96342
~~family services~~medicaid or a contracting agency may, subject to	96343
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	96344
impose one or more of the following remedies:	96345

(A) Do either of the following:

96346

(1) Issue an order denying ~~payment~~medicaid payments to the	96347
facility ~~under the medical assistance program~~ for all medicaid	96348
eligible residents admitted after the effective date of the order;	96349

(2) Impose a fine.

96350

(B) Issue an order denying ~~payment~~medicaid payments to the	96351
facility ~~under the medical assistance program~~ for medicaid	96352
eligible residents admitted after the effective date of the order	96353
who have certain diagnoses or special care needs specified by the	96354
department or agency;	96355

(C) Issue an order requiring the facility to correct the	96356
deficiency or cluster of deficiencies under the plan of correction	96357
submitted by the facility and approved by the department of health	96358
under section ~~5111.43~~5165.69 of the Revised Code.	96359

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	96360
a deficiency, or cluster of deficiencies, that was not	96361
substantially corrected before a survey and constitutes a severity	96362
level three and scope level two finding, the department of ~~job and~~	96363
~~family services~~medicaid or a contracting agency may, subject to	96364
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	96365
impose one or more of the following remedies:	96366

(1) Do either of the following:

96367

(a) Issue an order denying ~~payment~~medicaid payments to the	96368
facility ~~under the medical assistance program~~ for all medicaid	96369
eligible residents admitted after the effective date of the order;	96370

(b) Impose a fine.

96371

(2) Issue an order denying ~~payment~~medicaid payments to the	96372
facility ~~under the medical assistance program~~ for medicaid	96373
eligible residents admitted after the effective date of the order	96374
who have certain diagnoses or special care needs specified by the	96375
department or agency;	96376

(3) Issue an order requiring the facility to correct the	96377
deficiency or cluster of deficiencies under the plan of correction	96378
proposed by the facility and approved by the department of health	96379
under section ~~5111.43~~5165.69 of the Revised Code.	96380

(B) If the department of health cites a deficiency, or	96381
cluster of deficiencies, that was not substantially corrected	96382
before a survey and constitutes a severity level three and scope	96383
level one finding, the department of ~~job and family services~~	96384
medicaid or a contracting agency may, subject to sections ~~5111.55~~	96385
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	96386
more of the following remedies:	96387

(1) Impose a fine;

96388

(2) Issue an order denying ~~payment~~medicaid payments to the	96389
facility ~~under the medical assistance program~~ for medicaid	96390
eligible residents admitted after the effective date of the order	96391
who have certain diagnoses or special care needs specified by the	96392
department or agency;	96393

(3) Issue an order requiring the facility to correct the	96394
deficiency or cluster of deficiencies under the plan of correction	96395
proposed by the facility and approved by the department of health	96396
under section ~~5111.43~~5165.69 of the Revised Code.	96397

(C) If the department of health cites a deficiency, or	96398
cluster of deficiencies, that was not substantially corrected	96399
before a survey and constitutes a severity level two and a scope	96400
level three or four finding, the department of ~~job and family~~	96401
~~services~~medicaid or a contracting agency may, subject to sections	96402
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	96403
one or more of the following remedies:	96404

(1) Impose a fine;

96405

(2) Issue an order denying ~~payment~~medicaid payments to the	96406
facility ~~under the medical assistance program~~ for medicaid	96407
eligible residents admitted after the effective date of the order	96408
who have certain diagnoses or special care needs specified by the	96409
department or agency;	96410

(3) Issue an order requiring the facility to correct the	96411
deficiency or cluster of deficiencies under the plan of correction	96412
submitted by the facility and approved by the department of health	96413
under section ~~5111.43~~5165.69 of the Revised Code.	96414

(D) If the department of health cites a deficiency, or	96415
cluster of deficiencies, that was not substantially corrected	96416
before a survey, constitutes a severity level two and scope level	96417
one or two finding, and is a repeat finding, the department of ~~job~~	96418
~~and family services~~medicaid or a contracting agency may issue an	96419
order requiring the facility to correct the deficiency or cluster	96420
of deficiencies under the plan of correction submitted by the	96421
facility and approved by the department of health under section	96422
~~5111.43~~5165.69 of the Revised Code.	96423

(E) If the department of health cites a deficiency, or	96424
cluster of deficiencies, that was not substantially corrected	96425
before a survey and constitutes a severity level one and scope	96426
level three or four finding, the department of ~~job and family~~	96427
~~services~~medicaid or a contracting agency may issue an order	96428
requiring the facility to correct the deficiency or cluster of	96429
deficiencies under the plan of correction submitted by the	96430
facility and approved by the department of health under section	96431
~~5111.43~~5165.69 of the Revised Code.	96432

(F) If the department of health cites a deficiency, or	96433
cluster of deficiencies, that was not substantially corrected	96434
before a survey, constitutes a severity level one and scope level	96435
two finding, and is a repeat finding, the department of ~~job and~~	96436
~~family services~~medicaid or a contracting agency may issue an	96437
order requiring the facility to correct the deficiency or cluster	96438
of deficiencies under the plan of correction submitted by the	96439
facility and approved by the department of health under section	96440
~~5111.43~~5165.69 of the Revised Code.	96441

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	96442
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	96443
5165.74 of the Revised Code, including whether a fine should be	96444
imposed, the department of ~~job and family services~~medicaid or a	96445
contracting agency shall do both of the following:	96446

(1) Impose the remedies that are most likely to achieve	96447
correction of deficiencies, encourage sustained compliance with	96448
certification requirements, and protect the health, safety, and	96449
rights of facility residents, but that are not directed at	96450
punishment of the facility;	96451

(2) Consider all of the following:

96452

(a) The presence or absence of immediate jeopardy;

96453

(b) The relationships of groups of deficiencies to each	96454
other;	96455

(c) The facility's history of compliance with certification	96456
requirements generally and in the specific area of the deficiency	96457
or deficiencies;	96458

(d) Whether the deficiency or deficiencies are directly	96459
related to resident care;	96460

(e) The corrective, long-term compliance, resident	96461
protective, and nonpunitive outcomes sought by the department or	96462
agency;	96463

(f) The nature, scope, and duration of the noncompliance with	96464
certification requirements;	96465

(g) The existence of repeat deficiencies;

96466

(h) The category of certification requirements with which the	96467
facility is out of compliance;	96468

(i) Any period of noncompliance with certification	96469
requirements that occurred between two certifications by the	96470
department of health that the facility was in compliance with	96471
certification requirements;	96472

(j) The facility's degree of culpability;

96473

(k) The accuracy, extent, and availability of facility	96474
records;	96475

(l) The facility's financial condition, exclusive of any	96476
moneys donated to a facility that is an organization described in	96477
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	96478
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	96479
1;	96480

(m) Any adverse effect that the action or fine would have on	96481
the health and safety of facility residents;	96482

(n) If the noncompliance that resulted in the citation of a	96483
deficiency or cluster of deficiencies existed before a change in	96484
ownership of the facility, whether the new owner or owners have	96485
had sufficient time to correct the noncompliance.	96486

(B) Whenever the department or agency imposes remedies under	96487
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	96488
the Revised Code, it shall provide a written statement to the	96489
nursing facility that specifies all of the following:	96490

(1) The effective date of each remedy;

96491

(2) The deficiency or cluster of deficiencies for which each	96492
remedy is imposed;	96493

(3) The severity and scope of the deficiency or cluster of	96494
deficiencies;	96495

(4) The rationale, including all applicable factors specified	96496
in division (A) of this section, for imposing the remedies.	96497

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	96498
~~family services~~medicaid or a contracting agency, under section	96499
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	96500
Revised Code, issues an order terminating a nursing facility's	96501
participation in the ~~medical assistance~~medicaid program, the	96502
department or agency may also impose a fine, in accordance with	96503
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	96504
the Revised Code, to be collected in the event the termination	96505
order does not take effect. The department or agency shall not	96506
collect this fine if the termination order takes effect.	96507

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	96508
during a survey that an emergency exists at a nursing facility, as	96509
the result of a deficiency or cluster of deficiencies that creates	96510
immediate jeopardy, the department of ~~job and family services~~	96511
medicaid or a contracting agency shall impose one or more of the	96512
remedies described in division (A)(1) of this section and, in	96513
addition, may take one or both of the actions described in	96514
division (A)(2) of this section.	96515

(1) The department or agency shall impose one or more of the	96516
following remedies:	96517

(a) Appoint, subject to the continuing consent of the	96518
provider, a temporary manager of the facility;	96519

(b) Apply to the common pleas court of the county in which	96520
the facility is located for a temporary restraining order,	96521
preliminary injunction, or such other injunctive or equitable	96522
relief as is necessary to close the facility, transfer one or more	96523
residents to other nursing facilities or other appropriate care	96524
settings, or otherwise eliminate the condition of immediate	96525
jeopardy. If the court grants such an order, injunction, or	96526
relief, it may appoint a special master empowered to implement the	96527
court's judgment under the court's direct supervision.	96528

(c) Issue an order terminating the facility's participation	96529
in the ~~medical assistance~~medicaid program;	96530

(d) Regardless of whether the provider consents, appoint a	96531
temporary manager of the facility.	96532

(2) The department or agency may do one or both of the	96533
following:	96534

(a) Issue an order denying ~~payment~~medicaid payments to the	96535
facility for all medicaid eligible residents admitted after the	96536
effective date of the order;	96537

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	96538
5165.74 of the Revised Code appropriate to the severity and scope	96539
of the deficiency or cluster of deficiencies, except that the	96540
department or agency shall not impose a fine for the same	96541
deficiency for which the department or agency has issued an order	96542
under division (A)(2)(a) of this section.	96543

(B) If the department of health, department of ~~job and family~~	96544
~~services~~medicaid, or a contracting agency finds on the basis of a	96545
survey or other visit to the facility by representatives of that	96546
department or agency that an emergency exists at a facility that	96547
is not the result of a deficiency or cluster of deficiencies that	96548
constitutes immediate jeopardy, the department of ~~job and family~~	96549
~~services~~medicaid or contracting agency may do either of the	96550
following:	96551

(1) Appoint, subject to the continuing consent of the	96552
provider, a temporary manager of the facility;	96553

(2) Apply to the common pleas court of the county in which	96554
the facility is located for a temporary restraining order,	96555
preliminary injunction, or such other injunctive or equitable	96556
relief as is necessary to close the facility, transfer one or more	96557
residents to other nursing facilities or other appropriate care	96558
settings, or otherwise eliminate the emergency. If the court	96559
grants such an order, injunction, or relief, it may appoint a	96560
special master empowered to implement the court's judgment under	96561
the court's direct supervision.	96562

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	96563
(2), or (B)(2) of this section, the department of ~~job and family~~	96564
~~services~~medicaid or contracting agency shall give written notice	96565
to the facility specifying all of the following:	96566

(a) The nature of the emergency, including the nature of any	96567
deficiency or deficiencies that caused the emergency;	96568

(b) The nature of the action the department or agency intends	96569
to take unless the department of health determines that the	96570
facility, in the absence of state intervention, possesses the	96571
capacity to eliminate the emergency;	96572

96573

(2) If the department of health determines that the facility	96574
does not possess the capacity to eliminate the emergency in the	96575
absence of state intervention, the department of ~~job and family~~	96576
~~services~~medicaid or contracting agency may immediately take	96577
action under division (A) or (B) of this section. If the	96578
department of health determines that the facility possesses the	96579
capacity to eliminate the emergency, the department of ~~job and~~	96580
~~family services~~medicaid or contracting agency shall direct the	96581
facility to eliminate the emergency within five days after the	96582
facility's receipt of the notice. At the end of the five-day	96583
period, the department of health shall conduct a follow-up survey	96584
that focuses on the emergency. If the department of health	96585
determines that the facility has eliminated the emergency within	96586
the time period, the department of ~~job and family services~~	96587
medicaid or contracting agency shall not act under division	96588
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	96589
department of health determines that the facility has failed to	96590
eliminate the emergency within the five-day period, the department	96591
of ~~job and family services~~medicaid or contracting agency shall	96592
take appropriate action under division (A)(1)(b), (c), (d), or	96593
(2), or (B)(2) of this section.	96594

(3) Until the written notice required by division (C)(1) of	96595
this section is actually delivered, no action taken by the	96596
department of ~~job and family services~~medicaid or contracting	96597
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	96598
this section shall have any legal effect. In addition to the	96599
written notice, the department of health survey team shall give	96600
oral notice to the facility, at the time of the survey, concerning	96601
any recommendations the survey team intends to make that could	96602
form the basis of a determination that an emergency exists.	96603

(D) The department of ~~job and family services~~medicaid or	96604
contracting agency shall deliver a written order issued under	96605
division (A)(1) of this section terminating a nursing facility's	96606
participation in the ~~medical assistance~~medicaid program to the	96607
facility within five days after the exit interview. If the	96608
facility alleges, at any time prior to the later of the twentieth	96609
day after the exit interview or the fifteenth day after it	96610
receives the order, that the condition of immediate jeopardy for	96611
which the order was issued has been eliminated, the department of	96612
health shall conduct a follow-up survey to determine whether the	96613
immediate jeopardy has been eliminated. The order shall take	96614
effect and the facility's participation shall terminate on the	96615
twentieth day after the exit interview, unless the facility has	96616
eliminated the immediate jeopardy or did not receive notice from	96617
the department of ~~job and family services~~medicaid or contracting	96618
agency within five days after the exit interview. In the latter	96619
case, the order shall take effect and the facility's participation	96620
shall terminate on the fifteenth day after the facility received	96621
the order.	96622

(E) Any action taken by the department of ~~job and family~~	96623
~~services~~medicaid or a contracting agency under division	96624
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	96625
under Chapter 119. of the Revised Code, except that the department	96626
or agency may take such action prior to and during the pendency of	96627
any proceeding under that chapter. No action taken by a facility	96628
under division (C) of this section to eliminate an emergency cited	96629
by the department of health shall be considered an admission by	96630
the facility of the existence of an emergency.	96631

Sec. 5165.771. (A) As used in this section:

96632

"SFF list" means the list of nursing facilities that the	96633
United States department of health and human services creates	96634
under the special focus facility program.	96635

"Special focus facility program" means the program conducted	96636
by the United States secretary of health and human services	96637
pursuant to the "Social Security Act," section 1919(f)(10), 42	96638
U.S.C. 1396r(f)(10).	96639

"Table A" means the table included in the SFF list that	96640
identifies nursing facilities that are newly added to the SFF	96641
list.	96642

"Table B" means the table included in the SFF list that	96643
identifies nursing facilities that have not improved.	96644

"Table C" means the table included in the SFF list that	96645
identifies nursing facilities that have shown improvement.	96646

"Table D" means the table included in the SFF list that	96647
identifies nursing facilities that have recently graduated from	96648
the special focus facility program.	96649

(B) The department of medicaid shall issue an order	96650
terminating a nursing facility's participation in the medicaid	96651
program if any of the following apply:	96652

(1) The nursing facility is listed in table A or table B on	96653
the effective date of this section and fails to be placed in table	96654
C not later than twelve months after the effective date of this	96655
section;	96656

(2) The nursing facility is listed in table A, table B, or	96657
table C on the effective date of this section and fails to be	96658
placed in table D not later than twenty-four months after the	96659
effective date of this section;	96660

(3) The nursing facility is placed in table A after the	96661
effective date of this section and fails to be placed in table C	96662
not later than twelve months after the nursing facility is placed	96663
in table A;	96664

(4) The nursing facility is placed in table A after the	96665
effective date of this section and fails to be placed in table D	96666
not later than twenty-four months after the nursing facility is	96667
placed in table A.	96668

(C) An order issued under this section is not subject to	96669
appeal under Chapter 119. of the Revised Code.	96670

(D) To help a nursing facility avoid having its participation	96671
in the medicaid program terminated pursuant to division (B) of	96672
this section, the department of aging shall provide the nursing	96673
facility technical assistance through the nursing home quality	96674
initiative established under section 173.60 of the Revised Code at	96675
least four months before the department of medicaid would be	96676
required to terminate the nursing facility's participation.	96677

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	96678
~~family services~~medicaid determines that a nursing facility is	96679
experiencing or is likely to experience a serious financial loss	96680
or failure that jeopardizes or is likely to jeopardize the health,	96681
safety, and welfare of its residents, the department, subject to	96682
the provider's consent, may appoint a temporary resident safety	96683
assurance manager in the nursing facility to take actions the	96684
department determines are appropriate to ensure the health,	96685
safety, and welfare of the residents.	96686

(B) A temporary resident safety assurance manager appointed	96687
under this section is vested with the authority necessary to take	96688
actions the department of ~~job and family services~~medicaid	96689
determines are appropriate to ensure the health, safety, and	96690
welfare of the residents.	96691

(C) A temporary resident safety assurance manager appointed	96692
under this section may use any of the following funds to pay for	96693
costs the manager incurs on behalf of the nursing facility:	96694

(1) Medicaid payments made in accordance with the provider	96695
agreement for the nursing facility;	96696

(2) Funds from the residents protection fund that the	96697
department provides the manager under section ~~5111.62~~5162.66 of	96698
the Revised Code;	96699

(3) Other funds the department determines are appropriate if	96700
such use of the funds is consistent with the appropriations that	96701
authorize the use of the funds and all other state and federal	96702
laws governing the use of the funds.	96703

(D) The provider is liable to the department for the amount	96704
of any payments the department makes to the temporary resident	96705
safety assurance manager, other than payments specified in	96706
division (C)(1) of this section. The department may recover the	96707
amount the provider owes the department by doing any of the	96708
following:	96709

(1) Offsetting medicaid payments made to the provider in	96710
accordance with the provider agreement;	96711

(2) Placing a lien on any of the provider's real and personal	96712
property;	96713

(3) Initiating other collection actions.

96714

(E) No action the department takes under this section is	96715
subject to appeal under Chapter 119. of the Revised Code.	96716

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	96717
5165.61 of the Revised Code, the medicaid director ~~of job and~~	96718
~~family services~~ may establish all of the following:	96719

(1) Qualifications persons must meet to be appointed	96720
temporary resident safety assurance managers under this section;	96721

(2) Procedures for maintaining a list of qualified temporary	96722
resident safety assurance managers;	96723

(3) Procedures consistent with federal law for paying for the	96724
services of temporary resident safety assurance managers;	96725

(4) Accounting and reporting requirements for temporary	96726
resident safety assurance managers;	96727

(5) Other procedures and requirements the director determines	96728
are necessary to implement this section.	96729

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	96730
"terminating" includes not renewing.	96731

(B) A nursing facility's participation in the ~~medical~~	96732
~~assistance~~medicaid program shall be terminated under sections	96733
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	96734
follows:	96735

(1) If the department of ~~job and family services~~medicaid is	96736
terminating the facility's participation, it shall issue an order	96737
terminating the facility's provider agreement.	96738

(2) If the department of health, acting as a contracting	96739
agency, is terminating the facility's participation, it shall	96740
issue an order terminating certification of the facility's	96741
compliance with certification requirements. When the department of	96742
health terminates certification, the department of ~~job and family~~	96743
~~services~~medicaid shall terminate the facility's provider	96744
agreement. The department of ~~job and family services~~medicaid is	96745
not required to provide an adjudication hearing when it terminates	96746
a provider agreement following termination of certification by the	96747
department of health.	96748

(3) If a state agency other than the department of health,	96749
acting as a contracting agency, is terminating the facility's	96750
participation, it shall notify the department of ~~job and family~~	96751
~~services~~medicaid, and the department of ~~job and family services~~	96752
medicaid shall issue an order terminating the facility's provider	96753
agreement. The contracting agency shall conduct any administrative	96754
proceedings concerning the order.	96755

(C) If the following conditions are met, the department of	96756
~~job and family services~~medicaid may make ~~medical assistance~~	96757
medicaid payments to a nursing facility for a period not exceeding	96758
thirty days after the effective date of termination under sections	96759
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	96760
facility's participation in the ~~medical assistance~~medicaid	96761
program:	96762

(1) The payments are for medicaid eligible residents admitted	96763
to the facility prior to the effective date of the termination;	96764

(2) The provider is making reasonable efforts to transfer	96765
medicaid eligible residents to other care settings.	96766

The period during which payments may be made under this	96767
division begins on the later of the effective date of the	96768
termination or, if the facility has appealed a termination order,	96769
the date of issuance of the adjudication order upholding	96770
termination.	96771

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	96772
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	96773
Revised Code, the department of ~~job and family services~~medicaid	96774
or contracting agency shall arrange for the safe and orderly	96775
transfer of all residents, including residents who are not	96776
medicaid eligible residents, to other appropriate care settings.	96777
Whenever a nursing facility's participation in the ~~medical~~	96778
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	96779
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	96780
agency shall arrange for the safe and orderly transfer of all	96781
medicaid eligible residents or, if the termination results in the	96782
closure of the facility, of all residents. The provider and all	96783
persons involved in the facility's operation shall cooperate with	96784
and assist in the transfer of residents.	96785

(B) After a nursing facility's participation in the ~~medical~~	96786
~~assistance~~medicaid program is terminated under section ~~5111.45~~	96787
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	96788
5165.85 of the Revised Code, the department of ~~job and family~~	96789
~~services~~medicaid or contracting agency may appoint a temporary	96790
manager subject to the continuing consent of the provider, or may	96791
apply to the common pleas court of the county in which the	96792
facility is located for such injunctive relief as is necessary for	96793
the appointment of a special master, to ensure the transfer of	96794
medicaid eligible residents to other appropriate care settings	96795
and, if applicable, the orderly closure of the facility.	96796

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	96797
facility appointed by the department of ~~job and family services~~	96798
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	96799
~~5111.62~~5165.89 of the Revised Code shall meet all of the	96800
following qualifications:	96801

(1) Be licensed as a nursing home administrator under Chapter	96802
4751. of the Revised Code;	96803

(2) Have demonstrated competence as a nursing home	96804
administrator;	96805

(3) Have had no disciplinary action taken against the	96806
temporary manager by any licensing board or professional society	96807
in this state.	96808

(B) The salary of a temporary manager or special master	96809
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	96810
Revised Code shall be paid by the facility and set by the	96811
department of ~~job and family services~~medicaid or contracting	96812
agency, in the case of a temporary manager, or by the court, in	96813
the case of a special master, at a rate not to exceed the maximum	96814
allowable compensation for an administrator under the ~~medical~~	96815
~~assistance~~medicaid program. The extent to which this compensation	96816
is allowable under the ~~medical assistance~~medicaid program is	96817
subject to and limited by this chapter and rules ~~of the department~~	96818
adopted under section 5165.02 of the Revised Code.	96819

Subject to division (C) of this section, any costs incurred	96820
on behalf of a nursing facility by a temporary manager or special	96821
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	96822
of the Revised Code shall be paid by the facility. The	96823
allowability of these costs under the ~~medical assistance~~medicaid	96824
program shall be subject to and governed by this chapter and ~~the~~	96825
rules ~~of the department~~adopted under section 5165.02 of the	96826
Revised Code. This division does not prohibit a facility from	96827
applying for or receiving any waiver of cost ceilings available	96828
under the rules ~~of the department~~.	96829

(C) No temporary manager or special master appointed under	96830
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	96831
shall enter into any employment contract on behalf of a facility,	96832
or purchase any capital goods using facility funds totaling more	96833
than ten thousand dollars, unless the temporary manager or special	96834
master has obtained prior approval for the contract or purchase	96835
from either the provider or the court.	96836

(D)(1) A temporary manager appointed for a nursing facility	96837
under section ~~5111.46~~5165.72 of the Revised Code is hereby	96838
vested, subject to division (C) of this section, with the legal	96839
authority necessary to correct any deficiency or cluster of	96840
deficiencies at a facility, bring the facility into compliance	96841
with certification requirements, and otherwise ensure the health	96842
and safety of the residents.	96843

(2) A temporary manager appointed under section ~~5111.51~~	96844
5165.77 of the Revised Code is hereby vested, subject to division	96845
(C) of this section, with the authority necessary to eliminate the	96846
emergency, bring the facility into compliance with certification	96847
requirements, and otherwise ensure the health and safety of the	96848
residents.	96849

(3) A temporary manager appointed under section ~~5111.53~~	96850
5165.80 of the Revised Code is hereby vested, subject to division	96851
(C) of this section, with the authority necessary to ensure the	96852
transfer of medicaid eligible residents to other appropriate care	96853
settings and, if applicable, the orderly closure of the facility,	96854
and to otherwise ensure the health and safety of the residents.	96855

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	96856
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	96857
manager or apply for a special master, the department of ~~job and~~	96858
~~family services~~medicaid or contracting agency shall order the	96859
facility to substantially correct the deficiency or deficiencies	96860
within five days after receiving the statement and inform the	96861
facility, in the statement it provides pursuant to division (B) of	96862
section ~~5111.49~~5165.75 of the Revised Code, of the order and	96863
that it will not take that action unless the facility fails to	96864
substantially correct the deficiency or deficiencies within that	96865
five-day period. At the end of the five-day period, the department	96866
of health shall conduct a follow-up survey that focuses on the	96867
deficiency or deficiencies. If the department of health determines	96868
that the facility has substantially corrected the deficiency or	96869
deficiencies within that time, the department of ~~job and family~~	96870
~~services~~medicaid or contracting agency shall not appoint a	96871
temporary manager or apply for a special master. If the department	96872
of health determines that the facility has failed to substantially	96873
correct the deficiency or deficiencies within that time, the	96874
department of ~~job and family services~~medicaid or contracting	96875
agency may proceed with appointment of the temporary manager or	96876
application for a special master. Until the statement required	96877
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	96878
is actually delivered, no action taken by the department or agency	96879
to appoint a temporary manager or apply for a temporary manager	96880
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	96881
the Revised Code shall have any legal effect. No action taken by a	96882
facility under this division to substantially correct a deficiency	96883
or deficiencies shall be considered an admission by the facility	96884
of the existence of a deficiency or deficiencies.	96885

(F) Appointment of a temporary manager under division	96886
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	96887
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	96888
expire at the end of the seventh day following the appointment. If	96889
the department of ~~job and family services~~medicaid or contracting	96890
agency finds that the deficiency or deficiencies that prompted the	96891
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	96892
5165.72 of the Revised Code cannot be substantially corrected, or	96893
the condition of immediate jeopardy that prompted the appointment	96894
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	96895
Code cannot be eliminated, prior to the expiration of the	96896
appointment, it may take one of the following actions:	96897

(1) Appoint, subject to the continuing consent of the	96898
provider, a temporary manager for the facility;	96899

(2) Apply to the common pleas court of the county in which	96900
the facility is located for an order appointing a special master	96901
who, under the authority and direct supervision of the court and	96902
subject to divisions (B) and (C) of this section, may take such	96903
additional actions as are necessary to correct the deficiency or	96904
deficiencies or eliminate the condition of immediate jeopardy and	96905
bring the facility into compliance with certification	96906
requirements.	96907

(G) The court, on finding that the deficiency or deficiencies	96908
for which a special master was appointed under division (F)(2) of	96909
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	96910
5165.72 of the Revised Code has been substantially corrected, or	96911
the emergency for which a special master was appointed under	96912
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	96913
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	96914
that the facility has been brought into compliance with	96915
certification requirements, and that the provider has established	96916
the management capability to ensure continued compliance with the	96917
certification requirements, shall immediately terminate its	96918
jurisdiction over the facility and return control and management	96919
of the facility to the provider. If the deficiency or deficiencies	96920
cannot be substantially corrected, or the emergency cannot be	96921
eliminated practicably within a reasonable time following	96922
appointment of the special master, the court may order the special	96923
master to close the facility and transfer all residents to other	96924
nursing facilities or other appropriate care settings.	96925

(H) This section does not apply to temporary resident safety	96926
assurance managers appointed under section ~~5111.511~~5165.78 of the	96927
Revised Code.	96928

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	96929
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	96930
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	96931
medicaid payments to a nursing facility for all medicaid eligible	96932
residents admitted after its effective date, or an order issued	96933
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	96934
of the Revised Code denying ~~payment~~medicaid payments to a	96935
nursing facility for medicaid eligible residents admitted after	96936
the effective date of the order who have specified diagnoses or	96937
special care needs, shall also apply to individuals admitted to	96938
the facility on and after the effective date of the order who are	96939
not medicaid eligible residents but become medicaid eligible	96940
residents after admission. Such an order shall not apply to any of	96941
the following:	96942

(1) An individual who was a medicaid eligible resident of the	96943
facility on the day immediately preceding the effective date of	96944
the order and continues to be a medicaid eligible resident on and	96945
after that date;	96946

(2) An individual who was a resident of the facility on the	96947
day immediately preceding the effective date of the order,	96948
continues to be a resident on and after that date, and becomes	96949
medicaid eligible on or after that date;	96950

(3) An individual who was a medicaid eligible resident of the	96951
facility prior to the effective date of the order, is temporarily	96952
absent from the facility on that or a subsequent date due to	96953
hospitalization or participation in therapeutic programs outside	96954
the facility, and chooses to return to the facility;	96955

(4) An individual who was a resident of the facility prior to	96956
the effective date of the order, is temporarily absent from the	96957
facility on that or a subsequent date due to hospitalization or	96958
participation in therapeutic programs outside the facility,	96959
becomes medicaid eligible on or after that date, and chooses to	96960
return to the facility.	96961

(B) An order issued under section ~~5111.46~~5165.72 of the	96962
Revised Code denying ~~payment~~medicaid payments to a nursing	96963
facility for all medicaid eligible residents admitted after its	96964
effective date, or denying ~~payment~~medicaid payments to a facility	96965
for medicaid eligible residents admitted after the effective date	96966
of the order who have specified diagnoses or special care needs	96967
shall not take effect prior to the fifth day after the order is	96968
delivered to the facility. Such an order issued under section	96969
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	96970
take effect prior to the twentieth day after it is delivered to	96971
the facility.	96972

(C) No nursing facility that has received an order under	96973
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	96974
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	96975
medicaid payments for all new admissions of medicaid eligible	96976
residents shall admit a medicaid eligible resident on or after the	96977
effective date of the order, unless the resident is described in	96978
division (A)(3) or (4) of this section, until the order is	96979
terminated pursuant to this section. No nursing facility that has	96980
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	96981
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	96982
payments to a nursing facility for new admissions of medicaid	96983
eligible residents with specified diagnoses or special care needs	96984
shall admit such a resident on or after the effective date of the	96985
order, unless the resident is described in division (A)(3) or (4)	96986
of this section, until the order is terminated pursuant to this	96987
section.	96988

(D) In the case of an order imposed under division (B) of	96989
section ~~5111.57~~5165.84 of the Revised Code, the department or	96990
agency shall appoint monitors in accordance with section ~~5111.44~~	96991
5165.70 of the Revised Code to conduct on-site monitoring.	96992

(E)(1) A facility may give written notice to the department	96993
of health whenever any of the following apply:	96994

(a) With respect to an order denying payment issued under	96995
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	96996
the Revised Code, either of the following is the case:	96997

(i) The facility has completed implementation of the plan of	96998
correction it submitted under section ~~5111.43~~5165.69 of the	96999
Revised Code and substantially corrected all deficiencies for	97000
which the order was issued.	97001

(ii) The facility has reduced the severity or scope of all of	97002
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	97003
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	97004

(b) With respect to an order denying payment issued under	97005
section ~~5111.51~~5165.77 of the Revised Code, the facility has	97006
eliminated the immediate jeopardy.	97007

(c) With respect to an order denying ~~payment~~medicaid	97008
payments issued under division (A) of section ~~5111.57~~5165.84 of	97009
the Revised Code, the facility has completed implementation of the	97010
plan of correction it submitted under section ~~5111.43~~5165.69 of	97011
the Revised Code and substantially corrected all deficiencies for	97012
which the order was issued.	97013

(d) With respect to an order denying ~~payment~~medicaid	97014
payments issued under division (B) of section ~~5111.57~~5165.84 of	97015
the Revised Code, both of the following are the case:	97016

(i) The facility has completed implementation of the plan of	97017
correction it submitted under section ~~5111.43~~5165.69 of the	97018
Revised Code and substantially corrected all deficiencies for	97019
which the order was issued.	97020

(ii) The facility is in compliance with certification	97021
requirements and has provided adequate assurance that it will	97022
remain in compliance with them.	97023

(2) Within ten working days after it receives the notice	97024
under division (E)(1) of this section, the department of health	97025
shall conduct a follow-up survey that focuses on the cited	97026
deficiency or deficiencies, unless the department is able to	97027
determine, on the basis of documentation provided by the facility,	97028
that the facility has completed the applicable action described in	97029
divisions (E)(1)(a) to (d) of this section. If the department of	97030
health makes that determination on the basis of the documentation,	97031
the department of ~~job and family services~~medicaid or contracting	97032
agency shall terminate the order denying ~~payment~~medicaid payments	97033
as of the date the facility completed the applicable action, as	97034
subsequently verified by the department of health. If the	97035
department of health conducts a follow-up survey, the department	97036
of ~~job and family services~~medicaid or contracting agency shall	97037
terminate the order denying ~~payment~~medicaid payments as of the	97038
date the department of health makes the determination that the	97039
facility completed the applicable action.	97040

(F) The department of ~~job and family services~~medicaid or	97041
contracting agency shall provide public notice implementing an	97042
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	97043
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	97044
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	97045
~~medical assistance program~~ for all medicaid eligible residents by	97046
publishing in a newspaper of general circulation in the county in	97047
which the facility is located an announcement stating: "By order	97048
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	97049
name of contracting agency), effective on and after (effective	97050
date of order), (name of facility) is no longer authorized to	97051
admit Medicaid eligible residents." Immediately following	97052
termination of any such order, the department or agency shall	97053
publish in a newspaper of general circulation in the county in	97054
which the facility is located an announcement stating: "By order	97055
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	97056
name of contracting agency), effective on and after (effective	97057
date of termination), (name of facility) is hereby authorized to	97058
admit Medicaid eligible residents." Neither the department nor the	97059
contracting agency shall issue public notice of an order under	97060
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	97061
the Revised Code denying payment to a nursing facility for	97062
medicaid eligible residents with specified diagnoses or special	97063
care needs; public notice is not required for such an order to	97064
take effect.	97065

(G) A facility that complies with division (E) of this	97066
section shall not be considered to have admitted to the existence	97067
of the deficiency that constitutes the basis of the department's	97068
or agency's order.	97069

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	97070
"certified beds" means beds certified under Title XVIII or Title	97071
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	97072
~~301, as amended~~.	97073

(B) If the department of ~~job and family services~~medicaid or	97074
a contracting agency imposes a fine on a nursing facility under	97075
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	97076
the Revised Code, it may impose one or more of the following:	97077

(1) One hundred sixty per cent of the amount calculated under	97078
division (C) of this section for any deficiency or cluster of	97079
deficiencies that constitutes a severity level four and scope	97080
level four finding;	97081

(2) One hundred forty per cent of the amount calculated under	97082
division (C) of this section for any deficiency or cluster of	97083
deficiencies that constitutes a severity level four and scope	97084
level three finding;	97085

(3) One hundred twenty per cent of the amount calculated	97086
under division (C) of this section for any deficiency or cluster	97087
of deficiencies that constitutes a severity level four and scope	97088
level two finding;	97089

(4) The amount calculated under division (C) of this section	97090
for any deficiency or cluster of deficiencies that constitutes a	97091
severity level four and scope level one finding or any deficiency	97092
or cluster of deficiencies that constitutes a severity level three	97093
and scope level four finding;	97094

(5) Ninety per cent of the amount calculated under division	97095
(C) of this section for any deficiency or cluster of deficiencies	97096
that constitutes a severity level three and scope level three	97097
finding;	97098

(6) Eighty per cent of the amount calculated under division	97099
(C) of this section for any deficiency or cluster of deficiencies	97100
that constitutes a severity level three and scope level two	97101
finding;	97102

(7) Seventy per cent of the amount calculated under division	97103
(C) of this section for any deficiency or cluster of deficiencies	97104
that constitutes a severity level three and scope level one	97105
finding;	97106

(8) Fifty per cent of the amount calculated under division	97107
(C) of this section for any deficiency or cluster of deficiencies	97108
that constitutes a severity level two and scope level four	97109
finding;	97110

(9) Forty per cent of the amount calculated under division	97111
(C) of this section for any deficiency or cluster of deficiencies	97112
that constitutes a severity level two and scope level three	97113
finding.	97114

(C) The amount subject to division (B) of this section shall	97115
be the product of multiplying two dollars and fifty cents for each	97116
day the fine is in effect by the total number of licensed nursing	97117
home beds or certified beds, whichever is greater, in the facility	97118
as of the date the deficiency or cluster of deficiencies that is	97119
the reason for the fine was cited.	97120

(D)(1) The department of ~~job and family services~~medicaid or	97121
contracting agency shall not impose on a facility, at any one	97122
time, more than four fines as a result of any one survey.	97123

(2) The department of ~~job and family services~~medicaid or	97124
contracting agency shall not impose more than one fine based on a	97125
deficiency or cluster of deficiencies. However, if the department	97126
of health, in a follow-up or other subsequent survey, finds a	97127
change in the scope or severity of the deficiency or cluster of	97128
deficiencies, the department of ~~job and family services~~medicaid	97129
or contracting agency may increase or decrease the fine in	97130
accordance with division (B) of this section to reflect the change	97131
in scope or severity. The department or agency shall give the	97132
facility written notice of the change in the amount of the fine.	97133
The change shall take effect on the date the follow-up or other	97134
subsequent survey is completed.	97135

If the department of health finds that a deficiency is a	97136
repeat deficiency, the department of ~~job and family services~~	97137
medicaid or contracting agency may impose a fine that is one	97138
hundred per cent greater than the fine specified in division (B)	97139
of this section for the deficiency.	97140

(E) The total amount of fines the department of ~~job and~~	97141
~~family services~~medicaid or contracting agency may impose on a	97142
facility in a single calendar year shall not exceed five hundred	97143
dollars for each licensed nursing home bed or certified bed,	97144
whichever is greater in number, in the facility.	97145

(F)(1) Except as provided in division (F)(2) of this section,	97146
the department of ~~job and family services~~medicaid or contracting	97147
agency shall not impose a fine under section ~~5111.46~~5165.72,	97148
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	97149
deficiency or cluster of deficiencies is substantially corrected	97150
within twenty days after the nursing facility receives the	97151
statement provided under division (B) of section ~~5111.49~~5165.75	97152
of the Revised Code. The department or agency shall inform the	97153
nursing facility in that statement that the fine will not be	97154
imposed if the deficiency or cluster of deficiencies is	97155
substantially corrected within the twenty-day period.	97156

(2) If a nursing facility has substantially corrected a	97157
deficiency or cluster of deficiencies within six months after the	97158
exit interview of a survey that was the basis for citing a	97159
deficiency or cluster of deficiencies, but after correcting it has	97160
been cited for the same deficiency or cluster of deficiencies by	97161
the department of health on the basis of a subsequent survey	97162
conducted during the remainder of the six-month period, the	97163
department of ~~job and family services~~medicaid or contracting	97164
agency may impose a fine beginning on the date of the exit	97165
interview of the subsequent survey.	97166

(G) Whenever a facility believes that it has completed	97167
implementation of the plan of correction it submitted under	97168
section ~~5111.43~~5165.69 of the Revised Code and substantially	97169
corrected the cited deficiency or cluster of deficiencies that is	97170
the basis for a fine, it may give written notice to that effect to	97171
the department of health. After receiving the notice, the	97172
department shall conduct a follow-up survey of the facility that	97173
focuses on the deficiency or cluster, unless the department is	97174
able to determine, on the basis of documentation provided by the	97175
facility, that the facility has substantially corrected the	97176
deficiency or cluster. If, based on the follow-up survey, the	97177
department establishes that the facility had not completed	97178
implementation of the plan of correction at the time the	97179
department received the notice, any fine based on the deficiency	97180
or cluster shall be doubled effective from the date the department	97181
received the notice. A facility that complies with this division	97182
shall not be considered to have admitted the existence of the	97183
deficiency or cluster that is the basis for the fine.	97184

(H) Except for a fine imposed under division (C) of section	97185
~~5111.46~~5165.72 of the Revised Code and as provided in division	97186
(F)(2) of this section, the department of ~~job and family services~~	97187
medicaid or contracting agency shall impose a fine only if the	97188
facility fails to give notice under division (G) of this section	97189
within twenty days after it receives the statement required by	97190
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	97191
the department of health determines, based on a follow-up survey,	97192
that the deficiency or cluster of deficiencies for which the fine	97193
is proposed has not been substantially corrected within the	97194
twenty-day period. The fine shall be imposed effective on the	97195
twenty-first day after the facility receives the statement under	97196
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	97197
fine shall remain in effect until the earliest of the following:	97198

(1) The date the department of health receives notice under	97199
division (G) of this section, unless the department determines, on	97200
the basis of a follow-up survey, that the deficiency or cluster of	97201
deficiencies that is the basis for the fine has not been	97202
substantially corrected as of that date;	97203

(2) The date on which the department of health makes a	97204
determination, on the basis of a follow-up survey, that the	97205
deficiency or cluster of deficiencies has been substantially	97206
corrected;	97207

(3) The date the facility substantially corrected the	97208
deficiency or cluster, as subsequently determined by the	97209
department of health on the basis of documentation provided by the	97210
facility.	97211

(I) Any fine imposed by the department of ~~job and family~~	97212
~~services~~medicaid or contracting agency under this section is	97213
subject to appeal under Chapter 119. of the Revised Code. If the	97214
facility does not request a hearing under Chapter 119. of the	97215
Revised Code and either pays or agrees in writing to pay the fine	97216
when payment becomes due under division (J) of this section, the	97217
department or agency shall reduce the fine by fifty per cent. The	97218
department or agency may compromise any claim for payment of a	97219
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	97220
Revised Code.	97221

(J) The department of ~~job and family services~~medicaid or	97222
contracting agency shall collect interest on fines, at the rate	97223
per calendar month that equals one-twelfth of the rate per year	97224
prescribed by section 5703.47 of the Revised Code for the calendar	97225
year that includes the month for which the interest charge	97226
accrues. Payment of a fine is due, and interest begins to accrue	97227
on the unpaid fine or balance, on the thirty-first day after the	97228
department or agency issues a final adjudication order imposing	97229
the fine. If the deficiency or deficiencies on which the fine is	97230
based have not been corrected when the final adjudication order is	97231
issued, the payment is due, and interest begins to accrue on the	97232
unpaid fine or balance, on the thirty-first day after the	97233
deficiency or deficiencies are corrected and the department or	97234
agency mails a notice specifying the amount of the fine to the	97235
facility.	97236

(K) The department of ~~job and family services~~medicaid or	97237
contracting agency shall collect fines and interest imposed under	97238
this section through one of the following means:	97239

(1) A lump sum payment from the provider;

97240

(2) Periodic payments for a period not to exceed twelve	97241
months, in accordance with a schedule approved by the department	97242
or agency;	97243

(3) Appropriately reducing the amounts of medicaid payments	97244
made to the facility for ~~care~~nursing facility services provided	97245
to medicaid eligible residents for a period not to exceed twelve	97246
months following the date on which payment of the fine becomes due	97247
under division (J) of this section. An amount equal to the amount	97248
by which each payment is reduced shall be deposited to the credit	97249
of the residents protection fund in accordance with section	97250
~~5111.62~~5162.66 of the Revised Code.	97251

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	97252
~~services~~medicaid or a contracting agency shall issue an order	97253
denying ~~payment~~medicaid payments to a nursing facility for all	97254
medicaid eligible residents admitted to the facility on or after	97255
the effective date of the order, if the facility has failed to	97256
substantially correct within ninety days after the exit interview	97257
a deficiency or cluster of deficiencies in accordance with the	97258
plan of correction it submitted under section ~~5111.43~~5165.69 of	97259
the Revised Code, as determined by the department of health on the	97260
basis of a follow-up survey.	97261

(B) The department of ~~job and family services~~medicaid or	97262
contracting agency shall issue an order denying ~~payment~~medicaid	97263
payments to a nursing facility for all medicaid eligible residents	97264
admitted to the facility on or after the effective date of the	97265
order, if during three consecutive standard surveys conducted	97266
after December 13, 1990, the department of health has found a	97267
condition of substandard care in a facility.	97268

(C) An order issued under division (A) or (B) of this section	97269
shall take effect on the later of the date the facility receives	97270
the order or the date the public notice required under division	97271
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	97272
The order is subject to appeal under Chapter 119. of the Revised	97273
Code; however the order may take effect prior to or during the	97274
pendency of any hearing under that chapter. In that case, the	97275
department or agency shall provide the facility an opportunity for	97276
a hearing in accordance with section ~~5111.60~~5165.87 of the	97277
Revised Code.	97278

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	97279
department of ~~job and family services~~medicaid or a contracting	97280
agency, at any time during the six-month period following the exit	97281
interview of a survey that was the basis for citing a deficiency	97282
or deficiencies, that the deficiency or deficiencies have been	97283
substantially corrected in accordance with the plan of correction	97284
submitted and approved under section ~~5111.43~~5165.69 of the	97285
Revised Code, the department of health shall conduct a follow-up	97286
survey to determine whether the deficiency or deficiencies have	97287
been substantially corrected in accordance with the plan.	97288

(B) The department of ~~job and family services~~medicaid or a	97289
contracting agency shall terminate a nursing facility's	97290
participation in the ~~medical assistance~~medicaid program whenever	97291
the facility has not substantially corrected, within six months	97292
after the exit interview of the survey on the basis of which it	97293
was cited, a deficiency or deficiencies in accordance with the	97294
plan of correction submitted under section ~~5111.43~~5165.69 of the	97295
Revised Code, as determined by the department of health on the	97296
basis of a follow-up survey.	97297

(C) Unless the facility has substantially corrected the	97298
deficiency or deficiencies in accordance with the plan of	97299
correction, as determined by the department of health on the basis	97300
of a follow-up survey, the department of ~~job and family services~~	97301
medicaid or contracting agency shall deliver to the facility, at	97302
least thirty days prior to the day that is six months after the	97303
exit interview, a written order terminating the facility's	97304
participation in the ~~medical assistance~~medicaid program. The	97305
order shall take effect and the facility's participation shall	97306
terminate on the day that is six months after the exit interview.	97307
The order shall not take effect if, after it is delivered to the	97308
facility and prior to the effective date of the order, the	97309
department of health determines on the basis of a follow-up survey	97310
that the facility has corrected the deficiency or deficiencies.	97311

An order issued under this section is subject to appeal under	97312
Chapter 119. of the Revised Code; however, the order may take	97313
effect prior to or during the pendency of any hearing under that	97314
chapter. In that case, the department of ~~job and family services~~	97315
medicaid or contracting agency shall provide the facility an	97316
opportunity for a hearing in accordance with section ~~5111.60~~	97317
5165.87 of the Revised Code.	97318

(D) Except as provided in division (E) of this section,	97319
whenever the department of ~~job and family services~~medicaid or a	97320
contracting agency terminates a facility's participation in the	97321
~~medical assistance~~medicaid program pursuant to this section, the	97322
provider shall repay the department the federal share of all	97323
medicaid payments made by the department to the facility ~~under the~~	97324
~~medical assistance program~~ during the six-month period following	97325
the exit interview of the survey that was the basis for citing the	97326
deficiency or cluster of deficiencies. The provider shall repay	97327
the department within thirty days after the department repays to	97328
the federal government the federal share of medicaid payments made	97329
to the facility during that six-month period.	97330

(E) A provider is not required to repay the department of ~~job~~	97331
~~and family services~~medicaid if either of the following is the	97332
case:	97333

(1) The facility has brought an appeal under Chapter 119. of	97334
the Revised Code of termination of its participation in the	97335
~~medical assistance~~medicaid program, except that the provider	97336
shall repay the department of ~~job and family services~~medicaid	97337
within thirty days after the facility exhausts its right to appeal	97338
under that chapter.	97339

(2) The facility complied with the plan of correction	97340
approved by the department of health and the obligation to repay	97341
resulted from the department's failure to provide timely	97342
verification to the United States department of health and human	97343
services of the facility's compliance with the plan of correction.	97344

(F) If a provider's obligation to repay the department of ~~job~~	97345
~~and family services~~medicaid under division (D) of this section	97346
results from disallowance of federal financial participation by	97347
the United States department of health and human services, the	97348
provider shall not be required to repay the department of ~~job and~~	97349
~~family services~~medicaid until the federal disallowance becomes	97350
final.	97351

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	97352
5165.89 of the Revised Code during any period for which the	97353
facility is required to repay the department of ~~job and family~~	97354
~~services~~medicaid under division (D) of this section shall be	97355
offset against the amount the provider is required to repay the	97356
department for that period.	97357

(H) Prior to a change of ownership of a facility for which a	97358
provider has an obligation to repay the department of ~~job and~~	97359
~~family services~~medicaid under division (D) of this section that	97360
has not become final, or has become final but not been paid, the	97361
department may do one or more of the following:	97362

(1) Require the provider to place money in escrow, or obtain	97363
a bond, in sufficient amount to indemnify the state against the	97364
provider's failure to repay the department after the change of	97365
ownership occurs;	97366

(2) Place a lien on the facility's real property;

97367

(3) Use any method to recover the medicaid payments that is	97368
available to the attorney general to recover payments on behalf of	97369
the department of ~~job and family services~~medicaid.	97370

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	97371
~~services~~medicaid, the department of health, and any contracting	97372
agency shall deliver a written notice, statement, or order to a	97373
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	97374
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	97375
certified mail or hand delivery. If the notice, statement, or	97376
order is mailed, it shall be addressed to the administrator of the	97377
facility as indicated in the department's or agency's records. If	97378
it is hand delivered, it shall be delivered to a person at the	97379
facility who would appear to the average prudent person to have	97380
authority to accept it.	97381

Delivery of written notice by a nursing facility to the	97382
department of health, the department of ~~job and family services~~	97383
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	97384
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	97385
or hand delivery to the appropriate department or the agency.	97386

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	97387
of this section, the following remedies are subject to appeal	97388
under Chapter 119. of the Revised Code:	97389

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	97390
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	97391
terminating a nursing facility's participation in the ~~medical~~	97392
~~assistance~~medicaid program;	97393

(2) Appointment of a temporary manager of a facility under	97394
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	97395
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	97396

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	97397
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	97398
the Revised Code denying ~~payment~~medicaid payments to a facility	97399
~~under the medical assistance program~~ for all medicaid eligible	97400
residents admitted after the effective date of the order;	97401

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	97402
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	97403
medicaid payments to a facility ~~under the medical assistance~~	97404
~~program~~ for medicaid eligible residents admitted after the	97405
effective date of the order who have certain diagnoses or special	97406
care needs specified by the department or agency;	97407

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	97408
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	97409

(B) The department of ~~job and family services~~medicaid or	97410
contracting agency may do any of the following prior to or during	97411
the pendency of any proceeding under Chapter 119. of the Revised	97412
Code:	97413

(1) Issue and execute an order under section ~~5111.46~~5165.72,	97414
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	97415
terminating a nursing facility's participation in the ~~medical~~	97416
~~assistance~~medicaid program;	97417

(2) Appoint a temporary manager under division (A)(1)(b) or	97418
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	97419
~~5111.51~~5165.77 of the Revised Code;	97420

(3) Issue and execute an order under section ~~5111.46~~5165.72,	97421
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	97422
Revised Code denying ~~payment~~medicaid payments to a facility for	97423
all medicaid eligible residents admitted after the effective date	97424
of the order;	97425

(4) Issue and execute an order under section ~~5111.46~~5165.72	97426
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	97427
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	97428
payments to a facility for medicaid eligible residents admitted	97429
after the effective date of the order who have specified diagnoses	97430
or special care needs.	97431

(C) Whenever the department or agency imposes a remedy listed	97432
in division (B) of this section prior to or during the pendency of	97433
a proceeding, all of the following apply:	97434

(1) The provider against whom the action is taken shall have	97435
ten days after the date the facility actually receives the notice	97436
specified in section 119.07 of the Revised Code to request a	97437
hearing.	97438

(2) The hearing shall commence within thirty days after the	97439
date the department or agency receives the provider's request for	97440
a hearing.	97441

(3) The hearing shall continue uninterrupted from day to day,	97442
except for Saturdays, Sundays, and legal holidays, unless other	97443
interruptions are agreed to by the provider and the department or	97444
agency.	97445

(4) If the hearing is conducted by a hearing examiner, the	97446
hearing examiner shall file a report and recommendations within	97447
ten days after the close of the hearing.	97448

(5) The provider shall have five days after the date the	97449
hearing officer files the report and recommendations within which	97450
to file objections to the report and recommendations.	97451

(6) Not later than fifteen days after the date the hearing	97452
officer files the report and recommendations, the medicaid	97453
director ~~of job and family services~~ or the director of the	97454
contracting agency shall issue an order approving, modifying, or	97455
disapproving the report and recommendations of the hearing	97456
examiner.	97457

(D) If the department or agency imposes more than one remedy	97458
as the result of deficiencies cited in a single survey, the	97459
proceedings for all of the remedies shall be consolidated. If any	97460
of the remedies are imposed during the pendency of a hearing, as	97461
permitted by division (B) of this section, the consolidated	97462
hearing shall be conducted in accordance with division (C) of this	97463
section. The consolidation of the remedies for purposes of a	97464
hearing does not affect the effective dates prescribed in sections	97465
~~5111.35~~5165.60 to ~~5111.58~~5168.85 of the Revised Code.	97466

(E) If a contracting agency conducts administrative	97467
proceedings pertaining to remedies imposed under sections ~~5111.35~~	97468
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	97469
~~job and family services~~medicaid shall not be considered a party	97470
to the proceedings.	97471

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	97472
order, as necessary for the administration or enforcement of any	97473
statute relating to nursing facilities, or as provided in division	97474
(C) of this section, the department of ~~job and family services~~	97475
medicaid and any contracting agency shall not release any of the	97476
following information without the permission of the individual or	97477
the individual's legal representative:	97478

(a) The identity of any resident of a nursing facility;

97479

(b) The identity of any individual who submits a complaint	97480
about a nursing facility;	97481

(c) The identity of any individual who provides the	97482
department or agency with information about a nursing facility and	97483
has requested confidentiality;	97484

(d) Any information that reasonably would tend to disclose	97485
the identity of any individual described in division (A)(1)(a) to	97486
(c) of this section.	97487

(2) An agency or individual to whom the department or	97488
contracting agency is required, by court order or for the	97489
administration or enforcement of a statute relating to nursing	97490
facilities, to release information described in division (A)(1) of	97491
this section shall not release the information without the	97492
permission of the individual who would be or would reasonably tend	97493
to be identified, or of the individual's legal representative,	97494
unless the agency or individual is required to release it by	97495
division (C) of this section, by court order, or for the	97496
administration or enforcement of a statute relating to nursing	97497
facilities.	97498

(B) Except as provided in division (C) of this section, any	97499
record that identifies an individual described in division (A)(1)	97500
of this section or that reasonably would tend to identify such an	97501
individual is not a public record for the purposes of section	97502
149.43 of the Revised Code, and is not subject to inspection and	97503
copying under section 1347.08 of the Revised Code.	97504

(C) If the department or a contracting agency, or an agency	97505
or individual to whom the department or contracting agency was	97506
required by court order or for administration or enforcement of a	97507
statute relating to nursing facilities to release information	97508
described in division (A)(1) of this section, uses information in	97509
any administrative or judicial proceeding against a facility that	97510
reasonably would tend to identify an individual described in	97511
division (A)(1) of this section, the department, agency, or	97512
individual shall disclose that information to the facility.	97513
However, the department, agency, or individual shall not disclose	97514
information that directly identifies an individual described in	97515
divisions (A)(1)(a) to (c) of this section, unless the individual	97516
is to testify in the proceedings.	97517

(D) No person shall knowingly register a false complaint	97518
about a nursing facility with the department or a contracting	97519
agency, or knowingly swear or affirm the truth of a false	97520
complaint, when the allegation is made for the purpose of	97521
incriminating another.	97522

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	97523
~~"facility," "medicare," and "medicaid" have the same meanings as~~	97524
~~in section 3721.10 of the Revised Code.~~	97525

The department of health shall be the designee of the	97526
department of ~~job and family services~~medicaid for the purpose of	97527
conducting a hearing pursuant to section 3721.162 of the Revised	97528
Code concerning a nursing facility's decision to transfer or	97529
discharge a resident if the resident is a medicaid recipient or	97530
medicare beneficiary.	97531

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	97532
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	97533
5165.08 of the Revised Code shall be fined not less than five	97534
hundred dollars nor more than one thousand dollars for the first	97535
offense and not less than one thousand dollars nor more than five	97536
thousand dollars for each subsequent offense. Fines paid under	97537
this section shall be deposited in the state treasury to the	97538
credit of the general revenue fund.	97539

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	97540
of the Revised Code is guilty of registering a false complaint, a	97541
misdemeanor of the first degree.	97542

Sec. 5166.01. As used in this chapter:

97543

"Administrative agency" means, with respect to a home and	97544
community-based services medicaid waiver component, the department	97545
of medicaid or, if a state agency or political subdivision	97546
contracts with the department under section 5162.35 of the Revised	97547
Code to administer the component, that state agency or political	97548
subdivision.	97549

"Dual eligible individual" has the same meaning as in section	97550
5160.01 of the Revised Code.	97551

"Home and community-based services medicaid waiver component"	97552
means a medicaid waiver component under which home and	97553
community-based services are provided as an alternative to	97554
hospital services, nursing facility services, or ICF/MR services.	97555

"Hospital" has the same meaning as in section 3727.01 of the	97556
Revised Code.	97557

"Hospital long-term care unit" has the same meaning as in	97558
section 5168.40 of the Revised Code.	97559

"ICDS participant" means a dual eligible individual who	97560
participates in the integrated care delivery system.	97561

"ICF/MR" and "ICF/MR services" have the same meanings as in	97562
section 5124.01 of the Revised Code.	97563

"Integrated care delivery system" and "ICDS" mean the	97564
demonstration project authorized by section 5164.91 of the Revised	97565
Code.	97566

"Level of care determination" means a determination of	97567
whether an individual needs the level of care provided by a	97568
hospital, nursing facility, or ICF/MR and whether the individual,	97569
if determined to need that level of care, would receive hospital	97570
services, nursing facility services, or ICF/MR services if not for	97571
a home and community-based services medicaid waiver component.	97572

"Medicaid services" has the same meaning as in section	97573
5164.01 of the Revised Code.	97574

"Medicaid waiver component" means a component of the medicaid	97575
program authorized by a waiver granted by the United States	97576
department of health and human services under the "Social Security	97577
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	97578
waiver component" does not include a care management system	97579
established under section 5167.03 of the Revised Code.	97580

"Nursing facility" and "nursing facility services" have the	97581
same meanings as in section 5165.01 of the Revised Code.	97582

"Ohio home care waiver program" means the home and	97583
community-based services medicaid waiver component that is known	97584
as Ohio home care and was created pursuant to section 5166.11 of	97585
the Revised Code.	97586

"Ohio transitions II aging carve-out program" means the home	97587
and community-based services medicaid waiver component that is	97588
known as Ohio transitions II aging carve-out and was created	97589
pursuant to section 5166.11 of the Revised Code.	97590

"Provider agreement" has the same meaning as in section	97591
5164.01 of the Revised Code.	97592

"Residential treatment facility" means a residential facility	97593
licensed by the department of mental health and addiction services	97594
under section 5119.34 of the Revised Code, or an institution	97595
certified by the department of job and family services under	97596
section 5103.03 of the Revised Code, that serves children and	97597
either has more than sixteen beds or is part of a campus of	97598
multiple facilities or institutions that, combined, have a total	97599
of more than sixteen beds.	97600

"Skilled nursing facility" has the same meaning as in section	97601
5165.01 of the Revised Code.	97602

"Unified long-term services and support medicaid waiver	97603
component" means the medicaid waiver component authorized by	97604
section 5166.14 of the Revised Code.	97605

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	97606
~~sections 5111.851 to 5111.856 of the Revised Code:~~	97607

~~"Home and community-based services medicaid waiver component"~~	97608
~~means a medicaid waiver component under which home and~~	97609
~~community-based services are provided as an alternative to~~	97610
~~hospital, nursing facility, or intermediate care facility for the~~	97611
~~mentally retarded services.~~	97612

~~"Hospital" has the same meaning as in section 3727.01 of the~~	97613
~~Revised Code.~~	97614

~~"Intermediate care facility for the mentally retarded" has~~	97615
~~the same meaning as in section 5111.20 of the Revised Code.~~	97616

~~"Medicaid waiver component" means a component of the medicaid~~	97617
~~program authorized by a waiver granted by the United States~~	97618
~~department of health and human services under section 1115 or 1915~~	97619
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	97620
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	97621
~~management system established under section 5111.16 of the Revised~~	97622
~~Code.~~	97623

~~"Nursing facility" has the same meaning as in section 5111.20~~	97624
~~of the Revised Code.~~	97625

~~(B)~~ The medicaid director ~~of job and family services may~~	97626
shall adopt rules ~~under~~in accordance with Chapter 119. of the	97627
Revised Code governing medicaid waiver components ~~that~~. The rules	97628
may establish all of the following:	97629

(1) Eligibility requirements for the medicaid waiver	97630
components;	97631

(2) The type, amount, duration, and scope of medicaid	97632
services the medicaid waiver components ~~provide~~cover;	97633

(3) The conditions under which the medicaid waiver components	97634
cover medicaid services;	97635

(4) The ~~amount~~amounts the medicaid waiver components pay for	97636
medicaid services or the ~~method~~methods by which the ~~amount is~~	97637
amounts are determined;	97638

(5) The ~~manner~~manners in which the medicaid waiver	97639
components pay for medicaid services;	97640

(6) Safeguards for the health and welfare of medicaid	97641
recipients receiving medicaid services under a medicaid waiver	97642
component;	97643

(7) Procedures for prioritizing and approving for enrollment	97644
individuals who are eligible for a home and community-based	97645
services medicaid waiver component and choose to be enrolled in	97646
the component;	97647

(8) Procedures for enforcing the rules, including	97648
establishing corrective action plans for, and imposing financial	97649
and administrative sanctions on, persons and government entities	97650
that violate the rules. Sanctions shall include terminating	97651
~~medicaid~~ provider agreements. The procedures shall include due	97652
process protections.	97653

(9) Other policies necessary for the efficient administration	97654
of the medicaid waiver components.	97655

~~(C)~~(B) The director ~~of job and family services~~ may adopt	97656
different rules for the different medicaid waiver components. The	97657
rules shall be consistent with the terms of the waiver authorizing	97658
the medicaid waiver component.	97659

~~(D)~~(C) The following apply to procedures established under	97660
division ~~(B)~~(A)(7) of this section:	97661

(1) Any such procedures established for the medicaid-funded	97662
component of the PASSPORT program shall be consistent with section	97663
~~173.401~~173.521 of the Revised Code.	97664

(2) Any such procedures established for the medicaid-funded	97665
component of the assisted living program shall be consistent with	97666
section 173.542 of the Revised Code.	97667

(3) Any such procedures established for the Ohio home care	97668
waiver program shall be consistent with section ~~5111.862~~5166.121	97669
of the Revised Code.	97670

~~(3)~~(4) Any such procedures established for the unified	97671
long-term services and support medicaid waiver program shall be	97672
consistent with section ~~5111.865~~5166.141 of the Revised Code.	97673

~~(4) Any such procedures established for the medicaid-funded~~	97674
~~component of the assisted living program shall be consistent with~~	97675
~~section 5111.894 of the Revised Code.~~	97676

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	97677
~~services~~ may not submit a request to the United States secretary	97678
of health and human services for a medicaid waiver under ~~section~~	97679
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	97680
1315, unless the director provides the speaker of the house of	97681
representatives and president of the senate written notice of the	97682
director's intent to submit the request at least ten days before	97683
the date the director submits the request to the United States	97684
secretary. The notice shall include a detailed explanation of the	97685
medicaid waiver the director proposes to seek.	97686

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	97687
~~5111.855 of the Revised Code:~~	97688

~~"Administrative agency" means, with respect to a home and~~	97689
~~community-based services medicaid waiver component, the department~~	97690
of ~~job and family services~~ or, if a state agency or political	97691
subdivision contracts with the ~~department~~ under section 5111.91	97692
of the Revised Code to administer the component, that state agency	97693
or political subdivision.	97694

~~"Level of care determination" means a determination of~~	97695
~~whether an individual needs the level of care provided by a~~	97696
~~hospital, nursing facility, or intermediate care facility for the~~	97697
~~mentally retarded and whether the individual, if determined to~~	97698
~~need that level of care, would receive hospital, nursing facility,~~	97699
or ~~intermediate care facility for the mentally retarded~~ services	97700
if not for a home and community-based services medicaid waiver	97701
component.	97702

~~"Medicaid buy-in for workers with disabilities program" means~~	97703
~~the component of the medicaid program established under sections~~	97704
~~5111.70 to 5111.7011 of the Revised Code.~~	97705

~~"Skilled nursing facility" means a facility certified as a~~	97706
~~skilled nursing facility under Title XVIII of the "Social Security~~	97707
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	97708

~~(B)~~ The following requirements apply to each home and	97709
community-based services medicaid waiver component:	97710

~~(1)~~(A) Only an individual who qualifies for a component shall	97711
receive that component's medicaid services.	97712

~~(2)~~(B) A level of care determination shall be made as part of	97713
the process of determining whether an individual qualifies for a	97714
component and shall be made each year after the initial	97715
determination if, during such a subsequent year, the	97716
administrative agency determines there is a reasonable indication	97717
that the individual's needs have changed.	97718

~~(3)~~(C) A written plan of care or individual service plan	97719
based on an individual assessment of the medicaid services that an	97720
individual needs to avoid needing admission to a hospital, nursing	97721
facility, or ~~intermediate care facility for the mentally retarded~~	97722
ICF/MR shall be created for each individual determined eligible	97723
for a component.	97724

~~(4)~~(D) Each individual determined eligible for a component	97725
shall receive that component's medicaid services in accordance	97726
with the individual's level of care determination and written plan	97727
of care or individual service plan.	97728

~~(5)~~(E) No individual may receive medicaid services under a	97729
component while the individual is a hospital inpatient or resident	97730
of a skilled nursing facility, nursing facility, or ~~intermediate~~	97731
~~care facility for the mentally retarded~~ICF/MR.	97732

~~(6)~~(F) No individual may receive prevocational, educational,	97733
or supported employment services under a component if the	97734
individual is eligible for such services that are funded with	97735
federal funds provided under 29 U.S.C. 730 or the "Individuals	97736
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	97737
1400, as amended.	97738

~~(7)~~(G) Safeguards shall be taken to protect the health and	97739
welfare of individuals receiving medicaid services under a	97740
component, including safeguards established in rules adopted under	97741
section ~~5111.85~~5166.02 of the Revised Code and safeguards	97742
established by licensing and certification requirements that are	97743
applicable to the providers of that component's medicaid services.	97744

~~(8)~~(H) No medicaid services may be provided under a component	97745
by a provider that is subject to standards that the "Social	97746
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	97747
be established if the provider fails to comply with the standards	97748
applicable to the provider.	97749

~~(9)~~(I) Individuals determined to be eligible for a component,	97750
or such individuals' representatives, shall be informed of that	97751
component's medicaid services, including any choices that the	97752
individual or representative may make regarding the component's	97753
medicaid services, and given the choice of either receiving	97754
medicaid services under that component or, as appropriate,	97755
hospital services, nursing facility services, or ~~intermediate care~~	97756
~~facility for the mentally retarded~~ICF/MR services.	97757

~~(10) No individual shall lose eligibility for services under~~	97758
~~a component, or have the services reduced or otherwise disrupted,~~	97759
~~on the basis that the individual also receives services under the~~	97760
~~medicaid buy-in for workers with disabilities program.~~	97761

~~(11) No individual shall lose eligibility for services under~~	97762
~~a component, or have the services reduced or otherwise disrupted,~~	97763
~~on the basis that the individual's income or resources increase to~~	97764
~~an amount above the eligibility limit for the component if the~~	97765
~~individual is participating in the medicaid buy-in for workers~~	97766
~~with disabilities program and the amount of the individual's~~	97767
~~income or resources does not exceed the eligibility limit for the~~	97768
~~medicaid buy-in for workers with disabilities program.~~	97769

~~(12) No individual receiving services under a component shall~~	97770
~~be required to pay any cost sharing expenses for the services for~~	97771
~~any period during which the individual also participates in the~~	97772
~~medicaid buy-in for workers with disabilities program.~~	97773

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	97774
~~services~~medicaid may review and approve, modify, or deny written	97775
plans of care and individual service plans that section ~~5111.851~~	97776
5166.04 of the Revised Code requires be created for individuals	97777
determined eligible for a home and community-based services	97778
medicaid waiver component. If a state agency or political	97779
subdivision contracts with the department under section ~~5111.91~~	97780
5162.35 of the Revised Code to administer a home and	97781
community-based services medicaid waiver component and approves,	97782
modifies, or denies a written plan of care or individual service	97783
plan pursuant to the agency's or subdivision's administration of	97784
the component, the department may review the agency's or	97785
subdivision's approval, modification, or denial and order the	97786
agency or subdivision to reverse or modify the approval,	97787
modification, or denial. The state agency or political subdivision	97788
shall comply with the department's order.	97789

The department of ~~job and family services~~medicaid shall be	97790
granted full and immediate access to any records the department	97791
needs to implement its duties under this section.	97792

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	97793
maintain, for a period of time the department of ~~job and family~~	97794
~~services~~medicaid shall specify, financial records documenting	97795
the costs of medicaid services provided under the home and	97796
community-based services medicaid waiver components that the	97797
agency administers, including records of independent audits. The	97798
administrative agency shall make the financial records available	97799
on request to the United States secretary of health and human	97800
services, United States comptroller general, and their designees.	97801

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	97802
financially accountable for funds expended for medicaid services	97803
~~provided under~~covered by the home and community-based services	97804
medicaid waiver components that the agency administers.	97805

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	97806
subdivision that enters into a contract with the department of ~~job~~	97807
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	97808
Revised Code to administer a home and community-based services	97809
medicaid waiver component, or one or more aspects of such a	97810
component, shall provide the department a written assurance that	97811
the agency or subdivision will not violate any of the requirements	97812
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	97813
Code.	97814

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	97815
efficient and economical administration of medicaid waiver	97816
components, the department of ~~job and family services~~medicaid may	97817
transfer an individual enrolled in a medicaid waiver component	97818
administered by the department to another medicaid waiver	97819
component the department administers if the individual is eligible	97820
for the medicaid waiver component and the transfer does not	97821
jeopardize the individual's health or safety.	97822

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

97823

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	97824
~~the Revised Code.~~	97825

~~(2) "Medicaid waiver component" has the same meaning as in~~	97826
~~section 5111.85 of the Revised Code.~~	97827

~~(3) "Nursing facility" has the same meaning as in section~~	97828
~~5111.20 of the Revised Code.~~	97829

~~(4)~~, "Ohio home care program" means the program the	97830
department of ~~job and family services~~medicaid administers that	97831
provides state plan services and medicaid waiver component	97832
services pursuant to rules adopted ~~under sections 5111.01 and~~	97833
~~5111.02 of the Revised Code~~for the medicaid program and a	97834
medicaid waiver that went into effect July 1, 1998.	97835

(B) The ~~director~~department of ~~job and family services~~	97836
medicaid may ~~submit requests to the United States secretary of~~	97837
~~health and human services pursuant to section 1915 of the "Social~~	97838
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	97839
~~to obtain waivers of federal medicaid requirements that would~~	97840
~~otherwise be violated in the creation and implementation of~~create	97841
and administer two or more medicaid waiver components under which	97842
home and community-based services are provided to eligible	97843
individuals who need the level of care provided by a nursing	97844
facility or hospital. In administering the ~~requests~~medicaid	97845
waiver components, the ~~director~~department may specify the	97846
following:	97847

(1) The maximum number of individuals who may be enrolled in	97848
each of the medicaid waiver components ~~included in the requests~~;	97849

(2) The maximum amount the medicaid program may expend each	97850
year for each individual enrolled in the medicaid waiver	97851
components;	97852

(3) The maximum amount the medicaid program may expend each	97853
year for all individuals enrolled in the medicaid waiver	97854
components;	97855

(4) Any other requirements the ~~director~~department selects	97856
for the medicaid waiver components.	97857

(C) ~~If the secretary approves the medicaid waivers requested~~	97858
~~under this section, the director may create and implement the~~	97859
~~medicaid waiver components in accordance with the provisions of~~	97860
~~the approved waivers. The department of job and family services~~	97861
~~shall administer the medicaid waiver components.~~	97862

(D) After the first of any of the medicaid waiver components	97863
~~created~~that the department administers under this section begins	97864
to enroll eligible individuals, the ~~director~~department may	97865
~~submit to the United States secretary of health and human services~~	97866
~~an amendment to a medicaid waiver component of the Ohio home care~~	97867
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	97868
additional individuals in ~~that~~a medicaid waiver component of the	97869
Ohio home care program. ~~If the secretary approves the amendment,~~	97870
~~the director may cease to enroll additional individuals in that~~	97871
~~medicaid waiver component of the Ohio home care program.~~	97872

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

97873

~~"Medicaid waiver component" has the same meaning as in~~	97874
~~section 5111.85 of the Revised Code.~~	97875

~~"Unified long-term services and support medicaid waiver~~	97876
~~component" means the medicaid waiver component authorized by~~	97877
~~section 5111.864 of the Revised Code.~~	97878

~~(B) Subject to division (C) of this section, there is hereby~~	97879
~~created the Ohio home care program. The program shall provide home~~	97880
~~and community-based services. The department of job and family~~	97881
~~services medicaid shall administer the program.~~	97882

~~(C)~~ If the unified long-term services and support medicaid	97883
waiver component is created, the departments of aging and ~~job and~~	97884
~~family services~~medicaid shall ~~work together~~collaborate to	97885
determine whether the Ohio home care waiver program should	97886
continue to operate as a separate medicaid waiver component or be	97887
terminated. If the departments determine that the Ohio home care	97888
waiver program should be terminated, the program shall cease to	97889
exist on a date the departments shall specify.	97890

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

97891

~~"Hospital long-term care unit" has the same meaning as in~~	97892
~~section 3721.50 of the Revised Code.~~	97893

~~"Nursing facility" has the same meaning as in section 5111.20~~	97894
~~of the Revised Code.~~	97895

~~"Ohio home care program" means the medicaid waiver component~~	97896
~~created under section 5111.861 of the Revised Code.~~	97897

~~"Residential treatment facility" means a residential facility~~	97898
~~licensed by the department of mental health under section 5119.22~~	97899
~~of the Revised Code, or an institution certified by the department~~	97900
~~of job and family services under section 5103.03 of the Revised~~	97901
~~Code, that serves children and either has more than sixteen beds~~	97902
~~or is part of a campus of multiple facilities or institutions~~	97903
~~that, combined, have a total of more than sixteen beds.~~	97904

~~(B) Subject to division (C) of~~Unless the Ohio home care	97905
waiver program is terminated pursuant to section ~~5111.861~~5165.12	97906
of the Revised Code, the department of ~~job and family services~~	97907
medicaid shall establish a home first component for the Ohio home	97908
care waiver program. An individual is eligible for the Ohio home	97909
care waiver program's home first component if the individual has	97910
been determined to be eligible for the Ohio home care waiver	97911
program and at least one of the following applies:	97912

(1) If the individual is under twenty-one years of age, the	97913
individual received inpatient hospital services for at least	97914
fourteen consecutive days, or had at least three inpatient	97915
hospital stays during the twelve months, immediately preceding the	97916
date the individual applies for the Ohio home care waiver program.	97917

(2) If the individual is at least twenty-one but less than	97918
sixty years of age, the individual received inpatient hospital	97919
services for at least fourteen consecutive days immediately	97920
preceding the date the individual applies for the Ohio home care	97921
waiver program.	97922

(3) The individual received private duty nursing services	97923
under the medicaid program for at least twelve consecutive months	97924
immediately preceding the date the individual applies for the Ohio	97925
home care waiver program.	97926

(4) The individual does not reside in a nursing facility or	97927
hospital long-term care unit at the time the individual applies	97928
for the Ohio home care waiver program but is at risk of imminent	97929
admission to a nursing facility or hospital long-term care unit	97930
due to a documented loss of a primary caregiver.	97931

(5) The individual resides in a nursing facility at the time	97932
the individual applies for the Ohio home care waiver program.	97933

(6) At the time the individual applies for the Ohio home care	97934
waiver program, the individual participates in the money follows	97935
the person demonstration project authorized by section 6071 of the	97936
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	97937
and either resides in a residential treatment facility or	97938
inpatient hospital setting.	97939

~~(C)~~(B) An individual determined to be eligible for the home	97940
first component of the Ohio home care waiver program shall be	97941
enrolled in the ~~Ohio home care~~ program in accordance with rules	97942
adopted under section ~~5111.85~~5166.02 of the Revised Code.	97943

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

97944

~~"Medicaid waiver component" has the same meaning as in~~	97945
~~section 5111.85 of the Revised Code.~~	97946

~~"Unified long-term services and support medicaid waiver~~	97947
~~component" means the medicaid waiver component authorized by~~	97948
~~section 5111.864 of the Revised Code.~~	97949

~~(B) Subject to division (C) of this section, there is hereby~~	97950
~~created the Ohio transitions II aging carve-out program. The~~	97951
~~program shall provide home and community-based services. The~~	97952
~~department of job and family services shall administer the~~	97953
~~program.~~	97954

~~(C)~~ If the unified long-term services and support medicaid	97955
waiver component is created, the departments of aging and ~~job and~~	97956
~~family services~~medicaid shall ~~work together~~collaborate to	97957
determine whether the Ohio transitions II aging carve-out program	97958
should continue to operate as a separate medicaid waiver component	97959
or be terminated. If the departments determine that the Ohio	97960
transitions II aging carve-out program should be terminated, the	97961
program shall cease to exist on a date the departments shall	97962
specify.	97963

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

97964

~~"Medicaid waiver component" has the same meaning as in~~	97965
~~section 5111.85 of the Revised Code.~~	97966

~~"Nursing facility" has the same meaning as in section 5111.20~~	97967
~~of the Revised Code.~~	97968

~~(B)~~ The ~~director~~department of ~~job and family services~~	97969
medicaid shall ~~submit a request to the United States secretary of~~	97970
~~health and human services pursuant to section 1915n of the "Social~~	97971
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	97972
~~to obtain approval to~~ create a unified long-term services and	97973
support medicaid waiver component to provide home and	97974
community-based services to eligible individuals of any age who	97975
require the level of care provided by nursing facilities. The	97976
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	97977
collaborate with the ~~director~~department of aging in ~~seeking~~	97978
~~approval of the unified long-term services and support medicaid~~	97979
~~waiver component and, if the approval is obtained, in~~ creating and	97980
implementing the component.	97981

~~If the request to create the unified long-term services and~~	97982
~~support medicaid waiver component is approved, the~~The medicaid	97983
director ~~of job and family services, working~~shall collaborate	97984
with the director of aging~~, shall adopt~~when adopting rules under	97985
section ~~5111.85~~5166.02 of the Revised Code to implement the	97986
component. ~~The rules may authorize the director of aging to adopt~~	97987
~~rules in accordance with Chapter 119. of the Revised Code~~	97988
~~governing aspects of the unified long-term services and support~~	97989
~~medicaid waiver component.~~	97990

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	97991
~~"unified long-term services and support medicaid waiver program"~~	97992
~~or "program" means the medicaid waiver component authorized by~~	97993
~~section 5111.864 of the Revised Code.~~	97994

~~(B) If the United States secretary of health and human~~	97995
~~services approves the request submitted under section 5111.864 of~~	97996
~~the Revised Code to create the unified long-term services and~~	97997
~~support medicaid waiver program, the~~The department of ~~job and~~	97998
~~family services~~medicaid shall establish a home first component	97999
for the unified long-term services and support medicaid waiver	98000
program. The home first component shall be similar to the home	98001
first component of the medicaid-funded component of the PASSPORT	98002
program established under section ~~173.401~~173.521 of the Revised	98003
Code, ~~the home first component of the Ohio home care program~~	98004
~~established under section 5111.862 of the Revised Code, and~~ the	98005
home first component of the medicaid-funded component of the	98006
assisted living program established under section ~~5111.894~~173.542	98007
of the Revised Code, and the home first component of the Ohio home	98008
care waiver program established under section 5166.121 of the	98009
Revised Code.	98010

Sec. 5166.16. (A) As used in this section, "ODA or MCD	98011
medicaid waiver component" means all of the following:	98012

(1) The medicaid-funded component of the PASSPORT program,	98013
unless it is terminated pursuant to division (C) of section 173.52	98014
of the Revised Code;	98015

(2) The choices program, unless it is terminated pursuant to	98016
division (B) of section 173.53 of the Revised Code;	98017

(3) The medicaid-funded component of the assisted living	98018
program, unless it is terminated pursuant to division (C) of	98019
section 173.54 of the Revised Code;	98020

(4) The Ohio home care waiver program, unless it is	98021
terminated pursuant to section 5166.12 of the Revised Code;	98022

(5) The Ohio transitions II aging carve-out program, unless	98023
it is terminated pursuant to section 5166.13 of the Revised Code.	98024

(B) The medicaid director may create a home and	98025
community-based services medicaid waiver component as part of the	98026
integrated care delivery system. If the ICDS medicaid waiver	98027
component is created, both of the following apply:	98028

(1) The department of medicaid shall administer it;

98029

(2) When it begins to accept enrollments, no ICDS participant	98030
who is eligible for the ICDS medicaid waiver component shall be	98031
enrolled in an ODA or MCD medicaid waiver component regardless of	98032
whether the participant prefers to remain or be enrolled in an ODA	98033
or MCD medicaid waiver component.	98034

(C) A dual eligible individual who is eligible for an ODA or	98035
MCD medicaid waiver component may enroll in the component before	98036
the individual becomes an ICDS participant. The dual eligible	98037
individual shall disenroll from the ODA or MCD medicaid waiver	98038
component and enroll in the ICDS medicaid waiver component once	98039
the individual becomes an ICDS participant and it is possible to	98040
enroll the individual in the ICDS medicaid waiver component. The	98041
disenrollment from the ODA or MCD medicaid waiver component and	98042
enrollment into the ICDS medicaid waiver component shall occur	98043
regardless of whether the individual prefers to remain enrolled in	98044
the ODA or MCD medicaid waiver component.	98045

(D) An ICDS participant's disenrollment from an ODA or MCD	98046
medicaid waiver component and enrollment in the ICDS medicaid	98047
waiver component resulting from division (B)(2) or (C) of this	98048
section shall be accomplished without a disruption in the	98049
participant's services under the components.	98050

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	98051
~~5111.871 of the Revised Code:~~	98052

~~(1) "Intermediate care facility for the mentally retarded"~~	98053
~~has the same meaning as in section 5111.20 of the Revised Code.~~	98054

~~(2) "Medicaid waiver component" has the same meaning as in~~	98055
~~section 5111.85 of the Revised Code.~~	98056

~~(B)~~ The ~~director~~department of ~~job and family services~~	98057
medicaid may ~~apply to the United States secretary of health and~~	98058
~~human services for both of~~create the following:	98059

(1) One or more medicaid waiver components under which home	98060
and community-based services are provided to individuals with	98061
mental retardation or other developmental disability as an	98062
alternative to placement in ~~an intermediate care facility for the~~	98063
~~mentally retarded~~ICFs/MR;	98064

(2) One or more medicaid waiver components under which home	98065
and community-based services are provided in the form of any of	98066
the following:	98067

(a) Early intervention and supportive services for children	98068
under three years of age who have developmental delays or	98069
disabilities the ~~director~~department determines are significant;	98070

(b) Therapeutic services for children who have autism;

98071

(c) Specialized habilitative services for individuals who are	98072
eighteen years of age or older and have autism.	98073

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	98074
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	98075
provide services that are available under another medicaid waiver	98076
component. No medicaid waiver component ~~authorized by~~created	98077
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	98078
services to an individual that the individual is eligible to	98079
receive through an individualized education program as defined in	98080
section 3323.01 of the Revised Code.	98081

~~(D)~~(C) The director of developmental disabilities orand	98082
director of health may request that the ~~director~~department of ~~job~~	98083
~~and family services apply for~~medicaid create one or more medicaid	98084
~~waivers~~waiver components under this section.	98085

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	98086
component under this section, the ~~director~~department of ~~job and~~	98087
~~family services~~medicaid shall seek, accept, and consider public	98088
comments.	98089

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	98090
~~services~~medicaid shall enter into a contract with the department	98091
of developmental disabilities under section ~~5111.91~~5162.35 of the	98092
Revised Code with regard to one or more of the medicaid waiver	98093
components ~~established~~created by the department of ~~job and~~	98094
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	98095
Revised Code. ~~Subject, if needed, to the approval of the United~~	98096
~~States secretary of health and human services, the~~The contract	98097
shall include the medicaid waiver component known as the	98098
transitions developmental disabilities waiver. The contract shall	98099
provide for the department of developmental disabilities to	98100
administer the components in accordance with the terms of the	98101
federal medicaid waivers authorizing the components. The contract	98102
shall include a schedule for the department of developmental	98103
disabilities to begin administering the transitions developmental	98104
disabilities waiver. ~~The directors of job and family services and~~	98105
~~developmental disabilities shall adopt rules in accordance with~~	98106
~~Chapter 119. of the Revised Code governing the components.~~	98107

If the department of developmental disabilities or the	98108
department of ~~job and family services~~medicaid denies an	98109
individual's application for home and community-based services	98110
provided under any of these medicaid components, the department	98111
that denied the services shall give timely notice to the	98112
individual that the individual may ~~request a hearing under~~appeal	98113
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	98114

The departments of developmental disabilities and ~~job and~~	98115
~~family services~~medicaid may approve, reduce, deny, or terminate a	98116
medicaid service included in the individualized service plan	98117
developed for a medicaid recipient eligible for home and	98118
community-based services provided under any of these medicaid	98119
components. The departments shall consider the recommendations a	98120
county board of developmental disabilities makes under division	98121
(A)(1)(c) of section 5126.055 of the Revised Code. If either	98122
department approves, reduces, denies, or terminates a medicaid	98123
service, that department shall give timely notice to the medicaid	98124
recipient that the recipient may ~~request a hearing under~~appeal	98125
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	98126

If supported living, as defined in section 5126.01 of the	98127
Revised Code, is to be provided as a medicaid service under any of	98128
these components, any person or government entity with a current,	98129
valid ~~medicaid~~ provider agreement and a current, valid	98130
certificate under section 5123.161 of the Revised Code may provide	98131
the medicaid service.	98132

If a medicaid service is to be provided under any of these	98133
components by a residential facility, as defined in section	98134
5123.19 of the Revised Code, any person or government entity with	98135
a current, valid ~~medicaid~~ provider agreement and a current, valid	98136
license under section 5123.19 of the Revised Code may provide the	98137
medicaid service.	98138

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	98139
section, when the department of developmental disabilities	98140
allocates enrollment numbers to a county board of developmental	98141
disabilities for home and community-based services specified in	98142
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	98143
and provided under any of the medicaid waiver components that the	98144
department administers under section ~~5111.871~~5166.21 of the	98145
Revised Code, the department shall consider all of the following:	98146

(1) The number of individuals with mental retardation or	98147
other developmental disability who are on a waiting list the	98148
county board establishes under section 5126.042 of the Revised	98149
Code for those services and are given priority on the waiting	98150
list;	98151

(2) The implementation component required by division (A)(3)	98152
of section 5126.054 of the Revised Code of the county board's plan	98153
approved under section 5123.046 of the Revised Code;	98154

(3) Anything else the department considers necessary to	98155
enable county boards to provide those services to individuals in	98156
accordance with the priority requirements for waiting lists	98157
established under section 5126.042 of the Revised Code for those	98158
services.	98159

(B) Division (A) of this section applies to home and	98160
community-based services provided under the medicaid waiver	98161
component known as the transitions developmental disabilities	98162
waiver only to the extent, if any, provided by the contract	98163
required by section ~~5111.871~~5166.21 of the Revised Code regarding	98164
the ~~waiver~~component.	98165

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	98166
section, the medicaid director ~~of job and family services~~ shall	98167
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	98168
of the Revised Code establishing the ~~amount of reimbursement~~	98169
payment amounts or the methods by which the payment amounts of	98170
~~reimbursement~~ are to be determined for home and community-based	98171
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	98172
5166.20 of the Revised Code and provided under the components of	98173
the medicaid program that the department of developmental	98174
disabilities administers under section ~~5111.871~~5166.21 of the	98175
Revised Code. With respect to these rules, all of the following	98176
apply:	98177

(1) The rules shall establish procedures for the department	98178
of developmental disabilities to follow in arranging for the	98179
initial and ongoing collection of cost information from a	98180
comprehensive, statistically valid sample of persons and	98181
government entities providing the services at the time the	98182
information is obtained.	98183

(2) The rules shall establish procedures for the collection	98184
of consumer-specific information through an assessment instrument	98185
the department of developmental disabilities shall provide to the	98186
department of ~~job and family services~~medicaid.	98187

(3) With the information collected pursuant to divisions	98188
(A)(1) and (2) of this section, an analysis of that information,	98189
and other information the director determines relevant, the rules	98190
shall establish ~~reimbursement~~payment standards that do all of the	98191
following:	98192

(a) Assure that ~~reimbursement is~~payment amounts are	98193
consistent with efficiency, economy, and quality of care;	98194

(b) Consider the intensity of consumer resource need;

98195

(c) Recognize variations in different geographic areas	98196
regarding the resources necessary to assure the health and welfare	98197
of consumers;	98198

(d) Recognize variations in environmental supports available	98199
to consumers.	98200

(B) As part of the process of adopting rules ~~under~~authorized	98201
by this section, the director shall consult with the director of	98202
developmental disabilities, representatives of county boards of	98203
developmental disabilities, persons who provide the home and	98204
community-based services, and other persons and government	98205
entities the director identifies.	98206

(C) The ~~directors of job and family services~~medicaid	98207
director and director of developmental disabilities shall review	98208
the rules ~~adopted under~~authorized by this section at times they	98209
determine are necessary to ensure that the ~~amount of reimbursement~~	98210
payment amounts or the methods by which the payment amounts of	98211
~~reimbursement~~ are to be determined continue to meet the	98212
~~reimbursement~~payment standards established under division (A)(3)	98213
of this section.	98214

(D) This section applies to home and community-based services	98215
provided under the medicaid waiver component known as the	98216
transitions developmental disabilities waiver only to the extent,	98217
if any, provided by the contract required by section ~~5111.871~~	98218
5166.21 of the Revised Code regarding the ~~waiver~~component.	98219

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	98220
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	98221

(1) "Adult" means an individual at least eighteen years of	98222
age.	98223

(2) "Appropriate director" means the following:

98224

(a) The medicaid director in the context of all of the	98225
following:	98226

(i) The Ohio home care waiver program, unless it is	98227
terminated pursuant to section 5166.12 of the Revised Code;	98228

(ii) The Ohio transitions II aging carve-out program, unless	98229
it is terminated pursuant to section 5166.13 of the Revised Code;	98230

(iii) The integrated care delivery system medicaid waiver	98231
component authorized by section 5166.16 of the Revised Code.	98232

(b) The director of aging in the context of the	98233
medicaid-funded component of the PASSPORT program, unless it is	98234
terminated pursuant to division (C) of section 173.52 of the	98235
Revised Code.	98236

(3) "Authorized representative" means the following:

98237

(a) In the case of a consumer who is a minor, the consumer's	98238
parent, custodian, or guardian;	98239

(b) In the case of a consumer who is an adult, an individual	98240
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	98241
of the Revised Code to act on the consumer's behalf for purposes	98242
regarding home care attendant services.	98243

~~(3)~~(4) "Authorizing health care professional" means a health	98244
care professional who, pursuant to section ~~5111.887~~5166.307 of	98245
the Revised Code, authorizes a home care attendant to assist a	98246
consumer with self-administration of medication, nursing tasks, or	98247
both.	98248

~~(4)~~(5) "Consumer" means an individual to whom all of the	98249
following apply:	98250

(a) The individual is enrolled in a participating medicaid	98251
waiver component.	98252

(b) The individual has a medically determinable physical	98253
impairment to which both of the following apply:	98254

(i) It is expected to last for a continuous period of not	98255
less than twelve months.	98256

(ii) It causes the individual to require assistance with	98257
activities of daily living, self-care, and mobility, including	98258
either assistance with self-administration of medication or the	98259
performance of nursing tasks, or both.	98260

(c) In the case of an individual who is an adult, the	98261
individual is mentally alert and is, or has an authorized	98262
representative who is, capable of selecting, directing the actions	98263
of, and dismissing a home care attendant.	98264

(d) In the case of an individual who is a minor, the	98265
individual has an authorized representative who is capable of	98266
selecting, directing the actions of, and dismissing a home care	98267
attendant.	98268

~~(5)~~(6) "Controlled substance" has the same meaning as in	98269
section 3719.01 of the Revised Code.	98270

~~(6)~~(7) "Custodian" has the same meaning as in section	98271
2151.011 of the Revised Code.	98272

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	98273
catheter that terminates in the stomach.	98274

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	98275
of the Revised Code.	98276

~~(9)~~(10) "Health care professional" means a physician or	98277
registered nurse.	98278

~~(10)~~(11) "Home care attendant" means an individual holding a	98279
valid ~~medicaid~~ provider agreement in accordance with section	98280
~~5111.881~~5166.301 of the Revised Code that authorizes the	98281
individual to provide home care attendant services to consumers.	98282

~~(11)~~(12) "Home care attendant services" means all of the	98283
following as provided by a home care attendant:	98284

(a) Personal care aide services;

98285

(b) Assistance with the self-administration of medication;

98286

98287

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	98288
catheter that terminates in the jejunum.	98289

~~(13) "Medicaid waiver component" has the same meaning as in~~	98290
~~section 5111.85 of the Revised Code.~~	98291

(14) "Medication" means a drug as defined in section 4729.01	98292
of the Revised Code.	98293

(15) "Minor" means an individual under eighteen years of age.

98294

(16) "Participating medicaid waiver component" means ~~both~~	98295
all of the following:	98296

(a) The medicaid-funded component of the PASSPORT program,	98297
unless it is terminated pursuant to division (C) of section 173.52	98298
of the Revised Code;	98299

(b) The Ohio home care waiver program ~~created under~~, unless	98300
it is terminated pursuant to section ~~5111.861~~5166.12 of the	98301
Revised Code;	98302

~~(b)~~(c) The Ohio transitions II aging carve-out program	98303
~~created under~~, unless it is terminated pursuant to section	98304
~~5111.863~~5166.13 of the Revised Code;	98305

(d) The integrated care delivery system medicaid waiver	98306
component authorized by section 5166.16 of the Revised Code.	98307

(17) "Physician" means an individual authorized under Chapter	98308
4731. of the Revised Code to practice medicine and surgery or	98309
osteopathic medicine and surgery.	98310

(18) "Practice of nursing as a registered nurse," "practice	98311
of nursing as a licensed practical nurse," and "registered nurse"	98312
have the same meanings as in section 4723.01 of the Revised Code.	98313
"Registered nurse" includes an advanced practice registered nurse,	98314
as defined in section 4723.01 of the Revised Code.	98315

(19) "Schedule II," "schedule III," "schedule IV," and	98316
"schedule V" have the same meanings as in section 3719.01 of the	98317
Revised Code.	98318

(B) ~~The director of job and family services may submit~~	98319
~~requests to the United States secretary of health and human~~	98320
~~services to amend the federal medicaid waivers authorizing the~~	98321
~~participating~~Participating medicaid waiver components ~~to have~~	98322
~~those components~~may cover home care attendant services in	98323
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	98324
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	98325
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	98326
~~5111.8811 of the Revised Code, those sections shall be implemented~~	98327
~~regarding a participating medicaid waiver component only if the~~	98328
~~secretary approves a waiver amendment for the component.~~	98329

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	98330
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	98331
with an individual to authorize the individual to provide home	98332
care attendant services to consumers if the individual does both	98333
of the following:	98334

(A) Agrees to comply with the requirements of sections	98335
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	98336
section ~~5111.8811~~5166.02 of the Revised Code;	98337

(B) Provides the director evidence satisfactory to the	98338
director of all of the following:	98339

(1) That the individual either meets the personnel	98340
qualifications specified in 42 C.F.R. 484.4 for home health aides	98341
or has successfully completed at least one of the following:	98342

(a) A competency evaluation program or training and	98343
competency evaluation program approved or conducted by the	98344
director of health under section 3721.31 of the Revised Code;	98345

(b) A training program approved by the ~~department of job and~~	98346
~~family services~~appropriate director that includes training in at	98347
least all of the following and provides training equivalent to a	98348
training and competency evaluation program specified in division	98349
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	98350
484.36(a):	98351

(i) Basic home safety;

98352

(ii) Universal precautions for the prevention of disease	98353
transmission, including hand-washing and proper disposal of bodily	98354
waste and medical instruments that are sharp or may produce sharp	98355
pieces if broken;	98356

(iii) Personal care aide services;

98357

(iv) The labeling, counting, and storage requirements for	98358
schedule II, III, IV, and V medications.	98359

(2) That the individual has obtained a certificate of	98360
completion of a course in first aid from a first aid course to	98361
which all of the following apply:	98362

(a) It is not provided solely through the internet.

98363

(b) It includes hands-on training provided by a first aid	98364
instructor who is qualified to provide such training according to	98365
standards set in rules adopted under section ~~5111.8811~~5166.02 of	98366
the Revised Code.	98367

(c) It requires the individual to demonstrate successfully	98368
that the individual has learned the first aid taught in the	98369
course.	98370

(3) That the individual meets any other requirements for the	98371
medicaid provider agreement specified in rules adopted under	98372
section ~~5111.8811~~5166.02 of the Revised Code.	98373

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	98374
not less than twelve hours of in-service continuing education	98375
regarding home care attendant services each year and provide the	98376
appropriate director ~~of job and family services~~ evidence	98377
satisfactory to the appropriate director that the attendant	98378
satisfied this requirement. The evidence shall be submitted to the	98379
appropriate director not later than the annual anniversary of the	98380
issuance of the home care attendant's initial ~~medicaid~~ provider	98381
agreement.	98382

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	98383
of the following:	98384

(A) Maintain a clinical record for each consumer to whom the	98385
attendant provides home care attendant services in a manner that	98386
protects the consumer's privacy;	98387

(B) Participate in a face-to-face visit every ninety days	98388
with all of the following to monitor the health and welfare of	98389
each of the consumers to whom the attendant provides home care	98390
attendant services:	98391

(1) The consumer;

98392

(2) The consumer's authorized representative, if any;

98393

(3) A registered nurse who agrees to answer any questions	98394
that the attendant, consumer, or authorized representative has	98395
about consumer care needs, medications, and other issues.	98396

(C) Document the activities of each visit required by	98397
division (B) of this section in the consumer's clinical record	98398
with the assistance of the registered nurse.	98399

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	98400
a consumer with nursing tasks or self-administration of medication	98401
only after the attendant does both of the following:	98402

(1) Subject to division (B) of this section, completes	98403
consumer-specific training in how to provide the assistance that	98404
the authorizing health care professional authorizes the attendant	98405
to provide to the consumer;	98406

(2) At the request of the consumer, consumer's authorized	98407
representative, or authorizing health care professional,	98408
successfully demonstrates that the attendant has learned how to	98409
provide the authorized assistance to the consumer.	98410

(B) The training required by division (A)(1) of this section	98411
shall be provided by either of the following:	98412

(1) The authorizing health care professional;

98413

(2) The consumer or consumer's authorized representative in	98414
cooperation with the authorizing health care professional.	98415

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	98416
with both of the following when assisting a consumer with nursing	98417
tasks or self-administration of medication:	98418

(A) The written consent of the consumer or consumer's	98419
authorized representative provided to the appropriate director of	98420
~~job and family services~~ under section ~~5111.886~~5166.306 of the	98421
Revised Code;	98422

(B) The authorizing health care professional's written	98423
authorization provided to the appropriate director under section	98424
~~5111.887~~5166.307 of the Revised Code.	98425

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	98426
assisting a consumer with nursing tasks or self-administration of	98427
medication, the consumer or consumer's authorized representative	98428
shall provide the appropriate director ~~of job and family services~~	98429
a written statement signed by the consumer or authorized	98430
representative under which the consumer or authorized	98431
representative consents to both of the following:	98432

(A) Having the attendant assist the consumer with nursing	98433
tasks or self-administration of medication;	98434

(B) Assuming responsibility for directing the attendant when	98435
the attendant assists the consumer with nursing tasks or	98436
self-administration of medication.	98437

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	98438
to assist a consumer with nursing tasks or self-administration of	98439
medication, a health care professional shall provide the	98440
appropriate director ~~of job and family services~~ a written	98441
statement signed by the health care professional that includes all	98442
of the following:	98443

(A) The consumer's name and address;

98444

(B) A description of the nursing tasks or self-administration	98445
of medication with which the attendant is to assist the consumer,	98446
including, in the case of assistance with self-administration of	98447
medication, the name and dosage of the medication;	98448

(C) The times or intervals when the attendant is to assist	98449
the consumer with the self-administration of each dosage of the	98450
medication or nursing tasks;	98451

(D) The dates the attendant is to begin and cease providing	98452
the assistance;	98453

(E) A list of severe adverse reactions the attendant must	98454
report to the health care professional should the consumer	98455
experience one or more of the reactions;	98456

(F) At least one telephone number at which the attendant can	98457
reach the health care professional in an emergency;	98458

(G) Instructions the attendant is to follow when assisting	98459
the consumer with nursing tasks or self-administration of	98460
medication, including instructions for maintaining sterile	98461
conditions and for storage of task-related equipment and supplies;	98462

(H) The health care professional's attestation of both of the	98463
following:	98464

(1) That the consumer or consumer's authorized representative	98465
has demonstrated to the health care professional the ability to	98466
direct the attendant;	98467

(2) That the attendant has demonstrated to the health care	98468
professional the ability to provide the consumer assistance with	98469
nursing tasks or self-administration of medication that the health	98470
care professional has specifically authorized the attendant to	98471
provide and that the consumer or consumer's authorized	98472
representative has indicated to the health care professional that	98473
the consumer or authorized representative is satisfied with the	98474
attendant's demonstration.	98475

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	98476
attendant to assist a consumer with nursing tasks or	98477
self-administration of medication, a health care professional may	98478
not authorize a home care attendant to do any of the following:	98479

(A) Perform a task that is outside of the health care	98480
professional's scope of practice;	98481

(B) Assist the consumer with the self-administration of a	98482
medication, including a schedule II, schedule III, schedule IV, or	98483
schedule V drug unless both of the following apply:	98484

(1) The medication is administered orally, topically, or via	98485
a gastrostomy tube or jejunostomy tube, including through any of	98486
the following:	98487

(a) In the case of an oral medication, a metered dose	98488
inhaler;	98489

(b) In the case of a topical medication, including a	98490
transdermal medication, either of the following:	98491

(i) An eye, ear, or nose drop or spray;

98492

(ii) A vaginal or rectal suppository.

98493

(c) In the case of a gastrostomy tube or jejunostomy tube,	98494
only through a pre-programmed pump.	98495

(2) The medication is in its original container and the label	98496
attached to the container displays all of the following:	98497

(a) The consumer's full name in print;

98498

(b) The medication's dispensing date, which must not be more	98499
than twelve months before the date the attendant assists the	98500
consumer with self-administration of the medication;	98501

(c) The exact dosage and means of administration that match	98502
the health care professional's authorization to the attendant.	98503

(C) Assist the consumer with the self-administration of a	98504
schedule II, schedule III, schedule IV, or schedule V medication	98505
unless, in addition to meeting the requirements of division (B) of	98506
this section, all of the following apply:	98507

(1) The medication has a warning label on its container.

98508

(2) The attendant counts the medication in the consumer's or	98509
authorized representative's presence when the medication is	98510
administered to the consumer and records the count on a form used	98511
for the count as specified in rules adopted under section	98512
~~5111.8811~~5166.02 of the Revised Code.	98513

(3) The attendant recounts the medication in the consumer's	98514
or authorized representative's presence at least monthly and	98515
reconciles the recount on a log located in the consumer's clinical	98516
record.	98517

(4) The medication is stored separately from all other	98518
medications and is secured and locked at all times when not being	98519
administered to the consumer to prevent unauthorized access.	98520

(D) Perform an intramuscular injection;

98521

(E) Perform a subcutaneous injection unless it is for a	98522
routine dose of insulin;	98523

(F) Program a pump used to deliver a medication unless the	98524
pump is used to deliver a routine dose of insulin;	98525

(G) Insert, remove, or discontinue an intravenous access	98526
device;	98527

(H) Engage in intravenous medication administration;

98528

(I) Insert or initiate an infusion therapy;

98529

(J) Perform a central line dressing change.

98530

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	98531
home care attendant services to a consumer in accordance with the	98532
authorizing health care professional's authorization does not	98533
engage in the practice of nursing as a registered nurse or in the	98534
practice of nursing as a licensed practical nurse in violation of	98535
section 4723.03 of the Revised Code.	98536

A consumer or the consumer's authorized representative shall	98537
report to the appropriate director ~~of job and family services~~ if a	98538
home care attendant engages in the practice of nursing as a	98539
registered nurse or the practice of nursing as a licensed	98540
practical nurse beyond the authorizing health care professional's	98541
authorization. The appropriate director shall forward a copy of	98542
each report to the board of nursing.	98543

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	98544
select an individual to act on the consumer's behalf for purposes	98545
regarding home care attendant services by submitting a written	98546
notice of the consumer's selection of an authorized representative	98547
to the appropriate director ~~of job and family services~~. The	98548
notice shall specifically identify the individual the consumer	98549
selects as authorized representative and may limit what the	98550
authorized representative may do on the consumer's behalf	98551
regarding home care attendant services. A consumer may not select	98552
the consumer's home care attendant to be the consumer's authorized	98553
representative.	98554

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

98555

~~(1) "Home and community-based services medicaid waiver~~	98556
~~component" has the same meaning as in section 5111.85 of the~~	98557
~~Revised Code.~~	98558

~~(2) "Nursing facility" has the same meaning as in section~~	98559
~~5111.20 of the Revised Code.~~	98560

~~(B) To the extent funds are available, the~~The medicaid	98561
director ~~of job and family services~~ may establish the Ohio access	98562
success project to help medicaid recipients make the transition	98563
from residing in a nursing ~~facility~~facilities to residing in a	98564
community ~~setting~~settings. The project may be established as a	98565
separate nonmedicaid program or integrated into a new or existing	98566
home and community-based services medicaid waiver component. The	98567
director shall permit any medicaid recipient ~~of medicaid-funded~~	98568
receiving nursing facility services to apply for participation in	98569
the project, but may limit the number of project participants.	98570

The director shall ensure that an assessment of an applicant	98571
is conducted as soon as practicable to determine whether the	98572
applicant is eligible for participation in the project. To the	98573
maximum extent possible, the assessment and eligibility	98574
determination shall be completed not later than the date that	98575
occurs six months after the applicant ~~became a recipient of~~	98576
~~medicaid-funded~~begins to receive nursing facility services.	98577

~~(C)~~(B) To be eligible for benefits under the project, a	98578
medicaid recipient must satisfy all of the following requirements:	98579

(1) The medicaid recipient must be ~~a recipient of~~	98580
~~medicaid-funded~~receiving nursing facility services, at the time	98581
of applying for the project benefits.	98582

(2) If the project is established as a nonmedicaid program,	98583
the medicaid recipient must be able to remain in the community as	98584
a result of receiving project benefits and the projected cost of	98585
the benefits to the project does not exceed eighty per cent of the	98586
average monthly medicaid cost of a medicaid recipient in a nursing	98587
facility.	98588

(3) If the project is integrated into a home and	98589
community-based services medicaid waiver component, the medicaid	98590
recipient must meet the waiver component's enrollment criteria.	98591

~~(D)~~(C) If the director establishes the Ohio access success	98592
project, the benefits provided under the project may include	98593
payment of all of the following:	98594

(1) The first month's rent in a community setting;

98595

(2) Rental deposits;

98596

(3) Utility deposits;

98597

(4) Moving expenses;

98598

(5) Other expenses not covered by the medicaid program that	98599
facilitate a medicaid recipient's move from a nursing facility to	98600
a community setting.	98601

~~(E)~~(D) If the project is established as a nonmedicaid	98602
program, no participant may receive more than two thousand	98603
dollars' worth of benefits under the project.	98604

~~(F)~~(E) If the department of ~~job and family services~~medicaid	98605
enters into a contract with an entity to provide fiscal management	98606
services regarding the project, the contract may provide for a	98607
portion of a participant's benefits under the project to be paid	98608
to the contracting entity. The contract shall specify the portion	98609
to be paid to the contracting entity.	98610

~~(G) The director may submit a request to the United States~~	98611
~~secretary of health and human services pursuant to section 1915 of~~	98612
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	98613
~~as amended, to create a home and community-based services medicaid~~	98614
~~waiver component to serve individuals who meet the criteria for~~	98615
~~participation in the Ohio access success project.~~	98616

~~(H)~~(F) The director may adopt rules in accordance with	98617
Chapter 119. of the Revised Code for the administration and	98618
operation of the project. If the project is integrated into a home	98619
and community-based services medicaid waiver component, the rules	98620
shall be adopted under section ~~5111.85~~5166.02 of the Revised	98621
Code.	98622

Sec. 5167.01. As used in this chapter:

98623

(A) "Controlled substance" has the same meaning as in section	98624
3719.01 of the Revised Code.	98625

(B) "Dual eligible individual" has the same meaning as in	98626
section 5160.01 of the Revised Code.	98627

(C) "Emergency services" has the same meaning as in the	98628
"Social Security Act," section 1932(b)(2), 42 U.S.C.	98629
1396u-2(b)(2).	98630

(D) "Home and community-based services medicaid waiver	98631
component" has the same meaning as in section 5166.01 of the	98632
Revised Code.	98633

(E) "Medicaid managed care organization" means a managed care	98634
organization under contract with the department of medicaid	98635
pursuant to section 5167.10 of the Revised Code.	98636

(F) "Medicaid waiver component" has the same meaning as in	98637
section 5166.01 of the Revised Code.	98638

(G) "Nursing facility" has the same meaning as in section	98639
5165.01 of the Revised Code.	98640

(H) "Prescribed drug" has the same meaning as in section	98641
5164.01 of the Revised Code.	98642

(I) "Provider" means any person or government entity that	98643
furnishes services to a medicaid recipient enrolled in a medicaid	98644
managed care organization, regardless of whether the person or	98645
entity has a provider agreement.	98646

(J) "Provider agreement" has the same meaning as in section	98647
5164.01 of the Revised Code.	98648

Sec. 5167.02. The medicaid director shall adopt rules as	98649
necessary to implement this chapter. The rules shall be adopted in	98650
accordance with Chapter 119. of the Revised Code.	98651

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	98652
the department of ~~job and family services~~medicaid shall establish	98653
a care management system. ~~The department shall submit, if~~	98654
~~necessary, applications to the United States department of health~~	98655
~~and human services for waivers of federal medicaid requirements~~	98656
~~that would otherwise be violated in the implementation of the~~	98657
~~system.~~	98658

(B) The department shall implement the care management system	98659
in some or all counties and shall designate the medicaid	98660
recipients who are required or permitted to participate in the	98661
system. In the department's implementation of the system and	98662
designation of participants, all of the following apply:	98663

(1) In the case of individuals who receive medicaid on the	98664
basis of being included in the category identified by the	98665
department as covered families and children, the department shall	98666
implement the care management system in all counties. All	98667
individuals included in the category shall be designated for	98668
participation, except for individuals included in one or more of	98669
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	98670
The department shall ensure that all participants are enrolled in	98671
medicaid managed care organizations that are health insuring	98672
corporations ~~under contract with the department pursuant to~~	98673
~~section 5111.17 of the Revised Code~~.	98674

(2) In the case of individuals who receive medicaid on the	98675
basis of being aged, blind, or disabled, ~~as specified in division~~	98676
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	98677
shall implement the care management system in all counties. Except	98678
as provided in division (C) of this section, all individuals	98679
included in the category shall be designated for participation.	98680
The department shall ensure that all participants are enrolled in	98681
medicaid managed care organizations that are health insuring	98682
corporations ~~under contract with the department pursuant to~~	98683
~~section 5111.17 of the Revised Code~~.	98684

(3) Alcohol, drug addiction, and mental health services	98685
covered by medicaid shall not be included in any component of the	98686
care management system when the nonfederal share of the cost of	98687
those services is provided by a board of alcohol, drug addiction,	98688
and mental health services or a state agency other than the	98689
department of ~~job and family services~~medicaid, but the recipients	98690
of those services may otherwise be designated for participation in	98691
the system.	98692

(C)(1) In designating participants who receive medicaid on	98693
the basis of being aged, blind, or disabled, the department shall	98694
not include any of the following, except as provided under	98695
division (C)(2) of this section:	98696

(a) Individuals who are under twenty-one years of age;

98697

(b) Individuals who are institutionalized;

98698

(c) Individuals who become eligible for medicaid by spending	98699
down their income or resources to a level that meets the medicaid	98700
program's financial eligibility requirements;	98701

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	98702
~~medicaid program and the medicare program established under Title~~	98703
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	98704
~~1395, as amended~~individuals;	98705

(e) Individuals to the extent that they are receiving	98706
medicaid services through a medicaid waiver component~~, as defined~~	98707
~~in section 5111.85 of the Revised Code~~.	98708

(2) ~~If any necessary waiver of federal medicaid requirements~~	98709
~~is granted, the~~The department may designate any of the following	98710
individuals who receive medicaid on the basis of being aged,	98711
blind, or disabled as individuals who are permitted or required to	98712
participate in the care management system:	98713

(a) Individuals who are under twenty-one years of age;

98714

(b) Individuals who reside in a nursing facility~~, as defined~~	98715
~~in section 5111.20 of the Revised Code~~;	98716

(c) Individuals who, as an alternative to receiving nursing	98717
facility services, are participating in a home and community-based	98718
services medicaid waiver component~~, as defined in section 5111.85~~	98719
~~of the Revised Code~~;	98720

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	98721
~~medicaid program and the medicare program~~individuals.	98722

(D) Subject to division (B) of this section, the department	98723
may do both of the following under the care management system:	98724

(1) Require or permit participants in the system to obtain	98725
health care services from providers designated by the department;	98726

(2) Require or permit participants in the system to obtain	98727
health care services through medicaid managed care organizations	98728
~~under contract with the department pursuant to section 5111.17 of~~	98729
~~the Revised Code~~.	98730

~~(E)(1) The department shall prepare an annual report on the~~	98731
~~care management system. The report shall address the department's~~	98732
~~ability to implement the system, including all of the following~~	98733
~~components:~~	98734

~~(a) The required designation of participants included in the~~	98735
~~category identified by the department as covered families and~~	98736
~~children;~~	98737

~~(b) The required designation of participants included in the~~	98738
~~aged, blind, or disabled category of medicaid recipients;~~	98739

~~(c) The use of any programs for enhanced care management.~~

98740

~~(2) The department shall submit each annual report to the~~	98741
~~general assembly. The first report shall be submitted not later~~	98742
~~than October 1, 2007.~~	98743

~~(F) The director of job and family services may adopt rules~~	98744
~~in accordance with Chapter 119. of the Revised Code to implement~~	98745
~~this section.~~	98746

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

98747

(1) "Children's care network" means any of the following:

98748

(a) A children's hospital;

98749

(b) A group of children's hospitals;

98750

98751

(2) "Children's hospital" has the same meaning as in section	98752
2151.86 of the Revised Code.	98753

(B) If the department of ~~job and family services~~medicaid	98754
includes in the care management system, pursuant to section	98755
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	98756
years of age who are included in the category of individuals who	98757
receive medicaid on the basis of being aged, blind, or disabled,	98758
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	98759
~~Code,~~ the department ~~shall develop a system to~~may recognize	98760
entities as pediatric accountable care organizations. ~~The purpose~~	98761
~~of the recognition system shall be to meet the complex medical and~~	98762
~~behavioral needs of disabled children through new approaches to~~	98763
~~care coordination. The department shall implement the recognition~~	98764
~~system not later than July 1, 2012.~~	98765

An entity recognized by the department as a pediatric	98766
accountable care organization may develop innovative partnerships	98767
between relevant groups and may contract directly or subcontract	98768
with the state to provide care coordination and other services to	98769
the medicaid recipients under twenty-one years of age described in	98770
this division who are permitted or required to participate in the	98771
care management system.	98772

(C)(1) To be recognized by the department as a pediatric	98773
accountable care organization, an entity shall meet the standards	98774
established ~~in rules adopted under this section~~by the department.	98775
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	98776
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	98777
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	98778
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	98779
to those sections, and the laws of this state, the department	98780
shall not require that an entity be a health insuring corporation	98781
as a condition of receiving the department's recognition.	98782

(2) Any of the following entities may receive the	98783
department's recognition, if the standards for recognition have	98784
been met:	98785

(a) A children's care network;

98786

(b) A children's care network that may include one or more	98787
other entities, including, but not limited to, health insuring	98788
corporations or other managed care organizations;	98789

98790

(D) The ~~department~~medicaid director shall consult with all	98791
of the following in adopting rules ~~under~~authorized by division	98792
(E) of this section necessary for an entity to be recognized by	98793
the department as a pediatric accountable care organization:	98794

(1) The superintendent of insurance;

98795

(2) Children's hospitals;

98796

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	98797
~~contract pursuant to section 5111.17 of the Revised Code~~;	98798

(4) Any other relevant entities, as determined necessary by	98799
the department, with interests in pediatric accountable care	98800
organizations.	98801

(E) ~~The department shall adopt rules in accordance with~~	98802
~~Chapter 119. of the Revised Code as necessary to implement this~~	98803
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	98804
Revised Code, the ~~department~~medicaid director shall do all of the	98805
following:	98806

(1) Establish application procedures to be followed by an	98807
entity seeking recognition as a pediatric accountable care	98808
organization;	98809

(2) Ensure that the standards for recognition as a pediatric	98810
accountable care organization are the same as and do not conflict	98811
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	98812
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	98813
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	98814
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	98815
pursuant to those sections;	98816

(3) Establish requirements regarding the access to pediatric	98817
specialty care provided through or by a pediatric accountable care	98818
organization;	98819

(4) Establish accountability and financial requirements for	98820
an entity recognized as a pediatric accountable care organization;	98821

(5) Establish quality improvement initiatives consistent with	98822
any state medicaid quality plan established by the department;	98823

(6) Establish transparency and consumer protection	98824
requirements for an entity recognized as a pediatric accountable	98825
care organization;	98826

(7) Establish a process for sharing data.

98827

(F) This section does not limit the authority of the	98828
department of insurance to regulate the business of insurance in	98829
this state.	98830

Sec. 5167.032. (A) The department of medicaid shall prepare	98831
an annual report on the care management system established under	98832
this chapter. The report shall address the department's ability to	98833
implement the system, including all of the following components:	98834

(1) The required designation of participants included in the	98835
category identified by the department as covered families and	98836
children;	98837

(2) The required designation of participants included in the	98838
aged, blind, or disabled category of medicaid recipients;	98839

(3) The use of any programs for enhanced care management.

98840

(B) The department shall submit each annual report to the	98841
general assembly in accordance with section 101.68 of the Revised	98842
Code.	98843

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	98844
~~services~~medicaid may enter into contracts with managed care	98845
organizations, including health insuring corporations, under which	98846
the organizations are authorized to provide, or arrange for the	98847
provision of, health care services to ~~medical assistance~~medicaid	98848
recipients who are required or permitted to obtain health care	98849
services through managed care organizations as part of the care	98850
management system established under section ~~5111.16~~5167.03 of the	98851
Revised Code.	98852

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	98853
the department or its actuary shall base the hospital inpatient	98854
capital payment portion of the payment made to managed care	98855
organizations on data for services provided to all recipients	98856
enrolled in managed care organizations with which the department	98857
contracts, as reported by hospitals on relevant cost reports	98858
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	98859
the Revised Code.	98860

(2)(a) The hospital inpatient capital payment portion of the	98861
payment made to medicaid managed care organizations shall not	98862
exceed any maximum rate established by the department pursuant to	98863
rules adopted under this section.	98864

(b) If a maximum rate is established, a medicaid managed care	98865
organization shall not compensate hospitals for inpatient capital	98866
costs in an amount that exceeds that rate.	98867

(C) ~~The director of job and family services may adopt rules~~	98868
~~in accordance with Chapter 119. of the Revised Code to implement~~	98869
~~this section.~~	98870

~~(D)~~ The department of ~~job and family services~~medicaid shall	98871
allow a medicaid managed care organization to use providers to	98872
render care upon completion of the medicaid managed care	98873
organization's credentialing process.	98874

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	98875
~~5111.17~~5167.10 of the Revised Code with a health insuring	98876
corporation that holds a certificate of authority under Chapter	98877
1751. of the Revised Code, the department of ~~job and family~~	98878
~~services~~medicaid shall require the health insuring corporation to	98879
provide a grievance process for medicaid recipients in accordance	98880
with 42 C.F.R. 438, subpart F.	98881

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	98882
~~5111.17~~5167.10 of the Revised Code with a managed care	98883
organization that is a health insuring corporation, the department	98884
of ~~job and family services~~medicaid shall require the health	98885
insuring corporation to provide coverage of ~~prescription~~	98886
prescribed drugs for medicaid recipients enrolled in the health	98887
insuring corporation. In providing the required coverage, the	98888
health insuring corporation may, subject to the department's	98889
approval and the limitations specified in division (B) of this	98890
section, use strategies for the management of drug utilization.	98891

(B) The department shall not permit a health insuring	98892
corporation to impose a prior authorization requirement in the	98893
case of a drug to which all of the following apply:	98894

(1) The drug is an antidepressant or antipsychotic.

98895

(2) The drug is administered or dispensed in a standard	98896
tablet or capsule form, except that in the case of an	98897
antipsychotic, the drug also may be administered or dispensed in a	98898
long-acting injectable form.	98899

(3) The drug is prescribed by either of the following:

98900

(a) A physician whom the health insuring corporation,	98901
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	98902
Code, has credentialed to provide care as a psychiatrist;	98903

(b) A psychiatrist practicing at a community mental health	98904
~~agency~~services provider certified by the department of ~~mental~~	98905
~~health~~mental health and addiction services under section	98906
~~5119.611~~5119.36 of the Revised Code.	98907

(4) The drug is prescribed for a use that is indicated on the	98908
drug's labeling, as approved by the federal food and drug	98909
administration.	98910

(C) ~~As used in this division, "controlled substance" has the~~	98911
~~same meaning as in section 3719.01 of the Revised Code.~~	98912

The department shall permit a health insuring corporation to	98913
develop and implement a pharmacy utilization management program	98914
under which prior authorization through the program is established	98915
as a condition of obtaining a controlled substance pursuant to a	98916
prescription.	98917

Sec. 5167.121. If a medicaid managed care organization	98918
intends to terminate a pharmacy's status as a provider of pharmacy	98919
services for the organization, it shall notify the pharmacy not	98920
less than ninety days before the termination takes effect. The	98921
notice shall be sent by regular mail to the pharmacy's address on	98922
record with the organization.	98923

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	98924
~~and family services~~medicaid enters into with a managed care	98925
organization under section ~~5111.17~~5167.10 of the Revised Code	98926
shall require the managed care organization to implement a	98927
coordinated services program for medicaid recipients enrolled in	98928
the organization who are found to have obtained ~~prescription~~	98929
prescribed drugs under the medicaid program at a frequency or in	98930
an amount that is not medically necessary. The program shall be	98931
implemented in a manner that is consistent with ~~section 1915(a)(2)~~	98932
of the "Social Security Act," ~~95 Stat. 810 (1981)~~section	98933
1915(a)(2), 42 U.S.C. 1396n(a)(2)~~, as amended~~, and 42 C.F.R.	98934
431.54(e).	98935

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	98936
~~and family services~~medicaid enters into with a managed care	98937
organization under section ~~5111.17~~5167.10 of the Revised Code	98938
shall require the managed care organization to enter into a data	98939
security agreement with the state board of pharmacy governing the	98940
managed care organization's use of the board's drug database	98941
established and maintained under section 4729.75 of the Revised	98942
Code.	98943

This section does not apply if the board no longer maintains	98944
the drug database.	98945

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

98946

~~(1) "Emergency services" has the same meaning as in section~~	98947
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	98948
~~U.S.C. 1396u-2(b)(2), as amended.~~	98949

~~(2) "Medicaid managed care organization" means a managed care~~	98950
~~organization that has entered into a contract with the department~~	98951
~~of job and family services pursuant to section 5111.17 of the~~	98952
~~Revised Code.~~	98953

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	98954
when a participant in the care management system established under	98955
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	98956
medicaid managed care organization and the organization refers the	98957
participant to receive services, other than emergency services	98958
provided on or after January 1, 2007, at a hospital that	98959
participates in the medicaid program but is not under contract	98960
with the organization, the hospital shall provide the service for	98961
which the referral was made and shall accept from the	98962
organization, as payment in full, the amount derived from the	98963
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	98964
other hospitals of the same type for providing the same service to	98965
a medicaid recipient who is not enrolled in a medicaid managed	98966
care organization.	98967

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	98968
section if all of the following are the case:	98969

(1) The hospital is located in a county in which participants	98970
in the care management system are required before January 1, 2006,	98971
to be enrolled in a medicaid managed care organization that is a	98972
health insuring corporation;	98973

(2) The hospital has entered into a contract before January	98974
1, 2006, with at least one health insuring corporation serving the	98975
participants specified in division ~~(C)~~(B)(1) of this section;	98976

(3) The hospital remains under contract with at least one	98977
health insuring corporation serving participants in the care	98978
management system who are required to be enrolled in a health	98979
insuring corporation.	98980

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	98981
adopt rules under section 5167.02 of the Revised Code specifying	98982
the circumstances under which a medicaid managed care organization	98983
is permitted to refer a participant in the care management system	98984
to a hospital that is not under contract with the organization.	98985
~~The director may adopt any other rules necessary to implement this~~	98986
~~section. All rules adopted under this section shall be adopted in~~	98987
~~accordance with Chapter 119. of the Revised Code.~~	98988

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

98989

~~(1) "Emergency services" has the same meaning as in section~~	98990
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	98991
~~U.S.C. 1396u-2(b)(2), as amended.~~	98992

~~(2) "Medicaid managed care organization" has the same meaning~~	98993
~~as in section 5111.162 of the Revised Code.~~	98994

~~(3) "Provider" means any person, institution, or entity that~~	98995
~~furnishes emergency services to a medicaid recipient enrolled in a~~	98996
~~medicaid managed care organization, regardless of whether the~~	98997
~~person, institution, or entity has a provider agreement with the~~	98998
~~department of job and family services pursuant to Title XIX of the~~	98999
~~"Social Security Act."~~	99000

~~(B)~~ When a participant in the care management system	99001
established under ~~section 5111.16 of the Revised Code~~this chapter	99002
is enrolled in a medicaid managed care organization and receives	99003
emergency services on or after January 1, 2007, from a provider	99004
that is not under contract with the organization, the provider	99005
shall accept from the organization, as payment in full, not more	99006
than the amounts (less any payments for indirect costs of medical	99007
education and direct costs of graduate medical education) that the	99008
provider could collect if the participant received medicaid other	99009
than through enrollment in a managed care organization.	99010

An agreement entered into by a participant, a participant's	99011
parent, or a participant's legal guardian that requires payment	99012
for emergency services in violation of this section is void and	99013
unenforceable.	99014

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

99015

(1) "Covered skilled nursing facility services" has the same	99016
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	99017
U.S.C. 1395yy(e)(2)(A).	99018

(2) "Current medicare fee-for-service rate" means the	99019
fee-for-service rate in effect for a covered skilled nursing	99020
facility service under medicare at the time the service is	99021
provided.	99022

(3) "Skilled nursing facility" has the same meaning as in the	99023
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	99024

(B) Except as provided in division (C) of this section, a	99025
medicaid managed care organization shall pay a skilled nursing	99026
facility at least the current medicare fee-for-service rate,	99027
without deduction for any coinsurance, for covered skilled nursing	99028
facility services that the skilled nursing facility provides to a	99029
dual eligible individual if the medicaid managed care organization	99030
is responsible for the payment under the terms of a contract that	99031
the medicaid managed care organization, ~~medical assistance~~	99032
medicaid director, and United States secretary of health and human	99033
services jointly enter into under the integrated care delivery	99034
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	99035

(C) A medicaid managed care organization is required to pay	99036
the rate specified in division (B) of this section for covered	99037
skilled nursing facility services only if all of the following	99038
apply:	99039

(1) The United States secretary agrees to the payment rate as	99040
part of the contract that the medicaid managed care organization,	99041
~~medical assistance~~medicaid director, and United States secretary	99042
jointly enter into under the integrated care delivery system;	99043

(2) The medicaid managed care organization receives a federal	99044
capitation payment that is an actuarially sufficient amount for	99045
the costs that the medicaid managed care organization incurs in	99046
paying the rate;	99047

(3) No state funds are used for any part of the costs that	99048
the medicaid managed care organization incurs in paying the rate;	99049

(4) The integrated care delivery system provides for dual	99050
eligible individuals to receive the covered skilled nursing	99051
facility services as part of the system.	99052

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	99053
~~family services~~ shall determine whether a waiver of federal	99054
medicaid requirements is necessary to fulfill the requirements of	99055
section 3901.3814 of the Revised Code. If the director determines	99056
a waiver is necessary, the department of ~~job and family services~~	99057
medicaid shall apply to the United States secretary of health and	99058
human services for the waiver.	99059

(B)(1) If the director determines that section 3901.3814 of	99060
the Revised Code can be implemented without a waiver or a waiver	99061
is granted, the department shall notify the department of	99062
insurance that the section can be implemented. Implementation of	99063
the section shall be effective eighteen months after the notice is	99064
sent.	99065

(2) At the time the notice is given under division (B)(1) of	99066
this section, the department shall also give notice to each health	99067
insuring corporation that provides coverage to medicaid	99068
recipients. The notice shall inform the corporation that sections	99069
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	99070
claims for services rendered to recipients on the date determined	99071
under division (B)(1) of this section, instead of the prompt	99072
payment requirements of 42 C.F.R. 447.46. That date shall be	99073
specified in the notice.	99074

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	99075
amount the department of ~~job and family services~~medicaid pays	99076
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	99077
the amount of disproportionate share hospital payments paid by the	99078
medicare program ~~established under Title XVIII of~~pursuant to the	99079
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	99080
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	99081
~~contract with the department pursuant to section 5111.17 of the~~	99082
~~Revised Code authorizing the organization to provide, or arrange~~	99083
~~for the provision of, hospital services to medicaid recipients~~	99084
shall keep detailed records for each hospital with which it	99085
contracts ~~about~~, including records regarding the cost to the	99086
hospital of providing ~~the~~hospital services for the organization,	99087
payments made by the organization to the hospital for the	99088
services, utilization of hospital services by medicaid recipients	99089
enrolled in the organization, and other utilization data required	99090
by the department.	99091

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	99092
~~family services~~medicaid shall establish a managed care	99093
performance payment program. Under the program, the department may	99094
provide payments to medicaid managed care organizations ~~under~~	99095
~~contract with the department pursuant to section 5111.17 of the~~	99096
~~Revised Code~~ that meet performance standards established by the	99097
department.	99098

(2) In establishing performance standards, the department may	99099
consult any of the following:	99100

(a) Any quality measurements developed under the pediatric	99101
quality measures program established pursuant to the "Social	99102
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	99103

(b) Any core set of adult health quality measures for	99104
medicaid eligible adults used for purposes of the "Social Security	99105
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	99106
quality used for purposes of the medicaid quality measurement	99107
program when the program is established under ~~42 U.S.C. 1320b-9b~~	99108
that section of the "Social Security Act";	99109

(c) The most recent healthcare effectiveness data and	99110
information set and quality measurement tool established by the	99111
national committee for quality assurance.	99112

(3) The standards that must be met to receive the payments	99113
may be specified in the contract the department enters into with a	99114
medicaid managed care organization.	99115

(4) If a medicaid managed care organization meets the	99116
performance standards established by the department, the	99117
department shall make one or more performance payments to the	99118
organization. The amount of each performance payment, the number	99119
of payments, and the schedule for making the payments shall be	99120
established by the department. The payments shall be discontinued	99121
if the department determines that the organization no longer meets	99122
the performance standards. The department shall not make or	99123
discontinue payments based on any performance standard that has	99124
been in effect as part of the organization's contract for less	99125
than six months.	99126

(B) For purposes of the program, the department shall	99127
establish an amount that is to be withheld each time a premium	99128
payment is made to a medicaid managed care organization. The	99129
amount shall be established as a percentage of each premium	99130
payment. The percentage shall be the same for all medicaid managed	99131
care organizations ~~under contract with the department~~. The sum of	99132
all withholdings under this division shall not exceed ~~one~~two per	99133
cent of the total of all premium payments made to all medicaid	99134
managed care organizations ~~under contract with the department~~.	99135

Each medicaid managed care organization shall agree to the	99136
withholding as a condition of receiving or maintaining its	99137
~~medicaid~~ provider agreement with the department.	99138

When the amount is established and each time the amount is	99139
modified thereafter, the department shall certify the amount to	99140
the director of budget and management and begin withholding the	99141
amount from each premium the department pays to a medicaid managed	99142
care organization.	99143

~~(C) There is hereby created in the state treasury the managed~~	99144
~~care performance payment fund. The fund shall consist of amounts~~	99145
~~transferred to it by the director of budget and management for the~~	99146
~~purpose of the program. All investment earnings of the fund shall~~	99147
~~be credited to the fund. Amounts in the fund shall be used solely~~	99148
~~to make performance payments to managed care organizations in~~	99149
~~accordance with this section.~~	99150

~~(D) The department may adopt rules as necessary to implement~~	99151
~~this section. The rules shall be adopted in accordance with~~	99152
~~Chapter 119. of the Revised Code.~~	99153

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	99154
~~services~~medicaid may provide financial incentive awards to	99155
medicaid managed care organizations ~~under contract with the~~	99156
~~department pursuant to section 5111.17 of the Revised Code~~ that	99157
meet or exceed performance standards specified in provider	99158
agreements or rules adopted by the ~~department~~medicaid director	99159
under section 5167.02 of the Revised Code. The department may	99160
specify in a contract with a medicaid managed care organization	99161
the amounts of financial incentive awards, methodology for	99162
distributing awards, types of awards, and standards for	99163
administration by the department.	99164

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	99165
~~services~~medicaid shall appoint a temporary manager for a	99166
medicaid managed care organization ~~under contract with the~~	99167
~~department pursuant to section 5111.17 of the Revised Code~~ if the	99168
department determines that the medicaid managed care organization	99169
has repeatedly failed to meet substantive requirements specified	99170
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	99171
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	99172
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	99173
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	99174
manager does not preclude the department from imposing other	99175
sanctions available to the department against the medicaid managed	99176
care organization.	99177

The medicaid managed care organization shall pay all costs of	99178
having the temporary manager perform the temporary manager's	99179
duties, including all costs the temporary manager incurs in	99180
performing those duties. If the temporary manager incurs costs or	99181
liabilities on behalf of the medicaid managed care organization,	99182
the medicaid managed care organization shall pay those costs and	99183
be responsible for those liabilities.	99184

The appointment of a temporary manager is not subject to	99185
Chapter 119. of the Revised Code, but the managed care	99186
organization may request a reconsideration of the appointment.	99187
Reconsiderations shall be requested and conducted in accordance	99188
with rules the ~~director of job and family services~~medicaid	99189
director shall adopt ~~in accordance with Chapter 119. of~~under	99190
section 5167.02 of the Revised Code.	99191

The appointment of a temporary manager does not cause the	99192
medicaid managed care organization to lose the right to appeal, in	99193
accordance with Chapter 119. of the Revised Code, any proposed	99194
termination or any decision not to ~~renew~~revalidate the medicaid	99195
managed care organization's ~~medicaid~~ provider agreement or the	99196
right to initiate the sale of the medicaid managed care	99197
organization or its assets.	99198

~~In addition to the rules required to be adopted under this~~	99199
~~section, the director may adopt any other rules necessary to~~	99200
~~implement this section. The rules shall be adopted in accordance~~	99201
~~with Chapter 119. of the Revised Code.~~	99202

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	99203
~~services~~medicaid may disenroll some or all medicaid recipients	99204
enrolled in a medicaid managed care organization ~~under contract~~	99205
~~with the department pursuant to section 5111.17 of the Revised~~	99206
~~Code~~ if the department proposes to terminate or not to ~~renew~~	99207
revalidate the contract and determines that the recipients' access	99208
to medically necessary services is jeopardized by the proposal to	99209
terminate or not to ~~renew~~revalidate the contract. The	99210
disenrollment is not subject to Chapter 119. of the Revised Code,	99211
but the medicaid managed care organization may request a	99212
reconsideration of the disenrollment. Reconsiderations shall be	99213
requested and conducted in accordance with rules the medicaid	99214
director ~~of job and family services~~ shall adopt ~~in accordance with~~	99215
~~Chapter 119.~~under section 5167.02 of the Revised Code. The	99216
request for, or conduct of, a reconsideration regarding a proposed	99217
disenrollment shall not delay the disenrollment.	99218

~~In addition to the rules required to be adopted under this~~	99219
~~section, the director may adopt any other rules necessary to~~	99220
~~implement this section. The rules shall be adopted in accordance~~	99221
~~with Chapter 119. of the Revised Code.~~	99222

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	99223
~~5112.21~~5168.14 of the Revised Code:	99224

(A) "Bad debt," "charity care," "courtesy care," and	99225
"contractual allowances" have the same meanings given these terms	99226
in regulations adopted under Title XVIII of the "Social Security	99227
Act," 42 U.S.C. 1395 et seq.	99228

(B) "Cost reporting period" means the twelve-month period	99229
used by a hospital in reporting costs for purposes of Title XVIII	99230
of the "Social Security Act," 42 U.S.C. 1395 et seq.	99231

(C) "Disproportionate share hospital" means a hospital that	99232
meets the definition of a disproportionate share hospital in rules	99233
adopted under section 5168.02 of the Revised Code.	99234

(D) "Federal poverty line" means the official poverty line	99235
defined by the United States office of management and budget based	99236
on the most recent data available from the United States bureau of	99237
the census and revised by the United States secretary of health	99238
and human services pursuant to the "Omnibus Budget Reconciliation	99239
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	99240

(E) "Governmental hospital" means a county hospital with more	99241
than five hundred registered beds or a state-owned and -operated	99242
hospital with more than five hundred registered beds.	99243

(F)(1) "Hospital" means a nonfederal hospital to which either	99244
of the following applies:	99245

(a) The hospital is registered under section 3701.07 of the	99246
Revised Code as a general medical and surgical hospital or a	99247
pediatric general hospital, and provides inpatient hospital	99248
services, as defined in 42 C.F.R. 440.10;	99249

(b) The hospital is recognized under the medicare program	99250
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	99251
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	99252
is exempt from the medicare prospective payment system.	99253

(2) "Hospital" does not include a hospital operated by a	99254
health insuring corporation that has been issued a certificate of	99255
authority under section 1751.05 of the Revised Code or a hospital	99256
that does not charge patients for services.	99257

~~(2) "Disproportionate share hospital" means a hospital that~~	99258
~~meets the definition of a disproportionate share hospital in rules~~	99259
~~adopted under section 5112.03 of the Revised Code.~~	99260

~~(B) "Bad debt," "charity care," "courtesy care," and~~	99261
~~"contractual allowances" have the same meanings given these terms~~	99262
~~in regulations adopted under Title XVIII of the "Social Security~~	99263
~~Act."~~	99264

~~(C) "Cost reporting period" means the twelve-month period~~	99265
~~used by a hospital in reporting costs for purposes of Title XVIII~~	99266
~~of the "Social Security Act."~~	99267

~~(D) "Governmental hospital" means a county hospital with more~~	99268
~~than five hundred registered beds or a state-owned and -operated~~	99269
~~hospital with more than five hundred registered beds.~~	99270

~~(E)~~(G) "Indigent care pool" means the sum of the following:

99271

(1) The total of assessments to be paid in a program year by	99272
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	99273
less the assessments deposited into the legislative budget	99274
services fund under section ~~5112.19~~5168.12 of the Revised Code	99275
and into the health care services administration fund created	99276
under section ~~5111.94~~5162.54 of the Revised Code;	99277

(2) The total amount of intergovernmental transfers required	99278
to be made in the same program year by governmental hospitals	99279
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	99280
of transfers deposited into the legislative budget services fund	99281
under section ~~5112.19~~5168.12 of the Revised Code and into the	99282
health care services administration fund created under section	99283
~~5111.94~~5162.54 of the Revised Code;	99284

(3) The total amount of federal matching funds that will be	99285
made available in the same program year as a result of funds	99286
distributed by the department of ~~job and family services~~medicaid	99287
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	99288

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	99289
money by a governmental hospital under section ~~5112.07~~5168.07 of	99290
the Revised Code.	99291

~~(G) "Medical assistance program" means the program of medical~~	99292
~~assistance established under section 5111.01 of the Revised Code~~	99293
~~and Title XIX of the "Social Security Act."~~	99294

~~(H)~~(I) "Medicaid services" has the same meaning as in section	99295
5164.01 of the Revised Code.	99296

(J) "Program year" means a period beginning the first day of	99297
October, or a later date designated in rules adopted under section	99298
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	99299
of September, or an earlier date designated in rules adopted under	99300
that section.	99301

~~(I)~~(K) "Registered beds" means the total number of hospital	99302
beds registered with the department of health, as reported in the	99303
most recent "directory of registered hospitals" published by the	99304
department of health.	99305

~~(J)~~(L) "Third-party payer" means any person or government	99306
entity that may be liable by law or contract to make payment to or	99307
on behalf of an individual for health care services. "Third-party	99308
payer" does not include a hospital.	99309

(M) "Total facility costs" means the total costs for all	99310
services rendered to all patients, including the direct, indirect,	99311
and overhead cost to the hospital of all services, supplies,	99312
equipment, and capital related to the care of patients, regardless	99313
of whether patients are enrolled in a health insuring corporation,	99314
excluding costs associated with providing skilled nursing services	99315
in distinct-part nursing facility units, as shown on the	99316
hospital's cost report filed under section ~~5112.04~~5168.05 of the	99317
Revised Code. Effective October 1, 1993, if rules adopted under	99318
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	99319
facility costs" may exclude costs associated with providing care	99320
to recipients of any of the governmental programs listed in	99321
division (B) of that section.	99322

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

99323

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	99324
~~services shall adopt, and may amend and rescind,~~medicaid director	99325
shall adopt rules in accordance with Chapter 119. of the Revised	99326
Code for the purpose of administering sections ~~5112.01~~5168.01 to	99327
~~5112.21~~5168.14 of the Revised Code, including rules that do all	99328
of the following:	99329

(1) Define as a "disproportionate share hospital" any	99330
hospital included under ~~subsection (b) of section 1923 of~~ the	99331
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	99332
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	99333
director determines appropriate;	99334

(2) Prescribe the form for submission of cost reports under	99335
section ~~5112.04~~5168.05 of the Revised Code;	99336

(3) Establish, in accordance with division (A) of section	99337
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	99338
to be applied to hospitals under that section;	99339

(4) Establish schedules for hospitals to pay installments on	99340
their assessments under section ~~5112.06~~5168.06 of the Revised	99341
Code and for governmental hospitals to pay installments on their	99342
intergovernmental transfers under section ~~5112.07~~5168.07 of the	99343
Revised Code;	99344

(5) Establish procedures to notify hospitals of adjustments	99345
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	99346
Revised Code in the amount of installments on their assessment;	99347

(6) Establish procedures to notify hospitals of adjustments	99348
made under division (D) of section ~~5112.09~~5168.08 of the Revised	99349
Code in the total amount of their assessment and to adjust for the	99350
remainder of the program year the amount of the installments on	99351
the assessments;	99352

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	99353
the Revised Code, the methodology for paying hospitals under that	99354
section.	99355

The director shall consult with hospitals when adopting the	99356
rules required by divisions (A)(4) and (5) of this section in	99357
order to minimize hospitals' cash flow difficulties.	99358

(B) Rules adopted under this section may provide that "total	99359
facility costs" excludes costs associated with any of the	99360
following:	99361

(1) ~~Recipients of the medical assistance program~~Medicaid	99362
recipients;	99363

(2) Recipients of disability financial assistance provided	99364
under Chapter 5115. of the Revised Code;	99365

(3) Recipients of the program for medically handicapped	99366
children established under section 3701.023 of the Revised Code;	99367

(4) ~~Recipients of the medicare program established under~~	99368
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	99369
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	99370

(5) Recipients of Title V of the "Social Security Act," 42	99371
U.S.C. 701 et seq.,;	99372

(6) Any other category of costs deemed appropriate by the	99373
director in accordance with Title XIX of the "Social Security	99374
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	99375
title.	99376

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	99377
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	99378
as the United States health care financing administration	99379
determines that the assessment imposed under section ~~5112.06~~	99380
5168.06 of the Revised Code is a permissible health care-related	99381
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	99382
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	99383
~~amended~~. Whenever the department of ~~job and family services~~	99384
medicaid is informed that the assessment is an impermissible	99385
health care-related tax, the department shall promptly refund to	99386
each hospital the amount of money currently in the hospital care	99387
assurance program fund created by section ~~5112.18~~5168.11 of the	99388
Revised Code that has been paid by the hospital under section	99389
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	99390
investment earnings on that amount.	99391

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	99392
~~services~~medicaid shall operate the hospital care assurance	99393
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	99394
of the Revised Code on a program year basis. The department shall	99395
complete all program requirements on or before the thirtieth day	99396
of September each year.	99397

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	99398
of this section, each hospital, on or before the first day of July	99399
of each year or at a later date approved by the medicaid director	99400
~~of job and family services~~, shall submit to the department of ~~job~~	99401
~~and family services~~medicaid a financial statement for the	99402
preceding calendar year that accurately reflects the income,	99403
expenses, assets, liabilities, and net worth of the hospital, and	99404
accompanying notes. A hospital that has a fiscal year different	99405
from the calendar year shall file its financial statement within	99406
one hundred eighty days of the end of its fiscal year or at a	99407
later date approved by the director ~~of job and family services~~.	99408
The financial statement shall be prepared by an independent	99409
certified public accountant and reflect an official audit report	99410
prepared in a manner consistent with generally accepted accounting	99411
principles. The financial statement shall, to the extent that the	99412
hospital has sufficient financial records, show bad debt and	99413
charity care separately from courtesy care and contractual	99414
allowances.	99415

(B) Except as provided in division (C) of this section, each	99416
hospital, within one hundred eighty days after the end of the	99417
hospital's cost reporting period, shall submit to the department a	99418
cost report in a format prescribed in rules adopted ~~by the~~	99419
~~director of job and family services~~ under section ~~5112.03~~5168.02	99420
of the Revised Code. The department shall grant a hospital an	99421
extension of the one hundred eighty day period if the health care	99422
financing administration of the United States department of health	99423
and human services extends the date by which the hospital must	99424
submit its cost report for the hospital's cost reporting period.	99425

(C) The director ~~of job and family services~~ may adopt rules	99426
under section ~~5112.03~~5168.02 of the Revised Code specifying	99427
financial information that must be submitted by hospitals for	99428
which no financial statement or cost report is available. The	99429
rules shall specify deadlines for submitting the information. Each	99430
such hospital shall submit the information specified in the rules	99431
not later than the deadline specified in the rules.	99432

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	99433
funds to hospitals under the ~~medical assistance~~medicaid program	99434
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	99435
Revised Code and depositing funds into the legislative budget	99436
services fund under section ~~5112.19~~5168.12 of the Revised Code	99437
and into the health care services administration fund created	99438
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	99439
imposed an assessment on all hospitals. Each hospital's assessment	99440
shall be based on total facility costs. All hospitals shall be	99441
assessed according to the rate or rates established each program	99442
year ~~by the department of job and family services~~ in rules adopted	99443
under section ~~5112.03~~5168.02 of the Revised Code. The department	99444
shall assess all hospitals uniformly and in a manner consistent	99445
with federal statutes and regulations. During any program year,	99446
the department shall not assess any hospital more than two per	99447
cent of the hospital's total facility costs.	99448

The department shall establish an assessment rate or rates	99449
each program year that will do both of the following:	99450

(1) Yield funds that, when combined with intergovernmental	99451
transfers and federal matching funds, will produce a program of	99452
sufficient size to pay a substantial portion of the indigent care	99453
provided by hospitals;	99454

(2) Yield funds that, when combined with intergovernmental	99455
transfers and federal matching funds, will produce amounts for	99456
distribution to disproportionate share hospitals that do not	99457
exceed, in the aggregate, the limits prescribed by the United	99458
States health care financing administration under ~~subsection (f)~~	99459
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	99460
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	99461

(B)(1) Except as provided in division (B)(3) of this section,	99462
each hospital shall pay its assessment in periodic installments in	99463
accordance with a schedule established ~~by the director of job and~~	99464
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	99465
the Revised Code.	99466

(2) The installments shall be equal in amount, unless either	99467
of the following applies:	99468

(a) The department makes adjustments during a program year	99469
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	99470
in the total amount of hospitals' assessments;	99471

(b) The medicaid director ~~of job and family services~~	99472
determines that adjustments in the amounts of installments are	99473
necessary for the administration of sections ~~5112.01~~5168.01 to	99474
~~5112.21~~5168.14 of the Revised Code and that unequal installments	99475
will not create cash flow difficulties for hospitals.	99476

(3) The director may adopt rules under section ~~5112.03~~	99477
5168.02 of the Revised Code establishing alternate schedules for	99478
hospitals to pay assessments under this section in order to reduce	99479
hospitals' cash flow difficulties.	99480

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	99481
~~services~~medicaid may require governmental hospitals to make	99482
intergovernmental transfers each program year for the purpose of	99483
distributing funds to hospitals under the ~~medical assistance~~	99484
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	99485
5168.14 of the Revised Code and depositing funds into the	99486
legislative budget services fund under section ~~5112.19~~5168.12 of	99487
the Revised Code and into the health care services administration	99488
fund created under section ~~5111.94~~5162.54 of the Revised Code.	99489
The department shall not require transfers in an amount that, when	99490
combined with hospital assessments paid under section ~~5112.06~~	99491
5168.06 of the Revised Code and federal matching funds, produce	99492
amounts for distribution to disproportionate share hospitals that,	99493
in the aggregate, exceed limits prescribed by the United States	99494
health care financing administration under ~~subsection (f) of~~	99495
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	99496
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	99497

(B) Before or during each program year, the department shall	99498
notify each governmental hospital of the amount of the	99499
intergovernmental transfer it is required to make during the	99500
program year. Each governmental hospital shall make	99501
intergovernmental transfers as required by the department under	99502
this section in periodic installments, executed by electronic fund	99503
transfer, in accordance with a schedule established in rules	99504
adopted under section ~~5112.03~~5168.02 of the Revised Code.	99505

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	99506
year, the department of ~~job and family services~~medicaid shall	99507
mail to each hospital by certified mail, return receipt requested,	99508
the preliminary determination of the amount that the hospital is	99509
assessed under section ~~5112.06~~5168.06 of the Revised Code during	99510
the program year. The preliminary determination of a hospital's	99511
assessment shall be calculated for a cost-reporting period that is	99512
specified in rules adopted under section ~~5112.03~~5168.02 of the	99513
Revised Code.	99514

The department shall consult with hospitals each year when	99515
determining the date on which it will mail the preliminary	99516
determinations in order to minimize hospitals' cash flow	99517
difficulties.	99518

If no hospital submits a request for reconsideration under	99519
division (B) of this section, the preliminary determination	99520
constitutes the final reconciliation of each hospital's assessment	99521
under section ~~5112.06~~5168.06 of the Revised Code. The final	99522
reconciliation is subject to adjustments under division (D) of	99523
this section.	99524

(B) Not later than fourteen days after the preliminary	99525
determinations are mailed, any hospital may submit to the	99526
department a written request to reconsider the preliminary	99527
determinations. The request shall be accompanied by written	99528
materials setting forth the basis for the reconsideration. If one	99529
or more hospitals submit a request, the department shall hold a	99530
public hearing not later than thirty days after the preliminary	99531
determinations are mailed to reconsider the preliminary	99532
determinations. The department shall mail to each hospital a	99533
written notice of the date, time, and place of the hearing at	99534
least ten days prior to the hearing. On the basis of the evidence	99535
submitted to the department or presented at the public hearing,	99536
the department shall reconsider and may adjust the preliminary	99537
determinations. The result of the reconsideration is the final	99538
reconciliation of the hospital's assessment under section ~~5112.06~~	99539
5168.06 of the Revised Code. The final reconciliation is subject	99540
to adjustments under division (D) of this section.	99541

(C) The department shall mail to each hospital a written	99542
notice of its assessment for the program year under the final	99543
reconciliation. A hospital may appeal the final reconciliation of	99544
its assessment to the court of common pleas of Franklin county.	99545
While a judicial appeal is pending, the hospital shall pay, in	99546
accordance with the schedules required by division (B) of section	99547
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	99548
that is not in dispute into the hospital care assurance program	99549
fund created in section ~~5112.18~~5168.11 of the Revised Code.	99550

(D) In the course of any program year, the department may	99551
adjust the assessment rate or rates established in rules pursuant	99552
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	99553
amounts of intergovernmental transfers required under section	99554
~~5112.07~~5168.07 of the Revised Code and, as a result of the	99555
adjustment, adjust each hospital's assessment and	99556
intergovernmental transfer, to reflect refinements made by the	99557
United States health care financing administration during that	99558
program year to the limits it prescribed under ~~subsection (f) of~~	99559
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	99560
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	99561
adjusted, the assessment rate or rates must comply with division	99562
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	99563
intergovernmental transfer must comply with division (A) of	99564
section ~~5112.07~~5168.07 of the Revised Code. The department shall	99565
notify hospitals of adjustments made under this division and	99566
adjust for the remainder of the program year the installments paid	99567
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	99568
the Revised Code in accordance with rules adopted under section	99569
~~5112.03~~5168.02 of the Revised Code.	99570

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	99571
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	99572
the Revised Code establishing a methodology to pay hospitals that	99573
is sufficient to expend all money in the indigent care pool. Under	99574
the rules:	99575

(A) The department of ~~job and family services~~medicaid may	99576
classify similar hospitals into groups and allocate funds for	99577
distribution within each group.	99578

(B) The department shall establish a method of allocating	99579
funds to hospitals, taking into consideration the relative amount	99580
of indigent care provided by each hospital or group of hospitals.	99581
The amount to be allocated shall be based on any combination of	99582
the following indicators of indigent care that the director	99583
considers appropriate:	99584

(1) Total costs, volume, or proportion of services to	99585
recipients of the medical assistance program, including recipients	99586
enrolled in health insuring corporations;	99587

(2) Total costs, volume, or proportion of services to	99588
low-income patients in addition to medicaid recipients ~~of the~~	99589
~~medical assistance program~~, which may include recipients of Title	99590
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	99591
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	99592
financial assistance provided under Chapter 5115. of the Revised	99593
Code;	99594

(3) The amount of uncompensated care provided by the hospital	99595
or group of hospitals;	99596

(4) Other factors that the director considers to be	99597
appropriate indicators of indigent care.	99598

(C) The department shall distribute funds to each hospital or	99599
group of hospitals in a manner that first may provide for an	99600
additional distribution to individual hospitals that provide a	99601
high proportion of indigent care in relation to the total care	99602
provided by the hospital or in relation to other hospitals. The	99603
department shall establish a formula to distribute the remainder	99604
of the funds. The formula shall be consistent with ~~section 1923 of~~	99605
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	99606
~~amended,~~and shall be based on any combination of the indicators	99607
of indigent care listed in division (B) of this section that the	99608
director considers appropriate.	99609

(D) The department shall distribute funds to each hospital in	99610
installments not later than ten working days after the deadline	99611
established in rules for each hospital to pay an installment on	99612
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	99613
In the case of a governmental hospital that makes	99614
intergovernmental transfers, the department shall pay an	99615
installment under this section not later than ten working days	99616
after the earlier of that deadline or the deadline established in	99617
rules for the governmental hospital to pay an installment on its	99618
intergovernmental transfer. If the amount in the hospital care	99619
assurance program fund created under section ~~5112.18~~5168.11 of	99620
the Revised Code and the portion of the health care - federal fund	99621
created under section ~~5111.943~~5162.50 of the Revised Code that is	99622
credited to that fund pursuant to division (B) of section ~~5112.18~~	99623
5168.11 of the Revised Code are insufficient to make the total	99624
distributions for which hospitals are eligible to receive in any	99625
period, the department shall reduce the amount of each	99626
distribution by the percentage by which the amount and portion are	99627
insufficient. The department shall distribute to hospitals any	99628
amounts not distributed in the period in which they are due as	99629
soon as moneys are available in the funds.	99630

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	99631
legislative budget services fund under section ~~5112.19~~5168.12 of	99632
the Revised Code and the health care services administration fund	99633
created under section ~~5111.94~~5162.54 of the Revised Code, the	99634
department of ~~job and family services~~medicaid shall not use money	99635
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	99636
5168.07 of the Revised Code or money that the department pays to	99637
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	99638
replace any funds appropriated by the general assembly for the	99639
~~medical assistance~~medicaid program.	99640

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	99641
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	99642
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	99643
all intergovernmental transfers under section ~~5112.07~~5168.07 of	99644
the Revised Code shall be deposited in the state treasury to the	99645
credit of the hospital care assurance program fund, hereby	99646
created. All investment earnings of the hospital care assurance	99647
program fund shall be credited to the fund. The department of ~~job~~	99648
~~and family services~~medicaid shall maintain records that show the	99649
amount of money in the hospital care assurance program fund at any	99650
time that has been paid by each hospital and the amount of any	99651
investment earnings on that amount. All moneys credited to the	99652
hospital care assurance program fund shall be used solely to make	99653
payments to hospitals under division (D) of this section and	99654
section ~~5112.08~~5168.09 of the Revised Code.	99655

(B) All federal matching funds received as a result of the	99656
department distributing funds from the hospital care assurance	99657
program fund to hospitals under section ~~5112.08~~5168.09 of the	99658
Revised Code shall be credited to the health care - federal fund	99659
created under section ~~5111.943~~5162.50 of the Revised Code.	99660

(C) All distributions of funds to hospitals under section	99661
~~5112.08~~5168.09 of the Revised Code are conditional on:	99662

(1) Expiration of the time for appeals under section ~~5112.09~~	99663
5168.08 of the Revised Code without the filing of an appeal, or on	99664
court determinations, in the event of appeals, that the hospital	99665
is entitled to the funds;	99666

(2) The sum of the following being sufficient to distribute	99667
the funds after the final determination of any appeals:	99668

(a) The available money in the hospital care assurance	99669
program fund;	99670

(b) The available portion of the money in the health care -	99671
federal fund that is credited to that fund pursuant to division	99672
(B) of this section.	99673

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	99674
the Revised Code.	99675

(D) If an audit conducted by the department of the amounts of	99676
payments made and funds received by hospitals under sections	99677
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	99678
Revised Code identifies amounts that, due to errors by the	99679
department, a hospital should not have been required to pay but	99680
did pay, should have been required to pay but did not pay, should	99681
not have received but did receive, or should have received but did	99682
not receive, the department shall:	99683

(1) Make payments to any hospital that the audit reveals paid	99684
amounts it should not have been required to pay or did not receive	99685
amounts it should have received;	99686

(2) Take action to recover from a hospital any amounts that	99687
the audit reveals it should have been required to pay but did not	99688
pay or that it should not have received but did receive.	99689

Payments made under division (D)(1) of this section shall be	99690
made from the hospital care assurance program fund. Amounts	99691
recovered under division (D)(2) of this section shall be deposited	99692
to the credit of that fund. Any hospital may appeal the amount the	99693
hospital is to be paid under division (D)(1) or the amount that is	99694
to be recovered from the hospital under division (D)(2) of this	99695
section to the court of common pleas of Franklin county.	99696

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	99697
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	99698
and intergovernmental transfers made under section ~~5112.07~~5168.07	99699
of the Revised Code during each program year beginning in an	99700
odd-numbered calendar year, the department of ~~job and family~~	99701
~~services~~medicaid shall deposit into the state treasury to the	99702
credit of the legislative budget services fund, which is hereby	99703
created, a total amount equal to the amount by which the biennial	99704
appropriation from that fund exceeds the amount of unexpended,	99705
unencumbered moneys in that fund. All investment earnings of the	99706
legislative budget services fund shall be credited to that fund.	99707
Money in the legislative budget services fund shall be used solely	99708
to pay the expenses of the legislative budget office of the	99709
legislative service commission.	99710

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	99711
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	99712
information filed under those sections shall not include any	99713
patient-identifying material. Information that includes	99714
patient-identifying material is not a public record under section	99715
149.43 of the Revised Code, and no patient-identifying material	99716
shall be released publicly by the department of ~~job and family~~	99717
~~services~~medicaid or by any person under contract with the	99718
department who has access to such information.	99719

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

99720

~~(1) "Federal poverty guideline" means the official poverty~~	99721
~~guideline as revised annually by the United States secretary of~~	99722
~~health and human services in accordance with section 673 of the~~	99723
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	99724
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	99725
~~the family of the person whose income is being determined.~~	99726

~~(2) "Third-party payer" means any private or public entity or~~	99727
~~program that may be liable by law or contract to make payment to~~	99728
~~or on behalf of an individual for health care services.~~	99729
~~"Third-party payer" does not include a hospital.~~	99730

~~(B)~~ Each hospital that receives funds distributed under	99731
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	99732
shall provide, without charge to the individual, basic, medically	99733
necessary hospital-level services to individuals who are residents	99734
of this state, are not medicaid recipients ~~of the medical~~	99735
~~assistance program~~, and whose income is at or below the federal	99736
poverty ~~guideline~~line. Recipients of disability financial	99737
assistance provided under Chapter 5115. of the Revised Code	99738
qualify for services under this section. The medicaid director of	99739
~~job and family services~~ shall adopt rules under section ~~5112.03~~	99740
5168.02 of the Revised Code specifying the hospital services to be	99741
provided under this section.	99742

~~(C)~~(B) Nothing in this section shall be construed to prevent	99743
a hospital from requiring an individual to apply for ~~eligibility~~	99744
~~under~~ the ~~medical assistance~~medicaid program before the hospital	99745
processes an application under this section. Hospitals may bill	99746
any third-party payer for services rendered under this section.	99747
Hospitals may bill the ~~medical assistance~~medicaid program, in	99748
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	99749
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	99750
~~chapter~~those statutes, for medicaid services rendered under this	99751
section if the individual becomes a medicaid recipient ~~of the~~	99752
~~program~~. Hospitals may bill individuals for services under this	99753
section if all of the following apply:	99754

(1) The hospital has an established post-billing procedure	99755
for determining the individual's income and canceling the charges	99756
if the individual is found to qualify for services under this	99757
section.	99758

(2) The initial bill, and at least the first follow-up bill,	99759
is accompanied by a written statement that does all of the	99760
following:	99761

(a) Explains that individuals with income at or below the	99762
federal poverty ~~guideline~~line are eligible for services without	99763
charge;	99764

(b) Specifies the federal poverty ~~guideline~~line for	99765
individuals and families of various sizes at the time the bill is	99766
sent;	99767

(c) Describes the procedure required by division (C)(1) of	99768
this section.	99769

(3) The hospital complies with any additional rules ~~the~~	99770
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	99771
Revised Code.	99772

Notwithstanding division (B) of this section, a hospital	99773
providing care to an individual under this section is subrogated	99774
to the rights of any individual to receive compensation or	99775
benefits from any person or governmental entity for the hospital	99776
goods and services rendered.	99777

~~(D)~~(C) Each hospital shall collect and report to the	99778
department of medicaid, in the form and manner prescribed by the	99779
department, information on the number and identity of patients	99780
served pursuant to this section.	99781

~~(E)~~(D) This section applies beginning May 22, 1992,	99782
regardless of whether ~~the department has adopted~~ rules specifying	99783
the services to be provided have been adopted. Nothing in this	99784
section alters the scope or limits the obligation of any	99785
governmental entity or program, including the program awarding	99786
reparations to victims of crime under sections 2743.51 to 2743.72	99787
of the Revised Code and the program for medically handicapped	99788
children established under section 3701.023 of the Revised Code,	99789
to pay for hospital services in accordance with state or local	99790
law.	99791

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	99792
~~5112.48~~5168.28 of the Revised Code:	99793

(A) "Applicable assessment percentage" means the percentage	99794
specified in rules adopted under section ~~5112.46~~5168.26 of the	99795
Revised Code that is used in calculating a hospital's assessment	99796
under section ~~5112.41~~5168.21 of the Revised Code.	99797

(B) "Assessment program year" means the twelve-month period	99798
beginning the first day of October of a calendar year and ending	99799
the last day of September of the following calendar year.	99800

(C) "Cost reporting period" means the period of time used by	99801
a hospital in reporting costs for purposes of the medicare	99802
program.	99803

(D) "Federal fiscal year" means the twelve-month period	99804
beginning the first day of October of a calendar year and ending	99805
the last day of September of the following calendar year.	99806

(E)(1) Except as provided in division (E)(2) of this section,	99807
"hospital" means a hospital to which any of the following applies:	99808

(a) The hospital is registered under section 3701.07 of the	99809
Revised Code as a general medical and surgical hospital or a	99810
pediatric general hospital and provides inpatient hospital	99811
services, as defined in 42 C.F.R. 440.10.	99812

(b) The hospital is recognized under the medicare program as	99813
a cancer hospital and is exempt from the medicare prospective	99814
payment system.	99815

(c) The hospital is a psychiatric hospital licensed under	99816
section ~~5119.20~~5119.33 of the Revised Code.	99817

(2) "Hospital" does not include either of the following:

99818

(a) A federal hospital;

99819

(b) A hospital that does not charge any of its patients for	99820
its services.	99821

(F) "Hospital care assurance program" means the program	99822
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	99823
the Revised Code.	99824

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	99825
~~the Revised Code.~~	99826

~~(H) "Medicare" means the program established under Title~~	99827
~~XVIII of the Social Security Act.~~	99828

~~(I)~~ "State fiscal year" means the twelve-month period	99829
beginning the first day of July of a calendar year and ending the	99830
last day of June of the following calendar year.	99831

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	99832
of this section, "total facility costs" means the total costs to a	99833
hospital for all care provided to all patients, including the	99834
direct, indirect, and overhead costs to the hospital of all	99835
services, supplies, equipment, and capital related to the care of	99836
patients, regardless of whether patients are enrolled in a health	99837
insuring corporation.	99838

(2) "Total facility costs" excludes all of the following of a	99839
hospital's costs as shown on the cost-reporting data used for	99840
purposes of determining the hospital's assessment under section	99841
~~5112.41~~5168.21 of the Revised Code:	99842

(a) Skilled nursing services provided in distinct-part	99843
nursing facility units;	99844

(b) Home health services;

99845

99846

(d) Ambulance services;

99847

(e) Renting durable medical equipment;

99848

(f) Selling durable medical equipment.

99849

(3) "Total facility costs" excludes any costs excluded from a	99850
hospital's total facility costs pursuant to rules, if any, adopted	99851
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	99852
Code.	99853

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	99854
section ~~5112.45~~5168.25 of the Revised Code and subject to	99855
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	99856
imposed an assessment on all hospitals each assessment program	99857
year. The amount of a hospital's assessment for an assessment	99858
program year shall equal the applicable assessment percentage of	99859
the hospital's total facility costs for the period of time	99860
specified in division (B) of this section. The amount of a	99861
hospital's total facility costs shall be derived from	99862
cost-reporting data for the hospital submitted to the department	99863
of ~~job and family services~~medicaid for purposes of the hospital	99864
care assurance program. If a hospital has not submitted that	99865
cost-reporting data to the department, the amount of a hospital's	99866
total facility costs shall be derived from other financial	99867
statements that the hospital shall provide to the department as	99868
directed by the department. The cost-reporting data or financial	99869
statements used to determine a hospital's assessment is subject to	99870
the same type of adjustments made to the cost-reporting data under	99871
the hospital care assurance program.	99872

(B) The period of time specified in this division is the	99873
hospital's cost reporting period that ends in the state fiscal	99874
year that ends in the federal fiscal year that precedes the	99875
federal fiscal year that precedes the assessment program year for	99876
which the assessment is imposed.	99877

(C) The assessment imposed by this section on a hospital is	99878
in addition to the assessment imposed by section ~~5112.06~~5168.06	99879
of the Revised Code.	99880

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	99881
program year, the department of ~~job and family services~~medicaid	99882
shall mail to each hospital by certified mail, return receipt	99883
requested, the preliminary determination of the amount that the	99884
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	99885
Code for the assessment program year. Except as provided in	99886
division (B) of this section, the preliminary determination	99887
becomes the final determination for the assessment program year	99888
fifteen days after the preliminary determination is mailed to the	99889
hospital.	99890

(B) A hospital may request that the department reconsider the	99891
preliminary determination mailed to the hospital under division	99892
(A) of this section by submitting to the department a written	99893
request for a reconsideration not later than fourteen days after	99894
the hospital's preliminary determination is mailed to the	99895
hospital. The request must be accompanied by written materials	99896
setting forth the basis for the reconsideration. On receipt of the	99897
timely request, the department shall reconsider the preliminary	99898
determination and may adjust the preliminary determination on the	99899
basis of the written materials accompanying the request. The	99900
result of the reconsideration is the final determination of the	99901
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	99902
Code for the assessment program year.	99903

(C) The department shall mail to each hospital a written	99904
notice of the final determination of its assessment for the	99905
assessment program year. A hospital may appeal the final	99906
determination to the court of common pleas of Franklin county.	99907
While a judicial appeal is pending, the hospital shall pay, in	99908
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	99909
amount of its assessment that is not in dispute.	99910

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	99911
~~5112.46~~5168.26 of the Revised Code establish a different payment	99912
schedule, each hospital shall pay the amount it is assessed under	99913
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	99914
following payment schedule:	99915

(A) Twenty-eight per cent of a hospital's assessment is due	99916
on the last business day of October of each assessment program	99917
year.	99918

(B) Thirty-one per cent of a hospital's assessment is due on	99919
the last business day of February of each assessment program year.	99920

(C) Forty-one per cent of a hospital's assessment is due on	99921
the last business day of May of each assessment program year.	99922

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	99923
~~services~~medicaid may audit a hospital to ensure that the hospital	99924
properly pays the amount it is assessed under section ~~5112.41~~	99925
5168.21 of the Revised Code. The department shall take action to	99926
recover from a hospital any amount the audit reveals that the	99927
hospital should have paid but did not pay.	99928

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	99929
treasury the hospital assessment fund. All installment payments	99930
made by hospitals under section ~~5112.43~~5168.23 of the Revised	99931
Code and all recoveries the department of ~~job and family services~~	99932
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	99933
shall be deposited into the fund. All investment earnings of the	99934
fund shall be credited to the fund. The department shall use money	99935
in the fund to pay for the costs of the medicaid program,	99936
including the program's administrative costs.	99937

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	99938
~~services shall adopt, amend, and rescind~~medicaid director shall	99939
adopt rules in accordance with Chapter 119. of the Revised Code as	99940
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	99941
of the Revised Code, including rules that specify the percentage	99942
of hospitals' total facility costs to be used in calculating	99943
hospitals' assessments under section ~~5112.41~~5168.21 of the	99944
Revised Code.	99945

(B) The rules adopted under this section may do the	99946
following:	99947

(1) Provide that a hospital's total facility costs for the	99948
purpose of the assessment under section ~~5112.41~~5168.21 of the	99949
Revised Code exclude any of the following:	99950

(a) A hospital's costs associated with providing care to	99951
recipients of any of the following:	99952

(i) The medicaid program;

99953

(ii) The medicare program;

99954

(iii) The disability financial assistance program established	99955
under Chapter 5115. of the Revised Code;	99956

(iv) The program for medically handicapped children	99957
established under section 3701.023 of the Revised Code;	99958

(v) Services provided under the maternal and child health	99959
services block grant established under Title V of the "Social	99960
Security Act," 42 U.S.C. 701 et seq.	99961

(b) Any other category of hospital costs the director deems	99962
appropriate under federal law and regulations governing the	99963
medicaid program.	99964

(2) Subject to division (C) of this section, provide for the	99965
percentage of hospitals' total facility costs used in calculating	99966
hospitals' assessments to vary for different hospitals;	99967

(3) To reduce hospitals' cash flow difficulties, establish a	99968
schedule for hospitals to pay their assessments that is different	99969
from the schedule established under section ~~5112.43~~5168.23 of the	99970
Revised Code.	99971

(C) Before adopting rules authorized by division (B)(2) of	99972
this section that establish varied percentages to be used in	99973
calculating hospitals' assessments, the director shall obtain a	99974
waiver from the United States secretary of health and human	99975
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	99976
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	99977
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	99978
the assessments to not be imposed uniformly.	99979

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	99980
~~family services~~ shall implement the assessment imposed by section	99981
~~5112.41~~5168.21 of the Revised Code in a manner that does not	99982
cause a reduction in federal financial participation for the	99983
medicaid program under the "Social Security Act," section 1903(w),	99984
42 U.S.C. 1396b(w).	99985

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	99986
health and human services determines that the assessment imposed	99987
by section ~~5112.41~~5168.21 of the Revised Code is an	99988
impermissible health care-related tax under the "Social Security	99989
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	99990
~~of job and family services~~ shall take all necessary actions to	99991
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	99992
5168.27 of the Revised Code and shall promptly refund to each	99993
hospital the amount of money in the hospital assessment fund at	99994
the time the refund is to be made that the hospital paid under	99995
section ~~5112.43~~5168.23 of the Revised Code, plus any	99996
corresponding investment earnings on that amount.	99997

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	99998
~~3721.58~~5168.56 of the Revised Code:	99999

(A) "Bed surrender" means the following:

100000

(1) In the case of a nursing home, the removal of a bed from	100001
a nursing home's licensed capacity in a manner that reduces the	100002
total licensed capacity of all nursing homes;	100003

(2) In the case of a hospital, the removal of a hospital bed	100004
from registration under section 3701.07 of the Revised Code as a	100005
skilled nursing facility bed or long-term care bed in a manner	100006
that reduces the total number of hospital beds registered under	100007
that section as skilled nursing facility beds or long-term care	100008
beds.	100009

(B) "Change of operator" means an entering operator becoming	100010
the operator of a nursing home or hospital in the place of the	100011
exiting operator.	100012

(1) Actions that constitute a change of operator include the	100013
following:	100014

(a) A change in an exiting operator's form of legal	100015
organization, including the formation of a partnership or	100016
corporation from a sole proprietorship;	100017

(b) A transfer of all the exiting operator's ownership	100018
interest in the operation of the nursing home or hospital to the	100019
entering operator, regardless of whether ownership of any or all	100020
of the real property or personal property associated with the	100021
nursing home or hospital is also transferred;	100022

(c) A lease of the nursing home or hospital to the entering	100023
operator or the exiting operator's termination of the exiting	100024
operator's lease;	100025

(d) If the exiting operator is a partnership, dissolution of	100026
the partnership;	100027

(e) If the exiting operator is a partnership, a change in	100028
composition of the partnership unless both of the following apply:	100029

(i) The change in composition does not cause the	100030
partnership's dissolution under state law.	100031

(ii) The partners agree that the change in composition does	100032
not constitute a change in operator.	100033

(f) If the operator is a corporation, dissolution of the	100034
corporation, a merger of the corporation into another corporation	100035
that is the survivor of the merger, or a consolidation of one or	100036
more other corporations to form a new corporation.	100037

(2) The following, alone, do not constitute a change of	100038
operator:	100039

(a) A contract for an entity to manage a nursing home or	100040
hospital as the operator's agent, subject to the operator's	100041
approval of daily operating and management decisions;	100042

(b) A change of ownership, lease, or termination of a lease	100043
of real property or personal property associated with a nursing	100044
home or hospital if an entering operator does not become the	100045
operator in place of an exiting operator;	100046

(c) If the operator is a corporation, a change of one or more	100047
members of the corporation's governing body or transfer of	100048
ownership of one or more shares of the corporation's stock, if the	100049
same corporation continues to be the operator.	100050

(C) "Effective date of a change of operator" means the day an	100051
entering operator becomes the operator of a nursing home or	100052
hospital.	100053

(D) "Entering operator" means the person or government entity	100054
that will become the operator of a nursing home or hospital on the	100055
effective date of a change of operator.	100056

(E) "Exiting operator" means an operator that will cease to	100057
be the operator of a nursing home or hospital on the effective	100058
date of a change of operator.	100059

(F) "Franchise permit fee rate" means the ~~following:~~

100060

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	100061
~~cents;~~	100062

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	100063
~~eleven dollars and sixty-seven cents~~rate determined in accordance	100064
with section 5168.41 of the Revised Code.	100065

(G) "Hospital" has the same meaning as in section 3727.01 of	100066
the Revised Code.	100067

(H) "Hospital long-term care unit" means any distinct part of	100068
a hospital in which any of the following beds are located:	100069

(1) Beds registered pursuant to section 3701.07 of the	100070
Revised Code as skilled nursing facility beds or long-term care	100071
beds;	100072

(2) Beds licensed as nursing home beds under section 3721.02	100073
or 3721.09 of the Revised Code.	100074

(I) "Indirect guarantee percentage" means the percentage	100075
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	100076
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	100077
1396b(w)(4)(C)(ii), that is to be used in determining whether a	100078
class of providers is indirectly held harmless for any portion of	100079
the costs of a broad-based health-care-related tax. If the	100080
indirect guarantee percentage changes during a fiscal year, the	100081
indirect guarantee percentage is the following:	100082

(1) For the part of the fiscal year before the change takes	100083
effect, the percentage in effect before the change;	100084

(2) For the part of the fiscal year beginning with the date	100085
the indirect guarantee percentage changes, the new percentage.	100086

(J) "Medicaid days" ~~has the same meaning as in section~~	100087
~~5111.01 of the Revised Code.~~	100088

~~(K) "Medicare" means the program established by Title XVIII.~~

100089

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	100090
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	100091

~~(M)~~(K)(1) "Nursing home" means all of the following:

100092

(a) A nursing home licensed under section 3721.02 or 3721.09	100093
of the Revised Code, including any part of a home for the aging	100094
licensed as a nursing home;	100095

(b) A facility or part of a facility, other than a hospital,	100096
that is certified as a skilled nursing facility under Title XVIII;	100097

(c) A nursing facility, other than a portion of a hospital	100098
certified as a nursing facility.	100099

(2) "Nursing home" does not include either of the following:

100100

(a) A county home, county nursing home, or district home	100101
operated pursuant to Chapter 5155. of the Revised Code;	100102

(b) A nursing home maintained and operated by the department	100103
of veterans services under section 5907.01 of the Revised Code.	100104

~~(N)~~(L) "Operator" means the person or government entity	100105
responsible for the daily operating and management decisions for a	100106
nursing home or hospital.	100107

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	100108
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	100109

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	100110
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	100111
seq.	100112

Sec. 5168.41. (A) The franchise permit fee rate shall be	100113
determined for each fiscal year as follows:	100114

(1) Determine the estimated total net patient revenues for	100115
all nursing homes and hospital long-term care units for the fiscal	100116
year;	100117

(2) Multiply the estimated total net patient revenues	100118
determined under division (A)(1) of this section by the lesser of	100119
the following:	100120

(a) The indirect guarantee percentage;

100121

(b) Six per cent.

100122

(3) Divide the product determined under division (A)(2) of	100123
this section by the number of days in the fiscal year;	100124

(4) Determine the sum of the following:

100125

(a) The total number of beds in all nursing homes and	100126
hospital long-term care units that are subject to the franchise	100127
permit fee for the fiscal year;	100128

(b) The total number of nursing home beds that are exempt	100129
from the franchise permit fee for the fiscal year because of the	100130
waiver obtained pursuant to section 5168.43 of the Revised Code.	100131

(5) Divide the quotient determined under division (A)(3) of	100132
this section by the sum determined under division (A)(4) of this	100133
section.	100134

(B) In determining the estimated total net patient revenues	100135
for all nursing homes and hospital long-term care units for a	100136
fiscal year, the department of medicaid shall use at least all of	100137
the following:	100138

(1) Information from medicaid cost reports filed under	100139
section 5165.10 of the Revised Code that are the most recent at	100140
the time the determination is made;	100141

(2) The projected total medicaid payment rates for nursing	100142
facility services for the fiscal year;	100143

(3) The projected total number of medicaid days for the	100144
fiscal year.	100145

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	100146
~~services~~medicaid shall do all of the following:	100147

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	100148
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	100149
of this section and for the purposes specified in section ~~3721.56~~	100150
5168.54 of the Revised Code, determine an annual franchise permit	100151
fee on each nursing home in an amount equal to the franchise	100152
permit fee rate multiplied by the product of the following:	100153

(1) The number of beds licensed as nursing home beds, plus	100154
any other beds certified as skilled nursing facility beds under	100155
Title XVIII or nursing facility beds under Title XIX on the first	100156
day of May of the calendar year in which the fee is determined	100157
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	100158
Code;	100159

(2) The number of days in the fiscal year beginning on the	100160
first day of July of the calendar year in which the fee is	100161
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	100162
the Revised Code.	100163

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	100164
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	100165
of this section and for the purposes specified in section ~~3721.56~~	100166
5168.54 of the Revised Code, determine an annual franchise permit	100167
fee on each hospital in an amount equal to the franchise permit	100168
fee rate multiplied by the product of the following:	100169

(1) The number of beds registered pursuant to section 3701.07	100170
of the Revised Code as skilled nursing facility beds or long-term	100171
care beds, plus any other beds licensed as nursing home beds under	100172
section 3721.02 or 3721.09 of the Revised Code, on the first day	100173
of May of the calendar year in which the fee is determined	100174
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	100175
Code;	100176

(2) The number of days in the fiscal year beginning on the	100177
first day of July of the calendar year in which the fee is	100178
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	100179
the Revised Code.	100180

(C) If the total amount of the franchise permit fee assessed	100181
under divisions (A) and (B) of this section for a fiscal year	100182
exceeds the indirect guarantee percentage of the actual net	100183
patient revenue for all nursing homes and hospital long-term care	100184
units for that fiscal year and seventy-five per cent or more of	100185
the combined total number of nursing homes and hospital long-term	100186
care units receive enhanced medicaid payments or other state	100187
payments equal to seventy-five per cent or more of their total	100188
franchise permit fee assessments, do both of the following:	100189

(1) Recalculate the assessments under divisions (A) and (B)	100190
of this section using a per bed per day rate equal to the indirect	100191
guarantee percentage of actual net patient revenue for all nursing	100192
homes and hospital long-term care units for that fiscal year;	100193

(2) Refund the difference between the amount of the franchise	100194
permit fee assessed for that fiscal year under divisions (A) and	100195
(B) of this section and the amount recalculated under division	100196
(C)(1) of this section as a credit against the assessments imposed	100197
under divisions (A) and (B) of this section for the subsequent	100198
fiscal year.	100199

(D) If the United States centers for medicare and medicaid	100200
services determines that the franchise permit fee established by	100201
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	100202
an impermissible health care-related tax under ~~section 1903(w) of~~	100203
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	100204
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	100205
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	100206
the Revised Code in accordance with rules adopted under section	100207
~~3721.58~~5168.56 of the Revised Code.	100208

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	100209
July 17, 2009, the department of ~~job and family services~~medicaid	100210
shall apply to the United States secretary of health and human	100211
services for a waiver under the "Social Security Act," section	100212
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	100213
of the following regarding the franchise permit fee assessed under	100214
section ~~3721.51~~5168.42 of the Revised Code:	100215

(1) Reduce the franchise permit fee rate to zero dollars for	100216
each nursing home licensed under section 3721.02 or 3721.09 of the	100217
Revised Code to which either of the following applies:	100218

(a) The nursing home:

100219

(i) Is exempt from state taxation under section 140.08 of the	100220
Revised Code or is exempt from state taxation as a home for the	100221
aged as defined in section 5701.13 of the Revised Code;	100222

(ii) Is exempt from federal income taxation under section 501	100223
of the Internal Revenue Code of 1986;	100224

(iii) Does not participate in medicaid or medicare; and

100225

(iv) Provides services for the life of each resident without	100226
regard to the resident's ability to secure payment for the	100227
services.	100228

(b) The nursing home:

100229

(i) Has had a written affiliation agreement with a university	100230
in this state for education and research related to Alzheimer's	100231
disease for each of the twenty years preceding July 17, 2009, and	100232
has such an agreement on July 17, 2009;	100233

(ii) Was constructed pursuant to a certificate of need	100234
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	100235
assembly; and	100236

(iii) Does not participate in medicaid or medicare.

100237

(2) For each nursing facility with more than two hundred beds	100238
certified as nursing facility beds under Title XIX, reduce the	100239
franchise permit fee rate for a number of the nursing facility's	100240
beds specified by the department to the amount necessary to obtain	100241
approval of the waiver sought under this section.	100242

(B) The effective date of the waiver sought under this	100243
section shall be the first day of the quarter beginning after the	100244
United States secretary approves the waiver.	100245

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	100246
health and human services approves the waiver sought under section	100247
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	100248
~~family services~~medicaid shall, for each nursing home and hospital	100249
that qualifies for a reduction of its franchise permit fee rate	100250
under the waiver, reduce the franchise permit fee rate in	100251
accordance with the terms of the waiver. For purposes of the first	100252
fiscal year during which the waiver takes effect, the department	100253
shall determine the amount of the reduction not later than the	100254
effective date of the waiver and shall mail to each nursing home	100255
and hospital qualifying for the reduction notice of the reduction	100256
not later than the last day of the first month of the quarter that	100257
begins after the United States secretary approves the waiver. For	100258
purposes of subsequent fiscal years, the department shall make	100259
such determinations and mail such notices in accordance with	100260
section ~~3721.53~~5168.47 of the Revised Code.	100261

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	100262
health and human services approves the waiver sought under section	100263
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	100264
~~family services~~medicaid may do both of the following regarding	100265
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	100266
the Revised Code:	100267

(1) Determine how much money the franchise permit fee would	100268
have raised in a fiscal year if not for the waiver;	100269

(2) For each nursing home and hospital subject to the	100270
franchise permit fee, other than a nursing home or hospital that	100271
has its franchise permit fee rate reduced under section ~~3721.512~~	100272
5168.44 of the Revised Code, uniformly increase the amount of the	100273
franchise permit fee rate for a fiscal year to an amount that will	100274
have the franchise permit fee raise an amount of money that does	100275
not exceed the amount determined under division (A)(1) of this	100276
section for that fiscal year.	100277

(B) If the department increases the franchise permit fee rate	100278
in accordance with division (A) of this section for the first	100279
fiscal year during which the waiver takes effect, the department	100280
shall determine the amount of the increase not later than the	100281
effective date of the waiver and shall mail to each nursing home	100282
and hospital subject to the increase notice of the increase not	100283
later than the last day of the first month of the quarter that	100284
begins after the United States secretary approves the waiver. If	100285
the department increases the franchise permit fee rate in	100286
accordance with division (A) of this section for a subsequent	100287
fiscal year, the department shall make such determinations and	100288
mail such notices in accordance with section ~~3721.53~~5168.47 of	100289
the Revised Code.	100290

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	100291
of the following:	100292

(A) For the purpose of the determinations made under	100293
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	100294
Code and not later than the first day of each June, report to the	100295
department of ~~job and family services~~medicaid the following:	100296

(1) For each nursing home, the number of beds in the nursing	100297
home licensed on the preceding first day of May under section	100298
3721.02 or 3721.09 of the Revised Code or certified on that date	100299
under Title XVIII or Title XIX;	100300

(2) For each hospital, the number of beds in the hospital	100301
registered on the preceding first day of May pursuant to section	100302
3701.07 of the Revised Code as skilled nursing facility or	100303
long-term care beds or licensed on that date under section 3721.02	100304
or 3721.09 of the Revised Code as nursing home beds.	100305

(B) For the purpose of the redetermination under section	100306
~~3721.531~~5168.48 of the Revised Code and not later than the	100307
fifteenth day of each January, report to the department of ~~job and~~	100308
~~family services~~medicaid, for each nursing home and hospital, the	100309
number of beds for which a bed surrender occurred during the	100310
period beginning on the first day of May of the preceding calendar	100311
year and ending on the first day of January of the calendar year	100312
in which the redetermination is made.	100313

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	100314
of September of each year, the department of ~~job and family~~	100315
~~services~~medicaid shall determine the annual franchise permit fee	100316
for each nursing home and hospital in accordance with section	100317
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	100318
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	100319
the Revised Code.	100320

(B) Not later than the first day of October of each year, the	100321
department shall mail to each nursing home and hospital notice of	100322
the amount of the franchise permit fee that has been determined	100323
for the nursing home or hospital.	100324

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	100325
each nursing home and hospital shall pay its fee under section	100326
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	100327
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	100328
Revised Code, to the department in four installment payments not	100329
later than forty-five days after the last day of each October,	100330
December, March, and June.	100331

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	100332
February of each year, the department of ~~job and family services~~	100333
medicaid shall redetermine each nursing home's and hospital's	100334
franchise permit fee if one or more bed surrenders occur during	100335
the period beginning on the first day of May of the preceding	100336
calendar year and ending on the first day of January of the	100337
calendar year in which the redetermination is made.	100338

(B) In redetermining nursing homes' and hospitals' franchise	100339
permit fees under this section, the department shall do both of	100340
the following:	100341

(1) Provide for the redetermination to be conducted in a	100342
manner consistent with the terms of the waiver sought under	100343
section ~~3721.511~~5168.43 of the Revised Code;	100344

(2) Recalculate each nursing home's and hospital's franchise	100345
permit fee in accordance with division (A) or (B) of section	100346
~~3721.51~~5168.42 of the Revised Code with the following changes:	100347

(a) In the case of a nursing home or hospital for which one	100348
or more bed surrenders occurred during the period beginning on the	100349
first day of May of the preceding calendar year and ending on the	100350
first day of January of the calendar year in which the	100351
redetermination is made, the number of beds included in the	100352
calculation for the purpose of division (A)(1) or (B)(1) of	100353
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	100354
for which bed surrenders occurred during that period.	100355

(b) The number of days used in the calculation under division	100356
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	100357
shall be the number of days in the first half of the calendar year	100358
in which the redetermination is made.	100359

(c) The franchise permit fee rate shall reflect adjustments	100360
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	100361
Revised Code.	100362

(C) Not later than the first day of March of each year, the	100363
department shall mail to each nursing home and hospital notice of	100364
the amount of its redetermined franchise permit fee.	100365

(D) Each nursing home and hospital shall pay its redetermined	100366
fee to the department in two installment payments not later than	100367
forty-five days after the last day of March and June of the	100368
calendar year in which the redetermination is made.	100369

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	100370
undergoes a change of operator during a fiscal year, the	100371
responsibility for paying the franchise permit fee that was	100372
determined for the nursing home or hospital under section ~~3721.53~~	100373
5168.47 of the Revised Code, or redetermined for the nursing home	100374
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	100375
for that fiscal year shall be divided proportionally. The exiting	100376
operator shall be responsible for paying the amount of the fee	100377
that is for the part of the fiscal year that ends on the day	100378
before the effective date of the change of operator. The entering	100379
operator shall be responsible for paying the amount of the fee	100380
that is for the part of the fiscal year that begins on the	100381
effective date of the change of operator. The department of ~~job~~	100382
~~and family services~~medicaid is not required to mail a notice to	100383
the entering operator regarding the amount of that fiscal year's	100384
fee for which the entering operator is responsible.	100385

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	100386
directly bill its residents for the franchise permit fee paid	100387
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	100388
Code or otherwise directly pass the fee through to its residents.	100389

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	100390
pay the full amount of a franchise permit fee installment when	100391
due, the department of ~~job and family services~~medicaid may assess	100392
a five per cent penalty on the amount due for each month or	100393
fraction thereof the installment is overdue.	100394

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	100395
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	100396
the department of ~~job and family services~~medicaid may do any of	100397
the following if a nursing facility or hospital fails to pay the	100398
full amount of a franchise permit fee installment when due:	100399

(1) Withhold an amount less than or equal to the installment	100400
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	100401
Code from a medicaid payment due the nursing facility or hospital	100402
until the nursing facility or hospital pays the installment and	100403
penalty;	100404

(2) Offset an amount less than or equal to the installment	100405
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	100406
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	100407
hospital;	100408

(3) Terminate the nursing facility or hospital's medicaid	100409
provider agreement.	100410

(B) The department may offset a medicaid payment under	100411
division (A) of this section without providing notice to the	100412
nursing facility or hospital and without conducting an	100413
adjudication under Chapter 119. of the Revised Code.	100414

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	100415
appeal the fee assessed under section ~~3721.51~~5168.42 of the	100416
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	100417
~~3721.513~~5168.45 of the Revised Code, and redetermined under	100418
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	100419
that the department of ~~job and family services~~medicaid committed	100420
a material error in determining or redetermining the amount of the	100421
fee. A request for an appeal must be received by the department	100422
not later than fifteen days after the date the department mails	100423
the notice of the fee and must include written materials setting	100424
forth the basis for the appeal.	100425

(B) If a nursing home or hospital submits a request for an	100426
appeal within the time required under division (A) of this	100427
section, the department ~~of job and family services~~ shall hold a	100428
public hearing in Columbus not later than thirty days after the	100429
date the department receives the request for an appeal. The	100430
department shall, not later than ten days before the date of the	100431
hearing, mail a notice of the date, time, and place of the hearing	100432
to the nursing home or hospital. The department may hear all the	100433
requested appeals in one public hearing.	100434

(C) On the basis of the evidence presented at the hearing or	100435
any other evidence submitted by the nursing home or hospital, the	100436
department may adjust a fee. The department's decision is final.	100437

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	100438
state treasury the nursing home franchise permit fee fund. All	100439
payments and penalties paid by nursing homes and hospitals under	100440
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	100441
of the Revised Code shall be deposited into the fund. The fund	100442
shall also consist of money deposited into it pursuant to sections	100443
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	100444
of section 3769.08 of the Revised Code, the department of ~~job and~~	100445
~~family services~~medicaid shall use the money in the fund to make	100446
medicaid payments to providers of nursing facility services and	100447
providers of home and community-based services. Money in the fund	100448
may also be used for the residential state supplement program	100449
established under section ~~5119.69~~5119.41 of the Revised Code.	100450

(B) Any money remaining in the nursing home franchise permit	100451
fee fund after payments specified in division (A) of this section	100452
are made shall be retained in the fund. Any interest or other	100453
investment proceeds earned on money in the fund shall be credited	100454
to the fund and used to make medicaid payments in accordance with	100455
division (A) of this section.	100456

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	100457
~~services~~medicaid may make any investigation it considers	100458
appropriate to obtain information necessary to fulfill its duties	100459
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	100460
Code. At the request of the department, the attorney general shall	100461
aid in any such investigations. The attorney general shall	100462
institute and prosecute all necessary actions for the enforcement	100463
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	100464
Code, except that at the request of the attorney general, the	100465
county prosecutor of the county in which a nursing home or	100466
hospital that has failed to comply with sections ~~3721.50~~5168.40	100467
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	100468
and prosecute any necessary action against the nursing home or	100469
hospital.	100470

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	100471
~~family services~~ shall adopt rules in accordance with Chapter 119.	100472
of the Revised Code to do both of the following:	100473

(A) Prescribe the actions the department of ~~job and family~~	100474
~~services~~medicaid will take to cease implementation of sections	100475
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	100476
the United States centers for medicare and medicaid services	100477
determines that the franchise permit fee established by those	100478
sections is an impermissible health-care related tax under ~~section~~	100479
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	100480
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	100481

(B) Establish any requirements or procedures the director	100482
considers necessary to implement sections ~~3721.50~~5168.40 to	100483
~~3721.58~~5168.56 of the Revised Code.	100484

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	100485
~~5112.39~~5168.71 of the Revised Code:	100486

(A) "Franchise permit fee rate" means the following:

100487

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	100488
~~ninety-nine~~twenty-four cents;	100489

(2) For fiscal year ~~2013~~2015 and each fiscal year	100490
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	100491

(B) "Indirect guarantee percentage" means the percentage	100492
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	100493
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	100494
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	100495
whether a class of providers is indirectly held harmless for any	100496
portion of the costs of a broad-based health-care-related tax. If	100497
the indirect guarantee percentage changes during a fiscal year,	100498
the indirect guarantee percentage is the following:	100499

(1) For the part of the fiscal year before the change takes	100500
effect, the percentage in effect before the change;	100501

(2) For the part of the fiscal year beginning with the date	100502
the indirect guarantee percentage changes, the new percentage.	100503

(C) "~~Intermediate care facility for the mentally retarded~~	100504
ICF/MR" has the same meaning as in section ~~5111.20~~5124.01 of the	100505
Revised Code~~, except that, until August 1, 2009, it does not~~	100506
~~include any such facility operated by the department of~~	100507
~~developmental disabilities~~.	100508

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	100509
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	100510

(E) "Provider agreement" has the same meaning as in section	100511
5124.01 of the Revised Code.	100512

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	100513
~~services~~developmental disabilities shall do all of the	100514
following:	100515

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	100516
and divisions (B) and (C) of this section and for the purposes	100517
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	100518
for each fiscal year each ~~intermediate care facility for the~~	100519
~~mentally retarded~~ICF/MR a franchise permit fee equal to the	100520
franchise permit fee rate multiplied by the product of the	100521
following:	100522

(1) The ~~number of beds certified under Title XIX of the~~	100523
~~"Social Security Act"~~ICF/MR's medicaid-certified capacity on the	100524
first day of May of the calendar year in which the assessment is	100525
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	100526
the Revised Code;	100527

(2) The number of days in the fiscal year.

100528

(B) If the total amount of the franchise permit fee assessed	100529
under division (A) of this section for a fiscal year exceeds the	100530
indirect guarantee percentage of the actual net patient revenue	100531
for all ~~intermediate care facilities for the mentally retarded~~	100532
ICFs/MR for that fiscal year and seventy-five per cent or more of	100533
the total number of ~~intermediate care facilities for the mentally~~	100534
~~retarded~~ICFs/MR receive enhanced medicaid payments or other	100535
state payments equal to seventy-five per cent or more of their	100536
total franchise permit fee assessments, do both of the following:	100537

(1) Recalculate the assessments under division (A) of this	100538
section using a per bed per day rate equal to the indirect	100539
guarantee percentage of actual net patient revenue for all	100540
~~intermediate care facilities for the mentally retarded~~ICFs/MR for	100541
that fiscal year;	100542

(2) Refund the difference between the amount of the franchise	100543
permit fee assessed for that fiscal year under division (A) of	100544
this section and the amount recalculated under division (B)(1) of	100545
this section as a credit against the assessments imposed under	100546
division (A) of this section for the subsequent fiscal year.	100547

(C) If the United States secretary of health and human	100548
services determines that the franchise permit fee established by	100549
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	100550
would be an impermissible health care-related tax under ~~section~~	100551
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	100552
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	100553
necessary actions to cease implementation of those sections in	100554
accordance with rules adopted under section ~~5112.39~~5168.71 of the	100555
Revised Code.	100556

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	100557
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	100558
Code and not later than the first day of each June, the department	100559
of developmental disabilities shall:	100560

~~(A) Not later than August 1, 1993, report to the department~~	100561
~~of job and family services the number of beds in each intermediate~~	100562
~~care facility for the mentally retarded certified on July 1, 1993,~~	100563
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	100564
~~42 U.S.C.A. 301, as amended;~~	100565

~~(B) Not later than June 1, 1994, and the first day of each~~	100566
~~June thereafter,~~ report to the department of ~~job and family~~	100567
~~services~~medicaid the number of beds in each ~~such facility~~	100568
~~certified~~ICF/MR on the preceding first day of May ~~under that~~	100569
~~title~~.	100570

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	100571
of August of each year, the department of ~~job and family services~~	100572
developmental disabilities shall determine the annual franchise	100573
permit fee for each ~~intermediate care facility for the mentally~~	100574
~~retarded~~ICF/MR in accordance with section ~~5112.31~~5168.61 of the	100575
Revised Code.	100576

(B) Not later than the first day of September of each year,	100577
the department shall mail to each ~~intermediate care facility for~~	100578
~~the mentally retarded~~ICF/MR notice of the amount of the franchise	100579
permit fee the ~~facility~~ICF/MR has been assessed under section	100580
~~5112.31~~5168.61 of the Revised Code.	100581

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	100582
each ~~intermediate care facility for the mentally retarded~~ICF/MR	100583
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	100584
Code to the department in quarterly installment payments not later	100585
than forty-five days after the last day of each September,	100586
December, March, and June.	100587

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	100588
on the first day of May of a calendar year and ending on the first	100589
day of January of the immediately following calendar year, the	100590
operator of an ~~intermediate care facility for the mentally~~	100591
~~retarded~~ICF/MR converts, pursuant to section ~~5111.874~~5124.60 of	100592
the Revised Code, one or more of the ~~facility's~~ICF/MR's beds to	100593
providing home and community-based services, the department of	100594
~~job and family services~~developmental disabilities shall do the	100595
following:	100596

(1) If the ~~facility's~~ICF/MR's medicaid certification is	100597
terminated because of the conversion, terminate the ~~facility's~~	100598
ICF/MR's franchise permit fee effective on the first day of the	100599
quarter immediately following the quarter in which the department	100600
receives the notice of the conversion from the director of health;	100601

(2) If the ~~facility's certified~~ICF/MR's medicaid-certified	100602
capacity ~~under medicaid~~ is reduced because of the conversion,	100603
redetermine the ~~facility's~~ICF/MR's franchise permit fee in	100604
accordance with division (B) of this section for the second half	100605
of the fiscal year for which the fee is assessed.	100606

(B)(1) To redetermine an ~~intermediate care facility for the~~	100607
~~mentally retarded's~~ICF/MR's franchise permit fee, the department	100608
shall multiply the franchise permit fee rate by the product of the	100609
following:	100610

(a) The ~~number of the facility's beds that remain certified~~	100611
~~under Title XIX of the "Social Security Act"~~ICF/MR's	100612
medicaid-certified capacity as of the date the conversion takes	100613
effect;	100614

(b) The number of days in the second half of the fiscal year	100615
for which the redetermination is made.	100616

(2) The ~~intermediate care facility for the mentally retarded~~	100617
ICF/MR shall pay its franchise permit fee as redetermined under	100618
division (B)(1) of this section in installment payments not later	100619
than forty-five days after the last day of March and June of the	100620
fiscal year for which the redetermination is made.	100621

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	100622
~~the mentally retarded~~ICF/MR fails to pay the full amount of an	100623
installment when due, the department of ~~job and family services~~	100624
developmental disabilities may assess a five per cent penalty on	100625
the amount due for each month or fraction thereof the installment	100626
is overdue.	100627

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	100628
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	100629
the department of ~~job and family services~~developmental	100630
disabilities may do any of the following if an ~~intermediate care~~	100631
~~facility for the mentally retarded~~ICF/MR fails to pay the full	100632
amount of a franchise permit fee installment when due:	100633

(1) Withhold an amount less than or equal to the installment	100634
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	100635
Code from a medicaid payment due the ~~facility~~ICF/MR until the	100636
~~facility~~ICF/MR pays the installment and penalty;	100637

(2) Offset an amount less than or equal to the installment	100638
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	100639
Code from a medicaid payment due the ~~facility~~ICF/MR;	100640

(3) ~~Terminate~~Provide for the department of medicaid to	100641
terminate the ~~facility's medicaid~~ICF/MR's provider agreement.	100642

(B) The department may offset a medicaid payment under	100643
division (A) of this section without providing notice to the	100644
~~intermediate care facility for the mentally retarded~~ICF/MR and	100645
without conducting an adjudication under Chapter 119. of the	100646
Revised Code.	100647

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	100648
~~the mentally retarded~~ICF/MR may appeal the franchise permit fee	100649
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	100650
on the grounds that the department of ~~job and family services~~	100651
developmental disabilities committed a material error in	100652
determining the amount of the fee. A request for an appeal must be	100653
received by the department not later than fifteen days after the	100654
date the department mails the notice of the fee and must include	100655
written materials setting forth the basis for the appeal.	100656

(B) If an ~~intermediate care facility for the mentally~~	100657
~~retarded~~ICF/MR submits a request for an appeal within the time	100658
required under division (A) of this section, the department shall	100659
hold a public hearing in Columbus not later than thirty days after	100660
the date the department receives the request for an appeal. The	100661
department shall, not later than ten days before the date of the	100662
hearing, mail a notice of the date, time, and place of the hearing	100663
to the ~~facility~~ICF/MR. The department may hear all requested	100664
appeals in one public hearing.	100665

(C) On the basis of the evidence presented at the hearing or	100666
any other evidence submitted by the ~~intermediate care facility for~~	100667
~~the mentally retarded~~ICF/MR, the department may adjust a fee. The	100668
department's decision is final.	100669

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	100670
treasury the home and community-based services for the mentally	100671
retarded and developmentally disabled fund. All installment	100672
payments and penalties paid by an ~~intermediate care facility for~~	100673
~~the mentally retarded~~ICF/MR under sections ~~5112.33~~5168.63 and	100674
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	100675
fund. As soon as possible after the end of each quarter, the	100676
medicaid director ~~of job and family services~~ shall certify to the	100677
director of budget and management the amount of money that is in	100678
the fund as of the last day of that quarter. On receipt of a	100679
certification, the director of budget and management shall	100680
transfer the amount so certified from the home and community-based	100681
services for the mentally retarded and developmentally disabled	100682
fund to the department of developmental disabilities operating and	100683
services fund created under section ~~5112.371~~5168.69 of the	100684
Revised Code.	100685

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	100686
treasury the department of developmental disabilities operating	100687
and services fund. The fund shall consist of the money transferred	100688
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	100689
in the fund shall be used for the expenses of the programs that	100690
the department of developmental disabilities administers and the	100691
department's administrative expenses.	100692

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	100693
~~services~~developmental disabilities may make any investigation it	100694
considers appropriate to obtain information necessary to fulfill	100695
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	100696
the Revised Code. At the request of the department, the attorney	100697
general shall aid in any such investigations. The attorney general	100698
shall institute and prosecute all necessary actions for the	100699
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	100700
Revised Code, except that at the request of the attorney general,	100701
the county prosecutor of the county in which an ~~intermediate care~~	100702
~~facility for the mentally retarded~~ICF/MR that has failed to	100703
comply with those sections is located shall institute and	100704
prosecute any necessary action against the ~~facility~~ICF/MR.	100705

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	100706
authorized by section 5162.021 of the Revised Code, the director	100707
of ~~job and family services~~developmental disabilities shall adopt	100708
rules in accordance with Chapter 119. of the Revised Code to do	100709
both of the following:	100710

(A) Prescribe the actions the department of developmental	100711
disabilities will take to cease implementation of sections ~~5112.30~~	100712
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	100713
States secretary of health and human services determines that the	100714
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	100715
Revised Code is an impermissible health care-related tax under	100716
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	100717
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	100718

(B) Establish any other requirements or procedures the	100719
director considers necessary to implement sections ~~5112.30~~5168.60	100720
to ~~5112.39~~5168.71 of the Revised Code.	100721

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	100722
~~family services~~ shall impose a penalty for each day that a	100723
hospital fails to report the information required under section	100724
~~5112.04~~5168.05 of the Revised Code on or before the dates	100725
specified in that section. The amount of the penalty shall be	100726
established by the director in rules adopted under section ~~5112.03~~	100727
5168.02 of the Revised Code.	100728

(B) In addition to any other remedy available to the	100729
department of ~~job and family services~~medicaid under law to	100730
collect unpaid assessments and transfers under sections ~~5112.01~~	100731
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	100732
shall impose a penalty of ten per cent of the amount due on any	100733
hospital that fails to pay assessments or make intergovernmental	100734
transfers by the dates required by rules adopted under section	100735
~~5112.03~~5168.02 of the Revised Code.	100736

(C) In addition to any other remedy available to the	100737
department of ~~job and family services~~medicaid under law to	100738
collect unpaid assessments imposed under section ~~5112.41~~5168.21	100739
of the Revised Code, the director shall impose a penalty of ten	100740
per cent of the amount due on any hospital that fails to pay the	100741
assessment by the date it is due.	100742

(D) The director shall waive the penalties provided for in	100743
this section for good cause shown by the hospital.	100744

(E) All penalties imposed under this section shall be	100745
deposited into the health care administration fund created by	100746
section ~~5111.94~~5162.54 of the Revised Code.	100747

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	100748
~~services~~medicaid may offset the amount of a hospital's unpaid	100749
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	100750
from one or more payments due the hospital under the medicaid	100751
program. The total amount that may be offset from one or more	100752
payments shall not exceed the amount of the unpaid penalty.	100753

Sec. 5302.221. (A) As used in this section:

100754

"Estate" has the same meaning as in section ~~5111.11~~5162.21	100755
of the Revised Code.	100756

"Medicaid estate recovery program" means the program	100757
instituted under section ~~5111.11~~5162.21 of the Revised Code.	100758

(B) The administrator of the medicaid estate recovery program	100759
shall prescribe a form on which a beneficiary of a transfer on	100760
death designation affidavit as provided in section 5302.22 of the	100761
Revised Code, who survives the deceased owner of the real property	100762
or an interest in the real property or that is in existence on the	100763
date of death of the deceased owner, or that beneficiary's	100764
representative is to indicate both of the following:	100765

(1) Whether the deceased owner was either of the following:

100766

(a) A decedent subject to the medicaid estate recovery	100767
program;	100768

(b) The spouse of a decedent subject to the medicaid estate	100769
recovery program.	100770

(2) Whether the real property or interest in the real	100771
property was part of the estate of a decedent subject to the	100772
medicaid estate recovery program.	100773

(C) A county recorder shall obtain a properly completed form	100774
prescribed under division (B) of this section from the beneficiary	100775
of a transfer on death designation affidavit or the beneficiary's	100776
representative and send a copy of the form to the administrator of	100777
the medicaid estate recovery program before recording the transfer	100778
of the real property or interest in the real property under	100779
section 5302.222 of the Revised Code.	100780

Sec. 5309.082. (A) As used in this section:

100781

"Estate" has the same meaning as in section ~~5111.11~~5162.21	100782
of the Revised Code.	100783

"Medicaid estate recovery program" means the program	100784
instituted under section ~~5111.11~~5162.21 of the Revised Code.	100785

(B) The administrator of the medicaid estate recovery program	100786
shall prescribe a form on which a surviving tenant under a	100787
survivorship tenancy or such a surviving tenant's representative	100788
is to indicate both of the following:	100789

(1) Whether the deceased survivorship tenant was either of	100790
the following:	100791

(a) A decedent subject to the medicaid estate recovery	100792
program;	100793

(b) The spouse of a decedent subject to the medicaid estate	100794
recovery program.	100795

(2) Whether the registered land under a survivorship tenancy	100796
was part of the estate of a decedent subject to the medicaid	100797
estate recovery program.	100798

(C) A county recorder shall obtain a properly completed form	100799
prescribed under division (B) of this section from the surviving	100800
tenant under a survivorship tenancy or the surviving tenant's	100801
representative and send a copy of the form to the administrator of	100802
the medicaid estate recovery program before registering the title	100803
in the surviving tenants under section 5309.081 of the Revised	100804
Code.	100805

Sec. 5505.12. (A) The state highway patrol retirement board	100806
shall have prepared annually by or under the supervision of an	100807
actuary an actuarial valuation of the pension assets, liabilities,	100808
and funding requirements of the state highway patrol retirement	100809
system as established pursuant to this chapter. The actuary shall	100810
complete the valuation in accordance with actuarial standards of	100811
practice promulgated by the actuarial standards board of the	100812
American academy of actuaries and prepare a report of the	100813
valuation. The report shall include all of the following:	100814

(1) A summary of the benefit provisions evaluated;

100815

(2) A summary of the census data and financial information	100816
used in the valuation;	100817

(3) A description of the actuarial assumptions, actuarial	100818
cost method, and asset valuation method used in the valuation,	100819
including a statement of the assumed rate of payroll growth and	100820
assumed rate of growth or decline in the number of members	100821
contributing to the retirement system;	100822

(4) A summary of findings that includes a statement of the	100823
actuarial accrued pension liabilities and unfunded actuarial	100824
accrued pension liabilities;	100825

(5) A schedule showing the effect of any changes in the	100826
benefit provisions, actuarial assumptions, or cost methods since	100827
the last annual actuarial valuation;	100828

(6) A statement of whether contributions to the retirement	100829
system are expected to be sufficient to satisfy the funding	100830
objectives established by the board.	100831

The board shall submit the report to the Ohio retirement	100832
study council, the director of budget and management, and the	100833
standing committees of the house of representatives and the senate	100834
with primary responsibility for retirement legislation immediately	100835
upon its availability and not later than the first day of July	100836
following the year for which the valuation was made.	100837

(B) At such times as the state highway patrol retirement	100838
board determines, and at least once in each five-year period after	100839
January 1, 1966, the board shall have prepared by or under the	100840
supervision of an actuary an actuarial investigation of the	100841
mortality, service, and other experience of the members,	100842
retirants, and beneficiaries to update the actuarial assumptions	100843
used in the actuarial valuation required by division (A) of this	100844
section. The actuary shall prepare a report of the actuarial	100845
investigation. The report shall be prepared and any recommended	100846
changes in actuarial assumptions shall be made in accordance with	100847
the actuarial standards of practice promulgated by the actuarial	100848
standards board of the American academy of actuaries. The report	100849
shall include all of the following:	100850

(1) A summary of relevant decrement and economic assumption	100851
experience observed over the period of the investigation;	100852

(2) Recommended changes in actuarial assumptions to be used	100853
in subsequent actuarial valuations required by division (A) of	100854
this section;	100855

(3) A measurement of the financial effect of the recommended	100856
changes in actuarial assumptions;	100857

(4) If the investigation required by this division includes	100858
the investigation required by division (F) of this section, a	100859
report of the result of that investigation.	100860

The board shall submit the report to the Ohio retirement	100861
study council and the standing committees of the house of	100862
representatives and the senate with primary responsibility for	100863
retirement legislation not later than the first day of November	100864
following the last fiscal year of the period the report covers.	100865

(C) The board may at any time request the actuary to make any	100866
studies or actuarial valuations to determine the adequacy of the	100867
rates of contributions provided by section 5505.15 of the Revised	100868
Code.	100869

(D) The board shall have prepared by or under the supervision	100870
of an actuary an actuarial analysis of any introduced legislation	100871
expected to have a measurable financial impact on the retirement	100872
system. The actuarial analysis shall be completed in accordance	100873
with the actuarial standards of practice promulgated by the	100874
actuarial standards board of the American academy of actuaries.	100875
The actuary shall prepare a report of the actuarial analysis,	100876
which shall include all of the following:	100877

(1) A summary of the statutory changes that are being	100878
evaluated;	100879

(2) A description of or reference to the actuarial	100880
assumptions and actuarial cost method used in the report;	100881

(3) A description of the participant group or groups included	100882
in the report;	100883

(4) A statement of the financial impact of the legislation,	100884
including the resulting increase, if any, in the employer normal	100885
cost percentage; the increase, if any, in actuarial accrued	100886
liabilities; and the per cent of payroll that would be required to	100887
amortize the increase in actuarial accrued liabilities as a level	100888
per cent of covered payroll for all active members over a period	100889
not to exceed thirty years;	100890

(5) A statement of whether the scheduled contributions to the	100891
system after the proposed change is enacted are expected to be	100892
sufficient to satisfy the funding objectives established by the	100893
board.	100894

Not later than sixty days from the date of introduction of	100895
the legislation, the board shall submit a copy of the actuarial	100896
analysis to the legislative service commission, the standing	100897
committees of the house of representatives and the senate with	100898
primary responsibility for retirement legislation, and the Ohio	100899
retirement study council.	100900

(E) The board shall have prepared annually a report giving a	100901
full accounting of the revenues and costs relating to the	100902
provision of benefits under section 5505.28 of the Revised Code.	100903
The report shall be made as of December 31, 1997, and the	100904
thirty-first day of December of each year thereafter. The report	100905
shall include the following:	100906

(1) A description of the statutory authority for the benefits	100907
provided;	100908

(2) A summary of the benefits;

100909

(3) A summary of the eligibility requirements for the	100910
benefits;	100911

(4) A statement of the number of participants eligible for	100912
the benefits;	100913

(5) A description of the accounting, asset valuation, and	100914
funding method used to provide the benefits;	100915

(6) A statement of the net assets available for the provision	100916
of the benefits as of the last day of the fiscal year;	100917

(7) A statement of any changes in the net assets available	100918
for the provision of benefits, including participant and employer	100919
contributions, net investment income, administrative expenses, and	100920
benefits provided to participants, as of the last day of the	100921
fiscal year;	100922

(8) For the last six consecutive fiscal years, a schedule of	100923
the net assets available for the benefits, the annual cost of	100924
benefits, administrative expenses incurred, and annual employer	100925
contributions allocated for the provision of benefits;	100926

(9) A description of any significant changes that affect the	100927
comparability of the report required under this division;	100928

(10) A statement of the amount paid under division (B) of	100929
section 5505.28 of the Revised Code.	100930

The board shall submit the report to the Ohio retirement	100931
study council, the director of budget and management, and the	100932
standing committees of the house of representatives and the senate	100933
with primary responsibility for retirement legislation immediately	100934
upon its availability and not later than the thirtieth day of June	100935
following the year for which the report was made.	100936

(F) At least once in each five-year period, the board shall	100937
have prepared by or under the supervision of an actuary an	100938
actuarial investigation of the deferred retirement option plan	100939
established under section 5505.50 of the Revised Code. The	100940
investigation shall include an examination of the financial	100941
impact, if any, on the retirement system of offering the plan to	100942
members.	100943

The actuary shall prepare a report of the actuarial	100944
investigation. The report shall include a determination of whether	100945
the plan, as established or modified, has a negative financial	100946
impact on the retirement system and, if so, recommendations on how	100947
to modify the plan to eliminate the negative financial impact. If	100948
the actuarial report indicates that the plan has a negative	100949
financial impact on the retirement system, the board shall modify	100950
the plan. If the board modifies the plan, the rights and	100951
obligations of members who have already elected to participate	100952
shall not be altered.	100953

The state's contributions to the employer accumulation fund	100954
shall not be increased to offset any negative financial impact of	100955
the deferred retirement option plan.	100956

The board may include the actuarial investigation required	100957
under this division as part of the actuarial investigation	100958
required under division (B) of this section. If the report of the	100959
actuarial investigation required by this division is not included	100960
in the report required by division (B) of this section, the board	100961
shall submit the report required by this division to the Ohio	100962
retirement study council and the standing committees of the house	100963
of representatives and the senate with primary responsibility for	100964
retirement legislation not later than the first day of November	100965
following the last fiscal year of the period the report covers.	100966

Sec. 5507.46. (A) Prior to January 1, 2014:

100967

(1) A wireless service provider or reseller, not later than	100968
the last day of each month, shall remit the full amount of all	100969
wireless 9-1-1 charges it collected under division (A) of section	100970
5507.42 of the Revised Code for the second preceding calendar	100971
month to the Ohio 9-1-1 coordinator, with the exception of charges	100972
equivalent to the amount authorized as a billing and collection	100973
fee under division (A)(2) of this section. In doing so, the	100974
provider or reseller may remit the requisite amount in any	100975
reasonable manner consistent with its existing operating or	100976
technological capabilities, such as by customer address, location	100977
associated with the wireless telephone number, or another	100978
allocation method based on comparable, relevant data. If the	100979
wireless service provider or reseller receives a partial payment	100980
for a bill from a wireless service subscriber, the wireless	100981
service provider or reseller shall apply the payment first against	100982
the amount the subscriber owes the wireless service provider or	100983
reseller and shall remit to the coordinator such lesser amount, if	100984
any, as results from that invoice.	100985

(2) A wireless service provider or reseller may retain as a	100986
billing and collection fee two per cent of the total wireless	100987
9-1-1 charges it collects in a month and shall account to the	100988
coordinator for the amount retained.	100989

(3) The coordinator shall return to, or credit against the	100990
next month's remittance of, a wireless service provider or	100991
reseller the amount of any remittances the coordinator determines	100992
were erroneously submitted by the provider or reseller.	100993

(B) Beginning January 1, 2014:

100994

(1) Each seller of a prepaid wireless calling service,	100995
wireless service provider, and reseller shall, on or before the	100996
twenty-third day of each month, except as provided in divisions	100997
(B)(2) and (3) of this section, do both of the following:	100998

(a) Make and file a return for the preceding month, in the	100999
form prescribed by the tax commissioner, showing the amount of the	101000
wireless 9-1-1 charges due under section 5507.42 of the Revised	101001
Code for that month;	101002

(b) Remit the full amount due, as shown on the return, with	101003
the exception of charges equivalent to the amount authorized as a	101004
collection fee under division (B)(4) of this section.	101005

(2) The commissioner may grant one or more thirty-day	101006
extensions for making and filing returns and remitting amounts	101007
due.	101008

(3) If a seller is required to collect prepaid wireless 9-1-1	101009
charges in amounts that do not merit monthly returns, the	101010
commissioner may authorize the seller to make and file returns	101011
less frequently. The commissioner shall ascertain whether this	101012
authorization is warranted upon the basis of administrative costs	101013
to the state.	101014

(4) A wireless service provider, reseller, and seller may	101015
each retain as a collection fee three per cent of the total	101016
wireless 9-1-1 charges required to be collected under section	101017
5507.42 of the Revised Code, and shall account to the tax	101018
commissioner for the amount retained.	101019

(5) The return required under division (B)(1)(a) of this	101020
section shall be filed electronically using the Ohio business	101021
gateway, as defined in section 718.051 of the Revised Code, the	101022
Ohio telefile system, or any other electronic means prescribed by	101023
the tax commissioner. Remittance of the amount due shall be made	101024
electronically in a manner approved by the commissioner. A	101025
wireless service provider, reseller, or seller may apply to the	101026
commissioner on a form prescribed by the commissioner to be	101027
excused from either electronic requirement of this division. For	101028
good cause shown, the commissioner may excuse the provider,	101029
reseller, or seller from either or both of the requirements and	101030
may permit the provider, reseller, or seller to file returns or	101031
make remittances by nonelectronic means.	101032

(C)(1) Prior to January 1, 2014, each subscriber on which a	101033
wireless 9-1-1 charge is imposed under division (A) of section	101034
5507.42 of the Revised Code is liable to the state for the amount	101035
of the charge. If a wireless service provider or reseller fails to	101036
collect the charge under that division from a subscriber of	101037
prepaid wireless service, or fails to bill any other subscriber	101038
for the charge, the wireless service provider or reseller is	101039
liable to the state for the amount not collected or billed. If a	101040
wireless service provider or reseller collects charges under that	101041
division and fails to remit the money to the coordinator, the	101042
wireless service provider or reseller is liable to the state for	101043
any amount collected and not remitted.	101044

(2) Beginning January 1, 2014:

101045

(a) Each subscriber or consumer on which a wireless 9-1-1	101046
charge is imposed under section 5507.42 of the Revised Code is	101047
liable to the state for the amount of the charge. If a wireless	101048
service provider or reseller fails to bill or collect the charge,	101049
or if a seller fails to collect the charge, the provider,	101050
reseller, or seller is liable to the state for the amount not	101051
billed or collected. If a provider, reseller, or seller fails to	101052
remit money to the tax commissioner as required under this	101053
section, the provider, reseller, or seller is liable to the state	101054
for the amount not remitted, regardless of whether the amount was	101055
collected.	101056

(b) No provider of a prepaid wireless calling service shall	101057
be liable to the state for any wireless 9-1-1 charge imposed under	101058
division (B)(1) of section 5507.42 of the Revised Code that was	101059
not collected or remitted.	101060

(D) Prior to January 1, 2014:

101061

(1) If the public utilities commission has reason to believe	101062
that a wireless service provider or reseller has failed to bill,	101063
collect, or remit the wireless 9-1-1 charge as required by	101064
divisions (A)(1) and (C)(1) of this section or has retained more	101065
than the amount authorized under division (A)(2) of this section,	101066
and after written notice to the provider or reseller, the	101067
commission may audit the provider or reseller for the sole purpose	101068
of making such a determination. The audit may include, but is not	101069
limited to, a sample of the provider's or reseller's billings,	101070
collections, remittances, or retentions for a representative	101071
period, and the commission shall make a good faith effort to reach	101072
agreement with the provider or reseller in selecting that sample.	101073

(2) Upon written notice to the wireless service provider or	101074
reseller, the commission, by order after completion of the audit,	101075
may make an assessment against the provider or reseller if,	101076
pursuant to the audit, the commission determines that the provider	101077
or reseller has failed to bill, collect, or remit the wireless	101078
9-1-1 charge as required by divisions (A)(1) and (C)(1) of this	101079
section or has retained more than the amount authorized under	101080
division (A)(2) of this section. The assessment shall be in the	101081
amount of any remittance that was due and unpaid on the date	101082
notice of the audit was sent by the commission to the provider or	101083
reseller or, as applicable, in the amount of the excess amount	101084
under division (A)(2) of this section retained by the provider or	101085
reseller as of that date.	101086

(3) The portion of any assessment not paid within sixty days	101087
after the date of service by the commission of the assessment	101088
notice under division (D)(2) of this section shall bear interest	101089
from that date until paid at the rate per annum prescribed by	101090
section 5703.47 of the Revised Code. That interest may be	101091
collected by making an assessment under division (D)(2) of this	101092
section. An assessment under this division and any interest due	101093
shall be remitted in the same manner as the wireless 9-1-1 charge	101094
imposed under division (A) of section 5507.42 of the Revised Code.	101095

(4) An assessment is final and due and payable and shall be	101096
remitted to the commission unless the assessed party petitions for	101097
rehearing under section 4903.10 of the Revised Code. The	101098
proceedings of the commission specified in division (D)(4) of this	101099
section are subject to and governed by Chapter 4903. of the	101100
Revised Code, except that the court of appeals of Franklin county	101101
has exclusive, original jurisdiction to review, modify, or vacate	101102
an order of the commission under division (D)(2) of this section.	101103
The court shall hear and determine such appeal in the same manner	101104
and under the same standards as the Ohio supreme court hears and	101105
determines appeals under Chapter 4903. of the Revised Code.	101106

The judgment of the court of appeals is final and conclusive	101107
unless reversed, vacated, or modified on appeal. Such an appeal	101108
may be made by the commission or the person to whom the order	101109
under division (D)(2) of this section was issued and shall proceed	101110
as in the case of appeals in civil actions as provided in Chapter	101111
2505. of the Revised Code.	101112

(5) After an assessment becomes final, if any portion of the	101113
assessment remains unpaid, including accrued interest, a certified	101114
copy of the commission's entry making the assessment final may be	101115
filed in the office of the clerk of the court of common pleas in	101116
the county in which the place of business of the assessed party is	101117
located. If the party maintains no place of business in this	101118
state, the certified copy of the entry may be filed in the office	101119
of the clerk of the court of common pleas of Franklin county.	101120
Immediately upon the filing, the clerk shall enter a judgment for	101121
the state against the assessed party in the amount shown on the	101122
entry. The judgment may be filed by the clerk in a loose-leaf book	101123
entitled "special judgments for wireless 9-1-1 charges" and shall	101124
have the same effect as other judgments. The judgment shall be	101125
executed upon the request of the commission.	101126

(6) An assessment under this division does not discharge a	101127
subscriber's liability to reimburse the provider or reseller for	101128
the wireless 9-1-1 charge imposed under division (A) of section	101129
5507.42 of the Revised Code. If, after the date of service of the	101130
audit notice under division (D)(1) of this section, a subscriber	101131
pays a wireless 9-1-1 charge for the period covered by the	101132
assessment, the payment shall be credited against the assessment.	101133

(7) All money collected by the commission under division (D)	101134
of this section shall be paid to the treasurer of state, for	101135
deposit to the credit of the wireless 9-1-1 government assistance	101136
fund.	101137

(E) Beginning January 1, 2014:

101138

(1) If the tax commissioner has reason to believe that a	101139
wireless service provider, reseller, or seller has failed to bill,	101140
collect, or remit the wireless 9-1-1 charge as required by this	101141
section and section 5507.42 of the Revised Code or has retained	101142
more than the amount authorized under division (B)(4) of this	101143
section, and after written notice to the provider, reseller, or	101144
seller, the tax commissioner may audit the provider, reseller, or	101145
seller for the sole purpose of making such a determination. The	101146
audit may include, but is not limited to, a sample of the	101147
provider's, reseller's, or seller's billings, collections,	101148
remittances, or retentions for a representative period, and the	101149
tax commissioner shall make a good faith effort to reach agreement	101150
with the provider, reseller, or seller in selecting that sample.	101151

(2) Upon written notice to the wireless service provider,	101152
reseller, or seller, the tax commissioner, after completion of the	101153
audit, may make an assessment against the provider, reseller, or	101154
seller if, pursuant to the audit, the tax commissioner determines	101155
that the provider, reseller, or seller has failed to bill,	101156
collect, or remit the wireless 9-1-1 charge as required by this	101157
section and section 5507.42 of the Revised Code or has retained	101158
more than the amount authorized under division (B)(4) of this	101159
section. The assessment shall be in the amount of any remittance	101160
that was due and unpaid on the date notice of the audit was sent	101161
by the tax commissioner to the provider, reseller, or seller or,	101162
as applicable, in the amount of the excess amount under division	101163
(B)(4) of this section retained by the provider, reseller, or	101164
seller as of that date.	101165

(3) The portion of any assessment consisting of wireless	101166
9-1-1 charges due and not paid within sixty days after the date of	101167
~~service by the tax commissioner of~~that the assessment ~~notice~~was	101168
made under division (E)(2) of this section shall bear interest	101169
from that date until paid at the rate per annum prescribed by	101170
section 5703.47 of the Revised Code. That interest may be	101171
collected by making an assessment under division (E)(2) of this	101172
section. ~~An assessment under this division and any interest due~~	101173
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	101174
~~imposed under section 5507.42 of the Revised Code.~~	101175

(4) ~~The portion of the assessment not paid within sixty days~~	101176
~~after the day the assessment was issued shall bear interest at the~~	101177
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	101178
~~from the day the commissioner issues the assessment until it is~~	101179
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	101180
~~charges and may be collected by the issuance of an assessment~~	101181
~~under division (E) of this section.~~	101182

~~(5)~~ Unless the provider, reseller, or seller assessed files	101183
with the tax commissioner within sixty days after service of the	101184
notice of assessment, either personally or by certified mail, a	101185
written petition for reassessment, signed by the party assessed or	101186
that party's authorized agent having knowledge of the facts, the	101187
assessment shall become final and the amount of the assessment	101188
shall be due and payable from the party assessed to the treasurer	101189
of state, for deposit to the next generation 9-1-1 fund, which is	101190
created under section 5507.54 of the Revised Code. The petition	101191
shall indicate the objections of the party assessed, but	101192
additional objections may be raised in writing if received by the	101193
commissioner prior to the date shown on the final determination.	101194
If the petition has been properly filed, the commissioner shall	101195
proceed under section 5703.60 of the Revised Code.	101196

~~(6)~~(5) After an assessment becomes final, if any portion of	101197
the assessment remains unpaid, including accrued interest, a	101198
certified copy of the final assessment may be filed in the office	101199
of the clerk of the court of common pleas in the county in which	101200
the business of the assessed party is conducted. If the party	101201
assessed maintains no place of business in this state, the	101202
certified copy of the final assessment may be filed in the office	101203
of the clerk of the court of common pleas of Franklin county.	101204
Immediately upon the filing, the clerk shall enter a judgment for	101205
the state against the assessed party in the amount shown on the	101206
final assessment. The judgment may be filed by the clerk in a	101207
loose-leaf book entitled "special judgments for wireless 9-1-1	101208
charges" and shall have the same effect as other judgments. The	101209
judgment shall be executed upon the request of the tax	101210
commissioner.	101211

~~(7)~~(6) If the commissioner determines that the commissioner	101212
erroneously has refunded a wireless 9-1-1 charge to any person,	101213
the commissioner may make an assessment against that person for	101214
recovery of the erroneously refunded charge.	101215

~~(8)~~(7) An assessment under division (E) of this section does	101216
not discharge a subscriber's or consumer's liability to reimburse	101217
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	101218
after the date of service of the audit notice under division	101219
(E)(1) of this section, a subscriber or consumer pays a wireless	101220
9-1-1 charge for the period covered by the assessment, the payment	101221
shall be credited against the assessment.	101222

Sec. 5511.03. The director of transportation shall examine	101223
the existing highway facilities serving the several hospitals,	101224
educational institutions, and correctional and other similar	101225
institutions belonging to the state, and located outside municipal	101226
corporations. Where the director finds that any such state	101227
institution is not located on a state highway or connected with a	101228
highway by a suitable road, affording in its present condition	101229
adequate transportation facilities to those having occasion to	101230
visit such institution, the director may establish a state highway	101231
leading to such institution from a convenient point on an existing	101232
highway. Where the director finds that any such institution is not	101233
served by adequate highway facilities connecting it with the	101234
railroad delivery point from which it principally obtains fuel,	101235
provisions, and supplies, the director may establish a highway	101236
connecting such institution and railroad delivery point.	101237
Limitations imposed on the mileage of state highways shall not	101238
apply to highways established under this section.	101239

The director may construct at state expense all highways	101240
established under authority of this section and pay the entire	101241
cost thereof from the state highway operating fund. Such highways	101242
shall be maintained by the department of transportation and the	101243
cost shall be paid from the highway operating fund of the	101244
department.	101245

The directors of transportation, ~~mental health~~mental health	101246
and addiction services, developmental disabilities, and	101247
rehabilitation and correction may cooperate in the establishment,	101248
construction, reconstruction, maintenance, and repair of roads	101249
within the limits of state institutions. The cost shall be paid	101250
from funds appropriated for highway purposes and from the funds	101251
appropriated to the department of ~~mental health~~mental health and	101252
addiction services, department of developmental disabilities, or	101253
the department of rehabilitation and correction for capital	101254
improvements or maintenance in such proportion as may be agreed	101255
upon by the directors of transportation, ~~mental health~~mental	101256
health and addiction services, developmental disabilities, and	101257
rehabilitation and correction.	101258

Sec. 5701.13. (A) As used in this section:

101259

(1) "Nursing home" means a nursing home or a home for the	101260
aging, as those terms are defined in section 3721.01 of the	101261
Revised Code, that is issued a license pursuant to section 3721.02	101262
of the Revised Code.	101263

(2) "Residential care facility" means a residential care	101264
facility, as defined in section 3721.01 of the Revised Code, that	101265
is issued a license pursuant to section 3721.02 of the Revised	101266
Code.	101267

(3) "Residential facility" means a residential facility	101268
licensed under section ~~5119.22~~5119.34 of the Revised Code that	101269
provides accommodations, supervision, and personal care services	101270
for three to sixteen unrelated adults.	101271

(B) As used in Title LVII of the Revised Code, and for the	101272
purpose of other sections of the Revised Code that refer	101273
specifically to Chapter 5701. or section 5701.13 of the Revised	101274
Code, a "home for the aged" means either of the following:	101275

(1) A place of residence for aged and infirm persons that	101276
satisfies divisions (B)(1)(a) to (e) of this section:	101277

(a) It is a nursing home, residential care facility, or	101278
residential facility.	101279

(b) It is owned by a corporation, unincorporated nonprofit	101280
association, or trust of a charitable, religious, or fraternal	101281
nature, that is organized and operated not for profit, is not	101282
formed for the pecuniary gain or profit of, and whose net earnings	101283
or any part of whose net earnings is not distributable to, its	101284
members, trustees, officers, or other private persons, and is	101285
exempt from federal income taxation under section 501 of the	101286
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	101287

(c) It is open to the public without regard to race, color,	101288
or national origin.	101289

(d) It does not pay, directly or indirectly, compensation for	101290
services rendered, interest on debts incurred, or purchase price	101291
for land, building, equipment, supplies, or other goods or	101292
chattels, which compensation, interest, or purchase price is	101293
unreasonably high.	101294

(e) It provides services for the life of each resident	101295
without regard to the resident's ability to continue payment for	101296
the full cost of the services.	101297

(2) A place of residence that satisfies divisions (B)(1)(b),	101298
(d), and (e) of this section; that satisfies the definition of	101299
"nursing home" or "residential care facility" under section	101300
3721.01 of the Revised Code or the definition of "residential	101301
facility" under division (A)(3) of this section regardless of	101302
whether it is licensed as such a home or facility; and that is	101303
provided at no charge to individuals on account of their service	101304
without compensation to a charitable, religious, fraternal, or	101305
educational institution, which individuals are aged or infirm and	101306
are members of the corporation, association, or trust that owns	101307
the place of residence. For the purposes of division (B)(2) of	101308
this section, "compensation" does not include furnishing room and	101309
board, clothing, health care, or other necessities, or stipends or	101310
other de minimis payments to defray the cost thereof.	101311

Exemption from taxation shall be accorded, on proper	101312
application, only to those homes or parts of homes that meet the	101313
standards and provide the services specified in this section.	101314

Nothing in this section shall be construed as preventing a	101315
home from requiring a resident with financial need to apply for	101316
any applicable financial assistance or requiring a home to retain	101317
a resident who willfully refuses to pay for services for which the	101318
resident has contracted even though the resident has sufficient	101319
resources to do so.	101320

(C)(1) If a corporation, unincorporated nonprofit	101321
association, or trust described in division (B)(1)(b) of this	101322
section is granted a certificate of need pursuant to section	101323
3702.52 of the Revised Code to construct, add to, or otherwise	101324
modify a nursing home, or is given approval pursuant to section	101325
3791.04 of the Revised Code to construct, add to, or otherwise	101326
modify a residential care facility or residential facility and if	101327
the corporation, association, or trust submits an affidavit to the	101328
tax commissioner stating that, commencing on the date of licensure	101329
and continuing thereafter, the home or facility will be operated	101330
in accordance with the requirements of divisions (B)(1)(a) to (e)	101331
of this section, the corporation, association, or trust shall be	101332
considered to be operating a "home for the aged" within the	101333
meaning of division (B)(1) of this section, beginning on the first	101334
day of January of the year in which such certificate is granted or	101335
approval is given.	101336

(2) If a corporation, association, or trust is considered to	101337
be operating a "home for the aged" pursuant to division (C)(1) of	101338
this section, the corporation, association, or trust shall notify	101339
the tax commissioner in writing upon the occurrence of any of the	101340
following events:	101341

(a) The corporation, association, or trust no longer intends	101342
to complete the construction of, addition to, or modification of	101343
the home or facility, to obtain the appropriate license for the	101344
home or facility, or to commence operation of the home or facility	101345
in accordance with the requirements of divisions (B)(1)(a) to (e)	101346
of this section;	101347

(b) The certificate of approval referred to in division	101348
(C)(1) of this section expires, is revoked, or is otherwise	101349
terminated prior to the completion of the construction of,	101350
addition to, or modification of the home or facility;	101351

(c) The license to operate the home or facility is not	101352
granted by the director of health within one year following	101353
completion of the construction of, addition to, or modification of	101354
the home or facility;	101355

(d) The license to operate the home or facility is not	101356
granted by the director of health within four years following the	101357
date upon which the certificate or approval referred to in	101358
division (C)(1) of this section was granted or given;	101359

(e) The home or facility is granted a license to operate as a	101360
nursing home, residential care facility, or residential facility.	101361

(3) Upon the occurrence of any of the events referred to in	101362
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	101363
corporation, association, or trust shall no longer be considered	101364
to be operating a "home for the aged" pursuant to division (C)(1)	101365
of this section, except that the tax commissioner, for good cause	101366
shown and to the extent the commissioner considers appropriate,	101367
may extend the time period specified in division (C)(2)(c) or (d)	101368
of this section, or both. Nothing in division (C)(3) of this	101369
section shall be construed to prevent a nursing home, residential	101370
care facility, or residential facility from qualifying as a "home	101371
for the aged" if, upon proper application made pursuant to	101372
division (B) of this section, it is found to meet the requirements	101373
of divisions (A) and (B) of this section.	101374

Sec. 5703.052. (A) There is hereby created in the state	101375
treasury the tax refund fund, from which refunds shall be paid for	101376
taxes illegally or erroneously assessed or collected, or for any	101377
other reason overpaid, that are levied by Chapter 4301., 4305.,	101378
5726., 5728., 5729., 5731., 5733., 5735., 5739., 5741., 5743.,	101379
5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	101380
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	101381
5727.81, and 5727.811 of the Revised Code. Refunds for fees	101382
illegally or erroneously assessed or collected, or for any other	101383
reason overpaid, that are levied by sections 3734.90 to 3734.9014	101384
of the Revised Code also shall be paid from the fund. Refunds for	101385
amounts illegally or erroneously assessed or collected by the tax	101386
commissioner, or for any other reason overpaid, that are due under	101387
section 1509.50 of the Revised Code shall be paid from the fund.	101388
However, refunds for taxes levied under section 5739.101 of the	101389
Revised Code shall not be paid from the tax refund fund, but shall	101390
be paid as provided in section 5739.104 of the Revised Code.	101391

(B)(1) Upon certification by the tax commissioner to the	101392
treasurer of state of a tax refund~~, a fee refund,~~ or ~~an other~~	101393
another amount refunded, or by the superintendent of insurance of	101394
a domestic or foreign insurance tax refund, the treasurer of state	101395
shall place the amount certified to the credit of the fund. The	101396
certified amount transferred shall be derived from ~~current~~the	101397
receipts of the same tax, fee, or other amount from which the	101398
refund arose. ~~If current receipts from the tax, fee, or other~~	101399
~~amount from which the refund arose are inadequate to make the~~	101400
~~transfer of the amount so certified, the treasurer of state shall~~	101401
~~transfer such certified amount from current receipts of the sales~~	101402
~~tax levied by section 5739.02 of the Revised Code.~~	101403

(2) When ~~the treasurer of state provides for the payment of a~~	101404
~~refund of a tax, fee, or other amount from the current receipts of~~	101405
~~the sales tax, and the~~a refund is for a tax, fee, or other amount	101406
that is not levied by the state, the tax commissioner shall	101407
recover the amount of that refund from the next distribution of	101408
that tax, fee, or other amount that otherwise would be made to the	101409
taxing jurisdiction. If the amount to be recovered would exceed	101410
twenty-five per cent of the next distribution of that tax, fee, or	101411
other amount, the commissioner may spread the recovery over more	101412
than one future distribution, taking into account the amount to be	101413
recovered and the amount of the anticipated future distributions.	101414
In no event may the commissioner spread the recovery over a period	101415
to exceed twenty-four months.	101416

Sec. 5703.059. (A) The tax commissioner may adopt rules	101417
requiring returns, including any accompanying schedule or	101418
statement, for any of the following taxes to be filed	101419
electronically using the Ohio business gateway as defined in	101420
section 718.051 of the Revised Code, filed telephonically using	101421
the system known as the Ohio telefile system, or filed by any	101422
other electronic means prescribed by the commissioner:	101423

(1) Employer income tax withholding under Chapter 5747. of	101424
the Revised Code;	101425

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

101426

(3) Cigarette and tobacco product tax under Chapter 5743. of	101427
the Revised Code;	101428

(4) Severance tax under Chapter 5749. of the Revised Code;

101429

(5) Use tax under Chapter 5741. of the Revised Code;

101430

(6) Commercial activity tax under Chapter 5751. of the	101431
Revised Code;	101432

(7) Financial institutions tax under Chapter 5726. of the	101433
Revised Code.	101434

(B) The tax commissioner may adopt rules requiring any	101435
payment of tax shown on such a return to be due to be made	101436
electronically in a manner approved by the commissioner.	101437

(C) A rule adopted under this section does not apply to	101438
returns or reports filed or payments made before six months after	101439
the effective date of the rule. The commissioner shall publicize	101440
any new electronic filing requirement on the department's web	101441
site. The commissioner shall educate the public of the requirement	101442
through seminars, workshops, conferences, or other outreach	101443
activities.	101444

(D) Any person required to file returns and make payments	101445
electronically under rules adopted under this section may apply to	101446
the commissioner, on a form prescribed by the commissioner, to be	101447
excused from that requirement. For good cause shown, the	101448
commissioner may excuse the applicant from the requirement and	101449
permit the applicant to file the returns or reports or make the	101450
payments required under this section by nonelectronic means.	101451

(E) Beginning July 1, 2014, and thereafter for each year that	101452
the department of taxation has published at least one method	101453
acceptable to the tax commissioner for filing returns required	101454
under section 5747.08 of the Revised Code electronically, the	101455
department shall publish on the department's official web site a	101456
method for any individual, trust, or pass-through entity,	101457
including individuals, trusts, and pass-through entities filing an	101458
income tax return in this state for the first time, to register	101459
electronically for that method of filing.	101460

Sec. 5703.21. (A) Except as provided in divisions (B) and	101461
(C) of this section, no agent of the department of taxation,	101462
except in the agent's report to the department or when called on	101463
to testify in any court or proceeding, shall divulge any	101464
information acquired by the agent as to the transactions,	101465
property, or business of any person while acting or claiming to	101466
act under orders of the department. Whoever violates this	101467
provision shall thereafter be disqualified from acting as an	101468
officer or employee or in any other capacity under appointment or	101469
employment of the department.	101470

(B)(1) For purposes of an audit pursuant to section 117.15 of	101471
the Revised Code, or an audit of the department pursuant to	101472
Chapter 117. of the Revised Code, or an audit, pursuant to that	101473
chapter, the objective of which is to express an opinion on a	101474
financial report or statement prepared or issued pursuant to	101475
division (A)(7) or (9) of section 126.21 of the Revised Code, the	101476
officers and employees of the auditor of state charged with	101477
conducting the audit shall have access to and the right to examine	101478
any state tax returns and state tax return information in the	101479
possession of the department to the extent that the access and	101480
examination are necessary for purposes of the audit. Any	101481
information acquired as the result of that access and examination	101482
shall not be divulged for any purpose other than as required for	101483
the audit or unless the officers and employees are required to	101484
testify in a court or proceeding under compulsion of legal	101485
process. Whoever violates this provision shall thereafter be	101486
disqualified from acting as an officer or employee or in any other	101487
capacity under appointment or employment of the auditor of state.	101488

(2) For purposes of an internal audit pursuant to section	101489
126.45 of the Revised Code, the officers and employees of the	101490
office of internal ~~auditing~~audit in the office of budget and	101491
management charged with ~~conducting~~directing the internal audit	101492
shall have access to and the right to examine any state tax	101493
returns and state tax return information in the possession of the	101494
department to the extent that the access and examination are	101495
necessary for purposes of the internal audit. Any information	101496
acquired as the result of that access and examination shall not be	101497
divulged for any purpose other than as required for the internal	101498
audit or unless the officers and employees are required to testify	101499
in a court or proceeding under compulsion of legal process.	101500
Whoever violates this provision shall thereafter be disqualified	101501
from acting as an officer or employee or in any other capacity	101502
under appointment or employment of the office of internal ~~auditing~~	101503
audit.	101504

(3) As provided by section 6103(d)(2) of the Internal Revenue	101505
Code, any federal tax returns or federal tax information that the	101506
department has acquired from the internal revenue service, through	101507
federal and state statutory authority, may be disclosed to the	101508
auditor of state or the office of internal ~~auditing~~audit solely	101509
for purposes of an audit of the department.	101510

(4) For purposes of Chapter 3739. of the Revised Code, an	101511
agent of the department of taxation may share information with the	101512
division of state fire marshal that the agent finds during the	101513
course of an investigation.	101514

(C) Division (A) of this section does not prohibit any of the	101515
following:	101516

(1) Divulging information contained in applications,	101517
complaints, and related documents filed with the department under	101518
section 5715.27 of the Revised Code or in applications filed with	101519
the department under section 5715.39 of the Revised Code;	101520

(2) Providing information to the office of child support	101521
within the department of job and family services pursuant to	101522
section 3125.43 of the Revised Code;	101523

(3) Disclosing to the motor vehicle repair board any	101524
information in the possession of the department that is necessary	101525
for the board to verify the existence of an applicant's valid	101526
vendor's license and current state tax identification number under	101527
section 4775.07 of the Revised Code;	101528

(4) Providing information to the administrator of workers'	101529
compensation pursuant to sections 4123.271 and 4123.591 of the	101530
Revised Code;	101531

(5) Providing to the attorney general information the	101532
department obtains under division (J) of section 1346.01 of the	101533
Revised Code;	101534

(6) Permitting properly authorized officers, employees, or	101535
agents of a municipal corporation from inspecting reports or	101536
information pursuant to rules adopted under section 5745.16 of the	101537
Revised Code;	101538

(7) Providing information regarding the name, account number,	101539
or business address of a holder of a vendor's license issued	101540
pursuant to section 5739.17 of the Revised Code, a holder of a	101541
direct payment permit issued pursuant to section 5739.031 of the	101542
Revised Code, or a seller having a use tax account maintained	101543
pursuant to section 5741.17 of the Revised Code, or information	101544
regarding the active or inactive status of a vendor's license,	101545
direct payment permit, or seller's use tax account;	101546

(8) Releasing invoices or invoice information furnished under	101547
section 4301.433 of the Revised Code pursuant to that section;	101548

(9) Providing to a county auditor notices or documents	101549
concerning or affecting the taxable value of property in the	101550
county auditor's county. Unless authorized by law to disclose	101551
documents so provided, the county auditor shall not disclose such	101552
documents;	101553

(10) Providing to a county auditor sales or use tax return or	101554
audit information under section 333.06 of the Revised Code;	101555

(11) Subject to section 4301.441 of the Revised Code,	101556
disclosing to the appropriate state agency information in the	101557
possession of the department of taxation that is necessary to	101558
verify a permit holder's gallonage or noncompliance with taxes	101559
levied under Chapter 4301. or 4305. of the Revised Code;	101560

(12) Disclosing to the department of natural resources	101561
information in the possession of the department of taxation that	101562
is necessary for the department of taxation to verify the	101563
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	101564
of section 5749.02 of the Revised Code ~~and information received~~	101565
~~pursuant to section 1509.50 of the Revised Code concerning the~~	101566
~~amount due under that section~~or to allow the department of	101567
natural resources to enforce Chapter 1509. of the Revised Code;	101568

(13) Disclosing to the department of job and family services,	101569
industrial commission, and bureau of workers' compensation	101570
information in the possession of the department of taxation solely	101571
for the purpose of identifying employers that misclassify	101572
employees as independent contractors or that fail to properly	101573
report and pay employer tax liabilities. The department of	101574
taxation shall disclose only such information that is necessary to	101575
verify employer compliance with law administered by those	101576
agencies.	101577

(14) Disclosing to the Ohio casino control commission	101578
information in the possession of the department of taxation that	101579
is necessary to verify a casino operator's compliance with section	101580
5747.063 or 5753.02 of the Revised Code and sections related	101581
thereto;	101582

(15) Disclosing to the state lottery commission information	101583
in the possession of the department of taxation that is necessary	101584
to verify a lottery sales agent's compliance with section 5747.064	101585
of the Revised Code.	101586

Sec. 5703.37. (A)(1) Except as provided in division (B) of	101587
this section, whenever service of a notice or order is required in	101588
the manner provided in this section, a copy of the notice or order	101589
shall be served upon the person affected thereby either by	101590
personal service, by certified mail, or by a delivery service	101591
authorized under section 5703.056 of the Revised Code that	101592
notifies the tax commissioner of the date of delivery.	101593

(2) In lieu of serving a copy of a notice or order through	101594
one of the means provided in division (A)(1) of this section, the	101595
commissioner may serve a notice or order upon the person affected	101596
thereby through alternative means as provided in this section,	101597
including, but not limited to, delivery by secure electronic mail	101598
as provided in division (F) of this section. Delivery by such	101599
means satisfies the requirements for delivery under this section.	101600

(B)(1)(a) If certified mail is returned because of an	101601
undeliverable address, the commissioner shall first utilize	101602
reasonable means to ascertain a new last known address, including	101603
the use of a change of address service offered by the United	101604
States postal service or an authorized delivery service under	101605
section 5703.056 of the Revised Code. If, after using reasonable	101606
means, the commissioner is unable to ascertain a new last known	101607
address, the assessment is final for purposes of section 131.02 of	101608
the Revised Code sixty days after the notice or order sent by	101609
certified mail is first returned to the commissioner, and the	101610
commissioner shall certify the notice or order, if applicable, to	101611
the attorney general for collection under section 131.02 of the	101612
Revised Code.	101613

(b) Notwithstanding certification to the attorney general	101614
under division (B)(1)(a) of this section, once the commissioner or	101615
attorney general, or the designee of either, makes an initial	101616
contact with the person to whom the notice or order is directed,	101617
the person may protest an assessment by filing a petition for	101618
reassessment within sixty days after the initial contact. The	101619
certification of an assessment under division (B)(1)(a) of this	101620
section is prima-facie evidence that delivery is complete and that	101621
the notice or order is served.	101622

(2) If mailing of a notice or order by certified mail is	101623
returned for some cause other than an undeliverable address or if	101624
a person does not access an electronic notice or order within the	101625
time provided in division (F) of this section, the commissioner	101626
shall resend the notice or order by ordinary mail. The notice or	101627
order shall show the date the commissioner sends the notice or	101628
order and include the following statement:	101629

"This notice or order is deemed to be served on the addressee	101630
under applicable law ten days from the date this notice or order	101631
was mailed by the commissioner as shown on the notice or order,	101632
and all periods within which an appeal may be filed apply from and	101633
after that date."	101634

Unless the mailing is returned because of an undeliverable	101635
address, the mailing of that information is prima-facie evidence	101636
that delivery of the notice or order was completed ten days after	101637
the commissioner sent the notice or order by ordinary mail and	101638
that the notice or order was served.	101639

If the ordinary mail is subsequently returned because of an	101640
undeliverable address, the commissioner shall proceed under	101641
division (B)(1)(a) of this section. A person may challenge the	101642
presumption of delivery and service under this division in	101643
accordance with division (C) of this section.	101644

(C)(1) A person disputing the presumption of delivery and	101645
service under division (B) of this section bears the burden of	101646
proving by a preponderance of the evidence that the address to	101647
which the notice or order was sent was not an address with which	101648
the person was associated at the time the commissioner originally	101649
mailed the notice or order by certified mail. For the purposes of	101650
this section, a person is associated with an address at the time	101651
the commissioner originally mailed the notice or order if, at that	101652
time, the person was residing, receiving legal documents, or	101653
conducting business at the address; or if, before that time, the	101654
person had conducted business at the address and, when the notice	101655
or order was mailed, the person's agent or the person's affiliate	101656
was conducting business at the address. For the purposes of this	101657
section, a person's affiliate is any other person that, at the	101658
time the notice or order was mailed, owned or controlled at least	101659
twenty per cent, as determined by voting rights, of the	101660
addressee's business.	101661

(2) If the person elects to protest an assessment certified	101662
to the attorney general for collection, the person must do so	101663
within sixty days after the attorney general's initial contact	101664
with the person. The attorney general may enter into a compromise	101665
with the person under sections 131.02 and 5703.06 of the Revised	101666
Code if the person does not file a petition for reassessment with	101667
the commissioner.	101668

(D) Nothing in this section prohibits the commissioner or the	101669
commissioner's designee from delivering a notice or order by	101670
personal service.	101671

(E) Collection actions taken pursuant to section 131.02 of	101672
the Revised Code upon any assessment being challenged under	101673
division (B)(1)(b) of this section shall be stayed upon the	101674
pendency of an appeal under this section. If a petition for	101675
reassessment is filed pursuant to this section on a claim that has	101676
been certified to the attorney general for collection, the claim	101677
shall be uncertified.	101678

(F) The commissioner may serve a notice or order upon the	101679
person affected by the notice or order through secure electronic	101680
means only with the person's consent. The commissioner must inform	101681
the recipient, electronically or by mail, that a notice or order	101682
is available for electronic review and provide instructions to	101683
access and print the notice or order. The recipient's electronic	101684
access of the notice or order satisfies the requirements for	101685
delivery under this section. If the recipient fails to access the	101686
notice or order electronically within ten business days, then the	101687
commissioner shall inform the recipient a second time,	101688
electronically or by mail, that a notice or order is available for	101689
electronic review and provide instructions to access and print the	101690
notice or order. If the recipient fails to access the notice or	101691
order electronically within ten business days of the second	101692
notification, the notice or order shall be served upon the person	101693
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	101694
section.	101695

(G) As used in this section:

101696

(1) "Last known address" means the address the department has	101697
at the time the document is originally sent by certified mail, or	101698
any address the department can ascertain using reasonable means	101699
such as the use of a change of address service offered by the	101700
United States postal service or an authorized delivery service	101701
under section 5703.056 of the Revised Code.	101702

(2) "Undeliverable address" means an address to which the	101703
United States postal service or an authorized delivery service	101704
under section 5703.056 of the Revised Code is not able to deliver	101705
a notice or order, except when the reason for nondelivery is	101706
because the addressee fails to acknowledge or accept the notice or	101707
order.	101708

Sec. 5703.75. This section applies to any tax payable to the	101709
state and administered by the tax commissioner. If the total	101710
amount of any such tax shown to be due on a return, amended	101711
return, or notice does not exceed one dollar, the taxpayer shall	101712
not be required to remit the amount due. If the total amount of a	101713
taxpayer's overpayment of any such tax does not exceed one dollar,	101714
the tax commissioner shall not be required to refund the	101715
overpayment.	101716

Sec. 5703.76. Any payment or distribution of money that the	101717
tax commissioner is required by law to make to a political	101718
subdivision of this state, an officer thereof, or a political	101719
party shall be made by electronic funds transfer. The commissioner	101720
shall promulgate any rules necessary to administer this section.	101721

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	101722
department of taxation shall acquire the necessary hardware,	101723
software, and services to establish and implement a tax discovery	101724
data system to increase the efficiency of tax collections in the	101725
state. The system must be fully integrated and pre-staged for the	101726
purposes of assisting in revenue analysis, discovering	101727
noncompliant taxpayers, and collecting taxes from those taxpayers.	101728
The system shall consolidate tax data from various mainframe	101729
systems and operate as a single tax discovery data system. The	101730
department shall contract, pursuant to a competitive bidding	101731
process, for the necessary hardware, software, and services to	101732
implement the tax discovery data system.	101733

~~(B) There is hereby created in the state treasury the~~	101734
~~discovery project fund. All money to the credit of the fund shall~~	101735
~~be used to pay the costs of implementing and operating the tax~~	101736
~~discovery data system and to defray the costs incurred by the~~	101737
~~department of taxation in administering the system.~~	101738

~~(C) Beginning July 1, 2009, on or before the first day of~~	101739
~~January, April, July, and October of each calendar year, the tax~~	101740
~~commissioner shall determine and certify to the director of budget~~	101741
~~and management the amount needed to pay the costs of operating the~~	101742
~~tax discovery data system in the previous calendar quarter and the~~	101743
~~costs incurred in the previous calendar quarter by the department~~	101744
~~of taxation in administering the system. The director shall~~	101745
~~provide for payment from the general revenue fund to the discovery~~	101746
~~project fund of the amount so certified.~~	101747

Sec. 5703.90. If any tax administered by the tax	101748
commissioner remains unpaid after the date the tax is due, the	101749
commissioner may issue an assessment for the unpaid tax, and for	101750
any related penalties and interest, against any person liable for	101751
the amount due, including, but not limited to, a person that is	101752
jointly and severally liable for the amount under Chapter 5726.,	101753
5748., 5749., or 5751. of the Revised Code, a partner liable for	101754
the tax liability of a partnership, a director, shareholder, or	101755
officer of a corporation that has dissolved or had its articles of	101756
incorporation canceled by the secretary of state, or any other	101757
person liable for the tax liability of another person under the	101758
Revised Code. The commissioner shall issue the assessment in	101759
accordance with any other provision of the Revised Code applicable	101760
to assessments for the tax for which the person to be assessed is	101761
liable.	101762

Sec. 5705.19. This section does not apply to school	101763
districts or county school financing districts.	101764

The taxing authority of any subdivision at any time and in	101765
any year, by vote of two-thirds of all the members of the taxing	101766
authority, may declare by resolution and certify the resolution to	101767
the board of elections not less than ninety days before the	101768
election upon which it will be voted that the amount of taxes that	101769
may be raised within the ten-mill limitation will be insufficient	101770
to provide for the necessary requirements of the subdivision and	101771
that it is necessary to levy a tax in excess of that limitation	101772
for any of the following purposes:	101773

(A) For current expenses of the subdivision, except that the	101774
total levy for current expenses of a detention facility district	101775
or district organized under section 2151.65 of the Revised Code	101776
shall not exceed two mills and that the total levy for current	101777
expenses of a combined district organized under sections 2151.65	101778
and 2152.41 of the Revised Code shall not exceed four mills;	101779

(B) For the payment of debt charges on certain described	101780
bonds, notes, or certificates of indebtedness of the subdivision	101781
issued subsequent to January 1, 1925;	101782

(C) For the debt charges on all bonds, notes, and	101783
certificates of indebtedness issued and authorized to be issued	101784
prior to January 1, 1925;	101785

(D) For a public library of, or supported by, the subdivision	101786
under whatever law organized or authorized to be supported;	101787

(E) For a municipal university, not to exceed two mills over	101788
the limitation of one mill prescribed in section 3349.13 of the	101789
Revised Code;	101790

(F) For the construction or acquisition of any specific	101791
permanent improvement or class of improvements that the taxing	101792
authority of the subdivision may include in a single bond issue;	101793

(G) For the general construction, reconstruction,	101794
resurfacing, and repair of streets, roads, and bridges in	101795
municipal corporations, counties, or townships;	101796

(H) For parks and recreational purposes;

101797

(I) For the purpose of providing and maintaining fire	101798
apparatus, appliances, buildings, or sites therefor, or sources of	101799
water supply and materials therefor, or the establishment and	101800
maintenance of lines of fire alarm telegraph, or the payment of	101801
firefighting companies or permanent, part-time, or volunteer	101802
firefighting, emergency medical service, administrative, or	101803
communications personnel to operate the same, including the	101804
payment of any employer contributions required for such personnel	101805
under section 145.48 or 742.34 of the Revised Code, or the	101806
purchase of ambulance equipment, or the provision of ambulance,	101807
paramedic, or other emergency medical services operated by a fire	101808
department or firefighting company;	101809

(J) For the purpose of providing and maintaining motor	101810
vehicles, communications, other equipment, buildings, and sites	101811
for such buildings used directly in the operation of a police	101812
department, or the payment of salaries of permanent or part-time	101813
police, communications, or administrative personnel to operate the	101814
same, including the payment of any employer contributions required	101815
for such personnel under section 145.48 or 742.33 of the Revised	101816
Code, or the payment of the costs incurred by townships as a	101817
result of contracts made with other political subdivisions in	101818
order to obtain police protection, or the provision of ambulance	101819
or emergency medical services operated by a police department;	101820

(K) For the maintenance and operation of a county home or	101821
detention facility;	101822

(L) For community mental retardation and developmental	101823
disabilities programs and services pursuant to Chapter 5126. of	101824
the Revised Code, except that the procedure for such levies shall	101825
be as provided in section 5705.222 of the Revised Code;	101826

(M) For regional planning;

101827

(N) For a county's share of the cost of maintaining and	101828
operating schools, district detention facilities, forestry camps,	101829
or other facilities, or any combination thereof, established under	101830
section 2151.65 or 2152.41 of the Revised Code or both of those	101831
sections;	101832

(O) For providing for flood defense, providing and	101833
maintaining a flood wall or pumps, and other purposes to prevent	101834
floods;	101835

(P) For maintaining and operating sewage disposal plants and	101836
facilities;	101837

(Q) For the purpose of purchasing, acquiring, constructing,	101838
enlarging, improving, equipping, repairing, maintaining, or	101839
operating, or any combination of the foregoing, a county transit	101840
system pursuant to sections 306.01 to 306.13 of the Revised Code,	101841
or of making any payment to a board of county commissioners	101842
operating a transit system or a county transit board pursuant to	101843
section 306.06 of the Revised Code;	101844

(R) For the subdivision's share of the cost of acquiring or	101845
constructing any schools, forestry camps, detention facilities, or	101846
other facilities, or any combination thereof, under section	101847
2151.65 or 2152.41 of the Revised Code or both of those sections;	101848

(S) For the prevention, control, and abatement of air	101849
pollution;	101850

(T) For maintaining and operating cemeteries;

101851

(U) For providing ambulance service, emergency medical	101852
service, or both;	101853

(V) For providing for the collection and disposal of garbage	101854
or refuse, including yard waste;	101855

(W) For the payment of the police officer employers'	101856
contribution or the firefighter employers' contribution required	101857
under sections 742.33 and 742.34 of the Revised Code;	101858

(X) For the construction and maintenance of a drainage	101859
improvement pursuant to section 6131.52 of the Revised Code;	101860

(Y) For providing or maintaining senior citizens services or	101861
facilities as authorized by section 307.694, 307.85, 505.70, or	101862
505.706 or division (EE) of section 717.01 of the Revised Code;	101863

(Z) For the provision and maintenance of zoological park	101864
services and facilities as authorized under section 307.76 of the	101865
Revised Code;	101866

(AA) For the maintenance and operation of a free public	101867
museum of art, science, or history;	101868

(BB) For the establishment and operation of a 9-1-1 system,	101869
as defined in section 5507.01 of the Revised Code;	101870

(CC) For the purpose of acquiring, rehabilitating, or	101871
developing rail property or rail service. As used in this	101872
division, "rail property" and "rail service" have the same	101873
meanings as in section 4981.01 of the Revised Code. This division	101874
applies only to a county, township, or municipal corporation.	101875

(DD) For the purpose of acquiring property for, constructing,	101876
operating, and maintaining community centers as provided for in	101877
section 755.16 of the Revised Code;	101878

(EE) For the creation and operation of an office or joint	101879
office of economic development, for any economic development	101880
purpose of the office, and to otherwise provide for the	101881
establishment and operation of a program of economic development	101882
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	101883
the extent that the expenses of a county land reutilization	101884
corporation organized under Chapter 1724. of the Revised Code are	101885
found by the board of county commissioners to constitute the	101886
promotion of economic development, for the payment of such	101887
operations and expenses;	101888

(FF) For the purpose of acquiring, establishing,	101889
constructing, improving, equipping, maintaining, or operating, or	101890
any combination of the foregoing, a township airport, landing	101891
field, or other air navigation facility pursuant to section 505.15	101892
of the Revised Code;	101893

(GG) For the payment of costs incurred by a township as a	101894
result of a contract made with a county pursuant to section	101895
505.263 of the Revised Code in order to pay all or any part of the	101896
cost of constructing, maintaining, repairing, or operating a water	101897
supply improvement;	101898

(HH) For a board of township trustees to acquire, other than	101899
by appropriation, an ownership interest in land, water, or	101900
wetlands, or to restore or maintain land, water, or wetlands in	101901
which the board has an ownership interest, not for purposes of	101902
recreation, but for the purposes of protecting and preserving the	101903
natural, scenic, open, or wooded condition of the land, water, or	101904
wetlands against modification or encroachment resulting from	101905
occupation, development, or other use, which may be styled as	101906
protecting or preserving "greenspace" in the resolution, notice of	101907
election, or ballot form. Except as otherwise provided in this	101908
division, land is not acquired for purposes of recreation, even if	101909
the land is used for recreational purposes, so long as no	101910
building, structure, or fixture used for recreational purposes is	101911
permanently attached or affixed to the land. Except as otherwise	101912
provided in this division, land that previously has been acquired	101913
in a township for these greenspace purposes may subsequently be	101914
used for recreational purposes if the board of township trustees	101915
adopts a resolution approving that use and no building, structure,	101916
or fixture used for recreational purposes is permanently attached	101917
or affixed to the land. The authorization to use greenspace land	101918
for recreational use does not apply to land located in a township	101919
that had a population, at the time it passed its first greenspace	101920
levy, of more than thirty-eight thousand within a county that had	101921
a population, at that time, of at least eight hundred sixty	101922
thousand.	101923

(II) For the support by a county of a crime victim assistance	101924
program that is provided and maintained by a county agency or a	101925
private, nonprofit corporation or association under section 307.62	101926
of the Revised Code;	101927

(JJ) For any or all of the purposes set forth in divisions	101928
(I) and (J) of this section. This division applies only to a	101929
township.	101930

(KK) For a countywide public safety communications system	101931
under section 307.63 of the Revised Code. This division applies	101932
only to counties.	101933

(LL) For the support by a county of criminal justice services	101934
under section 307.45 of the Revised Code;	101935

(MM) For the purpose of maintaining and operating a jail or	101936
other detention facility as defined in section 2921.01 of the	101937
Revised Code;	101938

(NN) For purchasing, maintaining, or improving, or any	101939
combination of the foregoing, real estate on which to hold, and	101940
the operating expenses of, agricultural fairs operated by a county	101941
agricultural society or independent agricultural society under	101942
Chapter 1711. of the Revised Code. This division applies only to a	101943
county.	101944

(OO) For constructing, rehabilitating, repairing, or	101945
maintaining sidewalks, walkways, trails, bicycle pathways, or	101946
similar improvements, or acquiring ownership interests in land	101947
necessary for the foregoing improvements;	101948

(PP) For both of the purposes set forth in divisions (G) and	101949
(OO) of this section.	101950

(QQ) For both of the purposes set forth in divisions (H) and	101951
(HH) of this section. This division applies only to a township.	101952

(RR) For the legislative authority of a municipal	101953
corporation, board of county commissioners of a county, or board	101954
of township trustees of a township to acquire agricultural	101955
easements, as defined in section 5301.67 of the Revised Code, and	101956
to supervise and enforce the easements.	101957

(SS) For both of the purposes set forth in divisions (BB) and	101958
(KK) of this section. This division applies only to a county.	101959

(TT) For the maintenance and operation of a facility that is	101960
organized in whole or in part to promote the sciences and natural	101961
history under section 307.761 of the Revised Code.	101962

(UU) For the creation and operation of a county land	101963
reutilization corporation and for any programs or activities of	101964
the corporation found by the board of directors of the corporation	101965
to be consistent with the purposes for which the corporation is	101966
organized;	101967

(VV) For construction and maintenance of improvements and	101968
expenses of soil and water conservation district programs under	101969
Chapter 1515. of the Revised Code;	101970

(WW) For the ~~Ohio cooperative~~OSU extension ~~service~~ fund	101971
created under section 3335.35 of the Revised Code for the purposes	101972
prescribed under section 3335.36 of the Revised Code for the	101973
benefit of the citizens of a county. This division applies only to	101974
a county.	101975

(XX) For a municipal corporation that withdraws or proposes	101976
by resolution to withdraw from a regional transit authority under	101977
section 306.55 of the Revised Code to provide transportation	101978
services for the movement of persons within, from, or to the	101979
municipal corporation;	101980

(YY) For any combination of the purposes specified in	101981
divisions (NN), (VV), and (WW) of this section. This division	101982
applies only to a county.	101983

The resolution shall be confined to the purpose or purposes	101984
described in one division of this section, to which the revenue	101985
derived therefrom shall be applied. The existence in any other	101986
division of this section of authority to levy a tax for any part	101987
or all of the same purpose or purposes does not preclude the use	101988
of such revenues for any part of the purpose or purposes of the	101989
division under which the resolution is adopted.	101990

The resolution shall specify the amount of the increase in	101991
rate that it is necessary to levy, the purpose of that increase in	101992
rate, and the number of years during which the increase in rate	101993
shall be in effect, which may or may not include a levy upon the	101994
duplicate of the current year. The number of years may be any	101995
number not exceeding five, except as follows:	101996

(1) When the additional rate is for the payment of debt	101997
charges, the increased rate shall be for the life of the	101998
indebtedness.	101999

(2) When the additional rate is for any of the following, the	102000
increased rate shall be for a continuing period of time:	102001

(a) For the current expenses for a detention facility	102002
district, a district organized under section 2151.65 of the	102003
Revised Code, or a combined district organized under sections	102004
2151.65 and 2152.41 of the Revised Code;	102005

(b) For providing a county's share of the cost of maintaining	102006
and operating schools, district detention facilities, forestry	102007
camps, or other facilities, or any combination thereof,	102008
established under section 2151.65 or 2152.41 of the Revised Code	102009
or under both of those sections.	102010

(3) When the additional rate is for either of the following,	102011
the increased rate may be for a continuing period of time:	102012

(a) For the purposes set forth in division (I), (J), (U), or	102013
(KK) of this section;	102014

(b) For the maintenance and operation of a joint recreation	102015
district.	102016

(4) When the increase is for the purpose or purposes set	102017
forth in division (D), (G), (H), (CC), or (PP) of this section,	102018
the tax levy may be for any specified number of years or for a	102019
continuing period of time, as set forth in the resolution.	102020

(5) When the additional rate is for the purpose described in	102021
division (Z) of this section, the increased rate shall be for any	102022
number of years not exceeding ten.	102023

A levy for one of the purposes set forth in division (G),	102024
(I), (J), or (U) of this section may be reduced pursuant to	102025
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	102026
the purposes set forth in division (G), (I), (J), or (U) of this	102027
section may also be terminated or permanently reduced by the	102028
taxing authority if it adopts a resolution stating that the	102029
continuance of the levy is unnecessary and the levy shall be	102030
terminated or that the millage is excessive and the levy shall be	102031
decreased by a designated amount.	102032

A resolution of a detention facility district, a district	102033
organized under section 2151.65 of the Revised Code, or a combined	102034
district organized under both sections 2151.65 and 2152.41 of the	102035
Revised Code may include both current expenses and other purposes,	102036
provided that the resolution shall apportion the annual rate of	102037
levy between the current expenses and the other purpose or	102038
purposes. The apportionment need not be the same for each year of	102039
the levy, but the respective portions of the rate actually levied	102040
each year for the current expenses and the other purpose or	102041
purposes shall be limited by the apportionment.	102042

Whenever a board of county commissioners, acting either as	102043
the taxing authority of its county or as the taxing authority of a	102044
sewer district or subdistrict created under Chapter 6117. of the	102045
Revised Code, by resolution declares it necessary to levy a tax in	102046
excess of the ten-mill limitation for the purpose of constructing,	102047
improving, or extending sewage disposal plants or sewage systems,	102048
the tax may be in effect for any number of years not exceeding	102049
twenty, and the proceeds of the tax, notwithstanding the general	102050
provisions of this section, may be used to pay debt charges on any	102051
obligations issued and outstanding on behalf of the subdivision	102052
for the purposes enumerated in this paragraph, provided that any	102053
such obligations have been specifically described in the	102054
resolution.	102055

A resolution adopted by the legislative authority of a	102056
municipal corporation that is for the purpose in division (XX) of	102057
this section may be combined with the purpose provided in section	102058
306.55 of the Revised Code, by vote of two-thirds of all members	102059
of the legislative authority. The legislative authority may	102060
certify the resolution to the board of elections as a combined	102061
question. The question appearing on the ballot shall be as	102062
provided in section 5705.252 of the Revised Code.	102063

The resolution shall go into immediate effect upon its	102064
passage, and no publication of the resolution is necessary other	102065
than that provided for in the notice of election.	102066

When the electors of a subdivision or, in the case of a	102067
qualifying library levy for the support of a library association	102068
or private corporation, the electors of the association library	102069
district, have approved a tax levy under this section, the taxing	102070
authority of the subdivision may anticipate a fraction of the	102071
proceeds of the levy and issue anticipation notes in accordance	102072
with section 5705.191 or 5705.193 of the Revised Code.	102073

Sec. 5705.221. (A) At any time, the board of county	102074
commissioners of any county by a majority vote of the full	102075
membership may declare by resolution and certify to the board of	102076
elections of the county that the amount of taxes which may be	102077
raised within the ten-mill limitation by levies on the current tax	102078
duplicate will be insufficient to provide the necessary	102079
requirements of the county's alcohol, drug addiction, and mental	102080
health service district established pursuant to Chapter 340. of	102081
the Revised Code, or the county's contribution to a joint-county	102082
district of which the county is a part, and that it is necessary	102083
to levy a tax in excess of such limitation for the operation of	102084
~~alcohol and drug~~community addiction ~~programs~~services providers	102085
and community mental health ~~programs~~services providers and the	102086
acquisition, construction, renovation, financing, maintenance, and	102087
operation of alcohol and drug addiction facilities and mental	102088
health facilities.	102089

Such resolution shall conform to section 5705.19 of the	102090
Revised Code, except that the increased rate may be in effect for	102091
any number of years not exceeding ten.	102092

The resolution shall be certified and submitted in the manner	102093
provided in section 5705.25 of the Revised Code, except that it	102094
may be placed on the ballot in any election, and shall be	102095
certified to the board of elections not less than ninety days	102096
before the election at which it will be voted upon.	102097

If the majority of the electors voting on a levy to	102098
supplement general fund appropriations for the support of the	102099
comprehensive ~~alcohol and drug~~community addiction and mental	102100
health ~~program~~services providers vote in favor of the levy, the	102101
board may levy a tax within the county at the additional rate	102102
outside the ten-mill limitation during the specified or continuing	102103
period, for the purpose stated in the resolution.	102104

(B) When electors have approved a tax levy under this	102105
section, the board of county commissioners may anticipate a	102106
fraction of the proceeds of the levy and, from time to time, issue	102107
anticipation notes in accordance with section 5705.191 or 5705.193	102108
of the Revised Code.	102109

(C) The county auditor who is the fiscal officer of the	102110
alcohol, drug addiction, and mental health service district, upon	102111
receipt of a resolution from the board of alcohol, drug addiction,	102112
and mental health services, shall establish for the district a	102113
capital improvements account or a reserve balance account, or	102114
both, as specified in the resolution. The capital improvements	102115
account shall be a contingency fund for the necessary acquisition,	102116
replacement, renovation, or construction of facilities and movable	102117
and fixed equipment. Upon the request of the board, funds not	102118
needed to pay for current expenses may be appropriated to the	102119
capital improvements account, in amounts such that the account	102120
does not exceed twenty-five per cent of the replacement value of	102121
all capital facilities and equipment currently used by the board	102122
for programs and services. Other funds which are available for	102123
current capital expenses from federal, state, or local sources may	102124
also be appropriated to this account.	102125

The reserve balance account shall contain those funds that	102126
are not needed to pay for current operating expenses and not	102127
deposited in the capital improvements account but that will be	102128
needed to pay for operating expenses in the future. Upon the	102129
request of a board, such funds shall be appropriated to the	102130
reserve balance account. Payments from the capital improvements	102131
account and the reserve balance account shall be made by the	102132
county treasurer who is the custodian of funds for the district	102133
upon warrants issued by the county auditor who is the fiscal	102134
officer of the district pursuant to orders of the board.	102135

Sec. 5705.412. (A) As used in this section, "qualifying	102136
contract" means any agreement for the expenditure of money under	102137
which aggregate payments from the funds included in the school	102138
district's five-year forecast under section 5705.391 of the	102139
Revised Code will exceed the lesser of the following amounts:	102140

(1) Five hundred thousand dollars;

102141

(2) One per cent of the total revenue to be credited in the	102142
current fiscal year to the district's general fund, as specified	102143
in the district's most recent certificate of estimated resources	102144
certified under section 5705.36 of the Revised Code.	102145

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	102146
no school district shall adopt any appropriation measure, make any	102147
qualifying contract, or increase during any school year any wage	102148
or salary schedule unless there is attached thereto a certificate,	102149
signed as required by this section, that the school district has	102150
in effect the authorization to levy taxes including the renewal or	102151
replacement of existing levies which, when combined with the	102152
estimated revenue from all other sources available to the district	102153
at the time of certification, are sufficient to provide the	102154
operating revenues necessary to enable the district to maintain	102155
all personnel and programs for all the days set forth in its	102156
adopted school calendars for the current fiscal year and for a	102157
number of days in succeeding fiscal years equal to the number of	102158
days instruction was held or is scheduled for the current fiscal	102159
year, as follows:	102160

(a) A certificate attached to an appropriation measure under	102161
this section shall cover only the fiscal year in which the	102162
appropriation measure is effective and shall not consider the	102163
renewal or replacement of an existing levy as the authority to	102164
levy taxes that are subject to appropriation in the current fiscal	102165
year unless the renewal or replacement levy has been approved by	102166
the electors and is subject to appropriation in the current fiscal	102167
year.	102168

(b) A certificate attached, in accordance with this section,	102169
to any qualifying contract shall cover the term of the contract.	102170

(c) A certificate attached under this section to a wage or	102171
salary schedule shall cover the term of the schedule.	102172

If the board of education has not adopted a school calendar	102173
for the school year beginning on the first day of the fiscal year	102174
in which a certificate is required, the certificate attached to an	102175
appropriation measure shall include the number of days on which	102176
instruction was held in the preceding fiscal year and other	102177
certificates required under this section shall include that number	102178
of days for the fiscal year in which the certificate is required	102179
and any succeeding fiscal years that the certificate must cover.	102180

The certificate shall be signed by the treasurer and	102181
president of the board of education and the superintendent of the	102182
school district, unless the district is in a state of fiscal	102183
emergency declared under Chapter 3316. of the Revised Code. In	102184
that case, the certificate shall be signed by a member of the	102185
district's financial planning and supervision commission who is	102186
designated by the commission for this purpose.	102187

(2) In lieu of the certificate required under division (B) of	102188
this section, an alternative certificate stating the following may	102189
be attached:	102190

(a) The contract is a multi-year contract for materials,	102191
equipment, or nonpayroll services essential to the education	102192
program of the district;	102193

(b) The multi-year contract demonstrates savings over the	102194
duration of the contract as compared to costs that otherwise would	102195
have been demonstrated in a single year contract, and the terms	102196
will allow the district to reduce the deficit it is currently	102197
facing in future years as demonstrated in its five-year forecast	102198
adopted in accordance with section 5705.391 of the Revised Code.	102199

The certificate shall be signed by the treasurer and	102200
president of the board of education and the superintendent of the	102201
school district, unless the district is in a state of fiscal	102202
emergency declared under Chapter 3316. of the Revised Code. In	102203
that case, the certificate shall be signed by a member of the	102204
district's financial planning and supervision commission who is	102205
designated by the commission for this purpose.	102206

(C) Every qualifying contract made or wage or salary schedule	102207
adopted or put into effect without such a certificate shall be	102208
void, and no payment of any amount due thereon shall be made.	102209

(D) The department of education and the auditor of state	102210
jointly shall adopt rules governing the methods by which	102211
treasurers, presidents of boards of education, superintendents,	102212
and members of financial planning and supervision commissions	102213
shall estimate revenue and determine whether such revenue is	102214
sufficient to provide necessary operating revenue for the purpose	102215
of making certifications required by this section.	102216

(E) The auditor of state shall be responsible for determining	102217
whether school districts are in compliance with this section. At	102218
the time a school district is audited pursuant to section 117.11	102219
of the Revised Code, the auditor of state shall review each	102220
certificate issued under this section since the district's last	102221
audit, and the appropriation measure, contract, or wage and salary	102222
schedule to which such certificate was attached. If the auditor of	102223
state determines that a school district has not complied with this	102224
section with respect to any qualifying contract or wage or salary	102225
schedule, the auditor of state shall notify the prosecuting	102226
attorney for the county, the city director of law, or other chief	102227
law officer of the school district. That officer may file a civil	102228
action in any court of appropriate jurisdiction to seek a	102229
declaration that the contract or wage or salary schedule is void,	102230
to recover for the school district from the payee the amount of	102231
payments already made under it, or both, except that the officer	102232
shall not seek to recover payments made under any collective	102233
bargaining agreement entered into under Chapter 4117. of the	102234
Revised Code. If the officer does not file such an action within	102235
one hundred twenty days after receiving notice of noncompliance	102236
from the auditor of state, any taxpayer may institute the action	102237
in the taxpayer's own name on behalf of the school district.	102238

(F) ~~This section does not apply to any contract or increase~~	102239
~~in any wage or salary schedule that is necessary in order to~~	102240
~~enable a board of education to comply with division (B) of section~~	102241
~~3317.13 of the Revised Code, provided the contract or increase~~	102242
~~does not exceed the amount required to be paid to be in compliance~~	102243
~~with such division.~~	102244

~~(G)~~ Any officer, employee, or other person who expends or	102245
authorizes the expenditure of any public funds or authorizes or	102246
executes any contract or schedule contrary to this section,	102247
expends or authorizes the expenditure of any public funds on the	102248
void contract or schedule, or issues a certificate under this	102249
section which contains any false statements is liable to the	102250
school district for the full amount paid from the district's funds	102251
on the contract or schedule. The officer, employee, or other	102252
person is jointly and severally liable in person and upon any	102253
official bond that the officer, employee, or other person has	102254
given to the school district to the extent of any payments on the	102255
void claim, not to exceed ten thousand dollars. However, no	102256
officer, employee, or other person shall be liable for a mistaken	102257
estimate of available resources made in good faith and based upon	102258
reasonable grounds. If an officer, employee, or other person is	102259
found to have complied with rules jointly adopted by the	102260
department of education and the auditor of state under this	102261
section governing methods by which revenue shall be estimated and	102262
determined sufficient to provide necessary operating revenue for	102263
the purpose of making certifications required by this section, the	102264
officer, employee, or other person shall not be liable under this	102265
section if the estimates and determinations made according to	102266
those rules do not, in fact, conform with actual revenue. The	102267
prosecuting attorney of the county, the city director of law, or	102268
other chief law officer of the district shall enforce this	102269
liability by civil action brought in any court of appropriate	102270
jurisdiction in the name of and on behalf of the school district.	102271
If the prosecuting attorney, city director of law, or other chief	102272
law officer of the district fails, upon the written request of any	102273
taxpayer, to institute action for the enforcement of the	102274
liability, the attorney general, or the taxpayer in the taxpayer's	102275
own name, may institute the action on behalf of the subdivision.	102276

~~(H)~~(G) This section does not require the attachment of an	102277
additional certificate beyond that required by section 5705.41 of	102278
the Revised Code for current payrolls of, or contracts of	102279
employment with, any employees or officers of the school district.	102280

This section does not require the attachment of a certificate	102281
to a temporary appropriation measure if all of the following	102282
apply:	102283

(1) The amount appropriated does not exceed twenty-five per	102284
cent of the total amount from all sources available for	102285
expenditure from any fund during the preceding fiscal year;	102286

(2) The measure will not be in effect on or after the	102287
thirtieth day following the earliest date on which the district	102288
may pass an annual appropriation measure;	102289

(3) An amended official certificate of estimated resources	102290
for the current year, if required, has not been certified to the	102291
board of education under division (B) of section 5705.36 of the	102292
Revised Code.	102293

Sec. 5709.17. The following property shall be exempted from	102294
taxation:	102295

(A) Real estate held or occupied by an association or	102296
corporation, organized or incorporated under the laws of this	102297
state relative to soldiers' memorial associations, monumental	102298
building associations, or cemetery associations or corporations,	102299
which in the opinion of the trustees, directors, or managers	102300
thereof is necessary and proper to carry out the object intended	102301
for such association or corporation;	102302

(B) Real estate and tangible personal property held or	102303
occupied by a veterans' organization that qualifies for exemption	102304
from taxation under section 501(c)(19) or 501(c)(23) of the	102305
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	102306
amended, and is incorporated under the laws of this state or the	102307
United States, except real estate held by such organization for	102308
the production of rental or other income in excess of the	102309
designated amount, before accounting for any cost or expense	102310
incurred in the production of such income. For the purposes of	102311
this division, the designated amount equals seven thousand five	102312
hundred dollars in tax year 2002, and shall be increased by two	102313
hundred fifty dollars each year thereafter until tax year 2012,	102314
when it shall equal ten thousand dollars. For tax years 2013 and	102315
thereafter, the designated amount shall equal ten thousand	102316
dollars.	102317

(C) Tangible personal property held by a corporation	102318
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	102319
section 501(c)(3) of the Internal Revenue Code, and exempt from	102320
taxation under section 501(a) of the Internal Revenue Code shall	102321
be exempt from taxation if it is property obtained as described in	102322
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	102323

(D) Real estate held or occupied by a fraternal organization	102324
and used primarily for meetings of and the administration of the	102325
fraternal organization. As used in this division, "fraternal	102326
organization" means a domestic fraternal society, order, or	102327
association operating under the lodge, council, or grange system	102328
that qualifies for exemption from taxation under section	102329
501(c)(5), 501(c)(8), or 501(c)(10) of the "Internal Revenue Code	102330
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended; that provides	102331
financial support for charitable purposes, as defined in division	102332
(B)(12) of section 5739.02 of the Revised Code; and that has been	102333
operating in this state with a state governing body for at least	102334
one hundred years.	102335

Sec. 5709.212. (A) With every application for an exempt	102336
facility certificate filed pursuant to section 5709.21 of the	102337
Revised Code, the applicant shall pay a fee equal to one-half of	102338
one per cent of the total exempt facility project cost, not to	102339
exceed two thousand dollars. One-half of the fee received with	102340
applications for exempt facility certificates shall be credited to	102341
the exempt facility administrative fund, which is hereby created	102342
in the state treasury, for appropriation to the department of	102343
taxation for use in administering sections 5709.20 to 5709.27 of	102344
the Revised Code. If the director of environmental protection is	102345
required to provide the opinion for an application, one-half of	102346
the fee shall be credited to the non-Title V clean air fund	102347
created in section 3704.035 of the Revised Code for use in	102348
administering section 5709.211 of the Revised Code, unless the	102349
application is for an industrial water pollution control facility.	102350
If the application is for an industrial water pollution control	102351
facility, one-half of the fee shall be credited to the surface	102352
water protection fund created in section 6111.038 of the Revised	102353
Code for use in administering section 5709.211 of the Revised	102354
Code. ~~If the director of development is required to provide the~~	102355
~~opinion for an application, one-half of the fee for each exempt~~	102356
~~facility application shall be credited to the exempt facility~~	102357
~~inspection fund, which is hereby created in the state treasury,~~	102358
~~for appropriation to the department of development for use in~~	102359
~~administering section 5709.211 of the Revised Code.~~	102360

An applicant is not entitled to any tax exemption under	102361
section 5709.25 of the Revised Code until the fee required by this	102362
section is paid. The fee required by this section is not	102363
refundable, and is due with the application for an exempt facility	102364
certificate even if an exempt facility certificate ultimately is	102365
not issued or is withdrawn. Any application submitted without	102366
payment of the fee shall be deemed incomplete until the fee is	102367
paid.	102368

(B) The application fee imposed under division (A) of this	102369
section for a jointly owned facility shall be equal to one-half of	102370
one per cent of the total exempt facility project cost, not to	102371
exceed two thousand dollars for each facility that is the subject	102372
of the application.	102373

Sec. 5709.75. (A) Any township that receives service payments	102374
in lieu of taxes under section 5709.74 of the Revised Code shall	102375
establish a township public improvement tax increment equivalent	102376
fund into which those payments shall be deposited. If the board of	102377
township trustees has adopted a resolution under division (C) of	102378
section 5709.73 of the Revised Code, the township shall establish	102379
at least one account in that fund with respect to resolutions	102380
adopted under division (B) of that section, and one account with	102381
respect to each incentive district created by a resolution adopted	102382
under division (C) of that section. If a resolution adopted under	102383
division (C) of section 5709.73 of the Revised Code also	102384
authorizes the use of service payments for housing renovations	102385
within the incentive district, the township shall establish	102386
separate accounts for the service payments designated for public	102387
infrastructure improvements and for the service payments	102388
authorized for the purpose of housing renovations.	102389

(B) Except as otherwise provided in division (C) or (D) of	102390
this section, money deposited in an account of the township public	102391
improvement tax increment equivalent fund shall be used by the	102392
township to pay the costs of public infrastructure improvements	102393
designated in or the housing renovations authorized by the	102394
resolution with respect to which the account is established,	102395
including any interest on and principal of the notes; in the case	102396
of an account established with respect to a resolution adopted	102397
under division (C) of that section, money in the account shall be	102398
used to finance the public infrastructure improvements designated,	102399
or the housing renovations authorized, for each incentive district	102400
created in the resolution. Money in an account shall not be used	102401
to finance or support housing renovations that take place after	102402
the incentive district has expired.	102403

(C)(1)(a) A township may distribute money in such an account	102404
to any school district in which the exempt property is located in	102405
an amount not to exceed the amount of real property taxes that	102406
such school district would have received from the improvement if	102407
it were not exempt from taxation. The resolution establishing the	102408
fund shall set forth the percentage of such maximum amount that	102409
will be distributed to any affected school district.	102410

(b) A township also may distribute money in such an account	102411
as follows:	102412

(i) To a board of county commissioners, in the amount that is	102413
owed to the board pursuant to division (E) of section 5709.73 of	102414
the Revised Code;	102415

(ii) To a county in accordance with section 5709.913 of the	102416
Revised Code.	102417

(2) Money from an account in a township public improvement	102418
tax increment equivalent fund may be distributed under division	102419
(C)(1)(b) of this section, regardless of the date a resolution was	102420
adopted under section 5709.73 of the Revised Code that prompted	102421
the establishment of the account, even if the resolution was	102422
adopted prior to March 30, 2006.	102423

(D) A board of township trustees that adopted a resolution	102424
under ~~division (B) of~~ section 5709.73 of the Revised Code ~~before~~	102425
~~January 1, 1995,~~ and that, with respect to property exempted under	102426
such a resolution, is party to a hold-harmless or service	102427
agreement, may appropriate and expend unencumbered money in the	102428
fund to pay current public safety expenses of the township. A	102429
township appropriating and expending money under this division	102430
shall reimburse the fund for the sum so appropriated and expended	102431
not later than the day the exemption granted under the resolution	102432
expires. For the purposes of this division, a "hold-harmless	102433
agreement" is an agreement with the board of education of a city,	102434
local, or exempted village school district under which the board	102435
of township trustees agrees to compensate the school district for	102436
one hundred per cent of the tax revenue the school district would	102437
have received from improvements to parcels designated in the	102438
resolution were it not for the exemption granted by the	102439
resolution.	102440

(E) Any ~~incidental surplus~~unencumbered money remaining in	102441
the township public improvement tax increment equivalent fund or	102442
an account of that fund upon dissolution of the account or fund	102443
shall be transferred to the general fund of the township.	102444

Sec. 5725.18. (A) An annual franchise tax on the privilege	102445
of being an insurance company is hereby levied on each domestic	102446
insurance company. In the month of May, annually, the treasurer of	102447
state shall charge for collection from each domestic insurance	102448
company a franchise tax in the amount computed in accordance with	102449
the following, as applicable:	102450

(1) With respect to a domestic insurance company that is a	102451
health insuring corporation, one per cent of all premium rate	102452
payments received, exclusive of payments received under the	102453
medicare program ~~established under Title XVIII of the "Social~~	102454
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	102455
and exclusive of payments received pursuant to the ~~medical~~	102456
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	102457
~~Revised Code~~ for the period ending September 30, 2009, as	102458
reflected in its annual report for the preceding calendar year;	102459

(2) With respect to a domestic insurance company that is not	102460
a health insuring corporation, one and four-tenths per cent of the	102461
gross amount of premiums received from policies covering risks	102462
within this state, exclusive of premiums received under the	102463
medicare program ~~established under Title XVIII of the "Social~~	102464
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	102465
and exclusive of payments received pursuant to the ~~medical~~	102466
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	102467
~~Revised Code~~ for the period ending September 30, 2009, as	102468
reflected in its annual statement for the preceding calendar year,	102469
and, if the company operates a health insuring corporation as a	102470
line of business, one per cent of all premium rate payments	102471
received from that line of business, exclusive of payments	102472
received under the medicare program ~~established under Title XVIII~~	102473
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	102474
~~301, as amended,~~ and exclusive of payments received pursuant to	102475
the ~~medical assistance~~medicaid program ~~established under Chapter~~	102476
~~5111. of the Revised Code~~ for the period ending September 30,	102477
2009, as reflected in its annual statement for the preceding	102478
calendar year.	102479

Domestic insurance companies, including health insuring	102480
corporations, receiving payments pursuant to the ~~medical~~	102481
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	102482
~~Revised Code~~ during the period beginning October 1, 2009, and	102483
ending December 31, 2009, shall file with the 2009 annual	102484
statement to the superintendent a schedule that reflects those	102485
payments received pursuant to the ~~medical assistance~~medicaid	102486
program for that period. The payments reflected in the schedule,	102487
plus all other taxable premiums, are subject to the annual	102488
franchise tax due to be paid in 2010.	102489

(B) The gross amount of premium rate payments or premiums	102490
used to compute the applicable tax in accordance with division (A)	102491
of this section is subject to the deductions prescribed by section	102492
5729.03 of the Revised Code for foreign insurance companies. The	102493
objects of such tax are those declared in section 5725.24 of the	102494
Revised Code, to which only such tax shall be applied.	102495

(C) In no case shall such tax be less than two hundred fifty	102496
dollars.	102497

Sec. 5726.20. (A) The tax commissioner may make an	102498
assessment, based on any information in the commissioner's	102499
possession, against any person that fails to file a return or	102500
report or pay any tax as required by this chapter. The reporting	102501
person for a taxpayer shall file the annual report required under	102502
section 5726.02 of the Revised Code and remit the tax imposed by	102503
this chapter. Each person included in the annual report of the	102504
taxpayer is jointly and severally liable for the tax imposed by	102505
this chapter and any penalties and interest thereon. If the	102506
reporting person fails, for any reason, to file and remit any tax,	102507
the amount due may be collected by assessment against the	102508
reporting person and against any or all other persons required to	102509
be included in the annual report of the taxpayer ~~in the manner~~	102510
~~provided by this section~~as provided in section 5703.90 of the	102511
Revised Code. The commissioner shall make the assessment in the	102512
manner provided in this section. The commissioner shall give the	102513
person assessed written notice of the assessment as provided in	102514
section 5703.37 of the Revised Code. With the notice, the	102515
commissioner shall provide instructions on the manner in which to	102516
petition for reassessment and request a hearing with respect to	102517
the petition.	102518

(B) No assessment shall be made or issued against a person	102519
under this section more than four years after the later of the	102520
final date the report subject to assessment was required to be	102521
filed or the date such report was filed. Such time limit may be	102522
extended if both the person and the commissioner consent in	102523
writing to the extension or if an agreement waiving or extending	102524
the time limit has been entered into pursuant to section 122.171	102525
of the Revised Code. Any such extension shall extend the four-year	102526
time limit prescribed in division (A) of section 5726.30 of the	102527
Revised Code for the same period of time. There shall be no bar or	102528
limit to an assessment against a person that fails to file a	102529
report subject to assessment as required by this chapter, or that	102530
files a fraudulent report.	102531

(C) Unless the person assessed, within sixty days after	102532
service of the notice of assessment, files with the tax	102533
commissioner, either in person or by certified mail, a written	102534
petition for reassessment signed by the person or the person's	102535
authorized agent having knowledge of the facts, the assessment	102536
shall become final, and the amount of the assessment is due and	102537
payable from the person assessed to the treasurer of state. A	102538
petition shall indicate the objections of the person assessed, but	102539
additional objections may be raised in writing if received by the	102540
commissioner prior to the date shown on the final determination.	102541
If a petition for reassessment has been properly filed, the	102542
commissioner shall proceed under section 5703.60 of the Revised	102543
Code.	102544

(D)(1) After an assessment becomes final, if any portion of	102545
the assessment, including any accrued interest, remains unpaid, a	102546
certified copy of the tax commissioner's entry making the	102547
assessment final may be filed in the office of the clerk of the	102548
court of common pleas in the county in which the person resides or	102549
has its principal place of business in this state, or in the	102550
office of the clerk of court of common pleas of Franklin county.	102551

(2) Immediately upon the filing of the entry, the clerk shall	102552
enter judgment for the state against the person assessed in the	102553
amount shown on the entry. The judgment may be filed by the clerk	102554
in a loose-leaf book entitled, "special judgments for the	102555
financial institution tax" and shall have the same effect as other	102556
judgments. Execution shall issue upon the judgment at the request	102557
of the tax commissioner, and all laws applicable to sales on	102558
execution shall apply to sales made under the judgment.	102559

(3) ~~The portion of~~If the assessment is not paid in its	102560
entirety within sixty days after the day the assessment was	102561
issued, the portion of the assessment consisting of tax due shall	102562
bear interest at the rate per annum prescribed by section 5703.47	102563
of the Revised Code from the date the tax commissioner issues the	102564
assessment until the date the assessment is paid or until it is	102565
certified to the attorney general for collection under section	102566
131.02 of the Revised Code, whichever comes first. If the unpaid	102567
portion of the assessment is certified to the attorney general for	102568
collection, the entire unpaid portion of the assessment shall bear	102569
interest at the rate per annum prescribed by section 5703.47 of	102570
the Revised Code from the date of certification until the date it	102571
is paid in its entirety. Interest shall be paid in the same manner	102572
as the tax and may be collected by the issuance of an assessment	102573
under this section.	102574

(E) If the tax commissioner believes that collection of the	102575
tax imposed by this chapter will be jeopardized unless proceedings	102576
to collect or secure collection of the tax are instituted without	102577
delay, the commissioner may issue a jeopardy assessment against	102578
the person liable for the tax. Immediately upon the issuance of	102579
the jeopardy assessment, the commissioner shall file an entry with	102580
the clerk of the court of common pleas in the manner prescribed by	102581
division (D) of this section. Notice of the jeopardy assessment	102582
shall be served on the person assessed or the person's authorized	102583
agent in the manner provided in section 5703.37 of the Revised	102584
Code within five days of the filing of the entry with the clerk.	102585
The total amount assessed shall be immediately due and payable,	102586
unless the person assessed files a petition for reassessment in	102587
accordance with division (C) of this section and provides security	102588
in a form satisfactory to the commissioner and in an amount	102589
sufficient to satisfy the unpaid balance of the assessment. Full	102590
or partial payment of the assessment shall not prejudice the	102591
commissioner's consideration of the petition for reassessment.	102592

(F) The tax commissioner shall immediately forward to the	102593
treasurer of state all amounts the commissioner receives under	102594
this section. Such amounts shall be considered as revenue arising	102595
from the tax imposed by this chapter.	102596

(G) If the tax commissioner possesses information indicating	102597
that the amount of tax a taxpayer is required to pay under this	102598
chapter exceeds the amount the reporting person for the taxpayer	102599
paid, the tax commissioner may audit a sample of the taxpayer's	102600
gross receipts over a representative period of time to ascertain	102601
the amount of tax due, and may issue an assessment based on the	102602
audit. The tax commissioner shall make a good faith effort to	102603
reach agreement with the taxpayer in selecting a representative	102604
sample. The tax commissioner may apply a sampling method only if	102605
the commissioner has prescribed the method by rule.	102606

(H) If the whereabouts of a person subject to this chapter is	102607
not known to the tax commissioner, the secretary of state is	102608
hereby deemed to be that person's agent for purposes of service of	102609
process or notice of any assessment, action, or proceedings	102610
instituted in this state against the person under this chapter.	102611
Such process or notice shall be served on such person by the	102612
commissioner or by an agent of the commissioner by leaving a true	102613
and attested copy of the process or notice at the office of the	102614
secretary of state at least fifteen days before the return day of	102615
such process or notice, and by sending a copy of the process or	102616
notice to such person by ordinary mail, with an endorsement	102617
thereon of the service upon the secretary of state, addressed to	102618
such person at the person's last known address.	102619

Sec. 5727.26. (A) The tax commissioner may make an	102620
assessment, based on any information in the commissioner's	102621
possession, against any natural gas company or combined company	102622
that fails to file a return or pay any tax, interest, or	102623
additional charge as required by sections 5727.24 to 5727.29 of	102624
the Revised Code. The commissioner shall give the company assessed	102625
written notice of the assessment as provided in section 5703.37 of	102626
the Revised Code. With the notice, the commissioner shall provide	102627
instructions on how to petition for reassessment and request a	102628
hearing on the petition. A penalty of up to fifteen per cent may	102629
be added to all amounts assessed under this section. The tax	102630
commissioner may adopt rules providing for the imposition and	102631
remission of the penalty.	102632

(B) Unless the company assessed, within sixty days after	102633
service of the notice of assessment, files with the tax	102634
commissioner, either personally or by certified mail, a written	102635
petition signed by the company's authorized agent having knowledge	102636
of the facts, the assessment becomes final, and the amount of the	102637
assessment is due and payable from the company assessed to the	102638
treasurer of state. The petition shall indicate the objections of	102639
the company assessed, but additional objections may be raised in	102640
writing if received by the commissioner prior to the date shown on	102641
the final determination.	102642

If a petition for reassessment has been properly filed, the	102643
commissioner shall proceed under section 5703.60 of the Revised	102644
Code.	102645

(C) After an assessment becomes final, if any portion of the	102646
assessment, including accrued interest, remains unpaid, a	102647
certified copy of the tax commissioner's entry making the	102648
assessment final may be filed in the office of the clerk of the	102649
court of common pleas in the county in which the natural gas	102650
company's or combined company's principal place of business is	102651
located, or in the office of the clerk of court of common pleas of	102652
Franklin county.	102653

Immediately on the filing of the entry, the clerk shall enter	102654
judgment for the state against the company assessed in the amount	102655
shown on the entry. The judgment may be filed by the clerk in a	102656
loose-leaf book entitled, "special judgments for the public	102657
utility excise tax on natural gas and combined companies," and	102658
shall have the same effect as other judgments. Execution shall	102659
issue upon the judgment at the request of the tax commissioner,	102660
and all laws applicable to sales on execution shall apply to sales	102661
made under the judgment.	102662

~~The portion of~~If the assessment is not paid in its entirety	102663
within sixty days after the day the assessment was issued, the	102664
portion of the assessment consisting of tax due shall bear	102665
interest at the rate per annum prescribed by section 5703.47 of	102666
the Revised Code from the day the tax commissioner issues the	102667
assessment until it is paid or until it is certified to the	102668
attorney general for collection under section 131.02 of the	102669
Revised Code, whichever comes first. If the unpaid portion of the	102670
assessment is certified to the attorney general for collection,	102671
the entire unpaid portion of the assessment shall bear interest at	102672
the rate per annum prescribed by section 5703.47 of the Revised	102673
Code from the date of certification until the date it is paid in	102674
its entirety. Interest shall be paid in the same manner as the tax	102675
and may be collected by the issuance of an assessment under this	102676
section.	102677

(D) If the tax commissioner believes that collection of the	102678
tax will be jeopardized unless proceedings to collect or secure	102679
collection of the tax are instituted without delay, the	102680
commissioner may issue a jeopardy assessment against the company	102681
liable for the tax. Immediately upon the issuance of the jeopardy	102682
assessment, the commissioner shall file an entry with the clerk of	102683
the court of common pleas in the manner prescribed by division (C)	102684
of this section. Notice of the jeopardy assessment shall be served	102685
on the company assessed or the company's authorized agent in the	102686
manner provided in section 5703.37 of the Revised Code within five	102687
days of the filing of the entry with the clerk. The total amount	102688
assessed is immediately due and payable, unless the company	102689
assessed files a petition for reassessment in accordance with	102690
division (B) of this section and provides security in a form	102691
satisfactory to the commissioner and in an amount sufficient to	102692
satisfy the unpaid balance of the assessment. Full or partial	102693
payment of the assessment does not prejudice the commissioner's	102694
consideration of the petition for reassessment.	102695

(E) The tax commissioner shall immediately forward to the	102696
treasurer of state all amounts that the tax commissioner receives	102697
under this section, and such amounts shall be considered revenue	102698
arising from the tax imposed by section 5727.24 of the Revised	102699
Code.	102700

(F) No assessment shall be made or issued against a natural	102701
gas company or combined company for the tax imposed by section	102702
5727.24 of the Revised Code more than four years after the return	102703
date for the period in which the tax was reported, or more than	102704
four years after the return for the period was filed, whichever is	102705
later.	102706

Sec. 5727.75. (A) For purposes of this section:

102707

(1) "Qualified energy project" means an energy project	102708
certified by the director of development pursuant to this section.	102709

(2) "Energy project" means a project to provide electric	102710
power through the construction, installation, and use of an energy	102711
facility.	102712

(3) "Alternative energy zone" means a county declared as such	102713
by the board of county commissioners under division (E)(1)(b) or	102714
(c) of this section.	102715

(4) "Full-time equivalent employee" means the total number of	102716
employee-hours for which compensation was paid to individuals	102717
employed at a qualified energy project for services performed at	102718
the project during the calendar year divided by two thousand	102719
eighty hours.	102720

(5) "Solar energy project" means an energy project composed	102721
of an energy facility using solar panels to generate electricity.	102722

(B)(1) Tangible personal property of a qualified energy	102723
project using renewable energy resources is exempt from taxation	102724
for tax years 2011~~, 2012, 2013, and 2014~~through 2019 if all of	102725
the following conditions are satisfied:	102726

(a) On or before December 31, ~~2013~~2018, the owner or a	102727
lessee pursuant to a sale and leaseback transaction of the project	102728
submits an application to the power siting board for a certificate	102729
under section 4906.20 of the Revised Code, or if that section does	102730
not apply, submits an application for any approval, consent,	102731
permit, or certificate or satisfies any condition required by a	102732
public agency or political subdivision of this state for the	102733
construction or initial operation of an energy project.	102734

(b) Construction or installation of the energy facility	102735
begins on or after January 1, 2009, and before January 1, ~~2014~~	102736
2019. For the purposes of this division, construction begins on	102737
the earlier of the date of application for a certificate or other	102738
approval or permit described in division (B)(1)(a) of this	102739
section, or the date the contract for the construction or	102740
installation of the energy facility is entered into.	102741

(c) For a qualified energy project with a nameplate capacity	102742
of five megawatts or greater, a board of county commissioners of a	102743
county in which property of the project is located has adopted a	102744
resolution under division (E)(1)(b) or (c) of this section to	102745
approve the application submitted under division (E) of this	102746
section to exempt the property located in that county from	102747
taxation. A board's adoption of a resolution rejecting an	102748
application or its failure to adopt a resolution approving the	102749
application does not affect the tax-exempt status of the qualified	102750
energy project's property that is located in another county.	102751

(2) If tangible personal property of a qualified energy	102752
project using renewable energy resources was exempt from taxation	102753
under this section beginning in any of tax years 2011, 2012, 2013,	102754
or 2014, 2015, 2016, 2017, 2018, or 2019, and the certification	102755
under division (E)(2) of this section has not been revoked, the	102756
tangible personal property of the qualified energy project is	102757
exempt from taxation for tax year ~~2015~~2020 and all ensuing tax	102758
years if the property was placed into service before January 1,	102759
~~2015~~2020, as certified in the construction progress report	102760
required under division (F)(2) of this section. Tangible personal	102761
property that has not been placed into service before that date is	102762
taxable property subject to taxation. An energy project for which	102763
certification has been revoked is ineligible for further exemption	102764
under this section. Revocation does not affect the tax-exempt	102765
status of the project's tangible personal property for the tax	102766
year in which revocation occurs or any prior tax year.	102767

(C) Tangible personal property of a qualified energy project	102768
using clean coal technology, advanced nuclear technology, or	102769
cogeneration technology is exempt from taxation for the first tax	102770
year that the property would be listed for taxation and all	102771
subsequent years if all of the following circumstances are met:	102772

(1) The property was placed into service before January 1,	102773
~~2019~~2024. Tangible personal property that has not been placed	102774
into service before that date is taxable property subject to	102775
taxation.	102776

(2) For such a qualified energy project with a nameplate	102777
capacity of five megawatts or greater, a board of county	102778
commissioners of a county in which property of the qualified	102779
energy project is located has adopted a resolution under division	102780
(E)(1)(b) or (c) of this section to approve the application	102781
submitted under division (E) of this section to exempt the	102782
property located in that county from taxation. A board's adoption	102783
of a resolution rejecting the application or its failure to adopt	102784
a resolution approving the application does not affect the	102785
tax-exempt status of the qualified energy project's property that	102786
is located in another county.	102787

(3) The certification for the qualified energy project issued	102788
under division (E)(2) of this section has not been revoked. An	102789
energy project for which certification has been revoked is	102790
ineligible for exemption under this section. Revocation does not	102791
affect the tax-exempt status of the project's tangible personal	102792
property for the tax year in which revocation occurs or any prior	102793
tax year.	102794

(D) Except as otherwise provided in this section, real	102795
property of a qualified energy project is exempt from taxation for	102796
any tax year for which the tangible personal property of the	102797
qualified energy project is exempted under this section.	102798

(E)(1)(a) A person may apply to the director of development	102799
for certification of an energy project as a qualified energy	102800
project on or before the following dates:	102801

(i) December 31, ~~2013~~2018, for an energy project using	102802
renewable energy resources;	102803

(ii) December 31, ~~2015~~2020, for an energy project using	102804
clean coal technology, advanced nuclear technology, or	102805
cogeneration technology.	102806

(b) The director shall forward a copy of each application for	102807
certification of an energy project with a nameplate capacity of	102808
five megawatts or greater to the board of county commissioners of	102809
each county in which the project is located and to each taxing	102810
unit with territory located in each of the affected counties. Any	102811
board that receives from the director a copy of an application	102812
submitted under this division shall adopt a resolution approving	102813
or rejecting the application unless it has adopted a resolution	102814
under division (E)(1)(c) of this section. A resolution adopted	102815
under division (E)(1)(b) or (c) of this section may require an	102816
annual service payment to be made in addition to the service	102817
payment required under division (G) of this section. The sum of	102818
the service payment required in the resolution and the service	102819
payment required under division (G) of this section shall not	102820
exceed nine thousand dollars per megawatt of nameplate capacity	102821
located in the county. The resolution shall specify the time and	102822
manner in which the payments required by the resolution shall be	102823
paid to the county treasurer. The county treasurer shall deposit	102824
the payment to the credit of the county's general fund to be used	102825
for any purpose for which money credited to that fund may be used.	102826

The board shall send copies of the resolution by certified	102827
mail to the owner of the facility and the director within thirty	102828
days after receipt of the application, or a longer period of time	102829
if authorized by the director.	102830

(c) A board of county commissioners may adopt a resolution	102831
declaring the county to be an alternative energy zone and	102832
declaring all applications submitted to the director of	102833
development under this division after the adoption of the	102834
resolution, and prior to its repeal, to be approved by the board.	102835

All tangible personal property and real property of an energy	102836
project with a nameplate capacity of five megawatts or greater is	102837
taxable if it is located in a county in which the board of county	102838
commissioners adopted a resolution rejecting the application	102839
submitted under this division or failed to adopt a resolution	102840
approving the application under division (E)(1)(b) or (c) of this	102841
section.	102842

(2) The director shall certify an energy project if all of	102843
the following circumstances exist:	102844

(a) The application was timely submitted.

102845

(b) For an energy project with a nameplate capacity of five	102846
megawatts or greater, a board of county commissioners of at least	102847
one county in which the project is located has adopted a	102848
resolution approving the application under division (E)(1)(b) or	102849
(c) of this section.	102850

(c) No portion of the project's facility was used to supply	102851
electricity before December 31, 2009.	102852

(3) The director shall deny a certification application if	102853
the director determines the person has failed to comply with any	102854
requirement under this section. The director may revoke a	102855
certification if the director determines the person, or subsequent	102856
owner or lessee pursuant to a sale and leaseback transaction of	102857
the qualified energy project, has failed to comply with any	102858
requirement under this section. Upon certification or revocation,	102859
the director shall notify the person, owner, or lessee, the tax	102860
commissioner, and the county auditor of a county in which the	102861
project is located of the certification or revocation. Notice	102862
shall be provided in a manner convenient to the director.	102863

(F) The owner or a lessee pursuant to a sale and leaseback	102864
transaction of a qualified energy project shall do each of the	102865
following:	102866

(1) Comply with all applicable regulations;

102867

(2) File with the director of development a certified	102868
construction progress report before the first day of March of each	102869
year during the energy facility's construction or installation	102870
indicating the percentage of the project completed, and the	102871
project's nameplate capacity, as of the preceding thirty-first day	102872
of December. Unless otherwise instructed by the director of	102873
development, the owner or lessee of an energy project shall file a	102874
report with the director on or before the first day of March each	102875
year after completion of the energy facility's construction or	102876
installation indicating the project's nameplate capacity as of the	102877
preceding thirty-first day of December. Not later than sixty days	102878
after June 17, 2010, the owner or lessee of an energy project, the	102879
construction of which was completed before June 17, 2010, shall	102880
file a certificate indicating the project's nameplate capacity.	102881

(3) File with the director of development, in a manner	102882
prescribed by the director, a report of the total number of	102883
full-time equivalent employees, and the total number of full-time	102884
equivalent employees domiciled in Ohio, who are employed in the	102885
construction or installation of the energy facility;	102886

(4) For energy projects with a nameplate capacity of five	102887
megawatts or greater, repair all roads, bridges, and culverts	102888
affected by construction as reasonably required to restore them to	102889
their preconstruction condition, as determined by the county	102890
engineer in consultation with the local jurisdiction responsible	102891
for the roads, bridges, and culverts. In the event that the county	102892
engineer deems any road, bridge, or culvert to be inadequate to	102893
support the construction or decommissioning of the energy	102894
facility, the road, bridge, or culvert shall be rebuilt or	102895
reinforced to the specifications established by the county	102896
engineer prior to the construction or decommissioning of the	102897
facility. The owner or lessee of the facility shall post a bond in	102898
an amount established by the county engineer and to be held by the	102899
board of county commissioners to ensure funding for repairs of	102900
roads, bridges, and culverts affected during the construction. The	102901
bond shall be released by the board not later than one year after	102902
the date the repairs are completed. The energy facility owner or	102903
lessee pursuant to a sale and leaseback transaction shall post a	102904
bond, as may be required by the Ohio power siting board in the	102905
certificate authorizing commencement of construction issued	102906
pursuant to section 4906.10 of the Revised Code, to ensure funding	102907
for repairs to roads, bridges, and culverts resulting from	102908
decommissioning of the facility. The energy facility owner or	102909
lessee and the county engineer may enter into an agreement	102910
regarding specific transportation plans, reinforcements,	102911
modifications, use and repair of roads, financial security to be	102912
provided, and any other relevant issue.	102913

(5) Provide or facilitate training for fire and emergency	102914
responders for response to emergency situations related to the	102915
energy project and, for energy projects with a nameplate capacity	102916
of five megawatts or greater, at the person's expense, equip the	102917
fire and emergency responders with proper equipment as reasonably	102918
required to enable them to respond to such emergency situations;	102919

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	102920
employees employed in the construction or installation of the	102921
energy project to total full-time equivalent employees employed in	102922
the construction or installation of the energy project of not less	102923
than eighty per cent in the case of a solar energy project, and	102924
not less than fifty per cent in the case of any other energy	102925
project. In the case of an energy project for which certification	102926
from the power siting board is required under section 4906.20 of	102927
the Revised Code, the number of full-time equivalent employees	102928
employed in the construction or installation of the energy project	102929
equals the number actually employed or the number projected to be	102930
employed in the certificate application, if such projection is	102931
required under regulations adopted pursuant to section 4906.03 of	102932
the Revised Code, whichever is greater. For all other energy	102933
projects, the number of full-time equivalent employees employed in	102934
the construction or installation of the energy project equals the	102935
number actually employed or the number projected to be employed by	102936
the director of development, whichever is greater. To estimate the	102937
number of employees to be employed in the construction or	102938
installation of an energy project, the director shall use a	102939
generally accepted job-estimating model in use for renewable	102940
energy projects, including but not limited to the job and economic	102941
development impact model. The director may adjust an estimate	102942
produced by a model to account for variables not accounted for by	102943
the model.	102944

(7) For energy projects with a nameplate capacity in excess	102945
of two megawatts, establish a relationship with a member of the	102946
university system of Ohio as defined in section 3345.011 of the	102947
Revised Code or with a person offering an apprenticeship program	102948
registered with the employment and training administration within	102949
the United States department of labor or with the apprenticeship	102950
council created by section 4139.02 of the Revised Code, to educate	102951
and train individuals for careers in the wind or solar energy	102952
industry. The relationship may include endowments, cooperative	102953
programs, internships, apprenticeships, research and development	102954
projects, and curriculum development.	102955

(8) Offer to sell power or renewable energy credits from the	102956
energy project to electric distribution utilities or electric	102957
service companies subject to renewable energy resource	102958
requirements under section 4928.64 of the Revised Code that have	102959
issued requests for proposal for such power or renewable energy	102960
credits. If no electric distribution utility or electric service	102961
company issues a request for proposal on or before December 31,	102962
2010, or accepts an offer for power or renewable energy credits	102963
within forty-five days after the offer is submitted, power or	102964
renewable energy credits from the energy project may be sold to	102965
other persons. Division (F)(8) of this section does not apply if:	102966

(a) The owner or lessee is a rural electric company or a	102967
municipal power agency as defined in section 3734.058 of the	102968
Revised Code.	102969

(b) The owner or lessee is a person that, before completion	102970
of the energy project, contracted for the sale of power or	102971
renewable energy credits with a rural electric company or a	102972
municipal power agency.	102973

(c) The owner or lessee contracts for the sale of power or	102974
renewable energy credits from the energy project before June 17,	102975
2010.	102976

(9) Make annual service payments as required by division (G)	102977
of this section and as may be required in a resolution adopted by	102978
a board of county commissioners under division (E) of this	102979
section.	102980

(G) The owner or a lessee pursuant to a sale and leaseback	102981
transaction of a qualified energy project shall make annual	102982
service payments in lieu of taxes to the county treasurer on or	102983
before the final dates for payments of taxes on public utility	102984
personal property on the real and public utility personal property	102985
tax list for each tax year for which property of the energy	102986
project is exempt from taxation under this section. The county	102987
treasurer shall allocate the payment on the basis of the project's	102988
physical location. Upon receipt of a payment, or if timely payment	102989
has not been received, the county treasurer shall certify such	102990
receipt or non-receipt to the director of development and tax	102991
commissioner in a form determined by the director and	102992
commissioner, respectively. Each payment shall be in the following	102993
amount:	102994

(1) In the case of a solar energy project, seven thousand	102995
dollars per megawatt of nameplate capacity located in the county	102996
as of December 31, 2010, for tax year 2011, as of December 31,	102997
2011, for tax year 2012, as of December 31, 2012, for tax year	102998
2013, as of December 31, 2013, for tax year 2014, ~~and~~ as of	102999
December 31, 2014, for tax year 2015, as of December 31, 2015, for	103000
tax year 2016, as of December 31, 2016, for tax year 2017, as of	103001
December 31, 2017, for tax year 2018, as of December 31, 2018, for	103002
tax year 2019, and as of December 31, 2019, for tax year 2020 and	103003
each tax year thereafter;	103004

(2) In the case of any other energy project using renewable	103005
energy resources, the following:	103006

(a) If the project maintains during the construction or	103007
installation of the energy facility a ratio of Ohio-domiciled	103008
full-time equivalent employees to total full-time equivalent	103009
employees of not less than seventy-five per cent, six thousand	103010
dollars per megawatt of nameplate capacity located in the county	103011
as of the thirty-first day of December of the preceding tax year;	103012

(b) If the project maintains during the construction or	103013
installation of the energy facility a ratio of Ohio-domiciled	103014
full-time equivalent employees to total full-time equivalent	103015
employees of less than seventy-five per cent but not less than	103016
sixty per cent, seven thousand dollars per megawatt of nameplate	103017
capacity located in the county as of the thirty-first day of	103018
December of the preceding tax year;	103019

(c) If the project maintains during the construction or	103020
installation of the energy facility a ratio of Ohio-domiciled	103021
full-time equivalent employees to total full-time equivalent	103022
employees of less than sixty per cent but not less than fifty per	103023
cent, eight thousand dollars per megawatt of nameplate capacity	103024
located in the county as of the thirty-first day of December of	103025
the preceding tax year.	103026

(3) In the case of an energy project using clean coal	103027
technology, advanced nuclear technology, or cogeneration	103028
technology, the following:	103029

(a) If the project maintains during the construction or	103030
installation of the energy facility a ratio of Ohio-domiciled	103031
full-time equivalent employees to total full-time equivalent	103032
employees of not less than seventy-five per cent, six thousand	103033
dollars per megawatt of nameplate capacity located in the county	103034
as of the thirty-first day of December of the preceding tax year;	103035

(b) If the project maintains during the construction or	103036
installation of the energy facility a ratio of Ohio-domiciled	103037
full-time equivalent employees to total full-time equivalent	103038
employees of less than seventy-five per cent but not less than	103039
sixty per cent, seven thousand dollars per megawatt of nameplate	103040
capacity located in the county as of the thirty-first day of	103041
December of the preceding tax year;	103042

(c) If the project maintains during the construction or	103043
installation of the energy facility a ratio of Ohio-domiciled	103044
full-time equivalent employees to total full-time equivalent	103045
employees of less than sixty per cent but not less than fifty per	103046
cent, eight thousand dollars per megawatt of nameplate capacity	103047
located in the county as of the thirty-first day of December of	103048
the preceding tax year.	103049

(H) The director of development in consultation with the tax	103050
commissioner shall adopt rules pursuant to Chapter 119. of the	103051
Revised Code to implement and enforce this section.	103052

Sec. 5727.84. (A) As used in this section and sections	103053
5727.85, 5727.86, and 5727.87 of the Revised Code:	103054

(1) "School district" means a city, local, or exempted	103055
village school district.	103056

(2) "Joint vocational school district" means a joint	103057
vocational school district created under section 3311.16 of the	103058
Revised Code, and includes a cooperative education school district	103059
created under section 3311.52 or 3311.521 of the Revised Code and	103060
a county school financing district created under section 3311.50	103061
of the Revised Code.	103062

(3) "Local taxing unit" means a subdivision or taxing unit,	103063
as defined in section 5705.01 of the Revised Code, a park district	103064
created under Chapter 1545. of the Revised Code, or a township	103065
park district established under section 511.23 of the Revised	103066
Code, but excludes school districts and joint vocational school	103067
districts.	103068

(4) "State education aid," for a school district, means the	103069
following:	103070

(a) For fiscal years prior to fiscal year 2010, the sum of	103071
state aid amounts computed for the district under former sections	103072
3317.029, 3317.052, and 3317.053 of the Revised Code and the	103073
following provisions, as they existed for the applicable fiscal	103074
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	103075
3317.022; divisions (B), (C), and (D) of section 3317.023;	103076
divisions (G), (L), and (N) of section 3317.024; and sections	103077
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	103078
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	103079
division (C) of section 3310.08; division (C)(2) of section	103080
3310.41; division (C) of section 3314.08; division (D)(2) of	103081
section 3314.091; division (D) of former section 3314.13;	103082
divisions (E), (K), (L), (M), and (N) of section 3317.023;	103083
division (C) of section 3317.20; and sections 3313.979 and	103084
3313.981 of the Revised Code. However, when calculating state	103085
education aid for a school district for fiscal years 2008 and	103086
2009, include the amount computed for the district under Section	103087
269.20.80 of H.B. 119 of the 127th general assembly, as	103088
subsequently amended, instead of division (D) of section 3317.022	103089
of the Revised Code; and include amounts calculated under Section	103090
269.30.80 of H.B. 119 of the 127th general assembly, as	103091
subsequently amended.	103092

(b) For fiscal years 2010 and 2011, the sum of the amounts	103093
computed for the district under former sections 3306.052, 3306.12,	103094
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	103095
of the Revised Code and the following provisions, as they existed	103096
for the applicable fiscal year: division (G) of section 3317.024;	103097
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	103098
Code; and the adjustments required by division (C) of section	103099
3310.08; division (C)(2) of section 3310.41; division (C) of	103100
section 3314.08; division (D)(2) of section 3314.091; division (D)	103101
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	103102
of section 3317.023; division (C) of section 3317.20; and sections	103103
3313.979, 3313.981, and 3326.33 of the Revised Code.	103104

(c) For fiscal years 2012 and 2013, the amount paid in	103105
accordance with the section of H.B. 153 of the 129th general	103106
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	103107
SCHOOL DISTRICTS" and the adjustments required by division (C) of	103108
section 3310.08; division (C)(2) of section 3310.41; section	103109
3310.55; division (C) of section 3314.08; division (D)(2) of	103110
section 3314.091; division (D) of former section 3314.13;	103111
divisions (B), (H), (I), (J), and (K) of section 3317.023;	103112
division (C) of section 3317.20; and sections 3313.979 and	103113
3313.981 of the Revised Code;	103114

(d) For fiscal year 2014 and each fiscal year thereafter, the	103115
sum of amounts computed for and paid to the district under section	103116
3317.022 of the Revised Code; and the adjustments required by	103117
division (C) of section 3310.08, division (C)(2) of section	103118
3310.41, section 3310.55, division (C) of section 3314.08,	103119
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	103120
(K) of section 3317.023, and sections 3313.978, 3313.981,	103121
3317.0212, 3317.0213, 3317.0214, and 3326.33 of the Revised Code.	103122
However, for fiscal years 2014 and 2015, the amount computed for	103123
the district under the section of this act entitled "TRANSITIONAL	103124
AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" also	103125
shall be included.	103126

(5) "State education aid," for a joint vocational school	103127
district, means the following:	103128

(a) For fiscal years prior to fiscal year 2010, the sum of	103129
the state aid amounts computed for the district under division (N)	103130
of section 3317.024 and section 3317.16 of the Revised Code.	103131
However, when calculating state education aid for a joint	103132
vocational school district for fiscal years 2008 and 2009, include	103133
the amount computed for the district under Section 269.30.90 of	103134
H.B. 119 of the 127th general assembly, as subsequently amended.	103135

(b) For fiscal years 2010 and 2011, the amount computed for	103136
the district in accordance with the section of H.B. 1 of the 128th	103137
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	103138
DISTRICTS"."	103139

(c) For fiscal years 2012 and 2013, the amount paid in	103140
accordance with the section of H.B. 153 of the 129th general	103141
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	103142

(d) For fiscal year 2014 and each fiscal year thereafter, the	103143
amount computed for the district under section 3317.16 of the	103144
Revised Code; except that, for fiscal years 2014 and 2015, the	103145
amount computed for the district under the section of this act	103146
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	103147
shall be included.	103148

(6) "State education aid offset" means the amount determined	103149
for each school district or joint vocational school district under	103150
division (A)(1) of section 5727.85 of the Revised Code.	103151

(7) "Recognized valuation" ~~has the same meaning as in~~means	103152
the amount computed for a school district pursuant to section	103153
~~3317.02~~3317.015 of the Revised Code.	103154

(8) "Electric company tax value loss" means the amount	103155
determined under division (D) of this section.	103156

(9) "Natural gas company tax value loss" means the amount	103157
determined under division (E) of this section.	103158

(10) "Tax value loss" means the sum of the electric company	103159
tax value loss and the natural gas company tax value loss.	103160

(11) "Fixed-rate levy" means any tax levied on property other	103161
than a fixed-sum levy.	103162

(12) "Fixed-rate levy loss" means the amount determined under	103163
division (G) of this section.	103164

(13) "Fixed-sum levy" means a tax levied on property at	103165
whatever rate is required to produce a specified amount of tax	103166
money or levied in excess of the ten-mill limitation to pay debt	103167
charges, and includes school district emergency levies charged and	103168
payable pursuant to section 5705.194 of the Revised Code.	103169

(14) "Fixed-sum levy loss" means the amount determined under	103170
division (H) of this section.	103171

(15) "Consumer price index" means the consumer price index	103172
(all items, all urban consumers) prepared by the bureau of labor	103173
statistics of the United States department of labor.	103174

(16) "Total resources" and "total library resources" have the	103175
same meanings as in section 5751.20 of the Revised Code.	103176

(17) "2011 current expense S.B. 3 allocation" means the sum	103177
of payments received by a school district or joint vocational	103178
school district in fiscal year 2011 for current expense levy	103179
losses pursuant to division (C)(2) of section 5727.85 of the	103180
Revised Code. If a fixed-rate levy eligible for reimbursement is	103181
not charged and payable in any year after tax year 2010, "2011	103182
current expense S.B. 3 allocation" used to compute payments to be	103183
made under division (C)(3) of section 5727.85 of the Revised Code	103184
in the tax years following the last year the levy is charged and	103185
payable shall be reduced to the extent that those payments are	103186
attributable to the fixed-rate levy loss of that levy.	103187

(18) "2010 current expense S.B. 3 allocation" means the sum	103188
of payments received by a municipal corporation in calendar year	103189
2010 for current expense levy losses pursuant to division (A)(1)	103190
of section 5727.86 of the Revised Code, excluding any such	103191
payments received for current expense levy losses attributable to	103192
a tax levied under section 5705.23 of the Revised Code. If a	103193
fixed-rate levy eligible for reimbursement is not charged and	103194
payable in any year after tax year 2010, "2010 current expense	103195
S.B. 3 allocation" used to compute payments to be made under	103196
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	103197
in the tax years following the last year the levy is charged and	103198
payable shall be reduced to the extent that those payments are	103199
attributable to the fixed-rate levy loss of that levy.	103200

(19) "2010 S.B. 3 allocation" means the sum of payments	103201
received by a local taxing unit during calendar year 2010 pursuant	103202
to division (A)(1) of section 5727.86 of the Revised Code,	103203
excluding any such payments received for fixed-rate levy losses	103204
attributable to a tax levied under section 5705.23 of the Revised	103205
Code. If a fixed-rate levy eligible for reimbursement is not	103206
charged and payable in any year after tax year 2010, "2010 S.B. 3	103207
allocation" used to compute payments to be made under division	103208
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	103209
years following the last year the levy is charged and payable	103210
shall be reduced to the extent that those payments are	103211
attributable to the fixed-rate levy loss of that levy.	103212

(20) "Total S.B. 3 allocation" means, in the case of a school	103213
district or joint vocational school district, the sum of the	103214
payments received in fiscal year 2011 pursuant to divisions (C)(2)	103215
and (D) of section 5727.85 of the Revised Code. In the case of a	103216
local taxing unit, "total S.B. 3 allocation" means the sum of	103217
payments received by the unit in calendar year 2010 pursuant to	103218
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	103219
excluding any such payments received for fixed-rate levy losses	103220
attributable to a tax levied under section 5705.23 of the Revised	103221
Code. If a fixed-rate levy eligible for reimbursement is not	103222
charged and payable in any year after tax year 2010, "total S.B. 3	103223
allocation" used to compute payments to be made under division	103224
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	103225
5727.86 of the Revised Code in the tax years following the last	103226
year the levy is charged and payable shall be reduced to the	103227
extent that those payments are attributable to the fixed-rate levy	103228
loss of that levy as would be computed under division (C)(2) of	103229
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	103230
Revised Code.	103231

(21) "2011 non-current expense S.B. 3 allocation" means the	103232
difference of a school district's or joint vocational school	103233
district's total S.B. 3 allocation minus the sum of the school	103234
district's 2011 current expense S.B. 3 allocation and the portion	103235
of the school district's total S.B. 3 allocation constituting	103236
reimbursement for debt levies pursuant to division (D) of section	103237
5727.85 of the Revised Code.	103238

(22) "2010 non-current expense S.B. 3 allocation" means the	103239
difference of a municipal corporation's total S.B. 3 allocation	103240
minus the sum of its 2010 current expense S.B. 3 allocation and	103241
the portion of its total S.B. 3 allocation constituting	103242
reimbursement for debt levies pursuant to division (A)(4) of	103243
section 5727.86 of the Revised Code.	103244

(23) "S.B. 3 allocation for library purposes" means, in the	103245
case of a county, municipal corporation, school district, or	103246
township public library that receives the proceeds of a tax levied	103247
under section 5705.23 of the Revised Code, the sum of the payments	103248
received by the public library in calendar year 2010 pursuant to	103249
section 5727.86 of the Revised Code for fixed-rate levy losses	103250
attributable to a tax levied under section 5705.23 of the Revised	103251
Code. If a fixed-rate levy authorized under section 5705.23 of the	103252
Revised Code that is eligible for reimbursement is not charged and	103253
payable in any year after tax year 2010, "S.B. 3 allocation for	103254
library purposes" used to compute payments to be made under	103255
division (A)(1)(f) of section 5727.86 of the Revised Code in the	103256
tax years following the last year the levy is charged and payable	103257
shall be reduced to the extent that those payments are	103258
attributable to the fixed-rate levy loss of that levy as would be	103259
computed under division (A)(1)(b) of section 5727.86 of the	103260
Revised Code.	103261

(24) "Threshold per cent" means, in the case of a school	103262
district or joint vocational school district, two per cent for	103263
fiscal year 2012 and four per cent for fiscal years 2013 and	103264
thereafter. In the case of a local taxing unit or public library	103265
that receives the proceeds of a tax levied under section 5705.23	103266
of the Revised Code, "threshold per cent" means two per cent for	103267
calendar year 2011, four per cent for calendar year 2012, and six	103268
per cent for calendar years 2013 and thereafter.	103269

(B) The kilowatt-hour tax receipts fund is hereby created in	103270
the state treasury and shall consist of money arising from the tax	103271
imposed by section 5727.81 of the Revised Code. All money in the	103272
kilowatt-hour tax receipts fund shall be credited as follows:	103273

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	103274
2001-2011	63.0%	25.4%	11.6%	103275
2012 and thereafter	88.0%	9.0%	3.0%	103276

(C) The natural gas tax receipts fund is hereby created in	103277
the state treasury and shall consist of money arising from the tax	103278
imposed by section 5727.811 of the Revised Code. All money in the	103279
fund shall be credited as follows:	103280

(1) For fiscal years before fiscal year 2012:

103281

(a) Sixty-eight and seven-tenths per cent shall be credited	103282
to the school district property tax replacement fund for the	103283
purpose of making the payments described in section 5727.85 of the	103284
Revised Code.	103285

(b) Thirty-one and three-tenths per cent shall be credited to	103286
the local government property tax replacement fund for the purpose	103287
of making the payments described in section 5727.86 of the Revised	103288
Code.	103289

(2) For fiscal years 2012 and thereafter, one hundred per	103290
cent to the general revenue fund.	103291

(D) Not later than January 1, 2002, the tax commissioner	103292
shall determine for each taxing district its electric company tax	103293
value loss, which is the sum of the applicable amounts described	103294
in divisions (D)(1) to (4) of this section:	103295

(1) The difference obtained by subtracting the amount	103296
described in division (D)(1)(b) from the amount described in	103297
division (D)(1)(a) of this section.	103298

(a) The value of electric company and rural electric company	103299
tangible personal property as assessed by the tax commissioner for	103300
tax year 1998 on a preliminary assessment, or an amended	103301
preliminary assessment if issued prior to March 1, 1999, and as	103302
apportioned to the taxing district for tax year 1998;	103303

(b) The value of electric company and rural electric company	103304
tangible personal property as assessed by the tax commissioner for	103305
tax year 1998 had the property been apportioned to the taxing	103306
district for tax year 2001, and assessed at the rates in effect	103307
for tax year 2001.	103308

(2) The difference obtained by subtracting the amount	103309
described in division (D)(2)(b) from the amount described in	103310
division (D)(2)(a) of this section.	103311

(a) The three-year average for tax years 1996, 1997, and 1998	103312
of the assessed value from nuclear fuel materials and assemblies	103313
assessed against a person under Chapter 5711. of the Revised Code	103314
from the leasing of them to an electric company for those	103315
respective tax years, as reflected in the preliminary assessments;	103316

(b) The three-year average assessed value from nuclear fuel	103317
materials and assemblies assessed under division (D)(2)(a) of this	103318
section for tax years 1996, 1997, and 1998, as reflected in the	103319
preliminary assessments, using an assessment rate of twenty-five	103320
per cent.	103321

(3) In the case of a taxing district having a nuclear power	103322
plant within its territory, any amount, resulting in an electric	103323
company tax value loss, obtained by subtracting the amount	103324
described in division (D)(1) of this section from the difference	103325
obtained by subtracting the amount described in division (D)(3)(b)	103326
of this section from the amount described in division (D)(3)(a) of	103327
this section.	103328

(a) The value of electric company tangible personal property	103329
as assessed by the tax commissioner for tax year 2000 on a	103330
preliminary assessment, or an amended preliminary assessment if	103331
issued prior to March 1, 2001, and as apportioned to the taxing	103332
district for tax year 2000;	103333

(b) The value of electric company tangible personal property	103334
as assessed by the tax commissioner for tax year 2001 on a	103335
preliminary assessment, or an amended preliminary assessment if	103336
issued prior to March 1, 2002, and as apportioned to the taxing	103337
district for tax year 2001.	103338

(4) In the case of a taxing district having a nuclear power	103339
plant within its territory, the difference obtained by subtracting	103340
the amount described in division (D)(4)(b) of this section from	103341
the amount described in division (D)(4)(a) of this section,	103342
provided that such difference is greater than ten per cent of the	103343
amount described in division (D)(4)(a) of this section.	103344

(a) The value of electric company tangible personal property	103345
as assessed by the tax commissioner for tax year 2005 on a	103346
preliminary assessment, or an amended preliminary assessment if	103347
issued prior to March 1, 2006, and as apportioned to the taxing	103348
district for tax year 2005;	103349

(b) The value of electric company tangible personal property	103350
as assessed by the tax commissioner for tax year 2006 on a	103351
preliminary assessment, or an amended preliminary assessment if	103352
issued prior to March 1, 2007, and as apportioned to the taxing	103353
district for tax year 2006.	103354

(E) Not later than January 1, 2002, the tax commissioner	103355
shall determine for each taxing district its natural gas company	103356
tax value loss, which is the sum of the amounts described in	103357
divisions (E)(1) and (2) of this section:	103358

(1) The difference obtained by subtracting the amount	103359
described in division (E)(1)(b) from the amount described in	103360
division (E)(1)(a) of this section.	103361

(a) The value of all natural gas company tangible personal	103362
property, other than property described in division (E)(2) of this	103363
section, as assessed by the tax commissioner for tax year 1999 on	103364
a preliminary assessment, or an amended preliminary assessment if	103365
issued prior to March 1, 2000, and apportioned to the taxing	103366
district for tax year 1999;	103367

(b) The value of all natural gas company tangible personal	103368
property, other than property described in division (E)(2) of this	103369
section, as assessed by the tax commissioner for tax year 1999 had	103370
the property been apportioned to the taxing district for tax year	103371
2001, and assessed at the rates in effect for tax year 2001.	103372

(2) The difference in the value of current gas obtained by	103373
subtracting the amount described in division (E)(2)(b) from the	103374
amount described in division (E)(2)(a) of this section.	103375

(a) The three-year average assessed value of current gas as	103376
assessed by the tax commissioner for tax years 1997, 1998, and	103377
1999 on a preliminary assessment, or an amended preliminary	103378
assessment if issued prior to March 1, 2001, and as apportioned in	103379
the taxing district for those respective years;	103380

(b) The three-year average assessed value from current gas	103381
under division (E)(2)(a) of this section for tax years 1997, 1998,	103382
and 1999, as reflected in the preliminary assessment, using an	103383
assessment rate of twenty-five per cent.	103384

(F) The tax commissioner may request that natural gas	103385
companies, electric companies, and rural electric companies file a	103386
report to help determine the tax value loss under divisions (D)	103387
and (E) of this section. The report shall be filed within thirty	103388
days of the commissioner's request. A company that fails to file	103389
the report or does not timely file the report is subject to the	103390
penalty in section 5727.60 of the Revised Code.	103391

(G) Not later than January 1, 2002, the tax commissioner	103392
shall determine for each school district, joint vocational school	103393
district, and local taxing unit its fixed-rate levy loss, which is	103394
the sum of its electric company tax value loss multiplied by the	103395
tax rate in effect in tax year 1998 for fixed-rate levies and its	103396
natural gas company tax value loss multiplied by the tax rate in	103397
effect in tax year 1999 for fixed-rate levies.	103398

(H) Not later than January 1, 2002, the tax commissioner	103399
shall determine for each school district, joint vocational school	103400
district, and local taxing unit its fixed-sum levy loss, which is	103401
the amount obtained by subtracting the amount described in	103402
division (H)(2) of this section from the amount described in	103403
division (H)(1) of this section:	103404

(1) The sum of the electric company tax value loss multiplied	103405
by the tax rate in effect in tax year 1998, and the natural gas	103406
company tax value loss multiplied by the tax rate in effect in tax	103407
year 1999, for fixed-sum levies for all taxing districts within	103408
each school district, joint vocational school district, and local	103409
taxing unit. For the years 2002 through 2006, this computation	103410
shall include school district emergency levies that existed in	103411
1998 in the case of the electric company tax value loss, and 1999	103412
in the case of the natural gas company tax value loss, and all	103413
other fixed-sum levies that existed in 1998 in the case of the	103414
electric company tax value loss and 1999 in the case of the	103415
natural gas company tax value loss and continue to be charged in	103416
the tax year preceding the distribution year. For the years 2007	103417
through 2016 in the case of school district emergency levies, and	103418
for all years after 2006 in the case of all other fixed-sum	103419
levies, this computation shall exclude all fixed-sum levies that	103420
existed in 1998 in the case of the electric company tax value loss	103421
and 1999 in the case of the natural gas company tax value loss,	103422
but are no longer in effect in the tax year preceding the	103423
distribution year. For the purposes of this section, an emergency	103424
levy that existed in 1998 in the case of the electric company tax	103425
value loss, and 1999 in the case of the natural gas company tax	103426
value loss, continues to exist in a year beginning on or after	103427
January 1, 2007, but before January 1, 2017, if, in that year, the	103428
board of education levies a school district emergency levy for an	103429
annual sum at least equal to the annual sum levied by the board in	103430
tax year 1998 or 1999, respectively, less the amount of the	103431
payment certified under this division for 2002.	103432

(2) The total taxable value in tax year 1999 less the tax	103433
value loss in each school district, joint vocational school	103434
district, and local taxing unit multiplied by one-fourth of one	103435
mill.	103436

If the amount computed under division (H) of this section for	103437
any school district, joint vocational school district, or local	103438
taxing unit is greater than zero, that amount shall equal the	103439
fixed-sum levy loss reimbursed pursuant to division (F) of section	103440
5727.85 of the Revised Code or division (A)(2) of section 5727.86	103441
of the Revised Code, and the one-fourth of one mill that is	103442
subtracted under division (H)(2) of this section shall be	103443
apportioned among all contributing fixed-sum levies in the	103444
proportion of each levy to the sum of all fixed-sum levies within	103445
each school district, joint vocational school district, or local	103446
taxing unit.	103447

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	103448
section, in computing the tax value loss, fixed-rate levy loss,	103449
and fixed-sum levy loss, the tax commissioner shall use the	103450
greater of the 1998 tax rate or the 1999 tax rate in the case of	103451
levy losses associated with the electric company tax value loss,	103452
but the 1999 tax rate shall not include for this purpose any tax	103453
levy approved by the voters after June 30, 1999, and the tax	103454
commissioner shall use the greater of the 1999 or the 2000 tax	103455
rate in the case of levy losses associated with the natural gas	103456
company tax value loss.	103457

(J) Not later than January 1, 2002, the tax commissioner	103458
shall certify to the department of education the tax value loss	103459
determined under divisions (D) and (E) of this section for each	103460
taxing district, the fixed-rate levy loss calculated under	103461
division (G) of this section, and the fixed-sum levy loss	103462
calculated under division (H) of this section. The calculations	103463
under divisions (G) and (H) of this section shall separately	103464
display the levy loss for each levy eligible for reimbursement.	103465

(K) Not later than September 1, 2001, the tax commissioner	103466
shall certify the amount of the fixed-sum levy loss to the county	103467
auditor of each county in which a school district with a fixed-sum	103468
levy loss has territory.	103469

Sec. 5727.89. (A) The tax commissioner may make an	103470
assessment, based on any information in the commissioner's	103471
possession, against any natural gas distribution company, electric	103472
distribution company, self-assessing purchaser, or qualified end	103473
user that fails to file a return or pay any tax, interest, or	103474
additional charge as required by sections 5727.80 to 5727.95 of	103475
the Revised Code.	103476

When information in the possession of the tax commissioner	103477
indicates that a person liable for the tax imposed by section	103478
5727.81 or 5727.811 of the Revised Code has not paid the full	103479
amount of tax due, the commissioner may audit a representative	103480
sample of the person's business and may issue an assessment based	103481
on the audit. The commissioner shall give the person assessed	103482
written notice of the assessment in the manner provided in section	103483
5703.37 of the Revised Code. With the notice, the commissioner	103484
shall provide instructions on how to petition for reassessment and	103485
request a hearing on the petition.	103486

The tax commissioner may issue an assessment for which the	103487
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	103488
due and unpaid on the date the person was informed by an agent of	103489
the tax commissioner of an investigation or audit of the person.	103490
Any payment of the tax for the period covered by the assessment,	103491
after the person is so informed, shall be credited against the	103492
assessment.	103493

A penalty of up to fifteen per cent may be added to all	103494
amounts assessed under this section. The commissioner may adopt	103495
rules providing for the imposition and remission of penalties.	103496

(B) Unless the party assessed files with the tax commissioner	103497
within sixty days after service of the notice of assessment,	103498
either personally or by certified mail, a written petition for	103499
reassessment signed by the party assessed or that party's	103500
authorized agent having knowledge of the facts, the assessment	103501
becomes final and the amount of the assessment is due and payable	103502
from the party assessed to the treasurer of state. The petition	103503
shall indicate the objections of the party assessed, but	103504
additional objections may be raised in writing if received by the	103505
commissioner prior to the date shown on the final determination.	103506
If the petition has been properly filed, the commissioner shall	103507
proceed under section 5703.60 of the Revised Code.	103508

(C) After an assessment becomes final, if any portion of the	103509
assessment, including accrued interest, remains unpaid, a	103510
certified copy of the tax commissioner's entry making the	103511
assessment final may be filed in the office of the clerk of the	103512
court of common pleas in the county in which the party assessed	103513
resides or in which the party's business is conducted. If the	103514
party assessed maintains no place of business in this state and is	103515
not a resident of this state, the certified copy of the entry may	103516
be filed in the office of the clerk of the court of common pleas	103517
of Franklin county.	103518

Immediately upon the filing of the entry, the clerk shall	103519
enter a judgment for the state against the person assessed in the	103520
amount shown on the entry. The judgment may be filed by the clerk	103521
in a loose-leaf book entitled "special judgments for the	103522
distribution excise taxes," and shall have the same effect as	103523
other judgments. Execution shall issue upon the judgment at the	103524
request of the tax commissioner, and all laws applicable to sales	103525
on execution shall apply to sales made under the judgment.	103526

~~The portion of~~If the assessment is not paid in its entirety	103527
within sixty days after the day the assessment was issued, the	103528
portion of the assessment consisting of tax due shall bear	103529
interest at the rate per annum prescribed by section 5703.47 of	103530
the Revised Code from the day the tax commissioner issues the	103531
assessment until the day the assessment is paid or until it is	103532
certified to the attorney general for collection under section	103533
131.02 of the Revised Code, whichever comes first. If the unpaid	103534
portion of the assessment is certified to the attorney general for	103535
collection, the entire unpaid portion of the assessment shall bear	103536
interest at the rate per annum prescribed by section 5703.47 of	103537
the Revised Code from the date of certification until the date it	103538
is paid in its entirety. Interest shall be paid in the same manner	103539
as the tax and may be collected by the issuance of an assessment	103540
under this section.	103541

(D) If the tax commissioner believes that collection of the	103542
tax imposed by section 5727.81 or 5727.811 of the Revised Code	103543
will be jeopardized unless proceedings to collect or secure	103544
collection of the tax are instituted without delay, the	103545
commissioner may issue a jeopardy assessment against the person	103546
liable for the tax. Immediately upon the issuance of the jeopardy	103547
assessment, the commissioner shall file an entry with the clerk of	103548
the court of common pleas in the manner prescribed by division (C)	103549
of this section. Notice of the jeopardy assessment shall be served	103550
on the party assessed or the party's legal representative within	103551
five days of the filing of the entry with the clerk. The total	103552
amount assessed is immediately due and payable, unless the party	103553
assessed files a petition for reassessment in accordance with	103554
division (B) of this section and provides security in a form	103555
satisfactory to the commissioner and in an amount sufficient to	103556
satisfy the unpaid balance of the assessment. Full or partial	103557
payment of the assessment does not prejudice the commissioner's	103558
consideration of the petition for reassessment.	103559

(E) All money collected by the tax commissioner under this	103560
section shall be paid to the treasurer of state, and when paid	103561
shall be considered as revenue arising from the taxes imposed by	103562
sections 5727.81 and 5727.811 of the Revised Code.	103563

Sec. 5728.10. (A) If any person required to file a fuel use	103564
tax return by sections 5728.01 to 5728.14 of the Revised Code,	103565
fails to file the return within the time prescribed by those	103566
sections, files an incomplete return, files an incorrect return,	103567
or fails to remit the full amount of the tax due for the period	103568
covered by the return, the tax commissioner may make an assessment	103569
against the person, based upon any information in the	103570
commissioner's possession, for the period for which the tax was	103571
due.	103572

No assessment shall be made against any person for any tax	103573
imposed by this chapter more than four years after the return date	103574
for the period for which the tax was due or more than four years	103575
after the return for the period was filed, whichever is later.	103576
This section does not bar an assessment against any person who	103577
fails to file a fuel use tax return as required by this chapter,	103578
or who files a fraudulent fuel use tax return.	103579

A penalty of up to fifteen per cent may be added to the	103580
amount of every assessment made pursuant to this section. The	103581
commissioner may adopt rules providing for the imposition and	103582
remission of penalties added to assessments made under this	103583
section.	103584

The commissioner shall give the party assessed written notice	103585
of the assessment in the manner provided in section 5703.37 of the	103586
Revised Code. With the notice, the commissioner shall provide	103587
instructions on how to petition for reassessment and request a	103588
hearing on the petition.	103589

(B) Unless the party assessed files with the tax commissioner	103590
within sixty days after service of the notice of assessment,	103591
either personally or by certified mail, a written petition for	103592
reassessment, signed by the party assessed, or by the party's	103593
authorized agent having knowledge of the facts, the assessment	103594
becomes final and the amount of the assessment is due and payable	103595
from the party assessed to the treasurer of state. The petition	103596
shall indicate the objections of the party assessed, but	103597
additional objections may be raised in writing if received by the	103598
commissioner prior to the date shown on the final determination.	103599
If the petition has been properly filed, the commissioner shall	103600
proceed under section 5703.60 of the Revised Code.	103601

(C) After an assessment becomes final, if any portion of the	103602
assessment remains unpaid, including accrued interest, a certified	103603
copy of the tax commissioner's entry making the assessment final	103604
may be filed in the office of the clerk of the court of common	103605
pleas in the county in which the party's place of business is	103606
located or the county in which the party assessed resides. If the	103607
party maintains no office in this state and is not a resident of	103608
this state, the certified copy of the entry may be filed in the	103609
office of the clerk of the court of common pleas of Franklin	103610
county.	103611

Immediately upon the filing of the entry, the clerk shall	103612
enter a judgment for the state of Ohio against the party assessed	103613
in the amount shown on the entry. The judgment may be filed by the	103614
clerk in a loose-leaf book entitled "special judgments for state	103615
fuel use tax," and shall have the same effect as other judgments.	103616
Execution shall issue upon the judgment upon the request of the	103617
commissioner, and all laws applicable to sales on execution shall	103618
apply to sales made under the judgment.	103619

~~The portion of~~If the assessment is not paid within sixty	103620
days after the day the assessment was issued, the portion of the	103621
assessment consisting of tax due shall bear interest at the rate	103622
per annum prescribed by section 5703.47 of the Revised Code from	103623
the day the commissioner issues the assessment until it is paid or	103624
until it is certified to the attorney general for collection under	103625
section 131.02 of the Revised Code, whichever comes first. If the	103626
unpaid portion of the assessment is certified to the attorney	103627
general for collection, the entire unpaid portion of the	103628
assessment shall bear interest at the rate per annum prescribed by	103629
section 5703.47 of the Revised Code from the date of certification	103630
until the date it is paid in its entirety. Interest shall be paid	103631
in the same manner as the tax and may be collected by the issuance	103632
of an assessment under this section.	103633

(D) All money collected by the tax commissioner under this	103634
section shall be paid into the state treasury in the same manner	103635
as the revenues deriving from the taxes imposed by section 5728.06	103636
of the Revised Code.	103637

Sec. 5729.03. (A) If the superintendent of insurance finds	103638
the annual statement required by section 5729.02 of the Revised	103639
Code to be correct, the superintendent shall compute the following	103640
amount, as applicable, of the balance of such gross amount, after	103641
deducting such return premiums and considerations received for	103642
reinsurance, and charge such amount to such company as a tax upon	103643
the business done by it in this state for the period covered by	103644
such annual statement:	103645

(1) If the company is a health insuring corporation, one per	103646
cent of the balance of premium rate payments received, exclusive	103647
of payments received under the medicare program ~~established under~~	103648
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	103649
~~U.S.C.A. 301, as amended,~~ and exclusive of payments received	103650
pursuant to the ~~medical assistance~~medicaid program ~~established~~	103651
~~under Chapter 5111. of the Revised Code~~ for the period ending	103652
September 30, 2009, as reflected in its annual report;	103653

(2) If the company is not a health insuring corporation, one	103654
and four-tenths per cent of the balance of premiums received,	103655
exclusive of premiums received under the medicare program	103656
~~established under Title XVIII of the "Social Security Act," 49~~	103657
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	103658
payments received pursuant to the ~~medical assistance~~medicaid	103659
program ~~established under Chapter 5111. of the Revised Code~~ for	103660
the period ending September 30, 2009, as reflected in its annual	103661
statement, and, if the company operates a health insuring	103662
corporation as a line of business, one per cent of the balance of	103663
premium rate payments received from that line of business,	103664
exclusive of payments received under the medicare program	103665
~~established under Title XVIII of the "Social Security Act," 49~~	103666
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	103667
payments received pursuant to the ~~medical assistance~~medicaid	103668
program ~~established under Chapter 5111. of the Revised Code~~ for	103669
the period ending September 30, 2009, as reflected in its annual	103670
statement.	103671

Each foreign insurance company, including health insuring	103672
corporations, receiving payments pursuant to the ~~medical~~	103673
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	103674
~~Revised Code~~ during the period beginning October 1, 2009, and	103675
ending December 31, 2009, shall file with the 2009 annual	103676
statement to the superintendent a schedule that reflects those	103677
payments received pursuant to the ~~medical assistance~~medicaid	103678
program for that period. The payments reflected in the schedule,	103679
plus all other taxable premiums, are subject to the annual	103680
franchise tax due to be paid in 2010.	103681

(B) Any insurance policies that were not issued in violation	103682
of Title XXXIX of the Revised Code and that were issued prior to	103683
April 15, 1967, by a life insurance company organized and operated	103684
without profit to any private shareholder or individual,	103685
exclusively for the purpose of aiding educational or scientific	103686
institutions organized and operated without profit to any private	103687
shareholder or individual, are not subject to the tax imposed by	103688
this section. All taxes collected pursuant to this section shall	103689
be credited to the general revenue fund.	103690

(C) In no case shall the tax imposed under this section be	103691
less than two hundred fifty dollars.	103692

Sec. 5731.39. This section does not apply to, and the	103693
written permission of the tax commissioner is not required for	103694
asset transfers with respect to, decedents dying on or after	103695
January 1, 2013.	103696

(A) No corporation organized or existing under the laws of	103697
this state shall transfer on its books or issue a new certificate	103698
for any share of its capital stock registered in the name of a	103699
decedent, or in trust for a decedent, or in the name of a decedent	103700
and another person or persons, without the written consent of the	103701
tax commissioner.	103702

(B) No safe deposit company, trust company, financial	103703
institution as defined in division (A) of section 5725.01 of the	103704
Revised Code, or other corporation or person, having in	103705
possession, control, or custody a deposit standing in the name of	103706
a decedent, or in trust for a decedent, or in the name of a	103707
decedent and another person or persons, shall deliver or transfer	103708
an amount in excess of three-fourths of the total value of such	103709
deposit, including accrued interest and dividends, as of the date	103710
of decedent's death, without the written consent of the tax	103711
commissioner. The written consent of the tax commissioner need not	103712
be obtained prior to the delivery or transfer of amounts having a	103713
value of three-fourths or less of said total value.	103714

(C) No life insurance company shall pay the proceeds of an	103715
annuity or matured endowment contract, or of a life insurance	103716
contract payable to the estate of a decedent, or of any other	103717
insurance contract taxable under Chapter 5731. of the Revised	103718
Code, without the written consent of the tax commissioner. Any	103719
life insurance company may pay the proceeds of any insurance	103720
contract not specified in this division (C) without the written	103721
consent of the tax commissioner.	103722

(D) No trust company or other corporation or person shall pay	103723
the proceeds of any death benefit, retirement, pension, or	103724
profit-sharing plan in excess of two thousand dollars, without the	103725
written consent of the tax commissioner. Such trust company or	103726
other corporation or person, however, may pay the proceeds of any	103727
death benefit, retirement, pension, or profit-sharing plan which	103728
consists of insurance on the life of the decedent payable to a	103729
beneficiary other than the estate of the insured without the	103730
written consent of the tax commissioner.	103731

(E) No safe deposit company, trust company, financial	103732
institution as defined in division (A) of section 5725.01 of the	103733
Revised Code, or other corporation or person, having in	103734
possession, control, or custody securities, assets, or other	103735
property (including the shares of the capital stock of, or other	103736
interest in, such safe deposit company, trust company, financial	103737
institution as defined in division (A) of section 5725.01 of the	103738
Revised Code, or other corporation), standing in the name of a	103739
decedent, or in trust for a decedent, or in the name of a decedent	103740
and another person or persons, and the transfer of which is	103741
taxable under Chapter 5731. of the Revised Code, shall deliver or	103742
transfer any such securities, assets, or other property which have	103743
a value as of the date of decedent's death in excess of	103744
three-fourths of the total value thereof, without the written	103745
consent of the tax commissioner. The written consent of the tax	103746
commissioner need not be obtained prior to the delivery or	103747
transfer of any such securities, assets, or other property having	103748
a value of three-fourths or less of said total value.	103749

(F) No safe deposit company, financial institution as defined	103750
in division (A) of section 5725.01 of the Revised Code, or other	103751
corporation or person having possession or control of a safe	103752
deposit box or similar receptacle standing in the name of a	103753
decedent or in the name of the decedent and another person or	103754
persons, or to which the decedent had a right of access, except	103755
when such safe deposit box or other receptacle stands in the name	103756
of a corporation or partnership, or in the name of the decedent as	103757
guardian or executor, shall deliver any of the contents thereof	103758
unless the safe deposit box or similar receptacle has been opened	103759
and inventoried in the presence of the tax commissioner or the	103760
commissioner's agent, and a written consent to transfer issued;	103761
provided, however, that a safe deposit company, financial	103762
institution, or other corporation or person having possession or	103763
control of a safe deposit box may deliver wills, deeds to burial	103764
lots, and insurance policies to a representative of the decedent,	103765
but that a representative of the safe deposit company, financial	103766
institution, or other corporation or person must supervise the	103767
opening of the box and make a written record of the wills, deeds,	103768
and policies removed. Such written record shall be included in the	103769
tax commissioner's inventory records.	103770

(G) Notwithstanding any provision of this section:

103771

(1) The tax commissioner may authorize any delivery or	103772
transfer or waive any of the foregoing requirements under such	103773
terms and conditions as the commissioner may prescribe;	103774

(2) A home, as defined in section 3721.10 of the Revised	103775
Code, or a residential facility licensed under section ~~5119.22~~	103776
5119.34 of the Revised Code that provides accommodations,	103777
supervision, and personal care services for three to sixteen	103778
unrelated adults, may transfer or use the money in a personal	103779
needs allowance account in accordance with section ~~5111.113~~	103780
5162.22 of the Revised Code without the written consent of the tax	103781
commissioner, and without the account having been opened and	103782
inventoried in the presence of the commissioner or the	103783
commissioner's agent.	103784

Failure to comply with this section shall render such safe	103785
deposit company, trust company, life insurance company, financial	103786
institution as defined in division (A) of section 5725.01 of the	103787
Revised Code, or other corporation or person liable for the amount	103788
of the taxes and interest due under the provisions of Chapter	103789
5731. of the Revised Code on the transfer of such stock, deposit,	103790
proceeds of an annuity or matured endowment contract or of a life	103791
insurance contract payable to the estate of a decedent, or other	103792
insurance contract taxable under Chapter 5731. of the Revised	103793
Code, proceeds of any death benefit, retirement, pension, or	103794
profit-sharing plan in excess of two thousand dollars, or	103795
securities, assets, or other property of any resident decedent,	103796
and in addition thereto, to a penalty of not less than five	103797
hundred or more than five thousand dollars.	103798

Sec. 5733.01. (A) The tax provided by this chapter for	103799
domestic corporations shall be the amount charged against each	103800
corporation organized for profit under the laws of this state and	103801
each nonprofit corporation organized pursuant to Chapter 1729. of	103802
the Revised Code, except as provided in sections 5733.09 and	103803
5733.10 of the Revised Code, for the privilege of exercising its	103804
franchise during the calendar year in which that amount is	103805
payable, and the tax provided by this chapter for foreign	103806
corporations shall be the amount charged against each corporation	103807
organized for profit and each nonprofit corporation organized or	103808
operating in the same or similar manner as nonprofit corporations	103809
organized under Chapter 1729. of the Revised Code, under the laws	103810
of any state or country other than this state, except as provided	103811
in sections 5733.09 and 5733.10 of the Revised Code, for the	103812
privilege of doing business in this state, owning or using a part	103813
or all of its capital or property in this state, holding a	103814
certificate of compliance with the laws of this state authorizing	103815
it to do business in this state, or otherwise having nexus in or	103816
with this state under the Constitution of the United States,	103817
during the calendar year in which that amount is payable.	103818

(B) A corporation is subject to the tax imposed by section	103819
5733.06 of the Revised Code for each calendar year prior to 2014	103820
that it is so organized, doing business, owning or using a part or	103821
all of its capital or property, holding a certificate of	103822
compliance, or otherwise having nexus in or with this state under	103823
the Constitution of the United States, on the first day of January	103824
of that calendar year. No credit authorized by this chapter may be	103825
claimed for tax year 2014 or any tax year thereafter.	103826

(C) Any corporation subject to this chapter that is not	103827
subject to the federal income tax shall file its returns and	103828
compute its tax liability as required by this chapter in the same	103829
manner as if that corporation were subject to the federal income	103830
tax.	103831

(D) For purposes of this chapter, a federally chartered	103832
financial institution shall be deemed to be organized under the	103833
laws of the state within which its principal office is located.	103834

(E) For purposes of this chapter, any person, as defined in	103835
section 5701.01 of the Revised Code, shall be treated as a	103836
corporation if the person is classified for federal income tax	103837
purposes as an association taxable as a corporation, and an equity	103838
interest in the person shall be treated as capital stock of the	103839
person.	103840

(F) For the purposes of this chapter, "disregarded entity"	103841
has the same meaning as in division (D) of section 5745.01 of the	103842
Revised Code.	103843

(1) A person's interest in a disregarded entity, whether held	103844
directly or indirectly, shall be treated as the person's ownership	103845
of the assets and liabilities of the disregarded entity, and the	103846
income, including gain or loss, shall be included in the person's	103847
net income under this chapter.	103848

(2) Any sale, exchange, or other disposition of the person's	103849
interest in the disregarded entity, whether held directly or	103850
indirectly, shall be treated as a sale, exchange, or other	103851
disposition of the person's share of the disregarded entity's	103852
underlying assets or liabilities, and the gain or loss from such	103853
sale, exchange, or disposition shall be included in the person's	103854
net income under this chapter.	103855

(3) The disregarded entity's payroll, property, and sales	103856
factors shall be included in the person's factors.	103857

(G) The tax a corporation is required to pay under this	103858
chapter shall be as follows:	103859

(1)(a) For financial institutions, the greater of the minimum	103860
payment required under division (E) of section 5733.06 of the	103861
Revised Code or the difference between all taxes charged the	103862
financial institution under this chapter, without regard to	103863
division (G)(2) of this section, less any credits allowable	103864
against such tax.	103865

(b) A corporation satisfying the description in division	103866
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	103867
Code, as that section existed before its amendment by H.B. 510 of	103868
the 129th general assembly, that is not a financial institution,	103869
insurance company, or dealer in intangibles is subject to the	103870
taxes imposed under this chapter as a corporation and not subject	103871
to tax as a financial institution, and shall pay the greater of	103872
the minimum payment required under division (E) of section 5733.06	103873
of the Revised Code or the difference between all the taxes	103874
charged under this chapter, without regard to division (G)(2) of	103875
this section, less any credits allowable against such tax.	103876

(2) For all corporations other than those persons described	103877
in division (G)(1)(a) or (b) of this section, the amount under	103878
division (G)(2)(a) of this section applicable to the tax year	103879
specified less the amount under division (G)(2)(b) of this	103880
section:	103881

(a)(i) For tax year 2005, the greater of the minimum payment	103882
required under division (E) of section 5733.06 of the Revised Code	103883
or the difference between all taxes charged the corporation under	103884
this chapter and any credits allowable against such tax;	103885

(ii) For tax year 2006, the greater of the minimum payment	103886
required under division (E) of section 5733.06 of the Revised Code	103887
or four-fifths of the difference between all taxes charged the	103888
corporation under this chapter and any credits allowable against	103889
such tax, except the qualifying pass-through entity tax credit	103890
described in division (A)(30) and the refundable credits described	103891
in divisions (A)(31) to (35) of section 5733.98 of the Revised	103892
Code;	103893

(iii) For tax year 2007, the greater of the minimum payment	103894
required under division (E) of section 5733.06 of the Revised Code	103895
or three-fifths of the difference between all taxes charged the	103896
corporation under this chapter and any credits allowable against	103897
such tax, except the qualifying pass-through entity tax credit	103898
described in division (A)(30) and the refundable credits described	103899
in divisions (A)(31) to (35) of section 5733.98 of the Revised	103900
Code;	103901

(iv) For tax year 2008, the greater of the minimum payment	103902
required under division (E) of section 5733.06 of the Revised Code	103903
or two-fifths of the difference between all taxes charged the	103904
corporation under this chapter and any credits allowable against	103905
such tax, except the qualifying pass-through entity tax credit	103906
described in division (A)(30) and the refundable credits described	103907
in divisions (A)(31) to (35) of section 5733.98 of the Revised	103908
Code;	103909

(v) For tax year 2009, the greater of the minimum payment	103910
required under division (E) of section 5733.06 of the Revised Code	103911
or one-fifth of the difference between all taxes charged the	103912
corporation under this chapter and any credits allowable against	103913
such tax, except the qualifying pass-through entity tax credit	103914
described in division (A)(30) and the refundable credits described	103915
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	103916
the Revised Code;	103917

(vi) For tax year 2010 and each tax year thereafter, no tax.

103918

(b) A corporation shall subtract from the amount calculated	103919
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	103920
any qualifying pass-through entity tax credit described in	103921
division (A)(30) and any refundable credits described in divisions	103922
(A)(31) to (35) of section 5733.98 of the Revised Code to which	103923
the corporation is entitled. Any unused qualifying pass-through	103924
entity tax credit is not refundable.	103925

(c) For the purposes of computing the amount of a credit that	103926
may be carried forward to a subsequent tax year under division	103927
(G)(2) of this section, a credit is utilized against the tax for a	103928
tax year to the extent the credit applies against the tax for that	103929
tax year, even if the difference is then multiplied by the	103930
applicable fraction under division (G)(2)(a) of this section.	103931

(d) References in division (G)(2) of this section to section	103932
5733.98 of the Revised Code is to that section before its	103933
amendment by H.B. ... of the 130th general assembly.	103934

(3) Nothing in division (G) of this section eliminates or	103935
reduces the tax imposed by section 5733.41 of the Revised Code on	103936
a qualifying pass-through entity.	103937

Sec. 5733.06. For tax years prior to tax year 2014, the tax	103938
hereby charged each corporation subject to this chapter shall be	103939
the greater of the sum of divisions (A) and (B) of this section,	103940
after the reduction, if any, provided by division (J) of this	103941
section, or division (C) of this section, after the reduction, if	103942
any, provided by division (J) of this section, except that the tax	103943
hereby charged each financial institution subject to this chapter	103944
shall be the amount computed under division (D) of this section:	103945

(A) Except as set forth in division (F) of this section, five	103946
and one-tenth per cent upon the first fifty thousand dollars of	103947
the value of the taxpayer's issued and outstanding shares of stock	103948
as determined under division (B) of section 5733.05 of the Revised	103949
Code;	103950

(B) Except as set forth in division (F) of this section,	103951
eight and one-half per cent upon the value so determined in excess	103952
of fifty thousand dollars; or	103953

(C)(1) Except as otherwise provided under division (G) of	103954
this section, four mills times that portion of the value of the	103955
issued and outstanding shares of stock as determined under	103956
division (C) of section 5733.05 of the Revised Code. For the	103957
purposes of division (C) of this section, division (C)(2) of	103958
section 5733.065, and division (C) of section 5733.066 of the	103959
Revised Code, the value of the issued and outstanding shares of	103960
stock of an eligible corporation for tax year 2003 through tax	103961
year 2007, or of a qualifying holding company, is zero.	103962

(2) As used in division (C) of this section, "eligible	103963
corporation" means a person treated as a corporation for federal	103964
income tax purposes that meets all of the following criteria:	103965

(a) The corporation conducts business for an entire taxable	103966
year as a qualified trade or business as defined by division (C)	103967
of section 122.15 of the Revised Code, as that section existed	103968
before its repeal by H.B. ... of the 130th general assembly.	103969

(b) The corporation uses more than fifty per cent of the	103970
corporation's assets, based on net book value, that are located in	103971
Ohio solely to conduct activities that constitute a qualified	103972
trade or business as defined by section 122.15 of the Revised	103973
Code, as that section existed before its repeal by H.B. ... of the	103974
130th general assembly.	103975

(c) The corporation has been formed or organized not more	103976
than three years before the report required to be filed by section	103977
5733.02 of the Revised Code is due, without regard to any	103978
extensions.	103979

(d) The corporation is not a related member, as defined in	103980
section 5733.042 of the Revised Code, at any time during the	103981
taxable year with respect to another person treated as a	103982
corporation for federal income tax purposes. A corporation is not	103983
a related member if during the entire taxable year at least	103984
seventy-five per cent of the corporation's stock is owned directly	103985
or through a pass-through entity by individuals, estates, and	103986
grantor trusts, and the individuals, estates, and grantor trusts	103987
do not directly or indirectly own more than twenty per cent of the	103988
value of another person treated as a corporation for federal	103989
income tax purposes that is conducting a qualified trade or	103990
business.	103991

(D) The tax charged each financial institution subject to	103992
this chapter shall be that portion of the value of the issued and	103993
outstanding shares of stock as determined under division (A) of	103994
section 5733.05 of the Revised Code, multiplied by the following	103995
amounts:	103996

(1) For tax years prior to the 1999 tax year, fifteen mills;

103997

(2) For the 1999 tax year, fourteen mills;

103998

(3) For tax year 2000 and thereafter, thirteen mills.

103999

(E) No tax shall be charged from any corporation that has	104000
been adjudicated bankrupt, or for which a receiver has been	104001
appointed, or that has made a general assignment for the benefit	104002
of creditors, except for the portion of the then current tax year	104003
during which the tax commissioner finds such corporation had the	104004
power to exercise its corporate franchise unimpaired by such	104005
proceedings or act. The minimum payment for each corporation shall	104006
be as follows:	104007

(1) One thousand dollars in the case of a corporation having	104008
gross receipts for the taxable year equal to at least five million	104009
dollars from activities within or outside this state or in the	104010
case of a corporation employing at least three hundred employees	104011
at some time during the taxable year within or outside this state;	104012

(2) Fifty dollars in the case of any other corporation.

104013

The tax charged to corporations under this chapter for the	104014
privilege of engaging in business in this state, which is an	104015
excise tax levied on the value of the issued and outstanding	104016
shares of stock, shall in no manner be construed as prohibiting or	104017
otherwise limiting the powers of municipal corporations, joint	104018
economic development zones created under section 715.691 of the	104019
Revised Code, and joint economic development districts created	104020
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	104021
Revised Code in this state to impose an income tax on the income	104022
of such corporations.	104023

(F) If two or more taxpayers satisfy the ownership or control	104024
requirements of division (A) of section 5733.052 of the Revised	104025
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	104026
amount" for "fifty thousand dollars" in divisions (A) and (B) of	104027
this section. For purposes of this division, "the taxpayer's	104028
pro-rata amount" is an amount that, when added to the other such	104029
taxpayers' pro-rata amounts, does not exceed fifty thousand	104030
dollars. For the purpose of making that computation, the	104031
taxpayer's pro-rata amount shall not be less than zero. Nothing in	104032
this division derogates from or eliminates the requirement to make	104033
the alternative computation of tax under division (C) of this	104034
section.	104035

(G) The tax liability of any corporation under division (C)	104036
of this section shall not exceed one hundred fifty thousand	104037
dollars.	104038

(H)(1) For the purposes of division (H) of this section,	104039
"exiting corporation" means a corporation that satisfies all of	104040
the following conditions:	104041

(a) The corporation had nexus with or in this state under the	104042
Constitution of the United States during any portion of a calendar	104043
year;	104044

(b) The corporation was not a corporation described in	104045
division (A) of section 5733.01 of the Revised Code on the first	104046
day of January immediately following that calendar year;	104047

(c) The corporation was not a financial institution on the	104048
first day of January immediately following that calendar year;	104049

(d) If the corporation was a transferor as defined in section	104050
5733.053 of the Revised Code, the corporation's transferee was not	104051
required to add to the transferee's net income the income of the	104052
transferor pursuant to division (B) of that section;	104053

(e) During any portion of that calendar year, or any portion	104054
of the immediately preceding calendar year, the corporation had	104055
net income that was not included in a report filed by the	104056
corporation or its transferee pursuant to section 5733.02,	104057
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	104058

(f) The corporation would have been subject to the tax	104059
computed under divisions (A), (B), (C), (F), and (G) of this	104060
section if the corporation is assumed to be a corporation	104061
described in division (A) of section 5733.01 of the Revised Code	104062
on the first day of January immediately following the calendar	104063
year to which division (H)(1)(a) of this section refers.	104064

(2) For the purposes of division (H) of this section,	104065
"unreported net income" means net income that was not previously	104066
included in a report filed pursuant to section 5733.02, 5733.021,	104067
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	104068
realized or recognized during the calendar year to which division	104069
(H)(1) of this section refers or the immediately preceding	104070
calendar year.	104071

(3) Each exiting corporation shall pay a tax computed by	104072
first allocating and apportioning the unreported net income	104073
pursuant to division (B) of section 5733.05 and section 5733.051	104074
and, if applicable, section 5733.052 of the Revised Code. The	104075
exiting corporation then shall compute the tax due on its	104076
unreported net income allocated and apportioned to this state by	104077
applying divisions (A), (B), and (F) of this section to that	104078
income.	104079

(4) Divisions (C) and (G) of this section, division (D)(2) of	104080
section 5733.065, and division (C) of section 5733.066 of the	104081
Revised Code do not apply to an exiting corporation, but exiting	104082
corporations are subject to every other provision of this chapter.	104083

(5) Notwithstanding division (B) of section 5733.01 or	104084
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	104085
contrary, each exiting corporation shall report and pay the tax	104086
due under division (H) of this section on or before the	104087
thirty-first day of May immediately following the calendar year to	104088
which division (H)(1)(a) of this section refers. The exiting	104089
corporation shall file that report on the form most recently	104090
prescribed by the tax commissioner for the purposes of complying	104091
with sections 5733.02 and 5733.03 of the Revised Code. Upon	104092
request by the corporation, the tax commissioner may extend the	104093
date for filing the report.	104094

(6) If, on account of the application of section 5733.053 of	104095
the Revised Code, net income is subject to the tax imposed by	104096
divisions (A) and (B) of this section, such income shall not be	104097
subject to the tax imposed by division (H)(3) of this section.	104098

(7) The amendments made to division (H) of this section by	104099
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	104100
any transfer, as defined in section 5733.053 of the Revised Code,	104101
for which negotiations began prior to January 1, 2001, and that	104102
was commenced in and completed during calendar year 2001, unless	104103
the taxpayer makes an election prior to December 31, 2001, to	104104
apply those amendments.	104105

(8) The tax commissioner may adopt rules governing division	104106
(H) of this section.	104107

(I) Any reference in the Revised Code to "the tax imposed by	104108
section 5733.06 of the Revised Code" or "the tax due under section	104109
5733.06 of the Revised Code" includes the taxes imposed under	104110
sections 5733.065 and 5733.066 of the Revised Code.	104111

(J)(1) Division (J) of this section applies solely to a	104112
combined company. Section 5733.057 of the Revised Code shall apply	104113
when calculating the adjustments required by division (J) of this	104114
section.	104115

(2) Subject to division (J)(4) of this section, the total tax	104116
calculated in divisions (A) and (B) of this section shall be	104117
reduced by an amount calculated by multiplying such tax by a	104118
fraction, the numerator of which is the total taxable gross	104119
receipts attributed to providing public utility activity other	104120
than as an electric company under section 5727.03 of the Revised	104121
Code for the year upon which the taxable gross receipts are	104122
measured immediately preceding the tax year, and the denominator	104123
of which is the total gross receipts from all sources for the year	104124
upon which the taxable gross receipts are measured immediately	104125
preceding the tax year. Nothing herein shall be construed to	104126
exclude from the denominator any item of income described in	104127
section 5733.051 of the Revised Code.	104128

(3) Subject to division (J)(4) of this section, the total tax	104129
calculated in division (C) of this section shall be reduced by an	104130
amount calculated by multiplying such tax by the fraction	104131
described in division (J)(2) of this section.	104132

(4) In no event shall the reduction provided by division	104133
(J)(2) or (J)(3) of this section exceed the amount of the excise	104134
tax paid in accordance with section 5727.38 of the Revised Code,	104135
for the year upon which the taxable gross receipts are measured	104136
immediately preceding the tax year.	104137

Sec. 5733.11. (A) If any corporation required to file a	104138
report under this chapter fails to file the report within the time	104139
prescribed, files an incorrect report, or fails to remit the full	104140
amount of the tax due for the period covered by the report, the	104141
tax commissioner may make an assessment against the corporation	104142
for any deficiency for the period for which the report or tax is	104143
due, based upon any information in the commissioner's possession.	104144

No assessment shall be made or issued against a corporation	104145
more than three years after the later of the final date the report	104146
subject to assessment was required to be filed or the date the	104147
report was filed. Such time limit may be extended if both the	104148
corporation and the commissioner consent in writing to the	104149
extension or if an agreement waiving or extending the time limit	104150
has been entered into pursuant to section 122.171 of the Revised	104151
Code. Any such extension shall extend the three-year time limit in	104152
division (B) of section 5733.12 of the Revised Code for the same	104153
period of time. There shall be no bar or limit to an assessment	104154
against a corporation that fails to file a report subject to	104155
assessment as required by this chapter, or that files a fraudulent	104156
report.	104157

The commissioner shall give the corporation assessed written	104158
notice of the assessment in the manner provided in section 5703.37	104159
of the Revised Code. With the notice, the commissioner shall	104160
provide instructions on how to petition for reassessment and	104161
request a hearing on the petition.	104162

(B) Unless the corporation assessed files with the tax	104163
commissioner within sixty days after service of the notice of	104164
assessment, either personally or by certified mail, a written	104165
petition for reassessment, signed by the ~~corporations~~	104166
corporation's authorized agent having knowledge of the facts,, the	104167
assessment becomes final, and the amount of the assessment is due	104168
and payable from the corporation assessed to the treasurer of	104169
state. The petition shall indicate the corporation's objections,	104170
but additional objections may be raised in writing if received by	104171
the commissioner prior to the date shown on the final	104172
determination. If the petition has been properly filed, the	104173
commissioner shall proceed under section 5703.60 of the Revised	104174
Code.	104175

(C) After an assessment becomes final, if any portion of the	104176
assessment remains unpaid, including accrued interest, a certified	104177
copy of the tax commissioner's entry making the assessment final	104178
may be filed in the office of the clerk of the court of common	104179
pleas in the county in which the corporation has an office or	104180
place of business in this state, the county in which the	104181
corporation's statutory agent is located, or Franklin county.	104182

Immediately upon the filing of the entry, the clerk shall	104183
enter a judgment against the corporation assessed in the amount	104184
shown on the entry. The judgment may be filed by the clerk in a	104185
loose-leaf book entitled "special judgments for state corporate	104186
franchise and litter taxes," and shall have the same effect as	104187
other judgments. Execution shall issue upon the judgment upon the	104188
request of the tax commissioner, and all laws applicable to sales	104189
on execution shall apply to sales made under the judgment.	104190

~~The portion of an~~If the assessment is not paid within sixty	104191
days after the day the assessment was issued, the portion of the	104192
assessment consisting of tax due shall bear interest at the rate	104193
per annum prescribed by section 5703.47 of the Revised Code from	104194
the day the tax commissioner issues the assessment until the	104195
assessment is paid or until it is certified to the attorney	104196
general for collection under section 131.02 of the Revised Code,	104197
whichever comes first. If the unpaid portion of the assessment is	104198
certified to the attorney general for collection, the entire	104199
unpaid portion of the assessment shall bear interest at the rate	104200
per annum prescribed by section 5703.47 of the Revised Code from	104201
the date of certification until the date it is paid in its	104202
entirety. Interest shall be paid in the same manner as the tax and	104203
may be collected by issuing an assessment under this section.	104204

(D) All money collected under this section shall be	104205
considered as revenue arising from the taxes imposed by this	104206
chapter.	104207

(E) The portion of an assessment that must be paid upon the	104208
filing of a petition for reassessment shall be as follows:	104209

(1) If the sole item objected to is the assessed penalty or	104210
interest, payment of the assessment, including interest but not	104211
penalty, is required;	104212

(2) If the corporation assessed failed to file, prior to the	104213
date of issuance of the assessment, the annual report required by	104214
section 5733.02 of the Revised Code, any amended report required	104215
by division (C) of section 5733.031 of the Revised Code for the	104216
tax year at issue, or any amended report required by division (D)	104217
of section 5733.067 of the Revised Code to indicate a reduction in	104218
the amount of the credit provided under that section, payment of	104219
the assessment, including interest but not penalty, is required;	104220

(3) If the corporation assessed filed, prior to the date of	104221
issuance of the assessment, the annual report required by section	104222
5733.02 of the Revised Code, all amended reports required by	104223
division (C) of section 5733.031 of the Revised Code for the tax	104224
year at issue, and all amended reports required by division (D) of	104225
section 5733.067 of the Revised Code to indicate a reduction in	104226
the amount of the credit provided under that section, and a	104227
balance of the taxes shown due on the reports as computed on the	104228
reports remains unpaid, payment of only that portion of the	104229
assessment representing the unpaid balance of tax and interest is	104230
required;	104231

(4) If the corporation assessed does not dispute that it is a	104232
taxpayer but claims the protections of section 101 of Public Law	104233
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	104234
that portion of the assessment representing any balance of taxes	104235
shown due on the corporation's annual report required by section	104236
5733.02 of the Revised Code, as computed on the report, that	104237
remains unpaid, and that represents taxes imposed by division (C)	104238
of section 5733.06, division (C)(2) of section 5733.065, and	104239
division (C) of section 5733.066 of the Revised Code, together	104240
with all related interest, is required;	104241

(5) If none of the conditions specified in divisions (E)(1)	104242
to (4) of this section apply, or if the corporation assessed	104243
disputes that it is a taxpayer, no payment is required.	104244

(F) Notwithstanding the fact that a petition for reassessment	104245
is pending, the corporation may pay all or a portion of the	104246
assessment that is the subject of the petition. The acceptance of	104247
a payment by the treasurer of state does not prejudice any claim	104248
for refund upon final determination of the petition.	104249

If upon final determination of the petition an error in the	104250
assessment is corrected by the tax commissioner, upon petition so	104251
filed or pursuant to a decision of the board of tax appeals or any	104252
court to which the determination or decision has been appealed, so	104253
that the amount due from the corporation under the corrected	104254
assessment is less than the portion paid, there shall be issued to	104255
the corporation, its assigns, or legal representative a refund in	104256
the amount of the overpayment as provided by section 5733.12 of	104257
the Revised Code, with interest on that amount as provided by	104258
section 5733.26 of the Revised Code, subject to section 5733.121	104259
of the Revised Code.	104260

Sec. 5733.98. (A) To provide a uniform procedure for	104261
calculating the amount of tax imposed by section 5733.06 of the	104262
Revised Code that is due under this chapter, a taxpayer shall	104263
claim any credits to which it is entitled in the following order,	104264
except as otherwise provided in section 5733.058 of the Revised	104265
Code:	104266

(1) For tax year 2005, the credit for taxes paid by a	104267
qualifying pass-through entity allowed under section 5733.0611 of	104268
the Revised Code;	104269

(2) The credit allowed for financial institutions under	104270
section 5733.45 of the Revised Code;	104271

(3) The credit for qualifying affiliated groups under section	104272
5733.068 of the Revised Code;	104273

(4) The subsidiary corporation credit under section 5733.067	104274
of the Revised Code;	104275

(5) The savings and loan assessment credit under section	104276
5733.063 of the Revised Code;	104277

(6) The credit for recycling and litter prevention donations	104278
under section 5733.064 of the Revised Code;	104279

(7) The credit for employers that enter into agreements with	104280
child day-care centers under section 5733.36 of the Revised Code;	104281

(8) The credit for employers that reimburse employee child	104282
care expenses under section 5733.38 of the Revised Code;	104283

(9) The credit for maintaining railroad active grade crossing	104284
warning devices under section 5733.43 of the Revised Code;	104285

(10) The credit for purchases of lights and reflectors under	104286
section 5733.44 of the Revised Code;	104287

(11) The nonrefundable job retention credit under division	104288
(B) of section 5733.0610 of the Revised Code;	104289

(12) The credit for tax years 2008 and 2009 for selling	104290
alternative fuel under section 5733.48 of the Revised Code;	104291

(13) The second credit for purchases of new manufacturing	104292
machinery and equipment under section 5733.33 of the Revised Code;	104293

(14) The job training credit under section 5733.42 of the	104294
Revised Code;	104295

(15) The credit for qualified research expenses under section	104296
5733.351 of the Revised Code;	104297

(16) The enterprise zone credit under section 5709.66 of the	104298
Revised Code;	104299

(17) The credit for the eligible costs associated with a	104300
voluntary action under section 5733.34 of the Revised Code;	104301

(18) The credit for employers that establish on-site child	104302
day-care centers under section 5733.37 of the Revised Code;	104303

(19) The ethanol plant investment credit under section	104304
5733.46 of the Revised Code;	104305

(20) The credit for purchases of qualifying grape production	104306
property under section 5733.32 of the Revised Code;	104307

(21) The export sales credit under section 5733.069 of the	104308
Revised Code;	104309

(22) ~~The credit for research and development and technology~~	104310
~~transfer investors under section 5733.35 of the Revised Code;~~	104311

~~(23)~~ The enterprise zone credits under section 5709.65 of the	104312
Revised Code;	104313

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	104314
of the Revised Code;	104315

~~(25)~~(24) The credit for purchases of qualified low-income	104316
community investments under section 5733.58 of the Revised Code;	104317

~~(26)~~(25) The credit for small telephone companies under	104318
section 5733.57 of the Revised Code;	104319

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	104320
under section 5733.55 of the Revised Code;	104321

~~(28)~~(27) For tax year 2005, the credit for providing programs	104322
to aid the communicatively impaired under division (A) of section	104323
5733.56 of the Revised Code;	104324

~~(29)~~(28) The research and development credit under section	104325
5733.352 of the Revised Code;	104326

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	104327
credit for taxes paid by a qualifying pass-through entity allowed	104328
under section 5733.0611 of the Revised Code;	104329

~~(31)~~(30) The refundable credit for rehabilitating a historic	104330
building under section 5733.47 of the Revised Code;	104331

~~(32)~~(31) The refundable jobs creation credit or job retention	104332
credit under division (A) of section 5733.0610 of the Revised	104333
Code;	104334

~~(33)~~(32) The refundable credit for tax withheld under	104335
division (B)(2) of section 5747.062 of the Revised Code;	104336

~~(34)~~(33) The refundable credit under section 5733.49 of the	104337
Revised Code for losses on loans made to the Ohio venture capital	104338
program under sections 150.01 to 150.10 of the Revised Code;	104339

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	104340
credit allowable under division (B) of section 5733.56 of the	104341
Revised Code;	104342

~~(36)~~(35) The refundable motion picture production credit	104343
under section 5733.59 of the Revised Code.	104344

(B) For any credit except the refundable credits enumerated	104345
in this section, the amount of the credit for a tax year shall not	104346
exceed the tax due after allowing for any other credit that	104347
precedes it in the order required under this section. Any excess	104348
amount of a particular credit may be carried forward if authorized	104349
under the section creating that credit.	104350

Sec. 5735.01. As used in this chapter:

104351

(A) "Motor vehicles" includes all vehicles, vessels,	104352
watercraft, engines, machines, or mechanical contrivances which	104353
are powered by internal combustion engines or motors.	104354

(B) "Motor fuel" means compressed natural gas and any liquid	104355
motor fuel, including, but not limited to, gasoline, diesel fuel,	104356
K-1 kerosene, ~~or any other liquid motor fuel, including, but not~~	104357
~~limited to,~~ liquid petroleum gas, or liquid natural gas, but	104358
excluding substances prepackaged and sold in containers of five	104359
gallons or less.	104360

(C) "K-1 ~~Kerosene~~kerosene" means fuel that conforms to the	104361
chemical and physical standards for kerosene no. 1-K as set forth	104362
in the ~~american~~American society for testing and materials (ASTM)	104363
designated D-3699 "standard for specification for kerosene," as	104364
that standard may be modified from time to time. For purposes of	104365
inspection and testing, laboratory analysis shall be conducted	104366
using methods recognized by the ASTM designation D-3699.	104367

(D) "Diesel fuel" means any liquid fuel capable of use in	104368
discrete form or as a blend component in the operation of engines	104369
of the diesel type, including transmix when mixed with diesel	104370
fuel.	104371

(E) "Gasoline" means any of the following:

104372

(1) All products, commonly or commercially known or sold as	104373
gasoline;	104374

(2) Any blend stocks or additives, including alcohol, that	104375
are sold for blending with gasoline, other than products typically	104376
sold in containers of five gallons or less;	104377

(3) Transmix when mixed with gasoline, unless certified, as	104378
required by the tax commissioner, for withdrawal from terminals	104379
for reprocessing at refineries;	104380

(4) Alcohol that is offered for sale or sold for use as, or	104381
commonly and commercially used as, a fuel for internal combustion	104382
engines.	104383

Gasoline does not include diesel fuel, commercial or	104384
industrial napthas or solvents manufactured, imported, received,	104385
stored, distributed, sold, or used exclusively for purposes other	104386
than as a motor fuel for a motor vehicle or vessel. The blending	104387
of any of the products listed in the preceding sentence,	104388
regardless of name or characteristics, is conclusively presumed to	104389
have been done to produce gasoline, unless the product obtained by	104390
the blending is entirely incapable for use as fuel to operate a	104391
motor vehicle. An additive, blend stock, or alcohol is presumed to	104392
be sold for blending unless a certification is obtained as	104393
required by the tax commissioner.	104394

(F) "Public highways" means lands and lots over which the	104395
public, either as user or owner, generally has a right to pass,	104396
even though the same are closed temporarily by the authorities for	104397
the purpose of construction, reconstruction, maintenance, or	104398
repair.	104399

(G) "Waters within the boundaries of this state" means all	104400
streams, lakes, ponds, marshes, water courses, and all other	104401
bodies of surface water, natural or artificial, which are situated	104402
wholly or partially within this state or within its jurisdiction,	104403
except private impounded bodies of water.	104404

(H) "Person" includes individuals, partnerships, firms,	104405
associations, corporations, receivers, trustees in bankruptcy,	104406
estates, joint-stock companies, joint ventures, the state and its	104407
political subdivisions, and any combination of persons of any	104408
form.	104409

(I)(1) "Motor fuel dealer" means any person who satisfies any	104410
of the following:	104411

(a) The person imports from another state or foreign country	104412
or acquires motor fuel by any means into a terminal in this state;	104413

(b) The person imports motor fuel from another state or	104414
foreign country in bulk lot vehicles for subsequent sale and	104415
distribution in this state from bulk lot vehicles;	104416

104417

(d) The person acquires motor fuel from a motor fuel dealer	104418
for subsequent sale and distribution by that person in this state	104419
from bulk lot vehicles;	104420

(e) The person possesses an unrevoked permissive motor fuel	104421
dealer's license.	104422

(2) Any person who obtains dyed diesel fuel for use other	104423
than the operation of motor vehicles upon the public highways or	104424
upon waters within the boundaries of this state, but later uses	104425
that motor fuel for the operation of motor vehicles upon the	104426
public highways or upon waters within the boundaries of this	104427
state, is deemed a motor fuel dealer as regards any unpaid motor	104428
fuel taxes levied on the motor fuel so used.	104429

(J) As used in sections 5735.05, 5735.25, 5735.29, and	104430
5735.30 of the Revised Code only:	104431

(1) With respect to gasoline, "received" or "receipt" shall	104432
be construed as follows:	104433

(a) Gasoline produced at a refinery in this state or	104434
delivered to a terminal in this state is deemed received when it	104435
is disbursed through a loading rack at that refinery or terminal;	104436

(b) Except as provided in division (J)(1)(a) of this section,	104437
gasoline imported into this state or purchased or otherwise	104438
acquired in this state by any person is deemed received within	104439
this state by that person when the gasoline is withdrawn from the	104440
container in which it was transported;	104441

(c) Gasoline delivered or disbursed by any means from a	104442
terminal directly to another terminal is not deemed received.	104443

(2) With respect to motor fuel other than gasoline,	104444
"received" or "receipt" means distributed or sold for use or used	104445
to generate power for the operation of motor vehicles upon the	104446
public highways or upon waters within the boundaries of this	104447
state. All diesel fuel that is not dyed diesel fuel, regardless of	104448
its use, shall be considered as used to generate power for the	104449
operation of motor vehicles upon the public highways or upon	104450
waters within the boundaries of this state when the fuel is sold	104451
or distributed to a person other than a licensed motor fuel dealer	104452
or to a person licensed under section 5735.026 of the Revised	104453
Code.	104454

(K) Motor fuel used for the operation of licensed motor	104455
vehicles employed in the maintenance, construction, or repair of	104456
public highways is deemed to be used for the operation of motor	104457
vehicles upon the public highways.	104458

(L) "Licensed motor fuel dealer" means any dealer possessing	104459
an unrevoked motor fuel dealer's license issued by the tax	104460
commissioner as provided in section 5735.02 of the Revised Code.	104461

(M) "Licensed retail dealer" means any retail dealer	104462
possessing an unrevoked retail dealer's license issued by the tax	104463
commissioner as provided in section 5735.022 of the Revised Code.	104464

(N) "Cents per gallon rate" means the amount computed by the	104465
tax commissioner under section 5735.011 of the Revised Code that	104466
is used to determine that portion of the tax levied by section	104467
5735.05 of the Revised Code that is computed in the manner	104468
prescribed by division (B)(2) of section 5735.06 of the Revised	104469
Code and that is applicable for the period that begins on the	104470
first day of July following the date on which the commissioner	104471
makes the computation.	104472

(O) "Retail dealer" means any person that sells or	104473
distributes motor fuel at a retail service station located in this	104474
state.	104475

(P) "Retail service station" means a location from which	104476
motor fuel is sold to the general public and is dispensed or	104477
pumped directly into motor vehicle fuel tanks for consumption.	104478

(Q) "Transit bus" means a motor vehicle that is operated for	104479
public transit or paratransit service on a regular and continuing	104480
basis within the state by or for a county, a municipal	104481
corporation, a county transit board pursuant to sections 306.01 to	104482
306.13 of the Revised Code, a regional transit authority pursuant	104483
to sections 306.30 to 306.54 of the Revised Code, or a regional	104484
transit commission pursuant to sections 306.80 to 306.90 of the	104485
Revised Code. Public transit or paratransit service may include	104486
fixed route, demand-responsive, or subscription bus service	104487
transportation, but does not include shared-ride taxi service,	104488
carpools, vanpools, jitney service, school bus transportation, or	104489
charter or sightseeing services.	104490

(R) "Export" means motor fuel delivered outside this state.	104491
Motor fuel delivered outside this state by or for the seller	104492
constitutes an export by the seller. Motor fuel delivered outside	104493
this state by or for the purchaser constitutes an export by the	104494
purchaser.	104495

(S) "Import" means motor fuel delivered into this state from	104496
outside this state. Motor fuel delivered into this state from	104497
outside this state by or for the seller constitutes an import by	104498
the seller. Motor fuel delivered into this state from outside this	104499
state by or for the purchaser constitutes an import by the	104500
purchaser.	104501

(T) "Terminal" means a motor fuel storage or distribution	104502
facility that is supplied by pipeline or marine vessel.	104503

(U) "Consumer" means a buyer of motor fuel for purposes other	104504
than resale in any form.	104505

(V) "Bulk lot vehicle" means railroad tank cars, transport	104506
tank trucks and tank wagons with a capacity of at least 1,400	104507
gallons.	104508

(W) "Licensed permissive motor fuel dealer" means any person	104509
possessing an unrevoked permissive motor fuel dealer's license	104510
issued by the tax commissioner under section 5735.021 of the	104511
Revised Code.	104512

(X) "Licensed terminal operator" means any person possessing	104513
an unrevoked terminal operator's license issued by the tax	104514
commissioner under section 5735.026 of the Revised Code.	104515

(Y) "Licensed exporter" means any person possessing an	104516
unrevoked exporter's license issued by the tax commissioner under	104517
section 5735.026 of the Revised Code.	104518

(Z) "Dyed diesel fuel" means any diesel fuel dyed pursuant to	104519
regulations issued by the internal revenue service or a rule	104520
promulgated by the tax commissioner.	104521

(AA) "Gross gallons" means U.S. gallons without temperature	104522
or barometric adjustments.	104523

(BB) "Net gallons" means U.S. gallons with a temperature	104524
adjustment to sixty degrees fahrenheit.	104525

Sec. 5735.012. ~~Amounts~~With respect to liquid motor fuel	104526
other than liquid natural gas, amounts of motor fuel reported	104527
under this chapter shall be measured in gross gallons, except that	104528
amounts reported for terminal to terminal transactions shall be	104529
measured in net gallons and amounts reported for terminal to Ohio	104530
licensed dealer transactions shall be measured in both net gallons	104531
and gross gallons. Amounts of compressed natural gas and liquid	104532
natural gas shall be measured in gallon equivalents as described	104533
in section 5735.013 of the Revised Code.	104534

Sec. 5735.013. For the purposes of this chapter, the	104535
following amounts of compressed natural gas or liquid natural gas	104536
shall be the equivalent of one gallon of motor fuel:	104537

(A) For compressed natural gas that is received through a	104538
dispenser capable of providing a measurement in pounds, five and	104539
sixty-six one-hundredths pounds of compressed natural gas;	104540

(B) For compressed natural gas that is not received as	104541
provided in division (A) of this section, one hundred twenty-six	104542
and sixty-seven one-hundredths cubic feet of compressed natural	104543
gas;	104544

(C) For liquid natural gas, six and six one-hundredths pounds	104545
of liquid natural gas.	104546

Sec. 5735.12. (A) Any motor fuel dealer required by this	104547
chapter to file reports and pay the tax levied by this chapter who	104548
fails to file the report within the time prescribed, may be liable	104549
for an additional charge not exceeding the greater of ten per cent	104550
of the motor fuel dealer's tax liability for that month or fifty	104551
dollars. The tax commissioner may remit all or a portion of the	104552
additional charge and may adopt rules relating to the remission of	104553
all or a portion of the charge.	104554

If any person required by this chapter to file reports and	104555
pay the taxes, interest, or additional charge levied by this	104556
chapter fails to file the report, files an incomplete or incorrect	104557
report, or fails to remit the full amount of the tax, interest, or	104558
additional charge due for the period covered by the report, the	104559
commissioner may make an assessment against the person based upon	104560
any information in the commissioner's possession.	104561

No assessment shall be made against any motor fuel dealer for	104562
taxes imposed by this chapter more than four years after the date	104563
on which the report on which the assessment was based was due or	104564
was filed, whichever is later. This section does not bar an	104565
assessment against any motor fuel dealer who fails to file a	104566
report required by section 5735.06 of the Revised Code, or who	104567
files a fraudulent motor fuel tax report.	104568

A penalty of up to fifteen per cent may be added to the	104569
amount of every assessment made under this section. The	104570
commissioner may adopt rules providing for the imposition and	104571
remission of penalties added to assessments made under this	104572
section.	104573

The commissioner shall give the party assessed written notice	104574
of the assessment in the manner provided in section 5703.37 of the	104575
Revised Code. With the notice, the commissioner shall provide	104576
instructions on how to petition for reassessment and request a	104577
hearing on the petition.	104578

(B) Unless the party assessed files with the tax commissioner	104579
within sixty days after service of the notice of assessment,	104580
either personally or by certified mail, a written petition for	104581
reassessment in writing, signed by the party assessed or that	104582
party's authorized agent having knowledge of the facts, the	104583
assessment becomes final and the amount of the assessment is due	104584
and payable from the party assessed to the treasurer of state. The	104585
petition shall indicate the objections of the party assessed, but	104586
additional objections may be raised in writing if received by the	104587
commissioner prior to the date shown on the final determination.	104588
If the petition has been properly filed, the commissioner shall	104589
proceed under section 5703.60 of the Revised Code.	104590

(C) After an assessment becomes final, if any portion of the	104591
assessment remains unpaid, including accrued interest, a certified	104592
copy of the tax commissioner's entry making the assessment final	104593
may be filed in the office of the clerk of the court of common	104594
pleas in the county in which the party assessed resides or in	104595
which the business of the party assessed is conducted. If the	104596
party assessed maintains no place of business in this state and is	104597
not a resident of this state, the certified copy of the entry may	104598
be filed in the office of the clerk of the court of common pleas	104599
of Franklin county.	104600

Immediately upon the filing of the entry, the clerk shall	104601
enter a judgment for the state against the party assessed in the	104602
amount shown on the entry. The judgment may be filed by the clerk	104603
in a loose-leaf book entitled "special judgments for state motor	104604
fuel tax," and shall have the same effect as other judgments.	104605
Execution shall issue upon the judgment upon the request of the	104606
tax commissioner, and all laws applicable to sales on execution	104607
shall apply to sales made under the judgment.	104608

~~The portion of~~If the assessment is not paid in its entirety	104609
within sixty days after the day the assessment was issued, the	104610
portion of the assessment consisting of tax due shall bear	104611
interest at the rate per annum prescribed by section 5703.47 of	104612
the Revised Code from the day the commissioner issues the	104613
assessment until it is paid or until it is certified to the	104614
attorney general for collection under section 131.02 of the	104615
Revised Code, whichever comes first. If the unpaid portion of the	104616
assessment is certified to the attorney general for collection,	104617
the entire unpaid portion of the assessment shall bear interest at	104618
the rate per annum prescribed by section 5703.47 of the Revised	104619
Code from the date of certification until the date it is paid in	104620
its entirety. Interest shall be paid in the same manner as the tax	104621
and may be collected by the issuance of an assessment under this	104622
section.	104623

(D) All money collected by the tax commissioner under this	104624
section shall be paid to the treasurer of state, and when paid	104625
shall be considered as revenue arising from the tax imposed by	104626
this chapter.	104627

(E) If the tax commissioner determines that the commissioner	104628
has erroneously refunded motor fuel tax to any person, the	104629
commissioner may make an assessment against the person for	104630
recovery of the erroneously refunded tax.	104631

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	104632
fuel dealer's entire business or discontinues operating that	104633
business, the taxes and any interest and penalties imposed under	104634
this chapter that arose prior to the date of sale or	104635
discontinuation become due and payable immediately. ~~The~~Within	104636
fifteen days after the date of the sale or discontinuation of the	104637
business, the motor fuel dealer shall make a final return ~~within~~	104638
~~fifteen days after the date of the sale or discontinuation of the~~	104639
~~business~~and provide written notification to the tax commissioner	104640
of the sale or discontinuation and the name and contact	104641
information of the purchaser, if applicable. The purchaser of the	104642
business shall withhold a sufficient amount of the purchase money	104643
to cover the amount of such taxes, interest, and penalties due and	104644
unpaid until the seller produces a receipt from the tax	104645
commissioner showing that the taxes, interest, and penalties have	104646
been paid, or until the seller produces a certificate indicating	104647
that no taxes, interest, and penalties are due.	104648

(B) If the purchaser of the business fails to withhold the	104649
purchase money required to be withheld under this section, the	104650
purchaser of the business is personally liable for the payment of	104651
the taxes, interest, and penalties accrued and unpaid during the	104652
operation of the business by the seller, but only to the extent of	104653
the consideration offered for the entire business.	104654

(C) For purposes of this section, "entire business" means	104655
substantially all of the seller's assets determined without regard	104656
to any then existing mortgages, liens, security interests or other	104657
encumbrances attaching to those assets. A person is considered to	104658
have sold the entire business only if the person ceases to qualify	104659
as a motor fuel dealer and has relinquished or the tax	104660
commissioner has canceled the person's motor fuel dealer's	104661
license.	104662

Sec. 5739.01. As used in this chapter:

104663

(A) "Person" includes individuals, receivers, assignees,	104664
trustees in bankruptcy, estates, firms, partnerships,	104665
associations, joint-stock companies, joint ventures, clubs,	104666
societies, corporations, the state and its political subdivisions,	104667
and combinations of individuals of any form.	104668

(B) "Sale" and "selling" include all of the following	104669
transactions for a consideration in any manner, whether absolutely	104670
or conditionally, whether for a price or rental, in money or by	104671
exchange, and by any means whatsoever:	104672

(1) All transactions by which title or possession, or both,	104673
of tangible personal property, is or is to be transferred, or a	104674
license to use or consume tangible personal property is or is to	104675
be granted;	104676

(2) All transactions by which lodging by a hotel is or is to	104677
be furnished to transient guests;	104678

(3) All transactions by which:

104679

(a) An item of tangible personal property is or is to be	104680
repaired, except property, the purchase of which would not be	104681
subject to the tax imposed by section 5739.02 of the Revised Code;	104682

(b) An item of tangible personal property is or is to be	104683
installed, except property, the purchase of which would not be	104684
subject to the tax imposed by section 5739.02 of the Revised Code	104685
or property that is or is to be incorporated into and will become	104686
a part of a production, transmission, transportation, or	104687
distribution system for the delivery of a public utility service;	104688

(c) The service of washing, cleaning, waxing, polishing, or	104689
painting a motor vehicle is or is to be furnished;	104690

(d) Until August 1, 2003, industrial laundry cleaning	104691
services are or are to be provided and, on and after August 1,	104692
2003, laundry and dry cleaning services are or are to be provided;	104693

(e) Automatic data processing, computer services, or	104694
electronic information services are or are to be provided for use	104695
in business when the true object of the transaction is the receipt	104696
by the consumer of automatic data processing, computer services,	104697
or electronic information services rather than the receipt of	104698
personal or professional services to which automatic data	104699
processing, computer services, or electronic information services	104700
are incidental or supplemental. Notwithstanding any other	104701
provision of this chapter, such transactions that occur between	104702
members of an affiliated group are not sales. An "affiliated	104703
group" means two or more persons related in such a way that one	104704
person owns or controls the business operation of another member	104705
of the group. In the case of corporations with stock, one	104706
corporation owns or controls another if it owns more than fifty	104707
per cent of the other corporation's common stock with voting	104708
rights.	104709

(f) Telecommunications service, including prepaid calling	104710
service, prepaid wireless calling service, or ancillary service,	104711
is or is to be provided, but not including coin-operated telephone	104712
service;	104713

(g) Landscaping and lawn care service is or is to be	104714
provided;	104715

(h) Private investigation and security service is or is to be	104716
provided;	104717

(i) Information services or tangible personal property is	104718
provided or ordered by means of a nine hundred telephone call;	104719

(j) Building maintenance and janitorial service is or is to	104720
be provided;	104721

(k) Employment service is or is to be provided;

104722

(l) Employment placement service is or is to be provided;

104723

(m) Exterminating service is or is to be provided;

104724

(n) Physical fitness facility service is or is to be	104725
provided;	104726

(o) Recreation and sports club service is or is to be	104727
provided;	104728

(p) On and after August 1, 2003, satellite broadcasting	104729
service is or is to be provided;	104730

(q) On and after August 1, 2003, personal care service is or	104731
is to be provided to an individual. As used in this division,	104732
"personal care service" includes skin care, the application of	104733
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	104734
piercing, tanning, massage, and other similar services. "Personal	104735
care service" does not include a service provided by or on the	104736
order of a licensed physician or licensed chiropractor, or the	104737
cutting, coloring, or styling of an individual's hair.	104738

(r) On and after August 1, 2003, the transportation of	104739
persons by motor vehicle or aircraft is or is to be provided, when	104740
the transportation is entirely within this state, except for	104741
transportation provided by an ambulance service, by a transit bus,	104742
as defined in section 5735.01 of the Revised Code, and	104743
transportation provided by a citizen of the United States holding	104744
a certificate of public convenience and necessity issued under 49	104745
U.S.C. 41102;	104746

(s) On and after August 1, 2003, motor vehicle towing service	104747
is or is to be provided. As used in this division, "motor vehicle	104748
towing service" means the towing or conveyance of a wrecked,	104749
disabled, or illegally parked motor vehicle.	104750

(t) On and after August 1, 2003, snow removal service is or	104751
is to be provided. As used in this division, "snow removal	104752
service" means the removal of snow by any mechanized means, but	104753
does not include the providing of such service by a person that	104754
has less than five thousand dollars in sales of such service	104755
during the calendar year.	104756

(u) Electronic publishing service is or is to be provided to	104757
a consumer for use in business, except that such transactions	104758
occurring between members of an affiliated group, as defined in	104759
division (B)(3)(e) of this section, are not sales.	104760

(4) All transactions by which printed, imprinted,	104761
overprinted, lithographic, multilithic, blueprinted, photostatic,	104762
or other productions or reproductions of written or graphic matter	104763
are or are to be furnished or transferred;	104764

(5) The production or fabrication of tangible personal	104765
property for a consideration for consumers who furnish either	104766
directly or indirectly the materials used in the production of	104767
fabrication work; and include the furnishing, preparing, or	104768
serving for a consideration of any tangible personal property	104769
consumed on the premises of the person furnishing, preparing, or	104770
serving such tangible personal property. Except as provided in	104771
section 5739.03 of the Revised Code, a construction contract	104772
pursuant to which tangible personal property is or is to be	104773
incorporated into a structure or improvement on and becoming a	104774
part of real property is not a sale of such tangible personal	104775
property. The construction contractor is the consumer of such	104776
tangible personal property, provided that the sale and	104777
installation of carpeting, the sale and installation of	104778
agricultural land tile, the sale and erection or installation of	104779
portable grain bins, or the provision of landscaping and lawn care	104780
service and the transfer of property as part of such service is	104781
never a construction contract.	104782

As used in division (B)(5) of this section:

104783

(a) "Agricultural land tile" means fired clay or concrete	104784
tile, or flexible or rigid perforated plastic pipe or tubing,	104785
incorporated or to be incorporated into a subsurface drainage	104786
system appurtenant to land used or to be used primarily in	104787
production by farming, agriculture, horticulture, or floriculture.	104788
The term does not include such materials when they are or are to	104789
be incorporated into a drainage system appurtenant to a building	104790
or structure even if the building or structure is used or to be	104791
used in such production.	104792

(b) "Portable grain bin" means a structure that is used or to	104793
be used by a person engaged in farming or agriculture to shelter	104794
the person's grain and that is designed to be disassembled without	104795
significant damage to its component parts.	104796

(6) All transactions in which all of the shares of stock of a	104797
closely held corporation are transferred, or an ownership interest	104798
in a pass-through entity, as defined in section 5733.04 of the	104799
Revised Code, is transferred, if the corporation or pass-through	104800
entity is not engaging in business and its entire assets consist	104801
of boats, planes, motor vehicles, or other tangible personal	104802
property operated primarily for the use and enjoyment of the	104803
shareholders or owners;	104804

(7) All transactions in which a warranty, maintenance or	104805
service contract, or similar agreement by which the vendor of the	104806
warranty, contract, or agreement agrees to repair or maintain the	104807
tangible personal property of the consumer is or is to be	104808
provided;	104809

(8) The transfer of copyrighted motion picture films used	104810
solely for advertising purposes, except that the transfer of such	104811
films for exhibition purposes is not a sale;	104812

(9) On and after August 1, 2003, all transactions by which	104813
tangible personal property is or is to be stored, except such	104814
property that the consumer of the storage holds for sale in the	104815
regular course of business;	104816

(10) All transactions in which "guaranteed auto protection"	104817
is provided whereby a person promises to pay to the consumer the	104818
difference between the amount the consumer receives from motor	104819
vehicle insurance and the amount the consumer owes to a person	104820
holding title to or a lien on the consumer's motor vehicle in the	104821
event the consumer's motor vehicle suffers a total loss under the	104822
terms of the motor vehicle insurance policy or is stolen and not	104823
recovered, if the protection and its price are included in the	104824
purchase or lease agreement;	104825

(11)(a) Except as provided in division (B)(11)(b) of this	104826
section, on and after October 1, 2009, all transactions by which	104827
health care services are paid for, reimbursed, provided,	104828
delivered, arranged for, or otherwise made available by a medicaid	104829
health insuring corporation pursuant to the corporation's contract	104830
with the state.	104831

(b) If the centers for medicare and medicaid services of the	104832
United States department of health and human services determines	104833
that the taxation of transactions described in division (B)(11)(a)	104834
of this section constitutes an impermissible health care-related	104835
tax under ~~section 1903(w) of~~ the "Social Security Act," ~~49 Stat.~~	104836
~~620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ and	104837
regulations adopted thereunder, the medicaid director ~~of job and~~	104838
~~family services~~ shall notify the tax commissioner of that	104839
determination. Beginning with the first day of the month following	104840
that notification, the transactions described in division	104841
(B)(11)(a) of this section are not sales for the purposes of this	104842
chapter or Chapter 5741. of the Revised Code. The tax commissioner	104843
shall order that the collection of taxes under sections 5739.02,	104844
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	104845
5741.023 of the Revised Code shall cease for transactions	104846
occurring on or after that date.	104847

Except as provided in this section, "sale" and "selling" do	104848
not include transfers of interest in leased property where the	104849
original lessee and the terms of the original lease agreement	104850
remain unchanged, or professional, insurance, or personal service	104851
transactions that involve the transfer of tangible personal	104852
property as an inconsequential element, for which no separate	104853
charges are made.	104854

(C) "Vendor" means the person providing the service or by	104855
whom the transfer effected or license given by a sale is or is to	104856
be made or given and, for sales described in division (B)(3)(i) of	104857
this section, the telecommunications service vendor that provides	104858
the nine hundred telephone service; if two or more persons are	104859
engaged in business at the same place of business under a single	104860
trade name in which all collections on account of sales by each	104861
are made, such persons shall constitute a single vendor.	104862

Physicians, dentists, hospitals, and veterinarians who are	104863
engaged in selling tangible personal property as received from	104864
others, such as eyeglasses, mouthwashes, dentifrices, or similar	104865
articles, are vendors. Veterinarians who are engaged in	104866
transferring to others for a consideration drugs, the dispensing	104867
of which does not require an order of a licensed veterinarian or	104868
physician under federal law, are vendors.	104869

(D)(1) "Consumer" means the person for whom the service is	104870
provided, to whom the transfer effected or license given by a sale	104871
is or is to be made or given, to whom the service described in	104872
division (B)(3)(f) or (i) of this section is charged, or to whom	104873
the admission is granted.	104874

(2) Physicians, dentists, hospitals, and blood banks operated	104875
by nonprofit institutions and persons licensed to practice	104876
veterinary medicine, surgery, and dentistry are consumers of all	104877
tangible personal property and services purchased by them in	104878
connection with the practice of medicine, dentistry, the rendition	104879
of hospital or blood bank service, or the practice of veterinary	104880
medicine, surgery, and dentistry. In addition to being consumers	104881
of drugs administered by them or by their assistants according to	104882
their direction, veterinarians also are consumers of drugs that	104883
under federal law may be dispensed only by or upon the order of a	104884
licensed veterinarian or physician, when transferred by them to	104885
others for a consideration to provide treatment to animals as	104886
directed by the veterinarian.	104887

(3) A person who performs a facility management, or similar	104888
service contract for a contractee is a consumer of all tangible	104889
personal property and services purchased for use in connection	104890
with the performance of such contract, regardless of whether title	104891
to any such property vests in the contractee. The purchase of such	104892
property and services is not subject to the exception for resale	104893
under division (E)(1) of this section.	104894

(4)(a) In the case of a person who purchases printed matter	104895
for the purpose of distributing it or having it distributed to the	104896
public or to a designated segment of the public, free of charge,	104897
that person is the consumer of that printed matter, and the	104898
purchase of that printed matter for that purpose is a sale.	104899

(b) In the case of a person who produces, rather than	104900
purchases, printed matter for the purpose of distributing it or	104901
having it distributed to the public or to a designated segment of	104902
the public, free of charge, that person is the consumer of all	104903
tangible personal property and services purchased for use or	104904
consumption in the production of that printed matter. That person	104905
is not entitled to claim exemption under division (B)(42)(f) of	104906
section 5739.02 of the Revised Code for any material incorporated	104907
into the printed matter or any equipment, supplies, or services	104908
primarily used to produce the printed matter.	104909

(c) The distribution of printed matter to the public or to a	104910
designated segment of the public, free of charge, is not a sale to	104911
the members of the public to whom the printed matter is	104912
distributed or to any persons who purchase space in the printed	104913
matter for advertising or other purposes.	104914

(5) A person who makes sales of any of the services listed in	104915
division (B)(3) of this section is the consumer of any tangible	104916
personal property used in performing the service. The purchase of	104917
that property is not subject to the resale exception under	104918
division (E)(1) of this section.	104919

(6) A person who engages in highway transportation for hire	104920
is the consumer of all packaging materials purchased by that	104921
person and used in performing the service, except for packaging	104922
materials sold by such person in a transaction separate from the	104923
service.	104924

(7) In the case of a transaction for health care services	104925
under division (B)(11) of this section, a medicaid health insuring	104926
corporation is the consumer of such services. The purchase of such	104927
services by a medicaid health insuring corporation is not subject	104928
to the exception for resale under division (E)(1) of this section	104929
or to the exemptions provided under divisions (B)(12), (18), (19),	104930
and (22) of section 5739.02 of the Revised Code.	104931

(E) "Retail sale" and "sales at retail" include all sales,	104932
except those in which the purpose of the consumer is to resell the	104933
thing transferred or benefit of the service provided, by a person	104934
engaging in business, in the form in which the same is, or is to	104935
be, received by the person.	104936

(F) "Business" includes any activity engaged in by any person	104937
with the object of gain, benefit, or advantage, either direct or	104938
indirect. "Business" does not include the activity of a person in	104939
managing and investing the person's own funds.	104940

(G) "Engaging in business" means commencing, conducting, or	104941
continuing in business, and liquidating a business when the	104942
liquidator thereof holds itself out to the public as conducting	104943
such business. Making a casual sale is not engaging in business.	104944

(H)(1)(a) "Price," except as provided in divisions (H)(2),	104945
(3), and (4) of this section, means the total amount of	104946
consideration, including cash, credit, property, and services, for	104947
which tangible personal property or services are sold, leased, or	104948
rented, valued in money, whether received in money or otherwise,	104949
without any deduction for any of the following:	104950

(i) The vendor's cost of the property sold;

104951

(ii) The cost of materials used, labor or service costs,	104952
interest, losses, all costs of transportation to the vendor, all	104953
taxes imposed on the vendor, including the tax imposed under	104954
Chapter 5751. of the Revised Code, and any other expense of the	104955
vendor;	104956

(iii) Charges by the vendor for any services necessary to	104957
complete the sale;	104958

(iv) On and after August 1, 2003, delivery charges. As used	104959
in this division, "delivery charges" means charges by the vendor	104960
for preparation and delivery to a location designated by the	104961
consumer of tangible personal property or a service, including	104962
transportation, shipping, postage, handling, crating, and packing.	104963

(v) Installation charges;

104964

(vi) Credit for any trade-in.

104965

(b) "Price" includes consideration received by the vendor	104966
from a third party, if the vendor actually receives the	104967
consideration from a party other than the consumer, and the	104968
consideration is directly related to a price reduction or discount	104969
on the sale; the vendor has an obligation to pass the price	104970
reduction or discount through to the consumer; the amount of the	104971
consideration attributable to the sale is fixed and determinable	104972
by the vendor at the time of the sale of the item to the consumer;	104973
and one of the following criteria is met:	104974

(i) The consumer presents a coupon, certificate, or other	104975
document to the vendor to claim a price reduction or discount	104976
where the coupon, certificate, or document is authorized,	104977
distributed, or granted by a third party with the understanding	104978
that the third party will reimburse any vendor to whom the coupon,	104979
certificate, or document is presented;	104980

(ii) The consumer identifies the consumer's self to the	104981
seller as a member of a group or organization entitled to a price	104982
reduction or discount. A preferred customer card that is available	104983
to any patron does not constitute membership in such a group or	104984
organization.	104985

(iii) The price reduction or discount is identified as a	104986
third party price reduction or discount on the invoice received by	104987
the consumer, or on a coupon, certificate, or other document	104988
presented by the consumer.	104989

104990

(i) Discounts, including cash, term, or coupons that are not	104991
reimbursed by a third party that are allowed by a vendor and taken	104992
by a consumer on a sale;	104993

(ii) Interest, financing, and carrying charges from credit	104994
extended on the sale of tangible personal property or services, if	104995
the amount is separately stated on the invoice, bill of sale, or	104996
similar document given to the purchaser;	104997

(iii) Any taxes legally imposed directly on the consumer that	104998
are separately stated on the invoice, bill of sale, or similar	104999
document given to the consumer. For the purpose of this division,	105000
the tax imposed under Chapter 5751. of the Revised Code is not a	105001
tax directly on the consumer, even if the tax or a portion thereof	105002
is separately stated.	105003

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	105004
section, any discount allowed by an automobile manufacturer to its	105005
employee, or to the employee of a supplier, on the purchase of a	105006
new motor vehicle from a new motor vehicle dealer in this state.	105007

(v) The dollar value of a gift card that is not sold by a	105008
vendor or purchased by a consumer and that is redeemed by the	105009
consumer in purchasing tangible personal property or services if	105010
the vendor is not reimbursed and does not receive compensation	105011
from a third party to cover all or part of the gift card value.	105012
For the purposes of this division, a gift card is not sold by a	105013
vendor or purchased by a consumer if it is distributed pursuant to	105014
an awards, loyalty, or promotional program. Past and present	105015
purchases of tangible personal property or services by the	105016
consumer shall not be treated as consideration exchanged for a	105017
gift card.	105018

(2) In the case of a sale of any new motor vehicle by a new	105019
motor vehicle dealer, as defined in section 4517.01 of the Revised	105020
Code, in which another motor vehicle is accepted by the dealer as	105021
part of the consideration received, "price" has the same meaning	105022
as in division (H)(1) of this section, reduced by the credit	105023
afforded the consumer by the dealer for the motor vehicle received	105024
in trade.	105025

(3) In the case of a sale of any watercraft or outboard motor	105026
by a watercraft dealer licensed in accordance with section	105027
1547.543 of the Revised Code, in which another watercraft,	105028
watercraft and trailer, or outboard motor is accepted by the	105029
dealer as part of the consideration received, "price" has the same	105030
meaning as in division (H)(1) of this section, reduced by the	105031
credit afforded the consumer by the dealer for the watercraft,	105032
watercraft and trailer, or outboard motor received in trade. As	105033
used in this division, "watercraft" includes an outdrive unit	105034
attached to the watercraft.	105035

(4) In the case of transactions for health care services	105036
under division (B)(11) of this section, "price" means the amount	105037
of managed care premiums received each month by a medicaid health	105038
insuring corporation.	105039

(I) "Receipts" means the total amount of the prices of the	105040
sales of vendors, provided that the dollar value of gift cards	105041
distributed pursuant to an awards, loyalty, or promotional	105042
program, and cash discounts allowed and taken on sales at the time	105043
they are consummated are not included, minus any amount deducted	105044
as a bad debt pursuant to section 5739.121 of the Revised Code.	105045
"Receipts" does not include the sale price of property returned or	105046
services rejected by consumers when the full sale price and tax	105047
are refunded either in cash or by credit.	105048

(J) "Place of business" means any location at which a person	105049
engages in business.	105050

(K) "Premises" includes any real property or portion thereof	105051
upon which any person engages in selling tangible personal	105052
property at retail or making retail sales and also includes any	105053
real property or portion thereof designated for, or devoted to,	105054
use in conjunction with the business engaged in by such person.	105055

(L) "Casual sale" means a sale of an item of tangible	105056
personal property that was obtained by the person making the sale,	105057
through purchase or otherwise, for the person's own use and was	105058
previously subject to any state's taxing jurisdiction on its sale	105059
or use, and includes such items acquired for the seller's use that	105060
are sold by an auctioneer employed directly by the person for such	105061
purpose, provided the location of such sales is not the	105062
auctioneer's permanent place of business. As used in this	105063
division, "permanent place of business" includes any location	105064
where such auctioneer has conducted more than two auctions during	105065
the year.	105066

(M) "Hotel" means every establishment kept, used, maintained,	105067
advertised, or held out to the public to be a place where sleeping	105068
accommodations are offered to guests, in which five or more rooms	105069
are used for the accommodation of such guests, whether the rooms	105070
are in one or several structures, except as otherwise provided in	105071
division (G) of section 5739.09 of the Revised Code.	105072

(N) "Transient guests" means persons occupying a room or	105073
rooms for sleeping accommodations for less than thirty consecutive	105074
days.	105075

(O) "Making retail sales" means the effecting of transactions	105076
wherein one party is obligated to pay the price and the other	105077
party is obligated to provide a service or to transfer title to or	105078
possession of the item sold. "Making retail sales" does not	105079
include the preliminary acts of promoting or soliciting the retail	105080
sales, other than the distribution of printed matter which	105081
displays or describes and prices the item offered for sale, nor	105082
does it include delivery of a predetermined quantity of tangible	105083
personal property or transportation of property or personnel to or	105084
from a place where a service is performed.	105085

(P) "Used directly in the rendition of a public utility	105086
service" means that property that is to be incorporated into and	105087
will become a part of the consumer's production, transmission,	105088
transportation, or distribution system and that retains its	105089
classification as tangible personal property after such	105090
incorporation; fuel or power used in the production, transmission,	105091
transportation, or distribution system; and tangible personal	105092
property used in the repair and maintenance of the production,	105093
transmission, transportation, or distribution system, including	105094
only such motor vehicles as are specially designed and equipped	105095
for such use. Tangible personal property and services used	105096
primarily in providing highway transportation for hire are not	105097
used directly in the rendition of a public utility service. In	105098
this definition, "public utility" includes a citizen of the United	105099
States holding, and required to hold, a certificate of public	105100
convenience and necessity issued under 49 U.S.C. 41102.	105101

(Q) "Refining" means removing or separating a desirable	105102
product from raw or contaminated materials by distillation or	105103
physical, mechanical, or chemical processes.	105104

(R) "Assembly" and "assembling" mean attaching or fitting	105105
together parts to form a product, but do not include packaging a	105106
product.	105107

(S) "Manufacturing operation" means a process in which	105108
materials are changed, converted, or transformed into a different	105109
state or form from which they previously existed and includes	105110
refining materials, assembling parts, and preparing raw materials	105111
and parts by mixing, measuring, blending, or otherwise committing	105112
such materials or parts to the manufacturing process.	105113
"Manufacturing operation" does not include packaging.	105114

(T) "Fiscal officer" means, with respect to a regional	105115
transit authority, the secretary-treasurer thereof, and with	105116
respect to a county that is a transit authority, the fiscal	105117
officer of the county transit board if one is appointed pursuant	105118
to section 306.03 of the Revised Code or the county auditor if the	105119
board of county commissioners operates the county transit system.	105120

(U) "Transit authority" means a regional transit authority	105121
created pursuant to section 306.31 of the Revised Code or a county	105122
in which a county transit system is created pursuant to section	105123
306.01 of the Revised Code. For the purposes of this chapter, a	105124
transit authority must extend to at least the entire area of a	105125
single county. A transit authority that includes territory in more	105126
than one county must include all the area of the most populous	105127
county that is a part of such transit authority. County population	105128
shall be measured by the most recent census taken by the United	105129
States census bureau.	105130

(V) "Legislative authority" means, with respect to a regional	105131
transit authority, the board of trustees thereof, and with respect	105132
to a county that is a transit authority, the board of county	105133
commissioners.	105134

(W) "Territory of the transit authority" means all of the	105135
area included within the territorial boundaries of a transit	105136
authority as they from time to time exist. Such territorial	105137
boundaries must at all times include all the area of a single	105138
county or all the area of the most populous county that is a part	105139
of such transit authority. County population shall be measured by	105140
the most recent census taken by the United States census bureau.	105141

(X) "Providing a service" means providing or furnishing	105142
anything described in division (B)(3) of this section for	105143
consideration.	105144

(Y)(1)(a) "Automatic data processing" means processing of	105145
others' data, including keypunching or similar data entry services	105146
together with verification thereof, or providing access to	105147
computer equipment for the purpose of processing data.	105148

(b) "Computer services" means providing services consisting	105149
of specifying computer hardware configurations and evaluating	105150
technical processing characteristics, computer programming, and	105151
training of computer programmers and operators, provided in	105152
conjunction with and to support the sale, lease, or operation of	105153
taxable computer equipment or systems.	105154

(c) "Electronic information services" means providing access	105155
to computer equipment by means of telecommunications equipment for	105156
the purpose of either of the following:	105157

(i) Examining or acquiring data stored in or accessible to	105158
the computer equipment;	105159

(ii) Placing data into the computer equipment to be retrieved	105160
by designated recipients with access to the computer equipment.	105161

For transactions occurring on or after the effective date of	105162
the amendment of this section by H.B. 157 of the 127th general	105163
assembly, December 21, 2007, "electronic information services"	105164
does not include electronic publishing as defined in division	105165
(LLL) of this section.	105166

(d) "Automatic data processing, computer services, or	105167
electronic information services" shall not include personal or	105168
professional services.	105169

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	105170
section, "personal and professional services" means all services	105171
other than automatic data processing, computer services, or	105172
electronic information services, including but not limited to:	105173

(a) Accounting and legal services such as advice on tax	105174
matters, asset management, budgetary matters, quality control,	105175
information security, and auditing and any other situation where	105176
the service provider receives data or information and studies,	105177
alters, analyzes, interprets, or adjusts such material;	105178

(b) Analyzing business policies and procedures;

105179

105180

(d) Feasibility studies, including economic and technical	105181
analysis of existing or potential computer hardware or software	105182
needs and alternatives;	105183

(e) Designing policies, procedures, and custom software for	105184
collecting business information, and determining how data should	105185
be summarized, sequenced, formatted, processed, controlled, and	105186
reported so that it will be meaningful to management;	105187

(f) Developing policies and procedures that document how	105188
business events and transactions are to be authorized, executed,	105189
and controlled;	105190

(g) Testing of business procedures;

105191

(h) Training personnel in business procedure applications;

105192

(i) Providing credit information to users of such information	105193
by a consumer reporting agency, as defined in the "Fair Credit	105194
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	105195
as hereafter amended, including but not limited to gathering,	105196
organizing, analyzing, recording, and furnishing such information	105197
by any oral, written, graphic, or electronic medium;	105198

(j) Providing debt collection services by any oral, written,	105199
graphic, or electronic means.	105200

The services listed in divisions (Y)(2)(a) to (j) of this	105201
section are not automatic data processing or computer services.	105202

(Z) "Highway transportation for hire" means the	105203
transportation of personal property belonging to others for	105204
consideration by any of the following:	105205

(1) The holder of a permit or certificate issued by this	105206
state or the United States authorizing the holder to engage in	105207
transportation of personal property belonging to others for	105208
consideration over or on highways, roadways, streets, or any	105209
similar public thoroughfare;	105210

(2) A person who engages in the transportation of personal	105211
property belonging to others for consideration over or on	105212
highways, roadways, streets, or any similar public thoroughfare	105213
but who could not have engaged in such transportation on December	105214
11, 1985, unless the person was the holder of a permit or	105215
certificate of the types described in division (Z)(1) of this	105216
section;	105217

(3) A person who leases a motor vehicle to and operates it	105218
for a person described by division (Z)(1) or (2) of this section.	105219

(AA)(1) "Telecommunications service" means the electronic	105220
transmission, conveyance, or routing of voice, data, audio, video,	105221
or any other information or signals to a point, or between or	105222
among points. "Telecommunications service" includes such	105223
transmission, conveyance, or routing in which computer processing	105224
applications are used to act on the form, code, or protocol of the	105225
content for purposes of transmission, conveyance, or routing	105226
without regard to whether the service is referred to as voice-over	105227
internet protocol service or is classified by the federal	105228
communications commission as enhanced or value-added.	105229
"Telecommunications service" does not include any of the	105230
following:	105231

(a) Data processing and information services that allow data	105232
to be generated, acquired, stored, processed, or retrieved and	105233
delivered by an electronic transmission to a consumer where the	105234
consumer's primary purpose for the underlying transaction is the	105235
processed data or information;	105236

(b) Installation or maintenance of wiring or equipment on a	105237
customer's premises;	105238

105239

(d) Advertising, including directory advertising;

105240

(e) Billing and collection services provided to third	105241
parties;	105242

(f) Internet access service;

105243

(g) Radio and television audio and video programming	105244
services, regardless of the medium, including the furnishing of	105245
transmission, conveyance, and routing of such services by the	105246
programming service provider. Radio and television audio and video	105247
programming services include, but are not limited to, cable	105248
service, as defined in 47 U.S.C. 522(6), and audio and video	105249
programming services delivered by commercial mobile radio service	105250
providers, as defined in 47 C.F.R. 20.3;	105251

(h) Ancillary service;

105252

(i) Digital products delivered electronically, including	105253
software, music, video, reading materials, or ring tones.	105254

(2) "Ancillary service" means a service that is associated	105255
with or incidental to the provision of telecommunications service,	105256
including conference bridging service, detailed telecommunications	105257
billing service, directory assistance, vertical service, and voice	105258
mail service. As used in this division:	105259

(a) "Conference bridging service" means an ancillary service	105260
that links two or more participants of an audio or video	105261
conference call, including providing a telephone number.	105262
"Conference bridging service" does not include telecommunications	105263
services used to reach the conference bridge.	105264

(b) "Detailed telecommunications billing service" means an	105265
ancillary service of separately stating information pertaining to	105266
individual calls on a customer's billing statement.	105267

(c) "Directory assistance" means an ancillary service of	105268
providing telephone number or address information.	105269

(d) "Vertical service" means an ancillary service that is	105270
offered in connection with one or more telecommunications	105271
services, which offers advanced calling features that allow	105272
customers to identify callers and manage multiple calls and call	105273
connections, including conference bridging service.	105274

(e) "Voice mail service" means an ancillary service that	105275
enables the customer to store, send, or receive recorded messages.	105276
"Voice mail service" does not include any vertical services that	105277
the customer may be required to have in order to utilize the voice	105278
mail service.	105279

(3) "900 service" means an inbound toll telecommunications	105280
service purchased by a subscriber that allows the subscriber's	105281
customers to call in to the subscriber's prerecorded announcement	105282
or live service, and which is typically marketed under the name	105283
"900" service" and any subsequent numbers designated by the	105284
federal communications commission. "900 service" does not include	105285
the charge for collection services provided by the seller of the	105286
telecommunications service to the subscriber, or services or	105287
products sold by the subscriber to the subscriber's customer.	105288

(4) "Prepaid calling service" means the right to access	105289
exclusively telecommunications services, which must be paid for in	105290
advance and which enables the origination of calls using an access	105291
number or authorization code, whether manually or electronically	105292
dialed, and that is sold in predetermined units or dollars of	105293
which the number declines with use in a known amount.	105294

(5) "Prepaid wireless calling service" means a	105295
telecommunications service that provides the right to utilize	105296
mobile telecommunications service as well as other	105297
non-telecommunications services, including the download of digital	105298
products delivered electronically, and content and ancillary	105299
services, that must be paid for in advance and that is sold in	105300
predetermined units or dollars of which the number declines with	105301
use in a known amount.	105302

(6) "Value-added non-voice data service" means a	105303
telecommunications service in which computer processing	105304
applications are used to act on the form, content, code, or	105305
protocol of the information or data primarily for a purpose other	105306
than transmission, conveyance, or routing.	105307

(7) "Coin-operated telephone service" means a	105308
telecommunications service paid for by inserting money into a	105309
telephone accepting direct deposits of money to operate.	105310

(8) "Customer" has the same meaning as in section 5739.034 of	105311
the Revised Code.	105312

(BB) "Laundry and dry cleaning services" means removing soil	105313
or dirt from towels, linens, articles of clothing, or other fabric	105314
items that belong to others and supplying towels, linens, articles	105315
of clothing, or other fabric items. "Laundry and dry cleaning	105316
services" does not include the provision of self-service	105317
facilities for use by consumers to remove soil or dirt from	105318
towels, linens, articles of clothing, or other fabric items.	105319

(CC) "Magazines distributed as controlled circulation	105320
publications" means magazines containing at least twenty-four	105321
pages, at least twenty-five per cent editorial content, issued at	105322
regular intervals four or more times a year, and circulated	105323
without charge to the recipient, provided that such magazines are	105324
not owned or controlled by individuals or business concerns which	105325
conduct such publications as an auxiliary to, and essentially for	105326
the advancement of the main business or calling of, those who own	105327
or control them.	105328

(DD) "Landscaping and lawn care service" means the services	105329
of planting, seeding, sodding, removing, cutting, trimming,	105330
pruning, mulching, aerating, applying chemicals, watering,	105331
fertilizing, and providing similar services to establish, promote,	105332
or control the growth of trees, shrubs, flowers, grass, ground	105333
cover, and other flora, or otherwise maintaining a lawn or	105334
landscape grown or maintained by the owner for ornamentation or	105335
other nonagricultural purpose. However, "landscaping and lawn care	105336
service" does not include the providing of such services by a	105337
person who has less than five thousand dollars in sales of such	105338
services during the calendar year.	105339

(EE) "Private investigation and security service" means the	105340
performance of any activity for which the provider of such service	105341
is required to be licensed pursuant to Chapter 4749. of the	105342
Revised Code, or would be required to be so licensed in performing	105343
such services in this state, and also includes the services of	105344
conducting polygraph examinations and of monitoring or overseeing	105345
the activities on or in, or the condition of, the consumer's home,	105346
business, or other facility by means of electronic or similar	105347
monitoring devices. "Private investigation and security service"	105348
does not include special duty services provided by off-duty police	105349
officers, deputy sheriffs, and other peace officers regularly	105350
employed by the state or a political subdivision.	105351

(FF) "Information services" means providing conversation,	105352
giving consultation or advice, playing or making a voice or other	105353
recording, making or keeping a record of the number of callers,	105354
and any other service provided to a consumer by means of a nine	105355
hundred telephone call, except when the nine hundred telephone	105356
call is the means by which the consumer makes a contribution to a	105357
recognized charity.	105358

(GG) "Research and development" means designing, creating, or	105359
formulating new or enhanced products, equipment, or manufacturing	105360
processes, and also means conducting scientific or technological	105361
inquiry and experimentation in the physical sciences with the goal	105362
of increasing scientific knowledge which may reveal the bases for	105363
new or enhanced products, equipment, or manufacturing processes.	105364

(HH) "Qualified research and development equipment" means	105365
capitalized tangible personal property, and leased personal	105366
property that would be capitalized if purchased, used by a person	105367
primarily to perform research and development. Tangible personal	105368
property primarily used in testing, as defined in division (A)(4)	105369
of section 5739.011 of the Revised Code, or used for recording or	105370
storing test results, is not qualified research and development	105371
equipment unless such property is primarily used by the consumer	105372
in testing the product, equipment, or manufacturing process being	105373
created, designed, or formulated by the consumer in the research	105374
and development activity or in recording or storing such test	105375
results.	105376

(II) "Building maintenance and janitorial service" means	105377
cleaning the interior or exterior of a building and any tangible	105378
personal property located therein or thereon, including any	105379
services incidental to such cleaning for which no separate charge	105380
is made. However, "building maintenance and janitorial service"	105381
does not include the providing of such service by a person who has	105382
less than five thousand dollars in sales of such service during	105383
the calendar year.	105384

(JJ) "Employment service" means providing or supplying	105385
personnel, on a temporary or long-term basis, to perform work or	105386
labor under the supervision or control of another, when the	105387
personnel so provided or supplied receive their wages, salary, or	105388
other compensation from the provider or supplier of the employment	105389
service or from a third party that provided or supplied the	105390
personnel to the provider or supplier. "Employment service" does	105391
not include:	105392

(1) Acting as a contractor or subcontractor, where the	105393
personnel performing the work are not under the direct control of	105394
the purchaser.	105395

(2) Medical and health care services.

105396

(3) Supplying personnel to a purchaser pursuant to a contract	105397
of at least one year between the service provider and the	105398
purchaser that specifies that each employee covered under the	105399
contract is assigned to the purchaser on a permanent basis.	105400

(4) Transactions between members of an affiliated group, as	105401
defined in division (B)(3)(e) of this section.	105402

(5) Transactions where the personnel so provided or supplied	105403
by a provider or supplier to a purchaser of an employment service	105404
are then provided or supplied by that purchaser to a third party	105405
as an employment service, except "employment service" does include	105406
the transaction between that purchaser and the third party.	105407

(KK) "Employment placement service" means locating or finding	105408
employment for a person or finding or locating an employee to fill	105409
an available position.	105410

(LL) "Exterminating service" means eradicating or attempting	105411
to eradicate vermin infestations from a building or structure, or	105412
the area surrounding a building or structure, and includes	105413
activities to inspect, detect, or prevent vermin infestation of a	105414
building or structure.	105415

(MM) "Physical fitness facility service" means all	105416
transactions by which a membership is granted, maintained, or	105417
renewed, including initiation fees, membership dues, renewal fees,	105418
monthly minimum fees, and other similar fees and dues, by a	105419
physical fitness facility such as an athletic club, health spa, or	105420
gymnasium, which entitles the member to use the facility for	105421
physical exercise.	105422

(NN) "Recreation and sports club service" means all	105423
transactions by which a membership is granted, maintained, or	105424
renewed, including initiation fees, membership dues, renewal fees,	105425
monthly minimum fees, and other similar fees and dues, by a	105426
recreation and sports club, which entitles the member to use the	105427
facilities of the organization. "Recreation and sports club" means	105428
an organization that has ownership of, or controls or leases on a	105429
continuing, long-term basis, the facilities used by its members	105430
and includes an aviation club, gun or shooting club, yacht club,	105431
card club, swimming club, tennis club, golf club, country club,	105432
riding club, amateur sports club, or similar organization.	105433

(OO) "Livestock" means farm animals commonly raised for food,	105434
food production, or other agricultural purposes, including, but	105435
not limited to, cattle, sheep, goats, swine, poultry, and captive	105436
deer. "Livestock" does not include invertebrates, amphibians,	105437
reptiles, domestic pets, animals for use in laboratories or for	105438
exhibition, or other animals not commonly raised for food or food	105439
production.	105440

(PP) "Livestock structure" means a building or structure used	105441
exclusively for the housing, raising, feeding, or sheltering of	105442
livestock, and includes feed storage or handling structures and	105443
structures for livestock waste handling.	105444

(QQ) "Horticulture" means the growing, cultivation, and	105445
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	105446
and nursery stock. As used in this division, "nursery stock" has	105447
the same meaning as in section 927.51 of the Revised Code.	105448

(RR) "Horticulture structure" means a building or structure	105449
used exclusively for the commercial growing, raising, or	105450
overwintering of horticultural products, and includes the area	105451
used for stocking, storing, and packing horticultural products	105452
when done in conjunction with the production of those products.	105453

(SS) "Newspaper" means an unbound publication bearing a title	105454
or name that is regularly published, at least as frequently as	105455
biweekly, and distributed from a fixed place of business to the	105456
public in a specific geographic area, and that contains a	105457
substantial amount of news matter of international, national, or	105458
local events of interest to the general public.	105459

(TT) "Professional racing team" means a person that employs	105460
at least twenty full-time employees for the purpose of conducting	105461
a motor vehicle racing business for profit. The person must	105462
conduct the business with the purpose of racing one or more motor	105463
racing vehicles in at least ten competitive professional racing	105464
events each year that comprise all or part of a motor racing	105465
series sanctioned by one or more motor racing sanctioning	105466
organizations. A "motor racing vehicle" means a vehicle for which	105467
the chassis, engine, and parts are designed exclusively for motor	105468
racing, and does not include a stock or production model vehicle	105469
that may be modified for use in racing. For the purposes of this	105470
division:	105471

(1) A "competitive professional racing event" is a motor	105472
vehicle racing event sanctioned by one or more motor racing	105473
sanctioning organizations, at which aggregate cash prizes in	105474
excess of eight hundred thousand dollars are awarded to the	105475
competitors.	105476

(2) "Full-time employee" means an individual who is employed	105477
for consideration for thirty-five or more hours a week, or who	105478
renders any other standard of service generally accepted by custom	105479
or specified by contract as full-time employment.	105480

(UU)(1) "Lease" or "rental" means any transfer of the	105481
possession or control of tangible personal property for a fixed or	105482
indefinite term, for consideration. "Lease" or "rental" includes	105483
future options to purchase or extend, and agreements described in	105484
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	105485
the amount of consideration may be increased or decreased by	105486
reference to the amount realized upon the sale or disposition of	105487
the property. "Lease" or "rental" does not include:	105488

(a) A transfer of possession or control of tangible personal	105489
property under a security agreement or a deferred payment plan	105490
that requires the transfer of title upon completion of the	105491
required payments;	105492

(b) A transfer of possession or control of tangible personal	105493
property under an agreement that requires the transfer of title	105494
upon completion of required payments and payment of an option	105495
price that does not exceed the greater of one hundred dollars or	105496
one per cent of the total required payments;	105497

(c) Providing tangible personal property along with an	105498
operator for a fixed or indefinite period of time, if the operator	105499
is necessary for the property to perform as designed. For purposes	105500
of this division, the operator must do more than maintain,	105501
inspect, or ~~set-up~~set up the tangible personal property.	105502

(2) "Lease" and "rental," as defined in division (UU) of this	105503
section, shall not apply to leases or rentals that exist before	105504
June 26, 2003.	105505

(3) "Lease" and "rental" have the same meaning as in division	105506
(UU)(1) of this section regardless of whether a transaction is	105507
characterized as a lease or rental under generally accepted	105508
accounting principles, the Internal Revenue Code, Title XIII of	105509
the Revised Code, or other federal, state, or local laws.	105510

(VV) "Mobile telecommunications service" has the same meaning	105511
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	105512
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	105513
on and after August 1, 2003, includes related fees and ancillary	105514
services, including universal service fees, detailed billing	105515
service, directory assistance, service initiation, voice mail	105516
service, and vertical services, such as caller ID and three-way	105517
calling.	105518

(WW) "Certified service provider" has the same meaning as in	105519
section 5740.01 of the Revised Code.	105520

(XX) "Satellite broadcasting service" means the distribution	105521
or broadcasting of programming or services by satellite directly	105522
to the subscriber's receiving equipment without the use of ground	105523
receiving or distribution equipment, except the subscriber's	105524
receiving equipment or equipment used in the uplink process to the	105525
satellite, and includes all service and rental charges, premium	105526
channels or other special services, installation and repair	105527
service charges, and any other charges having any connection with	105528
the provision of the satellite broadcasting service.	105529

(YY) "Tangible personal property" means personal property	105530
that can be seen, weighed, measured, felt, or touched, or that is	105531
in any other manner perceptible to the senses. For purposes of	105532
this chapter and Chapter 5741. of the Revised Code, "tangible	105533
personal property" includes motor vehicles, electricity, water,	105534
gas, steam, and prewritten computer software.	105535

(ZZ) "Direct mail" means printed material delivered or	105536
distributed by United States mail or other delivery service to a	105537
mass audience or to addressees on a mailing list provided by the	105538
consumer or at the direction of the consumer when the cost of the	105539
items are not billed directly to the recipients. "Direct mail"	105540
includes tangible personal property supplied directly or	105541
indirectly by the consumer to the direct mail vendor for inclusion	105542
in the package containing the printed material. "Direct mail" does	105543
not include multiple items of printed material delivered to a	105544
single address.	105545

(AAA) "Computer" means an electronic device that accepts	105546
information in digital or similar form and manipulates it for a	105547
result based on a sequence of instructions.	105548

(BBB) "Computer software" means a set of coded instructions	105549
designed to cause a computer or automatic data processing	105550
equipment to perform a task.	105551

(CCC) "Delivered electronically" means delivery of computer	105552
software from the seller to the purchaser by means other than	105553
tangible storage media.	105554

(DDD) "Prewritten computer software" means computer software,	105555
including prewritten upgrades, that is not designed and developed	105556
by the author or other creator to the specifications of a specific	105557
purchaser. The combining of two or more prewritten computer	105558
software programs or prewritten portions thereof does not cause	105559
the combination to be other than prewritten computer software.	105560
"Prewritten computer software" includes software designed and	105561
developed by the author or other creator to the specifications of	105562
a specific purchaser when it is sold to a person other than the	105563
purchaser. If a person modifies or enhances computer software of	105564
which the person is not the author or creator, the person shall be	105565
deemed to be the author or creator only of such person's	105566
modifications or enhancements. Prewritten computer software or a	105567
prewritten portion thereof that is modified or enhanced to any	105568
degree, where such modification or enhancement is designed and	105569
developed to the specifications of a specific purchaser, remains	105570
prewritten computer software; provided, however, that where there	105571
is a reasonable, separately stated charge or an invoice or other	105572
statement of the price given to the purchaser for the modification	105573
or enhancement, the modification or enhancement shall not	105574
constitute prewritten computer software.	105575

(EEE)(1) "Food" means substances, whether in liquid,	105576
concentrated, solid, frozen, dried, or dehydrated form, that are	105577
sold for ingestion or chewing by humans and are consumed for their	105578
taste or nutritional value. "Food" does not include alcoholic	105579
beverages, dietary supplements, soft drinks, or tobacco.	105580

(2) As used in division (EEE)(1) of this section:

105581

(a) "Alcoholic beverages" means beverages that are suitable	105582
for human consumption and contain one-half of one per cent or more	105583
of alcohol by volume.	105584

(b) "Dietary supplements" means any product, other than	105585
tobacco, that is intended to supplement the diet and that is	105586
intended for ingestion in tablet, capsule, powder, softgel,	105587
gelcap, or liquid form, or, if not intended for ingestion in such	105588
a form, is not represented as conventional food for use as a sole	105589
item of a meal or of the diet; that is required to be labeled as a	105590
dietary supplement, identifiable by the "supplement facts" box	105591
found on the label, as required by 21 C.F.R. 101.36; and that	105592
contains one or more of the following dietary ingredients:	105593

(i) A vitamin;

105594

(ii) A mineral;

105595

(iii) An herb or other botanical;

105596

(iv) An amino acid;

105597

(v) A dietary substance for use by humans to supplement the	105598
diet by increasing the total dietary intake;	105599

(vi) A concentrate, metabolite, constituent, extract, or	105600
combination of any ingredient described in divisions	105601
(EEE)(2)(b)(i) to (v) of this section.	105602

(c) "Soft drinks" means nonalcoholic beverages that contain	105603
natural or artificial sweeteners. "Soft drinks" does not include	105604
beverages that contain milk or milk products, soy, rice, or	105605
similar milk substitutes, or that contains greater than fifty per	105606
cent vegetable or fruit juice by volume.	105607

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	105608
tobacco, or any other item that contains tobacco.	105609

(FFF) "Drug" means a compound, substance, or preparation, and	105610
any component of a compound, substance, or preparation, other than	105611
food, dietary supplements, or alcoholic beverages that is	105612
recognized in the official United States pharmacopoeia, official	105613
homeopathic pharmacopoeia of the United States, or official	105614
national formulary, and supplements to them; is intended for use	105615
in the diagnosis, cure, mitigation, treatment, or prevention of	105616
disease; or is intended to affect the structure or any function of	105617
the body.	105618

(GGG) "Prescription" means an order, formula, or recipe	105619
issued in any form of oral, written, electronic, or other means of	105620
transmission by a duly licensed practitioner authorized by the	105621
laws of this state to issue a prescription.	105622

(HHH) "Durable medical equipment" means equipment, including	105623
repair and replacement parts for such equipment, that can	105624
withstand repeated use, is primarily and customarily used to serve	105625
a medical purpose, generally is not useful to a person in the	105626
absence of illness or injury, and is not worn in or on the body.	105627
"Durable medical equipment" does not include mobility enhancing	105628
equipment.	105629

(III) "Mobility enhancing equipment" means equipment,	105630
including repair and replacement parts for such equipment, that is	105631
primarily and customarily used to provide or increase the ability	105632
to move from one place to another and is appropriate for use	105633
either in a home or a motor vehicle, that is not generally used by	105634
persons with normal mobility, and that does not include any motor	105635
vehicle or equipment on a motor vehicle normally provided by a	105636
motor vehicle manufacturer. "Mobility enhancing equipment" does	105637
not include durable medical equipment.	105638

(JJJ) "Prosthetic device" means a replacement, corrective, or	105639
supportive device, including repair and replacement parts for the	105640
device, worn on or in the human body to artificially replace a	105641
missing portion of the body, prevent or correct physical deformity	105642
or malfunction, or support a weak or deformed portion of the body.	105643
As used in this division, "prosthetic device" does not include	105644
corrective eyeglasses, contact lenses, or dental prosthesis.	105645

(KKK)(1) "Fractional aircraft ownership program" means a	105646
program in which persons within an affiliated group sell and	105647
manage fractional ownership program aircraft, provided that at	105648
least one hundred airworthy aircraft are operated in the program	105649
and the program meets all of the following criteria:	105650

(a) Management services are provided by at least one program	105651
manager within an affiliated group on behalf of the fractional	105652
owners.	105653

(b) Each program aircraft is owned or possessed by at least	105654
one fractional owner.	105655

(c) Each fractional owner owns or possesses at least a	105656
one-sixteenth interest in at least one fixed-wing program	105657
aircraft.	105658

(d) A dry-lease aircraft interchange arrangement is in effect	105659
among all of the fractional owners.	105660

(e) Multi-year program agreements are in effect regarding the	105661
fractional ownership, management services, and dry-lease aircraft	105662
interchange arrangement aspects of the program.	105663

(2) As used in division (KKK)(1) of this section:

105664

(a) "Affiliated group" has the same meaning as in division	105665
(B)(3)(e) of this section.	105666

(b) "Fractional owner" means a person that owns or possesses	105667
at least a one-sixteenth interest in a program aircraft and has	105668
entered into the agreements described in division (KKK)(1)(e) of	105669
this section.	105670

(c) "Fractional ownership program aircraft" or "program	105671
aircraft" means a turbojet aircraft that is owned or possessed by	105672
a fractional owner and that has been included in a dry-lease	105673
aircraft interchange arrangement and agreement under divisions	105674
(KKK)(1)(d) and (e) of this section, or an aircraft a program	105675
manager owns or possesses primarily for use in a fractional	105676
aircraft ownership program.	105677

(d) "Management services" means administrative and aviation	105678
support services furnished under a fractional aircraft ownership	105679
program in accordance with a management services agreement under	105680
division (KKK)(1)(e) of this section, and offered by the program	105681
manager to the fractional owners, including, at a minimum, the	105682
establishment and implementation of safety guidelines; the	105683
coordination of the scheduling of the program aircraft and crews;	105684
program aircraft maintenance; program aircraft insurance; crew	105685
training for crews employed, furnished, or contracted by the	105686
program manager or the fractional owner; the satisfaction of	105687
record-keeping requirements; and the development and use of an	105688
operations manual and a maintenance manual for the fractional	105689
aircraft ownership program.	105690

(e) "Program manager" means the person that offers management	105691
services to fractional owners pursuant to a management services	105692
agreement under division (KKK)(1)(e) of this section.	105693

(LLL) "Electronic publishing" means providing access to one	105694
or more of the following primarily for business customers,	105695
including the federal government or a state government or a	105696
political subdivision thereof, to conduct research: news;	105697
business, financial, legal, consumer, or credit materials;	105698
editorials, columns, reader commentary, or features; photos or	105699
images; archival or research material; legal notices, identity	105700
verification, or public records; scientific, educational,	105701
instructional, technical, professional, trade, or other literary	105702
materials; or other similar information which has been gathered	105703
and made available by the provider to the consumer in an	105704
electronic format. Providing electronic publishing includes the	105705
functions necessary for the acquisition, formatting, editing,	105706
storage, and dissemination of data or information that is the	105707
subject of a sale.	105708

(MMM) "Medicaid health insuring corporation" means a health	105709
insuring corporation that holds a certificate of authority under	105710
Chapter 1751. of the Revised Code and is under contract with the	105711
department of job and family services pursuant to section 5111.17	105712
of the Revised Code.	105713

(NNN) "Managed care premium" means any premium, capitation,	105714
or other payment a medicaid health insuring corporation receives	105715
for providing or arranging for the provision of health care	105716
services to its members or enrollees residing in this state.	105717

(OOO) "Captive deer" means deer and other cervidae that have	105718
been legally acquired, or their offspring, that are privately	105719
owned for agricultural or farming purposes.	105720

(PPP) "Gift card" means a document, card, certificate, or	105721
other record, whether tangible or intangible, that may be redeemed	105722
by a consumer for a dollar value when making a purchase of	105723
tangible personal property or services.	105724

(QQQ) "Hotel intermediary" means a person, other than a	105725
hotel, that contracts with hotels to sell reservations for lodging	105726
at such hotels to transient guests.	105727

Sec. 5739.081. A legislative authority of a municipal	105728
corporation may not adopt or amend a resolution or ordinance	105729
levying a tax on transactions by which lodging by a hotel is or is	105730
to be furnished to transient guests pursuant to section 5739.08 of	105731
the Revised Code on or after October 1, 2013, unless the	105732
legislative authority levies the tax on any transaction by which a	105733
transient guest obtains or will obtain lodging in a hotel using a	105734
hotel intermediary. The legislative authority shall levy the tax	105735
on any amount the purchaser pays to the hotel intermediary for the	105736
intermediary's services plus any amount paid for the furnishing of	105737
lodging in a hotel to the transient guest.	105738

The hotel intermediary shall collect and remit all tax paid	105739
by the purchaser to the municipal corporation that levies the tax	105740
pursuant to section 5739.08 of the Revised Code. If the hotel	105741
intermediary does not collect or remit the full amount of tax, the	105742
hotel in which the transient guest will lodge shall collect and	105743
remit to the municipal corporation the uncollected or unremitted	105744
tax.	105745

Sec. 5739.09. (A)(1) A board of county commissioners may, by	105746
resolution adopted by a majority of the members of the board, levy	105747
an excise tax not to exceed three per cent on transactions by	105748
which lodging by a hotel is or is to be furnished to transient	105749
guests. The board shall establish all regulations necessary to	105750
provide for the administration and allocation of the tax. The	105751
regulations may prescribe the time for payment of the tax, and may	105752
provide for the imposition of a penalty or interest, or both, for	105753
late payments, provided that the penalty does not exceed ten per	105754
cent of the amount of tax due, and the rate at which interest	105755
accrues does not exceed the rate per annum prescribed pursuant to	105756
section 5703.47 of the Revised Code. Except as provided in	105757
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	105758
regulations shall provide, after deducting the real and actual	105759
costs of administering the tax, for the return to each municipal	105760
corporation or township that does not levy an excise tax on the	105761
transactions, a uniform percentage of the tax collected in the	105762
municipal corporation or in the unincorporated portion of the	105763
township from each transaction, not to exceed thirty-three and	105764
one-third per cent. The remainder of the revenue arising from the	105765
tax shall be deposited in a separate fund and shall be spent	105766
solely to make contributions to the convention and visitors'	105767
bureau operating within the county, including a pledge and	105768
contribution of any portion of the remainder pursuant to an	105769
agreement authorized by section 307.695 of the Revised Code,	105770
provided that if the board of county commissioners of an eligible	105771
county as defined in section 307.695 of the Revised Code adopts a	105772
resolution amending a resolution levying a tax under this division	105773
to provide that the revenue from the tax shall be used by the	105774
board as described in division (H) of section 307.695 of the	105775
Revised Code, the remainder of the revenue shall be used as	105776
described in the resolution making that amendment. Except as	105777
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	105778
this section, on and after May 10, 1994, a board of county	105779
commissioners may not levy an excise tax pursuant to this division	105780
in any municipal corporation or township located wholly or partly	105781
within the county that has in effect an ordinance or resolution	105782
levying an excise tax pursuant to division (B) of this section.	105783
The board of a county that has levied a tax under division (C) of	105784
this section may, by resolution adopted within ninety days after	105785
July 15, 1985, by a majority of the members of the board, amend	105786
the resolution levying a tax under this division to provide for a	105787
portion of that tax to be pledged and contributed in accordance	105788
with an agreement entered into under section 307.695 of the	105789
Revised Code. A tax, any revenue from which is pledged pursuant to	105790
such an agreement, shall remain in effect at the rate at which it	105791
is imposed for the duration of the period for which the revenue	105792
from the tax has been so pledged.	105793

The board of county commissioners of an eligible county as	105794
defined in section 307.695 of the Revised Code may, by resolution	105795
adopted by a majority of the members of the board, amend a	105796
resolution levying a tax under this division to provide that the	105797
revenue from the tax shall be used by the board as described in	105798
division (H) of section 307.695 of the Revised Code, in which case	105799
the tax shall remain in effect at the rate at which it was imposed	105800
for the duration of any agreement entered into by the board under	105801
section 307.695 of the Revised Code, the duration during which any	105802
securities issued by the board under that section are outstanding,	105803
or the duration of the period during which the board owns a	105804
project as defined in section 307.695 of the Revised Code,	105805
whichever duration is longest.	105806

(2) A board of county commissioners that levies an excise tax	105807
under division (A)(1) of this section on June 30, 1997, at a rate	105808
of three per cent, and that has pledged revenue from the tax to an	105809
agreement entered into under section 307.695 of the Revised Code	105810
or, in the case of the board of county commissioners of an	105811
eligible county as defined in section 307.695 of the Revised Code,	105812
has amended a resolution levying a tax under division (C) of this	105813
section to provide that proceeds from the tax shall be used by the	105814
board as described in division (H) of section 307.695 of the	105815
Revised Code, may, at any time by a resolution adopted by a	105816
majority of the members of the board, amend the resolution levying	105817
a tax under division (A)(1) of this section to provide for an	105818
increase in the rate of that tax up to seven per cent on each	105819
transaction; to provide that revenue from the increase in the rate	105820
shall be used as described in division (H) of section 307.695 of	105821
the Revised Code or be spent solely to make contributions to the	105822
convention and visitors' bureau operating within the county to be	105823
used specifically for promotion, advertising, and marketing of the	105824
region in which the county is located; and to provide that the	105825
rate in excess of the three per cent levied under division (A)(1)	105826
of this section shall remain in effect at the rate at which it is	105827
imposed for the duration of the period during which any agreement	105828
is in effect that was entered into under section 307.695 of the	105829
Revised Code by the board of county commissioners levying a tax	105830
under division (A)(1) of this section, the duration of the period	105831
during which any securities issued by the board under division (I)	105832
of section 307.695 of the Revised Code are outstanding, or the	105833
duration of the period during which the board owns a project as	105834
defined in section 307.695 of the Revised Code, whichever duration	105835
is longest. The amendment also shall provide that no portion of	105836
that revenue need be returned to townships or municipal	105837
corporations as would otherwise be required under division (A)(1)	105838
of this section.	105839

(3) A board of county commissioners that levies a tax under	105840
division (A)(1) of this section on March 18, 1999, at a rate of	105841
three per cent may, by resolution adopted not later than	105842
forty-five days after March 18, 1999, amend the resolution levying	105843
the tax to provide for all of the following:	105844

(a) That the rate of the tax shall be increased by not more	105845
than an additional four per cent on each transaction;	105846

(b) That all of the revenue from the increase in the rate	105847
shall be pledged and contributed to a convention facilities	105848
authority established by the board of county commissioners under	105849
Chapter 351. of the Revised Code on or before November 15, 1998,	105850
and used to pay costs of constructing, maintaining, operating, and	105851
promoting a facility in the county, including paying bonds, or	105852
notes issued in anticipation of bonds, as provided by that	105853
chapter;	105854

(c) That no portion of the revenue arising from the increase	105855
in rate need be returned to municipal corporations or townships as	105856
otherwise required under division (A)(1) of this section;	105857

(d) That the increase in rate shall not be subject to	105858
diminution by initiative or referendum or by law while any bonds,	105859
or notes in anticipation of bonds, issued by the authority under	105860
Chapter 351. of the Revised Code to which the revenue is pledged,	105861
remain outstanding in accordance with their terms, unless	105862
provision is made by law or by the board of county commissioners	105863
for an adequate substitute therefor that is satisfactory to the	105864
trustee if a trust agreement secures the bonds.	105865

Division (A)(3) of this section does not apply to the board	105866
of county commissioners of any county in which a convention center	105867
or facility exists or is being constructed on November 15, 1998,	105868
or of any county in which a convention facilities authority levies	105869
a tax pursuant to section 351.021 of the Revised Code on that	105870
date.	105871

As used in division (A)(3) of this section, "cost" and	105872
"facility" have the same meanings as in section 351.01 of the	105873
Revised Code, and "convention center" has the same meaning as in	105874
section 307.695 of the Revised Code.	105875

(4)(a) A board of county commissioners that levies a tax	105876
under division (A)(1) of this section on June 30, 2002, at a rate	105877
of three per cent may, by resolution adopted not later than	105878
September 30, 2002, amend the resolution levying the tax to	105879
provide for all of the following:	105880

(i) That the rate of the tax shall be increased by not more	105881
than an additional three and one-half per cent on each	105882
transaction;	105883

(ii) That all of the revenue from the increase in rate shall	105884
be pledged and contributed to a convention facilities authority	105885
established by the board of county commissioners under Chapter	105886
351. of the Revised Code on or before May 15, 2002, and be used to	105887
pay costs of constructing, expanding, maintaining, operating, or	105888
promoting a convention center in the county, including paying	105889
bonds, or notes issued in anticipation of bonds, as provided by	105890
that chapter;	105891

(iii) That no portion of the revenue arising from the	105892
increase in rate need be returned to municipal corporations or	105893
townships as otherwise required under division (A)(1) of this	105894
section;	105895

(iv) That the increase in rate shall not be subject to	105896
diminution by initiative or referendum or by law while any bonds,	105897
or notes in anticipation of bonds, issued by the authority under	105898
Chapter 351. of the Revised Code to which the revenue is pledged,	105899
remain outstanding in accordance with their terms, unless	105900
provision is made by law or by the board of county commissioners	105901
for an adequate substitute therefor that is satisfactory to the	105902
trustee if a trust agreement secures the bonds.	105903

(b) Any board of county commissioners that, pursuant to	105904
division (A)(4)(a) of this section, has amended a resolution	105905
levying the tax authorized by division (A)(1) of this section may	105906
further amend the resolution to provide that the revenue referred	105907
to in division (A)(4)(a)(ii) of this section shall be pledged and	105908
contributed both to a convention facilities authority to pay the	105909
costs of constructing, expanding, maintaining, or operating one or	105910
more convention centers in the county, including paying bonds, or	105911
notes issued in anticipation of bonds, as provided in Chapter 351.	105912
of the Revised Code, and to a convention and visitors' bureau to	105913
pay the costs of promoting one or more convention centers in the	105914
county.	105915

As used in division (A)(4) of this section, "cost" has the	105916
same meaning as in section 351.01 of the Revised Code, and	105917
"convention center" has the same meaning as in section 307.695 of	105918
the Revised Code.	105919

(5)(a) As used in division (A)(5) of this section:

105920

(i) "Port authority" means a port authority created under	105921
Chapter 4582. of the Revised Code.	105922

(ii) "Port authority military-use facility" means port	105923
authority facilities on which or adjacent to which is located an	105924
installation of the armed forces of the United States, a reserve	105925
component thereof, or the national guard and at least part of	105926
which is made available for use, for consideration, by the armed	105927
forces of the United States, a reserve component thereof, or the	105928
national guard.	105929

(b) For the purpose of contributing revenue to pay operating	105930
expenses of a port authority that operates a port authority	105931
military-use facility, the board of county commissioners of a	105932
county that created, participated in the creation of, or has	105933
joined such a port authority may do one or both of the following:	105934

(i) Amend a resolution previously adopted under division	105935
(A)(1) of this section to designate some or all of the revenue	105936
from the tax levied under the resolution to be used for that	105937
purpose, notwithstanding that division;	105938

(ii) Amend a resolution previously adopted under division	105939
(A)(1) of this section to increase the rate of the tax by not more	105940
than an additional two per cent and use the revenue from the	105941
increase exclusively for that purpose.	105942

(c) If a board of county commissioners amends a resolution to	105943
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	105944
of this section, the board also may amend the resolution to	105945
specify that the increase in rate of the tax does not apply to	105946
"hotels," as otherwise defined in section 5739.01 of the Revised	105947
Code, having fewer rooms used for the accommodation of guests than	105948
a number of rooms specified by the board.	105949

(6) A board of county commissioners of a county organized	105950
under a county charter adopted pursuant to Article X, Section 3,	105951
Ohio Constitution, and that levies an excise tax under division	105952
(A)(1) of this section at a rate of three per cent and levies an	105953
additional excise tax under division (E) of this section at a rate	105954
of one and one-half per cent may, by resolution adopted not later	105955
than January 1, 2008, by a majority of the members of the board,	105956
amend the resolution levying a tax under division (A)(1) of this	105957
section to provide for an increase in the rate of that tax by not	105958
more than an additional one per cent on transactions by which	105959
lodging by a hotel is or is to be furnished to transient guests.	105960
Notwithstanding divisions (A)(1) and (E) of this section, the	105961
resolution shall provide that all of the revenue from the increase	105962
in rate, after deducting the real and actual costs of	105963
administering the tax, shall be used to pay the costs of	105964
improving, expanding, equipping, financing, or operating a	105965
convention center by a convention and visitors' bureau in the	105966
county. The increase in rate shall remain in effect for the period	105967
specified in the resolution, not to exceed ten years. The increase	105968
in rate shall be subject to the regulations adopted under division	105969
(A)(1) of this section, except that the resolution may provide	105970
that no portion of the revenue from the increase in the rate shall	105971
be returned to townships or municipal corporations as would	105972
otherwise be required under that division.	105973

(7) Division (A)(7) of this section applies only to a county	105974
with a population greater than sixty-five thousand and less than	105975
seventy thousand according to the most recent federal decennial	105976
census and in which, on December 31, 2006, an excise tax is levied	105977
under division (A)(1) of this section at a rate not less than and	105978
not greater than three per cent, and in which the most recent	105979
increase in the rate of that tax was enacted or took effect in	105980
November 1984.	105981

The board of county commissioners of a county to which this	105982
division applies, by resolution adopted by a majority of the	105983
members of the board, may increase the rate of the tax by not more	105984
than one per cent on transactions by which lodging by a hotel is	105985
or is to be furnished to transient guests. The increase in rate	105986
shall be for the purpose of paying expenses deemed necessary by	105987
the convention and visitors' bureau operating in the county to	105988
promote travel and tourism. The increase in rate shall remain in	105989
effect for the period specified in the resolution, not to exceed	105990
twenty years, provided that the increase in rate may not continue	105991
beyond the time when the purpose for which the increase is levied	105992
ceases to exist. If revenue from the increase in rate is pledged	105993
to the payment of debt charges on securities, the increase in rate	105994
is not subject to diminution by initiative or referendum or by law	105995
for so long as the securities are outstanding, unless provision is	105996
made by law or by the board of county commissioners for an	105997
adequate substitute for that revenue that is satisfactory to the	105998
trustee if a trust agreement secures payment of the debt charges.	105999
The increase in rate shall be subject to the regulations adopted	106000
under division (A)(1) of this section, except that the resolution	106001
may provide that no portion of the revenue from the increase in	106002
the rate shall be returned to townships or municipal corporations	106003
as would otherwise be required under division (A)(1) of this	106004
section. A resolution adopted under division (A)(7) of this	106005
section is subject to referendum under sections 305.31 to 305.99	106006
of the Revised Code.	106007

(B)(1) The legislative authority of a municipal corporation	106008
or the board of trustees of a township that is not wholly or	106009
partly located in a county that has in effect a resolution levying	106010
an excise tax pursuant to division (A)(1) of this section may, by	106011
ordinance or resolution, levy an excise tax not to exceed three	106012
per cent on transactions by which lodging by a hotel is or is to	106013
be furnished to transient guests. The legislative authority of the	106014
municipal corporation or the board of trustees of the township	106015
shall deposit at least fifty per cent of the revenue from the tax	106016
levied pursuant to this division into a separate fund, which shall	106017
be spent solely to make contributions to convention and visitors'	106018
bureaus operating within the county in which the municipal	106019
corporation or township is wholly or partly located, and the	106020
balance of that revenue shall be deposited in the general fund.	106021
The municipal corporation or township shall establish all	106022
regulations necessary to provide for the administration and	106023
allocation of the tax. The regulations may prescribe the time for	106024
payment of the tax, and may provide for the imposition of a	106025
penalty or interest, or both, for late payments, provided that the	106026
penalty does not exceed ten per cent of the amount of tax due, and	106027
the rate at which interest accrues does not exceed the rate per	106028
annum prescribed pursuant to section 5703.47 of the Revised Code.	106029
The levy of a tax under this division is in addition to any tax	106030
imposed on the same transaction by a municipal corporation or a	106031
township as authorized by division (A) of section 5739.08 of the	106032
Revised Code.	106033

(2)(a) The legislative authority of the most populous	106034
municipal corporation located wholly or partly in a county in	106035
which the board of county commissioners has levied a tax under	106036
division (A)(4) of this section may amend, on or before September	106037
30, 2002, that municipal corporation's ordinance or resolution	106038
that levies an excise tax on transactions by which lodging by a	106039
hotel is or is to be furnished to transient guests, to provide for	106040
all of the following:	106041

(i) That the rate of the tax shall be increased by not more	106042
than an additional one per cent on each transaction;	106043

(ii) That all of the revenue from the increase in rate shall	106044
be pledged and contributed to a convention facilities authority	106045
established by the board of county commissioners under Chapter	106046
351. of the Revised Code on or before May 15, 2002, and be used to	106047
pay costs of constructing, expanding, maintaining, operating, or	106048
promoting a convention center in the county, including paying	106049
bonds, or notes issued in anticipation of bonds, as provided by	106050
that chapter;	106051

(iii) That the increase in rate shall not be subject to	106052
diminution by initiative or referendum or by law while any bonds,	106053
or notes in anticipation of bonds, issued by the authority under	106054
Chapter 351. of the Revised Code to which the revenue is pledged,	106055
remain outstanding in accordance with their terms, unless	106056
provision is made by law, by the board of county commissioners, or	106057
by the legislative authority, for an adequate substitute therefor	106058
that is satisfactory to the trustee if a trust agreement secures	106059
the bonds.	106060

(b) The legislative authority of a municipal corporation	106061
that, pursuant to division (B)(2)(a) of this section, has amended	106062
its ordinance or resolution to increase the rate of the tax	106063
authorized by division (B)(1) of this section may further amend	106064
the ordinance or resolution to provide that the revenue referred	106065
to in division (B)(2)(a)(ii) of this section shall be pledged and	106066
contributed both to a convention facilities authority to pay the	106067
costs of constructing, expanding, maintaining, or operating one or	106068
more convention centers in the county, including paying bonds, or	106069
notes issued in anticipation of bonds, as provided in Chapter 351.	106070
of the Revised Code, and to a convention and visitors' bureau to	106071
pay the costs of promoting one or more convention centers in the	106072
county.	106073

As used in division (B)(2) of this section, "cost" has the	106074
same meaning as in section 351.01 of the Revised Code, and	106075
"convention center" has the same meaning as in section 307.695 of	106076
the Revised Code.	106077

(C) For the purposes described in section 307.695 of the	106078
Revised Code and to cover the costs of administering the tax, a	106079
board of county commissioners of a county where a tax imposed	106080
under division (A)(1) of this section is in effect may, by	106081
resolution adopted within ninety days after July 15, 1985, by a	106082
majority of the members of the board, levy an additional excise	106083
tax not to exceed three per cent on transactions by which lodging	106084
by a hotel is or is to be furnished to transient guests. The tax	106085
authorized by this division shall be in addition to any tax that	106086
is levied pursuant to division (A) of this section, but it shall	106087
not apply to transactions subject to a tax levied by a municipal	106088
corporation or township pursuant to the authorization granted by	106089
division (A) of section 5739.08 of the Revised Code. The board	106090
shall establish all regulations necessary to provide for the	106091
administration and allocation of the tax. The regulations may	106092
prescribe the time for payment of the tax, and may provide for the	106093
imposition of a penalty or interest, or both, for late payments,	106094
provided that the penalty does not exceed ten per cent of the	106095
amount of tax due, and the rate at which interest accrues does not	106096
exceed the rate per annum prescribed pursuant to section 5703.47	106097
of the Revised Code. All revenues arising from the tax shall be	106098
expended in accordance with section 307.695 of the Revised Code.	106099
The board of county commissioners of an eligible county as defined	106100
in section 307.695 of the Revised Code may, by resolution adopted	106101
by a majority of the members of the board, amend the resolution	106102
levying a tax under this division to provide that the revenue from	106103
the tax shall be used by the board as described in division (H) of	106104
section 307.695 of the Revised Code. A tax imposed under this	106105
division shall remain in effect at the rate at which it is imposed	106106
for the duration of the period during which any agreement entered	106107
into by the board under section 307.695 of the Revised Code is in	106108
effect, the duration of the period during which any securities	106109
issued by the board under division (I) of section 307.695 of the	106110
Revised Code are outstanding, or the duration of the period during	106111
which the board owns a project as defined in section 307.695 of	106112
the Revised Code, whichever duration is longest.	106113

(D) For the purpose of providing contributions under division	106114
(B)(1) of section 307.671 of the Revised Code to enable the	106115
acquisition, construction, and equipping of a port authority	106116
educational and cultural facility in the county and, to the extent	106117
provided for in the cooperative agreement authorized by that	106118
section, for the purpose of paying debt service charges on bonds,	106119
or notes in anticipation of bonds, described in division (B)(1)(b)	106120
of that section, a board of county commissioners, by resolution	106121
adopted within ninety days after December 22, 1992, by a majority	106122
of the members of the board, may levy an additional excise tax not	106123
to exceed one and one-half per cent on transactions by which	106124
lodging by a hotel is or is to be furnished to transient guests.	106125
The excise tax authorized by this division shall be in addition to	106126
any tax that is levied pursuant to divisions (A), (B), and (C) of	106127
this section, to any excise tax levied pursuant to section 5739.08	106128
of the Revised Code, and to any excise tax levied pursuant to	106129
section 351.021 of the Revised Code. The board of county	106130
commissioners shall establish all regulations necessary to provide	106131
for the administration and allocation of the tax that are not	106132
inconsistent with this section or section 307.671 of the Revised	106133
Code. The regulations may prescribe the time for payment of the	106134
tax, and may provide for the imposition of a penalty or interest,	106135
or both, for late payments, provided that the penalty does not	106136
exceed ten per cent of the amount of tax due, and the rate at	106137
which interest accrues does not exceed the rate per annum	106138
prescribed pursuant to section 5703.47 of the Revised Code. All	106139
revenues arising from the tax shall be expended in accordance with	106140
section 307.671 of the Revised Code and division (D) of this	106141
section. The levy of a tax imposed under this division may not	106142
commence prior to the first day of the month next following the	106143
execution of the cooperative agreement authorized by section	106144
307.671 of the Revised Code by all parties to that agreement. The	106145
tax shall remain in effect at the rate at which it is imposed for	106146
the period of time described in division (C) of section 307.671 of	106147
the Revised Code for which the revenue from the tax has been	106148
pledged by the county to the corporation pursuant to that section,	106149
but, to any extent provided for in the cooperative agreement, for	106150
no lesser period than the period of time required for payment of	106151
the debt service charges on bonds, or notes in anticipation of	106152
bonds, described in division (B)(1)(b) of that section.	106153

(E) For the purpose of paying the costs of acquiring,	106154
constructing, equipping, and improving a municipal educational and	106155
cultural facility, including debt service charges on bonds	106156
provided for in division (B) of section 307.672 of the Revised	106157
Code, and for any additional purposes determined by the county in	106158
the resolution levying the tax or amendments to the resolution,	106159
including subsequent amendments providing for paying costs of	106160
acquiring, constructing, renovating, rehabilitating, equipping,	106161
and improving a port authority educational and cultural performing	106162
arts facility, as defined in section 307.674 of the Revised Code,	106163
and including debt service charges on bonds provided for in	106164
division (B) of section 307.674 of the Revised Code, the	106165
legislative authority of a county, by resolution adopted within	106166
ninety days after June 30, 1993, by a majority of the members of	106167
the legislative authority, may levy an additional excise tax not	106168
to exceed one and one-half per cent on transactions by which	106169
lodging by a hotel is or is to be furnished to transient guests.	106170
The excise tax authorized by this division shall be in addition to	106171
any tax that is levied pursuant to divisions (A), (B), (C), and	106172
(D) of this section, to any excise tax levied pursuant to section	106173
5739.08 of the Revised Code, and to any excise tax levied pursuant	106174
to section 351.021 of the Revised Code. The legislative authority	106175
of the county shall establish all regulations necessary to provide	106176
for the administration and allocation of the tax. The regulations	106177
may prescribe the time for payment of the tax, and may provide for	106178
the imposition of a penalty or interest, or both, for late	106179
payments, provided that the penalty does not exceed ten per cent	106180
of the amount of tax due, and the rate at which interest accrues	106181
does not exceed the rate per annum prescribed pursuant to section	106182
5703.47 of the Revised Code. All revenues arising from the tax	106183
shall be expended in accordance with section 307.672 of the	106184
Revised Code and this division. The levy of a tax imposed under	106185
this division shall not commence prior to the first day of the	106186
month next following the execution of the cooperative agreement	106187
authorized by section 307.672 of the Revised Code by all parties	106188
to that agreement. The tax shall remain in effect at the rate at	106189
which it is imposed for the period of time determined by the	106190
legislative authority of the county. That period of time shall not	106191
exceed fifteen years, except that the legislative authority of a	106192
county with a population of less than two hundred fifty thousand	106193
according to the most recent federal decennial census, by	106194
resolution adopted by a majority of its members before the	106195
original tax expires, may extend the duration of the tax for an	106196
additional period of time. The additional period of time by which	106197
a legislative authority extends a tax levied under this division	106198
shall not exceed fifteen years.	106199

(F) The legislative authority of a county that has levied a	106200
tax under division (E) of this section may, by resolution adopted	106201
within one hundred eighty days after January 4, 2001, by a	106202
majority of the members of the legislative authority, amend the	106203
resolution levying a tax under that division to provide for the	106204
use of the proceeds of that tax, to the extent that it is no	106205
longer needed for its original purpose as determined by the	106206
parties to a cooperative agreement amendment pursuant to division	106207
(D) of section 307.672 of the Revised Code, to pay costs of	106208
acquiring, constructing, renovating, rehabilitating, equipping,	106209
and improving a port authority educational and cultural performing	106210
arts facility, including debt service charges on bonds provided	106211
for in division (B) of section 307.674 of the Revised Code, and to	106212
pay all obligations under any guaranty agreements, reimbursement	106213
agreements, or other credit enhancement agreements described in	106214
division (C) of section 307.674 of the Revised Code. The	106215
resolution may also provide for the extension of the tax at the	106216
same rate for the longer of the period of time determined by the	106217
legislative authority of the county, but not to exceed an	106218
additional twenty-five years, or the period of time required to	106219
pay all debt service charges on bonds provided for in division (B)	106220
of section 307.672 of the Revised Code and on port authority	106221
revenue bonds provided for in division (B) of section 307.674 of	106222
the Revised Code. All revenues arising from the amendment and	106223
extension of the tax shall be expended in accordance with section	106224
307.674 of the Revised Code, this division, and division (E) of	106225
this section.	106226

(G) For purposes of a tax levied by a county, township, or	106227
municipal corporation under this section or section 5739.08 of the	106228
Revised Code, a board of county commissioners, board of township	106229
trustees, or the legislative authority of a municipal corporation	106230
may adopt a resolution or ordinance at any time specifying that	106231
"hotel," as otherwise defined in section 5739.01 of the Revised	106232
Code, includes the following:	106233

(1) Establishments in which fewer than five rooms are used	106234
for the accommodation of guests.	106235

(2) Establishments at which rooms are used for the	106236
accommodation of guests regardless of whether each room is	106237
accessible through its own keyed entry or several rooms are	106238
accessible through the same keyed entry; and, in determining the	106239
number of rooms, all rooms are included regardless of the number	106240
of structures in which the rooms are situated or the number of	106241
parcels of land on which the structures are located if the	106242
structures are under the same ownership and the structures are not	106243
identified in advertisements of the accommodations as distinct	106244
establishments. For the purposes of division (G)(2) of this	106245
section, two or more structures are under the same ownership if	106246
they are owned by the same person, or if they are owned by two or	106247
more persons the majority of the ownership interests of which are	106248
owned by the same person.	106249

The resolution or ordinance may apply to a tax imposed	106250
pursuant to this section prior to the adoption of the resolution	106251
or ordinance if the resolution or ordinance so states, but the tax	106252
shall not apply to transactions by which lodging by such an	106253
establishment is provided to transient guests prior to the	106254
adoption of the resolution or ordinance.	106255

(H)(1) As used in this division:

106256

(a) "Convention facilities authority" has the same meaning as	106257
in section 351.01 of the Revised Code.	106258

(b) "Convention center" has the same meaning as in section	106259
307.695 of the Revised Code.	106260

(2) Notwithstanding any contrary provision of division (D) of	106261
this section, the legislative authority of a county with a	106262
population of one million or more according to the most recent	106263
federal decennial census that has levied a tax under division (D)	106264
of this section may, by resolution adopted by a majority of the	106265
members of the legislative authority, provide for the extension of	106266
such levy and may provide that the proceeds of that tax, to the	106267
extent that they are no longer needed for their original purpose	106268
as defined by a cooperative agreement entered into under section	106269
307.671 of the Revised Code, shall be deposited into the county	106270
general revenue fund. The resolution shall provide for the	106271
extension of the tax at a rate not to exceed the rate specified in	106272
division (D) of this section for a period of time determined by	106273
the legislative authority of the county, but not to exceed an	106274
additional forty years.	106275

(3) The legislative authority of a county with a population	106276
of one million or more that has levied a tax under division (A)(1)	106277
of this section may, by resolution adopted by a majority of the	106278
members of the legislative authority, increase the rate of the tax	106279
levied by such county under division (A)(1) of this section to a	106280
rate not to exceed five per cent on transactions by which lodging	106281
by a hotel is or is to be furnished to transient guests.	106282
Notwithstanding any contrary provision of division (A)(1) of this	106283
section, the resolution may provide that all collections resulting	106284
from the rate levied in excess of three per cent, after deducting	106285
the real and actual costs of administering the tax, shall be	106286
deposited in the county general fund.	106287

(4) The legislative authority of a county with a population	106288
of one million or more that has levied a tax under division (A)(1)	106289
of this section may, by resolution adopted on or before August 30,	106290
2004, by a majority of the members of the legislative authority,	106291
provide that all or a portion of the proceeds of the tax levied	106292
under division (A)(1) of this section, after deducting the real	106293
and actual costs of administering the tax and the amounts required	106294
to be returned to townships and municipal corporations with	106295
respect to the first three per cent levied under division (A)(1)	106296
of this section, shall be deposited in the county general fund,	106297
provided that such proceeds shall be used to satisfy any pledges	106298
made in connection with an agreement entered into under section	106299
307.695 of the Revised Code.	106300

(5) No amount collected from a tax levied, extended, or	106301
required to be deposited in the county general fund under division	106302
(H) of this section shall be contributed to a convention	106303
facilities authority, corporation, or other entity created after	106304
July 1, 2003, for the principal purpose of constructing,	106305
improving, expanding, equipping, financing, or operating a	106306
convention center unless the mayor of the municipal corporation in	106307
which the convention center is to be operated by that convention	106308
facilities authority, corporation, or other entity has consented	106309
to the creation of that convention facilities authority,	106310
corporation, or entity. Notwithstanding any contrary provision of	106311
section 351.04 of the Revised Code, if a tax is levied by a county	106312
under division (H) of this section, the board of county	106313
commissioners of that county may determine the manner of	106314
selection, the qualifications, the number, and terms of office of	106315
the members of the board of directors of any convention facilities	106316
authority, corporation, or other entity described in division	106317
(H)(5) of this section.	106318

(6)(a) No amount collected from a tax levied, extended, or	106319
required to be deposited in the county general fund under division	106320
(H) of this section may be used for any purpose other than paying	106321
the direct and indirect costs of constructing, improving,	106322
expanding, equipping, financing, or operating a convention center	106323
and for the real and actual costs of administering the tax,	106324
unless, prior to the adoption of the resolution of the legislative	106325
authority of the county authorizing the levy, extension, increase,	106326
or deposit, the county and the mayor of the most populous	106327
municipal corporation in that county have entered into an	106328
agreement as to the use of such amounts, provided that such	106329
agreement has been approved by a majority of the mayors of the	106330
other municipal corporations in that county. The agreement shall	106331
provide that the amounts to be used for purposes other than paying	106332
the convention center or administrative costs described in	106333
division (H)(6)(a) of this section be used only for the direct and	106334
indirect costs of capital improvements, including the financing of	106335
capital improvements.	106336

(b) If the county in which the tax is levied has an	106337
association of mayors and city managers, the approval of that	106338
association of an agreement described in division (H)(6)(a) of	106339
this section shall be considered to be the approval of the	106340
majority of the mayors of the other municipal corporations for	106341
purposes of that division.	106342

(7) Each year, the auditor of state shall conduct an audit of	106343
the uses of any amounts collected from taxes levied, extended, or	106344
deposited under division (H) of this section and shall prepare a	106345
report of the auditor of state's findings. The auditor of state	106346
shall submit the report to the legislative authority of the county	106347
that has levied, extended, or deposited the tax, the speaker of	106348
the house of representatives, the president of the senate, and the	106349
leaders of the minority parties of the house of representatives	106350
and the senate.	106351

(I)(1) As used in this division:

106352

(a) "Convention facilities authority" has the same meaning as	106353
in section 351.01 of the Revised Code.	106354

(b) "Convention center" has the same meaning as in section	106355
307.695 of the Revised Code.	106356

(2) Notwithstanding any contrary provision of division (D) of	106357
this section, the legislative authority of a county with a	106358
population of one million two hundred thousand or more according	106359
to the most recent federal decennial census or the most recent	106360
annual population estimate published or released by the United	106361
States census bureau at the time the resolution is adopted placing	106362
the levy on the ballot, that has levied a tax under division (D)	106363
of this section may, by resolution adopted by a majority of the	106364
members of the legislative authority, provide for the extension of	106365
such levy and may provide that the proceeds of that tax, to the	106366
extent that the proceeds are no longer needed for their original	106367
purpose as defined by a cooperative agreement entered into under	106368
section 307.671 of the Revised Code and after deducting the real	106369
and actual costs of administering the tax, shall be used for	106370
paying the direct and indirect costs of constructing, improving,	106371
expanding, equipping, financing, or operating a convention center.	106372
The resolution shall provide for the extension of the tax at a	106373
rate not to exceed the rate specified in division (D) of this	106374
section for a period of time determined by the legislative	106375
authority of the county, but not to exceed an additional forty	106376
years.	106377

(3) The legislative authority of a county with a population	106378
of one million two hundred thousand or more that has levied a tax	106379
under division (A)(1) of this section may, by resolution adopted	106380
by a majority of the members of the legislative authority,	106381
increase the rate of the tax levied by such county under division	106382
(A)(1) of this section to a rate not to exceed five per cent on	106383
transactions by which lodging by a hotel is or is to be furnished	106384
to transient guests. Notwithstanding any contrary provision of	106385
division (A)(1) of this section, the resolution shall provide that	106386
all collections resulting from the rate levied in excess of three	106387
per cent, after deducting the real and actual costs of	106388
administering the tax, shall be used for paying the direct and	106389
indirect costs of constructing, improving, expanding, equipping,	106390
financing, or operating a convention center.	106391

(4) The legislative authority of a county with a population	106392
of one million two hundred thousand or more that has levied a tax	106393
under division (A)(1) of this section may, by resolution adopted	106394
on or before July 1, 2008, by a majority of the members of the	106395
legislative authority, provide that all or a portion of the	106396
proceeds of the tax levied under division (A)(1) of this section,	106397
after deducting the real and actual costs of administering the tax	106398
and the amounts required to be returned to townships and municipal	106399
corporations with respect to the first three per cent levied under	106400
division (A)(1) of this section, shall be used to satisfy any	106401
pledges made in connection with an agreement entered into under	106402
section 307.695 of the Revised Code or shall otherwise be used for	106403
paying the direct and indirect costs of constructing, improving,	106404
expanding, equipping, financing, or operating a convention center.	106405

(5) Any amount collected from a tax levied or extended under	106406
division (I) of this section may be contributed to a convention	106407
facilities authority created before July 1, 2005, but no amount	106408
collected from a tax levied or extended under division (I) of this	106409
section may be contributed to a convention facilities authority,	106410
corporation, or other entity created after July 1, 2005, unless	106411
the mayor of the municipal corporation in which the convention	106412
center is to be operated by that convention facilities authority,	106413
corporation, or other entity has consented to the creation of that	106414
convention facilities authority, corporation, or entity.	106415

(J) A board of commissioners of a county or board of trustees	106416
of a township may not adopt or amend a resolution levying a tax on	106417
transactions by which lodging by a hotel is or is to be furnished	106418
to transient guests pursuant to this section on or after October	106419
1, 2013, unless the board levies the tax on any transaction by	106420
which a transient guest obtains or will obtain lodging in a hotel	106421
using a hotel intermediary. The board shall levy the tax on any	106422
amount the purchaser pays to the hotel intermediary for the	106423
intermediary's services plus any amount paid for the furnishing of	106424
lodging in a hotel to the transient guest.	106425

The hotel intermediary shall collect and remit all tax paid	106426
by the purchaser to the county or township, as applicable, that	106427
levies the tax pursuant to this section. If the hotel intermediary	106428
does not collect or remit the full amount of tax, the hotel in	106429
which the transient guest will lodge shall attempt to collect and	106430
remit to the county or township, as applicable, the uncollected or	106431
unremitted tax.	106432

Sec. 5739.12. (A)(1) Each person who has or is required to	106433
have a vendor's license, on or before the twenty-third day of each	106434
month, shall make and file a return for the preceding month in the	106435
form prescribed by the tax commissioner, and shall pay the tax	106436
shown on the return to be due. The return shall be filed	106437
electronically using the Ohio business gateway, as defined in	106438
section 718.051 of the Revised Code, the Ohio telefile system, or	106439
any other electronic means prescribed by the commissioner. Payment	106440
of the tax shown on the return to be due shall be made	106441
electronically in a manner approved by the commissioner. The	106442
commissioner may require a vendor that operates from multiple	106443
locations or has multiple vendor's licenses to report all tax	106444
liabilities on one consolidated return. The return shall show the	106445
amount of tax due from the vendor to the state for the period	106446
covered by the return and such other information as the	106447
commissioner deems necessary for the proper administration of this	106448
chapter. The commissioner may extend the time for making and	106449
filing returns and paying the tax, and may require that the return	106450
for the last month of any annual or semiannual period, as	106451
determined by the commissioner, be a reconciliation return	106452
detailing the vendor's sales activity for the preceding annual or	106453
semiannual period. The reconciliation return shall be filed by the	106454
last day of the month following the last month of the annual or	106455
semiannual period. The commissioner may remit all or any part of	106456
amounts or penalties that may become due under this chapter and	106457
may adopt rules relating thereto. Such return shall be filed	106458
electronically as directed by the tax commissioner, and payment of	106459
the amount of tax shown to be due thereon, after deduction of any	106460
discount provided for under this section, shall be made	106461
electronically in a manner approved by the tax commissioner.	106462

(2) Any person required to file returns and make payments	106463
electronically under division (A)(1) of this section may apply to	106464
the tax commissioner on a form prescribed by the commissioner to	106465
be excused from that requirement. For good cause shown, the	106466
commissioner may excuse the person from that requirement and may	106467
permit the person to file the returns and make the payments	106468
required by this section by nonelectronic means.	106469

(B)(1) If the return is filed and the amount of tax shown	106470
thereon to be due is paid on or before the date such return is	106471
required to be filed, the vendor shall be entitled to a discount	106472
of three-fourths of one per cent of the amount shown to be due on	106473
the return.	106474

(2) A vendor that has selected a certified service provider	106475
as its agent shall not be entitled to the discount if the	106476
certified service provider receives a monetary allowance pursuant	106477
to section 5739.06 of the Revised Code for performing the vendor's	106478
sales and use tax functions in this state. Amounts paid to the	106479
clerk of courts pursuant to section 4505.06 of the Revised Code	106480
shall be subject to the applicable discount. The discount shall be	106481
in consideration for prompt payment to the clerk of courts and for	106482
other services performed by the vendor in the collection of the	106483
tax.	106484

(C)(1) Upon application to the tax commissioner, a vendor who	106485
is required to file monthly returns may be relieved of the	106486
requirement to report and pay the actual tax due, provided that	106487
the vendor agrees to remit to the commissioner payment of not less	106488
than an amount determined by the commissioner to be the average	106489
monthly tax liability of the vendor, based upon a review of the	106490
returns or other information pertaining to such vendor for a	106491
period of not less than six months nor more than two years	106492
immediately preceding the filing of the application. Vendors who	106493
agree to the above conditions shall make and file an annual or	106494
semiannual reconciliation return, as prescribed by the	106495
commissioner. The reconciliation return shall be filed	106496
electronically as directed by the tax commissioner, and payment of	106497
the amount of tax shown to be due thereon, after deduction of any	106498
discount provided in this section, shall be made electronically in	106499
a manner approved by the commissioner. Failure of a vendor to	106500
comply with any of the above conditions may result in immediate	106501
reinstatement of the requirement of reporting and paying the	106502
actual tax liability on each monthly return, and the commissioner	106503
may at the commissioner's discretion deny the vendor the right to	106504
report and pay based upon the average monthly liability for a	106505
period not to exceed two years. The amount ascertained by the	106506
commissioner to be the average monthly tax liability of a vendor	106507
may be adjusted, based upon a review of the returns or other	106508
information pertaining to the vendor for a period of not less than	106509
six months nor more than two years preceding such adjustment.	106510

(2) The commissioner may authorize vendors whose tax	106511
liability is not such as to merit monthly returns, as ascertained	106512
by the commissioner upon the basis of administrative costs to the	106513
state, to make and file returns at less frequent intervals. When	106514
returns are filed at less frequent intervals in accordance with	106515
such authorization, the vendor shall be allowed the discount	106516
provided in this section in consideration for prompt payment with	106517
the return, provided the return is filed and payment is made of	106518
the amount of tax shown to be due thereon, at the time specified	106519
by the commissioner, but a vendor that has selected a certified	106520
service provider as its agent shall not be entitled to the	106521
discount.	106522

(D) Any vendor who fails to file a return or to pay the full	106523
amount of the tax shown on the return to be due in the manner	106524
prescribed under this section and the rules of the commissioner	106525
may, for each such return, be required to forfeit and pay into the	106526
state treasury an additional charge not exceeding fifty dollars or	106527
ten per cent of the tax required to be paid for the reporting	106528
period, whichever is greater, as revenue arising from the tax	106529
imposed by this chapter, and such sum may be collected by	106530
assessment in the manner provided in section 5739.13 of the	106531
Revised Code. The commissioner may remit all or a portion of the	106532
additional charge and may adopt rules relating to the imposition	106533
and remission of the additional charge.	106534

(E) If the amount required to be collected by a vendor from	106535
consumers is in excess of the applicable percentage of the	106536
vendor's receipts from sales that are taxable under section	106537
5739.02 of the Revised Code, or in the case of sales subject to a	106538
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	106539
the Revised Code, in excess of the percentage equal to the	106540
aggregate rate of such taxes and the tax levied by section 5739.02	106541
of the Revised Code, such excess shall be remitted along with the	106542
remittance of the amount of tax due under section 5739.10 of the	106543
Revised Code.	106544

(F) The commissioner, if the commissioner deems it necessary	106545
in order to insure the payment of the tax imposed by this chapter,	106546
may require returns and payments to be made for other than monthly	106547
periods.	106548

(G) Any vendor required to file a return and pay the tax	106549
under this section whose total payment for a year equals or	106550
exceeds the amount shown in division (A) of section 5739.122 of	106551
the Revised Code is subject to the accelerated tax payment	106552
requirements in divisions (B) and (C) of that section. For a	106553
vendor that operates from multiple locations or has multiple	106554
vendor's licenses, in determining whether the vendor's total	106555
payment equals or exceeds the amount shown in division (A) of that	106556
section, the vendor's total payment amount shall be the amount of	106557
the vendor's total tax liability for the previous calendar year	106558
for all of the vendor's locations or licenses.	106559

(H) If a vendor that is a hotel intermediary does not collect	106560
and remit the full amount of tax due, the hotel in which the	106561
transient guest will lodge shall attempt to collect and remit any	106562
remaining amount of tax from the transient guest.	106563

Sec. 5739.13. (A) If any vendor collects the tax imposed by	106564
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	106565
the Revised Code, and fails to remit the tax to the state as	106566
prescribed, or on the sale of a motor vehicle, watercraft, or	106567
outboard motor required to be titled, fails to remit payment to a	106568
clerk of a court of common pleas as provided in section 1548.06 or	106569
4505.06 of the Revised Code, the vendor shall be personally liable	106570
for any tax collected and not remitted. The tax commissioner may	106571
make an assessment against such vendor based upon any information	106572
in the commissioner's possession.	106573

If any vendor fails to collect the tax or any consumer fails	106574
to pay the tax imposed by or pursuant to section 5739.02,	106575
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	106576
transaction subject to the tax, the vendor or consumer shall be	106577
personally liable for the amount of the tax applicable to the	106578
transaction. The commissioner may make an assessment against	106579
either the vendor or consumer, as the facts may require, based	106580
upon any information in the commissioner's possession.	106581

An assessment against a vendor when the tax imposed by or	106582
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	106583
the Revised Code has not been collected or paid, shall not	106584
discharge the purchaser's or consumer's liability to reimburse the	106585
vendor for the tax applicable to such transaction.	106586

An assessment issued against either, pursuant to this	106587
section, shall not be considered an election of remedies, nor a	106588
bar to an assessment against the other for the tax applicable to	106589
the same transaction, provided that no assessment shall be issued	106590
against any person for the tax due on a particular transaction if	106591
the tax on that transaction actually has been paid by another.	106592

The commissioner may make an assessment against any vendor	106593
who fails to file a return or remit the proper amount of tax	106594
required by this chapter, or against any consumer who fails to pay	106595
the proper amount of tax required by this chapter. When	106596
information in the possession of the commissioner indicates that	106597
the amount required to be collected or paid under this chapter is	106598
greater than the amount remitted by the vendor or paid by the	106599
consumer, the commissioner may audit a sample of the vendor's	106600
sales or the consumer's purchases for a representative period, to	106601
ascertain the per cent of exempt or taxable transactions or the	106602
effective tax rate and may issue an assessment based on the audit.	106603
The commissioner shall make a good faith effort to reach agreement	106604
with the vendor or consumer in selecting a representative sample.	106605

The commissioner may make an assessment, based on any	106606
information in ~~his~~the commissioner's possession, against any	106607
person who fails to file a return or remit the proper amount of	106608
tax required by section 5739.102 of the Revised Code.	106609

The commissioner may issue an assessment on any transaction	106610
for which any tax imposed under this chapter or Chapter 5741. of	106611
the Revised Code was due and unpaid on the date the vendor or	106612
consumer was informed by an agent of the tax commissioner of an	106613
investigation or audit. If the vendor or consumer remits any	106614
payment of the tax for the period covered by the assessment after	106615
the vendor or consumer was informed of the investigation or audit,	106616
the payment shall be credited against the amount of the	106617
assessment.	106618

The commissioner shall give the party assessed written notice	106619
of the assessment in the manner provided in section 5703.37 of the	106620
Revised Code. With the notice, the commissioner shall provide	106621
instructions on how to petition for reassessment and request a	106622
hearing on the petition.	106623

(B) Unless the party assessed files with the commissioner	106624
within sixty days after service of the notice of assessment,	106625
either personally or by certified mail, a written petition for	106626
reassessment, signed by the party assessed or that party's	106627
authorized agent having knowledge of the facts, the assessment	106628
becomes final and the amount of the assessment is due from the	106629
party assessed and payable to the treasurer of state and remitted	106630
to the tax commissioner. The petition shall indicate the	106631
objections of the party assessed, but additional objections may be	106632
raised in writing if received by the commissioner prior to the	106633
date shown on the final determination. If the petition has been	106634
properly filed, the commissioner shall proceed under section	106635
5703.60 of the Revised Code.	106636

(C) After an assessment becomes final, if any portion of the	106637
assessment remains unpaid, including accrued interest, a certified	106638
copy of the commissioner's entry making the assessment final may	106639
be filed in the office of the clerk of the court of common pleas	106640
in the county in which the place of business of the party assessed	106641
is located or the county in which the party assessed resides. If	106642
the party assessed maintains no place of business in this state	106643
and is not a resident of this state, the certified copy of the	106644
entry may be filed in the office of the clerk of the court of	106645
common pleas of Franklin county.	106646

Immediately upon the filing of the entry, the clerk shall	106647
enter a judgment for the state against the party assessed in the	106648
amount shown on the entry. The judgment may be filed by the clerk	106649
in a loose-leaf book entitled "special judgments for state,	106650
county, and transit authority retail sales tax" or, if	106651
appropriate, "special judgments for resort area excise tax," and	106652
shall have the same effect as other judgments. Execution shall	106653
issue upon the judgment upon the request of the tax commissioner,	106654
and all laws applicable to sales on execution shall apply to sales	106655
made under the judgment except as otherwise provided in this	106656
chapter.	106657

~~The portion of~~If the assessment is not paid in its entirety	106658
within sixty days after the date the assessment was issued, the	106659
portion of the assessment consisting of tax due shall bear	106660
interest at the rate per annum prescribed by section 5703.47 of	106661
the Revised Code from the day the tax commissioner issues the	106662
assessment until the assessment is paid or until it is certified	106663
to the attorney general for collection under section 131.02 of the	106664
Revised Code, whichever comes first. If the unpaid portion of the	106665
assessment is certified to the attorney general for collection,	106666
the entire unpaid portion of the assessment shall bear interest at	106667
the rate per annum prescribed by section 5703.47 of the Revised	106668
Code from the date of certification until the date it is paid in	106669
its entirety. Interest shall be paid in the same manner as the tax	106670
and may be collected by issuing an assessment under this section.	106671

(D) All money collected by the tax commissioner under this	106672
section shall be paid to the treasurer of state, and when paid	106673
shall be considered as revenue arising from the taxes imposed by	106674
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	106675

Sec. 5741.01. As used in this chapter:

106676

(A) "Person" includes individuals, receivers, assignees,	106677
trustees in bankruptcy, estates, firms, partnerships,	106678
associations, joint-stock companies, joint ventures, clubs,	106679
societies, corporations, business trusts, governments, and	106680
combinations of individuals of any form.	106681

(B) "Storage" means and includes any keeping or retention in	106682
this state for use or other consumption in this state.	106683

(C) "Use" means and includes the exercise of any right or	106684
power incidental to the ownership of the thing used. A thing is	106685
also "used" in this state if its consumer gives or otherwise	106686
distributes it, without charge, to recipients in this state.	106687

(D) "Purchase" means acquired or received for a	106688
consideration, whether such acquisition or receipt was effected by	106689
a transfer of title, or of possession, or of both, or a license to	106690
use or consume; whether such transfer was absolute or conditional,	106691
and by whatever means the transfer was effected; and whether the	106692
consideration was money, credit, barter, or exchange. Purchase	106693
includes production, even though the article produced was used,	106694
stored, or consumed by the producer. The transfer of copyrighted	106695
motion picture films for exhibition purposes is not a purchase,	106696
except such films as are used solely for advertising purposes.	106697

(E) "Seller" means the person from whom a purchase is made,	106698
and includes every person engaged in this state or elsewhere in	106699
the business of selling tangible personal property or providing a	106700
service for storage, use, or other consumption or benefit in this	106701
state; and when, in the opinion of the tax commissioner, it is	106702
necessary for the efficient administration of this chapter, to	106703
regard any ~~salesman~~salesperson, representative, peddler, or	106704
canvasser as the agent of a dealer, distributor, supervisor, or	106705
employer under whom the person operates, or from whom the person	106706
obtains tangible personal property, sold by the person for	106707
storage, use, or other consumption in this state, irrespective of	106708
whether or not the person is making such sales on the person's own	106709
behalf, or on behalf of such dealer, distributor, supervisor, or	106710
employer, the commissioner may regard the person as such agent,	106711
and may regard such dealer, distributor, supervisor, or employer	106712
as the seller. "Seller" does not include any person to the extent	106713
the person provides a communications medium, such as, but not	106714
limited to, newspapers, magazines, radio, television, or cable	106715
television, by means of which sellers solicit purchases of their	106716
goods or services.	106717

(F) "Consumer" means any person who has purchased tangible	106718
personal property or has been provided a service for storage, use,	106719
or other consumption or benefit in this state. "Consumer" does not	106720
include a person who receives, without charge, tangible personal	106721
property or a service.	106722

A person who performs a facility management or similar	106723
service contract for a contractee is a consumer of all tangible	106724
personal property and services purchased for use in connection	106725
with the performance of such contract, regardless of whether title	106726
to any such property vests in the contractee. The purchase of such	106727
property and services is not subject to the exception for resale	106728
under division (E) of section 5739.01 of the Revised Code.	106729

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	106730
of this section, has the same meaning as in division (H)(1) of	106731
section 5739.01 of the Revised Code.	106732

(2) In the case of watercraft, outboard motors, or new motor	106733
vehicles, "price" has the same meaning as in divisions (H)(2) and	106734
(3) of section 5739.01 of the Revised Code.	106735

(3) In the case of a nonresident business consumer that	106736
purchases and uses tangible personal property outside this state	106737
and subsequently temporarily stores, uses, or otherwise consumes	106738
such tangible personal property in the conduct of business in this	106739
state, the consumer or the tax commissioner may determine the	106740
price based on the value of the temporary storage, use, or other	106741
consumption, in lieu of determining the price pursuant to division	106742
(G)(1) of this section. A price determination made by the consumer	106743
is subject to review and redetermination by the commissioner.	106744

(4) In the case of tangible personal property held in this	106745
state as inventory for sale or lease, and that is temporarily	106746
stored, used, or otherwise consumed in a taxable manner, the price	106747
is the value of the temporary use. A price determination made by	106748
the consumer is subject to review and redetermination by the	106749
commissioner.	106750

(5) In the case of tangible personal property originally	106751
purchased and used by the consumer outside this state, and that	106752
becomes permanently stored, used, or otherwise consumed in this	106753
state more than six months after its acquisition by the consumer,	106754
the consumer or the commissioner may determine the price based on	106755
the current value of such tangible personal property, in lieu of	106756
determining the price pursuant to division (G)(1) of this section.	106757
A price determination made by the consumer is subject to review	106758
and redetermination by the commissioner.	106759

(6) If a consumer produces tangible personal property for	106760
sale and removes that property from inventory for the consumer's	106761
own use, the price is the produced cost of that tangible personal	106762
property.	106763

(H) "Nexus with this state" means that the seller engages in	106764
continuous and widespread solicitation of purchases from residents	106765
of this state or otherwise purposefully directs its business	106766
activities at residents of this state.	106767

(I)(1) "Substantial nexus with this state" means that the	106768
seller has sufficient contact with this state, in accordance with	106769
Section 8 of Article I of the Constitution of the United States,	106770
to allow the state to require the seller to collect and remit use	106771
tax on sales of tangible personal property or services made to	106772
consumers in this state. ~~"Substantial~~	106773

(2) "Substantial nexus with this state" ~~exists~~is presumed to	106774
exist when the seller does any of the following:	106775

~~(1) Maintains a~~(a) Uses an office, distribution facility,	106776
warehouse, storage facility, or similar place of business within	106777
this state, whether operated by ~~employees or agents of~~ the seller,	106778
~~by a member of an affiliated group, as defined in division~~	106779
~~(B)(3)(e) of section 5739.01 of the Revised Code, of which the~~	106780
~~seller is a member, or by a franchisee using a trade name of the~~	106781
~~seller;~~or any other person, other than a common carrier acting in	106782
its capacity as a common carrier.	106783

~~(2)~~(b) Regularly ~~has~~uses employees, agents, representatives,	106784
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	106785
salespersons, or other ~~individuals~~persons in this state (i) for	106786
the purpose of conducting the business of the seller;, or that	106787
(ii) engage in a business with the same or a similar industry	106788
classification as the seller selling a similar product or line of	106789
products as the seller, or (iii) use trademarks, service marks, or	106790
trade names in this state that are the same or substantially	106791
similar to those used by the seller.	106792

~~(3)~~(c) Uses aany person, other than a common carrier acting	106793
in its capacity as a common carrier, in this state for any of the	106794
~~purpose of receiving~~following purposes:	106795

(i) Receiving or processing orders of the seller's goods or	106796
services;	106797

(ii) Using that person's employees or facilities in this	106798
state to advertise, promote, or facilitate sales by the seller to	106799
customers;	106800

(iii) Delivering, installing, assembling, or performing	106801
maintenance services for the seller's customers;	106802

(iv) Facilitating the seller's delivery of tangible personal	106803
property to customers in this state by allowing the seller's	106804
customers to pick up property sold by the seller at an office,	106805
distribution facility, warehouse, storage facility, or similar	106806
place of business.	106807

~~(4)~~(d) Makes regular deliveries of tangible personal property	106808
into this state by means other than common carrier;.	106809

~~(5) Has membership in an affiliated group, as described in~~	106810
~~division (B)(3)(e) of section 5739.01 of the Revised Code, at~~	106811
~~least one other member of which has substantial nexus with this~~	106812
~~state;~~	106813

~~(6)~~(e) Owns tangible personal property that is rented or	106814
leased to a consumer in this state, or offers tangible personal	106815
property, on approval, to consumers in this state;.	106816

~~(7) Except as provided in section 5703.65 of the Revised~~	106817
~~Code, is registered with the secretary of state to do business in~~	106818
~~this state or is registered or licensed by any state agency,~~	106819
~~board, or commission to transact business in this state or to make~~	106820
~~sales to persons in this state;~~	106821

~~(8) Has any other contact with this state that would allow~~	106822
~~this state to require the seller to collect and remit use tax~~	106823
~~under Section 8 of Article I of the Constitution of the United~~	106824
~~States~~(f) Is a hotel intermediary that furnishes lodging in	106825
hotels located in this state to transient guests.	106826

(g) Enters into an agreement with one or more residents of	106827
this state under which the resident, for a commission or other	106828
consideration, directly or indirectly refers potential customers	106829
to the seller, whether by a link on a web site, an in-person oral	106830
presentation, telemarketing, or otherwise, provided the cumulative	106831
gross receipts from sales to consumers referred to the seller by	106832
all such residents exceeded ten thousand dollars during the	106833
preceding twelve months.	106834

(3) A seller presumed to have substantial nexus with this	106835
state under divisions (I)(2)(a) to (f) of this section may rebut	106836
that presumption by demonstrating that activities described in any	106837
of those divisions that are conducted by a person in this state on	106838
the seller's behalf are not significantly associated with the	106839
seller's ability to establish or maintain a market in this state	106840
for the seller's sales.	106841

(4) A seller presumed to have substantial nexus with this	106842
state under division (I)(2)(g) of this section may rebut that	106843
presumption by submitting proof that each resident engaged by the	106844
seller as described in that division did not engage in any	106845
activity within this state during the preceding twelve months that	106846
was significantly associated with the seller's ability to	106847
establish or maintain the seller's market in this state during the	106848
preceding twelve months. Such proof may consist of sworn written	106849
statements from all the residents with whom the seller has an	106850
agreement stating that the resident did not engage in any	106851
solicitation in this state on behalf of the seller during the	106852
preceding twelve months if such statements are provided and	106853
obtained in good faith.	106854

(5) A seller that does not have substantial nexus with this	106855
state, and any affiliated person of the seller, before selling or	106856
leasing tangible personal property or services to a state agency,	106857
shall register with the tax commissioner in the same manner as a	106858
seller described in division (A)(1) of section 5741.17 of the	106859
Revised Code.	106860

(6) As used in division (I) of this section:

106861

(a) "Affiliated person" means any person that is a member of	106862
the same controlled group of corporations as the seller or any	106863
other person that, notwithstanding the form of organization, bears	106864
the same ownership relationship to the seller as a corporation	106865
that is a member of the same controlled group of corporations.	106866

(b) "Controlled group of corporations" has the same meaning	106867
as in section 1536(a) of the Internal Revenue Code.	106868

(c) "State agency" has the same meaning as in section 1.60 of	106869
the Revised Code.	106870

(J) "Fiscal officer" means, with respect to a regional	106871
transit authority, the secretary-treasurer thereof, and with	106872
respect to a county which is a transit authority, the fiscal	106873
officer of the county transit board appointed pursuant to section	106874
306.03 of the Revised Code or, if the board of county	106875
commissioners operates the county transit system, the county	106876
auditor.	106877

(K) "Territory of the transit authority" means all of the	106878
area included within the territorial boundaries of a transit	106879
authority as they from time to time exist. Such territorial	106880
boundaries must at all times include all the area of a single	106881
county or all the area of the most populous county which is a part	106882
of such transit authority. County population shall be measured by	106883
the most recent census taken by the United States census bureau.	106884

(L) "Transit authority" means a regional transit authority	106885
created pursuant to section 306.31 of the Revised Code or a county	106886
in which a county transit system is created pursuant to section	106887
306.01 of the Revised Code. For the purposes of this chapter, a	106888
transit authority must extend to at least the entire area of a	106889
single county. A transit authority which includes territory in	106890
more than one county must include all the area of the most	106891
populous county which is a part of such transit authority. County	106892
population shall be measured by the most recent census taken by	106893
the United States census bureau.	106894

(M) "~~Providing a service~~Service" has the same meaning as in	106895
~~division (X) of~~ section 5739.01 of the Revised Code.	106896

(N) "Other consumption" includes receiving the benefits of a	106897
service.	106898

(O) "Lease" or "rental" has the same meaning as in ~~division~~	106899
~~(UU) of~~ section 5739.01 of the Revised Code.	106900

(P) "Certified service provider" has the same meaning as in	106901
section 5740.01 of the Revised Code.	106902

(Q) "Hotel intermediary," "hotel," and "transient guest" have	106903
the same meanings as in section 5739.01 of the Revised Code.	106904

Sec. 5741.12. (A) Each seller required by section 5741.17 of	106905
the Revised Code to register with the tax commissioner, and any	106906
seller authorized by the commissioner to collect the tax imposed	106907
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	106908
of the Revised Code is subject to the same requirements and	106909
entitled to the same deductions and discount for prompt payments	106910
as are vendors under section 5739.12 of the Revised Code, and the	106911
same monetary allowances as are vendors under section 5739.06 of	106912
the Revised Code. The powers and duties of the commissioner with	106913
respect to returns and tax remittances under this section shall be	106914
identical with those prescribed in section 5739.12 of the Revised	106915
Code.	106916

(B) Every person storing, using, or consuming tangible	106917
personal property or receiving the benefit of a service, the	106918
storage, use, consumption, or receipt of which is subject to the	106919
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	106920
or 5741.023 of the Revised Code, when such tax was not paid to a	106921
seller, shall, on or before the twenty-third day of each month,	106922
file with the tax commissioner a return for the preceding month in	106923
such form as is prescribed by the commissioner, showing such	106924
information as the commissioner deems necessary, and shall pay the	106925
tax shown on the return to be due. Remittance shall be made	106926
payable to the treasurer of state. The commissioner may require	106927
consumers to file returns and pay the tax at other than monthly	106928
intervals, if the commissioner determines that such filing is	106929
necessary for the efficient administration of the tax. If the	106930
commissioner determines that a consumer's tax liability is not	106931
such as to merit monthly filing, the commissioner may authorize	106932
the consumer to file returns and pay tax at less frequent	106933
intervals.	106934

Any consumer required to file a return and pay the tax under	106935
this section whose payment for any year equals or exceeds the	106936
amount shown in division (A) of section 5741.121 of the Revised	106937
Code is subject to the accelerated tax payment requirements in	106938
divisions (B) and (C) of that section.	106939

(C) Every person storing, using, or consuming a motor	106940
vehicle, watercraft, or outboard motor, the ownership of which	106941
must be evidenced by certificate of title, shall file the return	106942
required by this section and pay the tax due at or prior to the	106943
time of filing an application for certificate of title.	106944

(D) If a seller that is a hotel intermediary does not collect	106945
and remit the full amount of tax due, the hotel in which the	106946
transient guest will lodge shall attempt to collect and remit any	106947
remaining amount of tax from the transient guest.	106948

Sec. 5741.17. (A)(1) Except as otherwise provided in	106949
divisions (A)(2), (3), and (4) of this section, every seller of	106950
tangible personal property or services who has substantial nexus	106951
with this state shall register with the tax commissioner and	106952
supply any information concerning ~~his~~the seller's contacts with	106953
this state that may be required by the commissioner.	106954

(2) A seller who is licensed as a vendor pursuant to section	106955
5739.17 of the Revised Code shall not be required to register with	106956
the commissioner pursuant to this section if all sales to	106957
consumers in this state are made under the authority of ~~his~~the	106958
seller's vendor's license.	106959

(3) AUnless the seller has substantial nexus with this state	106960
pursuant to division (I)(2)(g) of section 5741.01 of the Revised	106961
Code, a seller is not required to register under this section if	106962
the seller has no contact with this state other than an agency	106963
relationship with a person engaged in the business of	106964
telemarketing in this state and engaged by the seller exclusively	106965
for the purpose of solicitation of customers in other states.	106966

(4) A seller is not required to register under this section	106967
if the seller has no contact with this state other than the	106968
ownership of property that is located at the facility of a printer	106969
with which the seller has contracted for printing and that	106970
consists of the final printed product, property that becomes a	106971
part of the final printed product, or copy from which the final	106972
printed product is produced.	106973

(B) A seller who does not have substantial nexus with this	106974
state may voluntarily register with the commissioner. A seller who	106975
voluntarily registers with the commissioner under this section is	106976
entitled to the same benefits and is subject to the same duties	106977
and requirements as a seller required to be registered with the	106978
commissioner under this chapter.	106979

The commissioner shall maintain an alphabetical index of all	106980
sellers registered under this chapter and records of the use tax	106981
reported and paid. Upon request, this information shall be made	106982
available to the treasurer of state.	106983

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	106984
fails to pay the tax levied under section 5743.02, 5743.021,	106985
5743.024, or 5743.026 of the Revised Code as required by sections	106986
5743.01 to 5743.20 of the Revised Code, and by the rules of the	106987
tax commissioner, or fails to collect the tax from the purchaser	106988
or consumer, the commissioner may make an assessment against the	106989
wholesale or retail dealer based upon any information in the	106990
commissioner's possession.	106991

The commissioner may make an assessment against any wholesale	106992
or retail dealer who fails to file a return required by section	106993
5743.03 or 5743.025 of the Revised Code.	106994

No assessment shall be made against any wholesale or retail	106995
dealer for any taxes imposed under section 5743.02, 5743.021,	106996
5743.024, or 5743.026 of the Revised Code more than three years	106997
after the last day of the calendar month that immediately follows	106998
the semiannual period prescribed in section 5743.03 of the Revised	106999
Code in which the sale was made, or more than three years after	107000
the semiannual return for such period is filed, whichever is	107001
later. This section does not bar an assessment against any	107002
wholesale or retail dealer who fails to file a return as required	107003
by section 5743.025 or 5743.03 of the Revised Code, or who files a	107004
fraudulent return.	107005

A penalty of up to thirty per cent may be added to the amount	107006
of every assessment made under this section. The commissioner may	107007
adopt rules providing for the imposition and remission of	107008
penalties added to assessments made under this section.	107009

The commissioner shall give the party assessed written notice	107010
of the assessment in the manner provided in section 5703.37 of the	107011
Revised Code. The notice shall specify separately any portion of	107012
the assessment that represents a county tax. With the notice, the	107013
commissioner shall provide instructions on how to petition for	107014
reassessment and request a hearing on the petition.	107015

(B) Unless the party assessed files with the tax commissioner	107016
within sixty days after service of the notice of assessment,	107017
either personally or by certified mail, a written petition for	107018
reassessment signed by the party assessed or that party's	107019
authorized agent having knowledge of the facts, the assessment	107020
becomes final and the amount of the assessment is due and payable	107021
from the party assessed to the treasurer of state. The petition	107022
shall indicate the objections of the party assessed, but	107023
additional objections may be raised in writing if received by the	107024
commissioner prior to the date shown on the final determination.	107025
If the petition has been properly filed, the commissioner shall	107026
proceed under section 5703.60 of the Revised Code.	107027

(C) After an assessment becomes final, if any portion of the	107028
assessment remains unpaid, including accrued interest, a certified	107029
copy of the tax commissioner's entry making the assessment final	107030
may be filed in the office of the clerk of the court of common	107031
pleas in the county in which the wholesale or retail dealer's	107032
place of business is located or the county in which the party	107033
assessed resides. If the party assessed maintains no place of	107034
business in this state and is not a resident of this state, the	107035
certified copy of the entry may be filed in the office of the	107036
clerk of the court of common pleas of Franklin county.	107037

Immediately upon the filing of the commissioner's entry, the	107038
clerk shall enter a judgment for the state against the party	107039
assessed in the amount shown on the entry. The judgment may be	107040
filed by the clerk in a loose-leaf book entitled "special	107041
judgments for state cigarette sales tax," and shall have the same	107042
effect as other judgments. Execution shall issue upon the judgment	107043
upon the request of the tax commissioner, and all laws applicable	107044
to sales on execution shall apply to sales made under the	107045
judgment, except as otherwise provided in sections 5743.01 to	107046
5743.20 of the Revised Code.	107047

~~The portion of~~If the assessment is not paid in its entirety	107048
within sixty days after the assessment was issued, the portion of	107049
the assessment consisting of tax due shall bear interest at the	107050
rate per annum prescribed by section 5703.47 of the Revised Code	107051
from the day the commissioner issues the assessment until it is	107052
paid or until it is certified to the attorney general for	107053
collection under section 131.02 of the Revised Code, whichever	107054
comes first. If the unpaid portion of the assessment is certified	107055
to the attorney general for collection, the entire unpaid portion	107056
of the assessment shall bear interest at the rate per annum	107057
prescribed by section 5703.47 of the Revised Code from the date of	107058
certification until the date it is paid in its entirety. Interest	107059
shall be paid in the same manner as the tax and may be collected	107060
by the issuance of an assessment under this section.	107061

(D) All money collected by the tax commissioner under this	107062
section shall be paid to the treasurer of state, and when paid	107063
shall be considered as revenue arising from the taxes imposed by	107064
sections 5743.01 to 5743.20 of the Revised Code.	107065

Sec. 5743.15. (A) Except as otherwise provided in this	107066
division, no person shall engage in this state in the wholesale or	107067
retail business of trafficking in cigarettes or in the business of	107068
a manufacturer or importer of cigarettes without having a license	107069
to conduct each such activity issued by a county auditor under	107070
division (B) of this section or the tax commissioner under	107071
divisions (C) and (F) of this section. On dissolution of a	107072
partnership by death, the surviving partner may operate under the	107073
license of the partnership until expiration of the license, and	107074
the heirs or legal representatives of deceased persons, and	107075
receivers and trustees in bankruptcy appointed by any competent	107076
authority, may operate under the license of the person succeeded	107077
in possession by such heir, representative, receiver, or trustee	107078
in bankruptcy if the partner or successor notifies the issuer of	107079
the license of the dissolution or succession within thirty days	107080
after the dissolution or succession.	107081

(B)(1) Each applicant for a license to engage in the retail	107082
business of trafficking in cigarettes under this section,	107083
annually, on or before the fourth Monday of May, shall make and	107084
deliver to the county auditor of the county in which the applicant	107085
desires to engage in the retail business of trafficking in	107086
cigarettes, upon a blank form furnished by such auditor for that	107087
purpose, a statement showing the name of the applicant, each	107088
physical place in the county where the applicant's business is	107089
conducted, the nature of the business, and any other information	107090
the tax commissioner requires in the form of statement prescribed	107091
by the commissioner. If the applicant is a firm, partnership, or	107092
association other than a corporation, the application shall state	107093
the name and address of each of its members. If the applicant is a	107094
corporation, the application shall state the name and address of	107095
each of its officers. At the time of making the application	107096
required by this section, every person desiring to engage in the	107097
retail business of trafficking in cigarettes shall pay an	107098
application fee in the sum of one hundred twenty-five dollars for	107099
each physical place where the person proposes to carry on such	107100
business. Each place of business shall be deemed such space, under	107101
lease or license to, or under the control of, or under the	107102
supervision of the applicant, as is contained in one or more	107103
contiguous, adjacent, or adjoining buildings constituting an	107104
industrial plant or a place of business operated by, or under the	107105
control of, one person, or under one roof and connected by doors,	107106
halls, stairways, or elevators, which space may contain any number	107107
of points at which cigarettes are offered for sale, provided that	107108
each additional point at which cigarettes are offered for sale	107109
shall be listed in the application.	107110

(2) Upon receipt of the application and exhibition of the	107111
county treasurer's receipt showing the payment of the application	107112
fee, the county auditor shall issue to the applicant a license for	107113
each place of business designated in the application, authorizing	107114
the applicant to engage in such business at such place for one	107115
year commencing on the fourth Monday of May. The form of the	107116
license shall be prescribed by the commissioner. A duplicate	107117
license may be obtained from the county auditor upon payment of a	107118
five-dollar fee if the original license is lost, destroyed, or	107119
defaced. When an application is filed after the fourth Monday of	107120
May, the application fee required to be paid shall be proportioned	107121
in amount to the remainder of the license year, except that it	107122
shall not be less than twenty-five dollars in any one year.	107123

(3) The holder of a retail dealer's cigarette license may	107124
transfer the license to a place of business within the same county	107125
other than that designated on the license on condition that the	107126
licensee's ownership interest and business structure remain	107127
unchanged, and that the licensee applies to the county auditor	107128
therefor, upon forms approved by the commissioner and the payment	107129
of a fee of five dollars into the county treasury.	107130

(C)(1) Each applicant for a license to engage in the	107131
wholesale business of trafficking in cigarettes under this	107132
section, annually, on or before the fourth Monday in May, shall	107133
make and deliver to the tax commissioner, upon a blank form	107134
furnished by the commissioner for that purpose, a statement	107135
showing the name of the applicant, physical street address where	107136
the applicant's business is conducted, the nature of the business,	107137
and any other information required by the commissioner. If the	107138
applicant is a firm, partnership, or association other than a	107139
corporation, the applicant shall state the name and address of	107140
each of its members. If the applicant is a corporation, the	107141
applicant shall state the name and address of each of its	107142
officers. At the time of making the application required by this	107143
section, every person desiring to engage in the wholesale business	107144
of trafficking in cigarettes shall pay an application fee of one	107145
thousand dollars for each physical place where the person proposes	107146
to carry on such business. Each place of business shall be deemed	107147
such space, under lease or license to, or under the control of, or	107148
under the supervision of the applicant, as is contained in one or	107149
more contiguous, adjacent, or adjoining buildings constituting an	107150
industrial plant or a place of business operated by, or under the	107151
control of, one person, or under one roof and connected by doors,	107152
halls, stairways, or elevators. A duplicate license may be	107153
obtained from the commissioner upon payment of a	107154
twenty-five-dollar fee if the original license is lost, destroyed,	107155
or defaced.	107156

(2) Upon receipt of the application and payment of any	107157
application fee required by this section, the commissioner shall	107158
verify that the applicant is ~~in good standing under~~not in	107159
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	107160
the Revised Code. The commissioner shall also verify that the	107161
applicant has filed any returns, submitted any information, and	107162
paid any outstanding taxes or fees as required by the	107163
commissioner, to the extent that the commissioner is aware of the	107164
returns, information, taxes, or fees at the time of the	107165
application. Upon approval, the commissioner shall issue to the	107166
applicant a license for each physical place of business designated	107167
in the application authorizing the applicant to engage in business	107168
at that location for one year commencing on the fourth Monday in	107169
May. For licenses issued after the fourth Monday in May, the	107170
application fee shall be reduced proportionately by the remainder	107171
of the twelve-month period for which the license is issued, except	107172
that the application fee required to be paid under this section	107173
shall be not less than two hundred dollars in any one year.	107174

(3) The holder of a wholesale dealer cigarette license may	107175
transfer the license to a place of business other than that	107176
designated on the license on condition that the licensee's	107177
ownership or business structure remains unchanged, and that the	107178
licensee applies to the commissioner for such a transfer upon a	107179
form promulgated by the commissioner and pays a fee of twenty-five	107180
dollars, which shall be deposited into the cigarette tax	107181
enforcement fund created in division (E) of this section.	107182

(D)(1) The wholesale cigarette license application fees	107183
collected under this section shall be paid into the cigarette tax	107184
enforcement fund.	107185

(2) The retail cigarette license application fees collected	107186
under this section shall be distributed as follows:	107187

(a) Thirty per cent shall be paid upon the warrant of the	107188
county auditor into the treasury of the municipal corporation or	107189
township in which the places of business for which the tax revenue	107190
was received are located;	107191

(b) Ten per cent shall be credited to the general fund of the	107192
county;	107193

(c) Sixty per cent shall be paid into the cigarette tax	107194
enforcement fund.	107195

(3) The remainder of the revenues and fines collected under	107196
this section and the penal laws relating to cigarettes shall be	107197
distributed as follows:	107198

(a) Three-fourths shall be paid upon the warrant of the	107199
county auditor into the treasury of the municipal corporation or	107200
township in which the place of business, on account of which the	107201
revenues and fines were received, is located;	107202

(b) One-fourth shall be credited to the general fund of the	107203
county.	107204

(E) There is hereby created within the state treasury the	107205
cigarette tax enforcement fund for the purpose of providing funds	107206
to assist in paying the costs of enforcing sections 1333.11 to	107207
1333.21 and Chapter 5743. of the Revised Code.	107208

The portion of cigarette license application fees received by	107209
a county auditor during the annual application period that ends on	107210
the fourth Monday in May and that is required to be deposited in	107211
the cigarette tax enforcement fund shall be sent to the treasurer	107212
of state by the thirtieth day of June each year accompanied by the	107213
form prescribed by the tax commissioner. The portion of cigarette	107214
license application fees received by each county auditor after the	107215
fourth Monday in May and that is required to be deposited in the	107216
cigarette tax enforcement fund shall be sent to the treasurer of	107217
state by the last day of the month following the month in which	107218
such fees were collected.	107219

(F)(1) Every person who desires to engage in the business of	107220
a manufacturer or importer of cigarettes shall, annually, on or	107221
before the fourth Monday of May, make and deliver to the tax	107222
commissioner, upon a blank form furnished by the commissioner for	107223
that purpose, a statement showing the name of the applicant, the	107224
nature of the applicant's business, and any other information	107225
required by the commissioner. If the applicant is a firm,	107226
partnership, or association other than a corporation, the	107227
applicant shall state the name and address of each of its members.	107228
If the applicant is a corporation, the applicant shall state the	107229
name and address of each of its officers.	107230

(2) Upon receipt of the application required under this	107231
section, the commissioner shall verify that the applicant is in	107232
~~good standing under~~not in violation of any provision of Chapter	107233
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	107234
shall also verify that the applicant has filed any returns,	107235
submitted any information, and paid any outstanding taxes or fees	107236
as required by the commissioner, to the extent that the	107237
commissioner is aware of the returns, information, taxes, or fees	107238
at the time of the application. Upon approval, the commissioner	107239
shall issue to the applicant a license authorizing the applicant	107240
to engage in the business of manufacturer or importer, whichever	107241
the case may be, for one year commencing on the fourth Monday of	107242
May.	107243

(3) The issuing of a license under division (F)(1) of this	107244
section to a manufacturer does not excuse a manufacturer from the	107245
certification process required under section 1346.05 of the	107246
Revised Code. A manufacturer who is issued a license under	107247
division (F)(1) of this section and who is not listed on the	107248
directory required under section 1346.05 of the Revised Code shall	107249
not be permitted to sell cigarettes in this state other than to a	107250
licensed cigarette wholesaler for sale outside this state. Such a	107251
manufacturer shall provide documentation to the commissioner	107252
evidencing that the cigarettes are legal for sale in another	107253
state.	107254

(G) The tax commissioner may adopt rules necessary to	107255
administer this section.	107256

Sec. 5743.56. (A) Any person required to pay the tax imposed	107257
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	107258
personally liable for the tax. The tax commissioner may make an	107259
assessment, based upon any information in the commissioner's	107260
possession, against any person who fails to file a return or pay	107261
any tax, interest, or additional charge as required by this	107262
chapter. The commissioner shall give the person assessed written	107263
notice of such assessment in the manner provided in section	107264
5703.37 of the Revised Code. With the notice, the commissioner	107265
shall provide instructions on how to petition for reassessment and	107266
request a hearing on the petition.	107267

(B) When the information in the possession of the tax	107268
commissioner indicates that a person liable for the tax imposed by	107269
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	107270
paid the full amount of tax due, the commissioner may audit a	107271
representative sample of the person's business and may issue an	107272
assessment based on such audit.	107273

(C) A penalty of up to fifteen per cent may be added to all	107274
amounts assessed under this section. The tax commissioner may	107275
adopt rules providing for the imposition and remission of such	107276
penalties.	107277

(D) Unless the person assessed files with the tax	107278
commissioner within sixty days after service of the notice of	107279
assessment, either personally or by certified mail, a written	107280
petition for reassessment signed by the person assessed or that	107281
person's authorized agent having knowledge of the facts, the	107282
assessment becomes final and the amount of the assessment is due	107283
and payable from the person assessed to the treasurer of state. A	107284
petition shall indicate the objections of the person assessed, but	107285
additional objections may be raised in writing if received by the	107286
commissioner prior to the date shown on the final determination.	107287
If the petition has been properly filed, the commissioner shall	107288
proceed under section 5703.60 of the Revised Code.	107289

(E) After an assessment becomes final, if any portion of the	107290
assessment, including accrued interest, remains unpaid, a	107291
certified copy of the tax commissioner's entry making the	107292
assessment final may be filed in the office of the clerk of the	107293
court of common pleas in the county in which the person assessed	107294
resides or in which the person assessed conducts business. If the	107295
person assessed maintains no place of business in this state and	107296
is not a resident of this state, the certified copy of the entry	107297
may be filed in the office of the clerk of the court of common	107298
pleas of Franklin county.	107299

Immediately upon the filing of the entry, the clerk shall	107300
enter a judgment for the state against the person assessed in the	107301
amount shown on the entry. The judgment may be filed by the clerk	107302
in a loose-leaf book entitled "special judgments for state tobacco	107303
products tax," and shall have the same effect as other judgments.	107304
Execution shall issue upon the judgment upon the request of the	107305
commissioner, and all laws applicable to sales on execution shall	107306
apply to sales made under the judgment.	107307

~~The portion of~~If the assessment is not paid in its entirety	107308
within sixty days after the day the assessment is issued, the	107309
portion of the assessment consisting of tax due shall bear	107310
interest at the rate per annum prescribed by section 5703.47 of	107311
the Revised Code from the day the commissioner issues the	107312
assessment until the assessment is paid or until it is certified	107313
to the attorney general for collection under section 131.02 of the	107314
Revised Code, whichever comes first. If the unpaid portion of the	107315
assessment is certified to the attorney general for collection,	107316
the entire unpaid portion of the assessment shall bear interest at	107317
the rate per annum prescribed by section 5703.47 of the Revised	107318
Code from the date of certification until the date it is paid in	107319
its entirety. Interest shall be paid in the same manner as the tax	107320
and may be collected by issuing an assessment under this section.	107321

(F) If the tax commissioner believes that collection of the	107322
tax will be jeopardized unless proceedings to collect or secure	107323
collection of the tax are instituted without delay, the	107324
commissioner may issue a jeopardy assessment against the person	107325
liable for the tax. Immediately upon the issuance of the jeopardy	107326
assessment, the commissioner shall file an entry with the clerk of	107327
the court of common pleas in the manner prescribed by division (E)	107328
of this section. Notice of the jeopardy assessment shall be served	107329
on the person assessed or the legal representative of the person	107330
assessed, as provided in section 5703.37 of the Revised Code,	107331
within five days of the filing of the entry with the clerk. The	107332
total amount assessed is immediately due and payable, unless the	107333
person assessed files a petition for reassessment in accordance	107334
with division (D) of this section and provides security in a form	107335
satisfactory to the commissioner and in an amount sufficient to	107336
satisfy the unpaid balance of the assessment. Full or partial	107337
payment of the assessment does not prejudice the commissioner's	107338
consideration of the petition for reassessment.	107339

(G) All money collected by the tax commissioner under this	107340
section shall be paid to the treasurer of state as revenue arising	107341
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	107342
the Revised Code.	107343

Sec. 5745.12. (A) If any taxpayer required to file a report	107344
under this chapter fails to file the report within the time	107345
prescribed, files an incorrect report, or fails to remit the full	107346
amount of the tax due for the period covered by the report, the	107347
tax commissioner may make an assessment against the taxpayer for	107348
any deficiency for the period for which the report or tax is due,	107349
based upon any information in the commissioner's possession.	107350

The tax commissioner shall not make or issue an assessment	107351
against a taxpayer more than three years after the later of the	107352
final date the report subject to assessment was required to be	107353
filed or the date the report was filed. Such time limit may be	107354
extended if both the taxpayer and the commissioner consent in	107355
writing to the extension. Any such extension shall extend the	107356
three-year time limit in section 5745.11 of the Revised Code for	107357
the same period of time. There shall be no bar or limit to an	107358
assessment against a taxpayer that fails to file a report subject	107359
to assessment as required by this chapter, or that files a	107360
fraudulent report. The commissioner shall give the taxpayer	107361
assessed written notice of the assessment as provided in section	107362
5703.37 of the Revised Code. With the notice, the commissioner	107363
shall provide instructions on how to petition for reassessment and	107364
request a hearing on the petition.	107365

(B) Unless the taxpayer assessed files with the tax	107366
commissioner within sixty days after service of the notice of	107367
assessment, either personally or by certified mail, a written	107368
petition for reassessment signed by the authorized agent of the	107369
taxpayer assessed having knowledge of the facts, the assessment	107370
becomes final, and the amount of the assessment is due and payable	107371
from the taxpayer to the treasurer of state. The petition shall	107372
indicate the taxpayer's objections, but additional objections may	107373
be raised in writing if received by the commissioner prior to the	107374
date shown on the final determination. If the petition has been	107375
properly filed, the commissioner shall proceed under section	107376
5703.60 of the Revised Code.	107377

(C) After an assessment becomes final, if any portion of the	107378
assessment remains unpaid, including accrued interest, a certified	107379
copy of the tax commissioner's entry making the assessment final	107380
may be filed in the office of the clerk of the court of common	107381
pleas in the county in which the taxpayer has an office or place	107382
of business in this state, the county in which the taxpayer's	107383
statutory agent is located, or Franklin county.	107384

Immediately upon the filing of the entry, the clerk shall	107385
enter a judgment against the taxpayer assessed in the amount shown	107386
on the entry. The judgment may be filed by the clerk in a	107387
loose-leaf book entitled "special judgments for municipal income	107388
taxes," and shall have the same effect as other judgments.	107389
Execution shall issue upon the judgment upon the request of the	107390
tax commissioner, and all laws applicable to sales on execution	107391
shall apply to sales made under the judgment.	107392

~~The portion of an~~If the assessment is not paid in its	107393
entirety within sixty days after the day the assessment was	107394
issued, the portion of the assessment consisting of tax due shall	107395
bear interest at the rate per annum prescribed by section 5703.47	107396
of the Revised Code from the day the commissioner issues the	107397
assessment until the assessment is paid or until it is certified	107398
to the attorney general for collection under section 131.02 of the	107399
Revised Code, whichever comes first. If the unpaid portion of the	107400
assessment is certified to the attorney general for collection,	107401
the entire unpaid portion of the assessment shall bear interest at	107402
the rate per annum prescribed by section 5703.47 of the Revised	107403
Code from the date of certification until the date it is paid in	107404
its entirety. Interest shall be paid in the same manner as the tax	107405
and may be collected by issuing an assessment under this section.	107406

(D) All money collected under this section shall be credited	107407
and distributed to the municipal corporation to which the money is	107408
owed based on the assessment issued under this section.	107409

(E) If the tax commissioner believes that collection of the	107410
tax imposed by this chapter will be jeopardized unless proceedings	107411
to collect or secure collection of the tax are instituted without	107412
delay, the commissioner may issue a jeopardy assessment against	107413
the taxpayer liable for the tax. Immediately upon the issuance of	107414
the jeopardy assessment, the commissioner shall file an entry with	107415
the clerk of the court of common pleas in the manner prescribed by	107416
division (C) of this section. Notice of the jeopardy assessment	107417
shall be served on the taxpayer assessed or the taxpayer's legal	107418
representative in the manner provided in section 5703.37 of the	107419
Revised Code within five days of the filing of the entry with the	107420
clerk. The total amount assessed is immediately due and payable,	107421
unless the taxpayer assessed files a petition for reassessment in	107422
accordance with division (B) of this section and provides security	107423
in a form satisfactory to the commissioner and in an amount	107424
sufficient to satisfy the unpaid balance of the assessment. Full	107425
or partial payment of the assessment does not prejudice the	107426
commissioner's consideration of the petition for reassessment.	107427

(F) Notwithstanding the fact that a petition for reassessment	107428
is pending, the taxpayer may pay all or a portion of the	107429
assessment that is the subject of the petition. The acceptance of	107430
a payment by the treasurer of state does not prejudice any claim	107431
for refund upon final determination of the petition.	107432

If upon final determination of the petition an error in the	107433
assessment is corrected by the tax commissioner, upon petition so	107434
filed or pursuant to a decision of the board of tax appeals or any	107435
court to which the determination or decision has been appealed, so	107436
that the amount due from the taxpayer under the corrected	107437
assessment is less than the portion paid, there shall be issued to	107438
the taxpayer, its assigns, or legal representative a refund in the	107439
amount of the overpayment as provided by section 5745.11 of the	107440
Revised Code, with interest on that amount as provided by section	107441
5745.11 of the Revised Code.	107442

Sec. 5747.01. Except as otherwise expressly provided or	107443
clearly appearing from the context, any term used in this chapter	107444
that is not otherwise defined in this section has the same meaning	107445
as when used in a comparable context in the laws of the United	107446
States relating to federal income taxes or if not used in a	107447
comparable context in those laws, has the same meaning as in	107448
section 5733.40 of the Revised Code. Any reference in this chapter	107449
to the Internal Revenue Code includes other laws of the United	107450
States relating to federal income taxes.	107451

As used in this chapter:

107452

(A) "Adjusted gross income" or "Ohio adjusted gross income"	107453
means federal adjusted gross income, as defined and used in the	107454
Internal Revenue Code, adjusted as provided in this section:	107455

(1) Add interest or dividends on obligations or securities of	107456
any state or of any political subdivision or authority of any	107457
state, other than this state and its subdivisions and authorities.	107458

(2) Add interest or dividends on obligations of any	107459
authority, commission, instrumentality, territory, or possession	107460
of the United States to the extent that the interest or dividends	107461
are exempt from federal income taxes but not from state income	107462
taxes.	107463

(3) Deduct interest or dividends on obligations of the United	107464
States and its territories and possessions or of any authority,	107465
commission, or instrumentality of the United States to the extent	107466
that the interest or dividends are included in federal adjusted	107467
gross income but exempt from state income taxes under the laws of	107468
the United States.	107469

(4) Deduct disability and survivor's benefits to the extent	107470
included in federal adjusted gross income.	107471

(5) Deduct benefits under Title II of the Social Security Act	107472
and tier 1 railroad retirement benefits to the extent included in	107473
federal adjusted gross income under section 86 of the Internal	107474
Revenue Code.	107475

(6) In the case of a taxpayer who is a beneficiary of a trust	107476
that makes an accumulation distribution as defined in section 665	107477
of the Internal Revenue Code, add, for the beneficiary's taxable	107478
years beginning before 2002, the portion, if any, of such	107479
distribution that does not exceed the undistributed net income of	107480
the trust for the three taxable years preceding the taxable year	107481
in which the distribution is made to the extent that the portion	107482
was not included in the trust's taxable income for any of the	107483
trust's taxable years beginning in 2002 or thereafter.	107484
"Undistributed net income of a trust" means the taxable income of	107485
the trust increased by (a)(i) the additions to adjusted gross	107486
income required under division (A) of this section and (ii) the	107487
personal exemptions allowed to the trust pursuant to section	107488
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	107489
deductions to adjusted gross income required under division (A) of	107490
this section, (ii) the amount of federal income taxes attributable	107491
to such income, and (iii) the amount of taxable income that has	107492
been included in the adjusted gross income of a beneficiary by	107493
reason of a prior accumulation distribution. Any undistributed net	107494
income included in the adjusted gross income of a beneficiary	107495
shall reduce the undistributed net income of the trust commencing	107496
with the earliest years of the accumulation period.	107497

(7) Deduct the amount of wages and salaries, if any, not	107498
otherwise allowable as a deduction but that would have been	107499
allowable as a deduction in computing federal adjusted gross	107500
income for the taxable year, had the targeted jobs credit allowed	107501
and determined under sections 38, 51, and 52 of the Internal	107502
Revenue Code not been in effect.	107503

(8) Deduct any interest or interest equivalent on public	107504
obligations and purchase obligations to the extent that the	107505
interest or interest equivalent is included in federal adjusted	107506
gross income.	107507

(9) Add any loss or deduct any gain resulting from the sale,	107508
exchange, or other disposition of public obligations to the extent	107509
that the loss has been deducted or the gain has been included in	107510
computing federal adjusted gross income.	107511

(10) Deduct or add amounts, as provided under section 5747.70	107512
of the Revised Code, related to contributions to variable college	107513
savings program accounts made or tuition units purchased pursuant	107514
to Chapter 3334. of the Revised Code.	107515

(11)(a) Deduct, to the extent not otherwise allowable as a	107516
deduction or exclusion in computing federal or Ohio adjusted gross	107517
income for the taxable year, the amount the taxpayer paid during	107518
the taxable year for medical care insurance and qualified	107519
long-term care insurance for the taxpayer, the taxpayer's spouse,	107520
and dependents. No deduction for medical care insurance under	107521
division (A)(11) of this section shall be allowed either to any	107522
taxpayer who is eligible to participate in any subsidized health	107523
plan maintained by any employer of the taxpayer or of the	107524
taxpayer's spouse, or to any taxpayer who is entitled to, or on	107525
application would be entitled to, benefits under part A of Title	107526
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	107527
301, as amended. For the purposes of division (A)(11)(a) of this	107528
section, "subsidized health plan" means a health plan for which	107529
the employer pays any portion of the plan's cost. The deduction	107530
allowed under division (A)(11)(a) of this section shall be the net	107531
of any related premium refunds, related premium reimbursements, or	107532
related insurance premium dividends received during the taxable	107533
year.	107534

(b) Deduct, to the extent not otherwise deducted or excluded	107535
in computing federal or Ohio adjusted gross income during the	107536
taxable year, the amount the taxpayer paid during the taxable	107537
year, not compensated for by any insurance or otherwise, for	107538
medical care of the taxpayer, the taxpayer's spouse, and	107539
dependents, to the extent the expenses exceed seven and one-half	107540
per cent of the taxpayer's federal adjusted gross income.	107541

(c) Deduct, to the extent not otherwise deducted or excluded	107542
in computing federal or Ohio adjusted gross income, any amount	107543
included in federal adjusted gross income under section 105 or not	107544
excluded under section 106 of the Internal Revenue Code solely	107545
because it relates to an accident and health plan for a person who	107546
otherwise would be a "qualifying relative" and thus a "dependent"	107547
under section 152 of the Internal Revenue Code but for the fact	107548
that the person fails to meet the income and support limitations	107549
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	107550

(d) For purposes of division (A)(11) of this section,	107551
"medical care" has the meaning given in section 213 of the	107552
Internal Revenue Code, subject to the special rules, limitations,	107553
and exclusions set forth therein, and "qualified long-term care"	107554
has the same meaning given in section 7702B(c) of the Internal	107555
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	107556
of this section, "dependent" includes a person who otherwise would	107557
be a "qualifying relative" and thus a "dependent" under section	107558
152 of the Internal Revenue Code but for the fact that the person	107559
fails to meet the income and support limitations under section	107560
152(d)(1)(B) and (C) of the Internal Revenue Code.	107561

(12)(a) Deduct any amount included in federal adjusted gross	107562
income solely because the amount represents a reimbursement or	107563
refund of expenses that in any year the taxpayer had deducted as	107564
an itemized deduction pursuant to section 63 of the Internal	107565
Revenue Code and applicable United States department of the	107566
treasury regulations. The deduction otherwise allowed under	107567
division (A)(12)(a) of this section shall be reduced to the extent	107568
the reimbursement is attributable to an amount the taxpayer	107569
deducted under this section in any taxable year.	107570

(b) Add any amount not otherwise included in Ohio adjusted	107571
gross income for any taxable year to the extent that the amount is	107572
attributable to the recovery during the taxable year of any amount	107573
deducted or excluded in computing federal or Ohio adjusted gross	107574
income in any taxable year.	107575

(13) Deduct any portion of the deduction described in section	107576
1341(a)(2) of the Internal Revenue Code, for repaying previously	107577
reported income received under a claim of right, that meets both	107578
of the following requirements:	107579

(a) It is allowable for repayment of an item that was	107580
included in the taxpayer's adjusted gross income for a prior	107581
taxable year and did not qualify for a credit under division (A)	107582
or (B) of section 5747.05 of the Revised Code for that year;	107583

(b) It does not otherwise reduce the taxpayer's adjusted	107584
gross income for the current or any other taxable year.	107585

(14) Deduct an amount equal to the deposits made to, and net	107586
investment earnings of, a medical savings account during the	107587
taxable year, in accordance with section 3924.66 of the Revised	107588
Code. The deduction allowed by division (A)(14) of this section	107589
does not apply to medical savings account deposits and earnings	107590
otherwise deducted or excluded for the current or any other	107591
taxable year from the taxpayer's federal adjusted gross income.	107592

(15)(a) Add an amount equal to the funds withdrawn from a	107593
medical savings account during the taxable year, and the net	107594
investment earnings on those funds, when the funds withdrawn were	107595
used for any purpose other than to reimburse an account holder	107596
for, or to pay, eligible medical expenses, in accordance with	107597
section 3924.66 of the Revised Code;	107598

(b) Add the amounts distributed from a medical savings	107599
account under division (A)(2) of section 3924.68 of the Revised	107600
Code during the taxable year.	107601

(16) Add any amount claimed as a credit under section	107602
5747.059 or 5747.65 of the Revised Code to the extent that such	107603
amount satisfies either of the following:	107604

(a) The amount was deducted or excluded from the computation	107605
of the taxpayer's federal adjusted gross income as required to be	107606
reported for the taxpayer's taxable year under the Internal	107607
Revenue Code;	107608

(b) The amount resulted in a reduction of the taxpayer's	107609
federal adjusted gross income as required to be reported for any	107610
of the taxpayer's taxable years under the Internal Revenue Code.	107611

(17) Deduct the amount contributed by the taxpayer to an	107612
individual development account program established by a county	107613
department of job and family services pursuant to sections 329.11	107614
to 329.14 of the Revised Code for the purpose of matching funds	107615
deposited by program participants. On request of the tax	107616
commissioner, the taxpayer shall provide any information that, in	107617
the tax commissioner's opinion, is necessary to establish the	107618
amount deducted under division (A)(17) of this section.	107619

(18) Beginning in taxable year 2001 but not for any taxable	107620
year beginning after December 31, 2005, if the taxpayer is married	107621
and files a joint return and the combined federal adjusted gross	107622
income of the taxpayer and the taxpayer's spouse for the taxable	107623
year does not exceed one hundred thousand dollars, or if the	107624
taxpayer is single and has a federal adjusted gross income for the	107625
taxable year not exceeding fifty thousand dollars, deduct amounts	107626
paid during the taxable year for qualified tuition and fees paid	107627
to an eligible institution for the taxpayer, the taxpayer's	107628
spouse, or any dependent of the taxpayer, who is a resident of	107629
this state and is enrolled in or attending a program that	107630
culminates in a degree or diploma at an eligible institution. The	107631
deduction may be claimed only to the extent that qualified tuition	107632
and fees are not otherwise deducted or excluded for any taxable	107633
year from federal or Ohio adjusted gross income. The deduction may	107634
not be claimed for educational expenses for which the taxpayer	107635
claims a credit under section 5747.27 of the Revised Code.	107636

(19) Add any reimbursement received during the taxable year	107637
of any amount the taxpayer deducted under division (A)(18) of this	107638
section in any previous taxable year to the extent the amount is	107639
not otherwise included in Ohio adjusted gross income.	107640

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	107641
(v) of this section, add five-sixths of the amount of depreciation	107642
expense allowed by subsection (k) of section 168 of the Internal	107643
Revenue Code, including the taxpayer's proportionate or	107644
distributive share of the amount of depreciation expense allowed	107645
by that subsection to a pass-through entity in which the taxpayer	107646
has a direct or indirect ownership interest.	107647

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	107648
this section, add five-sixths of the amount of qualifying section	107649
179 depreciation expense, including the taxpayer's proportionate	107650
or distributive share of the amount of qualifying section 179	107651
depreciation expense allowed to any pass-through entity in which	107652
the taxpayer has a direct or indirect ownership interest.	107653

(iii) Subject to division (A)(20)(a)(v) of this section, for	107654
taxable years beginning in 2012 or thereafter, if the increase in	107655
income taxes withheld by the taxpayer is equal to or greater than	107656
ten per cent of income taxes withheld by the taxpayer during the	107657
taxpayer's immediately preceding taxable year, "two-thirds" shall	107658
be substituted for "five-sixths" for the purpose of divisions	107659
(A)(20)(a)(i) and (ii) of this section.	107660

(iv) Subject to division (A)(20)(a)(v) of this section, for	107661
taxable years beginning in 2012 or thereafter, a taxpayer is not	107662
required to add an amount under division (A)(20) of this section	107663
if the increase in income taxes withheld by the taxpayer and by	107664
any pass-through entity in which the taxpayer has a direct or	107665
indirect ownership interest is equal to or greater than the sum of	107666
(I) the amount of qualifying section 179 depreciation expense and	107667
(II) the amount of depreciation expense allowed to the taxpayer by	107668
subsection (k) of section 168 of the Internal Revenue Code, and	107669
including the taxpayer's proportionate or distributive shares of	107670
such amounts allowed to any such pass-through entities.	107671

(v) If a taxpayer directly or indirectly incurs a net	107672
operating loss for the taxable year for federal income tax	107673
purposes, to the extent such loss resulted from depreciation	107674
expense allowed by subsection (k) of section 168 of the Internal	107675
Revenue Code and by qualifying section 179 depreciation expense,	107676
"the entire" shall be substituted for "five-sixths of the" for the	107677
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	107678

The tax commissioner, under procedures established by the	107679
commissioner, may waive the add-backs related to a pass-through	107680
entity if the taxpayer owns, directly or indirectly, less than	107681
five per cent of the pass-through entity.	107682

(b) Nothing in division (A)(20) of this section shall be	107683
construed to adjust or modify the adjusted basis of any asset.	107684

(c) To the extent the add-back required under division	107685
(A)(20)(a) of this section is attributable to property generating	107686
nonbusiness income or loss allocated under section 5747.20 of the	107687
Revised Code, the add-back shall be sitused to the same location	107688
as the nonbusiness income or loss generated by the property for	107689
the purpose of determining the credit under division (A) of	107690
section 5747.05 of the Revised Code. Otherwise, the add-back shall	107691
be apportioned, subject to one or more of the four alternative	107692
methods of apportionment enumerated in section 5747.21 of the	107693
Revised Code.	107694

(d) For the purposes of division (A)(20)(a)(v) of this	107695
section, net operating loss carryback and carryforward shall not	107696
include the allowance of any net operating loss deduction	107697
carryback or carryforward to the taxable year to the extent such	107698
loss resulted from depreciation allowed by section 168(k) of the	107699
Internal Revenue Code and by the qualifying section 179	107700
depreciation expense amount.	107701

(e) For the purposes of divisions (A)(20) and (21) of this	107702
section:	107703

(i) "Income taxes withheld" means the total amount withheld	107704
and remitted under sections 5747.06 and 5747.07 of the Revised	107705
Code by an employer during the employer's taxable year.	107706

(ii) "Increase in income taxes withheld" means the amount by	107707
which the amount of income taxes withheld by an employer during	107708
the employer's current taxable year exceeds the amount of income	107709
taxes withheld by that employer during the employer's immediately	107710
preceding taxable year.	107711

(iii) "Qualifying section 179 depreciation expense" means the	107712
difference between (I) the amount of depreciation expense directly	107713
or indirectly allowed to a taxpayer under section 179 of the	107714
Internal Revised Code, and (II) the amount of depreciation expense	107715
directly or indirectly allowed to the taxpayer under section 179	107716
of the Internal Revenue Code as that section existed on December	107717
31, 2002.	107718

(21)(a) If the taxpayer was required to add an amount under	107719
division (A)(20)(a) of this section for a taxable year, deduct one	107720
of the following:	107721

(i) One-fifth of the amount so added for each of the five	107722
succeeding taxable years if the amount so added was five-sixths of	107723
qualifying section 179 depreciation expense or depreciation	107724
expense allowed by subsection (k) of section 168 of the Internal	107725
Revenue Code;	107726

(ii) One-half of the amount so added for each of the two	107727
succeeding taxable years if the amount so added was two-thirds of	107728
such depreciation expense;	107729

(iii) One-sixth of the amount so added for each of the six	107730
succeeding taxable years if the entire amount of such depreciation	107731
expense was so added.	107732

(b) If the amount deducted under division (A)(21)(a) of this	107733
section is attributable to an add-back allocated under division	107734
(A)(20)(c) of this section, the amount deducted shall be sitused	107735
to the same location. Otherwise, the add-back shall be apportioned	107736
using the apportionment factors for the taxable year in which the	107737
deduction is taken, subject to one or more of the four alternative	107738
methods of apportionment enumerated in section 5747.21 of the	107739
Revised Code.	107740

(c) No deduction is available under division (A)(21)(a) of	107741
this section with regard to any depreciation allowed by section	107742
168(k) of the Internal Revenue Code and by the qualifying section	107743
179 depreciation expense amount to the extent that such	107744
depreciation results in or increases a federal net operating loss	107745
carryback or carryforward. If no such deduction is available for a	107746
taxable year, the taxpayer may carry forward the amount not	107747
deducted in such taxable year to the next taxable year and add	107748
that amount to any deduction otherwise available under division	107749
(A)(21)(a) of this section for that next taxable year. The	107750
carryforward of amounts not so deducted shall continue until the	107751
entire addition required by division (A)(20)(a) of this section	107752
has been deducted.	107753

(d) No refund shall be allowed as a result of adjustments	107754
made by division (A)(21) of this section.	107755

(22) Deduct, to the extent not otherwise deducted or excluded	107756
in computing federal or Ohio adjusted gross income for the taxable	107757
year, the amount the taxpayer received during the taxable year as	107758
reimbursement for life insurance premiums under section 5919.31 of	107759
the Revised Code.	107760

(23) Deduct, to the extent not otherwise deducted or excluded	107761
in computing federal or Ohio adjusted gross income for the taxable	107762
year, the amount the taxpayer received during the taxable year as	107763
a death benefit paid by the adjutant general under section 5919.33	107764
of the Revised Code.	107765

(24) Deduct, to the extent included in federal adjusted gross	107766
income and not otherwise allowable as a deduction or exclusion in	107767
computing federal or Ohio adjusted gross income for the taxable	107768
year, military pay and allowances received by the taxpayer during	107769
the taxable year for active duty service in the United States	107770
army, air force, navy, marine corps, or coast guard or reserve	107771
components thereof or the national guard. The deduction may not be	107772
claimed for military pay and allowances received by the taxpayer	107773
while the taxpayer is stationed in this state.	107774

(25) Deduct, to the extent not otherwise allowable as a	107775
deduction or exclusion in computing federal or Ohio adjusted gross	107776
income for the taxable year and not otherwise compensated for by	107777
any other source, the amount of qualified organ donation expenses	107778
incurred by the taxpayer during the taxable year, not to exceed	107779
ten thousand dollars. A taxpayer may deduct qualified organ	107780
donation expenses only once for all taxable years beginning with	107781
taxable years beginning in 2007.	107782

For the purposes of division (A)(25) of this section:

107783

(a) "Human organ" means all or any portion of a human liver,	107784
pancreas, kidney, intestine, or lung, and any portion of human	107785
bone marrow.	107786

(b) "Qualified organ donation expenses" means travel	107787
expenses, lodging expenses, and wages and salary forgone by a	107788
taxpayer in connection with the taxpayer's donation, while living,	107789
of one or more of the taxpayer's human organs to another human	107790
being.	107791

(26) Deduct, to the extent not otherwise deducted or excluded	107792
in computing federal or Ohio adjusted gross income for the taxable	107793
year, amounts received by the taxpayer as retired ~~military~~	107794
personnel pay for service in the ~~United States army, navy, air~~	107795
~~force, coast guard, or marine corps~~uniformed services or reserve	107796
components thereof, or the national guard, or received by the	107797
surviving spouse or former spouse of such a taxpayer under the	107798
survivor benefit plan on account of such a taxpayer's death. If	107799
the taxpayer receives income on account of retirement paid under	107800
the federal civil service retirement system or federal employees	107801
retirement system, or under any successor retirement program	107802
enacted by the congress of the United States that is established	107803
and maintained for retired employees of the United States	107804
government, and such retirement income is based, in whole or in	107805
part, on credit for the taxpayer's ~~military~~uniformed service, the	107806
deduction allowed under this division shall include only that	107807
portion of such retirement income that is attributable to the	107808
taxpayer's ~~military~~uniformed service, to the extent that portion	107809
of such retirement income is otherwise included in federal	107810
adjusted gross income and is not otherwise deducted under this	107811
section. Any amount deducted under division (A)(26) of this	107812
section is not included in a taxpayer's adjusted gross income for	107813
the purposes of section 5747.055 of the Revised Code. No amount	107814
may be deducted under division (A)(26) of this section on the	107815
basis of which a credit was claimed under section 5747.055 of the	107816
Revised Code.	107817

(27) Deduct, to the extent not otherwise deducted or excluded	107818
in computing federal or Ohio adjusted gross income for the taxable	107819
year, the amount the taxpayer received during the taxable year	107820
from the military injury relief fund created in section 5101.98 of	107821
the Revised Code.	107822

(28) Deduct, to the extent not otherwise deducted or excluded	107823
in computing federal or Ohio adjusted gross income for the taxable	107824
year, the amount the taxpayer received as a veterans bonus during	107825
the taxable year from the Ohio department of veterans services as	107826
authorized by Section 2r of Article VIII, Ohio Constitution.	107827

(29) Deduct, to the extent not otherwise deducted or excluded	107828
in computing federal or Ohio adjusted gross income for the taxable	107829
year, any loss from wagering transactions that is allowed as an	107830
itemized deduction under section 165 of the Internal Revenue Code	107831
and that the taxpayer deducted in computing federal taxable	107832
income.	107833

(30) Deduct, to the extent not otherwise deducted or excluded	107834
in computing federal or Ohio adjusted gross income for the taxable	107835
year, any income derived from providing public services under a	107836
contract through a project owned by the state, as described in	107837
section 126.604 of the Revised Code or derived from a transfer	107838
agreement or from the enterprise transferred under that agreement	107839
under section 4313.02 of the Revised Code.	107840

(31) Deduct, to the extent not otherwise deducted or excluded	107841
in computing federal or Ohio adjusted gross income for the taxable	107842
year, Ohio college opportunity or federal Pell grant amounts	107843
received by the taxpayer or the taxpayer's spouse or dependent	107844
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	107845
1070a, et seq., and used to pay room or board furnished by the	107846
educational institution for which the grant was awarded at the	107847
institution's facilities, including meal plans administered by the	107848
institution. For the purposes of this division, receipt of a grant	107849
includes the distribution of a grant directly to an educational	107850
institution and the crediting of the grant to the enrollee's	107851
account with the institution.	107852

(B) "Business income" means income, including gain or loss,	107853
arising from transactions, activities, and sources in the regular	107854
course of a trade or business and includes income, gain, or loss	107855
from real property, tangible property, and intangible property if	107856
the acquisition, rental, management, and disposition of the	107857
property constitute integral parts of the regular course of a	107858
trade or business operation. "Business income" includes income,	107859
including gain or loss, from a partial or complete liquidation of	107860
a business, including, but not limited to, gain or loss from the	107861
sale or other disposition of goodwill.	107862

(C) "Nonbusiness income" means all income other than business	107863
income and may include, but is not limited to, compensation, rents	107864
and royalties from real or tangible personal property, capital	107865
gains, interest, dividends and distributions, patent or copyright	107866
royalties, or lottery winnings, prizes, and awards.	107867

(D) "Compensation" means any form of remuneration paid to an	107868
employee for personal services.	107869

(E) "Fiduciary" means a guardian, trustee, executor,	107870
administrator, receiver, conservator, or any other person acting	107871
in any fiduciary capacity for any individual, trust, or estate.	107872

(F) "Fiscal year" means an accounting period of twelve months	107873
ending on the last day of any month other than December.	107874

(G) "Individual" means any natural person.

107875

(H) "Internal Revenue Code" means the "Internal Revenue Code	107876
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	107877

(I) "Resident" means any of the following, provided that	107878
division (I)(3) of this section applies only to taxable years of a	107879
trust beginning in 2002 or thereafter:	107880

(1) An individual who is domiciled in this state, subject to	107881
section 5747.24 of the Revised Code;	107882

(2) The estate of a decedent who at the time of death was	107883
domiciled in this state. The domicile tests of section 5747.24 of	107884
the Revised Code are not controlling for purposes of division	107885
(I)(2) of this section.	107886

(3) A trust that, in whole or part, resides in this state. If	107887
only part of a trust resides in this state, the trust is a	107888
resident only with respect to that part.	107889

For the purposes of division (I)(3) of this section:

107890

(a) A trust resides in this state for the trust's current	107891
taxable year to the extent, as described in division (I)(3)(d) of	107892
this section, that the trust consists directly or indirectly, in	107893
whole or in part, of assets, net of any related liabilities, that	107894
were transferred, or caused to be transferred, directly or	107895
indirectly, to the trust by any of the following:	107896

(i) A person, a court, or a governmental entity or	107897
instrumentality on account of the death of a decedent, but only if	107898
the trust is described in division (I)(3)(e)(i) or (ii) of this	107899
section;	107900

(ii) A person who was domiciled in this state for the	107901
purposes of this chapter when the person directly or indirectly	107902
transferred assets to an irrevocable trust, but only if at least	107903
one of the trust's qualifying beneficiaries is domiciled in this	107904
state for the purposes of this chapter during all or some portion	107905
of the trust's current taxable year;	107906

(iii) A person who was domiciled in this state for the	107907
purposes of this chapter when the trust document or instrument or	107908
part of the trust document or instrument became irrevocable, but	107909
only if at least one of the trust's qualifying beneficiaries is a	107910
resident domiciled in this state for the purposes of this chapter	107911
during all or some portion of the trust's current taxable year. If	107912
a trust document or instrument became irrevocable upon the death	107913
of a person who at the time of death was domiciled in this state	107914
for purposes of this chapter, that person is a person described in	107915
division (I)(3)(a)(iii) of this section.	107916

(b) A trust is irrevocable to the extent that the transferor	107917
is not considered to be the owner of the net assets of the trust	107918
under sections 671 to 678 of the Internal Revenue Code.	107919

(c) With respect to a trust other than a charitable lead	107920
trust, "qualifying beneficiary" has the same meaning as "potential	107921
current beneficiary" as defined in section 1361(e)(2) of the	107922
Internal Revenue Code, and with respect to a charitable lead trust	107923
"qualifying beneficiary" is any current, future, or contingent	107924
beneficiary, but with respect to any trust "qualifying	107925
beneficiary" excludes a person or a governmental entity or	107926
instrumentality to any of which a contribution would qualify for	107927
the charitable deduction under section 170 of the Internal Revenue	107928
Code.	107929

(d) For the purposes of division (I)(3)(a) of this section,	107930
the extent to which a trust consists directly or indirectly, in	107931
whole or in part, of assets, net of any related liabilities, that	107932
were transferred directly or indirectly, in whole or part, to the	107933
trust by any of the sources enumerated in that division shall be	107934
ascertained by multiplying the fair market value of the trust's	107935
assets, net of related liabilities, by the qualifying ratio, which	107936
shall be computed as follows:	107937

(i) The first time the trust receives assets, the numerator	107938
of the qualifying ratio is the fair market value of those assets	107939
at that time, net of any related liabilities, from sources	107940
enumerated in division (I)(3)(a) of this section. The denominator	107941
of the qualifying ratio is the fair market value of all the	107942
trust's assets at that time, net of any related liabilities.	107943

(ii) Each subsequent time the trust receives assets, a	107944
revised qualifying ratio shall be computed. The numerator of the	107945
revised qualifying ratio is the sum of (1) the fair market value	107946
of the trust's assets immediately prior to the subsequent	107947
transfer, net of any related liabilities, multiplied by the	107948
qualifying ratio last computed without regard to the subsequent	107949
transfer, and (2) the fair market value of the subsequently	107950
transferred assets at the time transferred, net of any related	107951
liabilities, from sources enumerated in division (I)(3)(a) of this	107952
section. The denominator of the revised qualifying ratio is the	107953
fair market value of all the trust's assets immediately after the	107954
subsequent transfer, net of any related liabilities.	107955

(iii) Whether a transfer to the trust is by or from any of	107956
the sources enumerated in division (I)(3)(a) of this section shall	107957
be ascertained without regard to the domicile of the trust's	107958
beneficiaries.	107959

(e) For the purposes of division (I)(3)(a)(i) of this	107960
section:	107961

(i) A trust is described in division (I)(3)(e)(i) of this	107962
section if the trust is a testamentary trust and the testator of	107963
that testamentary trust was domiciled in this state at the time of	107964
the testator's death for purposes of the taxes levied under	107965
Chapter 5731. of the Revised Code.	107966

(ii) A trust is described in division (I)(3)(e)(ii) of this	107967
section if the transfer is a qualifying transfer described in any	107968
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	107969
irrevocable inter vivos trust, and at least one of the trust's	107970
qualifying beneficiaries is domiciled in this state for purposes	107971
of this chapter during all or some portion of the trust's current	107972
taxable year.	107973

(f) For the purposes of division (I)(3)(e)(ii) of this	107974
section, a "qualifying transfer" is a transfer of assets, net of	107975
any related liabilities, directly or indirectly to a trust, if the	107976
transfer is described in any of the following:	107977

(i) The transfer is made to a trust, created by the decedent	107978
before the decedent's death and while the decedent was domiciled	107979
in this state for the purposes of this chapter, and, prior to the	107980
death of the decedent, the trust became irrevocable while the	107981
decedent was domiciled in this state for the purposes of this	107982
chapter.	107983

(ii) The transfer is made to a trust to which the decedent,	107984
prior to the decedent's death, had directly or indirectly	107985
transferred assets, net of any related liabilities, while the	107986
decedent was domiciled in this state for the purposes of this	107987
chapter, and prior to the death of the decedent the trust became	107988
irrevocable while the decedent was domiciled in this state for the	107989
purposes of this chapter.	107990

(iii) The transfer is made on account of a contractual	107991
relationship existing directly or indirectly between the	107992
transferor and either the decedent or the estate of the decedent	107993
at any time prior to the date of the decedent's death, and the	107994
decedent was domiciled in this state at the time of death for	107995
purposes of the taxes levied under Chapter 5731. of the Revised	107996
Code.	107997

(iv) The transfer is made to a trust on account of a	107998
contractual relationship existing directly or indirectly between	107999
the transferor and another person who at the time of the	108000
decedent's death was domiciled in this state for purposes of this	108001
chapter.	108002

(v) The transfer is made to a trust on account of the will of	108003
a testator who was domiciled in this state at the time of the	108004
testator's death for purposes of the taxes levied under Chapter	108005
5731. of the Revised Code.	108006

(vi) The transfer is made to a trust created by or caused to	108007
be created by a court, and the trust was directly or indirectly	108008
created in connection with or as a result of the death of an	108009
individual who, for purposes of the taxes levied under Chapter	108010
5731. of the Revised Code, was domiciled in this state at the time	108011
of the individual's death.	108012

(g) The tax commissioner may adopt rules to ascertain the	108013
part of a trust residing in this state.	108014

(J) "Nonresident" means an individual or estate that is not a	108015
resident. An individual who is a resident for only part of a	108016
taxable year is a nonresident for the remainder of that taxable	108017
year.	108018

(K) "Pass-through entity" has the same meaning as in section	108019
5733.04 of the Revised Code.	108020

(L) "Return" means the notifications and reports required to	108021
be filed pursuant to this chapter for the purpose of reporting the	108022
tax due and includes declarations of estimated tax when so	108023
required.	108024

(M) "Taxable year" means the calendar year or the taxpayer's	108025
fiscal year ending during the calendar year, or fractional part	108026
thereof, upon which the adjusted gross income is calculated	108027
pursuant to this chapter.	108028

(N) "Taxpayer" means any person subject to the tax imposed by	108029
section 5747.02 of the Revised Code or any pass-through entity	108030
that makes the election under division (D) of section 5747.08 of	108031
the Revised Code.	108032

(O) "Dependents" means dependents as defined in the Internal	108033
Revenue Code and as claimed in the taxpayer's federal income tax	108034
return for the taxable year or which the taxpayer would have been	108035
permitted to claim had the taxpayer filed a federal income tax	108036
return.	108037

(P) "Principal county of employment" means, in the case of a	108038
nonresident, the county within the state in which a taxpayer	108039
performs services for an employer or, if those services are	108040
performed in more than one county, the county in which the major	108041
portion of the services are performed.	108042

(Q) As used in sections 5747.50 to 5747.55 of the Revised	108043
Code:	108044

(1) "Subdivision" means any county, municipal corporation,	108045
park district, or township.	108046

(2) "Essential local government purposes" includes all	108047
functions that any subdivision is required by general law to	108048
exercise, including like functions that are exercised under a	108049
charter adopted pursuant to the Ohio Constitution.	108050

(R) "Overpayment" means any amount already paid that exceeds	108051
the figure determined to be the correct amount of the tax.	108052

(S) "Taxable income" or "Ohio taxable income" applies only to	108053
estates and trusts, and means federal taxable income, as defined	108054
and used in the Internal Revenue Code, adjusted as follows:	108055

(1) Add interest or dividends, net of ordinary, necessary,	108056
and reasonable expenses not deducted in computing federal taxable	108057
income, on obligations or securities of any state or of any	108058
political subdivision or authority of any state, other than this	108059
state and its subdivisions and authorities, but only to the extent	108060
that such net amount is not otherwise includible in Ohio taxable	108061
income and is described in either division (S)(1)(a) or (b) of	108062
this section:	108063

(a) The net amount is not attributable to the S portion of an	108064
electing small business trust and has not been distributed to	108065
beneficiaries for the taxable year;	108066

(b) The net amount is attributable to the S portion of an	108067
electing small business trust for the taxable year.	108068

(2) Add interest or dividends, net of ordinary, necessary,	108069
and reasonable expenses not deducted in computing federal taxable	108070
income, on obligations of any authority, commission,	108071
instrumentality, territory, or possession of the United States to	108072
the extent that the interest or dividends are exempt from federal	108073
income taxes but not from state income taxes, but only to the	108074
extent that such net amount is not otherwise includible in Ohio	108075
taxable income and is described in either division (S)(1)(a) or	108076
(b) of this section;	108077

(3) Add the amount of personal exemption allowed to the	108078
estate pursuant to section 642(b) of the Internal Revenue Code;	108079

(4) Deduct interest or dividends, net of related expenses	108080
deducted in computing federal taxable income, on obligations of	108081
the United States and its territories and possessions or of any	108082
authority, commission, or instrumentality of the United States to	108083
the extent that the interest or dividends are exempt from state	108084
taxes under the laws of the United States, but only to the extent	108085
that such amount is included in federal taxable income and is	108086
described in either division (S)(1)(a) or (b) of this section;	108087

(5) Deduct the amount of wages and salaries, if any, not	108088
otherwise allowable as a deduction but that would have been	108089
allowable as a deduction in computing federal taxable income for	108090
the taxable year, had the targeted jobs credit allowed under	108091
sections 38, 51, and 52 of the Internal Revenue Code not been in	108092
effect, but only to the extent such amount relates either to	108093
income included in federal taxable income for the taxable year or	108094
to income of the S portion of an electing small business trust for	108095
the taxable year;	108096

(6) Deduct any interest or interest equivalent, net of	108097
related expenses deducted in computing federal taxable income, on	108098
public obligations and purchase obligations, but only to the	108099
extent that such net amount relates either to income included in	108100
federal taxable income for the taxable year or to income of the S	108101
portion of an electing small business trust for the taxable year;	108102

(7) Add any loss or deduct any gain resulting from sale,	108103
exchange, or other disposition of public obligations to the extent	108104
that such loss has been deducted or such gain has been included in	108105
computing either federal taxable income or income of the S portion	108106
of an electing small business trust for the taxable year;	108107

(8) Except in the case of the final return of an estate, add	108108
any amount deducted by the taxpayer on both its Ohio estate tax	108109
return pursuant to section 5731.14 of the Revised Code, and on its	108110
federal income tax return in determining federal taxable income;	108111

(9)(a) Deduct any amount included in federal taxable income	108112
solely because the amount represents a reimbursement or refund of	108113
expenses that in a previous year the decedent had deducted as an	108114
itemized deduction pursuant to section 63 of the Internal Revenue	108115
Code and applicable treasury regulations. The deduction otherwise	108116
allowed under division (S)(9)(a) of this section shall be reduced	108117
to the extent the reimbursement is attributable to an amount the	108118
taxpayer or decedent deducted under this section in any taxable	108119
year.	108120

(b) Add any amount not otherwise included in Ohio taxable	108121
income for any taxable year to the extent that the amount is	108122
attributable to the recovery during the taxable year of any amount	108123
deducted or excluded in computing federal or Ohio taxable income	108124
in any taxable year, but only to the extent such amount has not	108125
been distributed to beneficiaries for the taxable year.	108126

(10) Deduct any portion of the deduction described in section	108127
1341(a)(2) of the Internal Revenue Code, for repaying previously	108128
reported income received under a claim of right, that meets both	108129
of the following requirements:	108130

(a) It is allowable for repayment of an item that was	108131
included in the taxpayer's taxable income or the decedent's	108132
adjusted gross income for a prior taxable year and did not qualify	108133
for a credit under division (A) or (B) of section 5747.05 of the	108134
Revised Code for that year.	108135

(b) It does not otherwise reduce the taxpayer's taxable	108136
income or the decedent's adjusted gross income for the current or	108137
any other taxable year.	108138

(11) Add any amount claimed as a credit under section	108139
5747.059 or 5747.65 of the Revised Code to the extent that the	108140
amount satisfies either of the following:	108141

(a) The amount was deducted or excluded from the computation	108142
of the taxpayer's federal taxable income as required to be	108143
reported for the taxpayer's taxable year under the Internal	108144
Revenue Code;	108145

(b) The amount resulted in a reduction in the taxpayer's	108146
federal taxable income as required to be reported for any of the	108147
taxpayer's taxable years under the Internal Revenue Code.	108148

(12) Deduct any amount, net of related expenses deducted in	108149
computing federal taxable income, that a trust is required to	108150
report as farm income on its federal income tax return, but only	108151
if the assets of the trust include at least ten acres of land	108152
satisfying the definition of "land devoted exclusively to	108153
agricultural use" under section 5713.30 of the Revised Code,	108154
regardless of whether the land is valued for tax purposes as such	108155
land under sections 5713.30 to 5713.38 of the Revised Code. If the	108156
trust is a pass-through entity investor, section 5747.231 of the	108157
Revised Code applies in ascertaining if the trust is eligible to	108158
claim the deduction provided by division (S)(12) of this section	108159
in connection with the pass-through entity's farm income.	108160

Except for farm income attributable to the S portion of an	108161
electing small business trust, the deduction provided by division	108162
(S)(12) of this section is allowed only to the extent that the	108163
trust has not distributed such farm income. Division (S)(12) of	108164
this section applies only to taxable years of a trust beginning in	108165
2002 or thereafter.	108166

(13) Add the net amount of income described in section 641(c)	108167
of the Internal Revenue Code to the extent that amount is not	108168
included in federal taxable income.	108169

(14) Add or deduct the amount the taxpayer would be required	108170
to add or deduct under division (A)(20) or (21) of this section if	108171
the taxpayer's Ohio taxable income were computed in the same	108172
manner as an individual's Ohio adjusted gross income is computed	108173
under this section. In the case of a trust, division (S)(14) of	108174
this section applies only to any of the trust's taxable years	108175
beginning in 2002 or thereafter.	108176

(T) "School district income" and "school district income tax"	108177
have the same meanings as in section 5748.01 of the Revised Code.	108178

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	108179
of this section, "public obligations," "purchase obligations," and	108180
"interest or interest equivalent" have the same meanings as in	108181
section 5709.76 of the Revised Code.	108182

(V) "Limited liability company" means any limited liability	108183
company formed under Chapter 1705. of the Revised Code or under	108184
the laws of any other state.	108185

(W) "Pass-through entity investor" means any person who,	108186
during any portion of a taxable year of a pass-through entity, is	108187
a partner, member, shareholder, or equity investor in that	108188
pass-through entity.	108189

(X) "Banking day" has the same meaning as in section 1304.01	108190
of the Revised Code.	108191

(Y) "Month" means a calendar month.

108192

(Z) "Quarter" means the first three months, the second three	108193
months, the third three months, or the last three months of the	108194
taxpayer's taxable year.	108195

(AA)(1) "Eligible institution" means a state university or	108196
state institution of higher education as defined in section	108197
3345.011 of the Revised Code, or a private, nonprofit college,	108198
university, or other post-secondary institution located in this	108199
state that possesses a certificate of authorization issued by the	108200
Ohio board of regents pursuant to Chapter 1713. of the Revised	108201
Code or a certificate of registration issued by the state board of	108202
career colleges and schools under Chapter 3332. of the Revised	108203
Code.	108204

(2) "Qualified tuition and fees" means tuition and fees	108205
imposed by an eligible institution as a condition of enrollment or	108206
attendance, not exceeding two thousand five hundred dollars in	108207
each of the individual's first two years of post-secondary	108208
education. If the individual is a part-time student, "qualified	108209
tuition and fees" includes tuition and fees paid for the academic	108210
equivalent of the first two years of post-secondary education	108211
during a maximum of five taxable years, not exceeding a total of	108212
five thousand dollars. "Qualified tuition and fees" does not	108213
include:	108214

(a) Expenses for any course or activity involving sports,	108215
games, or hobbies unless the course or activity is part of the	108216
individual's degree or diploma program;	108217

(b) The cost of books, room and board, student activity fees,	108218
athletic fees, insurance expenses, or other expenses unrelated to	108219
the individual's academic course of instruction;	108220

(c) Tuition, fees, or other expenses paid or reimbursed	108221
through an employer, scholarship, grant in aid, or other	108222
educational benefit program.	108223

(BB)(1) "Modified business income" means the business income	108224
included in a trust's Ohio taxable income after such taxable	108225
income is first reduced by the qualifying trust amount, if any.	108226

(2) "Qualifying trust amount" of a trust means capital gains	108227
and losses from the sale, exchange, or other disposition of equity	108228
or ownership interests in, or debt obligations of, a qualifying	108229
investee to the extent included in the trust's Ohio taxable	108230
income, but only if the following requirements are satisfied:	108231

(a) The book value of the qualifying investee's physical	108232
assets in this state and everywhere, as of the last day of the	108233
qualifying investee's fiscal or calendar year ending immediately	108234
prior to the date on which the trust recognizes the gain or loss,	108235
is available to the trust.	108236

(b) The requirements of section 5747.011 of the Revised Code	108237
are satisfied for the trust's taxable year in which the trust	108238
recognizes the gain or loss.	108239

Any gain or loss that is not a qualifying trust amount is	108240
modified business income, qualifying investment income, or	108241
modified nonbusiness income, as the case may be.	108242

(3) "Modified nonbusiness income" means a trust's Ohio	108243
taxable income other than modified business income, other than the	108244
qualifying trust amount, and other than qualifying investment	108245
income, as defined in section 5747.012 of the Revised Code, to the	108246
extent such qualifying investment income is not otherwise part of	108247
modified business income.	108248

(4) "Modified Ohio taxable income" applies only to trusts,	108249
and means the sum of the amounts described in divisions (BB)(4)(a)	108250
to (c) of this section:	108251

(a) The fraction, calculated under section 5747.013, and	108252
applying section 5747.231 of the Revised Code, multiplied by the	108253
sum of the following amounts:	108254

(i) The trust's modified business income;

108255

(ii) The trust's qualifying investment income, as defined in	108256
section 5747.012 of the Revised Code, but only to the extent the	108257
qualifying investment income does not otherwise constitute	108258
modified business income and does not otherwise constitute a	108259
qualifying trust amount.	108260

(b) The qualifying trust amount multiplied by a fraction, the	108261
numerator of which is the sum of the book value of the qualifying	108262
investee's physical assets in this state on the last day of the	108263
qualifying investee's fiscal or calendar year ending immediately	108264
prior to the day on which the trust recognizes the qualifying	108265
trust amount, and the denominator of which is the sum of the book	108266
value of the qualifying investee's total physical assets	108267
everywhere on the last day of the qualifying investee's fiscal or	108268
calendar year ending immediately prior to the day on which the	108269
trust recognizes the qualifying trust amount. If, for a taxable	108270
year, the trust recognizes a qualifying trust amount with respect	108271
to more than one qualifying investee, the amount described in	108272
division (BB)(4)(b) of this section shall equal the sum of the	108273
products so computed for each such qualifying investee.	108274

(c)(i) With respect to a trust or portion of a trust that is	108275
a resident as ascertained in accordance with division (I)(3)(d) of	108276
this section, its modified nonbusiness income.	108277

(ii) With respect to a trust or portion of a trust that is	108278
not a resident as ascertained in accordance with division	108279
(I)(3)(d) of this section, the amount of its modified nonbusiness	108280
income satisfying the descriptions in divisions (B)(2) to (5) of	108281
section 5747.20 of the Revised Code, except as otherwise provided	108282
in division (BB)(4)(c)(ii) of this section. With respect to a	108283
trust or portion of a trust that is not a resident as ascertained	108284
in accordance with division (I)(3)(d) of this section, the trust's	108285
portion of modified nonbusiness income recognized from the sale,	108286
exchange, or other disposition of a debt interest in or equity	108287
interest in a section 5747.212 entity, as defined in section	108288
5747.212 of the Revised Code, without regard to division (A) of	108289
that section, shall not be allocated to this state in accordance	108290
with section 5747.20 of the Revised Code but shall be apportioned	108291
to this state in accordance with division (B) of section 5747.212	108292
of the Revised Code without regard to division (A) of that	108293
section.	108294

If the allocation and apportionment of a trust's income under	108295
divisions (BB)(4)(a) and (c) of this section do not fairly	108296
represent the modified Ohio taxable income of the trust in this	108297
state, the alternative methods described in division (C) of	108298
section 5747.21 of the Revised Code may be applied in the manner	108299
and to the same extent provided in that section.	108300

(5)(a) Except as set forth in division (BB)(5)(b) of this	108301
section, "qualifying investee" means a person in which a trust has	108302
an equity or ownership interest, or a person or unit of government	108303
the debt obligations of either of which are owned by a trust. For	108304
the purposes of division (BB)(2)(a) of this section and for the	108305
purpose of computing the fraction described in division (BB)(4)(b)	108306
of this section, all of the following apply:	108307

(i) If the qualifying investee is a member of a qualifying	108308
controlled group on the last day of the qualifying investee's	108309
fiscal or calendar year ending immediately prior to the date on	108310
which the trust recognizes the gain or loss, then "qualifying	108311
investee" includes all persons in the qualifying controlled group	108312
on such last day.	108313

(ii) If the qualifying investee, or if the qualifying	108314
investee and any members of the qualifying controlled group of	108315
which the qualifying investee is a member on the last day of the	108316
qualifying investee's fiscal or calendar year ending immediately	108317
prior to the date on which the trust recognizes the gain or loss,	108318
separately or cumulatively own, directly or indirectly, on the	108319
last day of the qualifying investee's fiscal or calendar year	108320
ending immediately prior to the date on which the trust recognizes	108321
the qualifying trust amount, more than fifty per cent of the	108322
equity of a pass-through entity, then the qualifying investee and	108323
the other members are deemed to own the proportionate share of the	108324
pass-through entity's physical assets which the pass-through	108325
entity directly or indirectly owns on the last day of the	108326
pass-through entity's calendar or fiscal year ending within or	108327
with the last day of the qualifying investee's fiscal or calendar	108328
year ending immediately prior to the date on which the trust	108329
recognizes the qualifying trust amount.	108330

(iii) For the purposes of division (BB)(5)(a)(iii) of this	108331
section, "upper level pass-through entity" means a pass-through	108332
entity directly or indirectly owning any equity of another	108333
pass-through entity, and "lower level pass-through entity" means	108334
that other pass-through entity.	108335

An upper level pass-through entity, whether or not it is also	108336
a qualifying investee, is deemed to own, on the last day of the	108337
upper level pass-through entity's calendar or fiscal year, the	108338
proportionate share of the lower level pass-through entity's	108339
physical assets that the lower level pass-through entity directly	108340
or indirectly owns on the last day of the lower level pass-through	108341
entity's calendar or fiscal year ending within or with the last	108342
day of the upper level pass-through entity's fiscal or calendar	108343
year. If the upper level pass-through entity directly and	108344
indirectly owns less than fifty per cent of the equity of the	108345
lower level pass-through entity on each day of the upper level	108346
pass-through entity's calendar or fiscal year in which or with	108347
which ends the calendar or fiscal year of the lower level	108348
pass-through entity and if, based upon clear and convincing	108349
evidence, complete information about the location and cost of the	108350
physical assets of the lower pass-through entity is not available	108351
to the upper level pass-through entity, then solely for purposes	108352
of ascertaining if a gain or loss constitutes a qualifying trust	108353
amount, the upper level pass-through entity shall be deemed as	108354
owning no equity of the lower level pass-through entity for each	108355
day during the upper level pass-through entity's calendar or	108356
fiscal year in which or with which ends the lower level	108357
pass-through entity's calendar or fiscal year. Nothing in division	108358
(BB)(5)(a)(iii) of this section shall be construed to provide for	108359
any deduction or exclusion in computing any trust's Ohio taxable	108360
income.	108361

(b) With respect to a trust that is not a resident for the	108362
taxable year and with respect to a part of a trust that is not a	108363
resident for the taxable year, "qualifying investee" for that	108364
taxable year does not include a C corporation if both of the	108365
following apply:	108366

(i) During the taxable year the trust or part of the trust	108367
recognizes a gain or loss from the sale, exchange, or other	108368
disposition of equity or ownership interests in, or debt	108369
obligations of, the C corporation.	108370

(ii) Such gain or loss constitutes nonbusiness income.

108371

(6) "Available" means information is such that a person is	108372
able to learn of the information by the due date plus extensions,	108373
if any, for filing the return for the taxable year in which the	108374
trust recognizes the gain or loss.	108375

(CC) "Qualifying controlled group" has the same meaning as in	108376
section 5733.04 of the Revised Code.	108377

(DD) "Related member" has the same meaning as in section	108378
5733.042 of the Revised Code.	108379

(EE)(1) For the purposes of division (EE) of this section:

108380

(a) "Qualifying person" means any person other than a	108381
qualifying corporation.	108382

(b) "Qualifying corporation" means any person classified for	108383
federal income tax purposes as an association taxable as a	108384
corporation, except either of the following:	108385

(i) A corporation that has made an election under subchapter	108386
S, chapter one, subtitle A, of the Internal Revenue Code for its	108387
taxable year ending within, or on the last day of, the investor's	108388
taxable year;	108389

(ii) A subsidiary that is wholly owned by any corporation	108390
that has made an election under subchapter S, chapter one,	108391
subtitle A of the Internal Revenue Code for its taxable year	108392
ending within, or on the last day of, the investor's taxable year.	108393

(2) For the purposes of this chapter, unless expressly stated	108394
otherwise, no qualifying person indirectly owns any asset directly	108395
or indirectly owned by any qualifying corporation.	108396

(FF) For purposes of this chapter and Chapter 5751. of the	108397
Revised Code:	108398

(1) "Trust" does not include a qualified pre-income tax	108399
trust.	108400

(2) A "qualified pre-income tax trust" is any pre-income tax	108401
trust that makes a qualifying pre-income tax trust election as	108402
described in division (FF)(3) of this section.	108403

(3) A "qualifying pre-income tax trust election" is an	108404
election by a pre-income tax trust to subject to the tax imposed	108405
by section 5751.02 of the Revised Code the pre-income tax trust	108406
and all pass-through entities of which the trust owns or controls,	108407
directly, indirectly, or constructively through related interests,	108408
five per cent or more of the ownership or equity interests. The	108409
trustee shall notify the tax commissioner in writing of the	108410
election on or before April 15, 2006. The election, if timely	108411
made, shall be effective on and after January 1, 2006, and shall	108412
apply for all tax periods and tax years until revoked by the	108413
trustee of the trust.	108414

(4) A "pre-income tax trust" is a trust that satisfies all of	108415
the following requirements:	108416

(a) The document or instrument creating the trust was	108417
executed by the grantor before January 1, 1972;	108418

(b) The trust became irrevocable upon the creation of the	108419
trust; and	108420

(c) The grantor was domiciled in this state at the time the	108421
trust was created.	108422

(GG) "Uniformed services" has the same meaning as in 10	108423
U.S.C. 101.	108424

Sec. 5747.02. (A) For the purpose of providing revenue for	108425
the support of schools and local government functions, to provide	108426
relief to property taxpayers, to provide revenue for the general	108427
revenue fund, and to meet the expenses of administering the tax	108428
levied by this chapter, there is hereby levied on every	108429
individual, trust, and estate residing in or earning or receiving	108430
income in this state, on every individual, trust, and estate	108431
earning or receiving lottery winnings, prizes, or awards pursuant	108432
to Chapter 3770. of the Revised Code, on every individual, trust,	108433
and estate earning or receiving winnings on casino gaming, and on	108434
every individual, trust, and estate otherwise having nexus with or	108435
in this state under the Constitution of the United States, an	108436
annual tax measured in the case of individuals by Ohio adjusted	108437
gross income less an exemption for the taxpayer, the taxpayer's	108438
spouse, and each dependent as provided in section 5747.025 of the	108439
Revised Code; measured in the case of trusts by modified Ohio	108440
taxable income under division (D) of this section; and measured in	108441
the case of estates by Ohio taxable income. The tax imposed by	108442
this section on the balance thus obtained is hereby levied as	108443
follows:	108444

(1) For taxable years beginning in 2004:

108445

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		108446
OR		108447
MODIFIED OHIO		108448
TAXABLE INCOME (TRUSTS)		108449
OR		108450
OHIO TAXABLE INCOME (ESTATES)	TAX	108451

$5,000 or less	.743%	108452
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	108453
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	108454
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	108455
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	108456
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	108457
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	108458
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	108459
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	108460

(2) For taxable years beginning in 2005:

108461

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		108462
OR		108463
MODIFIED OHIO		108464
TAXABLE INCOME (TRUSTS)		108465
OR		108466
OHIO TAXABLE INCOME (ESTATES)	TAX	108467

$5,000 or less	.712%	108468
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	108469
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	108470
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	108471
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	108472
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	108473
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	108474
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	108475
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	108476

(3) For taxable years beginning in 2006:

108477

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		108478
OR		108479
MODIFIED OHIO		108480
TAXABLE INCOME (TRUSTS)		108481
OR		108482
OHIO TAXABLE INCOME (ESTATES)	TAX	108483

$5,000 or less	.681%	108484
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	108485
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	108486
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	108487
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	108488
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	108489
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	108490
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	108491
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	108492

(4) For taxable years beginning in 2007:

108493

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		108494
OR		108495
MODIFIED OHIO		108496
TAXABLE INCOME (TRUSTS)		108497
OR		108498
OHIO TAXABLE INCOME (ESTATES)	TAX	108499

$5,000 or less	.649%	108500
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	108501
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	108502
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	108503
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	108504
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	108505
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	108506
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	108507
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	108508

(5) For taxable years beginning in 2008, 2009, or 2010:

108509

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		108510
OR		108511
MODIFIED OHIO		108512
TAXABLE INCOME (TRUSTS)		108513
OR		108514
OHIO TAXABLE INCOME (ESTATES)	TAX	108515

$5,000 or less	.618%	108516
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	108517
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	108518
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	108519
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	108520
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	108521
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	108522
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	108523
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	108524

(6) For taxable years beginning in 2011 or ~~thereafter~~2012:

108525

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		108526
OR		108527
MODIFIED OHIO		108528
TAXABLE INCOME (TRUSTS)		108529
OR		108530
OHIO TAXABLE INCOME (ESTATES)	TAX	108531

$5,000 or less	.587%	108532
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	108533
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	108534
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	108535
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	108536
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	108537
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	108538
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	108539
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	108540

(7) For taxable years beginning in 2013 or thereafter:

108541

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		108542
OR		108543
MODIFIED OHIO		108544
TAXABLE INCOME (TRUSTS)		108545
OR		108546
OHIO TAXABLE INCOME (ESTATES)	TAX	108547

$5,000 or less	.546%	108548
More than $5,000 but not more than $10,000	$27.30 plus 1.092% of the amount in excess of $5,000	108549
More than $10,000 but not more than $15,000	$81.89 plus 2.184% of the amount in excess of $10,000	108550
More than $15,000 but not more than $20,000	$191.07 plus 2.730% of the amount in excess of $15,000	108551
More than $20,000 but not more than $40,000	$327.55 plus 3.275% of the amount in excess of $20,000	108552
More than $40,000 but not more than $80,000	$982.45 plus 3.821% of the amount in excess of $40,000	108553
More than $80,000 but not more than $100,000	$2,511.00 plus 4.366% of the amount in excess of $80,000	108554
More than $100,000 but not more than $200,000	$3,384.27 plus 5.069% of the amount in excess of $100,000	108555
More than $200,000	$8,453.70 plus 5.510% of the amount in excess of $200,000	108556

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	108557
commissioner shall adjust the income amounts prescribed in this	108558
division by multiplying the percentage increase in the gross	108559
domestic product deflator computed that year under section	108560
5747.025 of the Revised Code by each of the income amounts	108561
resulting from the adjustment under this division in the preceding	108562
year, adding the resulting product to the corresponding income	108563
amount resulting from the adjustment in the preceding year, and	108564
rounding the resulting sum to the nearest multiple of fifty	108565
dollars. The tax commissioner also shall recompute each of the tax	108566
dollar amounts to the extent necessary to reflect the adjustment	108567
of the income amounts. The rates of taxation shall not be	108568
adjusted.	108569

The adjusted amounts apply to taxable years beginning in the	108570
calendar year in which the adjustments are made. The tax	108571
commissioner shall not make such adjustments in any year in which	108572
the amount resulting from the adjustment would be less than the	108573
amount resulting from the adjustment in the preceding year.	108574

(B) If the director of budget and management makes a	108575
certification to the tax commissioner under division (B) of	108576
section 131.44 of the Revised Code, the amount of tax as	108577
determined under division (A) of this section shall be reduced by	108578
the percentage prescribed in that certification for taxable years	108579
beginning in the calendar year in which that certification is	108580
made.	108581

(C) The levy of this tax on income does not prevent a	108582
municipal corporation, a joint economic development zone created	108583
under section 715.691, or a joint economic development district	108584
created under section 715.70 or 715.71 or sections 715.72 to	108585
715.81 of the Revised Code from levying a tax on income.	108586

(D) This division applies only to taxable years of a trust	108587
beginning in 2002 or thereafter.	108588

(1) The tax imposed by this section on a trust shall be	108589
computed by multiplying the Ohio modified taxable income of the	108590
trust by the rates prescribed by division (A) of this section.	108591

(2) A resident trust may claim a credit against the tax	108592
computed under division (D) of this section equal to the lesser of	108593
(1) the tax paid to another state or the District of Columbia on	108594
the resident trust's modified nonbusiness income, other than the	108595
portion of the resident trust's nonbusiness income that is	108596
qualifying investment income as defined in section 5747.012 of the	108597
Revised Code, or (2) the effective tax rate, based on modified	108598
Ohio taxable income, multiplied by the resident trust's modified	108599
nonbusiness income other than the portion of the resident trust's	108600
nonbusiness income that is qualifying investment income. The	108601
credit applies before any other applicable credits.	108602

(3) The credits enumerated in divisions (A)(1) to (13) of	108603
section 5747.98 of the Revised Code do not apply to a trust	108604
subject to division (D) of this section. Any credits enumerated in	108605
other divisions of section 5747.98 of the Revised Code apply to a	108606
trust subject to division (D) of this section. To the extent that	108607
the trust distributes income for the taxable year for which a	108608
credit is available to the trust, the credit shall be shared by	108609
the trust and its beneficiaries. The tax commissioner and the	108610
trust shall be guided by applicable regulations of the United	108611
States treasury regarding the sharing of credits.	108612

(E) For the purposes of this section, "trust" means any trust	108613
described in Subchapter J of Chapter 1 of the Internal Revenue	108614
Code, excluding trusts that are not irrevocable as defined in	108615
division (I)(3)(b) of section 5747.01 of the Revised Code and that	108616
have no modified Ohio taxable income for the taxable year,	108617
charitable remainder trusts, qualified funeral trusts and preneed	108618
funeral contract trusts established pursuant to sections 4717.31	108619
to 4717.38 of the Revised Code that are not qualified funeral	108620
trusts, endowment and perpetual care trusts, qualified settlement	108621
trusts and funds, designated settlement trusts and funds, and	108622
trusts exempted from taxation under section 501(a) of the Internal	108623
Revenue Code.	108624

Sec. 5747.022. An individual subject to the tax imposed by	108625
section 5747.02 of the Revised Code may claim a credit equal to	108626
twenty dollars times the number of exemptions allowed for the	108627
taxpayer, ~~his~~the taxpayer's spouse, and each dependent under	108628
section 5747.02 of the Revised Code. The credit shall be claimed	108629
in the order required under section 5747.98 of the Revised Code.	108630
The credit shall not be considered in determining the taxes	108631
required to be withheld under section 5747.06 of the Revised Code	108632
or the estimated taxes required to be paid under section 5747.09	108633
of the Revised Code. In the case of an individual with respect to	108634
whom an exemption under section 5747.02 of the Revised Code is	108635
allowable to another taxpayer for a taxable year beginning in the	108636
calendar year in which the individual's taxable year begins, the	108637
"number of exemptions allowed" for purposes of calculating the	108638
credit allowed under this section to such individual for the	108639
individual's taxable year shall not include an exemption for the	108640
individual.	108641

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	108642
division, the personal exemption for the taxpayer and the	108643
taxpayer's spouse shall be seven hundred fifty dollars each for	108644
the taxable year beginning in 1996, eight hundred fifty dollars	108645
each for the taxable year beginning in 1997, nine hundred fifty	108646
dollars each for the taxable year beginning in 1998, and one	108647
thousand fifty dollars each for the taxable year beginning in 1999	108648
and taxable years beginning after 1999. The personal exemption	108649
amount prescribed in this division for taxable years beginning	108650
after 1999 shall be adjusted each year in the manner prescribed in	108651
division (C) of this section. In the case of an individual with	108652
respect to whom an exemption under section 5747.02 of the Revised	108653
Code is allowable to another taxpayer for a taxable year beginning	108654
in the calendar year in which the individual's taxable year	108655
begins, the exemption amount applicable to such individual for	108656
such individual's taxable year shall be zero.	108657

(B) The personal exemption for each dependent shall be eight	108658
hundred fifty dollars for the taxable year beginning in 1996, and	108659
one thousand fifty dollars for the taxable year beginning in 1997	108660
and taxable years beginning after 1997. The personal exemption	108661
amount prescribed in this division for taxable years beginning	108662
after 1999 shall be adjusted each year in the manner prescribed in	108663
division (C) of this section.	108664

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	108665
tax commissioner shall determine the percentage increase in the	108666
gross domestic product deflator determined by the bureau of	108667
economic analysis of the United States department of commerce from	108668
the first day of January of the preceding calendar year to the	108669
last day of December of the preceding year, and adjust the	108670
personal exemption amount for taxable years beginning in the	108671
current calendar year by multiplying that amount by the percentage	108672
increase in the gross domestic product deflator for that period;	108673
adding the resulting product to the personal exemption amount for	108674
taxable years beginning in the preceding calendar year; and	108675
rounding the resulting sum upward to the nearest multiple of fifty	108676
dollars. The commissioner shall not make such an adjustment in any	108677
calendar year in which the amount resulting from the adjustment	108678
would be less than the amount resulting from the adjustment in the	108679
preceding calendar year.	108680

Sec. 5747.08. An annual return with respect to the tax	108681
imposed by section 5747.02 of the Revised Code and each tax	108682
imposed under Chapter 5748. of the Revised Code shall be made by	108683
every taxpayer for any taxable year for which the taxpayer is	108684
liable for the tax imposed by that section or under that chapter,	108685
unless the total credits allowed under divisions (E), (F), and (G)	108686
of section 5747.05 of the Revised Code for the year are equal to	108687
or exceed the tax imposed by section 5747.02 of the Revised Code,	108688
in which case no return shall be required unless the taxpayer is	108689
liable for a tax imposed pursuant to Chapter 5748. of the Revised	108690
Code.	108691

(A) If an individual is deceased, any return or notice	108692
required of that individual under this chapter shall be made and	108693
filed by that decedent's executor, administrator, or other person	108694
charged with the property of that decedent.	108695

(B) If an individual is unable to make a return or notice	108696
required by this chapter, the return or notice required of that	108697
individual shall be made and filed by the individual's duly	108698
authorized agent, guardian, conservator, fiduciary, or other	108699
person charged with the care of the person or property of that	108700
individual.	108701

(C) Returns or notices required of an estate or a trust shall	108702
be made and filed by the fiduciary of the estate or trust.	108703

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	108704
of this section, any pass-through entity may file a single return	108705
on behalf of one or more of the entity's investors other than an	108706
investor that is a person subject to the tax imposed under section	108707
5733.06 of the Revised Code. The single return shall set forth the	108708
name, address, and social security number or other identifying	108709
number of each of those pass-through entity investors and shall	108710
indicate the distributive share of each of those pass-through	108711
entity investor's income taxable in this state in accordance with	108712
sections 5747.20 to 5747.231 of the Revised Code. Such	108713
pass-through entity investors for whom the pass-through entity	108714
elects to file a single return are not entitled to the exemption	108715
or credit provided for by sections 5747.02 and 5747.022 of the	108716
Revised Code; shall calculate the tax before business credits at	108717
the highest rate of tax set forth in section 5747.02 of the	108718
Revised Code for the taxable year for which the return is filed;	108719
and are entitled to only their distributive share of the business	108720
credits as defined in division (D)(2) of this section. A single	108721
check drawn by the pass-through entity shall accompany the return	108722
in full payment of the tax due, as shown on the single return, for	108723
such investors, other than investors who are persons subject to	108724
the tax imposed under section 5733.06 of the Revised Code.	108725

(b)(i) A pass-through entity shall not include in such a	108726
single return any investor that is a trust to the extent that any	108727
direct or indirect current, future, or contingent beneficiary of	108728
the trust is a person subject to the tax imposed under section	108729
5733.06 of the Revised Code.	108730

(ii) A pass-through entity shall not include in such a single	108731
return any investor that is itself a pass-through entity to the	108732
extent that any direct or indirect investor in the second	108733
pass-through entity is a person subject to the tax imposed under	108734
section 5733.06 of the Revised Code.	108735

(c) Nothing in division (D) of this section precludes the tax	108736
commissioner from requiring such investors to file the return and	108737
make the payment of taxes and related interest, penalty, and	108738
interest penalty required by this section or section 5747.02,	108739
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	108740
of this section precludes such an investor from filing the annual	108741
return under this section, utilizing the refundable credit equal	108742
to the investor's proportionate share of the tax paid by the	108743
pass-through entity on behalf of the investor under division (J)	108744
of this section, and making the payment of taxes imposed under	108745
section 5747.02 of the Revised Code. Nothing in division (D) of	108746
this section shall be construed to provide to such an investor or	108747
pass-through entity any additional deduction or credit, other than	108748
the credit provided by division (J) of this section, solely on	108749
account of the entity's filing a return in accordance with this	108750
section. Such a pass-through entity also shall make the filing and	108751
payment of estimated taxes on behalf of the pass-through entity	108752
investors other than an investor that is a person subject to the	108753
tax imposed under section 5733.06 of the Revised Code.	108754

(2) For the purposes of this section, "business credits"	108755
means the credits listed in section 5747.98 of the Revised Code	108756
excluding the following credits:	108757

(a) The retirement credit under division (B) of section	108758
5747.055 of the Revised Code;	108759

(b) The senior citizen credit under division (C) of section	108760
5747.05 of the Revised Code;	108761

(c) The lump sum distribution credit under division (D) of	108762
section 5747.05 of the Revised Code;	108763

(d) The dependent care credit under section 5747.054 of the	108764
Revised Code;	108765

(e) The lump sum retirement income credit under division (C)	108766
of section 5747.055 of the Revised Code;	108767

(f) The lump sum retirement income credit under division (D)	108768
of section 5747.055 of the Revised Code;	108769

(g) The lump sum retirement income credit under division (E)	108770
of section 5747.055 of the Revised Code;	108771

(h) The credit for displaced workers who pay for job training	108772
under section 5747.27 of the Revised Code;	108773

(i) The twenty-dollar personal exemption credit under section	108774
5747.022 of the Revised Code;	108775

(j) The joint filing credit under division (G) of section	108776
5747.05 of the Revised Code;	108777

(k) The nonresident credit under division (A) of section	108778
5747.05 of the Revised Code;	108779

(l) The credit for a resident's out-of-state income under	108780
division (B) of section 5747.05 of the Revised Code;	108781

(m) The low-income credit under section 5747.056 of the	108782
Revised Code.	108783

(3) The election provided for under division (D) of this	108784
section applies only to the taxable year for which the election is	108785
made by the pass-through entity. Unless the tax commissioner	108786
provides otherwise, this election, once made, is binding and	108787
irrevocable for the taxable year for which the election is made.	108788
Nothing in this division shall be construed to provide for any	108789
deduction or credit that would not be allowable if a nonresident	108790
pass-through entity investor were to file an annual return.	108791

(4) If a pass-through entity makes the election provided for	108792
under division (D) of this section, the pass-through entity shall	108793
be liable for any additional taxes, interest, interest penalty, or	108794
penalties imposed by this chapter if the tax commissioner finds	108795
that the single return does not reflect the correct tax due by the	108796
pass-through entity investors covered by that return. Nothing in	108797
this division shall be construed to limit or alter the liability,	108798
if any, imposed on pass-through entity investors for unpaid or	108799
underpaid taxes, interest, interest penalty, or penalties as a	108800
result of the pass-through entity's making the election provided	108801
for under division (D) of this section. For the purposes of	108802
division (D) of this section, "correct tax due" means the tax that	108803
would have been paid by the pass-through entity had the single	108804
return been filed in a manner reflecting the commissioner's	108805
findings. Nothing in division (D) of this section shall be	108806
construed to make or hold a pass-through entity liable for tax	108807
attributable to a pass-through entity investor's income from a	108808
source other than the pass-through entity electing to file the	108809
single return.	108810

(E) If a husband and wife file a joint federal income tax	108811
return for a taxable year, they shall file a joint return under	108812
this section for that taxable year, and their liabilities are	108813
joint and several, but, if the federal income tax liability of	108814
either spouse is determined on a separate federal income tax	108815
return, they shall file separate returns under this section.	108816

If either spouse is not required to file a federal income tax	108817
return and either or both are required to file a return pursuant	108818
to this chapter, they may elect to file separate or joint returns,	108819
and, pursuant to that election, their liabilities are separate or	108820
joint and several. If a husband and wife file separate returns	108821
pursuant to this chapter, each must claim the taxpayer's own	108822
exemption, but not both, as authorized under section 5747.02 of	108823
the Revised Code on the taxpayer's own return.	108824

(F) Each return or notice required to be filed under this	108825
section shall contain the signature of the taxpayer or the	108826
taxpayer's duly authorized agent and of the person who prepared	108827
the return for the taxpayer, and shall include the taxpayer's	108828
social security number. Each return shall be verified by a	108829
declaration under the penalties of perjury. The tax commissioner	108830
shall prescribe the form that the signature and declaration shall	108831
take.	108832

(G) Each return or notice required to be filed under this	108833
section shall be made and filed as required by section 5747.04 of	108834
the Revised Code, on or before the fifteenth day of April of each	108835
year, on forms that the tax commissioner shall prescribe, together	108836
with remittance made payable to the treasurer of state in the	108837
combined amount of the state and all school district income taxes	108838
shown to be due on the form~~, unless the combined amount shown to~~	108839
~~be due is one dollar or less, in which case that amount need not~~	108840
~~be remitted~~.	108841

Upon good cause shown, the commissioner may extend the period	108842
for filing any notice or return required to be filed under this	108843
section and may adopt rules relating to extensions. If the	108844
extension results in an extension of time for the payment of any	108845
state or school district income tax liability with respect to	108846
which the return is filed, the taxpayer shall pay at the time the	108847
tax liability is paid an amount of interest computed at the rate	108848
per annum prescribed by section 5703.47 of the Revised Code on	108849
that liability from the time that payment is due without extension	108850
to the time of actual payment. Except as provided in section	108851
5747.132 of the Revised Code, in addition to all other interest	108852
charges and penalties, all taxes imposed under this chapter or	108853
Chapter 5748. of the Revised Code and remaining unpaid after they	108854
become due, except combined amounts due of one dollar or less,	108855
bear interest at the rate per annum prescribed by section 5703.47	108856
of the Revised Code until paid or until the day an assessment is	108857
issued under section 5747.13 of the Revised Code, whichever occurs	108858
first.	108859

If the commissioner considers it necessary in order to ensure	108860
the payment of the tax imposed by section 5747.02 of the Revised	108861
Code or any tax imposed under Chapter 5748. of the Revised Code,	108862
the commissioner may require returns and payments to be made	108863
otherwise than as provided in this section.	108864

To the extent that any provision in this division conflicts	108865
with any provision in section 5747.026 of the Revised Code, the	108866
provision in that section prevails.	108867

(H) If any report, claim, statement, or other document	108868
required to be filed, or any payment required to be made, within a	108869
prescribed period or on or before a prescribed date under this	108870
chapter is delivered after that period or that date by United	108871
States mail to the agency, officer, or office with which the	108872
report, claim, statement, or other document is required to be	108873
filed, or to which the payment is required to be made, the date of	108874
the postmark stamped on the cover in which the report, claim,	108875
statement, or other document, or payment is mailed shall be deemed	108876
to be the date of delivery or the date of payment.	108877

If a payment is required to be made by electronic funds	108878
transfer pursuant to section 5747.072 of the Revised Code, the	108879
payment is considered to be made when the payment is received by	108880
the treasurer of state or credited to an account designated by the	108881
treasurer of state for the receipt of tax payments.	108882

"The date of the postmark" means, in the event there is more	108883
than one date on the cover, the earliest date imprinted on the	108884
cover by the United States postal service.	108885

(I) The amounts withheld by an employer pursuant to section	108886
5747.06 of the Revised Code, a casino operator pursuant to section	108887
5747.063 of the Revised Code, or a lottery sales agent pursuant to	108888
section 5747.064 of the Revised Code shall be allowed to the	108889
recipient of the compensation casino winnings, or lottery prize	108890
award as credits against payment of the appropriate taxes imposed	108891
on the recipient by section 5747.02 and under Chapter 5748. of the	108892
Revised Code.	108893

(J) If~~, in accordance with division (D) of this section,~~ a	108894
pass-through entity elects to file a single return under division	108895
(D) of this section and if any investor is required to file the	108896
annual return and make the payment of taxes required by this	108897
chapter on account of the investor's other income that is not	108898
included in a single return filed by a pass-through entity or any	108899
other investor elects to file the annual return, the investor is	108900
entitled to a refundable credit equal to the investor's	108901
proportionate share of the tax paid by the pass-through entity on	108902
behalf of the investor. The investor shall claim the credit for	108903
the investor's taxable year in which or with which ends the	108904
taxable year of the pass-through entity. Nothing in this chapter	108905
shall be construed to allow any credit provided in this chapter to	108906
be claimed more than once. For the ~~purposes~~purpose of computing	108907
any interest, penalty, or interest penalty, the investor shall be	108908
deemed to have paid the refundable credit provided by this	108909
division on the day that the pass-through entity paid the	108910
estimated tax or the tax giving rise to the credit.	108911

(K) The tax commissioner shall ensure that each return	108912
required to be filed under this section includes a box that the	108913
taxpayer may check to authorize a paid tax preparer who prepared	108914
the return to communicate with the department of taxation about	108915
matters pertaining to the return. The return or instructions	108916
accompanying the return shall indicate that by checking the box	108917
the taxpayer authorizes the department of taxation to contact the	108918
preparer concerning questions that arise during the processing of	108919
the return and authorizes the preparer only to provide the	108920
department with information that is missing from the return, to	108921
contact the department for information about the processing of the	108922
return or the status of the taxpayer's refund or payments, and to	108923
respond to notices about mathematical errors, offsets, or return	108924
preparation that the taxpayer has received from the department and	108925
has shown to the preparer.	108926

(L) The tax commissioner shall permit individual taxpayers to	108927
instruct the department of taxation to cause any refund of	108928
overpaid taxes to be deposited directly into a checking account,	108929
savings account, or an individual retirement account or individual	108930
retirement annuity, or preexisting college savings plan or program	108931
account offered by the Ohio tuition trust authority under Chapter	108932
3334. of the Revised Code, as designated by the taxpayer, when the	108933
taxpayer files the annual return required by this section	108934
electronically.	108935

(M) The tax commissioner may adopt rules to administer this	108936
section.	108937

Sec. 5747.10. If any of the facts, figures, computations, or	108938
attachments required in a taxpayer's annual return to determine	108939
the tax charged by this chapter or Chapter 5748. of the Revised	108940
Code must be altered as the result of an adjustment to the	108941
taxpayer's federal income tax return, whether initiated by the	108942
taxpayer or the internal revenue service, and such alteration	108943
affects the taxpayer's tax liability under this chapter or Chapter	108944
5748. of the Revised Code, the taxpayer shall file an amended	108945
return with the tax commissioner in such form as the commissioner	108946
requires. The amended return shall be filed not later than sixty	108947
days after the adjustment has been agreed to or finally determined	108948
for federal income tax purposes or any federal income tax	108949
deficiency or refund, or the abatement or credit resulting	108950
therefrom, has been assessed or paid, whichever occurs first.	108951

(A) In the case of an underpayment, the amended return shall	108952
be accompanied by payment of any combined additional tax due	108953
together with interest thereon. ~~If the combined tax shown to be~~	108954
~~due is one dollar or less, such amount need not accompany the~~	108955
~~amended return.~~ An amended return required by this section is a	108956
return subject to assessment under section 5747.13 of the Revised	108957
Code for the purpose of assessing any additional tax due under	108958
this section, together with any applicable penalty and interest.	108959
It shall not reopen those facts, figures, computations, or	108960
attachments from a previously filed return no longer subject to	108961
assessment that are not affected, either directly or indirectly,	108962
by the adjustment to the taxpayer's federal income tax return.	108963

(B) In the case of an overpayment, an application for refund	108964
may be filed under this division within the sixty-day period	108965
prescribed for filing the amended return even if it is filed	108966
beyond the period prescribed in section 5747.11 of the Revised	108967
Code if it otherwise conforms to the requirements of such section.	108968
An application filed under this division shall claim refund of	108969
overpayments resulting from alterations to only those facts,	108970
figures, computations, or attachments required in the taxpayer's	108971
annual return that are affected, either directly or indirectly, by	108972
the adjustment to the taxpayer's federal income tax return unless	108973
it is also filed within the time prescribed in section 5747.11 of	108974
the Revised Code. It shall not reopen those facts, figures,	108975
computations, or attachments that are not affected, either	108976
directly or indirectly, by the adjustment to the taxpayer's	108977
federal income tax return.	108978

Sec. 5747.11. (A) The tax commissioner shall refund to	108979
employers, qualifying entities, or taxpayers~~, with respect to any~~	108980
subject to a tax imposed under section 5733.41, 5747.02, or	108981
5747.41, or Chapter 5748. of the Revised Code:	108982

~~(1) Overpayments of more than one dollar;~~

108983

~~(2) Amounts in excess of one dollar paid illegally or~~	108984
~~erroneously;~~	108985

~~(3) Amounts in excess of one dollar paid on an illegal,~~	108986
~~erroneous, or excessive assessment~~the amount of any overpayment	108987
of such tax.	108988

(B) Except as otherwise provided under divisions (D) and (E)	108989
of this section, applications for refund shall be filed with the	108990
tax commissioner, on the form prescribed by the commissioner,	108991
within four years from the date of the illegal, erroneous, or	108992
excessive payment of the tax, or within any additional period	108993
allowed by division (B)(3)(b) of section 5747.05, division (B) of	108994
section 5747.10, division (A) of section 5747.13, or division (C)	108995
of section 5747.45 of the Revised Code.	108996

On filing of the refund application, the commissioner shall	108997
determine the amount of refund due and, if that amount exceeds one	108998
dollar, certify such amount to the director of budget and	108999
management and treasurer of state for payment from the tax refund	109000
fund created by section 5703.052 of the Revised Code. Payment	109001
shall be made as provided in division (C) of section 126.35 of the	109002
Revised Code.	109003

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	109004
~~erroneous assessment in excess of one dollar in respect of the tax~~	109005
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	109006
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	109007
~~Code from the date of the payment of the illegal or erroneous~~	109008
~~assessment until the date the refund of such amount is paid. If~~	109009
~~such refund results from the filing of a return or report, or the~~	109010
~~payment accompanying such return or report, by an employer or~~	109011
~~taxpayer, rather than from an assessment by the commissioner, such~~	109012
~~interest shall run from a period ninety days after the final~~	109013
~~filing date of the annual return until the date the refund is~~	109014
~~paid.~~	109015

~~(2)~~ Interest shall be allowed and paid at the rate per annum	109016
prescribed by section 5703.47 of the Revised Code ~~upon any~~	109017
~~overpayment in excess of one dollar in respect of~~on amounts	109018
refunded with respect to the tax imposed under section 5747.02 or	109019
Chapter 5748. of the Revised Code from the date of the overpayment	109020
until the date of the refund of the overpayment, except that if	109021
any overpayment is refunded within ninety days after the final	109022
filing date of the annual return or ninety days after the return	109023
is filed, whichever is later, no interest shall be allowed on such	109024
overpayment. If the overpayment results from the carryback of a	109025
net operating loss or net capital loss to a previous taxable year,	109026
the overpayment is deemed not to have been made prior to the	109027
filing date, including any extension thereof, for the taxable year	109028
in which the net operating loss or net capital loss arises. For	109029
purposes of the payment of interest on overpayments, no amount of	109030
tax, for any taxable year, shall be treated as having been paid	109031
before the date on which the tax return for that year was due	109032
without regard to any extension of time for filing such return.	109033

~~(3)~~(2) Interest shall be allowed at the rate per annum	109034
prescribed by section 5703.47 of the Revised Code on amounts	109035
refunded with respect to the taxes imposed under sections 5733.41	109036
and 5747.41 of the Revised Code. The interest shall run from	109037
whichever of the following days is the latest until the day the	109038
refund is paid: the day the illegal, erroneous, or excessive	109039
payment was made; the ninetieth day after the final day the annual	109040
report was required to be filed under section 5747.42 of the	109041
Revised Code; or the ninetieth day after the day that report was	109042
filed.	109043

(D) "Ninety days" shall be substituted for "four years" in	109044
division (B) of this section if the taxpayer satisfies both of the	109045
following conditions:	109046

(1) The taxpayer has applied for a refund based in whole or	109047
in part upon section 5747.059 of the Revised Code;	109048

(2) The taxpayer asserts that either the imposition or	109049
collection of the tax imposed or charged by this chapter or any	109050
portion of such tax violates the Constitution of the United States	109051
or the Constitution of Ohio.	109052

(E)(1) Division (E)(2) of this section applies only if all of	109053
the following conditions are satisfied:	109054

(a) A qualifying entity pays an amount of the tax imposed by	109055
section 5733.41 or 5747.41 of the Revised Code;	109056

(b) The taxpayer is a qualifying investor as to that	109057
qualifying entity;	109058

(c) The taxpayer did not claim the credit provided for in	109059
section 5747.059 of the Revised Code as to the tax described in	109060
division (E)(1)(a) of this section;	109061

(d) The four-year period described in division (B) of this	109062
section has ended as to the taxable year for which the taxpayer	109063
otherwise would have claimed that credit.	109064

(2) A taxpayer shall file an application for refund pursuant	109065
to division (E) of this section within one year after the date the	109066
payment described in division (E)(1)(a) of this section is made.	109067
An application filed under division (E)(2) of this section shall	109068
claim refund only of overpayments resulting from the taxpayer's	109069
failure to claim the credit described in division (E)(1)(c) of	109070
this section. Nothing in division (E) of this section shall be	109071
construed to relieve a taxpayer from complying with division	109072
(A)(16) of section 5747.01 of the Revised Code.	109073

Sec. 5747.113. (A) Any taxpayer claiming a refund under	109074
section 5747.11 of the Revised Code who wishes to contribute any	109075
part of the taxpayer's refund to the natural areas and preserves	109076
fund created in section 1517.11 of the Revised Code, the nongame	109077
and endangered wildlife fund created in section 1531.26 of the	109078
Revised Code, the military injury relief fund created in section	109079
5101.98 of the Revised Code, the Ohio historical society income	109080
tax contribution fund created in section 149.308 of the Revised	109081
Code, or all of those funds may designate on the taxpayer's income	109082
tax return the amount that the taxpayer wishes to contribute to	109083
the fund or funds. A designated contribution is irrevocable upon	109084
the filing of the return and shall be made in the full amount	109085
designated if the refund found due the taxpayer upon the initial	109086
processing of the taxpayer's return, after any deductions	109087
including those required by section 5747.12 of the Revised Code,	109088
is greater than or equal to the designated contribution. If the	109089
refund due as initially determined is less than the designated	109090
contribution, the contribution shall be made in the full amount of	109091
the refund. The tax commissioner shall subtract the amount of the	109092
contribution from the amount of the refund initially found due the	109093
taxpayer and shall certify the difference to the director of	109094
budget and management and treasurer of state for payment to the	109095
taxpayer in accordance with section 5747.11 of the Revised Code.	109096
For the purpose of any subsequent determination of the taxpayer's	109097
net tax payment, the contribution shall be considered a part of	109098
the refund paid to the taxpayer.	109099

(B) The tax commissioner shall provide a space on the income	109100
tax return form in which a taxpayer may indicate that the taxpayer	109101
wishes to make a donation in accordance with this section. The tax	109102
commissioner shall also print in the instructions accompanying the	109103
income tax return form a description of the purposes for which the	109104
natural areas and preserves fund, the nongame and endangered	109105
wildlife fund, the military injury relief fund, and the Ohio	109106
historical society income tax contribution fund were created and	109107
the use of moneys from the income tax refund contribution system	109108
established in this section. No person shall designate on the	109109
person's income tax return any part of a refund claimed under	109110
section 5747.11 of the Revised Code as a contribution to any fund	109111
other than the natural areas and preserves fund, the nongame and	109112
endangered wildlife fund, the military injury relief fund, or the	109113
Ohio historical society income tax contribution fund.	109114

(C) The money collected under the income tax refund	109115
contribution system established in this section shall be deposited	109116
by the tax commissioner into the natural areas and preserves fund,	109117
the nongame and endangered wildlife fund, the military injury	109118
relief fund, and the Ohio historical society income tax	109119
contribution fund in the amounts designated on the tax returns.	109120

(D) No later than the thirtieth day of September each year,	109121
the tax commissioner shall determine the total amount contributed	109122
to each fund under this section during the preceding eight months,	109123
any adjustments to prior months, and the cost to the department of	109124
taxation of administering the income tax refund contribution	109125
system during that eight-month period. The commissioner shall make	109126
an additional determination no later than the thirty-first day of	109127
January of each year of the total amount contributed to each fund	109128
under this section during the preceding four calendar months, any	109129
adjustments to prior years made during that four-month period, and	109130
the cost to the department of taxation of administering the income	109131
tax contribution system during that period. The cost of	109132
administering the income tax contribution system shall be	109133
certified by the tax commissioner to the director of budget and	109134
management, who shall transfer an amount equal to one-fourth of	109135
such administrative costs from the natural areas and preserves	109136
fund, one-fourth of such costs from the nongame and endangered	109137
wildlife fund, one-fourth of such costs from the military injury	109138
relief fund, and one-fourth of such costs from the Ohio historical	109139
society income tax contribution fund to the ~~litter control and~~	109140
~~natural resource~~income tax ~~administration~~contribution fund,	109141
which is hereby created, provided that the moneys that the	109142
department receives to pay the cost of administering the income	109143
tax refund contribution system in any year shall not exceed two	109144
and one-half per cent of the total amount contributed under that	109145
system during that year.	109146

(E)(1) The director of natural resources, in January of every	109147
odd-numbered year, shall report to the general assembly on the	109148
effectiveness of the income tax refund contribution system as it	109149
pertains to the natural areas and preserves fund and the nongame	109150
and endangered wildlife fund. The report shall include the amount	109151
of money contributed to each fund in each of the previous five	109152
years, the amount of money contributed directly to each fund in	109153
addition to or independently of the income tax refund contribution	109154
system in each of the previous five years, and the purposes for	109155
which the money was expended.	109156

(2) The director of job and family services and the director	109157
of the Ohio historical society, in January of every odd-numbered	109158
year, each shall report to the general assembly on the	109159
effectiveness of the income tax refund contribution system as it	109160
pertains to the military injury relief fund and the Ohio	109161
historical society income tax contribution fund, respectively. The	109162
report shall include the amount of money contributed to the fund	109163
in each of the previous five years, the amount of money	109164
contributed directly to the fund in addition to or independently	109165
of the income tax refund contribution system in each of the	109166
previous five years, and the purposes for which the money was	109167
expended.	109168

Sec. 5747.122. (A) The tax commissioner, in accordance with	109169
section 5101.184 of the Revised Code, shall cooperate with the	109170
director of job and family services to collect overpayments of	109171
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	109172
5113., or section 5101.54 of the Revised Code from refunds of	109173
state income taxes for taxable year 1992 and thereafter that are	109174
payable to the recipients of such overpayments.	109175

(B) At the request of the department of job and family	109176
services in connection with the collection of an overpayment of	109177
assistance from a refund of state income taxes pursuant to this	109178
section and section 5101.184 of the Revised Code, the tax	109179
commissioner shall release to the department the home address and	109180
social security number of any recipient of assistance whose	109181
overpayment may be collected from a refund of state income taxes	109182
under those sections.	109183

(C) In the case of a joint income tax return for two people	109184
who were not married to each other at the time one of them	109185
received an overpayment of assistance, only the portion of a	109186
refund that is due to the recipient of the overpayment shall be	109187
available for collection of the overpayment under this section and	109188
section 5101.184 of the Revised Code. The tax commissioner shall	109189
determine such portion. A recipient's spouse who objects to the	109190
portion as determined by the commissioner may file a complaint	109191
with the commissioner within twenty-one days after receiving	109192
notice of the collection, and the commissioner shall afford the	109193
spouse an opportunity to be heard on the complaint. The	109194
commissioner shall waive or extend the twenty-one-day period if	109195
the recipient's spouse establishes that such action is necessary	109196
to avoid unjust, unfair, or unreasonable results. After the	109197
hearing, the commissioner shall make a final determination of the	109198
portion of the refund available for collection of the overpayment.	109199

(D) The welfare overpayment intercept fund is hereby created	109200
in the state treasury. The tax commissioner shall deposit amounts	109201
collected from income tax refunds under this section to the credit	109202
of the welfare overpayment intercept fund. The director of job and	109203
family services shall distribute money in the fund in accordance	109204
with appropriate federal or state laws and procedures regarding	109205
collection of welfare overpayments.	109206

Sec. 5747.13. (A) If any employer collects the tax imposed	109207
by section 5747.02 or under Chapter 5748. of the Revised Code and	109208
fails to remit the tax as required by law, or fails to collect the	109209
tax, the employer is personally liable for any amount collected	109210
that the employer fails to remit, or any amount that the employer	109211
fails to collect. If any taxpayer fails to file a return or fails	109212
to pay the tax imposed by section 5747.02 or under Chapter 5748.	109213
of the Revised Code, the taxpayer is personally liable for the	109214
amount of the tax.	109215

If any employer, taxpayer, or qualifying entity required to	109216
file a return under this chapter fails to file the return within	109217
the time prescribed, files an incorrect return, fails to remit the	109218
full amount of the taxes due for the period covered by the return,	109219
or fails to remit any additional tax due as a result of a	109220
reduction in the amount of the credit allowed under division (B)	109221
of section 5747.05 of the Revised Code together with interest on	109222
the additional tax within the time prescribed by that division,	109223
the tax commissioner may make an assessment against any person	109224
liable for any deficiency for the period for which the return is	109225
or taxes are due, based upon any information in the commissioner's	109226
possession.	109227

An assessment issued against either the employer or the	109228
taxpayer pursuant to this section shall not be considered an	109229
election of remedies or a bar to an assessment against the other	109230
for failure to report or pay the same tax. No assessment shall be	109231
issued against any person if the tax actually has been paid by	109232
another.	109233

No assessment shall be made or issued against an employer,	109234
taxpayer, or qualifying entity more than four years after the	109235
final date the return subject to assessment was required to be	109236
filed or the date the return was filed, whichever is later.	109237
However, the commissioner may assess any balance due as the result	109238
of a reduction in the credit allowed under division (B) of section	109239
5747.05 of the Revised Code, including applicable penalty and	109240
interest, within four years of the date on which the taxpayer	109241
reports a change in either the portion of the taxpayer's adjusted	109242
gross income subjected to an income tax or tax measured by income	109243
in another state or the District of Columbia, or the amount of	109244
liability for an income tax or tax measured by income to another	109245
state or the District of Columbia, as required by division (B)(3)	109246
of section 5747.05 of the Revised Code. Such time limits may be	109247
extended if both the employer, taxpayer, or qualifying entity and	109248
the commissioner consent in writing to the extension or if an	109249
agreement waiving or extending the time limits has been entered	109250
into pursuant to section 122.171 of the Revised Code. Any such	109251
extension shall extend the four-year time limit in division (B) of	109252
section 5747.11 of the Revised Code for the same period of time.	109253
There shall be no bar or limit to an assessment against an	109254
employer for taxes withheld from employees and not remitted to the	109255
state, against an employer, taxpayer, or qualifying entity that	109256
fails to file a return subject to assessment as required by this	109257
chapter, or against an employer, taxpayer, or qualifying entity	109258
that files a fraudulent return.	109259

The commissioner shall give the party assessed written notice	109260
of the assessment in the manner provided in section 5703.37 of the	109261
Revised Code. With the notice, the commissioner shall provide	109262
instructions on how to petition for reassessment and request a	109263
hearing on the petition.	109264

(B) Unless the party assessed files with the tax commissioner	109265
within sixty days after service of the notice of assessment,	109266
either personally or by certified mail, a written petition for	109267
reassessment, signed by the party assessed or that party's	109268
authorized agent having knowledge of the facts, the assessment	109269
becomes final, and the amount of the assessment is due and payable	109270
from the party assessed to the commissioner with remittance made	109271
payable to the treasurer of state. The petition shall indicate the	109272
objections of the party assessed, but additional objections may be	109273
raised in writing if received by the commissioner prior to the	109274
date shown on the final determination. If the petition has been	109275
properly filed, the commissioner shall proceed under section	109276
5703.60 of the Revised Code.	109277

(C) After an assessment becomes final, if any portion of the	109278
assessment remains unpaid, including accrued interest, a certified	109279
copy of the tax commissioner's entry making the assessment final	109280
may be filed in the office of the clerk of the court of common	109281
pleas in the county in which the employer's, taxpayer's, or	109282
qualifying entity's place of business is located or the county in	109283
which the party assessed resides. If the party assessed is not a	109284
resident of this state, the certified copy of the entry may be	109285
filed in the office of the clerk of the court of common pleas of	109286
Franklin county.	109287

Immediately upon the filing of the entry, the clerk shall	109288
enter a judgment against the party assessed in the amount shown on	109289
the entry. The judgment shall be filed by the clerk in one of two	109290
loose-leaf books, one entitled "special judgments for state and	109291
school district income taxes," and the other entitled "special	109292
judgments for qualifying entity taxes." The judgment shall have	109293
the same effect as other judgments. Execution shall issue upon the	109294
judgment upon the request of the tax commissioner, and all laws	109295
applicable to sales on execution shall apply to sales made under	109296
the judgment.	109297

~~The portion of~~If the assessment is not paid in its entirety	109298
within sixty days after the assessment was issued, the portion of	109299
the assessment consisting of tax due shall bear interest at the	109300
rate per annum prescribed by section 5703.47 of the Revised Code	109301
from the day the tax commissioner issues the assessment until it	109302
is paid or until it is certified to the attorney general for	109303
collection under section 131.02 of the Revised Code, whichever	109304
comes first. If the unpaid portion of the assessment is certified	109305
to the attorney general for collection, the entire unpaid portion	109306
of the assessment shall bear interest at the rate per annum	109307
prescribed by section 5703.47 of the Revised Code from the date of	109308
certification until the date it is paid in its entirety. Interest	109309
shall be paid in the same manner as the tax and may be collected	109310
by the issuance of an assessment under this section.	109311

(D) All money collected under this section shall be	109312
considered as revenue arising from the taxes imposed by this	109313
chapter or Chapter 5733. or 5748. of the Revised Code, as	109314
appropriate.	109315

(E) If the party assessed files a petition for reassessment	109316
under division (B) of this section, the person, on or before the	109317
last day the petition may be filed, shall pay the assessed amount,	109318
including assessed interest and assessed penalties, if any of the	109319
following conditions exists:	109320

(1) The person files a tax return reporting Ohio adjusted	109321
gross income, less the exemptions allowed by section 5747.025 of	109322
the Revised Code, in an amount less than one cent, and the	109323
reported amount is not based on the computations required under	109324
division (A) of section 5747.01 or section 5747.025 of the Revised	109325
Code.	109326

(2) The person files a tax return that the tax commissioner	109327
determines to be incomplete, false, fraudulent, or frivolous.	109328

(3) The person fails to file a tax return, and the basis for	109329
this failure is not either of the following:	109330

(a) An assertion that the person has no nexus with this	109331
state;	109332

(b) The computations required under division (A) of section	109333
5747.01 of the Revised Code or the application of credits allowed	109334
under this chapter has the result that the person's tax liability	109335
is less than one dollar and one cent.	109336

(F) Notwithstanding the fact that a petition for reassessment	109337
is pending, the petitioner may pay all or a portion of the	109338
assessment that is the subject of the petition. The acceptance of	109339
a payment by the treasurer of state does not prejudice any claim	109340
for refund upon final determination of the petition.	109341

If upon final determination of the petition an error in the	109342
assessment is corrected by the tax commissioner, upon petition so	109343
filed or pursuant to a decision of the board of tax appeals or any	109344
court to which the determination or decision has been appealed, so	109345
that the amount due from the party assessed under the corrected	109346
assessment is less than the portion paid, there shall be issued to	109347
the petitioner or to the petitioner's assigns or legal	109348
representative a refund in the amount of the overpayment as	109349
provided by section 5747.11 of the Revised Code, with interest on	109350
that amount as provided by such section, subject to section	109351
5747.12 of the Revised Code.	109352

Sec. 5747.21. (A) This section applies solely for the	109353
purposes of computing the credit allowed under division (A) of	109354
section 5747.05 of the Revised Code, computing income taxable in	109355
this state under division (D) of section 5747.08 of the Revised	109356
Code, and computing the credit allowed under section 5747.057 of	109357
the Revised Code.	109358

(B) Except as otherwise provided under ~~sections 5747.211 and~~	109359
section 5747.212 of the Revised Code, all items of business income	109360
and business deduction shall be apportioned to this state by	109361
multiplying the adjusted gross income by the fraction calculated	109362
under division (B)(2) of section 5733.05 and section 5733.057 of	109363
the Revised Code as if the taxpayer's business were a corporation	109364
subject to the tax imposed by section 5733.06 of the Revised Code.	109365

(C) If the allocation and apportionment provisions of	109366
sections 5747.20 to 5747.23 of the Revised Code or of any rule	109367
adopted by the tax commissioner, do not fairly represent the	109368
extent of business activity in this state of a taxpayer or	109369
pass-through entity, the taxpayer or pass-through entity may	109370
request, which request must be in writing accompanying ~~the~~a	109371
timely filed return or timely filed amended return, or the tax	109372
commissioner may require, in respect of all or any part of the	109373
business activity, if reasonable, any one or more of the	109374
following:	109375

(1) Separate accounting;

109376

(2) The exclusion of one or more factors;

109377

(3) The inclusion of one or more additional factors which	109378
will fairly represent the business activity in this state;	109379

(4) The employment of any other method to effectuate an	109380
equitable allocation and apportionment of such business in this	109381
state. An alternative method will be effective only with approval	109382
of the tax commissioner.	109383

The tax commissioner may adopt rules in the manner provided	109384
by sections 5703.14 and 5747.18 of the Revised Code providing for	109385
alternative methods of calculating business income and nonbusiness	109386
income applicable to all taxpayers and pass-through entities, to	109387
classes of taxpayers and pass-through entities, or only to	109388
taxpayers and pass-through entities within a certain industry.	109389

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	109390
July of each year, the tax commissioner shall estimate and certify	109391
the following for each county to its county auditor:	109392

(a) Its guaranteed share of the ensuing year's fund balance;

109393

(b) Its share of the excess of the ensuing year's fund	109394
balance;	109395

109396

(2) In December and in June following such estimations and	109397
certifications, the commissioner shall revise such estimates and	109398
certify such revised estimates to the respective county auditors.	109399

(B) By the tenth day of each month the commissioner shall	109400
distribute the amount credited to the public library fund in the	109401
current month under section 131.51 of the Revised Code. The	109402
distributions shall be made as follows:	109403

(1) During the first six months of each year, each county	109404
shall be paid a percentage of the balance that is the same per	109405
cent that the revised estimate of the county's total entitlement	109406
certified in December under division (A)(2) of this section is of	109407
the sum of such revised estimates of the total entitlements for	109408
all counties.	109409

(2) During the last six months, each county shall be paid a	109410
percentage of the balance that is the same per cent that the	109411
revised estimate of the county's total entitlement certified in	109412
June under division (A)(2) of this section is of the sum of such	109413
revised estimates of the total entitlements for all counties.	109414

(3) During each of the first six months of each year, the	109415
payments made to each county shall be adjusted as follows:	109416

(a) If the county received an overpayment during the	109417
preceding distribution year, reduce the sum of the payments by the	109418
amount of such overpayment. The reduction shall be apportioned	109419
over the six months.	109420

(b) If the county received an underpayment during the	109421
preceding distribution year, increase the sum of the payments by	109422
the amount of such underpayment. The increase shall be apportioned	109423
over the six months.	109424

(C) By the twentieth day of December of each year, the tax	109425
commissioner shall determine and certify to the auditor of each	109426
county each of the following with respect to the current	109427
distribution year:	109428

(1) The year's fund balance;

109429

(2) Each county's guaranteed share;

109430

(3) Each county's share of the excess;

109431

(4) Each county's total entitlement;

109432

(5) Each county's net distribution;

109433

(6) The amount by which each county's net distribution	109434
exceeded or was less than its total entitlement, which amount	109435
shall constitute the county's overpayment or underpayment for	109436
purposes of division (B)(3) of this section in the ensuing	109437
distribution year.	109438

Sec. 5747.501. (A) On or before the twenty-fifth day of July	109439
of each year, the tax commissioner shall estimate and certify to	109440
each county auditor the amount to be distributed from the local	109441
government fund to each undivided local government fund during the	109442
following calendar year under section 5747.50 of the Revised Code.	109443
The estimate shall equal the sum of the separate amounts computed	109444
under divisions (B)(1) and (2) of this section.	109445

(B)(1) The product obtained by multiplying the percentage	109446
described in division (B)(1)(a) of this section by the amount	109447
described in division (B)(1)(b) of this section.	109448

(a) Each county's proportionate share of the total amount	109449
distributed to the counties from the local government fund and the	109450
local government revenue assistance fund during calendar year	109451
2007. In fiscal year 2014 and thereafter, the amount distributed	109452
to any county undivided local government fund shall be an amount	109453
not less than seven hundred fifty thousand dollars or the amount	109454
distributed to such fund in fiscal year 2013, whichever amount is	109455
smaller. To the extent necessary to implement this minimum	109456
distribution requirement, the proportionate shares computed under	109457
this division shall be adjusted accordingly.	109458

(b) The total amount distributed to counties from the local	109459
government fund and the local government revenue assistance fund	109460
during calendar year 2007 adjusted downward if, and to the extent	109461
that, total local government fund distributions to counties for	109462
the following year are projected to be less than what was	109463
distributed to counties from the local government fund and local	109464
government revenue assistance fund during calendar year 2007.	109465

(2) The product obtained by multiplying the percentage	109466
described in division (B)(2)(a) of this section by the amount	109467
described in division (B)(2)(b) of this section.	109468

(a) Each county's proportionate share of the state's	109469
population as reflected in the most recent federal decennial	109470
census or the federal government's most recent census estimates,	109471
whichever represents the most recent year.	109472

(b) The amount by which total estimated distributions from	109473
the local government fund during the immediately succeeding	109474
calendar year, less the total estimated amount to be distributed	109475
from the fund to municipal corporations under division (C) of	109476
section 5747.50 of the Revised Code during the immediately	109477
succeeding calendar year, exceed the total amount distributed to	109478
counties from the local government fund and local government	109479
revenue assistance fund during calendar year 2007.	109480

Sec. 5747.98. (A) To provide a uniform procedure for	109481
calculating the amount of tax due under section 5747.02 of the	109482
Revised Code, a taxpayer shall claim any credits to which the	109483
taxpayer is entitled in the following order:	109484

(1) The retirement income credit under division (B) of	109485
section 5747.055 of the Revised Code;	109486

(2) The senior citizen credit under division (C) of section	109487
5747.05 of the Revised Code;	109488

(3) The lump sum distribution credit under division (D) of	109489
section 5747.05 of the Revised Code;	109490

(4) The dependent care credit under section 5747.054 of the	109491
Revised Code;	109492

(5) The lump sum retirement income credit under division (C)	109493
of section 5747.055 of the Revised Code;	109494

(6) The lump sum retirement income credit under division (D)	109495
of section 5747.055 of the Revised Code;	109496

(7) The lump sum retirement income credit under division (E)	109497
of section 5747.055 of the Revised Code;	109498

(8) The low-income credit under section 5747.056 of the	109499
Revised Code;	109500

(9) The credit for displaced workers who pay for job training	109501
under section 5747.27 of the Revised Code;	109502

(10) The campaign contribution credit under section 5747.29	109503
of the Revised Code;	109504

(11) The twenty-dollar personal exemption credit under	109505
section 5747.022 of the Revised Code;	109506

(12) The joint filing credit under division (G) of section	109507
5747.05 of the Revised Code;	109508

(13) The nonresident credit under division (A) of section	109509
5747.05 of the Revised Code;	109510

(14) The credit for a resident's out-of-state income under	109511
division (B) of section 5747.05 of the Revised Code;	109512

(15) The credit for employers that enter into agreements with	109513
child day-care centers under section 5747.34 of the Revised Code;	109514

(16) The credit for employers that reimburse employee child	109515
care expenses under section 5747.36 of the Revised Code;	109516

(17) The credit for adoption of a minor child under section	109517
5747.37 of the Revised Code;	109518

(18) The credit for purchases of lights and reflectors under	109519
section 5747.38 of the Revised Code;	109520

(19) The nonrefundable job retention credit under division	109521
(B) of section 5747.058 of the Revised Code;	109522

(20) The credit for selling alternative fuel under section	109523
5747.77 of the Revised Code;	109524

(21) The second credit for purchases of new manufacturing	109525
machinery and equipment and the credit for using Ohio coal under	109526
section 5747.31 of the Revised Code;	109527

(22) The job training credit under section 5747.39 of the	109528
Revised Code;	109529

(23) The enterprise zone credit under section 5709.66 of the	109530
Revised Code;	109531

(24) The credit for the eligible costs associated with a	109532
voluntary action under section 5747.32 of the Revised Code;	109533

(25) The credit for employers that establish on-site child	109534
day-care centers under section 5747.35 of the Revised Code;	109535

(26) The ethanol plant investment credit under section	109536
5747.75 of the Revised Code;	109537

(27) The credit for purchases of qualifying grape production	109538
property under section 5747.28 of the Revised Code;	109539

(28) The small business investment credit under section	109540
5747.81 of the Revised Code;	109541

(29) ~~The credit for research and development and technology~~	109542
~~transfer investors under section 5747.33 of the Revised Code;~~	109543

~~(30)~~ The enterprise zone credits under section 5709.65 of the	109544
Revised Code;	109545

~~(31)~~(30) The research and development credit under section	109546
5747.331 of the Revised Code;	109547

~~(32)~~(31) The credit for rehabilitating a historic building	109548
under section 5747.76 of the Revised Code;	109549

~~(33)~~(32) The refundable credit for rehabilitating a historic	109550
building under section 5747.76 of the Revised Code;	109551

~~(34)~~(33) The refundable jobs creation credit or job retention	109552
credit under division (A) of section 5747.058 of the Revised Code;	109553

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	109554
entity granted under section 5747.059 of the Revised Code;	109555

~~(36)~~(35) The refundable credits for taxes paid by a	109556
qualifying pass-through entity granted under division (J) of	109557
section 5747.08 of the Revised Code;	109558

~~(37)~~(36) The refundable credit under section 5747.80 of the	109559
Revised Code for losses on loans made to the Ohio venture capital	109560
program under sections 150.01 to 150.10 of the Revised Code;	109561

~~(38)~~(37) The refundable motion picture production credit	109562
under section 5747.66 of the Revised Code.	109563

~~(39)~~(38) The refundable credit for financial institution	109564
taxes paid by a pass-through entity granted under section 5747.65	109565
of the Revised Code.	109566

(B) For any credit, except the refundable credits enumerated	109567
in this section and the credit granted under division (I) of	109568
section 5747.08 of the Revised Code, the amount of the credit for	109569
a taxable year shall not exceed the tax due after allowing for any	109570
other credit that precedes it in the order required under this	109571
section. Any excess amount of a particular credit may be carried	109572
forward if authorized under the section creating that credit.	109573
Nothing in this chapter shall be construed to allow a taxpayer to	109574
claim, directly or indirectly, a credit more than once for a	109575
taxable year.	109576

Sec. 5749.02. (A) For the purpose of providing revenue to	109577
administer the state's coal mining and reclamation regulatory	109578
program, to meet the environmental and resource management needs	109579
of this state, and to reclaim land affected by mining, an excise	109580
tax is hereby levied on the privilege of engaging in the severance	109581
of natural resources from the soil or water of this state. The tax	109582
shall be imposed upon the severer ~~and shall be~~at the rates	109583
prescribed by divisions (A)(1) to (9) of this section:	109584

(1) Ten cents per ton of coal;

109585

(2) Four cents per ton of salt;

109586

(3) Two cents per ton of limestone or dolomite;

109587

(4) Two cents per ton of sand and gravel;

109588

(5) Ten cents per barrel of oil;

109589

(6) Two and one-half cents per thousand cubic feet of natural	109590
gas;	109591

(7) One cent per ton of clay, sandstone or conglomerate,	109592
shale, gypsum, or quartzite;	109593

(8) Except as otherwise provided in this division or in rules	109594
adopted by the reclamation forfeiture fund advisory board under	109595
section 1513.182 of the Revised Code, an additional fourteen cents	109596
per ton of coal produced from an area under a coal mining and	109597
reclamation permit issued under Chapter 1513. of the Revised Code	109598
for which the performance security is provided under division	109599
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	109600
2007, if at the end of a fiscal biennium the balance of the	109601
reclamation forfeiture fund created in section 1513.18 of the	109602
Revised Code is equal to or greater than ten million dollars, the	109603
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	109604
if at the end of a fiscal biennium the balance of the fund is at	109605
least five million dollars, but less than ten million dollars, the	109606
rate levied shall be fourteen cents per ton. Beginning July 1,	109607
2007, if at the end of a fiscal biennium the balance of the fund	109608
is less than five million dollars, the rate levied shall be	109609
sixteen cents per ton. Beginning July 1, 2009, not later than	109610
thirty days after the close of a fiscal biennium, the chief of the	109611
division of mineral resources management shall certify to the tax	109612
commissioner the amount of the balance of the reclamation	109613
forfeiture fund as of the close of the fiscal biennium. Any	109614
necessary adjustment of the rate levied shall take effect on the	109615
first day of the following January and shall remain in effect	109616
during the calendar biennium that begins on that date.	109617

(9) An additional one and two-tenths cents per ton of coal	109618
mined by surface mining methods.	109619

(B) OfAfter the director of budget and management transfers	109620
money from the severance tax receipts fund as required in division	109621
(H) of section 5749.06 of the Revised Code, money remaining in the	109622
severance tax receipts fund, except for money in the fund from the	109623
amounts due under section 1509.50 of the Revised Code, shall be	109624
credited as follows:	109625

(1) Of the moneys ~~received by the treasurer of state~~in the	109626
fund from the tax levied in division (A)(1) of this section, four	109627
and seventy-six-hundredths per cent shall be credited to the	109628
geological mapping fund created in section 1505.09 of the Revised	109629
Code, eighty and ninety-five-hundredths per cent shall be credited	109630
to the coal mining administration and reclamation reserve fund	109631
created in section 1513.181 of the Revised Code, and fourteen and	109632
twenty-nine-hundredths per cent shall be credited to the	109633
unreclaimed lands fund created in section 1513.30 of the Revised	109634
Code.	109635

(2) The money ~~received by the treasurer of state~~in the fund	109636
from the tax levied in division (A)(2) of this section shall be	109637
credited to the geological mapping fund.	109638

(3) Of the moneys ~~received by the treasurer of state~~in the	109639
fund from the tax levied in divisions (A)(3) and (4) of this	109640
section, seven and five-tenths per cent shall be credited to the	109641
geological mapping fund, forty-two and five-tenths per cent shall	109642
be credited to the unreclaimed lands fund, and the remainder shall	109643
be credited to the surface mining fund created in section 1514.06	109644
of the Revised Code.	109645

(4) Of the moneys ~~received by the treasurer of state~~in the	109646
fund from the tax levied in divisions (A)(5) and (6) of this	109647
section, ninety per cent shall be credited to the oil and gas well	109648
fund created in section 1509.02 of the Revised Code and ten per	109649
cent shall be credited to the geological mapping fund. All of the	109650
moneys ~~received by the treasurer of state~~in the fund from the	109651
tax levied in division (A)(7) of this section shall be credited to	109652
the surface mining fund.	109653

(5) All of the moneys ~~received by the treasurer of state~~in	109654
the fund from the tax levied in division (A)(8) of this section	109655
shall be credited to the reclamation forfeiture fund.	109656

(6) All of the moneys ~~received by the treasurer of state~~in	109657
the fund from the tax levied in division (A)(9) of this section	109658
shall be credited to the unreclaimed lands fund.	109659

(C) When, at the close of any fiscal year, the chief finds	109660
that the balance of the reclamation forfeiture fund, plus	109661
estimated transfers to it from the coal mining administration and	109662
reclamation reserve fund under section 1513.181 of the Revised	109663
Code, plus the estimated revenues from the tax levied by division	109664
(A)(8) of this section for the remainder of the calendar year that	109665
includes the close of the fiscal year, are sufficient to complete	109666
the reclamation of all lands for which the performance security	109667
has been provided under division (C)(2) of section 1513.08 of the	109668
Revised Code, the purposes for which the tax under division (A)(8)	109669
of this section is levied shall be deemed accomplished at the end	109670
of that calendar year. The chief, within thirty days after the	109671
close of the fiscal year, shall certify those findings to the tax	109672
commissioner, and the tax levied under division (A)(8) of this	109673
section shall cease to be imposed for the subsequent calendar year	109674
after the last day of that calendar year on coal produced under a	109675
coal mining and reclamation permit issued under Chapter 1513. of	109676
the Revised Code if the permittee has made tax payments under	109677
division (A)(8) of this section during each of the preceding five	109678
full calendar years. Not later than thirty days after the close of	109679
a fiscal year, the chief shall certify to the tax commissioner the	109680
identity of any permittees who accordingly no longer are required	109681
to pay the tax levied under division (A)(8) of this section for	109682
the subsequent calendar year.	109683

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	109684
by section 5749.02 of the Revised Code and each severer or owner	109685
liable for the amounts due under section 1509.50 of the Revised	109686
Code shall make and file returns with the tax commissioner in the	109687
prescribed form and as of the prescribed times, computing and	109688
reflecting therein the tax as required by this chapter and amounts	109689
due under section 1509.50 of the Revised Code.	109690

(2) The returns shall be filed for every quarterly period,	109691
which periods shall end on the thirty-first day of March, the	109692
thirtieth day of June, the thirtieth day of September, and the	109693
thirty-first day of December of each year, as required by this	109694
section, unless a different return period is prescribed for a	109695
taxpayer by the commissioner.	109696

(B)(1) A separate return shall be filed for each calendar	109697
quarterly period, or other period, or any part thereof, during	109698
which the severer holds a license as provided by section 5749.04	109699
of the Revised Code, or is required to hold the license, or during	109700
which an owner is required to file a return~~, and the~~. The return	109701
shall be filed within forty-five days after the last day of each	109702
such calendar month, or other period, or any part thereof, for	109703
which the return is required ~~and shall include remittance payable~~	109704
~~to the treasurer of state of the amount of~~. The tax due is payable	109705
along with the return. All such returns shall contain such	109706
information as the commissioner may require to fairly administer	109707
the tax.	109708

(2) All returns shall be signed by the severer or owner, as	109709
applicable, shall contain the full and complete information	109710
requested, and shall be made under penalty of perjury.	109711

(C) If the commissioner believes that quarterly payments of	109712
tax would result in a delay that might jeopardize the collection	109713
of such tax payments, the commissioner may order that such	109714
payments be made weekly, or more frequently if necessary, such	109715
payments to be made not later than seven days following the close	109716
of the period for which the jeopardy payment is required. Such an	109717
order shall be delivered to the taxpayer personally or by	109718
certified mail and shall remain in effect until the commissioner	109719
notifies the taxpayer to the contrary.	109720

(D) Upon good cause the commissioner may extend for thirty	109721
days the period for filing any notice or return required to be	109722
filed under this section, and may remit all or a part of penalties	109723
that may become due under this chapter.	109724

(E) Any tax and any amount due under section 1509.50 of the	109725
Revised Code not paid by the day the tax or amount is due shall	109726
bear interest computed at the rate per annum prescribed by section	109727
5703.47 of the Revised Code on that amount due from the day that	109728
the amount was originally required to be paid to the day of actual	109729
payment or to the day an assessment was issued under section	109730
5749.07 or 5749.10 of the Revised Code, whichever occurs first.	109731

(F) ~~The severer shall make all payments payable to the~~	109732
~~treasurer of state. Except for the amounts due under section~~	109733
~~1509.50 of the Revised Code, all~~A severer or owner, as	109734
applicable, that fails to file a complete return or pay the full	109735
amount due under this chapter within the time prescribed,	109736
including any extensions of time granted by the commissioner,	109737
shall be subject to a penalty not to exceed the greater of fifty	109738
dollars or ten per cent of the amount due for the period.	109739

(G)(1) A severer or owner, as applicable, shall remit	109740
payments electronically and, if required by the commissioner, file	109741
each return electronically. The commissioner may require that the	109742
severer or owner use the Ohio business gateway, as defined in	109743
section 718.051 of the Revised Code, or another electronic means	109744
to file returns and remit payments electronically.	109745

(2) A severer or owner that is required to remit payments	109746
electronically under this section may apply to the commissioner,	109747
in the manner prescribed by the commissioner, to be excused from	109748
that requirement. The commissioner may excuse a severer or owner	109749
from the requirements of division (G) of this section for good	109750
cause.	109751

(3) If a severer or owner that is required to remit payments	109752
or file returns electronically under this section fails to do so,	109753
the commissioner may impose a penalty on the severer or owner not	109754
to exceed the following:	109755

(a) For the first or second payment or return the severer or	109756
owner fails to remit or file electronically, the greater of five	109757
per cent of the amount of the payment that was required to be	109758
remitted or twenty-five dollars;	109759

(b) For every payment or return after the second that the	109760
severer or owner fails to remit or file electronically, the	109761
greater of ten per cent of the amount of the payment that was	109762
required to be remitted or fifty dollars.	109763

(H)(1) All amounts that the ~~tax~~ commissioner receives under	109764
this section shall be deemed to be revenue from taxes imposed	109765
under this chapter~~. The commissioner shall immediately forward to~~	109766
~~the treasurer of state all amounts received under this section~~or	109767
from the amount due under section 1509.50 of the Revised Code, as	109768
applicable, and shall be deposited in the severance tax receipts	109769
fund, which is hereby created in the state treasury.	109770

(2) The director of budget and management shall transfer from	109771
the severance tax receipts fund to the tax refund fund amounts	109772
equal to the refunds certified by the commissioner under section	109773
5749.08 of the Revised Code. Any amount transferred under division	109774
(H)(2) of this section shall be derived from receipts of the same	109775
tax or other amount from which the refund arose.	109776

(3) After the director of budget and management makes any	109777
transfer required by division (H)(2) of this section, but not	109778
later than the fifteenth day of the month following the end of	109779
each calendar quarter, the commissioner shall certify to the	109780
director the total amount remaining in the severance tax receipts	109781
fund organized according to the amount attributable to each	109782
natural resource and according to the amount attributable to a tax	109783
imposed by this chapter and the amounts due under section 1509.50	109784
of the Revised Code.	109785

(I) Penalties imposed under this section are in addition to	109786
any other penalty imposed under this chapter and shall be	109787
considered as revenue arising from the tax levied under this	109788
chapter or the amount due under section 1509.50 of the Revised	109789
Code, as applicable. The commissioner may collect any penalty or	109790
interest imposed under this section in the same manner as provided	109791
for the making of an assessment in section 5749.07 of the Revised	109792
Code. The commissioner may abate all or a portion of such interest	109793
or penalties and may adopt rules governing such abatements.	109794

Sec. 5749.07. (A) If any severer required by this chapter to	109795
make and file returns and pay the tax levied by section 5749.02 of	109796
the Revised Code, or any severer or owner liable for the amounts	109797
due under section 1509.50 of the Revised Code, fails to make such	109798
return or pay such tax ~~or amounts~~, the tax commissioner may make	109799
an assessment against the severer ~~or owner~~ based upon any	109800
information in the commissioner's possession.	109801

No assessment shall be made or issued against any severer for	109802
any tax imposed by section 5749.02 of the Revised Code or against	109803
any severer or owner for any amount due under section 1509.50 of	109804
the Revised Code more than four years after the return was due or	109805
was filed, whichever is later. This section does not bar an	109806
assessment against a severer or owner who fails to file a return	109807
as required by this chapter, or who files a fraudulent return.	109808

The commissioner shall give the party assessed written notice	109809
of such assessment in the manner provided in section 5703.37 of	109810
the Revised Code. With the notice, the commissioner shall provide	109811
instructions on how to petition for reassessment and request a	109812
hearing on the petition.	109813

(B) Unless the party assessed files with the commissioner	109814
within sixty days after service of the notice of assessment,	109815
either personally or by certified mail, a written petition for	109816
reassessment signed by the party assessed or that party's	109817
authorized agent having knowledge of the facts, the assessment	109818
becomes final and the amount of the assessment is due and payable	109819
from the party assessed to the treasurer of state. The petition	109820
shall indicate the objections of the party assessed, but	109821
additional objections may be raised in writing if received by the	109822
commissioner prior to the date shown on the final determination.	109823
If the petition has been properly filed, the commissioner shall	109824
proceed under section 5703.60 of the Revised Code.	109825

(C) After an assessment becomes final, if any portion of the	109826
assessment remains unpaid, including accrued interest, a certified	109827
copy of the commissioner's entry making the assessment final may	109828
be filed in the office of the clerk of the court of common pleas	109829
in the county in which the party assessed resides or in which the	109830
party's business is conducted. If the party assessed maintains no	109831
place of business in this state and is not a resident of this	109832
state, the certified copy of the entry may be filed in the office	109833
of the clerk of the court of common pleas of Franklin county.	109834

Immediately upon the filing of such entry, the clerk shall	109835
enter a judgment for the state against the party assessed in the	109836
amount shown on the entry. The judgment may be filed by the clerk	109837
in a loose-leaf book entitled "special judgments for state	109838
severance tax," and shall have the same effect as other judgments.	109839
Execution shall issue upon the judgment upon the request of the	109840
commissioner, and all laws applicable to sales on execution shall	109841
apply to sales made under the judgment.	109842

~~The portion of~~If the assessment is not paid in its entirety	109843
within sixty days after the day the assessment is issued, the	109844
portion of the assessment consisting of tax due or amounts due	109845
under section 1509.50 of the Revised Code shall bear interest at	109846
the rate per annum prescribed by section 5703.47 of the Revised	109847
Code from the day the commissioner issues the assessment until it	109848
is paid or until it is certified to the attorney general for	109849
collection under section 131.02 of the Revised Code, whichever	109850
comes first. If the unpaid portion of the assessment is certified	109851
to the attorney general for collection, the entire unpaid portion	109852
of the assessment shall bear interest at the rate per annum	109853
prescribed by section 5703.47 of the Revised Code from the date of	109854
certification until the date it is paid in its entirety. Interest	109855
shall be paid in the same manner as the tax and may be collected	109856
by the issuance of an assessment under this section.	109857

(D) All money collected by the commissioner under this	109858
section shall be paid to the treasurer of state, and when paid	109859
shall be considered as revenue arising from the tax imposed by	109860
section 5749.02 of the Revised Code and the amount due under	109861
section 1509.50 of the Revised Code, as applicable.	109862

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	109863
1509. of the Revised Code, any information provided to the	109864
department of natural resources by the department of taxation in	109865
accordance with division (C)(12) of section 5703.21 of the Revised	109866
Code shall not be disclosed publicly by the department of natural	109867
resources~~, but~~. However the department of natural resources may	109868
provide such information to the attorney general for purposes of	109869
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	109870

Sec. 5751.01. As used in this chapter:

109871

(A) "Person" means, but is not limited to, individuals,	109872
combinations of individuals of any form, receivers, assignees,	109873
trustees in bankruptcy, firms, companies, joint-stock companies,	109874
business trusts, estates, partnerships, limited liability	109875
partnerships, limited liability companies, associations, joint	109876
ventures, clubs, societies, for-profit corporations, S	109877
corporations, qualified subchapter S subsidiaries, qualified	109878
subchapter S trusts, trusts, entities that are disregarded for	109879
federal income tax purposes, and any other entities.	109880

(B) "Consolidated elected taxpayer" means a group of two or	109881
more persons treated as a single taxpayer for purposes of this	109882
chapter as the result of an election made under section 5751.011	109883
of the Revised Code.	109884

(C) "Combined taxpayer" means a group of two or more persons	109885
treated as a single taxpayer for purposes of this chapter under	109886
section 5751.012 of the Revised Code.	109887

(D) "Taxpayer" means any person, or any group of persons in	109888
the case of a consolidated elected taxpayer or combined taxpayer	109889
treated as one taxpayer, required to register or pay tax under	109890
this chapter. "Taxpayer" does not include excluded persons.	109891

(E) "Excluded person" means any of the following:

109892

(1) Any person with not more than one hundred fifty thousand	109893
dollars of taxable gross receipts during the calendar year.	109894
Division (E)(1) of this section does not apply to a person that is	109895
a member of a consolidated elected taxpayer;	109896

(2) A public utility that paid the excise tax imposed by	109897
section 5727.24 or 5727.30 of the Revised Code based on one or	109898
more measurement periods that include the entire tax period under	109899
this chapter, except that a public utility that is a combined	109900
company is a taxpayer with regard to the following gross receipts:	109901

(a) Taxable gross receipts directly attributed to a public	109902
utility activity, but not directly attributed to an activity that	109903
is subject to the excise tax imposed by section 5727.24 or 5727.30	109904
of the Revised Code;	109905

(b) Taxable gross receipts that cannot be directly attributed	109906
to any activity, multiplied by a fraction whose numerator is the	109907
taxable gross receipts described in division (E)(2)(a) of this	109908
section and whose denominator is the total taxable gross receipts	109909
that can be directly attributed to any activity;	109910

(c) Except for any differences resulting from the use of an	109911
accrual basis method of accounting for purposes of determining	109912
gross receipts under this chapter and the use of the cash basis	109913
method of accounting for purposes of determining gross receipts	109914
under section 5727.24 of the Revised Code, the gross receipts	109915
directly attributed to the activity of a natural gas company shall	109916
be determined in a manner consistent with division (D) of section	109917
5727.03 of the Revised Code.	109918

As used in division (E)(2) of this section, "combined	109919
company" and "public utility" have the same meanings as in section	109920
5727.01 of the Revised Code.	109921

(3) A financial institution, as defined in section 5726.01 of	109922
the Revised Code, that paid the tax imposed by section 5726.02 of	109923
the Revised Code based on one or more taxable years that include	109924
the entire tax period under this chapter;	109925

(4) A person directly or indirectly owned by one or more	109926
financial institutions, as defined in section 5726.01 of the	109927
Revised Code, that paid the tax imposed by section 5726.02 of the	109928
Revised Code based on one or more taxable years that include the	109929
entire tax period under this chapter.	109930

For the purposes of division (E)(4) of this section, a person	109931
owns another person under the following circumstances:	109932

(a) In the case of corporations issuing capital stock, one	109933
corporation owns another corporation if it owns fifty per cent or	109934
more of the other corporation's capital stock with current voting	109935
rights;	109936

(b) In the case of a limited liability company, one person	109937
owns the company if that person's membership interest, as defined	109938
in section 1705.01 of the Revised Code, is fifty per cent or more	109939
of the combined membership interests of all persons owning such	109940
interests in the company;	109941

(c) In the case of a partnership, trust, or other	109942
unincorporated business organization other than a limited	109943
liability company, one person owns the organization if, under the	109944
articles of organization or other instrument governing the affairs	109945
of the organization, that person has a beneficial interest in the	109946
organization's profits, surpluses, losses, or distributions of	109947
fifty per cent or more of the combined beneficial interests of all	109948
persons having such an interest in the organization.	109949

(5) A domestic insurance company or foreign insurance	109950
company, as defined in section 5725.01 of the Revised Code, that	109951
paid the insurance company premiums tax imposed by section 5725.18	109952
or Chapter 5729. of the Revised Code, or an unauthorized insurance	109953
company whose gross premiums are subject to tax under section	109954
3905.36 of the Revised Code based on one or more measurement	109955
periods that include the entire tax period under this chapter;	109956

(6) A person that solely facilitates or services one or more	109957
securitizations of phase-in-recovery property pursuant to a final	109958
financing order as those terms are defined in section 4928.23 of	109959
the Revised Code. For purposes of this division, "securitization"	109960
means transferring one or more assets to one or more persons and	109961
then issuing securities backed by the right to receive payment	109962
from the asset or assets so transferred.	109963

(7) Except as otherwise provided in this division, a	109964
pre-income tax trust as defined in division (FF)(4) of section	109965
5747.01 of the Revised Code and any pass-through entity of which	109966
such pre-income tax trust owns or controls, directly, indirectly,	109967
or constructively through related interests, more than five per	109968
cent of the ownership or equity interests. If the pre-income tax	109969
trust has made a qualifying pre-income tax trust election under	109970
division (FF)(3) of section 5747.01 of the Revised Code, then the	109971
trust and the pass-through entities of which it owns or controls,	109972
directly, indirectly, or constructively through related interests,	109973
more than five per cent of the ownership or equity interests,	109974
shall not be excluded persons for purposes of the tax imposed	109975
under section 5751.02 of the Revised Code.	109976

(8) Nonprofit organizations or the state and its agencies,	109977
instrumentalities, or political subdivisions.	109978

(F) Except as otherwise provided in divisions (F)(2), (3),	109979
and (4) of this section, "gross receipts" means the total amount	109980
realized by a person, without deduction for the cost of goods sold	109981
or other expenses incurred, that contributes to the production of	109982
gross income of the person, including the fair market value of any	109983
property and any services received, and any debt transferred or	109984
forgiven as consideration.	109985

(1) The following are examples of gross receipts:

109986

(a) Amounts realized from the sale, exchange, or other	109987
disposition of the taxpayer's property to or with another;	109988

(b) Amounts realized from the taxpayer's performance of	109989
services for another;	109990

(c) Amounts realized from another's use or possession of the	109991
taxpayer's property or capital;	109992

(d) Any combination of the foregoing amounts.

109993

(2) "Gross receipts" excludes the following amounts:

109994

(a) Interest income except interest on credit sales;

109995

(b) Dividends and distributions from corporations, and	109996
distributive or proportionate shares of receipts and income from a	109997
pass-through entity as defined under section 5733.04 of the	109998
Revised Code;	109999

(c) Receipts from the sale, exchange, or other disposition of	110000
an asset described in section 1221 or 1231 of the Internal Revenue	110001
Code, without regard to the length of time the person held the	110002
asset. Notwithstanding section 1221 of the Internal Revenue Code,	110003
receipts from hedging transactions also are excluded to the extent	110004
the transactions are entered into primarily to protect a financial	110005
position, such as managing the risk of exposure to (i) foreign	110006
currency fluctuations that affect assets, liabilities, profits,	110007
losses, equity, or investments in foreign operations; (ii)	110008
interest rate fluctuations; or (iii) commodity price fluctuations.	110009
As used in division (F)(2)(c) of this section, "hedging	110010
transaction" has the same meaning as used in section 1221 of the	110011
Internal Revenue Code and also includes transactions accorded	110012
hedge accounting treatment under statement of financial accounting	110013
standards number 133 of the financial accounting standards board.	110014
For the purposes of division (F)(2)(c) of this section, the actual	110015
transfer of title of real or tangible personal property to another	110016
entity is not a hedging transaction.	110017

(d) Proceeds received attributable to the repayment,	110018
maturity, or redemption of the principal of a loan, bond, mutual	110019
fund, certificate of deposit, or marketable instrument;	110020

(e) The principal amount received under a repurchase	110021
agreement or on account of any transaction properly characterized	110022
as a loan to the person;	110023

(f) Contributions received by a trust, plan, or other	110024
arrangement, any of which is described in section 501(a) of the	110025
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	110026
1, Subchapter (D) of the Internal Revenue Code applies;	110027

(g) Compensation, whether current or deferred, and whether in	110028
cash or in kind, received or to be received by an employee, former	110029
employee, or the employee's legal successor for services rendered	110030
to or for an employer, including reimbursements received by or for	110031
an individual for medical or education expenses, health insurance	110032
premiums, or employee expenses, or on account of a dependent care	110033
spending account, legal services plan, any cafeteria plan	110034
described in section 125 of the Internal Revenue Code, or any	110035
similar employee reimbursement;	110036

(h) Proceeds received from the issuance of the taxpayer's own	110037
stock, options, warrants, puts, or calls, or from the sale of the	110038
taxpayer's treasury stock;	110039

(i) Proceeds received on the account of payments from	110040
insurance policies, except those proceeds received for the loss of	110041
business revenue;	110042

(j) Gifts or charitable contributions received; membership	110043
dues received by trade, professional, homeowners', or condominium	110044
associations; and payments received for educational courses,	110045
meetings, meals, or similar payments to a trade, professional, or	110046
other similar association; and fundraising receipts received by	110047
any person when any excess receipts are donated or used	110048
exclusively for charitable purposes;	110049

(k) Damages received as the result of litigation in excess of	110050
amounts that, if received without litigation, would be gross	110051
receipts;	110052

(l) Property, money, and other amounts received or acquired	110053
by an agent on behalf of another in excess of the agent's	110054
commission, fee, or other remuneration;	110055

(m) Tax refunds, other tax benefit recoveries, and	110056
reimbursements for the tax imposed under this chapter made by	110057
entities that are part of the same combined taxpayer or	110058
consolidated elected taxpayer group, and reimbursements made by	110059
entities that are not members of a combined taxpayer or	110060
consolidated elected taxpayer group that are required to be made	110061
for economic parity among multiple owners of an entity whose tax	110062
obligation under this chapter is required to be reported and paid	110063
entirely by one owner, pursuant to the requirements of sections	110064
5751.011 and 5751.012 of the Revised Code;	110065

(n) Pension reversions;

110066

(o) Contributions to capital;

110067

(p) Sales or use taxes collected as a vendor or an	110068
out-of-state seller on behalf of the taxing jurisdiction from a	110069
consumer or other taxes the taxpayer is required by law to collect	110070
directly from a purchaser and remit to a local, state, or federal	110071
tax authority;	110072

(q) In the case of receipts from the sale of cigarettes or	110073
tobacco products by a wholesale dealer, retail dealer,	110074
distributor, manufacturer, or seller, all as defined in section	110075
5743.01 of the Revised Code, an amount equal to the federal and	110076
state excise taxes paid by any person on or for such cigarettes or	110077
tobacco products under subtitle E of the Internal Revenue Code or	110078
Chapter 5743. of the Revised Code;	110079

(r) In the case of receipts from the sale of motor fuel by a	110080
licensed motor fuel dealer, licensed retail dealer, or licensed	110081
permissive motor fuel dealer, all as defined in section 5735.01 of	110082
the Revised Code, an amount equal to federal and state excise	110083
taxes paid by any person on such motor fuel under section 4081 of	110084
the Internal Revenue Code or Chapter 5735. of the Revised Code;	110085

(s) In the case of receipts from the sale of beer or	110086
intoxicating liquor, as defined in section 4301.01 of the Revised	110087
Code, by a person holding a permit issued under Chapter 4301. or	110088
4303. of the Revised Code, an amount equal to federal and state	110089
excise taxes paid by any person on or for such beer or	110090
intoxicating liquor under subtitle E of the Internal Revenue Code	110091
or Chapter 4301. or 4305. of the Revised Code;	110092

(t) Receipts realized by a new motor vehicle dealer or used	110093
motor vehicle dealer, as defined in section 4517.01 of the Revised	110094
Code, from the sale or other transfer of a motor vehicle, as	110095
defined in that section, to another motor vehicle dealer for the	110096
purpose of resale by the transferee motor vehicle dealer, but only	110097
if the sale or other transfer was based upon the transferee's need	110098
to meet a specific customer's preference for a motor vehicle;	110099

(u) Receipts from a financial institution described in	110100
division (E)(3) of this section for services provided to the	110101
financial institution in connection with the issuance, processing,	110102
servicing, and management of loans or credit accounts, if such	110103
financial institution and the recipient of such receipts have at	110104
least fifty per cent of their ownership interests owned or	110105
controlled, directly or constructively through related interests,	110106
by common owners;	110107

(v) Receipts realized from administering anti-neoplastic	110108
drugs and other cancer chemotherapy, biologicals, therapeutic	110109
agents, and supportive drugs in a physician's office to patients	110110
with cancer;	110111

(w) Funds received or used by a mortgage broker that is not a	110112
dealer in intangibles, other than fees or other consideration,	110113
pursuant to a table-funding mortgage loan or warehouse-lending	110114
mortgage loan. Terms used in division (F)(2)(w) of this section	110115
have the same meanings as in section 1322.01 of the Revised Code,	110116
except "mortgage broker" means a person assisting a buyer in	110117
obtaining a mortgage loan for a fee or other consideration paid by	110118
the buyer or a lender, or a person engaged in table-funding or	110119
warehouse-lending mortgage loans that are first lien mortgage	110120
loans.	110121

(x) Property, money, and other amounts received by a	110122
professional employer organization, as defined in section 4125.01	110123
of the Revised Code, from a client employer, as defined in that	110124
section, in excess of the administrative fee charged by the	110125
professional employer organization to the client employer;	110126

(y) In the case of amounts retained as commissions by a	110127
permit holder under Chapter 3769. of the Revised Code, an amount	110128
equal to the amounts specified under that chapter that must be	110129
paid to or collected by the tax commissioner as a tax and the	110130
amounts specified under that chapter to be used as purse money;	110131

(z) Qualifying distribution center receipts.

110132

(i) For purposes of division (F)(2)(z) of this section:

110133

(I) "Qualifying distribution center receipts" means receipts	110134
of a supplier from qualified property that is delivered to a	110135
qualified distribution center, multiplied by a quantity that	110136
equals one minus the Ohio delivery percentage. If the qualified	110137
distribution center is a refining facility, "supplier" includes	110138
all dealers, brokers, processors, sellers, vendors, cosigners, and	110139
distributors of qualified property.	110140

(II) "Qualified property" means tangible personal property	110141
delivered to a qualified distribution center that is shipped to	110142
that qualified distribution center solely for further shipping by	110143
the qualified distribution center to another location in this	110144
state or elsewhere or, in the case of gold, silver, platinum, or	110145
palladium delivered to a refining facility solely for refining to	110146
a grade and fineness acceptable for delivery to a registered	110147
commodities exchange. "Further shipping" includes storing and	110148
repackaging property into smaller or larger bundles, so long as	110149
the property is not subject to further manufacturing or	110150
processing. "Refining" is limited to extracting impurities from	110151
gold, silver, platinum, or palladium through smelting or some	110152
other process at a refining facility.	110153

(III) "Qualified distribution center" means a warehouse, a	110154
facility similar to a warehouse, or a refining facility in this	110155
state that, for the qualifying year, is operated by a person that	110156
is not part of a combined taxpayer group and that has a qualifying	110157
certificate. All warehouses or facilities similar to warehouses	110158
that are operated by persons in the same taxpayer group and that	110159
are located within one mile of each other shall be treated as one	110160
qualified distribution center. All refining facilities that are	110161
operated by persons in the same taxpayer group and that are	110162
located in the same or adjacent counties may be treated as one	110163
qualified distribution center.	110164

(IV) "Qualifying year" means the calendar year to which the	110165
qualifying certificate applies.	110166

(V) "Qualifying period" means the period of the first day of	110167
July of the second year preceding the qualifying year through the	110168
thirtieth day of June of the year preceding the qualifying year.	110169

(VI) "Qualifying certificate" means the certificate issued by	110170
the tax commissioner after the operator of a distribution center	110171
files an annual application with the commissioner. The application	110172
and annual fee shall be filed and paid for each qualified	110173
distribution center on or before the first day of September before	110174
the qualifying year or within forty-five days after the	110175
distribution center opens, whichever is later.	110176

The applicant must substantiate to the commissioner's	110177
satisfaction that, for the qualifying period, all persons	110178
operating the distribution center have more than fifty per cent of	110179
the cost of the qualified property shipped to a location such that	110180
it would be sitused outside this state under the provisions of	110181
division (E) of section 5751.033 of the Revised Code. The	110182
applicant must also substantiate that the distribution center	110183
cumulatively had costs from its suppliers equal to or exceeding	110184
five hundred million dollars during the qualifying period. (For	110185
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	110186
excludes any person that is part of the consolidated elected	110187
taxpayer group, if applicable, of the operator of the qualified	110188
distribution center.) The commissioner may require the applicant	110189
to have an independent certified public accountant certify that	110190
the calculation of the minimum thresholds required for a qualified	110191
distribution center by the operator of a distribution center has	110192
been made in accordance with generally accepted accounting	110193
principles. The commissioner shall issue or deny the issuance of a	110194
certificate within sixty days after the receipt of the	110195
application. A denial is subject to appeal under section 5717.02	110196
of the Revised Code. If the operator files a timely appeal under	110197
section 5717.02 of the Revised Code, the operator shall be granted	110198
a qualifying certificate, provided that the operator is liable for	110199
any tax, interest, or penalty upon amounts claimed as qualifying	110200
distribution center receipts, other than those receipts exempt	110201
under division (C)(1) of section 5751.011 of the Revised Code,	110202
that would have otherwise not been owed by its suppliers if the	110203
qualifying certificate was valid.	110204

(VII) "Ohio delivery percentage" means the proportion of the	110205
total property delivered to a destination inside Ohio from the	110206
qualified distribution center during the qualifying period	110207
compared with total deliveries from such distribution center	110208
everywhere during the qualifying period.	110209

(VIII) "Refining facility" means one or more buildings	110210
located in a county in the Appalachian region of this state as	110211
defined by section 107.21 of the Revised Code and utilized for	110212
refining or smelting gold, silver, platinum, or palladium to a	110213
grade and fineness acceptable for delivery to a registered	110214
commodities exchange.	110215

(IX) "Registered commodities exchange" means a board of	110216
trade, such as New York mercantile exchange, inc. or commodity	110217
exchange, inc., designated as a contract market by the commodity	110218
futures trading commission under the "Commodity Exchange Act," 7	110219
U.S.C. 1 et seq., as amended.	110220

(ii) If the distribution center is new and was not open for	110221
the entire qualifying period, the operator of the distribution	110222
center may request that the commissioner grant a qualifying	110223
certificate. If the certificate is granted and it is later	110224
determined that more than fifty per cent of the qualified property	110225
during that year was not shipped to a location such that it would	110226
be sitused outside of this state under the provisions of division	110227
(E) of section 5751.033 of the Revised Code or if it is later	110228
determined that the person that operates the distribution center	110229
had average monthly costs from its suppliers of less than forty	110230
million dollars during that year, then the operator of the	110231
distribution center shall be liable for any tax, interest, or	110232
penalty upon amounts claimed as qualifying distribution center	110233
receipts, other than those receipts exempt under division (C)(1)	110234
of section 5751.011 of the Revised Code, that would have not	110235
otherwise been owed by its suppliers during the qualifying year if	110236
the qualifying certificate was valid. (For purposes of division	110237
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	110238
is part of the consolidated elected taxpayer group, if applicable,	110239
of the operator of the qualified distribution center.)	110240

(iii) When filing an application for a qualifying certificate	110241
under division (F)(2)(z)(i)(VI) of this section, the operator of a	110242
qualified distribution center also shall provide documentation, as	110243
the commissioner requires, for the commissioner to ascertain the	110244
Ohio delivery percentage. The commissioner, upon issuing the	110245
qualifying certificate, also shall certify the Ohio delivery	110246
percentage. The operator of the qualified distribution center may	110247
appeal the commissioner's certification of the Ohio delivery	110248
percentage in the same manner as an appeal is taken from the	110249
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	110250
of this section.	110251

Within thirty days after all appeals have been exhausted, the	110252
operator of the qualified distribution center shall notify the	110253
affected suppliers of qualified property that such suppliers are	110254
required to file, within sixty days after receiving notice from	110255
the operator of the qualified distribution center, amended reports	110256
for the impacted calendar quarter or quarters or calendar year,	110257
whichever the case may be. Any additional tax liability or tax	110258
overpayment shall be subject to interest but shall not be subject	110259
to the imposition of any penalty so long as the amended returns	110260
are timely filed. The supplier of tangible personal property	110261
delivered to the qualified distribution center shall include in	110262
its report of taxable gross receipts the receipts from the total	110263
sales of property delivered to the qualified distribution center	110264
for the calendar quarter or calendar year, whichever the case may	110265
be, multiplied by the Ohio delivery percentage for the qualifying	110266
year. Nothing in division (F)(2)(z)(iii) of this section shall be	110267
construed as imposing liability on the operator of a qualified	110268
distribution center for the tax imposed by this chapter arising	110269
from any change to the Ohio delivery percentage.	110270

(iv) In the case where the distribution center is new and not	110271
open for the entire qualifying period, the operator shall make a	110272
good faith estimate of an Ohio delivery percentage for use by	110273
suppliers in their reports of taxable gross receipts for the	110274
remainder of the qualifying period. The operator of the facility	110275
shall disclose to the suppliers that such Ohio delivery percentage	110276
is an estimate and is subject to recalculation. By the due date of	110277
the next application for a qualifying certificate, the operator	110278
shall determine the actual Ohio delivery percentage for the	110279
estimated qualifying period and proceed as provided in division	110280
(F)(2)(z)(iii) of this section with respect to the calculation and	110281
recalculation of the Ohio delivery percentage. The supplier is	110282
required to file, within sixty days after receiving notice from	110283
the operator of the qualified distribution center, amended reports	110284
for the impacted calendar quarter or quarters or calendar year,	110285
whichever the case may be. Any additional tax liability or tax	110286
overpayment shall be subject to interest but shall not be subject	110287
to the imposition of any penalty so long as the amended returns	110288
are timely filed.	110289

(v) Qualifying certificates and Ohio delivery percentages	110290
issued by the commissioner shall be open to public inspection and	110291
shall be timely published by the commissioner. A supplier relying	110292
in good faith on a certificate issued under this division shall	110293
not be subject to tax on the qualifying distribution center	110294
receipts under division (F)(2)(z) of this section. A person	110295
receiving a qualifying certificate is responsible for paying the	110296
tax, interest, and penalty upon amounts claimed as qualifying	110297
distribution center receipts that would not otherwise have been	110298
owed by the supplier if the qualifying certificate were available	110299
when it is later determined that the qualifying certificate should	110300
not have been issued because the statutory requirements were in	110301
fact not met.	110302

(vi) The annual fee for a qualifying certificate shall be one	110303
hundred thousand dollars for each qualified distribution center.	110304
If a qualifying certificate is not issued, the annual fee is	110305
subject to refund after the exhaustion of all appeals provided for	110306
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	110307
under this division may be assessed in the same manner as the tax	110308
imposed under this chapter. The first one hundred thousand dollars	110309
of the annual application fees collected each calendar year shall	110310
be credited to the revenue enhancement fund. The remainder of the	110311
annual application fees collected shall be distributed in the same	110312
manner required under section 5751.20 of the Revised Code.	110313

(vii) The tax commissioner may require that adequate security	110314
be posted by the operator of the distribution center on appeal	110315
when the commissioner disagrees that the applicant has met the	110316
minimum thresholds for a qualified distribution center as set	110317
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	110318
section.	110319

(aa) Receipts of an employer from payroll deductions relating	110320
to the reimbursement of the employer for advancing moneys to an	110321
unrelated third party on an employee's behalf;	110322

(bb) Cash discounts allowed and taken;

110323

(cc) Returns and allowances;

110324

(dd) Bad debts from receipts on the basis of which the tax	110325
imposed by this chapter was paid in a prior quarterly tax payment	110326
period. For the purpose of this division, "bad debts" means any	110327
debts that have become worthless or uncollectible between the	110328
preceding and current quarterly tax payment periods, have been	110329
uncollected for at least six months, and that may be claimed as a	110330
deduction under section 166 of the Internal Revenue Code and the	110331
regulations adopted under that section, or that could be claimed	110332
as such if the taxpayer kept its accounts on the accrual basis.	110333
"Bad debts" does not include repossessed property, uncollectible	110334
amounts on property that remains in the possession of the taxpayer	110335
until the full purchase price is paid, or expenses in attempting	110336
to collect any account receivable or for any portion of the debt	110337
recovered;	110338

(ee) Any amount realized from the sale of an account	110339
receivable to the extent the receipts from the underlying	110340
transaction giving rise to the account receivable were included in	110341
the gross receipts of the taxpayer;	110342

(ff) Any receipts directly attributed to providing public	110343
services pursuant to sections 126.60 to 126.605 of the Revised	110344
Code, or any receipts directly attributed to a transfer agreement	110345
or to the enterprise transferred under that agreement under	110346
section 4313.02 of the Revised Code.	110347

(gg)(i) As used in this division:

110348

(I) "Qualified uranium receipts" means receipts from the	110349
sale, exchange, lease, loan, production, processing, or other	110350
disposition of uranium within a uranium enrichment zone certified	110351
by the tax commissioner under division (F)(2)(gg)(ii) of this	110352
section. "Qualified uranium receipts" does not include any	110353
receipts with a situs in this state outside a uranium enrichment	110354
zone certified by the tax commissioner under division	110355
(F)(2)(gg)(ii) of this section.	110356

(II) "Uranium enrichment zone" means all real property that	110357
is part of a uranium enrichment facility licensed by the United	110358
States nuclear regulatory commission and that was or is owned or	110359
controlled by the United States department of energy or its	110360
successor.	110361

(ii) Any person that owns, leases, or operates real or	110362
tangible personal property constituting or located within a	110363
uranium enrichment zone may apply to the tax commissioner to have	110364
the uranium enrichment zone certified for the purpose of excluding	110365
qualified uranium receipts under division (F)(2)(gg) of this	110366
section. The application shall include such information that the	110367
tax commissioner prescribes. Within sixty days after receiving the	110368
application, the tax commissioner shall certify the zone for that	110369
purpose if the commissioner determines that the property qualifies	110370
as a uranium enrichment zone as defined in division (F)(2)(gg) of	110371
this section, or, if the tax commissioner determines that the	110372
property does not qualify, the commissioner shall deny the	110373
application or request additional information from the applicant.	110374
If the tax commissioner denies an application, the commissioner	110375
shall state the reasons for the denial. The applicant may appeal	110376
the denial of an application to the board of tax appeals pursuant	110377
to section 5717.02 of the Revised Code. If the applicant files a	110378
timely appeal, the tax commissioner shall conditionally certify	110379
the applicant's property. The conditional certification shall	110380
expire when all of the applicant's appeals are exhausted. Until	110381
final resolution of the appeal, the applicant shall retain the	110382
applicant's records in accordance with section 5751.12 of the	110383
Revised Code, notwithstanding any time limit on the preservation	110384
of records under that section.	110385

(hh) Amounts realized by licensed motor fuel dealers or	110386
licensed permissive motor fuel dealers from the exchange of	110387
petroleum products, including motor fuel, between such dealers,	110388
provided that delivery of the petroleum products occurs at a	110389
refinery, terminal, pipeline, or marine vessel and that the	110390
exchanging dealers agree neither dealer shall require monetary	110391
compensation from the other for the value of the exchanged	110392
petroleum products other than such compensation for differences in	110393
product location or grade. Division (F)(2)(hh) of this section	110394
does not apply to amounts realized as a result of differences in	110395
location or grade of exchanged petroleum products or from	110396
handling, lubricity, dye, or other additive injections fees,	110397
pipeline security fees, or similar fees. As used in this division,	110398
"motor fuel," "licensed motor fuel dealer," "licensed permissive	110399
motor fuel dealer," and "terminal" have the same meanings as in	110400
section 5735.01 of the Revised Code.	110401

(ii) In the case of amounts collected by a licensed casino	110402
operator from casino gaming, amounts in excess of the casino	110403
operator's gross casino revenue. In this division, "casino	110404
operator" and "casino gaming" have the meanings defined in section	110405
3772.01 of the Revised Code, and "gross casino revenue" has the	110406
meaning defined in section 5753.01 of the Revised Code.	110407

(jj) Receipts realized from the sale of agricultural	110408
commodities by an agricultural commodity handler, both as defined	110409
in section 926.01 of the Revised Code, that is licensed by the	110410
director of agriculture to handle agricultural commodities in this	110411
state.	110412

(kk) Any receipts for which the tax imposed by this chapter	110413
is prohibited by the constitution or laws of the United States or	110414
the constitution of this state.	110415

(3) In the case of a taxpayer when acting as a real estate	110416
broker, "gross receipts" includes only the portion of any fee for	110417
the service of a real estate broker, or service of a real estate	110418
salesperson associated with that broker, that is retained by the	110419
broker and not paid to an associated real estate salesperson or	110420
another real estate broker. For the purposes of this division,	110421
"real estate broker" and "real estate salesperson" have the same	110422
meanings as in section 4735.01 of the Revised Code.	110423

(4) A taxpayer's method of accounting for gross receipts for	110424
a tax period shall be the same as the taxpayer's method of	110425
accounting for federal income tax purposes for the taxpayer's	110426
federal taxable year that includes the tax period. If a taxpayer's	110427
method of accounting for federal income tax purposes changes, its	110428
method of accounting for gross receipts under this chapter shall	110429
be changed accordingly.	110430

(G) "Taxable gross receipts" means gross receipts sitused to	110431
this state under section 5751.033 of the Revised Code.	110432

(H) A person has "substantial nexus with this state" if any	110433
of the following applies. The person:	110434

(1) Owns or uses a part or all of its capital in this state;

110435

(2) Holds a certificate of compliance with the laws of this	110436
state authorizing the person to do business in this state;	110437

(3) Has bright-line presence in this state;

110438

(4) Otherwise has nexus with this state to an extent that the	110439
person can be required to remit the tax imposed under this chapter	110440
under the Constitution of the United States.	110441

(I) A person has "bright-line presence" in this state for a	110442
reporting period and for the remaining portion of the calendar	110443
year if any of the following applies. The person:	110444

(1) Has at any time during the calendar year property in this	110445
state with an aggregate value of at least fifty thousand dollars.	110446
For the purpose of division (I)(1) of this section, owned property	110447
is valued at original cost and rented property is valued at eight	110448
times the net annual rental charge.	110449

(2) Has during the calendar year payroll in this state of at	110450
least fifty thousand dollars. Payroll in this state includes all	110451
of the following:	110452

(a) Any amount subject to withholding by the person under	110453
section 5747.06 of the Revised Code;	110454

(b) Any other amount the person pays as compensation to an	110455
individual under the supervision or control of the person for work	110456
done in this state; and	110457

(c) Any amount the person pays for services performed in this	110458
state on its behalf by another.	110459

(3) Has during the calendar year taxable gross receipts of at	110460
least five hundred thousand dollars.	110461

(4) Has at any time during the calendar year within this	110462
state at least twenty-five per cent of the person's total	110463
property, total payroll, or total gross receipts.	110464

(5) Is domiciled in this state as an individual or for	110465
corporate, commercial, or other business purposes.	110466

(J) "Tangible personal property" has the same meaning as in	110467
section 5739.01 of the Revised Code.	110468

(K) "Internal Revenue Code" means the Internal Revenue Code	110469
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	110470
this chapter that is not otherwise defined has the same meaning as	110471
when used in a comparable context in the laws of the United States	110472
relating to federal income taxes unless a different meaning is	110473
clearly required. Any reference in this chapter to the Internal	110474
Revenue Code includes other laws of the United States relating to	110475
federal income taxes.	110476

(L) "Calendar quarter" means a three-month period ending on	110477
the thirty-first day of March, the thirtieth day of June, the	110478
thirtieth day of September, or the thirty-first day of December.	110479

(M) "Tax period" means the calendar quarter or calendar year	110480
on the basis of which a taxpayer is required to pay the tax	110481
imposed under this chapter.	110482

(N) "Calendar year taxpayer" means a taxpayer for which the	110483
tax period is a calendar year.	110484

(O) "Calendar quarter taxpayer" means a taxpayer for which	110485
the tax period is a calendar quarter.	110486

(P) "Agent" means a person authorized by another person to	110487
act on its behalf to undertake a transaction for the other,	110488
including any of the following:	110489

(1) A person receiving a fee to sell financial instruments;

110490

(2) A person retaining only a commission from a transaction	110491
with the other proceeds from the transaction being remitted to	110492
another person;	110493

(3) A person issuing licenses and permits under section	110494
1533.13 of the Revised Code;	110495

(4) A lottery sales agent holding a valid license issued	110496
under section 3770.05 of the Revised Code;	110497

(5) A person acting as an agent of the division of liquor	110498
control under section 4301.17 of the Revised Code.	110499

(Q) "Received" includes amounts accrued under the accrual	110500
method of accounting.	110501

(R) "Reporting person" means a person in a consolidated	110502
elected taxpayer or combined taxpayer group that is designated by	110503
that group to legally bind the group for all filings and tax	110504
liabilities and to receive all legal notices with respect to	110505
matters under this chapter, or, for the purposes of section	110506
5751.04 of the Revised Code, a separate taxpayer that is not a	110507
member of such a group.	110508

Sec. 5751.014. All members of a consolidated elected	110509
taxpayer or combined taxpayer group during the tax period or	110510
periods for which additional tax, penalty, or interest is owed are	110511
jointly and severally liable for such amounts. Although the	110512
reporting person will be assessed for the liability, such amounts	110513
due may be collected by assessment against any member of the group	110514
as provided in section 5703.90 of the Revised Code or pursued	110515
against any member of the group when a liability is certified to	110516
the attorney general under section 131.02 of the Revised Code.	110517

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	110518
~~calendar quarter~~under this chapter shall remit each tax payment,	110519
and, if required by the tax commissioner, file the tax return or	110520
the annual report, electronically. The commissioner may require	110521
taxpayers to use the Ohio business gateway as defined in section	110522
718.051 of the Revised Code to file returns and remit the tax, or	110523
may provide another means for taxpayers to file and remit the tax	110524
electronically.	110525

(B) A person required by this section to remit taxes or file	110526
returns electronically may apply to the tax commissioner, on the	110527
form prescribed by the commissioner, to be excused from that	110528
requirement. The commissioner may excuse a person from the	110529
requirements of this division for good cause.	110530

(C)(1) If a person required to remit taxes or file a return	110531
electronically under this section fails to do so, the commissioner	110532
may impose a penalty not to exceed the following:	110533

(a) For either of the first two ~~calendar quarters~~tax periods	110534
the person so fails, the greater of twenty-five dollars or five	110535
per cent of the amount of the payment that was required to be	110536
remitted;	110537

(b) For the third and any subsequent ~~calendar quarters~~tax	110538
periods the person so fails, the greater of fifty dollars or ten	110539
per cent of the amount of the payment that was required to be	110540
remitted.	110541

(2) The penalty imposed under division (C)(1) of this section	110542
is in addition to any other penalty imposed under this chapter and	110543
shall be considered as revenue arising from the tax imposed under	110544
this chapter. A penalty may be collected by assessment in the	110545
manner prescribed by section 5751.09 of the Revised Code. The tax	110546
commissioner may abate all or a portion of such a penalty.	110547

(D) The tax commissioner may adopt rules necessary to	110548
administer this section.	110549

Sec. 5751.081. As used in this section, "debt to this state"	110550
means unpaid taxes due the state, unpaid workers' compensation	110551
premiums due under section 4123.35 of the Revised Code, unpaid	110552
unemployment compensation contributions due under section 4141.25	110553
of the Revised Code, unpaid unemployment compensation payment in	110554
lieu of contribution under section 4141.241 of the Revised Code,	110555
unpaid fee payable to the state or to the clerk of courts pursuant	110556
to section 4505.06 of the Revised Code, incorrect ~~medical~~	110557
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	110558
~~the Revised Code~~the medicaid program, or any unpaid charge,	110559
penalty, or interest arising from any of the foregoing.	110560

If a taxpayer entitled to a refund under section 5751.08 of	110561
the Revised Code owes any debt to this state, the amount	110562
refundable may be applied in satisfaction of the debt. If the	110563
amount refundable is less than the amount of the debt, it may be	110564
applied in partial satisfaction of the debt. If the amount	110565
refundable is greater than the amount of the debt, the amount	110566
remaining after satisfaction of the debt shall be refunded. This	110567
section applies only to debts that have become final. For the	110568
purposes of this section, a debt becomes final when, under the	110569
applicable law, any time provided for petition for reassessment,	110570
request for reconsideration, or other appeal of the legality or	110571
validity of the amount giving rise to the debt expires without an	110572
appeal having been filed in the manner provided by law.	110573

Sec. 5751.09. (A) The tax commissioner may make an	110574
assessment, based on any information in the commissioner's	110575
possession, against any person that fails to file a return or pay	110576
any tax as required by this chapter. The commissioner shall give	110577
the person assessed written notice of the assessment as provided	110578
in section 5703.37 of the Revised Code. With the notice, the	110579
commissioner shall provide instructions on the manner in which to	110580
petition for reassessment and request a hearing with respect to	110581
the petition. The commissioner shall send any assessments against	110582
consolidated elected taxpayer and combined taxpayer groups under	110583
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	110584
"reporting person" as defined under division (R) of section	110585
5751.01 of the Revised Code. The reporting person shall notify all	110586
members of the group of the assessment and all outstanding taxes,	110587
interest, and penalties for which the assessment is issued.	110588

(B) Unless the person assessed, within sixty days after	110589
service of the notice of assessment, files with the tax	110590
commissioner, either personally or by certified mail, a written	110591
petition signed by the person or the person's authorized agent	110592
having knowledge of the facts, the assessment becomes final, and	110593
the amount of the assessment is due and payable from the person	110594
assessed to the treasurer of state. The petition shall indicate	110595
the objections of the person assessed, but additional objections	110596
may be raised in writing if received by the commissioner prior to	110597
the date shown on the final determination.	110598

If a petition for reassessment has been properly filed, the	110599
commissioner shall proceed under section 5703.60 of the Revised	110600
Code.	110601

(C)(1) After an assessment becomes final, if any portion of	110602
the assessment, including accrued interest, remains unpaid, a	110603
certified copy of the tax commissioner's entry making the	110604
assessment final may be filed in the office of the clerk of the	110605
court of common pleas in the county in which the person resides or	110606
has its principal place of business in this state, or in the	110607
office of the clerk of court of common pleas of Franklin county.	110608

(2) Immediately upon the filing of the entry, the clerk shall	110609
enter judgment for the state against the person assessed in the	110610
amount shown on the entry. The judgment may be filed by the clerk	110611
in a loose-leaf book entitled, "special judgments for the	110612
commercial activity tax" and shall have the same effect as other	110613
judgments. Execution shall issue upon the judgment at the request	110614
of the tax commissioner, and all laws applicable to sales on	110615
execution shall apply to sales made under the judgment.	110616

(3) ~~The portion of~~If the assessment is not paid in its	110617
entirety within sixty days after the day the assessment was	110618
issued, the portion of the assessment consisting of tax due shall	110619
bear interest at the rate per annum prescribed by section 5703.47	110620
of the Revised Code from the day the tax commissioner issues the	110621
assessment until it is paid or until it is certified to the	110622
attorney general for collection under section 131.02 of the	110623
Revised Code, whichever comes first. If the unpaid portion of the	110624
assessment is certified to the attorney general for collection,	110625
the entire unpaid portion of the assessment shall bear interest at	110626
the rate per annum prescribed by section 5703.47 of the Revised	110627
Code from the date of certification until the date it is paid in	110628
its entirety. Interest shall be paid in the same manner as the tax	110629
and may be collected by the issuance of an assessment under this	110630
section.	110631

(D) If the tax commissioner believes that collection of the	110632
tax will be jeopardized unless proceedings to collect or secure	110633
collection of the tax are instituted without delay, the	110634
commissioner may issue a jeopardy assessment against the person	110635
liable for the tax. Immediately upon the issuance of the jeopardy	110636
assessment, the commissioner shall file an entry with the clerk of	110637
the court of common pleas in the manner prescribed by division (C)	110638
of this section. Notice of the jeopardy assessment shall be served	110639
on the person assessed or the person's authorized agent in the	110640
manner provided in section 5703.37 of the Revised Code within five	110641
days of the filing of the entry with the clerk. The total amount	110642
assessed is immediately due and payable, unless the person	110643
assessed files a petition for reassessment in accordance with	110644
division (B) of this section and provides security in a form	110645
satisfactory to the commissioner and in an amount sufficient to	110646
satisfy the unpaid balance of the assessment. Full or partial	110647
payment of the assessment does not prejudice the commissioner's	110648
consideration of the petition for reassessment.	110649

(E) The tax commissioner shall immediately forward to the	110650
treasurer of state all amounts the commissioner receives under	110651
this section, and such amounts shall be considered as revenue	110652
arising from the tax imposed under this chapter.	110653

(F) Except as otherwise provided in this division, no	110654
assessment shall be made or issued against a taxpayer for the tax	110655
imposed under this chapter more than four years after the due date	110656
for the filing of the return for the tax period for which the tax	110657
was reported, or more than four years after the return for the tax	110658
period was filed, whichever is later. The time limit may be	110659
extended if both the taxpayer and the commissioner consent in	110660
writing to the extension or enter into an agreement waiving or	110661
extending the time limit. Any such extension shall extend the	110662
four-year time limit in division (B) of section 5751.08 of the	110663
Revised Code for the same period of time. Nothing in this division	110664
bars an assessment against a taxpayer that fails to file a return	110665
required by this chapter or that files a fraudulent return.	110666

(G) If the tax commissioner possesses information that	110667
indicates that the amount of tax a taxpayer is required to pay	110668
under this chapter exceeds the amount the taxpayer paid, the tax	110669
commissioner may audit a sample of the taxpayer's gross receipts	110670
over a representative period of time to ascertain the amount of	110671
tax due, and may issue an assessment based on the audit. The tax	110672
commissioner shall make a good faith effort to reach agreement	110673
with the taxpayer in selecting a representative sample. The tax	110674
commissioner may apply a sampling method only if the commissioner	110675
has prescribed the method by rule.	110676

(H) If the whereabouts of a person subject to this chapter is	110677
not known to the tax commissioner, the commissioner shall follow	110678
the procedures under section 5703.37 of the Revised Code.	110679

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	110680
the Revised Code:	110681

(1) "School district," "joint vocational school district,"	110682
"local taxing unit," "recognized valuation," "fixed-rate levy,"	110683
and "fixed-sum levy" have the same meanings as used in section	110684
5727.84 of the Revised Code.	110685

(2) "State education aid" for a school district means the	110686
following:	110687

(a) For fiscal years prior to fiscal year 2010, the sum of	110688
state aid amounts computed for the district under the following	110689
provisions, as they existed for the applicable fiscal year:	110690
division (A) of section 3317.022 of the Revised Code, including	110691
the amounts calculated under ~~sections~~former section 3317.029 and	110692
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	110693
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	110694
of section 3317.023; divisions (L) and (N) of section 3317.024;	110695
section 3317.0216; and any unit payments for gifted student	110696
services paid under ~~sections~~section 3317.05,and former sections	110697
3317.052, and 3317.053 of the Revised Code; except that, for	110698
fiscal years 2008 and 2009, the amount computed for the district	110699
under Section 269.20.80 of H.B. 119 of the 127th general assembly	110700
and as that section subsequently may be amended shall be	110701
substituted for the amount computed under division (D) of section	110702
3317.022 of the Revised Code, and the amount computed under	110703
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	110704
that section subsequently may be amended shall be included.	110705

(b) For fiscal years 2010 and 2011, the sum of the amounts	110706
computed under former sections 3306.052, 3306.12, 3306.13,	110707
3306.19, 3306.191, and 3306.192 of the Revised Code;	110708

(c) For fiscal years 2012 and 2013, the sum of the amounts	110709
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	110710
153 of the 129th general assembly;	110711

(d) For fiscal year 2014 and each fiscal year thereafter, the	110712
sum of state amounts computed for the district under section	110713
3317.022 of the Revised Code; except that, for fiscal years 2014	110714
and 2015, the amount computed for the district under the section	110715
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	110716
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	110717

(3) "State education aid" for a joint vocational school	110718
district means the following:	110719

(a) For fiscal years prior to fiscal year 2010, the sum of	110720
the state aid computed for the district under division (N) of	110721
section 3317.024 and former section 3317.16 of the Revised Code,	110722
except that, for fiscal years 2008 and 2009, the amount computed	110723
under Section 269.30.80 of H.B. 119 of the 127th general assembly	110724
and as that section subsequently may be amended shall be included.	110725

(b) For fiscal years 2010 and 2011, the amount paid in	110726
accordance with Section 265.30.50 of H.B. 1 of the 128th general	110727
assembly.	110728

(c) For fiscal years 2012 and 2013, the amount paid in	110729
accordance with Section 267.30.60 of H.B. 153 of the 129th general	110730
assembly.	110731

(d) For fiscal year 2014 and each fiscal year thereafter, the	110732
amount computed for the district under section 3317.16 of the	110733
Revised Code; except that, for fiscal years 2014 and 2015, the	110734
amount computed for the district under the section of this act	110735
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	110736
shall be included.	110737

(4) "State education aid offset" means the amount determined	110738
for each school district or joint vocational school district under	110739
division (A)(1) of section 5751.21 of the Revised Code.	110740

(5) "Machinery and equipment property tax value loss" means	110741
the amount determined under division (C)(1) of this section.	110742

(6) "Inventory property tax value loss" means the amount	110743
determined under division (C)(2) of this section.	110744

(7) "Furniture and fixtures property tax value loss" means	110745
the amount determined under division (C)(3) of this section.	110746

(8) "Machinery and equipment fixed-rate levy loss" means the	110747
amount determined under division (D)(1) of this section.	110748

(9) "Inventory fixed-rate levy loss" means the amount	110749
determined under division (D)(2) of this section.	110750

(10) "Furniture and fixtures fixed-rate levy loss" means the	110751
amount determined under division (D)(3) of this section.	110752

(11) "Total fixed-rate levy loss" means the sum of the	110753
machinery and equipment fixed-rate levy loss, the inventory	110754
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	110755
loss, and the telephone company fixed-rate levy loss.	110756

(12) "Fixed-sum levy loss" means the amount determined under	110757
division (E) of this section.	110758

(13) "Machinery and equipment" means personal property	110759
subject to the assessment rate specified in division (F) of	110760
section 5711.22 of the Revised Code.	110761

(14) "Inventory" means personal property subject to the	110762
assessment rate specified in division (E) of section 5711.22 of	110763
the Revised Code.	110764

(15) "Furniture and fixtures" means personal property subject	110765
to the assessment rate specified in division (G) of section	110766
5711.22 of the Revised Code.	110767

(16) "Qualifying levies" are levies in effect for tax year	110768
2004 or applicable to tax year 2005 or approved at an election	110769
conducted before September 1, 2005. For the purpose of determining	110770
the rate of a qualifying levy authorized by section 5705.212 or	110771
5705.213 of the Revised Code, the rate shall be the rate that	110772
would be in effect for tax year 2010.	110773

(17) "Telephone property" means tangible personal property of	110774
a telephone, telegraph, or interexchange telecommunications	110775
company subject to an assessment rate specified in section	110776
5727.111 of the Revised Code in tax year 2004.	110777

(18) "Telephone property tax value loss" means the amount	110778
determined under division (C)(4) of this section.	110779

(19) "Telephone property fixed-rate levy loss" means the	110780
amount determined under division (D)(4) of this section.	110781

(20) "Taxes charged and payable" means taxes charged and	110782
payable after the reduction required by section 319.301 of the	110783
Revised Code but before the reductions required by sections	110784
319.302 and 323.152 of the Revised Code.	110785

(21) "Median estate tax collections" means, in the case of a	110786
municipal corporation to which revenue from the taxes levied in	110787
Chapter 5731. of the Revised Code was distributed in each of	110788
calendar years 2006, 2007, 2008, and 2009, the median of those	110789
distributions. In the case of a municipal corporation to which no	110790
distributions were made in one or more of those years, "median	110791
estate tax collections" means zero.	110792

(22) "Total resources," in the case of a school district,	110793
means the sum of the amounts in divisions (A)(22)(a) to (h) of	110794
this section less any reduction required under division (A)(32) or	110795
(33) of this section.	110796

(a) The state education aid for fiscal year 2010;

110797

(b) The sum of the payments received by the school district	110798
in fiscal year 2010 for current expense levy losses pursuant to	110799
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	110800
section 5751.21 of the Revised Code, excluding the portion of such	110801
payments attributable to levies for joint vocational school	110802
district purposes;	110803

(c) The sum of fixed-sum levy loss payments received by the	110804
school district in fiscal year 2010 pursuant to division (E)(1) of	110805
section 5727.85 and division (E)(1) of section 5751.21 of the	110806
Revised Code for fixed-sum levies charged and payable for a	110807
purpose other than paying debt charges;	110808

(d) Fifty per cent of the school district's taxes charged and	110809
payable against all property on the tax list of real and public	110810
utility property for current expense purposes for tax year 2008,	110811
including taxes charged and payable from emergency levies charged	110812
and payable under section 5709.194 of the Revised Code and	110813
excluding taxes levied for joint vocational school district	110814
purposes;	110815

(e) Fifty per cent of the school district's taxes charged and	110816
payable against all property on the tax list of real and public	110817
utility property for current expenses for tax year 2009, including	110818
taxes charged and payable from emergency levies and excluding	110819
taxes levied for joint vocational school district purposes;	110820

(f) The school district's taxes charged and payable against	110821
all property on the general tax list of personal property for	110822
current expenses for tax year 2009, including taxes charged and	110823
payable from emergency levies;	110824

(g) The amount certified for fiscal year 2010 under division	110825
(A)(2) of section 3317.08 of the Revised Code;	110826

(h) Distributions received during calendar year 2009 from	110827
taxes levied under section 718.09 of the Revised Code.	110828

(23) "Total resources," in the case of a joint vocational	110829
school district, means the sum of amounts in divisions (A)(23)(a)	110830
to (g) of this section less any reduction required under division	110831
(A)(32) of this section.	110832

(a) The state education aid for fiscal year 2010;

110833

(b) The sum of the payments received by the joint vocational	110834
school district in fiscal year 2010 for current expense levy	110835
losses pursuant to division (C)(2) of section 5727.85 and	110836
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	110837

(c) Fifty per cent of the joint vocational school district's	110838
taxes charged and payable against all property on the tax list of	110839
real and public utility property for current expense purposes for	110840
tax year 2008;	110841

(d) Fifty per cent of the joint vocational school district's	110842
taxes charged and payable against all property on the tax list of	110843
real and public utility property for current expenses for tax year	110844
2009;	110845

(e) Fifty per cent of a city, local, or exempted village	110846
school district's taxes charged and payable against all property	110847
on the tax list of real and public utility property for current	110848
expenses of the joint vocational school district for tax year	110849
2008;	110850

(f) Fifty per cent of a city, local, or exempted village	110851
school district's taxes charged and payable against all property	110852
on the tax list of real and public utility property for current	110853
expenses of the joint vocational school district for tax year	110854
2009;	110855

(g) The joint vocational school district's taxes charged and	110856
payable against all property on the general tax list of personal	110857
property for current expenses for tax year 2009.	110858

(24) "Total resources," in the case of county mental health	110859
and disability related functions, means the sum of the amounts in	110860
divisions (A)(24)(a) and (b) of this section less any reduction	110861
required under division (A)(32) of this section.	110862

(a) The sum of the payments received by the county for mental	110863
health and developmental disability related functions in calendar	110864
year 2010 under division (A)(1) of section 5727.86 and divisions	110865
(A)(1) and (2) of section 5751.22 of the Revised Code as they	110866
existed at that time;	110867

(b) With respect to taxes levied by the county for mental	110868
health and developmental disability related purposes, the taxes	110869
charged and payable for such purposes against all property on the	110870
tax list of real and public utility property for tax year 2009.	110871

(25) "Total resources," in the case of county senior services	110872
related functions, means the sum of the amounts in divisions	110873
(A)(25)(a) and (b) of this section less any reduction required	110874
under division (A)(32) of this section.	110875

(a) The sum of the payments received by the county for senior	110876
services related functions in calendar year 2010 under division	110877
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	110878
5751.22 of the Revised Code as they existed at that time;	110879

(b) With respect to taxes levied by the county for senior	110880
services related purposes, the taxes charged and payable for such	110881
purposes against all property on the tax list of real and public	110882
utility property for tax year 2009.	110883

(26) "Total resources," in the case of county children's	110884
services related functions, means the sum of the amounts in	110885
divisions (A)(26)(a) and (b) of this section less any reduction	110886
required under division (A)(32) of this section.	110887

(a) The sum of the payments received by the county for	110888
children's services related functions in calendar year 2010 under	110889
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	110890
section 5751.22 of the Revised Code as they existed at that time;	110891

(b) With respect to taxes levied by the county for children's	110892
services related purposes, the taxes charged and payable for such	110893
purposes against all property on the tax list of real and public	110894
utility property for tax year 2009.	110895

(27) "Total resources," in the case of county public health	110896
related functions, means the sum of the amounts in divisions	110897
(A)(27)(a) and (b) of this section less any reduction required	110898
under division (A)(32) of this section.	110899

(a) The sum of the payments received by the county for public	110900
health related functions in calendar year 2010 under division	110901
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	110902
5751.22 of the Revised Code as they existed at that time;	110903

(b) With respect to taxes levied by the county for public	110904
health related purposes, the taxes charged and payable for such	110905
purposes against all property on the tax list of real and public	110906
utility property for tax year 2009.	110907

(28) "Total resources," in the case of all county functions	110908
not included in divisions (A)(24) to (27) of this section, means	110909
the sum of the amounts in divisions (A)(28)(a) to (d) of this	110910
section less any reduction required under division (A)(32) or (33)	110911
of this section.	110912

(a) The sum of the payments received by the county for all	110913
other purposes in calendar year 2010 under division (A)(1) of	110914
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	110915
the Revised Code as they existed at that time;	110916

(b) The county's percentage share of county undivided local	110917
government fund allocations as certified to the tax commissioner	110918
for calendar year 2010 by the county auditor under division (J) of	110919
section 5747.51 of the Revised Code or division (F) of section	110920
5747.53 of the Revised Code multiplied by the total amount	110921
actually distributed in calendar year 2010 from the county	110922
undivided local government fund;	110923

(c) With respect to taxes levied by the county for all other	110924
purposes, the taxes charged and payable for such purposes against	110925
all property on the tax list of real and public utility property	110926
for tax year 2009, excluding taxes charged and payable for the	110927
purpose of paying debt charges;	110928

(d) The sum of the amounts distributed to the county in	110929
calendar year 2010 for the taxes levied pursuant to sections	110930
5739.021 and 5741.021 of the Revised Code.	110931

(29) "Total resources," in the case of a municipal	110932
corporation, means the sum of the amounts in divisions (A)(29)(a)	110933
to (g) of this section less any reduction required under division	110934
(A)(32) or (33) of this section.	110935

(a) The sum of the payments received by the municipal	110936
corporation in calendar year 2010 for current expense levy losses	110937
under division (A)(1) of section 5727.86 and divisions (A)(1) and	110938
(2) of section 5751.22 of the Revised Code as they existed at that	110939
time;	110940

(b) The municipal corporation's percentage share of county	110941
undivided local government fund allocations as certified to the	110942
tax commissioner for calendar year 2010 by the county auditor	110943
under division (J) of section 5747.51 of the Revised Code or	110944
division (F) of section 5747.53 of the Revised Code multiplied by	110945
the total amount actually distributed in calendar year 2010 from	110946
the county undivided local government fund;	110947

(c) The sum of the amounts distributed to the municipal	110948
corporation in calendar year 2010 pursuant to section 5747.50 of	110949
the Revised Code;	110950

(d) With respect to taxes levied by the municipal	110951
corporation, the taxes charged and payable against all property on	110952
the tax list of real and public utility property for current	110953
expenses, defined in division (A)(35) of this section, for tax	110954
year 2009;	110955

(e) The amount of admissions tax collected by the municipal	110956
corporation in calendar year 2008, or if such information has not	110957
yet been reported to the tax commissioner, in the most recent year	110958
before 2008 for which the municipal corporation has reported data	110959
to the commissioner;	110960

(f) The amount of income taxes collected by the municipal	110961
corporation in calendar year 2008, or if such information has not	110962
yet been reported to the tax commissioner, in the most recent year	110963
before 2008 for which the municipal corporation has reported data	110964
to the commissioner;	110965

(g) The municipal corporation's median estate tax	110966
collections.	110967

(30) "Total resources," in the case of a township, means the	110968
sum of the amounts in divisions (A)(30)(a) to (c) of this section	110969
less any reduction required under division (A)(32) or (33) of this	110970
section.	110971

(a) The sum of the payments received by the township in	110972
calendar year 2010 pursuant to division (A)(1) of section 5727.86	110973
of the Revised Code and divisions (A)(1) and (2) of section	110974
5751.22 of the Revised Code as they existed at that time,	110975
excluding payments received for debt purposes;	110976

(b) The township's percentage share of county undivided local	110977
government fund allocations as certified to the tax commissioner	110978
for calendar year 2010 by the county auditor under division (J) of	110979
section 5747.51 of the Revised Code or division (F) of section	110980
5747.53 of the Revised Code multiplied by the total amount	110981
actually distributed in calendar year 2010 from the county	110982
undivided local government fund;	110983

(c) With respect to taxes levied by the township, the taxes	110984
charged and payable against all property on the tax list of real	110985
and public utility property for tax year 2009 excluding taxes	110986
charged and payable for the purpose of paying debt charges.	110987

(31) "Total resources," in the case of a local taxing unit	110988
that is not a county, municipal corporation, or township, means	110989
the sum of the amounts in divisions (A)(31)(a) to (e) of this	110990
section less any reduction required under division (A)(32) of this	110991
section.	110992

(a) The sum of the payments received by the local taxing unit	110993
in calendar year 2010 pursuant to division (A)(1) of section	110994
5727.86 of the Revised Code and divisions (A)(1) and (2) of	110995
section 5751.22 of the Revised Code as they existed at that time;	110996

(b) The local taxing unit's percentage share of county	110997
undivided local government fund allocations as certified to the	110998
tax commissioner for calendar year 2010 by the county auditor	110999
under division (J) of section 5747.51 of the Revised Code or	111000
division (F) of section 5747.53 of the Revised Code multiplied by	111001
the total amount actually distributed in calendar year 2010 from	111002
the county undivided local government fund;	111003

(c) With respect to taxes levied by the local taxing unit,	111004
the taxes charged and payable against all property on the tax list	111005
of real and public utility property for tax year 2009 excluding	111006
taxes charged and payable for the purpose of paying debt charges;	111007

(d) The amount received from the tax commissioner during	111008
calendar year 2010 for sales or use taxes authorized under	111009
sections 5739.023 and 5741.022 of the Revised Code;	111010

(e) For institutions of higher education receiving tax	111011
revenue from a local levy, as identified in section 3358.02 of the	111012
Revised Code, the final state share of instruction allocation for	111013
fiscal year 2010 as calculated by the board of regents and	111014
reported to the state controlling board.	111015

(32) If a fixed-rate levy that is a qualifying levy is not	111016
charged and payable in any year after tax year 2010, "total	111017
resources" used to compute payments to be made under division	111018
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	111019
5751.22 of the Revised Code in the tax years following the last	111020
year the levy is charged and payable shall be reduced to the	111021
extent that the payments are attributable to the fixed-rate levy	111022
loss of that levy as would be computed under division (C)(2) of	111023
section 5727.85, division (A)(1) of section 5727.85, divisions	111024
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	111025
5751.22 of the Revised Code.	111026

(33) In the case of a county, municipal corporation, school	111027
district, or township with fixed-rate levy losses attributable to	111028
a tax levied under section 5705.23 of the Revised Code, "total	111029
resources" used to compute payments to be made under division	111030
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	111031
division (C)(12) of section 5751.21, or division (A)(1)(c) of	111032
section 5751.22 of the Revised Code shall be reduced by the	111033
amounts described in divisions (A)(34)(a) to (c) of this section	111034
to the extent that those amounts were included in calculating the	111035
"total resources" of the school district or local taxing unit	111036
under division (A)(22), (28), (29), or (30) of this section.	111037

(34) "Total library resources," in the case of a county,	111038
municipal corporation, school district, or township public library	111039
that receives the proceeds of a tax levied under section 5705.23	111040
of the Revised Code, means the sum of the amounts in divisions	111041
(A)(34)(a) to (c) of this section less any reduction required	111042
under division (A)(32) of this section.	111043

(a) The sum of the payments received by the county, municipal	111044
corporation, school district, or township public library in	111045
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	111046
Revised Code, as they existed at that time, for fixed-rate levy	111047
losses attributable to a tax levied under section 5705.23 of the	111048
Revised Code for the benefit of the public library;	111049

(b) The public library's percentage share of county undivided	111050
local government fund allocations as certified to the tax	111051
commissioner for calendar year 2010 by the county auditor under	111052
division (J) of section 5747.51 of the Revised Code or division	111053
(F) of section 5747.53 of the Revised Code multiplied by the total	111054
amount actually distributed in calendar year 2010 from the county	111055
undivided local government fund;	111056

(c) With respect to a tax levied pursuant to section 5705.23	111057
of the Revised Code for the benefit of the public library, the	111058
amount of such tax that is charged and payable against all	111059
property on the tax list of real and public utility property for	111060
tax year 2009 excluding any tax that is charged and payable for	111061
the purpose of paying debt charges.	111062

(35) "Municipal current expense property tax levies" means	111063
all property tax levies of a municipality, except those with the	111064
following levy names: airport resurfacing; bond or any levy name	111065
including the word "bond"; capital improvement or any levy name	111066
including the word "capital"; debt or any levy name including the	111067
word "debt"; equipment or any levy name including the word	111068
"equipment," unless the levy is for combined operating and	111069
equipment; employee termination fund; fire pension or any levy	111070
containing the word "pension," including police pensions;	111071
fireman's fund or any practically similar name; sinking fund; road	111072
improvements or any levy containing the word "road"; fire truck or	111073
apparatus; flood or any levy containing the word "flood";	111074
conservancy district; county health; note retirement; sewage, or	111075
any levy containing the words "sewage" or "sewer"; park	111076
improvement; parkland acquisition; storm drain; street or any levy	111077
name containing the word "street"; lighting, or any levy name	111078
containing the word "lighting"; and water.	111079

(36) "Current expense TPP allocation" means, in the case of a	111080
school district or joint vocational school district, the sum of	111081
the payments received by the school district in fiscal year 2011	111082
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	111083
Revised Code to the extent paid for current expense levies. In the	111084
case of a municipal corporation, "current expense TPP allocation"	111085
means the sum of the payments received by the municipal	111086
corporation in calendar year 2010 pursuant to divisions (A)(1) and	111087
(2) of section 5751.22 of the Revised Code to the extent paid for	111088
municipal current expense property tax levies as defined in	111089
division (A)(35) of this section, excluding any such payments	111090
received for current expense levy losses attributable to a tax	111091
levied under section 5705.23 of the Revised Code. If a fixed-rate	111092
levy that is a qualifying levy is not charged and payable in any	111093
year after tax year 2010, "current expense TPP allocation" used to	111094
compute payments to be made under division (C)(12) of section	111095
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	111096
Revised Code in the tax years following the last year the levy is	111097
charged and payable shall be reduced to the extent that the	111098
payments are attributable to the fixed-rate levy loss of that levy	111099
as would be computed under divisions (C)(10) and (11) of section	111100
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	111101

(37) "TPP allocation" means the sum of payments received by a	111102
local taxing unit in calendar year 2010 pursuant to divisions	111103
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	111104
any such payments received for fixed-rate levy losses attributable	111105
to a tax levied under section 5705.23 of the Revised Code. If a	111106
fixed-rate levy that is a qualifying levy is not charged and	111107
payable in any year after tax year 2010, "TPP allocation" used to	111108
compute payments to be made under division (A)(1)(b) or (c) of	111109
section 5751.22 of the Revised Code in the tax years following the	111110
last year the levy is charged and payable shall be reduced to the	111111
extent that the payments are attributable to the fixed-rate levy	111112
loss of that levy as would be computed under division (A)(1) of	111113
that section.	111114

(38) "Total TPP allocation" means, in the case of a school	111115
district or joint vocational school district, the sum of the	111116
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	111117
and (11) and (D) of section 5751.21 of the Revised Code. In the	111118
case of a local taxing unit, "total TPP allocation" means the sum	111119
of payments received by the unit in calendar year 2010 pursuant to	111120
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	111121
Code. If a fixed-rate levy that is a qualifying levy is not	111122
charged and payable in any year after tax year 2010, "total TPP	111123
allocation" used to compute payments to be made under division	111124
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	111125
5751.22 of the Revised Code in the tax years following the last	111126
year the levy is charged and payable shall be reduced to the	111127
extent that the payments are attributable to the fixed-rate levy	111128
loss of that levy as would be computed under divisions (C)(10) and	111129
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	111130
the Revised Code.	111131

(39) "Non-current expense TPP allocation" means the	111132
difference of total TPP allocation minus the sum of current	111133
expense TPP allocation and the portion of total TPP allocation	111134
constituting reimbursement for debt levies, pursuant to division	111135
(D) of section 5751.21 of the Revised Code in the case of a school	111136
district or joint vocational school district and pursuant to	111137
division (A)(3) of section 5751.22 of the Revised Code in the case	111138
of a municipal corporation.	111139

(40) "TPP allocation for library purposes" means the sum of	111140
payments received by a county, municipal corporation, school	111141
district, or township public library in calendar year 2010	111142
pursuant to section 5751.22 of the Revised Code for fixed-rate	111143
levy losses attributable to a tax levied under section 5705.23 of	111144
the Revised Code. If a fixed-rate levy authorized under section	111145
5705.23 of the Revised Code that is a qualifying levy is not	111146
charged and payable in any year after tax year 2010, "TPP	111147
allocation for library purposes" used to compute payments to be	111148
made under division (A)(1)(d) of section 5751.22 of the Revised	111149
Code in the tax years following the last year the levy is charged	111150
and payable shall be reduced to the extent that the payments are	111151
attributable to the fixed-rate levy loss of that levy as would be	111152
computed under division (A)(1) of section 5751.22 of the Revised	111153
Code.	111154

(41) "Threshold per cent" means, in the case of a school	111155
district or joint vocational school district, two per cent for	111156
fiscal year 2012 and four per cent for fiscal years 2013 and	111157
thereafter. In the case of a local taxing unit or public library	111158
that receives the proceeds of a tax levied under section 5705.23	111159
of the Revised Code, "threshold per cent" means two per cent for	111160
tax year 2011, four per cent for tax year 2012, and six per cent	111161
for tax years 2013 and thereafter.	111162

(B) The commercial activities tax receipts fund is hereby	111163
created in the state treasury and shall consist of money arising	111164
from the tax imposed under this chapter. Eighty-five	111165
one-hundredths of one per cent of the money credited to that fund	111166
shall be credited to the revenue enhancement fund and shall be	111167
used to defray the costs incurred by the department of taxation in	111168
administering the tax imposed by this chapter and in implementing	111169
tax reform measures. The remainder in the commercial activities	111170
tax receipts fund shall be credited for each fiscal year in the	111171
following percentages to the general revenue fund, to the school	111172
district tangible property tax replacement fund, which is hereby	111173
created in the state treasury for the purpose of making the	111174
payments described in section 5751.21 of the Revised Code, and to	111175
the local government tangible property tax replacement fund, which	111176
is hereby created in the state treasury for the purpose of making	111177
the payments described in section 5751.22 of the Revised Code, in	111178
the following percentages:	111179

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	111180
2006	67.7%	22.6%	9.7%	111181
2007	0%	70.0%	30.0%	111182
2008	0%	70.0%	30.0%	111183
2009	0%	70.0%	30.0%	111184
2010	0%	70.0%	30.0%	111185
2011	0%	70.0%	30.0%	111186
2012	25.0%	52.5%	22.5%	111187
2013 and thereafter	50.0%	35.0%	15.0%	111188

(C) Not later than September 15, 2005, the tax commissioner	111189
shall determine for each school district, joint vocational school	111190
district, and local taxing unit its machinery and equipment,	111191
inventory property, furniture and fixtures property, and telephone	111192
property tax value losses, which are the applicable amounts	111193
described in divisions (C)(1), (2), (3), and (4) of this section,	111194
except as provided in division (C)(5) of this section:	111195

(1) Machinery and equipment property tax value loss is the	111196
taxable value of machinery and equipment property as reported by	111197
taxpayers for tax year 2004 multiplied by:	111198

(a) For tax year 2006, thirty-three and eight-tenths per	111199
cent;	111200

(b) For tax year 2007, sixty-one and three-tenths per cent;

111201

111202

(d) For tax year 2009 and thereafter, one hundred per cent.

111203

(2) Inventory property tax value loss is the taxable value of	111204
inventory property as reported by taxpayers for tax year 2004	111205
multiplied by:	111206

(a) For tax year 2006, a fraction, the numerator of which is	111207
five and three-fourths and the denominator of which is	111208
twenty-three;	111209

(b) For tax year 2007, a fraction, the numerator of which is	111210
nine and one-half and the denominator of which is twenty-three;	111211

(c) For tax year 2008, a fraction, the numerator of which is	111212
thirteen and one-fourth and the denominator of which is	111213
twenty-three;	111214

(d) For tax year 2009 and thereafter a fraction, the	111215
numerator of which is seventeen and the denominator of which is	111216
twenty-three.	111217

(3) Furniture and fixtures property tax value loss is the	111218
taxable value of furniture and fixture property as reported by	111219
taxpayers for tax year 2004 multiplied by:	111220

(a) For tax year 2006, twenty-five per cent;

111221

(b) For tax year 2007, fifty per cent;

111222

111223

(d) For tax year 2009 and thereafter, one hundred per cent.

111224

The taxable value of property reported by taxpayers used in	111225
divisions (C)(1), (2), and (3) of this section shall be such	111226
values as determined to be final by the tax commissioner as of	111227
August 31, 2005. Such determinations shall be final except for any	111228
correction of a clerical error that was made prior to August 31,	111229
2005, by the tax commissioner.	111230

(4) Telephone property tax value loss is the taxable value of	111231
telephone property as taxpayers would have reported that property	111232
for tax year 2004 if the assessment rate for all telephone	111233
property for that year were twenty-five per cent, multiplied by:	111234

(a) For tax year 2006, zero per cent;

111235

(b) For tax year 2007, zero per cent;

111236

111237

(d) For tax year 2009, sixty per cent;

111238

(e) For tax year 2010, eighty per cent;

111239

(f) For tax year 2011 and thereafter, one hundred per cent.

111240

(5) Division (C)(5) of this section applies to any school	111241
district, joint vocational school district, or local taxing unit	111242
in a county in which is located a facility currently or formerly	111243
devoted to the enrichment or commercialization of uranium or	111244
uranium products, and for which the total taxable value of	111245
property listed on the general tax list of personal property for	111246
any tax year from tax year 2001 to tax year 2004 was fifty per	111247
cent or less of the taxable value of such property listed on the	111248
general tax list of personal property for the next preceding tax	111249
year.	111250

In computing the fixed-rate levy losses under divisions	111251
(D)(1), (2), and (3) of this section for any school district,	111252
joint vocational school district, or local taxing unit to which	111253
division (C)(5) of this section applies, the taxable value of such	111254
property as listed on the general tax list of personal property	111255
for tax year 2000 shall be substituted for the taxable value of	111256
such property as reported by taxpayers for tax year 2004, in the	111257
taxing district containing the uranium facility, if the taxable	111258
value listed for tax year 2000 is greater than the taxable value	111259
reported by taxpayers for tax year 2004. For the purpose of making	111260
the computations under divisions (D)(1), (2), and (3) of this	111261
section, the tax year 2000 valuation is to be allocated to	111262
machinery and equipment, inventory, and furniture and fixtures	111263
property in the same proportions as the tax year 2004 values. For	111264
the purpose of the calculations in division (A) of section 5751.21	111265
of the Revised Code, the tax year 2004 taxable values shall be	111266
used.	111267

To facilitate the calculations required under division (C) of	111268
this section, the county auditor, upon request from the tax	111269
commissioner, shall provide by August 1, 2005, the values of	111270
machinery and equipment, inventory, and furniture and fixtures for	111271
all single-county personal property taxpayers for tax year 2004.	111272

(D) Not later than September 15, 2005, the tax commissioner	111273
shall determine for each tax year from 2006 through 2009 for each	111274
school district, joint vocational school district, and local	111275
taxing unit its machinery and equipment, inventory, and furniture	111276
and fixtures fixed-rate levy losses, and for each tax year from	111277
2006 through 2011 its telephone property fixed-rate levy loss.	111278
Except as provided in division (F) of this section, such losses	111279
are the applicable amounts described in divisions (D)(1), (2),	111280
(3), and (4) of this section:	111281

(1) The machinery and equipment fixed-rate levy loss is the	111282
machinery and equipment property tax value loss multiplied by the	111283
sum of the tax rates of fixed-rate qualifying levies.	111284

(2) The inventory fixed-rate loss is the inventory property	111285
tax value loss multiplied by the sum of the tax rates of	111286
fixed-rate qualifying levies.	111287

(3) The furniture and fixtures fixed-rate levy loss is the	111288
furniture and fixture property tax value loss multiplied by the	111289
sum of the tax rates of fixed-rate qualifying levies.	111290

(4) The telephone property fixed-rate levy loss is the	111291
telephone property tax value loss multiplied by the sum of the tax	111292
rates of fixed-rate qualifying levies.	111293

(E) Not later than September 15, 2005, the tax commissioner	111294
shall determine for each school district, joint vocational school	111295
district, and local taxing unit its fixed-sum levy loss. The	111296
fixed-sum levy loss is the amount obtained by subtracting the	111297
amount described in division (E)(2) of this section from the	111298
amount described in division (E)(1) of this section:	111299

(1) The sum of the machinery and equipment property tax value	111300
loss, the inventory property tax value loss, and the furniture and	111301
fixtures property tax value loss, and, for 2008 through 2010, the	111302
telephone property tax value loss of the district or unit	111303
multiplied by the sum of the fixed-sum tax rates of qualifying	111304
levies. For 2006 through 2010, this computation shall include all	111305
qualifying levies remaining in effect for the current tax year and	111306
any school district levies charged and payable under section	111307
5705.194 or 5705.213 of the Revised Code that are qualifying	111308
levies not remaining in effect for the current year. For 2011	111309
through 2017 in the case of school district levies charged and	111310
payable under section 5705.194 or 5705.213 of the Revised Code and	111311
for all years after 2010 in the case of other fixed-sum levies,	111312
this computation shall include only qualifying levies remaining in	111313
effect for the current year. For purposes of this computation, a	111314
qualifying school district levy charged and payable under section	111315
5705.194 or 5705.213 of the Revised Code remains in effect in a	111316
year after 2010 only if, for that year, the board of education	111317
levies a school district levy charged and payable under section	111318
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	111319
an annual sum at least equal to the annual sum levied by the board	111320
in tax year 2004 less the amount of the payment certified under	111321
this division for 2006.	111322

(2) The total taxable value in tax year 2004 less the sum of	111323
the machinery and equipment, inventory, furniture and fixtures,	111324
and telephone property tax value losses in each school district,	111325
joint vocational school district, and local taxing unit multiplied	111326
by one-half of one mill per dollar.	111327

(3) For the calculations in divisions (E)(1) and (2) of this	111328
section, the tax value losses are those that would be calculated	111329
for tax year 2009 under divisions (C)(1), (2), and (3) of this	111330
section and for tax year 2011 under division (C)(4) of this	111331
section.	111332

(4) To facilitate the calculation under divisions (D) and (E)	111333
of this section, not later than September 1, 2005, any school	111334
district, joint vocational school district, or local taxing unit	111335
that has a qualifying levy that was approved at an election	111336
conducted during 2005 before September 1, 2005, shall certify to	111337
the tax commissioner a copy of the county auditor's certificate of	111338
estimated property tax millage for such levy as required under	111339
division (B) of section 5705.03 of the Revised Code, which is the	111340
rate that shall be used in the calculations under such divisions.	111341

If the amount determined under division (E) of this section	111342
for any school district, joint vocational school district, or	111343
local taxing unit is greater than zero, that amount shall equal	111344
the reimbursement to be paid pursuant to division (E) of section	111345
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	111346
and the one-half of one mill that is subtracted under division	111347
(E)(2) of this section shall be apportioned among all contributing	111348
fixed-sum levies in the proportion that each levy bears to the sum	111349
of all fixed-sum levies within each school district, joint	111350
vocational school district, or local taxing unit.	111351

(F) If a school district levies a tax under section 5705.219	111352
of the Revised Code, the fixed-rate levy loss for qualifying	111353
levies, to the extent repealed under that section, shall equal the	111354
sum of the following amounts in lieu of the amounts computed for	111355
such levies under division (D) of this section:	111356

(1) The sum of the rates of qualifying levies to the extent	111357
so repealed multiplied by the sum of the machinery and equipment,	111358
inventory, and furniture and fixtures tax value losses for 2009 as	111359
determined under that division;	111360

(2) The sum of the rates of qualifying levies to the extent	111361
so repealed multiplied by the telephone property tax value loss	111362
for 2011 as determined under that division.	111363

The fixed-rate levy losses for qualifying levies to the	111364
extent not repealed under section 5705.219 of the Revised Code	111365
shall be as determined under division (D) of this section. The	111366
revised fixed-rate levy losses determined under this division and	111367
division (D) of this section first apply in the year following the	111368
first year the district levies the tax under section 5705.219 of	111369
the Revised Code.	111370

(G) Not later than October 1, 2005, the tax commissioner	111371
shall certify to the department of education for every school	111372
district and joint vocational school district the machinery and	111373
equipment, inventory, furniture and fixtures, and telephone	111374
property tax value losses determined under division (C) of this	111375
section, the machinery and equipment, inventory, furniture and	111376
fixtures, and telephone fixed-rate levy losses determined under	111377
division (D) of this section, and the fixed-sum levy losses	111378
calculated under division (E) of this section. The calculations	111379
under divisions (D) and (E) of this section shall separately	111380
display the levy loss for each levy eligible for reimbursement.	111381

(H) Not later than October 1, 2005, the tax commissioner	111382
shall certify the amount of the fixed-sum levy losses to the	111383
county auditor of each county in which a school district, joint	111384
vocational school district, or local taxing unit with a fixed-sum	111385
levy loss reimbursement has territory.	111386

(I) Not later than the twenty-eighth day of February each	111387
year beginning in 2011 and ending in 2014, the tax commissioner	111388
shall certify to the department of education for each school	111389
district first levying a tax under section 5705.219 of the Revised	111390
Code in the preceding year the revised fixed-rate levy losses	111391
determined under divisions (D) and (F) of this section.	111392

(J) There is hereby created in the state treasury the	111393
commercial activity tax motor fuel receipts fund.	111394

Sec. 5751.21. (A) Not later than the thirtieth day of July	111395
of 2007 through 2010, the department of education shall consult	111396
with the director of budget and management and determine the	111397
following for each school district and each joint vocational	111398
school district eligible for payment under division (B) of this	111399
section:	111400

(1) The state education aid offset, which, except as provided	111401
in division (A)(1)(c) of this section, is the difference obtained	111402
by subtracting the amount described in division (A)(1)(b) of this	111403
section from the amount described in division (A)(1)(a) of this	111404
section:	111405

(a) The state education aid computed for the school district	111406
or joint vocational school district for the current fiscal year as	111407
of the thirtieth day of July;	111408

(b) The state education aid that would be computed for the	111409
school district or joint vocational school district for the	111410
current fiscal year as of the thirtieth day of July if the	111411
valuation used in the calculation in division (B)(1) of section	111412
3306.13 of the Revised Code as that division existed for fiscal	111413
years 2010 and 2011 included the machinery and equipment,	111414
inventory, furniture and fixtures, and telephone property tax	111415
value losses for the school district or joint vocational school	111416
district for the second preceding tax year, and if taxes charged	111417
and payable associated with the tax value losses are accounted for	111418
in any state education aid computation dependent on taxes charged	111419
and payable.	111420

(c) The state education aid offset for fiscal year 2010 and	111421
fiscal year 2011 equals the greater of the state education aid	111422
offset calculated for that fiscal year under divisions (A)(1)(a)	111423
and (b) of this section and the state education aid offset	111424
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	111425
the state education aid offset equals the state education aid	111426
offset for fiscal year 2011.	111427

(2) For fiscal years 2008 through 2011, the greater of zero	111428
or the difference obtained by subtracting the state education aid	111429
offset determined under division (A)(1) of this section from the	111430
sum of the machinery and equipment fixed-rate levy loss, the	111431
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	111432
levy loss, and telephone property fixed-rate levy loss certified	111433
under divisions (G) and (I) of section 5751.20 of the Revised Code	111434
for all taxing districts in each school district and joint	111435
vocational school district for the second preceding tax year.	111436

By the thirtieth day of July of each such year, the	111437
department of education and the director of budget and management	111438
shall agree upon the amount to be determined under division (A)(1)	111439
of this section.	111440

(B) On or before the thirty-first day of August of 2008,	111441
2009, and 2010, the department of education shall recalculate the	111442
offset described under division (A) of this section for the	111443
previous fiscal year and recalculate the payments made under	111444
division (C) of this section in the preceding fiscal year using	111445
the offset calculated under this division. If the payments	111446
calculated under this division differ from the payments made under	111447
division (C) of this section in the preceding fiscal year, the	111448
difference shall either be paid to a school district or recaptured	111449
from a school district through an adjustment at the same times	111450
during the current fiscal year that the payments under division	111451
(C) of this section are made. In August and October of the current	111452
fiscal year, the amount of each adjustment shall be three-sevenths	111453
of the amount calculated under this division. In May of the	111454
current fiscal year, the adjustment shall be one-seventh of the	111455
amount calculated under this division.	111456

(C) The department of education shall pay from the school	111457
district tangible property tax replacement fund to each school	111458
district and joint vocational school district all of the following	111459
for fixed-rate levy losses certified under divisions (G) and (I)	111460
of section 5751.20 of the Revised Code:	111461

(1) On or before May 31, 2006, one-seventh of the total	111462
fixed-rate levy loss for tax year 2006;	111463

(2) On or before August 31, 2006, and October 31, 2006,	111464
one-half of six-sevenths of the total fixed-rate levy loss for tax	111465
year 2006;	111466

(3) On or before May 31, 2007, one-seventh of the total	111467
fixed-rate levy loss for tax year 2007;	111468

(4) On or before August 31, 2007, and October 31, 2007,	111469
forty-three per cent of the amount determined under division	111470
(A)(2) of this section for fiscal year 2008, but not less than	111471
zero, plus one-half of six-sevenths of the difference between the	111472
total fixed-rate levy loss for tax year 2007 and the total	111473
fixed-rate levy loss for tax year 2006.	111474

(5) On or before May 31, 2008, fourteen per cent of the	111475
amount determined under division (A)(2) of this section for fiscal	111476
year 2008, but not less than zero, plus one-seventh of the	111477
difference between the total fixed-rate levy loss for tax year	111478
2008 and the total fixed-rate levy loss for tax year 2006.	111479

(6) On or before August 31, 2008, and October 31, 2008,	111480
forty-three per cent of the amount determined under division	111481
(A)(2) of this section for fiscal year 2009, but not less than	111482
zero, plus one-half of six-sevenths of the difference between the	111483
total fixed-rate levy loss in tax year 2008 and the total	111484
fixed-rate levy loss in tax year 2007.	111485

(7) On or before May 31, 2009, fourteen per cent of the	111486
amount determined under division (A)(2) of this section for fiscal	111487
year 2009, but not less than zero, plus one-seventh of the	111488
difference between the total fixed-rate levy loss for tax year	111489
2009 and the total fixed-rate levy loss for tax year 2007.	111490

(8) On or before August 31, 2009, and October 31, 2009,	111491
forty-three per cent of the amount determined under division	111492
(A)(2) of this section for fiscal year 2010, but not less than	111493
zero, plus one-half of six-sevenths of the difference between the	111494
total fixed-rate levy loss in tax year 2009 and the total	111495
fixed-rate levy loss in tax year 2008.	111496

(9) On or before May 31, 2010, fourteen per cent of the	111497
amount determined under division (A)(2) of this section for fiscal	111498
year 2010, but not less than zero, plus one-seventh of the	111499
difference between the total fixed-rate levy loss in tax year 2010	111500
and the total fixed-rate levy loss in tax year 2008.	111501

(10) On or before August 31, 2010, and October 31, 2010,	111502
forty-three per cent of the amount determined under division	111503
(A)(2) of this section for fiscal year 2011, but not less than	111504
zero, plus one-half of six-sevenths of the difference between the	111505
telephone property fixed-rate levy loss for tax year 2010 and the	111506
telephone property fixed-rate levy loss for tax year 2009.	111507

(11) On or before May 31, 2011, fourteen per cent of the	111508
amount determined under division (A)(2) of this section for fiscal	111509
year 2011, but not less than zero, plus one-seventh of the	111510
difference between the telephone property fixed-rate levy loss for	111511
tax year 2011 and the telephone property fixed-rate levy loss for	111512
tax year 2009.	111513

(12) For fiscal years 2012 and thereafter, the sum of the	111514
amounts in divisions (C)(12)(a) or (b) and (c) of this section	111515
shall be paid on or before the ~~twentieth~~last day of November and	111516
the last day of May:	111517

(a) If the ratio of current expense TPP allocation to total	111518
resources is equal to or less than the threshold per cent, zero;	111519

(b) If the ratio of current expense TPP allocation to total	111520
resources is greater than the threshold per cent, fifty per cent	111521
of the difference of current expense TPP allocation minus the	111522
product of total resources multiplied by the threshold per cent;	111523

(c) Fifty per cent of the product of non-current expense TPP	111524
allocation multiplied by seventy-five per cent for fiscal year	111525
2012 and fifty per cent for fiscal years 2013 and thereafter.	111526

The department of education shall report to each school	111527
district and joint vocational school district the apportionment of	111528
the payments among the school district's or joint vocational	111529
school district's funds based on the certifications under	111530
divisions (G) and (I) of section 5751.20 of the Revised Code.	111531

(D) For taxes levied within the ten-mill limitation for debt	111532
purposes in tax year 2005, payments shall be made equal to one	111533
hundred per cent of the loss computed as if the tax were a	111534
fixed-rate levy, but those payments shall extend from fiscal year	111535
2006 through fiscal year 2018, as long as the qualifying levy	111536
continues to be used for debt purposes. If the purpose of such a	111537
qualifying levy is changed, that levy becomes subject to the	111538
payments determined in division (C) of this section.	111539

(E)(1) Not later than January 1, 2006, for each fixed-sum	111540
levy of each school district or joint vocational school district	111541
and for each year for which a determination is made under division	111542
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	111543
loss is to be reimbursed, the tax commissioner shall certify to	111544
the department of education the fixed-sum levy loss determined	111545
under that division. The certification shall cover a time period	111546
sufficient to include all fixed-sum levies for which the	111547
commissioner made such a determination. On or before the last day	111548
of May of the current year, the department shall pay from the	111549
school district property tax replacement fund to the school	111550
district or joint vocational school district one-third of the	111551
fixed-sum levy loss so certified, plus one-third of the amount	111552
certified under division (I) of section 5751.20 of the Revised	111553
Code, and on or before the ~~twentieth~~last day of November,	111554
two-thirds of the fixed-sum levy loss so certified, plus	111555
two-thirds of the amount certified under division (I) of section	111556
5751.20 of the Revised Code. Payments under this division of the	111557
amounts certified under division (I) of section 5751.20 of the	111558
Revised Code shall continue until the levy adopted under section	111559
5705.219 of the Revised Code expires.	111560

(2) Beginning in 2006, by the first day of January of each	111561
year, the tax commissioner shall review the certification	111562
originally made under division (E)(1) of this section. If the	111563
commissioner determines that a debt levy that had been scheduled	111564
to be reimbursed in the current year has expired, a revised	111565
certification for that and all subsequent years shall be made to	111566
the department of education.	111567

(F) Beginning in September 2007 and through June 2013, the	111568
director of budget and management shall transfer from the school	111569
district tangible property tax replacement fund to the general	111570
revenue fund each of the following:	111571

(1) On the first day of September, one-fourth of the amount	111572
determined for that fiscal year under division (A)(1) of this	111573
section;	111574

(2) On the first day of December, one-fourth of the amount	111575
determined for that fiscal year under division (A)(1) of this	111576
section;	111577

(3) On the first day of March, one-fourth of the amount	111578
determined for that fiscal year under division (A)(1) of this	111579
section;	111580

(4) On the first day of June, one-fourth of the amount	111581
determined for that fiscal year under division (A)(1) of this	111582
section.	111583

If, when a transfer is required under division (F)(1), (2),	111584
(3), or (4) of this section, there is not sufficient money in the	111585
school district tangible property tax replacement fund to make the	111586
transfer in the required amount, the director shall transfer the	111587
balance in the fund to the general revenue fund and may make	111588
additional transfers on later dates as determined by the director	111589
in a total amount that does not exceed one-fourth of the amount	111590
determined for the fiscal year.	111591

(G) If the total amount in the school district tangible	111592
property tax replacement fund is insufficient to make all payments	111593
under divisions (C), (D), and (E) of this section at the times the	111594
payments are to be made, the director of budget and management	111595
shall transfer from the general revenue fund to the school	111596
district tangible property tax replacement fund the difference	111597
between the total amount to be paid and the amount in the school	111598
district tangible property tax replacement fund.	111599

(H) On the fifteenth day of June of each year, the director	111600
of budget and management may transfer any balance in the school	111601
district tangible property tax replacement fund to the general	111602
revenue fund.	111603

(I) If all of the territory of a school district or joint	111604
vocational school district is merged with another district, or if	111605
a part of the territory of a school district or joint vocational	111606
school district is transferred to an existing or newly created	111607
district, the department of education, in consultation with the	111608
tax commissioner, shall adjust the payments made under this	111609
section as follows:	111610

(1) For a merger of two or more districts, the fixed-sum levy	111611
losses, total resources, current expense TPP allocation, total TPP	111612
allocation, and non-current expense TPP allocation of the	111613
successor district shall be the sum of such items for each of the	111614
districts involved in the merger.	111615

(2) If property is transferred from one district to a	111616
previously existing district, the amount of total resources,	111617
current expense TPP allocation, total TPP allocation, and	111618
non-current expense TPP allocation that shall be transferred to	111619
the recipient district shall be an amount equal to total	111620
resources, current expense TPP allocation, total TPP allocation,	111621
and non-current expense TPP allocation of the transferor district	111622
times a fraction, the numerator of which is the number of pupils	111623
being transferred to the recipient district, measured, in the case	111624
of a school district, by average daily membership as reported	111625
under division (A) of section 3317.03 of the Revised Code or, in	111626
the case of a joint vocational school district, by formula ADM as	111627
reported in division (D) of that section, and the denominator of	111628
which is the average daily membership or formula ADM of the	111629
transferor district.	111630

(3) After December 31, 2010, if property is transferred from	111631
one or more districts to a district that is newly created out of	111632
the transferred property, the newly created district shall be	111633
deemed not to have any total resources, current expense TPP	111634
allocation, total TPP allocation, or non-current expense TPP	111635
allocation.	111636

(4) If the recipient district under division (I)(2) of this	111637
section or the newly created district under division (I)(3) of	111638
this section is assuming debt from one or more of the districts	111639
from which the property was transferred and any of the districts	111640
losing the property had fixed-sum levy losses, the department of	111641
education, in consultation with the tax commissioner, shall make	111642
an equitable division of the fixed-sum levy loss reimbursements.	111643

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	111644
and for no other purpose under Title LVII of the Revised Code:	111645

(A) "Casino facility" has the same meaning as in section	111646
3772.01 of the Revised Code.	111647

(B) "Casino gaming" has the same meaning as in section	111648
3772.01 of the Revised Code.	111649

(C) "Casino operator" has the same meaning as in section	111650
3772.01 of the Revised Code.	111651

(D) "Gross casino revenue" means the total amount of money	111652
exchanged for the purchase of chips, tokens, tickets, electronic	111653
cards, or similar objects by casino patrons, less winnings paid to	111654
wagerers. "Gross casino revenue" does not include ~~the~~:	111655

(1) The issuance to casino patrons or wagering by casino	111656
patrons of any promotional gaming credit as defined in section	111657
3772.01 of the Revised Code. When issuance of the promotional	111658
gaming credit requires money exchanged as a match from the patron,	111659
the excludible portion of the promotional gaming credit does not	111660
include the portion of the wager purchased by the patron.	111661

(2) Bad debts from receipts on the basis of which the tax	111662
imposed by this chapter was paid in a prior tax period to the	111663
extent not previously excluded. For the purposes of this division,	111664
"bad debts" means any debts that have become worthless or	111665
uncollectible in a prior tax period, have been uncollected for at	111666
least six months, and that may be claimed as a deduction under	111667
section 166 of the Internal Revenue Code and the regulations	111668
adopted under that section, or that could be claimed as such if	111669
the taxpayer kept its accounts on the accrual basis. "Bad debts"	111670
does not include repossessed property, uncollectible amounts on	111671
property that remains in the possession of the casino operator	111672
until the full purchase price is paid, or expenses in attempting	111673
to collect any account receivable or for any portion of the debt	111674
recovered.	111675

(E) "Person" has the same meaning as in section 3772.01 of	111676
the Revised Code.	111677

(F) "Slot machine" has the same meaning as in section 3772.01	111678
of the Revised Code.	111679

(G) "Table game" has the same meaning as in section 3772.01	111680
of the Revised Code.	111681

(H) "Tax period" means one twenty-four-hour period with	111682
regard to which a casino operator is required to pay the tax	111683
levied by this chapter.	111684

Sec. 5753.03. (A) For the purpose of receiving and	111685
distributing, and accounting for, revenue received from the tax	111686
levied by section 5753.02 of the Revised Code, the following funds	111687
are created in the state treasury:	111688

(1) The casino tax revenue fund;

111689

(2) The gross casino revenue county fund;

111690

(3) The gross casino revenue county student fund;

111691

(4) The gross casino revenue host city fund;

111692

(5) The Ohio state racing commission fund;

111693

(6) The Ohio law enforcement training fund;

111694

(7) The problem casino gambling and addictions fund;

111695

(8) The casino control commission fund;

111696

(9) The casino tax administration fund;

111697

(10) The peace officer training academy fund;

111698

(11) The criminal justice services casino tax revenue fund.

111699

(B) All moneys collected from the tax levied under this	111700
chapter shall be deposited into the casino tax revenue fund.	111701

(C) From the casino tax revenue fund the director of budget	111702
and management shall transfer as needed to the tax refund fund	111703
amounts equal to the refunds certified by the tax commissioner	111704
under section 5753.06 of the Revised Code.	111705

(D) After making any transfers required by division (C) of	111706
this section, but not later than the fifteenth day of the month	111707
following the end of each calendar quarter, the director of budget	111708
and management shall transfer amounts to each fund as follows:	111709

(1) Fifty-one per cent to the gross casino revenue county	111710
fund to make payments as required by Section 6(C)(3)(a) of Article	111711
XV, Ohio Constitution;	111712

(2) Thirty-four per cent to the gross casino revenue county	111713
student fund to make payments as required by Section 6(C)(3)(b) of	111714
Article XV, Ohio Constitution and as provided in section 5753.11	111715
of the Revised Code;	111716

(3) Five per cent to the gross casino revenue host city fund	111717
for the benefit of the cities in which casino facilities are	111718
located;	111719

(4) Three per cent to the Ohio state racing commission fund	111720
to support the efforts and activities of the Ohio state racing	111721
commission to promote horse racing in this state at which the	111722
pari-mutuel system of wagering is conducted;	111723

(5) Two per cent to the Ohio law enforcement training fund to	111724
support law enforcement functions in the state;	111725

(6) Two per cent to the problem casino gambling and	111726
addictions fund to support efforts of the department of ~~alcohol~~	111727
~~and drug addiction services~~mental health and addiction services	111728
to alleviate problem gambling and substance abuse and related	111729
research in the state under section ~~3793.032~~5119.47 of the	111730
Revised Code;	111731

(7) Three per cent to the casino control commission fund to	111732
support the operations of the Ohio casino control commission and	111733
to defray the cost of administering the tax levied under section	111734
5753.02 of the Revised Code.	111735

Payments under divisions (D)(1) and (3) of this section shall	111736
be made by the end of the month following the end of the quarterly	111737
period. The tax commissioner shall make the data available to the	111738
director of budget and management for this purpose.	111739

Money in the Ohio state racing commission fund shall be	111740
distributed at the discretion of the Ohio state racing commission	111741
for the purpose stated in division (D)(4) of this section by the	111742
end of the month following the end of the quarterly period. The	111743
commission may retain up to five per cent of the amount	111744
transferred to the fund under division (D)(4) of this section for	111745
operating expenses necessary for the administration of the fund.	111746

Payments from the gross casino revenue county student fund as	111747
required under section 5753.11 of the Revised Code shall be made	111748
by the last day of January and by the last day of August of each	111749
year, beginning in 2013. The tax commissioner shall make the data	111750
available to the director of budget and management for this	111751
purpose.	111752

Of the money credited to the Ohio law enforcement training	111753
fund, the director of budget and management shall distribute	111754
eighty-five per cent of the money to the police officer training	111755
academy fund for the purpose of supporting the law enforcement	111756
training efforts of the Ohio peace officer training academy and	111757
fifteen per cent of the money to the criminal justice services	111758
casino tax revenue fund for the purpose of supporting the law	111759
enforcement training efforts of the division of criminal justice	111760
services.	111761

(E)(1) The tax commissioner shall serve as an agent of the	111762
counties of this state only for the purposes of this division and	111763
solely to make payments directly to municipal corporations and	111764
school districts, as applicable, on the counties' behalf.	111765

(2) On or before the last day of the month following the end	111766
of each calendar quarter, the tax commissioner shall provide for	111767
payment from the funds referenced in divisions (D)(1) and (3) of	111768
this section to each county and municipal corporation as	111769
prescribed in those divisions.	111770

(3) On or before the last day of January and the last day of	111771
August each year, the commissioner shall provide for payments from	111772
the fund referenced in division (D)(2) of this section to each	111773
school district as prescribed in that division.	111774

(F) The director of budget and management shall transfer one	111775
per cent of the money credited to the casino control commission	111776
fund to the casino tax administration fund. The tax commissioner	111777
shall use the casino tax administration fund to defray the costs	111778
incurred in administering the tax levied by this chapter.	111779

(G) All investment earnings of the gross casino revenue	111780
county student fund shall be credited to the fund.	111781

Sec. 5753.07. (A)(1) The tax commissioner may issue an	111782
assessment, based on any information in the tax commissioner's	111783
possession, against a casino operator who fails to pay the tax	111784
levied under section 5753.02 of the Revised Code or to file a	111785
return under section 5753.04 of the Revised Code. The tax	111786
commissioner shall give the casino operator written notice of the	111787
assessment under section 5703.37 of the Revised Code. With the	111788
notice, the tax commissioner shall include instructions on how to	111789
petition for reassessment and on how to request a hearing with	111790
respect to the petition.	111791

(2) Unless the casino operator, within sixty days after	111792
service of the notice of assessment, files with the tax	111793
commissioner, either personally or by certified mail, a written	111794
petition signed by the casino operator, or by the casino	111795
operator's authorized agent who has knowledge of the facts, the	111796
assessment becomes final, and the amount of the assessment is due	111797
and payable from the casino operator to the treasurer of state.	111798
The petition shall indicate the casino operator's objections to	111799
the assessment. Additional objections may be raised in writing if	111800
they are received by the tax commissioner before the date shown on	111801
the final determination.	111802

(3) If a petition for reassessment has been properly filed,	111803
the tax commissioner shall proceed under section 5703.60 of the	111804
Revised Code.	111805

(4) After an assessment becomes final, if any portion of the	111806
assessment, including penalties and accrued interest, remains	111807
unpaid, the tax commissioner may file a certified copy of the	111808
entry making the assessment final in the office of the clerk of	111809
the court of common pleas of Franklin county or in the office of	111810
the clerk of the court of common pleas of the county in which the	111811
casino operator resides, the casino operator's casino facility is	111812
located, or the casino operator's principal place of business in	111813
this state is located. Immediately upon the filing of the entry,	111814
the clerk shall enter a judgment for the state against the	111815
taxpayer assessed in the amount shown on the entry. The judgment	111816
may be filed by the clerk in a loose-leaf book entitled, "special	111817
judgments for the gross casino revenue tax." The judgment has the	111818
same effect as other judgments. Execution shall issue upon the	111819
judgment at the request of the tax commissioner, and all laws	111820
applicable to sales on execution apply to sales made under the	111821
judgment.	111822

(5) ~~The portion of an~~If the assessment is not paid in its	111823
entirety within sixty days after the day the assessment was issued	111824
~~bears~~, the portion of the assessment consisting of tax due shall	111825
bear interest at the rate per annum prescribed by section 5703.47	111826
of the Revised Code from the day the tax commissioner issued the	111827
assessment until the assessment is paid or until it is certified	111828
to the attorney general for collection under section 131.02 of the	111829
Revised Code, whichever comes first. If the unpaid portion of the	111830
assessment is certified to the attorney general for collection,	111831
the entire unpaid portion of the assessment shall bear interest at	111832
the rate per annum prescribed by section 5703.47 of the Revised	111833
Code from the date of certification until the date it is paid in	111834
its entirety. Interest shall be paid in the same manner as the tax	111835
levied under section 5753.02 of the Revised Code and may be	111836
collected by the issuance of an assessment under this section.	111837

(B) If the tax commissioner believes that collection of the	111838
tax levied under section 5753.02 of the Revised Code will be	111839
jeopardized unless proceedings to collect or secure collection of	111840
the tax are instituted without delay, the commissioner may issue a	111841
jeopardy assessment against the casino operator who is liable for	111842
the tax. Immediately upon the issuance of a jeopardy assessment,	111843
the tax commissioner shall file an entry with the clerk of the	111844
court of common pleas in the manner prescribed by division (A)(4)	111845
of this section, and the clerk shall proceed as directed in that	111846
division. Notice of the jeopardy assessment shall be served on the	111847
casino operator or the casino operator's authorized agent under	111848
section 5703.37 of the Revised Code within five days after the	111849
filing of the entry with the clerk. The total amount assessed is	111850
immediately due and payable, unless the casino operator assessed	111851
files a petition for reassessment under division (A)(2) of this	111852
section and provides security in a form satisfactory to the tax	111853
commissioner that is in an amount sufficient to satisfy the unpaid	111854
balance of the assessment. If a petition for reassessment has been	111855
filed, and if satisfactory security has been provided, the tax	111856
commissioner shall proceed under division (A)(3) of this section.	111857
Full or partial payment of the assessment does not prejudice the	111858
tax commissioner's consideration of the petition for reassessment.	111859

(C) The tax commissioner shall immediately forward to the	111860
treasurer of state all amounts the tax commissioner receives under	111861
this section, and the amounts forwarded shall be treated as if	111862
they were revenue arising from the tax levied under section	111863
5753.02 of the Revised Code.	111864

(D) Except as otherwise provided in this division, no	111865
assessment shall be issued against a casino operator for the tax	111866
levied under section 5753.02 of the Revised Code more than four	111867
years after the due date for filing the return for the tax period	111868
for which the tax was reported, or more than four years after the	111869
return for the tax period was filed, whichever is later. This	111870
division does not bar an assessment against a casino operator who	111871
fails to file a return as required by section 5753.04 of the	111872
Revised Code or who files a fraudulent return, or when the casino	111873
operator and the tax commissioner waive in writing the time	111874
limitation.	111875

(E) If the tax commissioner possesses information that	111876
indicates that the amount of tax a casino operator is liable to	111877
pay under section 5753.02 of the Revised Code exceeds the amount	111878
the casino operator paid, the tax commissioner may audit a sample	111879
of the casino operator's gross casino revenue over a	111880
representative period of time to ascertain the amount of tax due,	111881
and may issue an assessment based on the audit. The tax	111882
commissioner shall make a good faith effort to reach agreement	111883
with the casino operator in selecting a representative sample. The	111884
tax commissioner may apply a sampling method only if the tax	111885
commissioner has prescribed the method by rule.	111886

(F) If the whereabouts of a casino operator who is liable for	111887
the tax levied under section 5753.02 of the Revised Code are	111888
unknown to the tax commissioner, the tax commissioner shall	111889
proceed under section 5703.37 of the Revised Code.	111890

(G) If a casino operator fails to pay the tax levied under	111891
section 5753.02 of the Revised Code within a period of one year	111892
after the due date for remitting the tax, the Ohio casino control	111893
commission may suspend the casino operator's license.	111894

Sec. 5815.28. (A) As used in this section:

111895

(1) "Ascertainable standard" includes a standard in a trust	111896
instrument requiring the trustee to provide for the care, comfort,	111897
maintenance, welfare, education, or general well-being of the	111898
beneficiary.	111899

(2) "Disability" means any substantial, medically	111900
determinable impairment that can be expected to result in death or	111901
that has lasted or can be expected to last for a continuous period	111902
of at least twelve months, except that "disability" does not	111903
include an impairment that is the result of abuse of alcohol or	111904
drugs.	111905

(3) "Political subdivision" and "state" have the same	111906
meanings as in section 2744.01 of the Revised Code.	111907

(4) "Supplemental services" means services specified by rule	111908
of the department of ~~mental health~~mental health and addiction	111909
services under section ~~5119.01~~5119.10 of the Revised Code or the	111910
department of developmental disabilities under section 5123.04 of	111911
the Revised Code that are provided to an individual with a	111912
disability in addition to services the individual is eligible to	111913
receive under programs authorized by federal or state law.	111914

(B) Any person may create a trust under this section to	111915
provide funding for supplemental services for the benefit of	111916
another individual who meets either of the following conditions:	111917

(1) The individual has a physical or mental disability and is	111918
eligible to receive services through the department of	111919
developmental disabilities or a county board of developmental	111920
disabilities;	111921

(2) The individual has a mental disability and is eligible to	111922
receive services through the department of ~~mental health~~mental	111923
health and addiction services or a board of alcohol, drug	111924
addiction, and mental health services.	111925

The trust may confer discretion upon the trustee and may	111926
contain specific instructions or conditions governing the exercise	111927
of the discretion.	111928

(C) The general division of the court of common pleas and the	111929
probate court of the county in which the beneficiary of a trust	111930
authorized by division (B) of this section resides or is confined	111931
have concurrent original jurisdiction to hear and determine	111932
actions pertaining to the trust. In any action pertaining to the	111933
trust in a court of common pleas or probate court and in any	111934
appeal of the action, all of the following apply to the trial or	111935
appellate court:	111936

(1) The court shall render determinations consistent with the	111937
testator's or other settlor's intent in creating the trust, as	111938
evidenced by the terms of the trust instrument.	111939

(2) The court may order the trustee to exercise discretion	111940
that the trust instrument confers upon the trustee only if the	111941
instrument contains specific instructions or conditions governing	111942
the exercise of that discretion and the trustee has failed to	111943
comply with the instructions or conditions. In issuing an order	111944
pursuant to this division, the court shall require the trustee to	111945
exercise the trustee's discretion only in accordance with the	111946
instructions or conditions.	111947

(3) The court may order the trustee to maintain the trust and	111948
distribute assets in accordance with rules adopted by the director	111949
of ~~mental health~~mental health and addiction services under	111950
section ~~5119.01~~5119.10 of the Revised Code or the director of	111951
developmental disabilities under section 5123.04 of the Revised	111952
Code if the trustee has failed to comply with such rules.	111953

(D) To the extent permitted by federal law and subject to the	111954
provisions of division (C)(2) of this section pertaining to the	111955
enforcement of specific instructions or conditions governing a	111956
trustee's discretion, a trust authorized by division (B) of this	111957
section that confers discretion upon the trustee shall not be	111958
considered an asset or resource of the beneficiary, the	111959
beneficiary's estate, the settlor, or the settlor's estate and	111960
shall be exempt from the claims of creditors, political	111961
subdivisions, the state, other governmental entities, and other	111962
claimants against the beneficiary, the beneficiary's estate, the	111963
settlor, or the settlor's estate, including claims regarding the	111964
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	111965
or 5123. of the Revised Code and claims sought to be satisfied by	111966
way of a civil action, subrogation, execution, garnishment,	111967
attachment, judicial sale, or other legal process, if all of the	111968
following apply:	111969

(1) At the time the trust is created, the trust principal	111970
does not exceed the maximum amount determined under division (E)	111971
of this section;	111972

(2) The trust instrument contains a statement of the	111973
settlor's intent, or otherwise clearly evidences the settlor's	111974
intent, that the beneficiary does not have authority to compel the	111975
trustee under any circumstances to furnish the beneficiary with	111976
minimal or other maintenance or support, to make payments from the	111977
principal of the trust or from the income derived from the	111978
principal, or to convert any portion of the principal into cash,	111979
whether pursuant to an ascertainable standard specified in the	111980
instrument or otherwise;	111981

(3) The trust instrument provides that trust assets can be	111982
used only to provide supplemental services, as defined by rule of	111983
the director of ~~mental health~~mental health and addiction services	111984
under section ~~5119.01~~5119.10 of the Revised Code or the director	111985
of developmental disabilities under section 5123.04 of the Revised	111986
Code, to the beneficiary;	111987

(4) The trust is maintained and assets are distributed in	111988
accordance with rules adopted by the director of ~~mental health~~	111989
mental health and addiction services under section ~~5119.01~~5119.10	111990
of the Revised Code or the director of developmental disabilities	111991
under section 5123.04 of the Revised Code;	111992

(5) The trust instrument provides that on the death of the	111993
beneficiary, a portion of the remaining assets of the trust, which	111994
shall be not less than fifty per cent of such assets, will be	111995
deposited to the credit of the services fund for individuals with	111996
mental illness created by section ~~5119.17~~5119.51 of the Revised	111997
Code or the services fund for individuals with mental retardation	111998
and developmental disabilities created by section 5123.40 of the	111999
Revised Code.	112000

(E) In 1994, the trust principal maximum amount for a trust	112001
created under this section shall be two hundred thousand dollars.	112002
The maximum amount for a trust created under this section prior to	112003
November 11, 1994, may be increased to two hundred thousand	112004
dollars.	112005

In 1995, the maximum amount for a trust created under this	112006
section shall be two hundred two thousand dollars. Each year	112007
thereafter, the maximum amount shall be the prior year's amount	112008
plus two thousand dollars.	112009

(F) This section does not limit or otherwise affect the	112010
creation, validity, interpretation, or effect of any trust that is	112011
not created under this section.	112012

(G) Once a trustee takes action on a trust created by a	112013
settlor under this section and disburses trust funds on behalf of	112014
the beneficiary of the trust, then the trust may not be terminated	112015
or otherwise revoked by a particular event or otherwise without	112016
payment into the services fund created pursuant to section ~~5119.17~~	112017
5119.51 or 5123.40 of the Revised Code of an amount that is equal	112018
to the disbursements made on behalf of the beneficiary for medical	112019
care by the state from the date the trust vests but that is not	112020
more than fifty per cent of the trust corpus.	112021

Sec. 5905.02. Whenever it appears that a person is eligible	112022
for care or treatment by the veterans' administration or other	112023
agency of the United States, and hospitalization is necessary for	112024
the proper care or treatment of such person, the probate court,	112025
upon receipt of a certificate from the veterans' administration or	112026
such other agency showing that facilities are available and such	112027
person is eligible for care or treatment therein, may order such	112028
person to said veterans' administration or other agency for care	112029
and treatment.	112030

Upon admission, such person shall be subject to the	112031
applicable regulations of the veterans' administration or other	112032
agency of the United States. The chief officer of any hospital to	112033
which any person is admitted pursuant to hospitalization as	112034
provided in sections 5905.01 to 5905.19 of the Revised Code, or	112035
under the law in effect at the time of such admission, shall have	112036
the same powers as are exercised by heads of hospitals for mental	112037
diseases and the department of ~~mental health~~mental health and	112038
addiction services with respect to the retention, transfer,	112039
parole, or discharge of the person hospitalized; provided no	112040
person shall be transferred to a hospital operated by the state or	112041
any political subdivision thereof without the consent of such	112042
department.	112043

The right of such person to appear and defend shall not be	112044
denied.	112045

The judgment or order of hospitalization by a court of	112046
competent jurisdiction of another state ordering a person to the	112047
veterans' administration or other agency of the United States, or	112048
any hospital operated by any such agency, for care or treatment	112049
shall have the same effect as to such person while in this state	112050
as in the state in which the court entering such judgment or	112051
making such order is situated, provided that no nonresident	112052
ordered to a veterans' administration facility located in Ohio	112053
shall thereby acquire a legal settlement in Ohio.	112054

Upon receipt of a certificate that facilities are available	112055
in any such hospital operated by the United States for the care or	112056
treatment of any person ordered to any hospital for the mentally	112057
ill or other hospital in this state for the care of persons	112058
similarly afflicted, and that such person is eligible for such	112059
care or treatment, such department may transfer any such person to	112060
the veterans' administration or other agency of the United States	112061
in the state. Upon effecting any such transfer, the ordering court	112062
shall be notified thereof by the transferring agency; provided	112063
that no such person shall be transferred if hethe person is	112064
confined pursuant to conviction of any crime or misdemeanor, or if	112065
hethe person has been acquitted of any such charge solely on the	112066
ground of insanity, unless prior to such transfer the court	112067
originally ordering such person enters an order for such transfer	112068
after appropriate motion and hearing.	112069

Any person transferred as provided in this section is ordered	112070
to the veterans' administration or other agency of the United	112071
States pursuant to the original order as though hethe person had	112072
been originally so ordered.	112073

Sec. 5910.02. There is hereby created an Ohio war orphans	112074
scholarship board as part of the department of veterans services.	112075
The board consists of eight members as follows: the chancellor of	112076
the Ohio board of regents or the chancellor's designee; the	112077
director of veterans services or the director's designee; one	112078
member of the house of representatives, appointed by the speaker;	112079
one member of the senate, appointed by the president of the	112080
senate; and four members appointed by the governor, one of whom	112081
shall be a representative of the American Legion, one of whom	112082
shall be a representative of the Veterans of Foreign Wars, one of	112083
whom shall be a representative of the Disabled American Veterans,	112084
and one of whom shall be a representative of the AMVETS. At least	112085
ninety days prior to the expiration of the term of office of the	112086
representative of a veterans organization appointed by the	112087
governor, the governor shall notify the state headquarters of the	112088
affected organization of the need for an appointment and request	112089
the organization to make at least three nominations. Within sixty	112090
days after making the request for nominations, the governor may	112091
make the appointment from the nominations received, or may reject	112092
all the nominations and request at least three new nominations,	112093
from which the governor shall make an appointment within thirty	112094
days after making the request for the new nominations. If the	112095
governor receives no nominations during this thirty-day period,	112096
the governor may appoint any veteran.	112097

Terms of office for the four members appointed by the	112098
governor shall be for four years, commencing on the first day of	112099
January and ending on the thirty-first day of December, except	112100
that the term of the AMVETS representative shall expire December	112101
31, 1998, and the new term that succeeds it shall commence on	112102
January 1, 1999, and end on December 31, 2002. Each member shall	112103
hold office from the date of the member's appointment until the	112104
end of the term for which the member was appointed. The other	112105
members shall serve during their terms of office. Any vacancy	112106
shall be filled by appointment in the same manner as by original	112107
appointment. Any member appointed to fill a vacancy occurring	112108
prior to the expiration of the term for which the member's	112109
predecessor was appointed shall hold office for the remainder of	112110
such term. Any appointed member shall continue in office	112111
subsequent to the expiration date of the member's term until the	112112
member's successor takes office, or until a period of sixty days	112113
has elapsed, whichever occurs first. The members of the board	112114
shall serve without pay but shall be reimbursed for travel	112115
expenses and for other actual and necessary expenses incurred in	112116
the performance of their duties, not to exceed ten dollars per day	112117
for ten days in any one year to be appropriated out of any moneys	112118
in the state treasury to the credit of the general revenue fund.	112119

The chancellor of the board of regents shall act as secretary	112120
to the board and shall furnish such clerical and other assistance	112121
as may be necessary to the performance of the duties of the board.	112122

The board shall determine the number of scholarships to be	112123
made available, receive applications for scholarships, pass upon	112124
the eligibility of applicants, decide which applicants are to	112125
receive scholarships, and do all other things necessary for the	112126
proper administration of this chapter.	112127

The board may apply for, and may receive and accept, grants,	112128
and may receive and accept gifts, bequests, and contributions,	112129
from public and private sources, including agencies and	112130
instrumentalities of the United States and this state, and shall	112131
deposit the grants, gifts, bequests, or contributions into the	112132
Ohio war orphans scholarship donation fund.	112133

Sec. 5910.07. The Ohio war orphans scholarship donation fund	112134
is created in the state treasury. The fund shall consist of gifts,	112135
bequests, grants, and contributions made to the fund under section	112136
5910.02 of the Revised Code. Investment earnings of the fund shall	112137
be deposited into the fund. The fund shall be used to operate the	112138
war orphans scholarship program and to provide grants under	112139
sections 5910.01 to 5910.06 of the Revised Code.	112140

Sec. 5910.08. There is hereby created in the state treasury	112141
the war orphans scholarship reserve fund. Not later than the first	112142
day of July of each fiscal year, the chancellor of the Ohio board	112143
of regents shall certify to the director of budget and management	112144
the unencumbered balance of the general revenue fund	112145
appropriations made in the immediately preceding fiscal year for	112146
purposes of the war orphans scholarship program created in Chapter	112147
5910. of the Revised Code. Upon receipt of the certification, the	112148
director may transfer an amount not exceeding the certified amount	112149
from the general revenue fund to the war orphans scholarship	112150
reserve fund. Moneys in the war orphans scholarship reserve fund	112151
shall be used to pay scholarship obligations in excess of the	112152
general revenue fund appropriations made for that purpose.	112153

The director may transfer any unencumbered balance from the	112154
war orphans scholarship reserve fund to the general revenue fund.	112155

Sec. 5919.34. (A) As used in this section:

112156

(1) "Academic term" means any one of the following:

112157

(a) Fall term, which consists of fall semester or fall	112158
quarter, as appropriate;	112159

(b) Winter term, which consists of winter semester, winter	112160
quarter, or spring semester, as appropriate;	112161

112162

(d) Summer term, which consists of summer semester or summer	112163
quarter, as appropriate.	112164

(2) "Eligible applicant" means any individual to whom all of	112165
the following apply:	112166

(a) The individual does not possess a baccalaureate degree.

112167

(b) The individual has enlisted, re-enlisted, or extended	112168
current enlistment in the Ohio national guard or is an individual	112169
to which division (F) of this section applies.	112170

(c) The individual is actively enrolled as a full-time or	112171
part-time student for at least three credit hours of course work	112172
in a semester or quarter in a two-year or four-year	112173
degree-granting program at a state institution of higher education	112174
or a private institution of higher education, or in a	112175
diploma-granting program at a state or private institution of	112176
higher education that is a school of nursing.	112177

(d) The individual has not accumulated ninety-six eligibility	112178
units under division (E) of this section.	112179

(3) "State institution of higher education" means any state	112180
university or college as defined in division (A)(1) of section	112181
3345.12 of the Revised Code, community college established under	112182
Chapter 3354. of the Revised Code, state community college	112183
established under Chapter 3358. of the Revised Code, university	112184
branch established under Chapter 3355. of the Revised Code, or	112185
technical college established under Chapter 3357. of the Revised	112186
Code.	112187

(4) "Private institution of higher education" means an Ohio	112188
institution of higher education that is nonprofit and has received	112189
a certificate of authorization pursuant to Chapter 1713. of the	112190
Revised Code, that is a private institution exempt from regulation	112191
under Chapter 3332. of the Revised Code as prescribed in section	112192
3333.046 of the Revised Code, or that holds a certificate of	112193
registration and program authorization issued by the state board	112194
of career colleges and schools pursuant to section 3332.05 of the	112195
Revised Code.	112196

(5) "Tuition" means the charges imposed to attend an	112197
institution of higher education and includes general and	112198
instructional fees. "Tuition" does not include laboratory fees,	112199
room and board, or other similar fees and charges.	112200

(B) There is hereby created a scholarship program to be known	112201
as the Ohio national guard scholarship program.	112202

(C) The adjutant general shall approve scholarships for all	112203
eligible applicants. The adjutant general shall process all	112204
applications for scholarships for each academic term in the order	112205
in which they are received. The scholarships shall be made without	112206
regard to financial need. At no time shall one person be placed in	112207
priority over another because of sex, race, or religion.	112208

(D)(1) Except as provided in divisions (I) and (J) of this	112209
section, for each academic term that an eligible applicant is	112210
approved for a scholarship under this section and either remains a	112211
current member in good standing of the Ohio national guard or is	112212
eligible for a scholarship under division (F)(1) of this section,	112213
the institution of higher education in which the applicant is	112214
enrolled shall, if the applicant's enlistment obligation extends	112215
beyond the end of that academic term or if division (F)(1) of this	112216
section applies, be paid on the applicant's behalf the applicable	112217
one of the following amounts:	112218

(a) If the institution is a state institution of higher	112219
education, an amount equal to one hundred per cent of the	112220
institution's tuition charges;	112221

(b) If the institution is a nonprofit private institution or	112222
a private institution exempt from regulation under Chapter 3332.	112223
of the Revised Code as prescribed in section 3333.046 of the	112224
Revised Code, an amount equal to one hundred per cent of the	112225
average tuition charges of all state universities;	112226

(c) If the institution is an institution that holds a	112227
certificate of registration from the state board of career	112228
colleges and schools, the lesser of the following:	112229

(i) An amount equal to one hundred per cent of the	112230
institution's tuition;	112231

(ii) An amount equal to one hundred per cent of the average	112232
tuition charges of all state universities, as that term is defined	112233
in section 3345.011 of the Revised Code.	112234

(2) An eligible applicant's scholarship shall not be reduced	112235
by the amount of that applicant's benefits under "the Montgomery	112236
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	112237

(E) A scholarship recipient under this section shall be	112238
entitled to receive scholarships under this section for the number	112239
of quarters or semesters it takes the recipient to accumulate	112240
ninety-six eligibility units as determined under divisions (E)(1)	112241
to (3) of this section.	112242

(1) To determine the maximum number of semesters or quarters	112243
for which a recipient is entitled to a scholarship under this	112244
section, the adjutant general shall convert a recipient's credit	112245
hours of enrollment for each academic term into eligibility units	112246
in accordance with the following table:	112247

		The			112248
Number of		following		The following	112249
credit hours		number of		number of	112250
of enrollment		eligibility		eligibility	112251
in an academic		units if a		units if a	112252
term	equals	semester	or	quarter	112253
					112254
12 or more hours		12 units		8 units	112255
9 but less than 12		9 units		6 units	112256
6 but less than 9		6 units		4 units	112257
3 but less than 6		3 units		2 units	112258

(2) A scholarship recipient under this section may continue	112259
to apply for scholarships under this section until the recipient	112260
has accumulated ninety-six eligibility units.	112261

(3) If a scholarship recipient withdraws from courses prior	112262
to the end of an academic term so that the recipient's enrollment	112263
for that academic term is less than three credit hours, no	112264
scholarship shall be paid on behalf of that person for that	112265
academic term. Except as provided in division (F)(3) of this	112266
section, if a scholarship has already been paid on behalf of the	112267
person for that academic term, the adjutant general shall add to	112268
that person's accumulated eligibility units the number of	112269
eligibility units for which the scholarship was paid.	112270

(F) This division applies to any eligible applicant called	112271
into active duty on or after September 11, 2001. As used in this	112272
division, "active duty" means active duty pursuant to an executive	112273
order of the president of the United States, an act of the	112274
congress of the United States, or section 5919.29 or 5923.21 of	112275
the Revised Code.	112276

(1) For a period of up to five years from when an	112277
individual's enlistment obligation in the Ohio national guard	112278
ends, an individual to whom this division applies is eligible for	112279
scholarships under this section for those academic terms that were	112280
missed or could have been missed as a result of the individual's	112281
call into active duty. Scholarships shall not be paid for the	112282
academic term in which an eligible applicant's enlistment	112283
obligation ends unless an applicant is eligible under this	112284
division for a scholarship for such academic term due to previous	112285
active duty.	112286

(2) When an individual to whom this division applies	112287
withdraws or otherwise fails to complete courses, for which	112288
scholarships have been awarded under this section, because the	112289
individual was called into active duty, the institution of higher	112290
education shall grant the individual a leave of absence from the	112291
individual's education program and shall not impose any academic	112292
penalty for such withdrawal or failure to complete courses.	112293
Division (F)(2) of this section applies regardless of whether or	112294
not the scholarship amount was paid to the institution of higher	112295
education.	112296

(3) If an individual to whom this division applies withdraws	112297
or otherwise fails to complete courses because the individual was	112298
called into active duty, and if scholarships for those courses	112299
have already been paid, either:	112300

(a) The adjutant general shall not add to that person's	112301
accumulated eligibility units calculated under division (E) of	112302
this section the number of eligibility units for the academic	112303
courses or term for which the scholarship was paid and the	112304
institution of higher education shall repay the scholarship amount	112305
to the state.	112306

(b) The adjutant general shall add to that individual's	112307
accumulated eligibility units calculated under division (E) of	112308
this section the number of eligibility units for the academic	112309
courses or term for which the scholarship was paid if the	112310
institution of higher education agrees to permit the individual to	112311
complete the remainder of the academic courses in which the	112312
individual was enrolled at the time the individual was called into	112313
active duty.	112314

(4) No individual who is discharged from the Ohio national	112315
guard under other than honorable conditions shall be eligible for	112316
scholarships under this division.	112317

(G) A scholarship recipient under this section who fails to	112318
complete the term of enlistment, re-enlistment, or extension of	112319
current enlistment the recipient was serving at the time a	112320
scholarship was paid on behalf of the recipient under this section	112321
is liable to the state for repayment of a percentage of all Ohio	112322
national guard scholarships paid on behalf of the recipient under	112323
this section, plus interest at the rate of ten per cent per annum	112324
calculated from the dates the scholarships were paid. This	112325
percentage shall equal the percentage of the current term of	112326
enlistment, re-enlistment, or extension of enlistment a recipient	112327
has not completed as of the date the recipient is discharged from	112328
the Ohio national guard.	112329

The attorney general may commence a civil action on behalf of	112330
the chancellor of the Ohio board of regents to recover the amount	112331
of the scholarships and the interest provided for in this division	112332
and the expenses incurred in prosecuting the action, including	112333
court costs and reasonable attorney's fees. A scholarship	112334
recipient is not liable under this division if the recipient's	112335
failure to complete the term of enlistment being served at the	112336
time a scholarship was paid on behalf of the recipient under this	112337
section is due to the recipient's death or discharge from the	112338
national guard due to disability.	112339

(H) On or before the first day of each academic term, the	112340
adjutant general shall provide an eligibility roster to the	112341
chancellor and to each institution of higher education at which	112342
one or more scholarship recipients have applied for enrollment.	112343
The institution shall use the roster to certify the actual	112344
full-time or part-time enrollment of each scholarship recipient	112345
listed as enrolled at the institution and return the roster to the	112346
adjutant general and the chancellor. Except as provided in	112347
division (J) of this section, the chancellor shall provide for	112348
payment of the appropriate number and amount of scholarships to	112349
each institution of higher education pursuant to division (D) of	112350
this section. If an institution of higher education fails to	112351
certify the actual enrollment of a scholarship recipient listed as	112352
enrolled at the institution within thirty days of the end of an	112353
academic term, the institution shall not be eligible to receive	112354
payment from the Ohio national guard scholarship program or from	112355
the individual enrollee. The adjutant general shall report on a	112356
semiannual basis to the director of budget and management, the	112357
speaker of the house of representatives, the president of the	112358
senate, and the chancellor the number of Ohio national guard	112359
scholarship recipients, the size of the scholarship-eligible	112360
population, and a projection of the cost of the program for the	112361
remainder of the biennium.	112362

(I) The chancellor and the adjutant general may adopt rules	112363
pursuant to Chapter 119. of the Revised Code governing the	112364
administration and fiscal management of the Ohio national guard	112365
scholarship program and the procedure by which the chancellor and	112366
the department of the adjutant general may modify the amount of	112367
scholarships a member receives based on the amount of other state	112368
financial aid a member receives.	112369

(J) The adjutant general, the chancellor, and the director,	112370
or their designees, shall jointly estimate the costs of the Ohio	112371
national guard scholarship program for each upcoming fiscal	112372
biennium, and shall report that estimate prior to the beginning of	112373
the fiscal biennium to the chairpersons of the finance committees	112374
in the general assembly. During each fiscal year of the biennium,	112375
the adjutant general, the chancellor, and the director, or their	112376
designees, shall meet regularly to monitor the actual costs of the	112377
Ohio national guard scholarship program and update cost	112378
projections for the remainder of the biennium as necessary. If the	112379
amounts appropriated for the Ohio national guard scholarship	112380
program and any funds in the Ohio national guard scholarship	112381
reserve fund and the Ohio national guard scholarship donation fund	112382
are not adequate to provide scholarships in the amounts specified	112383
in division (D)(1) of this section for all eligible applicants,	112384
the chancellor shall do all of the following:	112385

(1) Notify each private institution of higher education,	112386
where a scholarship recipient is enrolled, that, by accepting the	112387
Ohio national guard scholarship program as payment for all or part	112388
of the institution's tuition, the institution agrees that if the	112389
chancellor reduces the amount of each scholarship, the institution	112390
shall provide each scholarship recipient a grant or tuition waiver	112391
in an amount equal to the amount the recipient's scholarship was	112392
reduced by the chancellor.	112393

(2) Reduce the amount of each scholarship under division	112394
(D)(1)(a) of this section proportionally based on the amount of	112395
remaining available funds. Each state institution of higher	112396
education shall provide each scholarship recipient under division	112397
(D)(1)(a) of this section a grant or tuition waiver in an amount	112398
equal to the amount the recipient's scholarship was reduced by the	112399
chancellor.	112400

(K) Notwithstanding division (A) of section 127.14 of the	112401
Revised Code, the controlling board shall not transfer all or part	112402
of any appropriation for the Ohio national guard scholarship	112403
program.	112404

(L) The chancellor and the adjutant general may apply for,	112405
and may receive and accept grants, and may receive and accept	112406
gifts, bequests, and contributions, from public and private	112407
sources, including agencies and instrumentalities of the United	112408
States and this state, and shall deposit the grants, gifts,	112409
bequests, or contributions into the national guard scholarship	112410
~~reserve~~donation fund.	112411

Sec. 5919.342. The national guard scholarship donation fund	112412
is created in the state treasury. The fund shall consist of gifts,	112413
bequests, grants, and contributions made to the fund under	112414
division (L) of section 5919.34 of the Revised Code. Investment	112415
earnings of the fund shall be deposited into the fund. The fund	112416
shall be used to operate the Ohio national guard scholarship	112417
program created under section 5919.34 of the Revised Code.	112418

Sec. 5924.502. (A) If the issue of an accused's competence	112419
to stand trial is raised or if an accused enters a plea of not	112420
guilty by reason of insanity, the court may order one or more	112421
evaluations of the accused's present mental condition or, in the	112422
case of a plea of not guilty by reason of insanity, of the	112423
accused's mental condition at the time of the offense charged. An	112424
examiner shall conduct the evaluation.	112425

(B) If the court orders more than one evaluation under	112426
division (A) of this section, the trial counsel and the defense	112427
counsel may recommend to the court an examiner whom each prefers	112428
to perform one of the evaluations. If an accused enters a plea of	112429
not guilty by reason of insanity and if the court does not	112430
designate an examiner recommended by the defense counsel, the	112431
court shall inform the accused that the accused may have	112432
independent expert evaluation and that it will be obtained for the	112433
accused at public expense.	112434

(C) If the court orders an evaluation under division (A) of	112435
this section, the accused shall be available at the times and	112436
places established by the examiners who are to conduct the	112437
evaluation. The court may order an accused who is not being held	112438
in pretrial confinement to submit to an evaluation under this	112439
section. If an accused who is not being held in pretrial	112440
confinement refuses to submit to a complete evaluation, the court	112441
may order the sheriff to take the accused into custody and deliver	112442
the accused to a center, program, or facility operated or	112443
certified by the department of ~~mental health~~mental health and	112444
addiction services where the accused may be held for evaluation	112445
for a reasonable period of time not to exceed twenty days.	112446

(D) An accused who is being held in pretrial confinement may	112447
be evaluated at the accused's place of detention. Upon the request	112448
of the examiner, the court may order the sheriff to transport the	112449
accused to a program or facility operated or certified by the	112450
department of ~~mental health~~mental health and addiction services,	112451
where the accused may be held for evaluation for a reasonable	112452
period of time not to exceed twenty days, and to return the	112453
accused to the place of detention after the evaluation.	112454

(E) If a court orders the evaluation to determine an	112455
accused's mental condition at the time of the offense charged, the	112456
court shall inform the examiner of the offense with which the	112457
accused is charged.	112458

(F) In conducting an evaluation of an accused's mental	112459
condition at the time of the offense charged, the examiner shall	112460
consider all relevant evidence. If the offense charged involves	112461
the use of force against another person, the relevant evidence to	112462
be considered includes, but is not limited to, any evidence that	112463
the accused suffered at the time of the commission of the offense	112464
from the "battered woman syndrome."	112465

(G) The examiner shall file a written report with the court	112466
within thirty days after entry of a court order for evaluation,	112467
and the court shall provide copies of the report to the trial	112468
counsel and defense counsel. The report shall include all of the	112469
following:	112470

(1) The examiner's findings;

112471

(2) The facts in reasonable detail on which the findings are	112472
based;	112473

(3) If the evaluation was ordered to determine the accused's	112474
competence to stand trial, all of the following findings or	112475
recommendations that are applicable:	112476

(a) Whether the accused is capable of understanding the	112477
nature and objective of the proceedings against the accused or of	112478
assisting in the accused's defense;	112479

(b) If the examiner's opinion is that the accused is	112480
incapable of understanding the nature and objective of the	112481
proceedings against the accused or of assisting in the accused's	112482
defense, whether the accused presently is mentally ill;	112483

(c) If the examiner's opinion is that the accused is	112484
incapable of understanding the nature and objective of the	112485
proceedings against the accused or of assisting in the accused's	112486
defense, the examiner's opinion as to the likelihood of the	112487
accused becoming capable of understanding the nature and objective	112488
of the proceedings against the accused and of assisting in the	112489
accused's defense within one year if the accused is provided with	112490
a course of treatment;	112491

(d) If the examiner's opinion is that the accused is	112492
incapable of understanding the nature and objective of the	112493
proceedings against the accused or of assisting in the accused's	112494
defense and that the accused presently is mentally ill, the	112495
examiner's recommendation as to the least restrictive placement or	112496
commitment alternative, consistent with the accused's treatment	112497
needs for restoration to competency and with the safety of the	112498
community;	112499

(e) If the accused is charged before a special or summary	112500
court-martial with an offense that is not a violation of section	112501
5924.120, 5924.127, or 5924.128 of the Revised Code and the	112502
examiner's opinion is that the accused is incapable of	112503
understanding the nature and objective of the proceedings against	112504
the accused or of assisting in the accused's defense and that the	112505
accused is presently mentally ill, the examiner's recommendation	112506
as to whether the accused is amenable to engagement in mental	112507
health treatment.	112508

(4) If the evaluation was ordered to determine the accused's	112509
mental condition at the time of the offense charged, the	112510
examiner's findings as to whether the accused at the time of the	112511
offense charged did not know, as a result of a severe mental	112512
disease or defect, the wrongfulness of the accused's acts charged.	112513

(H) An examiner appointed under divisions (A) and (B) of this	112514
section to evaluate an accused to determine the accused's	112515
competence to stand trial also may be appointed to evaluate an	112516
accused who has entered a plea of not guilty by reason of	112517
insanity, but an examiner of that nature shall prepare separate	112518
reports on the issue of competence to stand trial and the defense	112519
of not guilty by reason of insanity.	112520

(I) No statement that an accused makes in an evaluation or	112521
hearing under divisions (A) to (H) of this section relating to the	112522
accused's competence to stand trial or to the accused's mental	112523
condition at the time of the offense charged may be used against	112524
the accused on the issue of guilt in any criminal action or	112525
proceeding, but, in a criminal action or proceeding, the trial	112526
counsel or defense counsel may call as a witness any person who	112527
evaluated the accused or prepared a report pursuant to a referral	112528
under this section. Neither the appointment nor the testimony of	112529
an examiner appointed under this section precludes the trial	112530
counsel or defense counsel from calling other witnesses or	112531
presenting other evidence on competency or insanity issues.	112532

(J) Persons appointed as examiners under divisions (A) and	112533
(B) of this section or under division (H) of this section shall be	112534
paid a reasonable amount for their services and expenses, as	112535
certified by the court.	112536

Sec. 5924.503. (A) If the issue of an accused's competence	112537
to stand trial is raised and if the court, upon conducting the	112538
hearing provided for in section 5924.502 of the Revised Code,	112539
finds that the accused is competent to stand trial, the accused	112540
shall be proceeded against as provided by law. If the court finds	112541
the accused competent to stand trial and the accused is receiving	112542
psychotropic drugs or other medication, the court may authorize	112543
the continued administration of the drugs or medication or other	112544
appropriate treatment in order to maintain the accused's	112545
competence to stand trial unless the accused's attending physician	112546
advises the court against continuation of the drugs, other	112547
medication, or treatment.	112548

(B)(1)(a) If, after taking into consideration all relevant	112549
reports, information, and other evidence, the court finds that the	112550
accused is incompetent to stand trial and that there is a	112551
substantial probability that the accused will become competent to	112552
stand trial within one year if the accused is provided with a	112553
course of treatment, the court shall order the accused to undergo	112554
treatment. If the accused is being tried by a general	112555
court-martial and if, after taking into consideration all relevant	112556
reports, information, and other evidence, the court finds that the	112557
accused is incompetent to stand trial, but the court is unable at	112558
that time to determine whether there is a substantial probability	112559
that the accused will become competent to stand trial within one	112560
year if the accused is provided with a course of treatment, the	112561
court shall order continuing evaluation and treatment of the	112562
accused for a period not to exceed four months to determine	112563
whether there is a substantial probability that the accused will	112564
become competent to stand trial within one year if the accused is	112565
provided with a course of treatment.	112566

(b) The court order for the accused to undergo treatment or	112567
continuing evaluation and treatment under division (B)(1)(a) of	112568
this section shall specify that the accused, if determined to	112569
require mental health treatment or continuing evaluation and	112570
treatment, shall be committed to the department of ~~mental health~~	112571
mental health and addiction services for treatment or continuing	112572
evaluation and treatment at a hospital, facility, or agency	112573
determined to be clinically appropriate by the department of	112574
~~mental health~~mental health and addiction services. The order may	112575
restrict the accused's freedom of movement as the court considers	112576
necessary. The trial counsel in the accused's case shall send to	112577
the chief clinical officer of the hospital, facility, or ~~agency~~	112578
services provider where the accused is placed by the department of	112579
~~mental health~~mental health and addiction services or to the	112580
managing officer of the institution, the director of the facility,	112581
or the person to which the accused is committed copies of relevant	112582
investigative reports and other background information that	112583
pertains to the accused and is available to the trial counsel	112584
unless the trial counsel determines that the release of any of the	112585
information in the investigative reports or any of the other	112586
background information to unauthorized persons would interfere	112587
with the effective prosecution of any person or would create a	112588
substantial risk of harm to any person.	112589

In committing the accused to the department of ~~mental health~~	112590
mental health and addiction services, the court shall consider the	112591
extent to which the person is a danger to the person and to	112592
others, the need for security, and the type of crime involved and,	112593
if the court finds that restrictions on the accused's freedom of	112594
movement are necessary, shall specify the least restrictive	112595
limitations on the person's freedom of movement determined to be	112596
necessary to protect public safety. In weighing these factors, the	112597
court shall give preference to protecting public safety.	112598

(c) If the accused is found incompetent to stand trial, if	112599
the chief clinical officer of the hospital, facility, or ~~agency~~	112600
services provider where the accused is placed, or the managing	112601
officer of the institution, the director of the facility, or the	112602
person to which the accused is committed for treatment or	112603
continuing evaluation and treatment under division (B)(1)(b) of	112604
this section determines that medication is necessary to restore	112605
the accused's competency to stand trial, and if the accused lacks	112606
the capacity to give informed consent or refuses medication, the	112607
chief clinical officer of the hospital, facility, or ~~agency~~	112608
services provider where the accused is placed or the managing	112609
officer of the institution, the director of the facility, or the	112610
person to which the accused is committed for treatment or	112611
continuing evaluation and treatment may petition the court for	112612
authorization for the involuntary administration of medication.	112613
The court shall hold a hearing on the petition within five days of	112614
the filing of the petition. Following the hearing, the court may	112615
authorize the involuntary administration of medication or may	112616
dismiss the petition.	112617

(d) If the accused is charged before a special or summary	112618
court-martial with an offense that is not a violation of section	112619
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	112620
counsel may hold the charges in abeyance while the accused engages	112621
in mental health treatment.	112622

(2) If the court finds that the accused is incompetent to	112623
stand trial and that, even if the accused is provided with a	112624
course of treatment, there is not a substantial probability that	112625
the accused will become competent to stand trial within one year,	112626
the court shall order the discharge of the accused, unless upon	112627
motion of the trial counsel or on its own motion, the court either	112628
seeks to retain jurisdiction over the accused pursuant to division	112629
(A)(2) of section 5924.504 of the Revised Code or files an	112630
affidavit in the probate court for the civil commitment of the	112631
accused pursuant to Chapter 5122. of the Revised Code alleging	112632
that the accused is a mentally ill person subject to	112633
hospitalization by court order. If an affidavit is filed in the	112634
probate court, the trial court shall send to the probate court	112635
copies of all written reports of the accused's mental condition	112636
that were prepared pursuant to section 5924.502 of the Revised	112637
Code.	112638

The trial court may issue the temporary order of detention	112639
that a probate court may issue under section 5122.11 of the	112640
Revised Code, to remain in effect until the probable cause or	112641
initial hearing in the probate court. Further proceedings in the	112642
probate court are civil proceedings governed by Chapter 5122. of	112643
the Revised Code.	112644

(C) No accused shall be required to undergo treatment,	112645
including any continuing evaluation and treatment, under division	112646
(B)(1) of this section for longer than whichever of the following	112647
periods is applicable:	112648

(1) One year, if the accused is being tried by a general	112649
court-martial;	112650

(2) Six months, if the accused is being tried before a	112651
special court-martial;	112652

(3) Sixty days, if the accused is being tried before a	112653
summary court-martial.	112654

(D) Any accused who is committed pursuant to this section	112655
shall not voluntarily admit the accused or be voluntarily admitted	112656
to a hospital or institution pursuant to section 5122.02 or	112657
5122.15 of the Revised Code.	112658

(E) Except as otherwise provided in this division, an accused	112659
who is charged with an offense and is committed by the court under	112660
this section to the department of ~~mental health~~mental health and	112661
addiction services with restrictions on the accused's freedom of	112662
movement shall not be granted unsupervised on-grounds movement,	112663
supervised off-grounds movement, or nonsecured status except in	112664
accordance with the court order. The court may grant an accused	112665
supervised off-grounds movement to obtain medical treatment or	112666
specialized habilitation treatment services if the person who	112667
supervises the treatment or the continuing evaluation and	112668
treatment of the accused ordered under division (B)(1)(a) of this	112669
section informs the court that the treatment or continuing	112670
evaluation and treatment cannot be provided at the hospital or	112671
facility where the accused is placed by the department of ~~mental~~	112672
~~health~~mental health and addiction services. The chief clinical	112673
officer of the hospital or facility where the accused is placed by	112674
the department of ~~mental health~~mental health and addiction	112675
services or the managing officer of the institution or director of	112676
the facility to which the accused is committed or a designee of	112677
any of those persons may grant an accused movement to a medical	112678
facility for an emergency medical situation with appropriate	112679
supervision to ensure the safety of the accused, staff, and	112680
community during that emergency medical situation. The chief	112681
clinical officer of the hospital or facility where the accused is	112682
placed by the department of ~~mental health~~mental health and	112683
addiction services or the managing officer of the institution or	112684
director of the facility to which the accused is committed shall	112685
notify the court within twenty-four hours of the accused's	112686
movement to the medical facility for an emergency medical	112687
situation under this division.	112688

(F) The person who supervises the treatment or continuing	112689
evaluation and treatment of an accused ordered to undergo	112690
treatment or continuing evaluation and treatment under division	112691
(B)(1)(a) of this section shall file a written report with the	112692
court at the following times:	112693

(1) Whenever the person believes the accused is capable of	112694
understanding the nature and objective of the proceedings against	112695
the accused and of assisting in the accused's defense;	112696

(2) Fourteen days before expiration of the maximum time for	112697
treatment as specified in division (C) of this section and	112698
fourteen days before the expiration of the maximum time for	112699
continuing evaluation and treatment as specified in division	112700
(B)(1)(a) of this section;	112701

(3) At a minimum, after each six months of treatment;

112702

(4) Whenever the person who supervises the treatment or	112703
continuing evaluation and treatment of an accused ordered under	112704
division (B)(1)(a) of this section believes that there is not a	112705
substantial probability that the accused will become capable of	112706
understanding the nature and objective of the proceedings against	112707
the accused or of assisting in the accused's defense even if the	112708
accused is provided with a course of treatment.	112709

(G) A report under division (F) of this section shall contain	112710
the examiner's findings, the facts in reasonable detail on which	112711
the findings are based, and the examiner's opinion as to the	112712
accused's capability of understanding the nature and objective of	112713
the proceedings against the accused and of assisting in the	112714
accused's defense. If, in the examiner's opinion, the accused	112715
remains incapable of understanding the nature and objective of the	112716
proceedings against the accused and of assisting in the accused's	112717
defense and there is a substantial probability that the accused	112718
will become capable of understanding the nature and objective of	112719
the proceedings against the accused and of assisting in the	112720
accused's defense if the accused is provided with a course of	112721
treatment, if in the examiner's opinion the accused remains	112722
mentally ill, and if the maximum time for treatment as specified	112723
in division (C) of this section has not expired, the report also	112724
shall contain the examiner's recommendation as to the least	112725
restrictive placement or commitment alternative that is consistent	112726
with the accused's treatment needs for restoration to competency	112727
and with the safety of the community. The court shall provide	112728
copies of the report to the trial counsel and defense counsel.	112729

(H) If an accused is committed pursuant to division (B)(1) of	112730
this section, within ten days after the treating physician of the	112731
accused or the examiner of the accused who is employed or retained	112732
by the treating facility advises that there is not a substantial	112733
probability that the accused will become capable of understanding	112734
the nature and objective of the proceedings against the accused or	112735
of assisting in the accused's defense even if the accused is	112736
provided with a course of treatment, within ten days after the	112737
expiration of the maximum time for treatment as specified in	112738
division (C) of this section, within ten days after the expiration	112739
of the maximum time for continuing evaluation and treatment as	112740
specified in division (B)(1)(a) of this section, within thirty	112741
days after an accused's request for a hearing that is made after	112742
six months of treatment, or within thirty days after being advised	112743
by the treating physician or examiner that the accused is	112744
competent to stand trial, whichever is the earliest, the court	112745
shall conduct another hearing to determine if the accused is	112746
competent to stand trial and shall do whichever of the following	112747
is applicable:	112748

(1) If the court finds that the accused is competent to stand	112749
trial, the accused shall be proceeded against as provided by law.	112750

(2) If the court finds that the accused is incompetent to	112751
stand trial, but that there is a substantial probability that the	112752
accused will become competent to stand trial if the accused is	112753
provided with a course of treatment, and the maximum time for	112754
treatment as specified in division (C) of this section has not	112755
expired, the court, after consideration of the examiner's	112756
recommendation, shall order that treatment be continued, may	112757
change least restrictive limitations on the accused's freedom of	112758
movement.	112759

(3) If the court finds that the accused is incompetent to	112760
stand trial, if the accused is being tried by a general	112761
court-martial, and if the court finds that there is not a	112762
substantial probability that the accused will become competent to	112763
stand trial even if the accused is provided with a course of	112764
treatment, or if the maximum time for treatment as specified in	112765
division (C) of this section has expired, further proceedings	112766
shall be as provided in sections 5924.504 to 5924.506 of the	112767
Revised Code.	112768

(4) If the court finds that the accused is incompetent to	112769
stand trial, if the accused is being tried before a special	112770
court-martial, and if the court finds that there is not a	112771
substantial probability that the accused will become competent to	112772
stand trial even if the accused is provided with a course of	112773
treatment, or if the maximum time for treatment as specified in	112774
division (C) of this section has expired, the court shall dismiss	112775
the charge against the accused. A dismissal under this division is	112776
not a bar to further prosecution based on the same conduct. The	112777
court shall discharge the accused unless the court or trial	112778
counsel files an affidavit in probate court for civil commitment	112779
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	112780
civil commitment is filed, the court may detain the accused for	112781
ten days pending civil commitment. All of the following provisions	112782
apply to persons being tried by a special court-martial who are	112783
committed by the probate court subsequent to the court's or trial	112784
counsel's filing of an affidavit for civil commitment under	112785
authority of this division:	112786

(a) The chief clinical officer of the entity, hospital, or	112787
facility, the managing officer of the institution, or the person	112788
to which the accused is committed or admitted shall do all of the	112789
following:	112790

(i) Notify the trial counsel in writing of the discharge of	112791
the accused, send the notice at least ten days prior to the	112792
discharge unless the discharge is by the probate court, and state	112793
in the notice the date on which the accused will be discharged;	112794

(ii) Notify the trial counsel in writing when the accused is	112795
absent without leave or is granted unsupervised, off-grounds	112796
movement and send this notice promptly after the discovery of the	112797
absence without leave or prior to the granting of the	112798
unsupervised, off-grounds movement, whichever is applicable;	112799

(iii) Notify the trial counsel in writing of the change of	112800
the accused's commitment or admission to voluntary status, send	112801
the notice promptly upon learning of the change to voluntary	112802
status, and state in the notice the date on which the accused was	112803
committed or admitted on a voluntary status.	112804

(b) The trial counsel shall promptly inform the convening	112805
authority of any notification received under division (H)(4)(a) of	112806
this section. Upon receiving notice that the accused will be	112807
granted unsupervised, off-grounds movement, the convening	112808
authority either shall refer the charges against the accused to an	112809
investigating officer again or promptly notify the court that the	112810
convening authority does not intend to refer the charges against	112811
the accused again.	112812

(I) If an accused is convicted of a crime and sentenced to	112813
confinement, the accused's sentence shall be reduced by the total	112814
number of days the accused is confined for evaluation to determine	112815
the accused's competence to stand trial or treatment under this	112816
section and sections 5924.502 and 5924.504 of the Revised Code or	112817
by the total number of days the accused is confined for evaluation	112818
to determine the accused's mental condition at the time of the	112819
offense charged.	112820

Sec. 5924.504. (A) If an accused being tried by a general	112821
court-martial is found incompetent to stand trial, after the	112822
expiration of the maximum time for treatment as specified in	112823
division (C) of section 5924.503 of the Revised Code or after the	112824
court finds that there is not a substantial probability that the	112825
accused will become competent to stand trial even if the accused	112826
is provided with a course of treatment, one of the following	112827
applies:	112828

(1) The court or the trial counsel may file an affidavit in	112829
probate court for civil commitment of the accused in the manner	112830
provided in Chapter 5122. of the Revised Code. If the court or	112831
trial counsel files an affidavit for civil commitment, the court	112832
may detain the accused for ten days pending civil commitment. If	112833
the probate court commits the accused subsequent to the court's or	112834
trial counsel's filing of an affidavit for civil commitment, the	112835
chief clinical officer of the entity, hospital, or facility, the	112836
managing officer of the institution, or the person to which the	112837
accused is committed or admitted shall send to the trial counsel	112838
the notices described in divisions (H)(4)(a)(i) to (iii) of	112839
section 5924.503 of the Revised Code within the periods of time	112840
and under the circumstances specified in those divisions.	112841

(2) On the motion of the trial counsel or on its own motion,	112842
the court may retain jurisdiction over the accused if at a hearing	112843
the court finds both of the following by clear and convincing	112844
evidence:	112845

(a) The accused committed the offense with which the accused	112846
is charged.	112847

(b) The accused is a mentally ill person subject to	112848
hospitalization by court order.	112849

(B) In making its determination under division (A)(2) of this	112850
section as to whether to retain jurisdiction over the accused, the	112851
court may consider all relevant evidence, including, but not	112852
limited to, any relevant psychiatric, psychological, or medical	112853
testimony or reports, the acts constituting the offense charged,	112854
and any history of the accused that is relevant to the accused's	112855
ability to conform to the law.	112856

(C) If the court conducts a hearing as described in division	112857
(A)(2) of this section and if the court does not make both	112858
findings described in divisions (A)(2)(a) and (b) of this section	112859
by clear and convincing evidence, the court shall dismiss the	112860
charges against the accused. Upon the dismissal, the court shall	112861
discharge the accused unless the court or trial counsel files an	112862
affidavit in probate court for civil commitment of the accused	112863
pursuant to Chapter 5122. of the Revised Code. If the court or	112864
trial counsel files an affidavit for civil commitment, the court	112865
may order that the accused be detained for up to ten days pending	112866
the civil commitment. If the probate court commits the accused	112867
subsequent to the court's or trial counsel's filing of an	112868
affidavit for civil commitment, the chief clinical officer of the	112869
entity, hospital, or facility, the managing officer of the	112870
institution, or the person to which the accused is committed or	112871
admitted shall send to the trial counsel the notices described in	112872
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	112873
Code within the periods of time and under the circumstances	112874
specified in those divisions. A dismissal of charges under this	112875
division is not a bar to further criminal proceedings based on the	112876
same conduct.	112877

(D)(1) If the court conducts a hearing as described in	112878
division (A)(2) of this section and if the court makes the	112879
findings described in divisions (A)(2)(a) and (b) of this section	112880
by clear and convincing evidence, the court shall commit the	112881
accused, if determined to require mental health treatment, to the	112882
department of ~~mental health~~mental health and addiction services	112883
for treatment at a hospital, facility, or ~~agency~~services provider	112884
as determined clinically appropriate by the department of ~~mental~~	112885
~~health~~mental health and addiction services. In committing the	112886
accused to the department of ~~mental health~~mental health and	112887
addiction services, the court shall specify the least restrictive	112888
limitations on the accused's freedom of movement determined to be	112889
necessary to protect public safety.	112890

(2) If a court makes a commitment of an accused under	112891
division (D)(1) of this section, the trial counsel shall send to	112892
the hospital, facility, or ~~agency~~services provider where the	112893
accused is placed by the department of ~~mental health~~mental health	112894
and addiction services or to the accused's place of commitment all	112895
reports of the accused's current mental condition and, except as	112896
otherwise provided in this division, any other relevant	112897
information, including, but not limited to, a transcript of the	112898
hearing held pursuant to division (A)(2) of this section, copies	112899
of relevant investigative reports, and copies of any prior arrest	112900
and conviction records that pertain to the accused and that the	112901
trial counsel possesses. The trial counsel shall send the reports	112902
of the accused's current mental condition in every case of	112903
commitment, and, unless the trial counsel determines that the	112904
release of any of the other relevant information to unauthorized	112905
persons would interfere with the effective prosecution of any	112906
person or would create a substantial risk of harm to any person,	112907
the trial counsel also shall send the other relevant information.	112908

(3) If a court makes a commitment under division (D)(1) of	112909
this section, all further proceedings shall be in accordance with	112910
Chapter 5122. of the Revised Code.	112911

Sec. 5924.506. (A) If an accused person is found not guilty	112912
by reason of insanity, the verdict shall state that finding, and	112913
the trial court shall conduct a full hearing to determine whether	112914
the person is a mentally ill person subject to hospitalization by	112915
court order. Prior to the hearing, if the military judge believes	112916
that there is probable cause that the person found not guilty by	112917
reason of insanity is a mentally ill person subject to	112918
hospitalization by court order, the military judge may issue a	112919
temporary order of detention for that person to remain in effect	112920
for ten court days or until the hearing, whichever occurs first.	112921

Any person detained pursuant to a temporary order of	112922
detention issued under this division shall be held in a suitable	112923
facility, taking into consideration the place and type of	112924
confinement prior to and during trial.	112925

(B) The court shall hold the hearing under division (A) of	112926
this section to determine whether the person found not guilty by	112927
reason of insanity is a mentally ill person subject to	112928
hospitalization by court order within ten court days after the	112929
finding of not guilty by reason of insanity. Failure to conduct	112930
the hearing within the ten-day period shall cause the immediate	112931
discharge of the respondent, unless the judge grants a continuance	112932
for not longer than ten court days for good cause shown or for any	112933
period of time upon motion of the respondent.	112934

(C) If a person is found not guilty by reason of insanity,	112935
the person has the right to attend a hearing conducted pursuant to	112936
this section. At the hearing, the court shall inform the person	112937
that the person has all of the following rights:	112938

(1) The right to be represented by defense counsel or to	112939
retain civilian counsel, if the person so chooses;	112940

(2) The right to have independent expert evaluation;

112941

(3) The right to subpoena witnesses and documents, to present	112942
evidence on the person's behalf, and to cross-examine witnesses	112943
against the person;	112944

(4) The right to testify in the person's own behalf and to	112945
not be compelled to testify;	112946

(5) The right to have copies of any relevant medical or	112947
mental health document in the custody of the state or of any place	112948
of commitment other than a document for which the court finds that	112949
the release to the person of information contained in the document	112950
would create a substantial risk of harm to any person.	112951

(D) The hearing under division (A) of this section shall be	112952
open to the public, and the court shall conduct the hearing in	112953
accordance with regulations prescribed by the adjutant general.	112954
The court shall make and maintain a full transcript and record of	112955
the hearing proceedings. The court may consider all relevant	112956
evidence, including, but not limited to, any relevant psychiatric,	112957
psychological, or medical testimony or reports, the acts	112958
constituting the offense in relation to which the person was found	112959
not guilty by reason of insanity, and any history of the person	112960
that is relevant to the person's ability to conform to the law.	112961

(E) Upon completion of the hearing under division (A) of this	112962
section, if the court finds there is not clear and convincing	112963
evidence that the person is a mentally ill person subject to	112964
hospitalization by court order, the court shall discharge the	112965
person, unless a detainer has been placed upon the person by the	112966
department of rehabilitation and correction, in which case the	112967
person shall be returned to that department.	112968

(F) If, at the hearing under division (A) of this section,	112969
the court finds by clear and convincing evidence that the person	112970
is a mentally ill person subject to hospitalization by court	112971
order, it shall commit the person to the department of ~~mental~~	112972
~~health~~mental health and addiction services for placement in a	112973
hospital, facility, or ~~agency~~services provider as determined	112974
clinically appropriate by the department of ~~mental health~~mental	112975
health and addiction services. Further proceedings shall be in	112976
accordance with Chapter 5122. or 5123. of the Revised Code. In	112977
committing the accused to the department of ~~mental health~~mental	112978
health and addiction services, the court shall specify the least	112979
restrictive limitations on the accused's freedom of movement	112980
determined to be necessary to protect public safety.	112981

(G) If a court makes a commitment of a person under division	112982
(F) of this section, the trial counsel shall send to the hospital,	112983
facility, or ~~agency~~services provider where the defendant is	112984
placed by the department of ~~mental health~~mental health and	112985
addiction services or to the accused's place of commitment all	112986
reports of the person's current mental condition, and, except as	112987
otherwise provided in this division, any other relevant	112988
information, including, but not limited to, a transcript of the	112989
hearing held pursuant to division (A) of this section, copies of	112990
relevant investigative reports, and copies of any prior arrest and	112991
conviction records that pertain to the person and that the trial	112992
counsel possesses. The trial counsel shall send the reports of the	112993
person's current mental condition in every case of commitment,	112994
and, unless the trial counsel determines that the release of any	112995
of the other relevant information to unauthorized persons would	112996
interfere with the effective prosecution of any person or would	112997
create a substantial risk of harm to any person, the trial counsel	112998
also shall send the other relevant information.	112999

(H) A person who is committed pursuant to this section shall	113000
not voluntarily admit the person or be voluntarily admitted to a	113001
hospital or institution pursuant to sections 5122.02 and 5122.15	113002
of the Revised Code.	113003

Sec. 6109.21. (A) Except as provided in divisions (I) and	113004
(J) of this section, no person shall operate a public water system	113005
in this state without a license issued by the director of	113006
environmental protection.	113007

(B)~~(1)~~ A person who proposes to operate a new public water	113008
system, in addition to complying with section 6109.07 of the	113009
Revised Code and rules adopted under it, shall obtain an initial	113010
license from the director. The person shall submit an application	113011
for the initial license at least forty-five days prior to	113012
commencing the operation of the system.	113013

(C) A license shall expire on the thirtieth day of January in	113014
the year following its issuance.	113015

(D) A license shall be renewed annually. A person proposing	113016
to continue operating a public water system shall apply for a	113017
license renewal at least thirty days prior to the expiration date	113018
of the license.	113019

(E) ~~Through June 30, 2014, each~~Each application for a	113020
license or license renewal shall be accompanied by the appropriate	113021
fee established under division (M) of section 3745.11 of the	113022
Revised Code. However, an applicant for an initial license who is	113023
proposing to operate a new public water system shall submit a fee	113024
that equals a prorated amount of the appropriate fee established	113025
under that division for the remainder of the licensing year.	113026

(F) Not later than thirty days after receiving a completed	113027
application and the appropriate license fee for a license or	113028
license renewal for a public water system, the director shall do	113029
one of the following:	113030

(1) Issue the license or license renewal for the public water	113031
system;	113032

(2) Issue the license or license renewal subject to terms and	113033
conditions that the director determines are necessary to ensure	113034
compliance with this chapter and rules adopted under it;	113035

(3) Deny the license or license renewal if the director finds	113036
that the public water system cannot be operated in substantial	113037
compliance with this chapter and rules adopted under it.	113038

(G) The director may condition, suspend, or revoke a license	113039
or license renewal issued under this section at any time if the	113040
director finds that the public water system was not or will not be	113041
operated in substantial compliance with this chapter and rules	113042
adopted under it.	113043

(H) The director shall adopt rules in accordance with Chapter	113044
119. of the Revised Code establishing procedures and requirements	113045
governing both of the following:	113046

(1) Information to be included on applications for licenses	113047
and license renewals issued under this section;	113048

(2) The issuance, conditioning, suspension, revocation, and	113049
denial of licenses and license renewals under this section.	113050

(I)(1) As used in division (I) of this section, "church"	113051
means a fellowship of believers, congregation, society,	113052
corporation, convention, or association that is formed primarily	113053
or exclusively for religious purposes and that is not formed or	113054
operated for the private profit of any person.	113055

(2) This section does not apply to a church that operates or	113056
maintains a public water system solely to provide water for that	113057
church or for a campground that is owned by the church and	113058
operated primarily or exclusively for members of the church and	113059
their families.	113060

(J) This section does not apply to any public or nonpublic	113061
school that meets minimum standards of the state board of	113062
education that operates or maintains a public water system solely	113063
to provide water for that school.	113064

(K) The environmental protection agency shall collect well	113065
log filing fees on behalf of the division of soil and water	113066
resources in the department of natural resources in accordance	113067
with section 1521.05 of the Revised Code and rules adopted under	113068
it. The fees shall be submitted to the division quarterly as	113069
provided in those rules.	113070

Sec. 6111.037. (A) ~~There is hereby created in the state~~	113071
~~treasury the nonpoint source pollution management fund. The fund~~	113072
~~shall consist of grant moneys received under~~For purposes of state	113073
nonpoint source pollution management and pursuant to section 319	113074
of the "Federal Water Pollution Control Act," ~~for purposes of~~	113075
~~assisting with the development and implementation of a~~	113076
~~comprehensive nonpoint source pollution management program~~	113077
~~pursuant to that section of the act. Moneys credited to the fund~~	113078
~~may be used for purposes of research, planning, water quality~~	113079
~~assessments, demonstration projects, enforcement, technical~~	113080
~~assistance, education, and training regarding management of~~	113081
~~nonpoint sources of water pollution. The~~the director of	113082
environmental protection may enter into agreements to receive	113083
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	113084
for deposit into the state treasury to the credit of the water	113085
quality protection fund created in section 6111.0381 of the	113086
Revised Code. The director may enter into agreements to make	113087
grants of moneys credited to the fund under this section,	113088
including, without limitation, passthrough grants to other state	113089
departments or agencies.	113090

(B) The director shall periodically prepare and, by rules	113091
adopted under division (O) of section 6111.036 of the Revised	113092
Code, establish a priority system for identifying activities	113093
eligible for assistance under this section. The priority system	113094
shall ensure that financial assistance available under this	113095
section is first provided to:	113096

(1) Control particularly difficult or serious nonpoint source	113097
pollution problems, including, without limitation, problems	113098
resulting from mining activities;	113099

(2) Implement innovative methods or practices for controlling	113100
nonpoint sources of pollution, including, without limitation,	113101
regulatory programs that the director determines are appropriate;	113102

(3) Control interstate nonpoint source pollution problems;

113103

(4) Implement ground and surface water quality protection	113104
activities that the director determines are part of a	113105
comprehensive nonpoint source pollution control program, which	113106
activities include research, planning, ~~ground~~ water quality	113107
assessments, demonstration programs, enforcement, technical	113108
assistance, education, and training to protect ~~ground~~ water	113109
quality from nonpoint sources of pollution.	113110

Section 101.02. That existing sections 9.03, 9.15, 9.231,	113111
9.239, 9.24, 9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41,	113112
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	113113
109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02,	113114
113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03,	113115
121.11, 121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	113116
122.28, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36,	113117
122.657, 122.658, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701,	113118
122.76, 122.85, 122.861, 123.01, 123.10, 123.11, 123.201, 123.21,	113119
123.27, 124.11, 124.14, 124.141, 124.18, 124.30, 124.341, 124.381,	113120
124.57, 125.05, 125.21, 125.212, 125.28, 125.602, 125.603,	113121
125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45, 126.46,	113122
126.47, 126.48, 127.14, 127.16, 133.06, 140.01, 140.03, 140.05,	113123
145.01, 145.012, 145.22, 149.01, 149.43, 151.11, 152.09, 153.692,	113124
154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03,	113125
156.04, 156.05, 164.27, 166.02, 166.03, 166.04, 166.08, 166.25,	113126
169.02, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21, 173.23,	113127
173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392, 173.394,	113128
173.40, 173.401, 173.402, 173.403, 173.404, 173.42, 173.43,	113129
173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	113130
173.501, 173.99, 191.01, 191.02, 191.04, 191.06, 305.23, 307.07,	113131
307.673, 307.674, 307.86, 317.08, 317.32, 317.321, 317.36, 321.35,	113132
321.44, 329.04, 329.051, 329.06, 329.14, 339.02, 339.05, 339.06,	113133
339.07, 340.01, 340.011, 340.02, 340.021, 340.03, 340.031,	113134
340.032, 340.04, 340.05, 340.07, 340.09, 340.091, 340.10, 340.11,	113135
340.12, 340.13, 340.15, 340.16, 341.192, 351.021, 715.691,	113136
731.091, 737.41, 742.14, 755.06, 901.21, 901.22, 901.23, 903.11,	113137
903.99, 905.06, 909.15, 924.06, 927.54, 955.201, 956.07, 956.18,	113138
991.03, 991.04, 991.06, 1321.46, 1337.11, 1347.08, 1501.011,	113139
1501.45, 1509.01, 1509.02, 1509.062, 1509.10, 1509.11, 1509.50,	113140
1509.73, 1511.02, 1511.022, 1519.05, 1531.06, 1531.17, 1545.071,	113141
1547.99, 1551.33, 1551.35, 1555.15, 1711.07, 1724.03, 1739.061,	113142
1751.01, 1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60,	113143
1923.14, 2101.24, 2108.05, 2113.041, 2113.06, 2117.061, 2117.25,	113144
2133.01, 2133.25, 2151.011, 2151.3514, 2151.362, 2151.86, 2152.54,	113145
2152.59, 2303.201, 2305.234, 2307.65, 2317.02, 2317.422, 2505.02,	113146
2743.02, 2744.05, 2901.13, 2901.30, 2903.33, 2907.22, 2913.40,	113147
2913.401, 2919.271, 2921.01, 2921.13, 2921.22, 2921.36, 2921.38,	113148
2923.126, 2925.03, 2929.13, 2929.15, 2930.01, 2935.03, 2935.33,	113149
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2951.041,	113150
2967.22, 2981.12, 3101.051, 3107.083, 3109.15, 3111.04, 3111.72,	113151
3119.29, 3119.54, 3121.441, 3121.89, 3121.891, 3121.892, 3121.893,	113152
3121.898, 3123.958, 3125.18, 3125.36, 3301.07, 3301.0714,	113153
3301.0715, 3301.0723, 3301.15, 3302.01, 3302.03, 3302.22,	113154
3304.231, 3307.51, 3309.21, 3310.01, 3310.02, 3310.03, 3310.05,	113155
3310.06, 3310.08, 3310.56, 3311.0510, 3311.22, 3311.231, 3311.38,	113156
3311.78, 3312.08, 3313.372, 3313.376, 3313.42, 3313.48, 3313.483,	113157
3313.484, 3313.488, 3313.4810, 3313.533, 3313.539, 3313.603,	113158
3313.62, 3313.64, 3313.646, 3313.65, 3313.714, 3313.715, 3313.83,	113159
3313.841, 3313.843, 3313.845, 3313.847, 3313.88, 3313.978,	113160
3313.98, 3313.981, 3314.015, 3314.017, 3314.029, 3314.03, 3314.05,	113161
3314.072, 3314.074, 3314.08, 3314.083, 3314.084, 3314.087,	113162
3314.09, 3314.091, 3314.11, 3314.26, 3315.40, 3315.42, 3316.041,	113163
3316.06, 3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,	113164
3317.03, 3317.032, 3317.05, 3317.06, 3317.08, 3317.10, 3317.12,	113165
3317.14, 3317.141, 3317.18, 3317.19, 3317.20, 3317.50, 3317.51,	113166
3318.011, 3318.031, 3318.08, 3318.31, 3318.36, 3318.363, 3319.07,	113167
3319.073, 3319.17, 3319.22, 3319.235, 3319.57, 3321.01, 3321.05,	113168
3323.021, 3323.03, 3323.04, 3323.07, 3323.08, 3323.09, 3323.091,	113169
3323.13, 3323.14, 3323.141, 3323.142, 3326.11, 3326.20, 3326.31,	113170
3326.32, 3326.33, 3326.34, 3326.38, 3326.45, 3327.01, 3333.041,	113171
3333.82, 3335.35, 3335.36, 3335.37, 3335.38, 3345.05, 3345.12,	113172
3353.01, 3353.06, 3365.01, 3365.02, 3365.07, 3365.12, 3383.01,	113173
3383.07, 3501.01, 3599.45, 3701.023, 3701.024, 3701.027, 3701.13,	113174
3701.132, 3701.243, 3701.261, 3701.262, 3701.264, 3701.342,	113175
3701.344, 3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83,	113176
3701.881, 3701.921, 3701.922, 3701.99, 3702.51, 3702.521, 3702.55,	113177
3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01,	113178
3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.07,	113179
3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02, 3721.022,	113180
3721.024, 3721.027, 3721.042, 3721.071, 3721.08, 3721.10, 3721.12,	113181
3721.121, 3721.13, 3721.14, 3721.15, 3721.16, 3721.17, 3721.19,	113182
3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.52, 3721.53,	113183
3721.531, 3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56,	113184
3721.57, 3721.58, 3727.01, 3734.28, 3734.57, 3734.901, 3734.907,	113185
3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3742.30, 3742.31,	113186
3742.32, 3742.51, 3745.11, 3745.113, 3769.08, 3769.088, 3770.02,	113187
3770.06, 3772.03, 3772.062, 3772.091, 3781.112, 3793.01, 3793.031,	113188
3793.032, 3793.051, 3793.10, 3793.11, 3793.12, 3793.13, 3793.14,	113189
3793.15, 3793.16, 3793.18, 3793.22, 3793.31, 3793.32, 3793.33,	113190
3793.34, 3793.35, 3793.36, 3793.37, 3793.38, 3793.39, 3798.01,	113191
3901.3814, 3903.14, 3905.40, 3905.483, 3905.862, 3916.06, 3923.24,	113192
3923.241, 3923.281, 3923.443, 3923.49, 3923.50, 3923.601, 3923.83,	113193
3924.41, 3924.42, 3963.01, 3963.04, 4104.33, 4112.01, 4112.12,	113194
4112.31, 4115.034, 4115.32, 4117.06, 4117.14, 4117.15, 4121.50,	113195
4123.32, 4131.03, 4141.162, 4301.10, 4301.30, 4301.43, 4305.131,	113196
4501.21, 4503.62, 4506.07, 4507.03, 4507.06, 4507.51, 4510.038,	113197
4510.45, 4511.19, 4511.191, 4701.03, 4707.02, 4707.073, 4707.10,	113198
4709.11, 4715.36, 4715.372, 4717.03, 4717.06, 4717.07, 4717.10,	113199
4717.14, 4717.15, 4719.01, 4723.18, 4723.35, 4723.481, 4725.03,	113200
4725.16, 4729.51, 4729.54, 4729.69, 4729.80, 4729.81, 4729.99,	113201
4730.411, 4731.151, 4731.23, 4731.65, 4731.71, 4734.41, 4745.01,	113202
4751.01, 4751.02, 4751.03, 4751.04, 4751.041, 4751.05, 4751.06,	113203
4751.07, 4751.08, 4751.10, 4751.11, 4751.12, 4751.13, 4753.071,	113204
4755.481, 4758.10, 4758.11, 4761.01, 4906.20, 5101.01, 5101.11,	113205
5101.141, 5101.16, 5101.162, 5101.18, 5101.181, 5101.183,	113206
5101.184, 5101.26, 5101.271, 5101.272, 5101.273, 5101.30, 5101.31,	113207
5101.34, 5101.35, 5101.36, 5101.46, 5101.461, 5101.47, 5101.49,	113208
5101.50, 5101.501, 5101.502, 5101.51, 5101.511, 5101.512,	113209
5101.513, 5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,	113210
5101.521, 5101.522, 5101.524, 5101.527, 5101.571, 5101.572,	113211
5101.573, 5101.574, 5101.575, 5101.58, 5101.59, 5101.591, 5101.60,	113212
5101.61, 5101.80, 5101.801, 5103.02, 5103.0323, 5103.13, 5103.42,	113213
5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08, 5104.11,	113214
5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20, 5107.24,	113215
5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013, 5111.016,	113216
5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117, 5111.0118,	113217
5111.0119, 5111.02, 5111.021, 5111.022, 5111.023, 5111.024,	113218
5111.025, 5111.027, 5111.028, 5111.029, 5111.0210, 5111.0211,	113219
5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03, 5111.031,	113220
5111.032, 5111.033, 5111.034, 5111.035, 5111.04, 5111.042,	113221
5111.05, 5111.051, 5111.052, 5111.053, 5111.054, 5111.06,	113222
5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	113223
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	113224
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	113225
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	113226
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	113227
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	113228
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	113229
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	113230
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	113231
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	113232
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	113233
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	113234
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	113235
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	113236
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	113237
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	113238
5111.37, 5111.38, 5111.39, 5111.40, 5111.41, 5111.411, 5111.42,	113239
5111.43, 5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49,	113240
5111.50, 5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55,	113241
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62,	113242
5111.63, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	113243
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	113244
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	113245
5111.688, 5111.689, 5111.71, 5111.711, 5111.712, 5111.713,	113246
5111.714, 5111.715, 5111.84, 5111.85, 5111.851, 5111.852,	113247
5111.853, 5111.854, 5111.855, 5111.856, 5111.86, 5111.861,	113248
5111.862, 5111.863, 5111.864, 5111.865, 5111.87, 5111.871,	113249
5111.872, 5111.873, 5111.874, 5111.875, 5111.876, 5111.877,	113250
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.883,	113251
5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889,	113252
5111.8810, 5111.89, 5111.891, 5111.892, 5111.893, 5111.894,	113253
5111.90, 5111.91, 5111.911, 5111.912, 5111.914, 5111.915, 5111.92,	113254
5111.93, 5111.94, 5111.941, 5111.943, 5111.944, 5111.945, 5111.96,	113255
5111.97, 5111.98, 5111.981, 5111.982, 5111.99, 5112.01, 5112.03,	113256
5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10,	113257
5112.11, 5112.17, 5112.18, 5112.19, 5112.21, 5112.30, 5112.31,	113258
5112.32, 5112.33, 5112.331, 5112.34, 5112.341, 5112.35, 5112.37,	113259
5112.371, 5112.38, 5112.39, 5112.40, 5112.41, 5112.42, 5112.43,	113260
5112.44, 5112.45, 5112.46, 5112.47, 5112.48, 5112.99, 5112.991,	113261
5115.20, 5117.10, 5119.01, 5119.012, 5119.02, 5119.04, 5119.06,	113262
5119.061, 5119.07, 5119.071, 5119.072, 5119.08, 5119.10, 5119.101,	113263
5119.11, 5119.12, 5119.14, 5119.16, 5119.161, 5119.17, 5119.18,	113264
5119.20, 5119.201, 5119.202, 5119.21, 5119.22, 5119.221, 5119.23,	113265
5119.24, 5119.27, 5119.30, 5119.33, 5119.34, 5119.35, 5119.351,	113266
5119.36, 5119.42, 5119.43, 5119.44, 5119.46, 5119.51, 5119.52,	113267
5119.53, 5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613,	113268
5119.62, 5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691,	113269
5119.99, 5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652,	113270
5120.654, 5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35,	113271
5121.36, 5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44,	113272
5121.45, 5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52,	113273
5121.55, 5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13,	113274
5122.15, 5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23,	113275
5122.25, 5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32,	113276
5122.33, 5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45,	113277
5122.46, 5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	113278
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	113279
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.05,	113280
5126.051, 5126.054, 5126.055, 5126.24, 5139.03, 5139.04, 5139.08,	113281
5139.34, 5145.162, 5145.18, 5153.16, 5302.221, 5309.082, 5505.12,	113282
5507.46, 5511.03, 5701.13, 5703.052, 5703.059, 5703.21, 5703.37,	113283
5703.82, 5705.19, 5705.221, 5705.412, 5709.17, 5709.212, 5709.75,	113284
5725.18, 5726.20, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10,	113285
5729.03, 5731.39, 5733.01, 5733.06, 5733.11, 5733.98, 5735.01,	113286
5735.012, 5735.12, 5735.34, 5739.01, 5739.09, 5739.12, 5739.13,	113287
5741.01, 5741.12, 5741.17, 5743.081, 5743.15, 5743.56, 5745.12,	113288
5747.01, 5747.02, 5747.022, 5747.025, 5747.08, 5747.10, 5747.11,	113289
5747.113, 5747.122, 5747.13, 5747.21, 5747.47, 5747.501, 5747.98,	113290
5749.02, 5749.06, 5749.07, 5749.17, 5751.01, 5751.014, 5751.07,	113291
5751.081, 5751.09, 5751.20, 5751.21, 5753.01, 5753.03, 5753.07,	113292
5815.28, 5905.02, 5910.02, 5910.07, 5919.34, 5924.502, 5924.503,	113293
5924.504, 5924.506, 6109.21, and 6111.037 of the Revised Code are	113294
hereby repealed.	113295

Section 105.01. That sections 122.076, 122.15, 122.151,	113296
122.152, 122.153, 122.154, 122.29, 122.97, 123.23, 125.837,	113297
125.838, 166.22, 166.28, 173.425, 173.433, 183.28, 184.04,	113298
340.022, 340.033, 340.06, 340.14, 1321.461, 1513.371, 1531.34,	113299
1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 1547.726,	113300
3302.043, 3313.481, 3313.482, 3313.4811, 3314.088, 3314.13,	113301
3317.012, 3317.014, 3317.018, 3317.02, 3317.022, 3317.029,	113302
3317.0217, 3317.051, 3317.052, 3317.053, 3317.11, 3317.13,	113303
3317.16, 3317.62, 3317.63, 3317.64, 3318.023, 3323.16, 3326.39,	113304
3327.02, 3345.81, 3353.02, 3353.03, 3353.04, 3353.09, 3353.15,	113305
3353.20, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.08,	113306
3383.09, 3701.072, 3701.263, 3701.343, 3701.90, 3701.901,	113307
3701.902, 3701.903, 3701.904, 3701.905, 3701.906, 3701.907,	113308
3721.026, 3793.02, 3793.03, 3793.04, 3793.041, 3793.05, 3793.06,	113309
3793.061, 3793.08, 3793.09, 3793.19, 3793.20, 3793.21, 3793.99,	113310
5101.503, 5101.514, 5101.515, 5101.518, 5101.523, 5101.525,	113311
5101.526, 5101.528, 5101.529, 5111.012, 5111.014, 5111.015,	113312
5111.0110, 5111.0111, 5111.0113, 5111.0115, 5111.0120, 5111.0121,	113313
5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.176, 5111.211,	113314
5111.236, 5111.65, 5111.70, 5111.701, 5111.702, 5111.703,	113315
5111.704, 5111.705, 5111.706, 5111.707, 5111.708, 5111.709,	113316
5111.7011, 5111.83, 5111.8710, 5111.8811, 5111.913, 5111.942,	113317
5111.946, 5119.011, 5119.013, 5119.03, 5119.05, 5119.47, 5119.623,	113318
5119.64, 5119.65, 5119.66, 5119.67, 5119.68, 5707.05, 5727.41,	113319
5733.35, 5747.211, 5747.33, 6101.451, and 6111.029 of the Revised	113320
Code are hereby repealed.	113321

Section 110.10. That section 3313.88 of the Revised Code as	113322
it results from Section 101.01 of this act be amended and	113323
recodified as section 3313.482 of the Revised Code to read as	113324
follows:	113325

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	113326
August of each school year, the board of education of any school	113327
district or the governing authority of any chartered nonpublic	113328
school may submit to the department of education a plan to require	113329
students to access and complete classroom lessons posted on the	113330
district's or nonpublic school's web portal or web site in order	113331
to make up ~~days~~hours in that school year on which it is	113332
necessary to close schools for ~~any of the reasons specified in~~	113333
~~division (B) of section 3317.01 of the Revised Code in excess of~~	113334
~~the number of days permitted under sections 3313.48, 3313.481, and~~	113335
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	113336
conditions, law enforcement emergencies, inoperability of school	113337
buses or other equipment necessary to the school's operation,	113338
damage to a school building, or other temporary circumstances due	113339
to utility failure rendering the school building unfit for school	113340
use.	113341

Prior to the first day of August of each school year, the	113342
governing authority of any community school established under	113343
Chapter 3314. that is not an internet- or computer-based community	113344
school, as defined in section 3314.02 of the Revised Code, may	113345
submit to the department a plan to require students to access and	113346
complete classroom lessons posted on the school's web portal or	113347
web site in order to make up ~~days or~~ hours in that school year on	113348
which it is necessary to close the school for any of the reasons	113349
specified in division (H)(4) of section 3314.08 of the Revised	113350
Code so that the school is in compliance with the minimum number	113351
of hours required under Chapter 3314. of the Revised Code.	113352

A plan submitted by a school district board or, chartered	113353
nonpublic school governing authority ~~shall provide for making up~~	113354
~~any number of days, up to a maximum of three days. A plan~~	113355
~~submitted by a~~, or community school governing authority shall	113356
provide for making up any number of hours, up to a maximum of the	113357
number of hours that are the equivalent of three school days.	113358
Provided the plan meets all requirements of this section, the	113359
department shall permit the board or governing authority to	113360
implement the plan for the applicable school year.	113361

(2) Each plan submitted under this section by a school	113362
district board of education shall include the written consent of	113363
the teachers' employee representative designated under division	113364
(B) of section 4117.04 of the Revised Code.	113365

(3) Each plan submitted under this section shall provide for	113366
the following:	113367

(a) Not later than the first day of November of the school	113368
year, each classroom teacher shall develop a sufficient number of	113369
lessons for each course taught by the teacher that school year to	113370
cover the number of make-up ~~days or~~ hours specified in the plan.	113371
The teacher shall designate the order in which the lessons are to	113372
be posted on the district's, community school's, or nonpublic	113373
school's web portal or web site in the event of a school closure.	113374
Teachers may be granted up to one professional development day to	113375
create lesson plans for those lessons.	113376

(b) To the extent possible and necessary, a classroom teacher	113377
shall update or replace, based on current instructional progress,	113378
one or more of the lesson plans developed under division (A)(3)(a)	113379
of this section before they are posted on the web portal or web	113380
site under division (A)(3)(c) of this section or distributed under	113381
division (B) of this section.	113382

(c) As soon as practicable after a school closure, a district	113383
or school employee responsible for web portal or web site	113384
operations shall make the designated lessons available to students	113385
on the district's, community school's, or nonpublic school's	113386
portal or site. A lesson shall be posted for each course that was	113387
scheduled to meet on the day or hours of the closure.	113388

(d) Each student enrolled in a course for which a lesson is	113389
posted on the portal or site shall be granted a two-week period	113390
from the date of posting to complete the lesson. The student's	113391
classroom teacher shall grade the lesson in the same manner as	113392
other lessons. The student may receive an incomplete or failing	113393
grade if the lesson is not completed on time.	113394

(e) If a student does not have access to a computer at the	113395
student's residence and the plan does not include blizzard bags	113396
under division (B) of this section, the student shall be permitted	113397
to work on the posted lessons at school after the student's school	113398
reopens. If the lessons were posted prior to the reopening, the	113399
student shall be granted a two-week period from the date of the	113400
reopening, rather than from the date of posting as otherwise	113401
required under division (A)(3)(d) of this section, to complete the	113402
lessons. The district board or community school or nonpublic	113403
school governing authority may provide the student access to a	113404
computer before, during, or after the regularly scheduled school	113405
day or may provide a substantially similar paper lesson in order	113406
to complete the lessons.	113407

(B)(1) In addition to posting classroom lessons online under	113408
division (A) of this section, the board of education of any school	113409
district or governing authority of any community or chartered	113410
nonpublic school may include in the plan distribution of "blizzard	113411
bags," which are paper copies of the lessons posted online.	113412

(2) If a school opts to use blizzard bags, teachers shall	113413
prepare paper copies in conjunction with the lessons to be posted	113414
online and update the paper copies whenever the teacher updates	113415
the online lesson plans.	113416

(3) The board of education of any school district or	113417
governing authority of any community or chartered nonpublic school	113418
that opts to use blizzard bags shall specify in the plan the	113419
method of distribution of blizzard bag lessons, which may include,	113420
but not be limited to, requiring distribution by a specific	113421
deadline or requiring distribution prior to anticipated school	113422
closure as directed by the superintendent of a school district or	113423
the principal, director, chief administrative officer, or the	113424
equivalent, of a school.	113425

(4) Students shall turn in completed lessons in accordance	113426
with division (A)(3)(d) of this section.	113427

(C)(1) No school district that implements a plan in	113428
accordance with this section shall be considered to have failed to	113429
comply with division (B) of section 3317.01 of the Revised Code	113430
with respect to the number of make-up ~~days~~hours specified in the	113431
plan.	113432

(2) No community school that implements a plan in accordance	113433
with this section shall be considered to have failed to comply	113434
with the minimum number of hours required under Chapter 3314. of	113435
the Revised Code with respect to the number of make-up hours	113436
specified in the plan.	113437

Section 110.11. That existing section 3313.88 of the Revised	113438
Code is hereby repealed.	113439

Section 110.12. Sections 110.10 and 110.11 of this act shall	113440
take effect July 1, 2014.	113441

Section 110.20. That the versions of sections 109.57,	113442
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	113443
5104.32 of the Revised Code that are scheduled to take effect	113444
January 1, 2014, be amended to read as follows:	113445

Sec. 109.57. (A)(1) The superintendent of the bureau of	113446
criminal identification and investigation shall procure from	113447
wherever procurable and file for record photographs, pictures,	113448
descriptions, fingerprints, measurements, and other information	113449
that may be pertinent of all persons who have been convicted of	113450
committing within this state a felony, any crime constituting a	113451
misdemeanor on the first offense and a felony on subsequent	113452
offenses, or any misdemeanor described in division (A)(1)(a),	113453
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	113454
all children under eighteen years of age who have been adjudicated	113455
delinquent children for committing within this state an act that	113456
would be a felony or an offense of violence if committed by an	113457
adult or who have been convicted of or pleaded guilty to	113458
committing within this state a felony or an offense of violence,	113459
and of all well-known and habitual criminals. The person in charge	113460
of any county, multicounty, municipal, municipal-county, or	113461
multicounty-municipal jail or workhouse, community-based	113462
correctional facility, halfway house, alternative residential	113463
facility, or state correctional institution and the person in	113464
charge of any state institution having custody of a person	113465
suspected of having committed a felony, any crime constituting a	113466
misdemeanor on the first offense and a felony on subsequent	113467
offenses, or any misdemeanor described in division (A)(1)(a),	113468
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	113469
having custody of a child under eighteen years of age with respect	113470
to whom there is probable cause to believe that the child may have	113471
committed an act that would be a felony or an offense of violence	113472
if committed by an adult shall furnish such material to the	113473
superintendent of the bureau. Fingerprints, photographs, or other	113474
descriptive information of a child who is under eighteen years of	113475
age, has not been arrested or otherwise taken into custody for	113476
committing an act that would be a felony or an offense of violence	113477
who is not in any other category of child specified in this	113478
division, if committed by an adult, has not been adjudicated a	113479
delinquent child for committing an act that would be a felony or	113480
an offense of violence if committed by an adult, has not been	113481
convicted of or pleaded guilty to committing a felony or an	113482
offense of violence, and is not a child with respect to whom there	113483
is probable cause to believe that the child may have committed an	113484
act that would be a felony or an offense of violence if committed	113485
by an adult shall not be procured by the superintendent or	113486
furnished by any person in charge of any county, multicounty,	113487
municipal, municipal-county, or multicounty-municipal jail or	113488
workhouse, community-based correctional facility, halfway house,	113489
alternative residential facility, or state correctional	113490
institution, except as authorized in section 2151.313 of the	113491
Revised Code.	113492

(2) Every clerk of a court of record in this state, other	113493
than the supreme court or a court of appeals, shall send to the	113494
superintendent of the bureau a weekly report containing a summary	113495
of each case involving a felony, involving any crime constituting	113496
a misdemeanor on the first offense and a felony on subsequent	113497
offenses, involving a misdemeanor described in division (A)(1)(a),	113498
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	113499
involving an adjudication in a case in which a child under	113500
eighteen years of age was alleged to be a delinquent child for	113501
committing an act that would be a felony or an offense of violence	113502
if committed by an adult. The clerk of the court of common pleas	113503
shall include in the report and summary the clerk sends under this	113504
division all information described in divisions (A)(2)(a) to (f)	113505
of this section regarding a case before the court of appeals that	113506
is served by that clerk. The summary shall be written on the	113507
standard forms furnished by the superintendent pursuant to	113508
division (B) of this section and shall include the following	113509
information:	113510

(a) The incident tracking number contained on the standard	113511
forms furnished by the superintendent pursuant to division (B) of	113512
this section;	113513

(b) The style and number of the case;

113514

113515

(d) The date that the person was convicted of or pleaded	113516
guilty to the offense, adjudicated a delinquent child for	113517
committing the act that would be a felony or an offense of	113518
violence if committed by an adult, found not guilty of the	113519
offense, or found not to be a delinquent child for committing an	113520
act that would be a felony or an offense of violence if committed	113521
by an adult, the date of an entry dismissing the charge, an entry	113522
declaring a mistrial of the offense in which the person is	113523
discharged, an entry finding that the person or child is not	113524
competent to stand trial, or an entry of a nolle prosequi, or the	113525
date of any other determination that constitutes final resolution	113526
of the case;	113527

(e) A statement of the original charge with the section of	113528
the Revised Code that was alleged to be violated;	113529

(f) If the person or child was convicted, pleaded guilty, or	113530
was adjudicated a delinquent child, the sentence or terms of	113531
probation imposed or any other disposition of the offender or the	113532
delinquent child.	113533

If the offense involved the disarming of a law enforcement	113534
officer or an attempt to disarm a law enforcement officer, the	113535
clerk shall clearly state that fact in the summary, and the	113536
superintendent shall ensure that a clear statement of that fact is	113537
placed in the bureau's records.	113538

(3) The superintendent shall cooperate with and assist	113539
sheriffs, chiefs of police, and other law enforcement officers in	113540
the establishment of a complete system of criminal identification	113541
and in obtaining fingerprints and other means of identification of	113542
all persons arrested on a charge of a felony, any crime	113543
constituting a misdemeanor on the first offense and a felony on	113544
subsequent offenses, or a misdemeanor described in division	113545
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	113546
Revised Code and of all children under eighteen years of age	113547
arrested or otherwise taken into custody for committing an act	113548
that would be a felony or an offense of violence if committed by	113549
an adult. The superintendent also shall file for record the	113550
fingerprint impressions of all persons confined in a county,	113551
multicounty, municipal, municipal-county, or multicounty-municipal	113552
jail or workhouse, community-based correctional facility, halfway	113553
house, alternative residential facility, or state correctional	113554
institution for the violation of state laws and of all children	113555
under eighteen years of age who are confined in a county,	113556
multicounty, municipal, municipal-county, or multicounty-municipal	113557
jail or workhouse, community-based correctional facility, halfway	113558
house, alternative residential facility, or state correctional	113559
institution or in any facility for delinquent children for	113560
committing an act that would be a felony or an offense of violence	113561
if committed by an adult, and any other information that the	113562
superintendent may receive from law enforcement officials of the	113563
state and its political subdivisions.	113564

(4) The superintendent shall carry out Chapter 2950. of the	113565
Revised Code with respect to the registration of persons who are	113566
convicted of or plead guilty to a sexually oriented offense or a	113567
child-victim oriented offense and with respect to all other duties	113568
imposed on the bureau under that chapter.	113569

(5) The bureau shall perform centralized recordkeeping	113570
functions for criminal history records and services in this state	113571
for purposes of the national crime prevention and privacy compact	113572
set forth in section 109.571 of the Revised Code and is the	113573
criminal history record repository as defined in that section for	113574
purposes of that compact. The superintendent or the	113575
superintendent's designee is the compact officer for purposes of	113576
that compact and shall carry out the responsibilities of the	113577
compact officer specified in that compact.	113578

(B) The superintendent shall prepare and furnish to every	113579
county, multicounty, municipal, municipal-county, or	113580
multicounty-municipal jail or workhouse, community-based	113581
correctional facility, halfway house, alternative residential	113582
facility, or state correctional institution and to every clerk of	113583
a court in this state specified in division (A)(2) of this section	113584
standard forms for reporting the information required under	113585
division (A) of this section. The standard forms that the	113586
superintendent prepares pursuant to this division may be in a	113587
tangible format, in an electronic format, or in both tangible	113588
formats and electronic formats.	113589

(C)(1) The superintendent may operate a center for	113590
electronic, automated, or other data processing for the storage	113591
and retrieval of information, data, and statistics pertaining to	113592
criminals and to children under eighteen years of age who are	113593
adjudicated delinquent children for committing an act that would	113594
be a felony or an offense of violence if committed by an adult,	113595
criminal activity, crime prevention, law enforcement, and criminal	113596
justice, and may establish and operate a statewide communications	113597
network to be known as the Ohio law enforcement gateway to gather	113598
and disseminate information, data, and statistics for the use of	113599
law enforcement agencies and for other uses specified in this	113600
division. The superintendent may gather, store, retrieve, and	113601
disseminate information, data, and statistics that pertain to	113602
children who are under eighteen years of age and that are gathered	113603
pursuant to sections 109.57 to 109.61 of the Revised Code together	113604
with information, data, and statistics that pertain to adults and	113605
that are gathered pursuant to those sections.	113606

(2) The superintendent or the superintendent's designee shall	113607
gather information of the nature described in division (C)(1) of	113608
this section that pertains to the offense and delinquency history	113609
of a person who has been convicted of, pleaded guilty to, or been	113610
adjudicated a delinquent child for committing a sexually oriented	113611
offense or a child-victim oriented offense for inclusion in the	113612
state registry of sex offenders and child-victim offenders	113613
maintained pursuant to division (A)(1) of section 2950.13 of the	113614
Revised Code and in the internet database operated pursuant to	113615
division (A)(13) of that section and for possible inclusion in the	113616
internet database operated pursuant to division (A)(11) of that	113617
section.	113618

(3) In addition to any other authorized use of information,	113619
data, and statistics of the nature described in division (C)(1) of	113620
this section, the superintendent or the superintendent's designee	113621
may provide and exchange the information, data, and statistics	113622
pursuant to the national crime prevention and privacy compact as	113623
described in division (A)(5) of this section.	113624

(4) The attorney general may adopt rules under Chapter 119.	113625
of the Revised Code establishing guidelines for the operation of	113626
and participation in the Ohio law enforcement gateway. The rules	113627
may include criteria for granting and restricting access to	113628
information gathered and disseminated through the Ohio law	113629
enforcement gateway. The attorney general shall permit the state	113630
medical board and board of nursing to access and view, but not	113631
alter, information gathered and disseminated through the Ohio law	113632
enforcement gateway.	113633

The attorney general may appoint a steering committee to	113634
advise the attorney general in the operation of the Ohio law	113635
enforcement gateway that is comprised of persons who are	113636
representatives of the criminal justice agencies in this state	113637
that use the Ohio law enforcement gateway and is chaired by the	113638
superintendent or the superintendent's designee.	113639

(D)(1) The following are not public records under section	113640
149.43 of the Revised Code:	113641

(a) Information and materials furnished to the superintendent	113642
pursuant to division (A) of this section;	113643

(b) Information, data, and statistics gathered or	113644
disseminated through the Ohio law enforcement gateway pursuant to	113645
division (C)(1) of this section;	113646

(c) Information and materials furnished to any board or	113647
person under division (F) or (G) of this section.	113648

(2) The superintendent or the superintendent's designee shall	113649
gather and retain information so furnished under division (A) of	113650
this section that pertains to the offense and delinquency history	113651
of a person who has been convicted of, pleaded guilty to, or been	113652
adjudicated a delinquent child for committing a sexually oriented	113653
offense or a child-victim oriented offense for the purposes	113654
described in division (C)(2) of this section.	113655

(E)(1) The attorney general shall adopt rules, in accordance	113656
with Chapter 119. of the Revised Code and subject to division	113657
(E)(2) of this section, setting forth the procedure by which a	113658
person may receive or release information gathered by the	113659
superintendent pursuant to division (A) of this section. A	113660
reasonable fee may be charged for this service. If a temporary	113661
employment service submits a request for a determination of	113662
whether a person the service plans to refer to an employment	113663
position has been convicted of or pleaded guilty to an offense	113664
listed or described in division (A)(1), (2), or (3) of section	113665
109.572 of the Revised Code, the request shall be treated as a	113666
single request and only one fee shall be charged.	113667

(2) Except as otherwise provided in this division, a rule	113668
adopted under division (E)(1) of this section may provide only for	113669
the release of information gathered pursuant to division (A) of	113670
this section that relates to the conviction of a person, or a	113671
person's plea of guilty to, a criminal offense. The superintendent	113672
shall not release, and the attorney general shall not adopt any	113673
rule under division (E)(1) of this section that permits the	113674
release of, any information gathered pursuant to division (A) of	113675
this section that relates to an adjudication of a child as a	113676
delinquent child, or that relates to a criminal conviction of a	113677
person under eighteen years of age if the person's case was	113678
transferred back to a juvenile court under division (B)(2) or (3)	113679
of section 2152.121 of the Revised Code and the juvenile court	113680
imposed a disposition or serious youthful offender disposition	113681
upon the person under either division, unless either of the	113682
following applies with respect to the adjudication or conviction:	113683

(a) The adjudication or conviction was for a violation of	113684
section 2903.01 or 2903.02 of the Revised Code.	113685

(b) The adjudication or conviction was for a sexually	113686
oriented offense, the juvenile court was required to classify the	113687
child a juvenile offender registrant for that offense under	113688
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	113689
classification has not been removed.	113690

(F)(1) As used in division (F)(2) of this section, "head	113691
start agency" means an entity in this state that has been approved	113692
to be an agency for purposes of subchapter II of the "Community	113693
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	113694
as amended.	113695

(2)(a) In addition to or in conjunction with any request that	113696
is required to be made under section 109.572, 2151.86, 3301.32,	113697
3301.541, division (C) of section 3310.58, or section 3319.39,	113698
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	113699
5153.111 of the Revised Code or that is made under section	113700
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	113701
board of education of any school district; the director of	113702
developmental disabilities; any county board of developmental	113703
disabilities; any provider or subcontractor as defined in section	113704
5123.081 of the Revised Code; the chief administrator of any	113705
chartered nonpublic school; the chief administrator of a	113706
registered private provider that is not also a chartered nonpublic	113707
school; the chief administrator of any home health agency; the	113708
chief administrator of or person operating any child day-care	113709
center, type A family day-care home, or type B family day-care	113710
home licensed under Chapter 5104. of the Revised Code; the chief	113711
administrator of any head start agency; the executive director of	113712
a public children services agency; a private company described in	113713
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	113714
Code; or an employer described in division (J)(2) of section	113715
3327.10 of the Revised Code may request that the superintendent of	113716
the bureau investigate and determine, with respect to any	113717
individual who has applied for employment in any position after	113718
October 2, 1989, or any individual wishing to apply for employment	113719
with a board of education may request, with regard to the	113720
individual, whether the bureau has any information gathered under	113721
division (A) of this section that pertains to that individual. On	113722
receipt of the request, subject to division (E)(2) of this	113723
section, the superintendent shall determine whether that	113724
information exists and, upon request of the person, board, or	113725
entity requesting information, also shall request from the federal	113726
bureau of investigation any criminal records it has pertaining to	113727
that individual. The superintendent or the superintendent's	113728
designee also may request criminal history records from other	113729
states or the federal government pursuant to the national crime	113730
prevention and privacy compact set forth in section 109.571 of the	113731
Revised Code. Within thirty days of the date that the	113732
superintendent receives a request, subject to division (E)(2) of	113733
this section, the superintendent shall send to the board, entity,	113734
or person a report of any information that the superintendent	113735
determines exists, including information contained in records that	113736
have been sealed under section 2953.32 of the Revised Code, and,	113737
within thirty days of its receipt, subject to division (E)(2) of	113738
this section, shall send the board, entity, or person a report of	113739
any information received from the federal bureau of investigation,	113740
other than information the dissemination of which is prohibited by	113741
federal law.	113742

(b) When a board of education or a registered private	113743
provider is required to receive information under this section as	113744
a prerequisite to employment of an individual pursuant to division	113745
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	113746
may accept a certified copy of records that were issued by the	113747
bureau of criminal identification and investigation and that are	113748
presented by an individual applying for employment with the	113749
district in lieu of requesting that information itself. In such a	113750
case, the board shall accept the certified copy issued by the	113751
bureau in order to make a photocopy of it for that individual's	113752
employment application documents and shall return the certified	113753
copy to the individual. In a case of that nature, a district or	113754
provider only shall accept a certified copy of records of that	113755
nature within one year after the date of their issuance by the	113756
bureau.	113757

(c) Notwithstanding division (F)(2)(a) of this section, in	113758
the case of a request under section 3319.39, 3319.391, or 3327.10	113759
of the Revised Code only for criminal records maintained by the	113760
federal bureau of investigation, the superintendent shall not	113761
determine whether any information gathered under division (A) of	113762
this section exists on the person for whom the request is made.	113763

(3) The state board of education may request, with respect to	113764
any individual who has applied for employment after October 2,	113765
1989, in any position with the state board or the department of	113766
education, any information that a school district board of	113767
education is authorized to request under division (F)(2) of this	113768
section, and the superintendent of the bureau shall proceed as if	113769
the request has been received from a school district board of	113770
education under division (F)(2) of this section.	113771

(4) When the superintendent of the bureau receives a request	113772
for information under section 3319.291 of the Revised Code, the	113773
superintendent shall proceed as if the request has been received	113774
from a school district board of education and shall comply with	113775
divisions (F)(2)(a) and (c) of this section.	113776

(5) When a recipient of a classroom reading improvement grant	113777
paid under section 3301.86 of the Revised Code requests, with	113778
respect to any individual who applies to participate in providing	113779
any program or service funded in whole or in part by the grant,	113780
the information that a school district board of education is	113781
authorized to request under division (F)(2)(a) of this section,	113782
the superintendent of the bureau shall proceed as if the request	113783
has been received from a school district board of education under	113784
division (F)(2)(a) of this section.	113785

(G) In addition to or in conjunction with any request that is	113786
required to be made under section 3701.881, 3712.09, or 3721.121	113787
of the Revised Code with respect to an individual who has applied	113788
for employment in a position that involves providing direct care	113789
to an older adult or adult resident, the chief administrator of a	113790
home health agency, hospice care program, home licensed under	113791
Chapter 3721. of the Revised Code, or adult day-care program	113792
operated pursuant to rules adopted under section 3721.04 of the	113793
Revised Code may request that the superintendent of the bureau	113794
investigate and determine, with respect to any individual who has	113795
applied after January 27, 1997, for employment in a position that	113796
does not involve providing direct care to an older adult or adult	113797
resident, whether the bureau has any information gathered under	113798
division (A) of this section that pertains to that individual.	113799

In addition to or in conjunction with any request that is	113800
required to be made under section 173.27 of the Revised Code with	113801
respect to an individual who has applied for employment in a	113802
position that involves providing ~~ombudsperson~~ombudsman services	113803
to residents of long-term care facilities or recipients of	113804
community-based long-term care services, the state long-term care	113805
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	113806
of ~~health~~aging, a regional long-term care ombudsman program, or	113807
the designee of the ombudsman, director, or program may request	113808
that the superintendent investigate and determine, with respect to	113809
any individual who has applied for employment in a position that	113810
does not involve providing such ~~ombudsperson~~ombudsman services,	113811
whether the bureau has any information gathered under division (A)	113812
of this section that pertains to that applicant.	113813

In addition to or in conjunction with any request that is	113814
required to be made under section ~~173.394~~173.38 of the Revised	113815
Code with respect to an individual who has applied for employment	113816
in a direct-care position ~~that involves providing direct care to~~	113817
~~an individual~~, the chief administrator of a ~~community-based~~	113818
~~long-term care agency~~provider, as defined in section 173.39 of	113819
the Revised Code, may request that the superintendent investigate	113820
and determine, with respect to any individual who has applied for	113821
employment in a position that ~~does~~is not ~~involve providing direct~~	113822
~~care~~a direct-care position, whether the bureau has any	113823
information gathered under division (A) of this section that	113824
pertains to that applicant.	113825

In addition to or in conjunction with any request that is	113826
required to be made under section 3712.09 of the Revised Code with	113827
respect to an individual who has applied for employment in a	113828
position that involves providing direct care to a pediatric	113829
respite care patient, the chief administrator of a pediatric	113830
respite care program may request that the superintendent of the	113831
bureau investigate and determine, with respect to any individual	113832
who has applied for employment in a position that does not involve	113833
providing direct care to a pediatric respite care patient, whether	113834
the bureau has any information gathered under division (A) of this	113835
section that pertains to that individual.	113836

On receipt of a request under this division, the	113837
superintendent shall determine whether that information exists	113838
and, on request of the individual requesting information, shall	113839
also request from the federal bureau of investigation any criminal	113840
records it has pertaining to the applicant. The superintendent or	113841
the superintendent's designee also may request criminal history	113842
records from other states or the federal government pursuant to	113843
the national crime prevention and privacy compact set forth in	113844
section 109.571 of the Revised Code. Within thirty days of the	113845
date a request is received, subject to division (E)(2) of this	113846
section, the superintendent shall send to the requester a report	113847
of any information determined to exist, including information	113848
contained in records that have been sealed under section 2953.32	113849
of the Revised Code, and, within thirty days of its receipt, shall	113850
send the requester a report of any information received from the	113851
federal bureau of investigation, other than information the	113852
dissemination of which is prohibited by federal law.	113853

(H) Information obtained by a government entity or person	113854
under this section is confidential and shall not be released or	113855
disseminated.	113856

(I) The superintendent may charge a reasonable fee for	113857
providing information or criminal records under division (F)(2) or	113858
(G) of this section.	113859

(J) As used in this section:

113860

(1) "Pediatric respite care program" and "pediatric care	113861
patient" have the same meanings as in section 3712.01 of the	113862
Revised Code.	113863

(2) "Sexually oriented offense" and "child-victim oriented	113864
offense" have the same meanings as in section 2950.01 of the	113865
Revised Code.	113866

(3) "Registered private provider" means a nonpublic school or	113867
entity registered with the superintendent of public instruction	113868
under section 3310.41 of the Revised Code to participate in the	113869
autism scholarship program or section 3310.58 of the Revised Code	113870
to participate in the Jon Peterson special needs scholarship	113871
program.	113872

Sec. 2151.011. (A) As used in the Revised Code:

113873

(1) "Juvenile court" means whichever of the following is	113874
applicable that has jurisdiction under this chapter and Chapter	113875
2152. of the Revised Code:	113876

(a) The division of the court of common pleas specified in	113877
section 2101.022 or 2301.03 of the Revised Code as having	113878
jurisdiction under this chapter and Chapter 2152. of the Revised	113879
Code or as being the juvenile division or the juvenile division	113880
combined with one or more other divisions;	113881

(b) The juvenile court of Cuyahoga county or Hamilton county	113882
that is separately and independently created by section 2151.08 or	113883
Chapter 2153. of the Revised Code and that has jurisdiction under	113884
this chapter and Chapter 2152. of the Revised Code;	113885

(c) If division (A)(1)(a) or (b) of this section does not	113886
apply, the probate division of the court of common pleas.	113887

(2) "Juvenile judge" means a judge of a court having	113888
jurisdiction under this chapter.	113889

(3) "Private child placing agency" means any association, as	113890
defined in section 5103.02 of the Revised Code, that is certified	113891
under section 5103.03 of the Revised Code to accept temporary,	113892
permanent, or legal custody of children and place the children for	113893
either foster care or adoption.	113894

(4) "Private noncustodial agency" means any person,	113895
organization, association, or society certified by the department	113896
of job and family services that does not accept temporary or	113897
permanent legal custody of children, that is privately operated in	113898
this state, and that does one or more of the following:	113899

(a) Receives and cares for children for two or more	113900
consecutive weeks;	113901

(b) Participates in the placement of children in certified	113902
foster homes;	113903

(c) Provides adoption services in conjunction with a public	113904
children services agency or private child placing agency.	113905

(B) As used in this chapter:

113906

(1) "Adequate parental care" means the provision by a child's	113907
parent or parents, guardian, or custodian of adequate food,	113908
clothing, and shelter to ensure the child's health and physical	113909
safety and the provision by a child's parent or parents of	113910
specialized services warranted by the child's physical or mental	113911
needs.	113912

(2) "Adult" means an individual who is eighteen years of age	113913
or older.	113914

(3) "Agreement for temporary custody" means a voluntary	113915
agreement authorized by section 5103.15 of the Revised Code that	113916
transfers the temporary custody of a child to a public children	113917
services agency or a private child placing agency.	113918

(4) "Alternative response" means the public children services	113919
agency's response to a report of child abuse or neglect that	113920
engages the family in a comprehensive evaluation of child safety,	113921
risk of subsequent harm, and family strengths and needs and that	113922
does not include a determination as to whether child abuse or	113923
neglect occurred.	113924

(5) "Certified foster home" means a foster home, as defined	113925
in section 5103.02 of the Revised Code, certified under section	113926
5103.03 of the Revised Code.	113927

(6) "Child" means a person who is under eighteen years of	113928
age, except that the juvenile court has jurisdiction over any	113929
person who is adjudicated an unruly child prior to attaining	113930
eighteen years of age until the person attains twenty-one years of	113931
age, and, for purposes of that jurisdiction related to that	113932
adjudication, a person who is so adjudicated an unruly child shall	113933
be deemed a "child" until the person attains twenty-one years of	113934
age.	113935

(7) "Child day camp," "child care," "child day-care center,"	113936
"part-time child day-care center," "type A family day-care home,"	113937
"licensed type B family day-care home," "type B family day-care	113938
home," "administrator of a child day-care center," "administrator	113939
of a type A family day-care home," and "in-home aide" have the	113940
same meanings as in section 5104.01 of the Revised Code.	113941

(8) "Child care provider" means an individual who is a	113942
child-care staff member or administrator of a child day-care	113943
center, a type A family day-care home, or a type B family day-care	113944
home, or an in-home aide or an individual who is licensed, is	113945
regulated, is approved, operates under the direction of, or	113946
otherwise is certified by the department of job and family	113947
services, department of developmental disabilities, or the early	113948
childhood programs of the department of education.	113949

(9) "Chronic truant" has the same meaning as in section	113950
2152.02 of the Revised Code.	113951

(10) "Commit" means to vest custody as ordered by the court.

113952

(11) "Counseling" includes both of the following:

113953

(a) General counseling services performed by a public	113954
children services agency or shelter for victims of domestic	113955
violence to assist a child, a child's parents, and a child's	113956
siblings in alleviating identified problems that may cause or have	113957
caused the child to be an abused, neglected, or dependent child.	113958

(b) Psychiatric or psychological therapeutic counseling	113959
services provided to correct or alleviate any mental or emotional	113960
illness or disorder and performed by a licensed psychiatrist,	113961
licensed psychologist, or a person licensed under Chapter 4757. of	113962
the Revised Code to engage in social work or professional	113963
counseling.	113964

(12) "Custodian" means a person who has legal custody of a	113965
child or a public children services agency or private child	113966
placing agency that has permanent, temporary, or legal custody of	113967
a child.	113968

(13) "Delinquent child" has the same meaning as in section	113969
2152.02 of the Revised Code.	113970

(14) "Detention" means the temporary care of children pending	113971
court adjudication or disposition, or execution of a court order,	113972
in a public or private facility designed to physically restrict	113973
the movement and activities of children.	113974

(15) "Developmental disability" has the same meaning as in	113975
section 5123.01 of the Revised Code.	113976

(16) "Differential response approach" means an approach that	113977
a public children services agency may use to respond to accepted	113978
reports of child abuse or neglect with either an alternative	113979
response or a traditional response.	113980

(17) "Foster caregiver" has the same meaning as in section	113981
5103.02 of the Revised Code.	113982

(18) "Guardian" means a person, association, or corporation	113983
that is granted authority by a probate court pursuant to Chapter	113984
2111. of the Revised Code to exercise parental rights over a child	113985
to the extent provided in the court's order and subject to the	113986
residual parental rights of the child's parents.	113987

(19) "Habitual truant" means any child of compulsory school	113988
age who is absent without legitimate excuse for absence from the	113989
public school the child is supposed to attend for five or more	113990
consecutive school days, seven or more school days in one school	113991
month, or twelve or more school days in a school year.	113992

(20) "Juvenile traffic offender" has the same meaning as in	113993
section 2152.02 of the Revised Code.	113994

(21) "Legal custody" means a legal status that vests in the	113995
custodian the right to have physical care and control of the child	113996
and to determine where and with whom the child shall live, and the	113997
right and duty to protect, train, and discipline the child and to	113998
provide the child with food, shelter, education, and medical care,	113999
all subject to any residual parental rights, privileges, and	114000
responsibilities. An individual granted legal custody shall	114001
exercise the rights and responsibilities personally unless	114002
otherwise authorized by any section of the Revised Code or by the	114003
court.	114004

(22) A "legitimate excuse for absence from the public school	114005
the child is supposed to attend" includes, but is not limited to,	114006
any of the following:	114007

(a) The fact that the child in question has enrolled in and	114008
is attending another public or nonpublic school in this or another	114009
state;	114010

(b) The fact that the child in question is excused from	114011
attendance at school for any of the reasons specified in section	114012
3321.04 of the Revised Code;	114013

(c) The fact that the child in question has received an age	114014
and schooling certificate in accordance with section 3331.01 of	114015
the Revised Code.	114016

(23) "Mental illness" and "mentally ill person subject to	114017
hospitalization by court order" have the same meanings as in	114018
section 5122.01 of the Revised Code.	114019

(24) "Mental injury" means any behavioral, cognitive,	114020
emotional, or mental disorder in a child caused by an act or	114021
omission that is described in section 2919.22 of the Revised Code	114022
and is committed by the parent or other person responsible for the	114023
child's care.	114024

(25) "Mentally retarded person" has the same meaning as in	114025
section 5123.01 of the Revised Code.	114026

(26) "Nonsecure care, supervision, or training" means care,	114027
supervision, or training of a child in a facility that does not	114028
confine or prevent movement of the child within the facility or	114029
from the facility.	114030

(27) "Of compulsory school age" has the same meaning as in	114031
section 3321.01 of the Revised Code.	114032

(28) "Organization" means any institution, public,	114033
semipublic, or private, and any private association, society, or	114034
agency located or operating in the state, incorporated or	114035
unincorporated, having among its functions the furnishing of	114036
protective services or care for children, or the placement of	114037
children in certified foster homes or elsewhere.	114038

(29) "Out-of-home care" means detention facilities, shelter	114039
facilities, certified children's crisis care facilities, certified	114040
foster homes, placement in a prospective adoptive home prior to	114041
the issuance of a final decree of adoption, organizations,	114042
certified organizations, child day-care centers, type A family	114043
day-care homes, type B family day-care homes, child care provided	114044
by in-home aides, group home providers, group homes, institutions,	114045
state institutions, residential facilities, residential care	114046
facilities, residential camps, day camps, public schools,	114047
chartered nonpublic schools, educational service centers,	114048
hospitals, and medical clinics that are responsible for the care,	114049
physical custody, or control of children.	114050

(30) "Out-of-home care child abuse" means any of the	114051
following when committed by a person responsible for the care of a	114052
child in out-of-home care:	114053

(a) Engaging in sexual activity with a child in the person's	114054
care;	114055

(b) Denial to a child, as a means of punishment, of proper or	114056
necessary subsistence, education, medical care, or other care	114057
necessary for a child's health;	114058

(c) Use of restraint procedures on a child that cause injury	114059
or pain;	114060

(d) Administration of prescription drugs or psychotropic	114061
medication to the child without the written approval and ongoing	114062
supervision of a licensed physician;	114063

(e) Commission of any act, other than by accidental means,	114064
that results in any injury to or death of the child in out-of-home	114065
care or commission of any act by accidental means that results in	114066
an injury to or death of a child in out-of-home care and that is	114067
at variance with the history given of the injury or death.	114068

(31) "Out-of-home care child neglect" means any of the	114069
following when committed by a person responsible for the care of a	114070
child in out-of-home care:	114071

(a) Failure to provide reasonable supervision according to	114072
the standards of care appropriate to the age, mental and physical	114073
condition, or other special needs of the child;	114074

(b) Failure to provide reasonable supervision according to	114075
the standards of care appropriate to the age, mental and physical	114076
condition, or other special needs of the child, that results in	114077
sexual or physical abuse of the child by any person;	114078

114079

(i) Administration of prescription drugs or psychotropic	114080
drugs for the child;	114081

(ii) Assuring that the instructions of the licensed physician	114082
who prescribed a drug for the child are followed;	114083

(iii) Reporting to the licensed physician who prescribed the	114084
drug all unfavorable or dangerous side effects from the use of the	114085
drug.	114086

(d) Failure to provide proper or necessary subsistence,	114087
education, medical care, or other individualized care necessary	114088
for the health or well-being of the child;	114089

(e) Confinement of the child to a locked room without	114090
monitoring by staff;	114091

(f) Failure to provide ongoing security for all prescription	114092
and nonprescription medication;	114093

(g) Isolation of a child for a period of time when there is	114094
substantial risk that the isolation, if continued, will impair or	114095
retard the mental health or physical well-being of the child.	114096

(32) "Permanent custody" means a legal status that vests in a	114097
public children services agency or a private child placing agency,	114098
all parental rights, duties, and obligations, including the right	114099
to consent to adoption, and divests the natural parents or	114100
adoptive parents of all parental rights, privileges, and	114101
obligations, including all residual rights and obligations.	114102

(33) "Permanent surrender" means the act of the parents or,	114103
if a child has only one parent, of the parent of a child, by a	114104
voluntary agreement authorized by section 5103.15 of the Revised	114105
Code, to transfer the permanent custody of the child to a public	114106
children services agency or a private child placing agency.	114107

(34) "Person" means an individual, association, corporation,	114108
or partnership and the state or any of its political subdivisions,	114109
departments, or agencies.	114110

(35) "Person responsible for a child's care in out-of-home	114111
care" means any of the following:	114112

(a) Any foster caregiver, in-home aide, or provider;

114113

(b) Any administrator, employee, or agent of any of the	114114
following: a public or private detention facility; shelter	114115
facility; certified children's crisis care facility; organization;	114116
certified organization; child day-care center; type A family	114117
day-care home; licensed type B family day-care home; group home;	114118
institution; state institution; residential facility; residential	114119
care facility; residential camp; day camp; school district;	114120
community school; chartered nonpublic school; educational service	114121
center; hospital; or medical clinic;	114122

(c) Any person who supervises or coaches children as part of	114123
an extracurricular activity sponsored by a school district, public	114124
school, or chartered nonpublic school;	114125

(d) Any other person who performs a similar function with	114126
respect to, or has a similar relationship to, children.	114127

(36) "Physically impaired" means having one or more of the	114128
following conditions that substantially limit one or more of an	114129
individual's major life activities, including self-care, receptive	114130
and expressive language, learning, mobility, and self-direction:	114131

(a) A substantial impairment of vision, speech, or hearing;

114132

(b) A congenital orthopedic impairment;

114133

(c) An orthopedic impairment caused by disease, rheumatic	114134
fever or any other similar chronic or acute health problem, or	114135
amputation or another similar cause.	114136

(37) "Placement for adoption" means the arrangement by a	114137
public children services agency or a private child placing agency	114138
with a person for the care and adoption by that person of a child	114139
of whom the agency has permanent custody.	114140

(38) "Placement in foster care" means the arrangement by a	114141
public children services agency or a private child placing agency	114142
for the out-of-home care of a child of whom the agency has	114143
temporary custody or permanent custody.	114144

(39) "Planned permanent living arrangement" means an order of	114145
a juvenile court pursuant to which both of the following apply:	114146

(a) The court gives legal custody of a child to a public	114147
children services agency or a private child placing agency without	114148
the termination of parental rights.	114149

(b) The order permits the agency to make an appropriate	114150
placement of the child and to enter into a written agreement with	114151
a foster care provider or with another person or agency with whom	114152
the child is placed.	114153

(40) "Practice of social work" and "practice of professional	114154
counseling" have the same meanings as in section 4757.01 of the	114155
Revised Code.	114156

(41) "Sanction, service, or condition" means a sanction,	114157
service, or condition created by court order following an	114158
adjudication that a child is an unruly child that is described in	114159
division (A)(4) of section 2152.19 of the Revised Code.	114160

(42) "Protective supervision" means an order of disposition	114161
pursuant to which the court permits an abused, neglected,	114162
dependent, or unruly child to remain in the custody of the child's	114163
parents, guardian, or custodian and stay in the child's home,	114164
subject to any conditions and limitations upon the child, the	114165
child's parents, guardian, or custodian, or any other person that	114166
the court prescribes, including supervision as directed by the	114167
court for the protection of the child.	114168

(43) "Psychiatrist" has the same meaning as in section	114169
5122.01 of the Revised Code.	114170

(44) "Psychologist" has the same meaning as in section	114171
4732.01 of the Revised Code.	114172

(45) "Residential camp" means a program in which the care,	114173
physical custody, or control of children is accepted overnight for	114174
recreational or recreational and educational purposes.	114175

(46) "Residential care facility" means an institution,	114176
residence, or facility that is licensed by the department of	114177
~~mental health~~mental health and addiction services under section	114178
~~5119.22~~5119.34 of the Revised Code and that provides care for a	114179
child.	114180

(47) "Residential facility" means a home or facility that is	114181
licensed by the department of developmental disabilities under	114182
section 5123.19 of the Revised Code and in which a child with a	114183
developmental disability resides.	114184

(48) "Residual parental rights, privileges, and	114185
responsibilities" means those rights, privileges, and	114186
responsibilities remaining with the natural parent after the	114187
transfer of legal custody of the child, including, but not	114188
necessarily limited to, the privilege of reasonable visitation,	114189
consent to adoption, the privilege to determine the child's	114190
religious affiliation, and the responsibility for support.	114191

(49) "School day" means the school day established by the	114192
~~state~~ board of education of the applicable school district	114193
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	114194

(50) "School ~~month" and "school~~ year" ~~have~~has the same	114195
~~meanings~~meaning as in section 3313.62 of the Revised Code.	114196

(51) "Secure correctional facility" means a facility under	114197
the direction of the department of youth services that is designed	114198
to physically restrict the movement and activities of children and	114199
used for the placement of children after adjudication and	114200
disposition.	114201

(52) "Sexual activity" has the same meaning as in section	114202
2907.01 of the Revised Code.	114203

(53) "Shelter" means the temporary care of children in	114204
physically unrestricted facilities pending court adjudication or	114205
disposition.	114206

(54) "Shelter for victims of domestic violence" has the same	114207
meaning as in section 3113.33 of the Revised Code.	114208

(55) "Temporary custody" means legal custody of a child who	114209
is removed from the child's home, which custody may be terminated	114210
at any time at the discretion of the court or, if the legal	114211
custody is granted in an agreement for temporary custody, by the	114212
person who executed the agreement.	114213

(56) "Traditional response" means a public children services	114214
agency's response to a report of child abuse or neglect that	114215
encourages engagement of the family in a comprehensive evaluation	114216
of the child's current and future safety needs and a fact-finding	114217
process to determine whether child abuse or neglect occurred and	114218
the circumstances surrounding the alleged harm or risk of harm.	114219

(C) For the purposes of this chapter, a child shall be	114220
presumed abandoned when the parents of the child have failed to	114221
visit or maintain contact with the child for more than ninety	114222
days, regardless of whether the parents resume contact with the	114223
child after that period of ninety days.	114224

Sec. 2923.126. (A) A concealed handgun license that is	114225
issued under section 2923.125 of the Revised Code shall expire	114226
five years after the date of issuance. A licensee who has been	114227
issued a license under that section shall be granted a grace	114228
period of thirty days after the licensee's license expires during	114229
which the licensee's license remains valid. Except as provided in	114230
divisions (B) and (C) of this section, a licensee who has been	114231
issued a concealed handgun license under section 2923.125 or	114232
2923.1213 of the Revised Code may carry a concealed handgun	114233
anywhere in this state if the licensee also carries a valid	114234
license and valid identification when the licensee is in actual	114235
possession of a concealed handgun. The licensee shall give notice	114236
of any change in the licensee's residence address to the sheriff	114237
who issued the license within forty-five days after that change.	114238

If a licensee is the driver or an occupant of a motor vehicle	114239
that is stopped as the result of a traffic stop or a stop for	114240
another law enforcement purpose and if the licensee is	114241
transporting or has a loaded handgun in the motor vehicle at that	114242
time, the licensee shall promptly inform any law enforcement	114243
officer who approaches the vehicle while stopped that the licensee	114244
has been issued a concealed handgun license and that the licensee	114245
currently possesses or has a loaded handgun; the licensee shall	114246
not knowingly disregard or fail to comply with lawful orders of a	114247
law enforcement officer given while the motor vehicle is stopped,	114248
knowingly fail to remain in the motor vehicle while stopped, or	114249
knowingly fail to keep the licensee's hands in plain sight after	114250
any law enforcement officer begins approaching the licensee while	114251
stopped and before the officer leaves, unless directed otherwise	114252
by a law enforcement officer; and the licensee shall not knowingly	114253
have contact with the loaded handgun by touching it with the	114254
licensee's hands or fingers, in any manner in violation of	114255
division (E) of section 2923.16 of the Revised Code, after any law	114256
enforcement officer begins approaching the licensee while stopped	114257
and before the officer leaves. Additionally, if a licensee is the	114258
driver or an occupant of a commercial motor vehicle that is	114259
stopped by an employee of the motor carrier enforcement unit for	114260
the purposes defined in section 5503.04 of the Revised Code and if	114261
the licensee is transporting or has a loaded handgun in the	114262
commercial motor vehicle at that time, the licensee shall promptly	114263
inform the employee of the unit who approaches the vehicle while	114264
stopped that the licensee has been issued a concealed handgun	114265
license and that the licensee currently possesses or has a loaded	114266
handgun.	114267

If a licensee is stopped for a law enforcement purpose and if	114268
the licensee is carrying a concealed handgun at the time the	114269
officer approaches, the licensee shall promptly inform any law	114270
enforcement officer who approaches the licensee while stopped that	114271
the licensee has been issued a concealed handgun license and that	114272
the licensee currently is carrying a concealed handgun; the	114273
licensee shall not knowingly disregard or fail to comply with	114274
lawful orders of a law enforcement officer given while the	114275
licensee is stopped or knowingly fail to keep the licensee's hands	114276
in plain sight after any law enforcement officer begins	114277
approaching the licensee while stopped and before the officer	114278
leaves, unless directed otherwise by a law enforcement officer;	114279
and the licensee shall not knowingly remove, attempt to remove,	114280
grasp, or hold the loaded handgun or knowingly have contact with	114281
the loaded handgun by touching it with the licensee's hands or	114282
fingers, in any manner in violation of division (B) of section	114283
2923.12 of the Revised Code, after any law enforcement officer	114284
begins approaching the licensee while stopped and before the	114285
officer leaves.	114286

(B) A valid concealed handgun license does not authorize the	114287
licensee to carry a concealed handgun in any manner prohibited	114288
under division (B) of section 2923.12 of the Revised Code or in	114289
any manner prohibited under section 2923.16 of the Revised Code. A	114290
valid license does not authorize the licensee to carry a concealed	114291
handgun into any of the following places:	114292

(1) A police station, sheriff's office, or state highway	114293
patrol station, premises controlled by the bureau of criminal	114294
identification and investigation, a state correctional	114295
institution, jail, workhouse, or other detention facility, an	114296
airport passenger terminal, or an institution that is maintained,	114297
operated, managed, and governed pursuant to division (A) of	114298
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	114299
section 5123.03 of the Revised Code;	114300

(2) A school safety zone if the licensee's carrying the	114301
concealed handgun is in violation of section 2923.122 of the	114302
Revised Code;	114303

(3) A courthouse or another building or structure in which a	114304
courtroom is located, in violation of section 2923.123 of the	114305
Revised Code;	114306

(4) Any premises or open air arena for which a D permit has	114307
been issued under Chapter 4303. of the Revised Code if the	114308
licensee's carrying the concealed handgun is in violation of	114309
section 2923.121 of the Revised Code;	114310

(5) Any premises owned or leased by any public or private	114311
college, university, or other institution of higher education,	114312
unless the handgun is in a locked motor vehicle or the licensee is	114313
in the immediate process of placing the handgun in a locked motor	114314
vehicle;	114315

(6) Any church, synagogue, mosque, or other place of worship,	114316
unless the church, synagogue, mosque, or other place of worship	114317
posts or permits otherwise;	114318

(7) A child day-care center, a type A family day-care home,	114319
or a type B family day-care home, except that this division does	114320
not prohibit a licensee who resides in a type A family day-care	114321
home or a type B family day-care home from carrying a concealed	114322
handgun at any time in any part of the home that is not dedicated	114323
or used for day-care purposes, or from carrying a concealed	114324
handgun in a part of the home that is dedicated or used for	114325
day-care purposes at any time during which no children, other than	114326
children of that licensee, are in the home;	114327

(8) An aircraft that is in, or intended for operation in,	114328
foreign air transportation, interstate air transportation,	114329
intrastate air transportation, or the transportation of mail by	114330
aircraft;	114331

(9) Any building that is a government facility of this state	114332
or a political subdivision of this state and that is not a	114333
building that is used primarily as a shelter, restroom, parking	114334
facility for motor vehicles, or rest facility and is not a	114335
courthouse or other building or structure in which a courtroom is	114336
located that is subject to division (B)(3) of this section;	114337

(10) A place in which federal law prohibits the carrying of	114338
handguns.	114339

(C)(1) Nothing in this section shall negate or restrict a	114340
rule, policy, or practice of a private employer that is not a	114341
private college, university, or other institution of higher	114342
education concerning or prohibiting the presence of firearms on	114343
the private employer's premises or property, including motor	114344
vehicles owned by the private employer. Nothing in this section	114345
shall require a private employer of that nature to adopt a rule,	114346
policy, or practice concerning or prohibiting the presence of	114347
firearms on the private employer's premises or property, including	114348
motor vehicles owned by the private employer.	114349

(2)(a) A private employer shall be immune from liability in a	114350
civil action for any injury, death, or loss to person or property	114351
that allegedly was caused by or related to a licensee bringing a	114352
handgun onto the premises or property of the private employer,	114353
including motor vehicles owned by the private employer, unless the	114354
private employer acted with malicious purpose. A private employer	114355
is immune from liability in a civil action for any injury, death,	114356
or loss to person or property that allegedly was caused by or	114357
related to the private employer's decision to permit a licensee to	114358
bring, or prohibit a licensee from bringing, a handgun onto the	114359
premises or property of the private employer. As used in this	114360
division, "private employer" includes a private college,	114361
university, or other institution of higher education.	114362

(b) A political subdivision shall be immune from liability in	114363
a civil action, to the extent and in the manner provided in	114364
Chapter 2744. of the Revised Code, for any injury, death, or loss	114365
to person or property that allegedly was caused by or related to a	114366
licensee bringing a handgun onto any premises or property owned,	114367
leased, or otherwise under the control of the political	114368
subdivision. As used in this division, "political subdivision" has	114369
the same meaning as in section 2744.01 of the Revised Code.	114370

(3)(a) Except as provided in division (C)(3)(b) of this	114371
section, the owner or person in control of private land or	114372
premises, and a private person or entity leasing land or premises	114373
owned by the state, the United States, or a political subdivision	114374
of the state or the United States, may post a sign in a	114375
conspicuous location on that land or on those premises prohibiting	114376
persons from carrying firearms or concealed firearms on or onto	114377
that land or those premises. Except as otherwise provided in this	114378
division, a person who knowingly violates a posted prohibition of	114379
that nature is guilty of criminal trespass in violation of	114380
division (A)(4) of section 2911.21 of the Revised Code and is	114381
guilty of a misdemeanor of the fourth degree. If a person	114382
knowingly violates a posted prohibition of that nature and the	114383
posted land or premises primarily was a parking lot or other	114384
parking facility, the person is not guilty of criminal trespass in	114385
violation of division (A)(4) of section 2911.21 of the Revised	114386
Code and instead is subject only to a civil cause of action for	114387
trespass based on the violation.	114388

(b) A landlord may not prohibit or restrict a tenant who is a	114389
licensee and who on or after September 9, 2008, enters into a	114390
rental agreement with the landlord for the use of residential	114391
premises, and the tenant's guest while the tenant is present, from	114392
lawfully carrying or possessing a handgun on those residential	114393
premises.	114394

114395

(i) "Residential premises" has the same meaning as in section	114396
5321.01 of the Revised Code, except "residential premises" does	114397
not include a dwelling unit that is owned or operated by a college	114398
or university.	114399

(ii) "Landlord," "tenant," and "rental agreement" have the	114400
same meanings as in section 5321.01 of the Revised Code.	114401

(D) A person who holds a concealed handgun license issued by	114402
another state that is recognized by the attorney general pursuant	114403
to a reciprocity agreement entered into pursuant to section 109.69	114404
of the Revised Code has the same right to carry a concealed	114405
handgun in this state as a person who was issued a concealed	114406
handgun license under section 2923.125 of the Revised Code and is	114407
subject to the same restrictions that apply to a person who	114408
carries a license issued under that section.	114409

(E) A peace officer has the same right to carry a concealed	114410
handgun in this state as a person who was issued a concealed	114411
handgun license under section 2923.125 of the Revised Code. For	114412
purposes of reciprocity with other states, a peace officer shall	114413
be considered to be a licensee in this state.	114414

(F)(1) A qualified retired peace officer who possesses a	114415
retired peace officer identification card issued pursuant to	114416
division (F)(2) of this section and a valid firearms	114417
requalification certification issued pursuant to division (F)(3)	114418
of this section has the same right to carry a concealed handgun in	114419
this state as a person who was issued a concealed handgun license	114420
under section 2923.125 of the Revised Code and is subject to the	114421
same restrictions that apply to a person who carries a license	114422
issued under that section. For purposes of reciprocity with other	114423
states, a qualified retired peace officer who possesses a retired	114424
peace officer identification card issued pursuant to division	114425
(F)(2) of this section and a valid firearms requalification	114426
certification issued pursuant to division (F)(3) of this section	114427
shall be considered to be a licensee in this state.	114428

(2)(a) Each public agency of this state or of a political	114429
subdivision of this state that is served by one or more peace	114430
officers shall issue a retired peace officer identification card	114431
to any person who retired from service as a peace officer with	114432
that agency, if the issuance is in accordance with the agency's	114433
policies and procedures and if the person, with respect to the	114434
person's service with that agency, satisfies all of the following:	114435

(i) The person retired in good standing from service as a	114436
peace officer with the public agency, and the retirement was not	114437
for reasons of mental instability.	114438

(ii) Before retiring from service as a peace officer with	114439
that agency, the person was authorized to engage in or supervise	114440
the prevention, detection, investigation, or prosecution of, or	114441
the incarceration of any person for, any violation of law and the	114442
person had statutory powers of arrest.	114443

(iii) At the time of the person's retirement as a peace	114444
officer with that agency, the person was trained and qualified to	114445
carry firearms in the performance of the peace officer's duties.	114446

(iv) Before retiring from service as a peace officer with	114447
that agency, the person was regularly employed as a peace officer	114448
for an aggregate of fifteen years or more, or, in the alternative,	114449
the person retired from service as a peace officer with that	114450
agency, after completing any applicable probationary period of	114451
that service, due to a service-connected disability, as determined	114452
by the agency.	114453

(b) A retired peace officer identification card issued to a	114454
person under division (F)(2)(a) of this section shall identify the	114455
person by name, contain a photograph of the person, identify the	114456
public agency of this state or of the political subdivision of	114457
this state from which the person retired as a peace officer and	114458
that is issuing the identification card, and specify that the	114459
person retired in good standing from service as a peace officer	114460
with the issuing public agency and satisfies the criteria set	114461
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	114462
addition to the required content specified in this division, a	114463
retired peace officer identification card issued to a person under	114464
division (F)(2)(a) of this section may include the firearms	114465
requalification certification described in division (F)(3) of this	114466
section, and if the identification card includes that	114467
certification, the identification card shall serve as the firearms	114468
requalification certification for the retired peace officer. If	114469
the issuing public agency issues credentials to active law	114470
enforcement officers who serve the agency, the agency may comply	114471
with division (F)(2)(a) of this section by issuing the same	114472
credentials to persons who retired from service as a peace officer	114473
with the agency and who satisfy the criteria set forth in	114474
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	114475
credentials so issued to retired peace officers are stamped with	114476
the word "RETIRED."	114477

(c) A public agency of this state or of a political	114478
subdivision of this state may charge persons who retired from	114479
service as a peace officer with the agency a reasonable fee for	114480
issuing to the person a retired peace officer identification card	114481
pursuant to division (F)(2)(a) of this section.	114482

(3) If a person retired from service as a peace officer with	114483
a public agency of this state or of a political subdivision of	114484
this state and the person satisfies the criteria set forth in	114485
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	114486
may provide the retired peace officer with the opportunity to	114487
attend a firearms requalification program that is approved for	114488
purposes of firearms requalification required under section	114489
109.801 of the Revised Code. The retired peace officer may be	114490
required to pay the cost of the course.	114491

If a retired peace officer who satisfies the criteria set	114492
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	114493
firearms requalification program that is approved for purposes of	114494
firearms requalification required under section 109.801 of the	114495
Revised Code, the retired peace officer's successful completion of	114496
the firearms requalification program requalifies the retired peace	114497
officer for purposes of division (F) of this section for five	114498
years from the date on which the program was successfully	114499
completed, and the requalification is valid during that five-year	114500
period. If a retired peace officer who satisfies the criteria set	114501
forth in divisions (F)(2)(a)(i) to (iv) of this section	114502
satisfactorily completes such a firearms requalification program,	114503
the retired peace officer shall be issued a firearms	114504
requalification certification that identifies the retired peace	114505
officer by name, identifies the entity that taught the program,	114506
specifies that the retired peace officer successfully completed	114507
the program, specifies the date on which the course was	114508
successfully completed, and specifies that the requalification is	114509
valid for five years from that date of successful completion. The	114510
firearms requalification certification for a retired peace officer	114511
may be included in the retired peace officer identification card	114512
issued to the retired peace officer under division (F)(2) of this	114513
section.	114514

A retired peace officer who attends a firearms	114515
requalification program that is approved for purposes of firearms	114516
requalification required under section 109.801 of the Revised Code	114517
may be required to pay the cost of the program.	114518

(G) As used in this section:

114519

(1) "Qualified retired peace officer" means a person who	114520
satisfies all of the following:	114521

(a) The person satisfies the criteria set forth in divisions	114522
(F)(2)(a)(i) to (v) of this section.	114523

(b) The person is not under the influence of alcohol or	114524
another intoxicating or hallucinatory drug or substance.	114525

(c) The person is not prohibited by federal law from	114526
receiving firearms.	114527

(2) "Retired peace officer identification card" means an	114528
identification card that is issued pursuant to division (F)(2) of	114529
this section to a person who is a retired peace officer.	114530

(3) "Government facility of this state or a political	114531
subdivision of this state" means any of the following:	114532

(a) A building or part of a building that is owned or leased	114533
by the government of this state or a political subdivision of this	114534
state and where employees of the government of this state or the	114535
political subdivision regularly are present for the purpose of	114536
performing their official duties as employees of the state or	114537
political subdivision;	114538

(b) The office of a deputy registrar serving pursuant to	114539
Chapter 4503. of the Revised Code that is used to perform deputy	114540
registrar functions.	114541

Sec. 5104.012. (A)(1) At the times specified in this	114542
division, the administrator of a child day-care center or a type A	114543
family day-care home shall request the superintendent of the	114544
bureau of criminal identification and investigation to conduct a	114545
criminal records check with respect to any applicant who has	114546
applied to the center or type A home for employment as a person	114547
responsible for the care, custody, or control of a child.	114548

The administrator shall request a criminal records check	114549
pursuant to this division at the time of the applicant's initial	114550
application for employment and every ~~four~~five years thereafter.	114551
When the administrator requests pursuant to this division a	114552
criminal records check for an applicant at the time of the	114553
applicant's initial application for employment, the administrator	114554
shall request that the superintendent obtain information from the	114555
federal bureau of investigation as a part of the criminal records	114556
check for the applicant, including fingerprint-based checks of	114557
national crime information databases as described in 42 U.S.C.	114558
671, for the person subject to the criminal records check. In all	114559
other cases in which the administrator requests a criminal records	114560
check for an applicant pursuant to this division, the	114561
administrator may request that the superintendent include	114562
information from the federal bureau of investigation in the	114563
criminal records check, including fingerprint-based checks of	114564
national crime information databases as described in 42 U.S.C.	114565
671.	114566

(2) A person required by division (A)(1) of this section to	114567
request a criminal records check shall provide to each applicant a	114568
copy of the form prescribed pursuant to division (C)(1) of section	114569
109.572 of the Revised Code, provide to each applicant a standard	114570
impression sheet to obtain fingerprint impressions prescribed	114571
pursuant to division (C)(2) of section 109.572 of the Revised	114572
Code, obtain the completed form and impression sheet from each	114573
applicant, and forward the completed form and impression sheet to	114574
the superintendent of the bureau of criminal identification and	114575
investigation at the time the person requests a criminal records	114576
check pursuant to division (A)(1) of this section. On and after	114577
August 14, 2008, the administrator of a child day-care center or a	114578
type A family day-care home shall review the results of the	114579
criminal records check before the applicant has sole	114580
responsibility for the care, custody, or control of any child.	114581

(3) An applicant who receives pursuant to division (A)(2) of	114582
this section a copy of the form prescribed pursuant to division	114583
(C)(1) of section 109.572 of the Revised Code and a copy of an	114584
impression sheet prescribed pursuant to division (C)(2) of that	114585
section and who is requested to complete the form and provide a	114586
set of fingerprint impressions shall complete the form or provide	114587
all the information necessary to complete the form and shall	114588
provide the impression sheet with the impressions of the	114589
applicant's fingerprints. If an applicant, upon request, fails to	114590
provide the information necessary to complete the form or fails to	114591
provide impressions of the applicant's fingerprints, the center or	114592
type A home shall not employ that applicant for any position for	114593
which a criminal records check is required by division (A)(1) of	114594
this section.	114595

(B)(1) Except as provided in rules adopted under division (E)	114596
of this section, no child day-care center or type A family	114597
day-care home shall employ or contract with another entity for the	114598
services of a person as a person responsible for the care,	114599
custody, or control of a child if the person previously has been	114600
convicted of or pleaded guilty to any of the violations described	114601
in division (A)(5) of section 109.572 of the Revised Code.	114602

(2) A child day-care center or type A family day-care home	114603
may employ an applicant conditionally until the criminal records	114604
check required by this section is completed and the center or home	114605
receives the results of the criminal records check. If the results	114606
of the criminal records check indicate that, pursuant to division	114607
(B)(1) of this section, the applicant does not qualify for	114608
employment, the center or home shall release the applicant from	114609
employment.	114610

(C)(1) Each child day-care center and type A family day-care	114611
home shall pay to the bureau of criminal identification and	114612
investigation the fee prescribed pursuant to division (C)(3) of	114613
section 109.572 of the Revised Code for each criminal records	114614
check conducted in accordance with that section upon the request	114615
pursuant to division (A)(1) of this section of the administrator	114616
or provider of the center or home.	114617

(2) A child day-care center and type A family day-care home	114618
may charge an applicant a fee for the costs it incurs in obtaining	114619
a criminal records check under this section. A fee charged under	114620
this division shall not exceed the amount of fees the center or	114621
home pays under division (C)(1) of this section. If a fee is	114622
charged under this division, the center or home shall notify the	114623
applicant at the time of the applicant's initial application for	114624
employment of the amount of the fee and that, unless the fee is	114625
paid, the center or type A home will not consider the applicant	114626
for employment.	114627

(D) The report of any criminal records check conducted by the	114628
bureau of criminal identification and investigation in accordance	114629
with section 109.572 of the Revised Code and pursuant to a request	114630
under division (A)(1) of this section is not a public record for	114631
the purposes of section 149.43 of the Revised Code and shall not	114632
be made available to any person other than the applicant who is	114633
the subject of the criminal records check or the applicant's	114634
representative; the center or type A home requesting the criminal	114635
records check or its representative; the department of job and	114636
family services or a county department of job and family services;	114637
and any court, hearing officer, or other necessary individual	114638
involved in a case dealing with the denial of employment to the	114639
applicant.	114640

(E) The director of job and family services shall adopt rules	114641
pursuant to Chapter 119. of the Revised Code to implement this	114642
section, including rules specifying circumstances under which a	114643
center or home may hire a person who has been convicted of an	114644
offense listed in division (B)(1) of this section but who meets	114645
standards in regard to rehabilitation set by the department.	114646

(F) Any person required by division (A)(1) of this section to	114647
request a criminal records check shall inform each person, at the	114648
time of the person's initial application for employment, that the	114649
person is required to provide a set of impressions of the person's	114650
fingerprints and that a criminal records check is required to be	114651
conducted and satisfactorily completed in accordance with section	114652
109.572 of the Revised Code if the person comes under final	114653
consideration for appointment or employment as a precondition to	114654
employment for that position.	114655

(G) As used in this section:

114656

(1) "Applicant" means a person who is under final	114657
consideration for appointment to or employment in a position with	114658
a child day-care center or a type A family day-care home as a	114659
person responsible for the care, custody, or control of a child or	114660
any person who would serve in any position with a child day-care	114661
center or a type A family day-care home as a person responsible	114662
for the care, custody, or control of a child pursuant to a	114663
contract with another entity.	114664

(2) "Criminal records check" has the same meaning as in	114665
section 109.572 of the Revised Code.	114666

Sec. 5104.013. (A)(1) At the times specified in division	114667
(A)(3) of this section, the director of job and family services,	114668
as part of the process of licensure of child day-care centers,	114669
type A family day-care homes, and licensed type B family day-care	114670
homes shall request the superintendent of the bureau of criminal	114671
identification and investigation to conduct a criminal records	114672
check with respect to the following persons:	114673

(a) Any owner, licensee, or administrator of a child day-care	114674
center;	114675

(b) Any owner, licensee, or administrator of a type A family	114676
day-care home and any person eighteen years of age or older who	114677
resides in a type A family day-care home;	114678

(c) Any administrator of a licensed type B family day-care	114679
home and any person eighteen years of age or older who resides in	114680
a licensed type B family day-care home.	114681

(2) At the time specified in division (A)(3) of this section,	114682
the director of a county department of job and family services, as	114683
part of the process of certification of in-home aides, shall	114684
request the superintendent of the bureau of criminal	114685
identification and investigation to conduct a criminal records	114686
check with respect to any in-home aide.	114687

(3) The director of job and family services shall request a	114688
criminal records check pursuant to division (A)(1) of this section	114689
at the time of the initial application for licensure and every	114690
~~four~~five years thereafter. The director of a county department of	114691
job and family services shall request a criminal records check	114692
pursuant to division (A)(2) of this section at the time of the	114693
initial application for certification and every ~~four~~five years	114694
thereafter. When the director of job and family services or the	114695
director of a county department of job and family services	114696
requests pursuant to division (A)(1) or (2) of this section a	114697
criminal records check for a person at the time of the person's	114698
initial application for licensure or certification, the director	114699
shall request that the superintendent of the bureau of criminal	114700
identification and investigation obtain information from the	114701
federal bureau of investigation as a part of the criminal records	114702
check for the person, including fingerprint-based checks of	114703
national crime information databases as described in 42 U.S.C. 671	114704
for the person subject to the criminal records check. In all other	114705
cases in which the director of job and family services or the	114706
director of a county department of job and family services	114707
requests a criminal records check for an applicant pursuant to	114708
division (A)(1) or (2) of this section, the director may request	114709
that the superintendent include information from the federal	114710
bureau of investigation in the criminal records check, including	114711
fingerprint-based checks of national crime information databases	114712
as described in 42 U.S.C. 671.	114713

(4) The director of job and family services shall review the	114714
results of a criminal records check subsequent to a request made	114715
pursuant to divisions (A)(1) and (3) of this section prior to	114716
approval of a license. The director of a county department of job	114717
and family services shall review the results of a criminal records	114718
check subsequent to a request made pursuant to divisions (A)(2)	114719
and (3) of this section prior to approval of certification.	114720

(B) The director of job and family services or the director	114721
of a county department of job and family services shall provide to	114722
each person for whom a criminal records check is required under	114723
this section a copy of the form prescribed pursuant to division	114724
(C)(1) of section 109.572 of the Revised Code and a standard	114725
impression sheet to obtain fingerprint impressions prescribed	114726
pursuant to division (C)(2) of that section, obtain the completed	114727
form and impression sheet from that person, and forward the	114728
completed form and impression sheet to the superintendent of the	114729
bureau of criminal identification and investigation.	114730

(C) A person who receives pursuant to division (B) of this	114731
section a copy of the form and standard impression sheet described	114732
in that division and who is requested to complete the form and	114733
provide a set of fingerprint impressions shall complete the form	114734
or provide all the information necessary to complete the form and	114735
shall provide the impression sheet with the impressions of the	114736
person's fingerprints. If the person, upon request, fails to	114737
provide the information necessary to complete the form or fails to	114738
provide impressions of the person's fingerprints, the director may	114739
consider the failure as a reason to deny licensure or	114740
certification.	114741

(D) Except as provided in rules adopted under division (G) of	114742
this section, the director of job and family services shall not	114743
grant a license to a child day-care center, type A family day-care	114744
home, or type B family day-care home and a county director of job	114745
and family services shall not certify an in-home aide if a person	114746
for whom a criminal records check was required in connection with	114747
the center or home previously has been convicted of or pleaded	114748
guilty to any of the violations described in division (A)(5) of	114749
section 109.572 of the Revised Code.	114750

(E) Each child day-care center, type A family day-care home,	114751
and type B family day-care home shall pay to the bureau of	114752
criminal identification and investigation the fee prescribed	114753
pursuant to division (C)(3) of section 109.572 of the Revised Code	114754
for each criminal records check conducted in accordance with that	114755
section upon a request made pursuant to division (A) of this	114756
section.	114757

(F) The report of any criminal records check conducted by the	114758
bureau of criminal identification and investigation in accordance	114759
with section 109.572 of the Revised Code and pursuant to a request	114760
made under division (A) of this section is not a public record for	114761
the purposes of section 149.43 of the Revised Code and shall not	114762
be made available to any person other than the person who is the	114763
subject of the criminal records check or the person's	114764
representative, the director of job and family services, the	114765
director of a county department of job and family services, the	114766
center, type A home, or type B home involved, and any court,	114767
hearing officer, or other necessary individual involved in a case	114768
dealing with a denial of licensure or certification related to the	114769
criminal records check.	114770

(G) The director of job and family services shall adopt rules	114771
in accordance with Chapter 119. of the Revised Code to implement	114772
this section, including rules specifying exceptions to the	114773
prohibition in division (D) of this section for persons who have	114774
been convicted of an offense listed in that division but who meet	114775
standards in regard to rehabilitation set by the director.	114776

(H) As used in this section, "criminal records check" has the	114777
same meaning as in section 109.572 of the Revised Code.	114778

Sec. 5104.03. (A) Any person, firm, organization,	114779
institution, or agency seeking to establish a child day-care	114780
center, type A family day-care home, or licensed type B family	114781
day-care home shall apply for a license to the director of job and	114782
family services on such form as the director prescribes. The	114783
director shall provide at no charge to each applicant for	114784
licensure a copy of the child care license requirements in this	114785
chapter and a copy of the rules adopted pursuant to this chapter.	114786
The copies may be provided in paper or electronic form.	114787

Fees shall be set by the director pursuant to sections	114788
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	114789
paid at the time of application for a license to operate a center,	114790
type A home, or type B home. Fees collected under this section	114791
shall be paid into the state treasury to the credit of the general	114792
revenue fund.	114793

(B)(1) Upon filing of the application for a license, the	114794
director shall investigate and inspect the center, type A home, or	114795
type B home to determine the license capacity for each age	114796
category of children of the center, type A home, or type B home	114797
and to determine whether the center, type A home, or type B home	114798
complies with this chapter and rules adopted pursuant to this	114799
chapter. When, after investigation and inspection, the director is	114800
satisfied that this chapter and rules adopted pursuant to it are	114801
complied with, subject to division (H) of this section, a license	114802
shall be issued as soon as practicable in such form and manner as	114803
prescribed by the director. The license shall be designated as	114804
provisional and shall be valid for twelve months from the date of	114805
issuance unless revoked.	114806

(2) The director may contract with a government entity or a	114807
private nonprofit entity for the entity to inspect and license	114808
type B family day-care homes pursuant to this section. The	114809
department, government entity, or nonprofit entity shall conduct	114810
the inspection prior to the issuance of a license for the type B	114811
home and, as part of that inspection, ensure that the type B home	114812
is safe and sanitary.	114813

(C)(1) On receipt of an application for licensure as a type B	114814
family day-care home to provide publicly funded child care, the	114815
department shall search the uniform statewide automated child	114816
welfare information system for information concerning any abuse or	114817
neglect report made pursuant to section 2151.421 of the Revised	114818
Code of which the applicant, any other adult residing in the	114819
applicant's home, or a person designated by the applicant to be an	114820
emergency or substitute caregiver for the applicant is the	114821
subject.	114822

(2) The department shall consider any information it	114823
discovers pursuant to division (C)(1) of this section or that is	114824
provided by a public children services agency pursuant to section	114825
5153.175 of the Revised Code. If the department determines that	114826
the information, when viewed within the totality of the	114827
circumstances, reasonably leads to the conclusion that the	114828
applicant may directly or indirectly endanger the health, safety,	114829
or welfare of children, the department shall deny the application	114830
for licensure or revoke the license of a type B family day-care	114831
home.	114832

(D) The director shall investigate and inspect the center,	114833
type A home, or type B home at least once during operation under a	114834
license designated as provisional. If after the investigation and	114835
inspection the director determines that the requirements of this	114836
chapter and rules adopted pursuant to this chapter are met,	114837
subject to division (H) of this section, the director shall issue	114838
a new license to the center or home.	114839

(E) Each license shall state the name of the licensee, the	114840
name of the administrator, the address of the center, type A home,	114841
or licensed type B home, and the license capacity for each age	114842
category of children. The license shall include thereon, in	114843
accordance with sections 5104.015, 5104.017, and 5104.018 of the	114844
Revised Code, the toll-free telephone number to be used by persons	114845
suspecting that the center, type A home, or licensed type B home	114846
has violated a provision of this chapter or rules adopted pursuant	114847
to this chapter. A license is valid only for the licensee,	114848
administrator, address, and license capacity for each age category	114849
of children designated on the license. The license capacity	114850
specified on the license is the maximum number of children in each	114851
age category that may be cared for in the center, type A home, or	114852
licensed type B home at one time.	114853

The center or type A home licensee shall notify the director	114854
when the administrator of the center or home changes. The director	114855
shall amend the current license to reflect a change in an	114856
administrator, if the administrator meets the requirements of this	114857
chapter and rules adopted pursuant to this chapter, or a change in	114858
license capacity for any age category of children as determined by	114859
the director of job and family services.	114860

(F) If the director revokes the license of a center, a type A	114861
home, or a type B home, the director shall not issue another	114862
license to the owner of the center, type A home, or type B home	114863
until five years have elapsed from the date the license is	114864
revoked.	114865

If the director denies an application for a license, the	114866
director shall not accept another application from the applicant	114867
until five years have elapsed from the date the application is	114868
denied.	114869

(G) If during the application for licensure process the	114870
director determines that the license of the owner has been	114871
revoked, the investigation of the center, type A home, or type B	114872
home shall cease. This action does not constitute denial of the	114873
application and may not be appealed under division (H) of this	114874
section.	114875

(H) All actions of the director with respect to licensing	114876
centers, type A homes, or type B homes, refusal to license, and	114877
revocation of a license shall be in accordance with Chapter 119.	114878
of the Revised Code. Any applicant who is denied a license or any	114879
owner whose license is revoked may appeal in accordance with	114880
section 119.12 of the Revised Code.	114881

(I) In no case shall the director issue a license under this	114882
section for a center, type A home, or type B home if the director,	114883
based on documentation provided by the appropriate county	114884
department of job and family services, determines that the	114885
applicant had been certified as a type B family day-care home when	114886
such certifications were issued by county departments prior to ~~the~~	114887
~~effective date of this amendment~~January 1, 2014, that the county	114888
department revoked that certification within the immediately	114889
preceding five years, that the revocation was based on the	114890
applicant's refusal or inability to comply with the criteria for	114891
certification, and that the refusal or inability resulted in a	114892
risk to the health or safety of children.	114893

(J)(1) Except as provided in division (J)(2) of this section,	114894
an administrator of a type B family day-care home that receives a	114895
license pursuant to this section to provide publicly funded child	114896
care is an independent contractor and is not an employee of the	114897
department of job and family services.	114898

(2) For purposes of Chapter 4141. of the Revised Code,	114899
determinations concerning the employment of an administrator of a	114900
type B family day-care home that receives a license pursuant to	114901
this section shall be determined under Chapter 4141. of the	114902
Revised Code.	114903

Sec. 5104.08. (A) There is hereby created in the department	114904
of job and family services a child care advisory council to advise	114905
and assist the department in the administration of this chapter	114906
and in the development of child care. The council shall consist of	114907
twenty-two voting members appointed by the director of job and	114908
family services with the approval of the governor. The director of	114909
job and family services, the director of developmental	114910
disabilities, the director of ~~mental health~~mental health and	114911
addiction services, the superintendent of public instruction, the	114912
director of health, the director of commerce, and the state fire	114913
marshal shall serve as nonvoting members of the council.	114914

Six members shall be representatives of child care centers	114915
subject to licensing, the members to represent a variety of	114916
centers, including nonprofit and proprietary, from different	114917
geographical areas of the state. At least three members shall be	114918
parents, guardians, or custodians of children receiving child care	114919
or publicly funded child care in the child's own home, a center, a	114920
type A home, a head start program, a licensed type B home, or a	114921
type B home at the time of appointment. Three members shall be	114922
representatives of in-home aides, type A homes, licensed type B	114923
homes, or type B homes or head start programs. At least six	114924
members shall represent county departments of job and family	114925
services. The remaining members shall be representatives of the	114926
teaching, child development, and health professions, and other	114927
individuals interested in the welfare of children. At least six	114928
members of the council shall not be employees or licensees of a	114929
child day-care center, head start program, or type A home, or	114930
providers operating a licensed type B home or type B home, or	114931
in-home aides.	114932

Appointments shall be for three-year terms. Vacancies shall	114933
be filled for the unexpired terms. A member of the council is	114934
subject to removal by the director of job and family services for	114935
a willful and flagrant exercise of authority or power that is not	114936
authorized by law, for a refusal or willful neglect to perform any	114937
official duty as a member of the council imposed by law, or for	114938
being guilty of misfeasance, malfeasance, nonfeasance, or gross	114939
neglect of duty as a member of the council.	114940

There shall be two co-chairpersons of the council. One	114941
co-chairperson shall be the director of job and family services or	114942
the director's designee, and one co-chairperson shall be elected	114943
by the members of the council. The council shall meet as often as	114944
is necessary to perform its duties, provided that it shall meet at	114945
least once in each quarter of each calendar year and at the call	114946
of the co-chairpersons. The co-chairpersons or their designee	114947
shall send to each member a written notice of the date, time, and	114948
place of each meeting.	114949

Members of the council shall serve without compensation, but	114950
shall be reimbursed for necessary expenses.	114951

(B) The child care advisory council shall advise the director	114952
on matters affecting the licensing of centers, type A homes, and	114953
type B homes and the certification of in-home aides. The council	114954
shall make an annual report to the director of job and family	114955
services that addresses the availability, affordability,	114956
accessibility, and quality of child care and that summarizes the	114957
recommendations and plans of action that the council has proposed	114958
to the director during the preceding fiscal year. The director of	114959
job and family services shall provide copies of the report to the	114960
governor, speaker and minority leader of the house of	114961
representatives, and the president and minority leader of the	114962
senate and, on request, shall make copies available to the public.	114963

(C) The director of job and family services shall adopt rules	114964
in accordance with Chapter 119. of the Revised Code to implement	114965
this section.	114966

Sec. 5104.32. (A) Except as provided in division (C) of this	114967
section, all purchases of publicly funded child care shall be made	114968
under a contract entered into by a licensed child day-care center,	114969
licensed type A family day-care home, licensed type B family	114970
day-care home, certified in-home aide, approved child day camp,	114971
licensed preschool program, licensed school child program, or	114972
border state child care provider and the department of job and	114973
family services. All contracts for publicly funded child care	114974
shall be contingent upon the availability of state and federal	114975
funds. The department shall prescribe a standard form to be used	114976
for all contracts for the purchase of publicly funded child care,	114977
regardless of the source of public funds used to purchase the	114978
child care. To the extent permitted by federal law and	114979
notwithstanding any other provision of the Revised Code that	114980
regulates state contracts or contracts involving the expenditure	114981
of state or federal funds, all contracts for publicly funded child	114982
care shall be entered into in accordance with the provisions of	114983
this chapter and are exempt from any other provision of the	114984
Revised Code that regulates state contracts or contracts involving	114985
the expenditure of state or federal funds.	114986

(B) Each contract for publicly funded child care shall	114987
specify at least the following:	114988

(1) That the provider of publicly funded child care agrees to	114989
be paid for rendering services at the lower of the rate	114990
customarily charged by the provider for children enrolled for	114991
child care or the reimbursement ceiling or rate of payment	114992
established pursuant to section 5104.30 of the Revised Code;	114993

(2) That, if a provider provides child care to an individual	114994
potentially eligible for publicly funded child care who is	114995
subsequently determined to be eligible, the department agrees to	114996
pay for all child care provided between the date the county	114997
department of job and family services receives the individual's	114998
completed application and the date the individual's eligibility is	114999
determined;	115000

(3) Whether the county department of job and family services,	115001
the provider, or a child care resource and referral service	115002
organization will make eligibility determinations, whether the	115003
provider or a child care resource and referral service	115004
organization will be required to collect information to be used by	115005
the county department to make eligibility determinations, and the	115006
time period within which the provider or child care resource and	115007
referral service organization is required to complete required	115008
eligibility determinations or to transmit to the county department	115009
any information collected for the purpose of making eligibility	115010
determinations;	115011

(4) That the provider, other than a border state child care	115012
provider, shall continue to be licensed, approved, or certified	115013
pursuant to this chapter and shall comply with all standards and	115014
other requirements in this chapter and in rules adopted pursuant	115015
to this chapter for maintaining the provider's license, approval,	115016
or certification;	115017

(5) That, in the case of a border state child care provider,	115018
the provider shall continue to be licensed, certified, or	115019
otherwise approved by the state in which the provider is located	115020
and shall comply with all standards and other requirements	115021
established by that state for maintaining the provider's license,	115022
certificate, or other approval;	115023

(6) Whether the provider will be paid by the state department	115024
of job and family services or in some other manner as prescribed	115025
by rules adopted under section 5104.42 of the Revised Code;	115026

(7) That the contract is subject to the availability of state	115027
and federal funds.	115028

(C) Unless specifically prohibited by federal law or by rules	115029
adopted under section 5104.42 of the Revised Code, the county	115030
department of job and family services shall give individuals	115031
eligible for publicly funded child care the option of obtaining	115032
certificates that the individual may use to purchase services from	115033
any provider qualified to provide publicly funded child care under	115034
section 5104.31 of the Revised Code. Providers of publicly funded	115035
child care may present these certificates for payment in	115036
accordance with rules that the director of job and family services	115037
shall adopt. Only providers may receive payment for certificates.	115038
The value of the certificate shall be based on the lower of the	115039
rate customarily charged by the provider or the rate of payment	115040
established pursuant to section 5104.30 of the Revised Code. The	115041
county department may provide the certificates to the individuals	115042
or may contract with child care providers or child care resource	115043
and referral service organizations that make determinations of	115044
eligibility for publicly funded child care pursuant to contracts	115045
entered into under section 5104.34 of the Revised Code for the	115046
providers or resource and referral service organizations to	115047
provide the certificates to individuals whom they determine are	115048
eligible for publicly funded child care.	115049

For each six-month period a provider of publicly funded child	115050
care provides publicly funded child care to the child of an	115051
individual given certificates, the individual shall provide the	115052
provider certificates for days the provider would have provided	115053
publicly funded child care to the child had the child been	115054
present. The maximum number of days providers shall be provided	115055
certificates shall not exceed ten days in a six-month period	115056
during which publicly funded child care is provided to the child	115057
regardless of the number of providers that provide publicly funded	115058
child care to the child during that period.	115059

(D)(1) The department shall establish the Ohio electronic	115060
child care system to track attendance and calculate payments for	115061
publicly funded child care. The system shall include issuing an	115062
electronic child care card to each caretaker parent to swipe	115063
through a point of service device issued to an eligible provider,	115064
as described in section 5104.31 of the Revised Code.	115065

(2) Each eligible provider that provides publicly funded	115066
child care shall participate in the Ohio electronic child care	115067
system. A provider participating in the system shall not do any of	115068
the following:	115069

(a) Use or have possession of an electronic child care card	115070
issued to a caretaker parent;	115071

(b) Falsify attendance records;

115072

(c) Knowingly seek payment for publicly funded child care	115073
that was not provided;	115074

(d) Knowingly accept reimbursement for publicly funded child	115075
care that was not provided.	115076

Section 110.21. That the existing versions of sections	115077
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	115078
and 5104.32 of the Revised Code that are scheduled to take effect	115079
January 1, 2014, are hereby repealed.	115080

Section 110.22. Sections 110.20 and 110.21 of this act shall	115081
take effect January 1, 2014, except that the amendments by	115082
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	115083
(50) of section 2151.011 of the Revised Code shall take effect	115084
July 1, 2014.	115085

Section 110.30. That the version of section 4507.06 of the	115086
Revised Code that is scheduled to take effect January 1, 2017, be	115087
amended to read as follows:	115088

Sec. 4507.06. (A)(1) Every application for a driver's	115089
license, motorcycle operator's license or endorsement, or	115090
motor-driven cycle or motor scooter license or endorsement, or	115091
duplicate of any such license or endorsement, shall be made upon	115092
the approved form furnished by the registrar of motor vehicles and	115093
shall be signed by the applicant.	115094

Every application shall state the following:

115095

(a) The applicant's name, date of birth, social security	115096
number if such has been assigned, sex, general description,	115097
including height, weight, color of hair, and eyes, residence	115098
address, including county of residence, duration of residence in	115099
this state, and country of citizenship;	115100

(b) Whether the applicant previously has been licensed as an	115101
operator, chauffeur, driver, commercial driver, or motorcycle	115102
operator and, if so, when, by what state, and whether such license	115103
is suspended or canceled at the present time and, if so, the date	115104
of and reason for the suspension or cancellation;	115105

(c) Whether the applicant is now or ever has been afflicted	115106
with epilepsy, or whether the applicant now is suffering from any	115107
physical or mental disability or disease and, if so, the nature	115108
and extent of the disability or disease, giving the names and	115109
addresses of physicians then or previously in attendance upon the	115110
applicant;	115111

(d) Whether an applicant for a duplicate driver's license,	115112
duplicate license containing a motorcycle operator endorsement, or	115113
duplicate license containing a motor-driven cycle or motor scooter	115114
endorsement has pending a citation for violation of any motor	115115
vehicle law or ordinance, a description of any such citation	115116
pending, and the date of the citation;	115117

(e) ~~Whether~~If an applicant has not certified the applicant's	115118
willingness to make an anatomical gift under section 2108.05 of	115119
the Revised Code, whether the applicant wishes to certify	115120
willingness to make such an anatomical gift ~~under section 2108.05~~	115121
~~of the Revised Code~~, which shall be given no consideration in the	115122
issuance of a license or endorsement;	115123

(f) Whether the applicant has executed a valid durable power	115124
of attorney for health care pursuant to sections 1337.11 to	115125
1337.17 of the Revised Code or has executed a declaration	115126
governing the use or continuation, or the withholding or	115127
withdrawal, of life-sustaining treatment pursuant to sections	115128
2133.01 to 2133.15 of the Revised Code and, if the applicant has	115129
executed either type of instrument, whether the applicant wishes	115130
the applicant's license to indicate that the applicant has	115131
executed the instrument;	115132

(g) On and after October 7, 2009, whether the applicant is a	115133
veteran, active duty, or reservist of the armed forces of the	115134
United States and, if the applicant is such, whether the applicant	115135
wishes the applicant's license to indicate that the applicant is a	115136
veteran, active duty, or reservist of the armed forces of the	115137
United States by a military designation on the license.	115138

(2) Every applicant for a driver's license shall be	115139
photographed in color at the time the application for the license	115140
is made. The application shall state any additional information	115141
that the registrar requires.	115142

(B) The registrar or a deputy registrar, in accordance with	115143
section 3503.11 of the Revised Code, shall register as an elector	115144
any person who applies for a license or endorsement under division	115145
(A) of this section, or for a renewal or duplicate of the license	115146
or endorsement, if the applicant is eligible and wishes to be	115147
registered as an elector. The decision of an applicant whether to	115148
register as an elector shall be given no consideration in the	115149
decision of whether to issue the applicant a license or	115150
endorsement, or a renewal or duplicate.	115151

(C) The registrar or a deputy registrar, in accordance with	115152
section 3503.11 of the Revised Code, shall offer the opportunity	115153
of completing a notice of change of residence or change of name to	115154
any applicant for a driver's license or endorsement under division	115155
(A) of this section, or for a renewal or duplicate of the license	115156
or endorsement, if the applicant is a registered elector who has	115157
changed the applicant's residence or name and has not filed such a	115158
notice.	115159

(D) In addition to any other information it contains, on and	115160
after October 7, 2009, the approved form furnished by the	115161
registrar of motor vehicles for an application for a license or	115162
endorsement or an application for a duplicate of any such license	115163
or endorsement shall inform applicants that the applicant must	115164
present a copy of the applicant's DD-214 or an equivalent document	115165
in order to qualify to have the license or duplicate indicate that	115166
the applicant is a veteran, active duty, or reservist of the armed	115167
forces of the United States based on a request made pursuant to	115168
division (A)(1)(g) of this section.	115169

Section 110.31. That the existing version of section 4507.06	115170
of the Revised Code that is scheduled to take effect January 1,	115171
2017, is hereby repealed.	115172

Section 110.32. Sections 110.30 and 110.31 of this act shall	115173
take effect January 1, 2017.	115174

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	115175
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	115176
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	115177
Code are hereby repealed, effective October 16, 2015.	115178

(B) Any money remaining in the Legislative Budget Services	115179
Fund on October 16, 2015, the date that section 5168.12 of the	115180
Revised Code is repealed by division (A) of this section, shall be	115181
used solely for the purposes stated in then former section 5168.12	115182
of the Revised Code. When all money in the Legislative Budget	115183
Services Fund has been spent after then former section 5168.12 of	115184
the Revised Code is repealed under division (A) of this section,	115185
the fund shall cease to exist.	115186

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	115187
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	115188
Code are hereby repealed, effective October 1, 2015.	115189

Section 125.11.10. That Section 267.60.31 of Am. Sub. H.B.	115190
153 of the 129th General Assembly is hereby repealed.	115191

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	115192
121st General Assembly, as most recently amended by Am. Sub. H.B.	115193
153 of the 129th General Assembly, is hereby repealed.	115194

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	115195
128th General Assembly, as most recently amended by Am. Sub. H.B.	115196
153 of the 129th General Assembly, is hereby repealed.	115197

Section 201.10. Except as otherwise provided in this act,	115198
all appropriation items in this act are appropriated out of any	115199
moneys in the state treasury to the credit of the designated fund	115200
that are not otherwise appropriated. For all appropriations made	115201
in this act, the amounts in the first column are for fiscal year	115202
2014 and the amounts in the second column are for fiscal year	115203
2015.	115204

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

115205

General Services Fund Group	115206

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	115207
4K90	889609	Operating Expenses	$	977,500	$	977,500	115208
TOTAL GSF General Services Fund							115209
Group			$	1,302,500	$	1,302,500	115210
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	115211

Section 205.10. ADJ ADJUTANT GENERAL

115213

General Revenue Fund	115214

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	115215
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	115216
GRF	745407	National Guard Benefits	$	400,000	$	400,000	115217
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	115218
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	115219
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	115220

General Services Fund Group	115221

5340	745612	Property Operations Management	$	534,304	$	534,304	115222
5360	745605	Marksmanship Activities	$	128,600	$	128,600	115223
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	115224
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	115225
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	115226

Federal Special Revenue Fund Group	115227

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	115228
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	115229
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	115230
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	115231
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	115232

State Special Revenue Fund Group	115233

5U80	745613		Community Match Armories		$	350,000		$	350,000		115234
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		115235

TOTAL ALL BUDGET FUND GROUPS

45,495,633

115236

NATIONAL GUARD BENEFITS

115237

The foregoing appropriation item 745407, National Guard	115238
Benefits, shall be used for purposes of sections 5919.31 and	115239
5919.33 of the Revised Code, and for administrative costs of the	115240
associated programs.	115241

If necessary, in order to pay benefits in a timely manner	115242
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	115243
Adjutant General may request the Director of Budget and Management	115244
transfer appropriation from any appropriation item used by the	115245
Adjutant General to appropriation item 745407, National Guard	115246
Benefits. The Adjutant General may subsequently seek Controlling	115247
Board approval to restore the appropriation in the appropriation	115248
item from which such a transfer was made.	115249

For active duty members of the Ohio National Guard who died	115250
after October 7, 2001, while performing active duty, the death	115251
benefit, pursuant to section 5919.33 of the Revised Code, shall be	115252
paid to the beneficiary or beneficiaries designated on the	115253
member's Servicemembers' Group Life Insurance Policy.	115254

STATE ACTIVE DUTY COSTS

115255

Of the foregoing appropriation item 745409, Central	115256
Administration, $50,000 in each fiscal year shall be used for the	115257
purpose of paying expenses related to state active duty of members	115258
of the Ohio organized militia, in accordance with a proclamation	115259
of the Governor. Expenses include, but are not limited to, the	115260
cost of equipment, supplies, and services, as determined by the	115261
Adjutant General's Department.	115262

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

115263

General Revenue Fund	115264

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	115265
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	115266
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	115267
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	115268
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	115269
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	115270
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	115271
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	115272
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	115273
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	115274
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	115275
GRF	100460	Local Government Information Exchange Grants	$	2,500,000	$	0	115276
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	115277
TOTAL GRF General Revenue Fund			$	160,552,951	$	163,247,551	115278

General Services Fund Group	115279

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	115280
1150	100632	Central Service Agency	$	911,580	$	927,699	115281
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	115282
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	115283
1250	100622	Human Resources Division - Operating	$	16,649,839	$	16,649,839	115284
1250	100657	Benefits Communication	$	712,316	$	712,316	115285
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	115286
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	115287
1320	100631	DAS Building Management	$	19,743,170	$	19,743,170	115288
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	115289
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	115290
2100	100612	State Printing	$	20,459,526	$	20,459,526	115291
2290	100630	IT Governance	$	16,446,474	$	16,446,474	115292
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	115293
4270	100602	Investment Recovery	$	3,885,000	$	2,900,000	115294
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	115295
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	115296
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	115297
5C30	100608	Minor Construction Project Management	$	204,375	$	204,375	115298
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	115299
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	115300
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	115301
5KZ0	100659	Building Improvement	$	500,000	$	500,000	115302
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	115303
5LA0	100660	Building Operation	$	27,000,767	$	27,214,648	115304
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	115305
5V60	100619	Employee Educational Development	$	800,000	$	800,000	115306
TOTAL GSF General Services Fund							115307
Group			$	334,781,795	$	321,016,227	115308

Federal Special Revenue Fund Group	115309

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	115310
TOTAL FED Federal Special Revenue							115311
Fund Group			$	1,723,009	$	1,723,009	115312

State Special Revenue Fund Group	115313

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	115314
5MV0	100662	Theatre Equipment Maintenance	$	80,891	$	80,891	115315
TOTAL SSR State Special Revenue							115316
Fund Group			$	3,109,257	$	1,070,891	115317
TOTAL ALL BUDGET FUND GROUPS			$	500,167,012	$	487,057,678	115318

Section 207.20. OAKS LEASE RENTAL PAYMENTS

115320

The foregoing appropriation item 100415, OAKS Lease Rental	115321
Payments, shall be used for payments at the times they are	115322
required to be made for the period from July 1, 2013, through June	115323
30, 2015, pursuant to leases and agreements entered into under	115324
Chapter 125. of the Revised Code, as supplemented by Section	115325
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	115326
other prior acts of the General Assembly, with respect to	115327
financing the costs associated with the acquisition, development,	115328
installation, and implementation of the Ohio Administrative	115329
Knowledge System. If it is determined that additional	115330
appropriations are necessary for this purpose, the amounts are	115331
hereby appropriated.	115332

Section 207.30. STARS LEASE RENTAL PAYMENTS

115333

The foregoing appropriation item 100416, STARS Lease Rental	115334
Payments, shall be used for payments at the times they are	115335
required to be made for the period from July 1, 2013, through June	115336
30, 2015, pursuant to leases and agreements entered into under	115337
Chapter 125. of the Revised Code, as supplemented by Section	115338
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	115339
other prior acts of the General Assembly, with respect to	115340
financing the cost for the acquisition, development, installation,	115341
and implementation of the State Taxation Accounting and Revenue	115342
System (STARS). If it is determined that additional appropriations	115343
are necessary for this purpose, the amounts are appropriated.	115344

The State Taxation Accounting and Revenue System (STARS) is	115345
an integrated tax collection and audit system that will replace	115346
all of the state's existing separate tax software and	115347
administration systems for the various taxes collected by the	115348
state. The Department of Administrative Services, in conjunction	115349
with the Department of Taxation, may acquire STARS, including, but	115350
not limited to, the application hardware and software and	115351
installation and implementation thereof, for the use of the	115352
Department of Taxation. Any lease-purchase agreement used under	115353
Chapter 125. of the Revised Code to acquire STARS, including any	115354
fractionalized interests as defined in division (N) of section	115355
133.01 of the Revised Code in the lease payments under that	115356
agreement, shall provide at the end of the lease period that the	115357
financed asset becomes the property of the state. The principal	115358
amount of any new such financing is limited, excluding the	115359
principal amounts of any lease-purchase financing heretofore	115360
completed for STARS, to the amount of $20,000,000.	115361

Section 207.40. MARCS LEASE RENTAL PAYMENTS

115362

The foregoing appropriation item 100414, MARCS Lease Rental	115363
Payments, shall be used for payments at the times they are	115364
required to be made for the period from July 1, 2013, through June	115365
30, 2015, pursuant to leases and agreements entered into under	115366
Chapter 125. of the Revised Code, as supplemented by Section	115367
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	115368
respect to financing the cost for the acquisition, development,	115369
installation, and implementation of the Multi-Agency Radio	115370
Communication System (MARCS) upgrade. If it is determined that	115371
additional appropriations are necessary for this purpose, the	115372
amounts are hereby appropriated.	115373

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	115374
UPGRADE	115375

The Multi-Agency Radio Communications System (MARCS) is a	115376
statewide computer and communications network designed to provide	115377
instant voice and data communication and supply a communications	115378
backbone to public safety and emergency management. The Department	115379
of Administrative Services may update or add functionality to	115380
MARCS to upgrade the existing system to a 700/800 megahertz voice	115381
and data system specifically designed to support interoperable	115382
communications for public safety law enforcement and first	115383
responders. The improvements may include, but are not limited to,	115384
hardware and software and the installation and implementation	115385
thereof. Any lease-purchase agreement utilized under Chapter 125.	115386
of the Revised Code to acquire MARCS and the enhancements	115387
described above, including any fractionalized interest as defined	115388
in division (N) of section 133.01 of the Revised Code in the lease	115389
payments under that agreement, shall provide at the end of the	115390
lease period that the financed asset becomes the property of the	115391
state. The principal amount of any new such financing is limited,	115392
in addition to the principal amounts of lease-purchase financing	115393
heretofore completed for MARCS, to the amount of $27,000,000.	115394

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

115395

The foregoing appropriation item 100447, Administrative	115396
Building Lease Rental Payments, shall be used to meet all payments	115397
at the times they are required to be made during the period from	115398
July 1, 2013, through June 30, 2015, by the Department of	115399
Administrative Services pursuant to leases and agreements under	115400
Chapters 152. and 154. of the Revised Code. These appropriations	115401
are the source of funds pledged for bond service charges on	115402
related obligations issued under Chapters 152. and 154. of the	115403
Revised Code.	115404

The foregoing appropriation item 100448, Office Building	115405
Operating Payments, shall be used to pay the expenses of vacant	115406
space, space undergoing renovation, agencies funded by the General	115407
Revenue Fund, and the rent expenses of tenants that have been	115408
relocated because of building renovations that occupy space in the	115409
James A. Rhodes State Office Tower, the Vern Riffe Center for	115410
Government and the Arts, the Frank J. Lausche State Office	115411
Building, the Michael V. DiSalle Government Center, and the Oliver	115412
R. Ocasek Government Office Building.	115413

At least once per year, the portion of appropriation item	115414
100448, Office Building Operating Payments, that is not used for	115415
expenses of agencies funded by the General Revenue Fund, vacant	115416
space, space undergoing renovation, and the rent expenses of	115417
tenants that are relocated because of building renovations shall	115418
be processed by the Department of Administrative Services through	115419
intrastate voucher and placed in the Building Improvements Fund	115420
(Fund 5KZ0).	115421

Section 207.70. DAS - BUILDING OPERATING PAYMENTS

115422

The foregoing appropriation item 100449, DAS - Building	115423
Operating Payments, shall be used to pay the rent expenses of	115424
veterans organizations pursuant to section 123.024 of the Revised	115425
Code in fiscal years 2014 and 2015.	115426

The foregoing appropriation item, 100449, DAS - Building	115427
Operating Payments, also may be used to provide funding for the	115428
cost of property appraisals or building studies that the	115429
Department of Administrative Services may be required to obtain	115430
for property that is being sold by the state or property under	115431
consideration to be renovated or purchased by the state.	115432

Notwithstanding section 125.28 of the Revised Code, the	115433
remaining portion of the appropriation may be used to pay the	115434
operating expenses of state facilities maintained by the	115435
Department of Administrative Services that are not billed to	115436
building tenants, or other costs associated with the Voinovich	115437
Center in Youngstown, Ohio. These expenses may include, but are	115438
not limited to, the costs for vacant space and space undergoing	115439
renovation, and the rent expenses of tenants that are relocated	115440
because of building renovations. These payments may be processed	115441
by the Department of Administrative Services through intrastate	115442
transfer vouchers and placed in the Building Management Fund (Fund	115443
1320) or the Information Technology Services Fund (Fund 1330).	115444

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	115445
HUMAN RESOURCES SERVICES FUND	115446

Upon request of the Director of Administrative Services,	115447
during the FY 2014 - FY 2015 biennium, the Director of Budget and	115448
Management shall transfer up to $975,000 from the Workforce	115449
Development Fund (Fund 5D70) to the Human Resources Services Fund	115450
(Fund 1250) to support one-time human resources administration	115451
activities for state agencies.	115452

Section 207.73. LOCAL GOVERNMENT INFORMATION GRANTS

115453

Of the foregoing appropriation item 100460, Local Government	115454
Information Exchange Grants, up to $100,000 in fiscal year 2014	115455
shall be used by the Director of Administrative Services for	115456
administration and maintenance of the Ohio Local Government	115457
Information Exchange Grant Program and for administration of Local	115458
Government Information Exchange grants. The remainder of the	115459
foregoing appropriation item 100460, Local Government Information	115460
Exchange Grants, shall be used by the Director of Administrative	115461
Services to disburse grant awards to eligible local governments	115462
under section 149.60 of the Revised Code.	115463

On July 1, 2014, or as soon as possible thereafter, the Chief	115464
Information Officer may request that the Director of Budget and	115465
Management approve the reappropriation of the unexpended,	115466
unencumbered balance at the end of fiscal year 2014 of the	115467
foregoing appropriation item 100460, Local Government Information	115468
Exchange Grants, for fiscal year 2015. The Director of Budget and	115469
Management may request additional information necessary for	115470
evaluating the request, and the Director of Administrative	115471
Services shall provide the requested information to the Director	115472
of Budget and Management. Based on the information provided by the	115473
Director of Administrative Services, the Director of Budget and	115474
Management shall determine the amounts to be reappropriated, and	115475
those amounts are hereby reappropriated for fiscal year 2015.	115476

Section 207.80. CENTRAL SERVICE AGENCY FUND

115477

Appropriation item 100632, Central Service Agency, shall be	115478
used to purchase the equipment, products, and services that are	115479
needed to maintain existing automated applications for the	115480
professional licensing boards and the Casino Control Commission to	115481
support board licensing functions in fiscal years 2014 and 2015	115482
until these functions are replaced by the Ohio Professionals	115483
Licensing System. The Department of Administrative Services shall	115484
establish charges for recovering the costs of carrying out these	115485
functions. The charges shall be billed to the professional	115486
licensing boards and the Casino Control Commission, and deposited	115487
via intrastate transfer vouchers to the credit of the Central	115488
Service Agency Fund (Fund 1150).	115489

Upon implementation of the replacement Ohio Professionals	115490
Licensing System and the decommissioning of the existing automated	115491
applications, the Director of Budget and Management may transfer	115492
any cash balances that remain in the Central Service Agency Fund	115493
(Fund 1150) and that are attributable to the operation of the	115494
existing automated applications to the Professions Licensing	115495
System Fund (Fund 5JQ0).	115496

Section 207.90. GENERAL SERVICE CHARGES

115497

The Department of Administrative Services, with the approval	115498
of the Director of Budget and Management, shall establish charges	115499
for recovering the costs of administering the programs funded by	115500
the General Services Fund (Fund 1170) and the State Printing Fund	115501
(Fund 2100). Such charges within Fund 1170 may be used to recover	115502
the cost of paying a vendor to establish reduced pricing for	115503
contracted supplies or services.	115504

If the Director of Administrative Services determines that	115505
additional amounts are necessary to pay for consulting and	115506
administrative costs related to securing lower pricing, the	115507
Director of Administrative Services may request that the Director	115508
of Budget and Management approve additional expenditures. Such	115509
approved additional amounts are appropriated to appropriation item	115510
100644, General Services Division-Operating.	115511

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

115512

With approval of the Director of Budget and Management, the	115513
Department of Administrative Services may seek reimbursement from	115514
state agencies for the actual costs and expenses the Department	115515
incurs in the collective bargaining arbitration process. The	115516
reimbursements shall be processed through intrastate transfer	115517
vouchers and credited to the Collective Bargaining Fund (Fund	115518
1280).	115519

Section 207.110. EQUAL OPPORTUNITY PROGRAM

115520

The Department of Administrative Services, with the approval	115521
of the Director of Budget and Management, shall establish charges	115522
for recovering the costs of administering the activities supported	115523
by the State EEO Fund (Fund 1880). These charges shall be	115524
deposited to the credit of the State EEO Fund (Fund 1880) upon	115525
payment made by state agencies, state-supported or state-assisted	115526
institutions of higher education, and tax-supported agencies,	115527
municipal corporations, and other political subdivisions of the	115528
state, for services rendered.	115529

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

115530

The foregoing appropriation item 100640, Leveraged Enterprise	115531
Purchases, shall be used by the Department of Administrative	115532
Services to make information technology purchases for the benefit	115533
of one or more government entities as authorized under division	115534
(G) of section 125.18 of the Revised Code. If the Director of	115535
Administrative Services determines that additional amounts are	115536
necessary to pay for pass-through information technology purchases	115537
that will be billed to one or more state agencies, the Director of	115538
Administrative Services shall seek Controlling Board approval for	115539
an increase in appropriation to make the requested purchases.	115540

Section 207.120. INVESTMENT RECOVERY FUND

115541

Notwithstanding division (B) of section 125.14 of the Revised	115542
Code, cash balances in the Investment Recovery Fund (Fund 4270)	115543
may be used to support the operating expenses of the Federal	115544
Surplus Operating Program created in sections 125.84 to 125.90 of	115545
the Revised Code.	115546

Of the foregoing appropriation item 100602, Investment	115547
Recovery, up to $1,618,062 in fiscal year 2014 and up to	115548
$1,638,515 in fiscal year 2015 may be used to pay the operating	115549
expenses of the State Surplus Property Program and the Surplus	115550
Federal Property Program, under Chapter 125. of the Revised Code	115551
and this section. If additional appropriations are necessary for	115552
the operations of these programs, the Director of Administrative	115553
Services shall seek increased appropriations from the Controlling	115554
Board under section 131.35 of the Revised Code.	115555

Of the foregoing appropriation item 100602, Investment	115556
Recovery, up to $2,266,938 in fiscal year 2014 and up to	115557
$1,261,485 in fiscal year 2015 shall be used to transfer proceeds	115558
from the sale of surplus property from the Investment Recovery	115559
Fund to non-General Revenue Funds under division (A)(2) of section	115560
125.14 of the Revised Code. If it is determined by the Director of	115561
Administrative Services that additional amounts are necessary for	115562
the transfer of such sale proceeds, the Director of Administrative	115563
Services may request the Director of Budget and Management to	115564
authorize additional amounts. Such authorized additional amounts	115565
are hereby appropriated.	115566

Section 207.130. MAJOR IT PURCHASES CHARGES

115567

The Department of Administrative Services may bill agencies	115568
for actual expenditures made for major IT purchases if those	115569
expenditures are not recovered as part of the information	115570
technology services rates the Department charges and deposits into	115571
the Information Technology Fund (Fund 1330) created in section	115572
125.15 of the Revised Code. These charges shall be deposited to	115573
the credit of the Major IT Purchases Fund (Fund 4N60).	115574

Section 207.140. DAS INFORMATION SERVICES

115575

There is hereby established in the State Treasury the DAS	115576
Information Services Fund. The foregoing appropriation item	115577
100603, DAS Information Services, shall be used to pay the costs	115578
of providing information systems and services in the Department of	115579
Administrative Services. Any state agency, board, or commission	115580
may use DAS Information Services by paying for the services	115581
rendered.	115582

The Department of Administrative Services shall establish	115583
user charges for all information systems and services that are	115584
allowable in the statewide indirect cost allocation plan submitted	115585
annually to the United States Department of Health and Human	115586
Services. These charges shall comply with federal regulations and	115587
shall be deposited to the credit of the DAS Information Services	115588
Fund (Fund 4P30).	115589

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	115590
FUND TO GRF	115591

Upon the request of the Director of Administrative Services,	115592
the Director of Budget and Management may transfer unobligated	115593
cash in the MARCS Administration Fund (Fund 5C20) to the General	115594
Revenue Fund to reimburse the General Revenue Fund for lease	115595
rental payments made on behalf of the MARCS upgrade.	115596

Section 207.160. PROFESSIONS LICENSING SYSTEM

115597

There is hereby created in the state treasury the Professions	115598
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	115599
Professionals Licensing System, shall be used to make payments	115600
from the fund. The fund shall be used to purchase the equipment,	115601
products, and services necessary to develop and maintain a	115602
replacement automated licensing system for the professional	115603
licensing boards. The Director of Budget and Management may	115604
transfer up to a total of $990,000 in cash from the Occupational	115605
Licensing and Regulatory Fund (4K90), the State Medical Board	115606
Operating Fund (Fund 5C60), and the Casino Control Commission –	115607
Operating Fund (Fund 5HS0) to the Professions Licensing System	115608
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	115609
be in proportion to the number of current licensees issued by the	115610
professional licensing boards and current and anticipated licenses	115611
in the case of the Casino Control Commission. The purpose of these	115612
cash transfers is to fund the initial acquisition and development	115613
of the system. Any cash balances not expended in fiscal year 2014	115614
are hereby reappropriated in fiscal year 2015.	115615

Effective with the implementation of the replacement	115616
licensing system, the Department of Administrative Services shall	115617
establish charges for recovering the costs of ongoing maintenance	115618
of the system. The charges shall be billed to the professional	115619
licensing boards and the Casino Control Commission, and deposited	115620
via intrastate transfer vouchers to the credit of the Professions	115621
Licensing System Fund.	115622

Section 207.170. BUILDING IMPROVEMENT FUND

115623

The foregoing appropriation item 100659, Building	115624
Improvement, shall be used to make payments from the Building	115625
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	115626
required in the James A. Rhodes State Office Tower, the Vern Riffe	115627
Center for Government and the Arts, the Frank J. Lausche State	115628
Office Building, the Michael V. DiSalle Government Center, and the	115629
Oliver R. Ocasek Government Office. The Department of	115630
Administrative Services shall conduct or contract for regular	115631
assessments of these buildings and shall maintain a cash balance	115632
in the Building Improvement Fund equal to the cost of the repairs	115633
and improvements that are recommended to occur within the next	115634
five years, with the following exception described below.	115635

Upon request of the Director of Administrative Services, the	115636
Director of Budget and Management may permit a cash transfer from	115637
the Building Improvement Fund (Fund 5KZ0) to the Building	115638
Operating Fund (Fund 5LA0) to pay costs of operating and	115639
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	115640
Center for Government and the Arts, the Frank J. Lausche State	115641
Office Building, the Michael V. DiSalle Government Center, and the	115642
Oliver R. Ocasek Government Office that are not charged to tenants	115643
during the same fiscal year.	115644

Should the cash balance in the Building Operating Fund (Fund	115645
5LA0) be determined to be sufficient, the Director of	115646
Administrative Services may request that the Director of Budget	115647
and Management transfer cash from the Building Operating Fund	115648
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	115649
amount equal to the initial cash transfer made under this section	115650
plus applicable interest.	115651

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

115652

The foregoing appropriation item 100610, Professional	115653
Development, shall be used to make payments from the Professional	115654
Development Fund (Fund 5L70) under section 124.182 of the Revised	115655
Code. If it is determined by the Director of Administrative	115656
Services that additional amounts are necessary, the Director of	115657
Administrative Services may request that the Director of Budget	115658
and Management approve additional amounts. Such approved	115659
additional amounts are hereby appropriated.	115660

Section 207.190. BUILDING OPERATING FUND

115661

The foregoing appropriation item 100660, Building Operation,	115662
shall be used to make payments from the Building Operating Fund	115663
(Fund 5LA0) to pay costs of operating and maintaining the James A.	115664
Rhodes State Office Tower, the Vern Riffe Center for Government	115665
and the Arts, the Frank J. Lausche State Office Building, the	115666
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	115667
Government Office.	115668

The Department of Administrative Services, with the approval	115669
of the Director of Budget and Management, shall establish charges	115670
to be reimbursed for the cost of operating these buildings. These	115671
charges shall include the cost of applicable depreciation on the	115672
buildings and the resulting revenue shall be deposited in the	115673
Building Operating Fund (Fund 5LA0).	115674

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

115675

The foregoing appropriation item 100661, IT Development,	115676
shall be used by the Department of Administrative Services to pay	115677
the costs of modernizing the state's information technology	115678
management and investment practices away from a limited,	115679
agency-specific focus in favor of a statewide methodology	115680
supporting development of enterprise solutions.	115681

The Department of Administrative Services, with the approval	115682
of the Director of Budget and Management, may charge state	115683
agencies an information technology development assessment based on	115684
state agencies' information technology expenditures or other	115685
methodology. The revenue from this assessment shall be deposited	115686
in the Information Technology Development Fund (Fund 5LJ0), which	115687
is hereby created.	115688

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

115689

The foregoing appropriation item 100619, Employee Educational	115690
Development, shall be used to make payments from the Employee	115691
Educational Development Fund (Fund 5V60) under section 124.86 of	115692
the Revised Code. The fund shall be used to pay the costs of	115693
administering educational programs under existing collective	115694
bargaining agreements with District 1199, the Health Care and	115695
Social Service Union; State Council of Professional Educators;	115696
Ohio Education Association and National Education Association; the	115697
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	115698
State Troopers Association, Units 1 and 15.	115699

If it is determined by the Director of Administrative	115700
Services that additional amounts are necessary, the Director of	115701
Administrative Services may request that the Director of Budget	115702
and Management approve additional amounts. Such approved	115703
additional amounts are hereby appropriated.	115704

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	115705
FUND	115706

Upon request of the Director of Administrative Services, the	115707
Director of Budget and Management may transfer up to $4,000,000	115708
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	115709
IT Purchases Fund (Fund 4N60). This amount represents cash	115710
transferred from Fund 4N60 during fiscal year 2010 pursuant to	115711
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	115712
Assembly. Any portion of appropriation item 100617, Major IT	115713
Purchases, that is unencumbered and unexpended at the end of	115714
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	115715

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	115716
SERVICE PAYMENTS	115717

The Director of Administrative Services, in consultation with	115718
the Multi-Agency Radio Communication System (MARCS) Steering	115719
Committee and the Director of Budget and Management, shall	115720
determine the share of debt service payments attributable to	115721
spending for MARCS components that are not specific to any one	115722
agency and that shall be charged to agencies supported by the	115723
motor fuel tax. Such share of debt service payments shall be	115724
calculated for MARCS capital disbursements made beginning July 1,	115725
1997. Within thirty days of any payment made from appropriation	115726
item 100447, Administrative Building Lease Payments, the Director	115727
of Administrative Services shall certify to the Director of Budget	115728
and Management the amount of this share. The Director of Budget	115729
and Management shall transfer such amounts to the General Revenue	115730
Fund from the State Highway Safety Fund (Fund 7036) established in	115731
section 4501.06 of the Revised Code.	115732

The Director of Administrative Services shall consider	115733
renting or leasing existing tower sites at reasonable or current	115734
market rates, so long as these existing sites are equipped with	115735
the technical capabilities to support the MARCS project.	115736

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

115737

The Director of Administrative Services shall determine and	115738
implement strategies that benefit the enterprise by improving	115739
efficiency, reducing costs or enhancing capacity of information	115740
technology (IT) services. Such improvements and efficiencies may	115741
result in the consolidation and transfer of such services. As	115742
determined to be necessary for successful implementation of this	115743
section and notwithstanding any provision of law to the contrary,	115744
the Director of Administrative Services may request the Director	115745
of Budget and Management to consolidate or transfer IT-specific	115746
budget authority between agencies as necessary to implement	115747
enterprise IT cost containment strategies and related	115748
efficiencies. Once the Director of Budget and Management is	115749
satisfied that the proposed initiative is cost advantageous to the	115750
enterprise, the Director of Budget and Management may transfer	115751
appropriations, funds and cash as needed to implement the proposed	115752
initiative. The establishment of any new fund or total increased	115753
appropriation as a result of this section will be subject to	115754
approval by the Controlling Board.	115755

The Director of Budget and Management and the Director of	115756
Administrative Services may transfer any employees, assets, and	115757
liabilities, including, but not limited to, records, contracts,	115758
and agreements in order to facilitate the improvements determined	115759
in accordance with this section.	115760

Section 209.10. AGE DEPARTMENT OF AGING

115761

General Revenue Fund	115762

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	115763
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	115764
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	115765
GRF	490414	Alzheimer's Respite	$	1,895,245	$	1,895,245	115766
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	115767
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	115768
TOTAL GRF General Revenue Fund			$	14,547,425	$	14,547,425	115769

General Services Fund Group	115770

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	115771
TOTAL GSF General Services Fund							115772
Group			$	372,523	$	372,523	115773

Federal Special Revenue Fund Group	115774

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	115775
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	115776
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	115777
TOTAL FED Federal Special Revenue							115778
Fund Group			$	74,040,137	$	74,040,137	115779

State Special Revenue Fund Group	115780

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	115781
5BA0	490620	Ombudsman Support	$	1,250,000	$	1,250,000	115782
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	115783
5MT0	490627	Board of Executives of LTSS	$	600,000	$	600,000	115784
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	115785
TOTAL SSR State Special Revenue							115786
Fund Group			$	4,189,100	$	4,189,100	115787
TOTAL ALL BUDGET FUND GROUPS			$	93,149,185	$	93,149,185	115788

Section 209.20. LONG-TERM CARE

115790

Pursuant to an interagency agreement, the Department of	115791
Medicaid may designate the Department of Aging to perform	115792
assessments under section 5165.04 of the Revised Code. The	115793
Department of Aging shall provide long-term care consultations	115794
under section 173.42 of the Revised Code to assist individuals in	115795
planning for their long-term health care needs.	115796

The Department of Aging shall administer the Medicaid	115797
waiver-funded PASSPORT Home Care Program, the Choices Program, the	115798
Assisted Living Program, and PACE as delegated by the Department	115799
of Medicaid in an interagency agreement. The foregoing	115800
appropriation items 656423, Long-Term Care Program Support -	115801
State, and 656623, Long-Term Care Program Support - Federal, may	115802
be used to support the Department of Aging's administrative costs	115803
associated with operating the PASSPORT, Choices, Assisted Living,	115804
and PACE programs.	115805

PERFORMANCE-BASED REIMBURSEMENT

115806

The Department of Aging may design and utilize a payment	115807
method for PASSPORT administrative agency operations that includes	115808
a pay-for-performance incentive component that is earned by a	115809
PASSPORT administrative agency when defined consumer and policy	115810
outcomes are achieved.	115811

Section 209.30. LONG-TERM CARE OMBUDSMAN

115812

The foregoing appropriation item 490410, Long-Term Care	115813
Ombudsman, shall be used to fund ombudsman program activities as	115814
authorized in sections 173.14 to 173.27 and section 173.99 of the	115815
Revised Code.	115816

The State Ombudsman may explore the design of a payment	115817
method for the Ombudsman Program that includes a	115818
pay-for-performance incentive component that is earned by	115819
designated regional long-term care ombudsman programs.	115820

SENIOR COMMUNITY SERVICES

115821

The foregoing appropriation item 490411, Senior Community	115822
Services, shall be used for services designated by the Department	115823
of Aging, including, but not limited to, home-delivered and	115824
congregate meals, transportation services, personal care services,	115825
respite services, adult day services, home repair, care	115826
coordination, prevention and disease self-management, and decision	115827
support systems. Service priority shall be given to low income,	115828
frail, and cognitively impaired persons 60 years of age and over.	115829
The department shall promote cost sharing by service recipients	115830
for those services funded with senior community services funds,	115831
including, when possible, sliding-fee scale payment systems based	115832
on the income of service recipients.	115833

ALZHEIMER'S RESPITE

115834

The foregoing appropriation item 490414, Alzheimer's Respite,	115835
shall be used to fund only Alzheimer's disease services under	115836
section 173.04 of the Revised Code.	115837

NATIONAL SENIOR SERVICE CORPS

115838

The foregoing appropriation item 490506, National Senior	115839
Service Corps, shall be used by the Department of Aging to fund	115840
grants for three Corporation for National and Community	115841
Service/Senior Corps programs: the Foster Grandparents Program,	115842
the Senior Companion Program, and the Retired Senior Volunteer	115843
Program. A recipient of these grant funds shall use the funds to	115844
support priorities established by the Department and the Ohio	115845
State Office of the Corporation for National and Community	115846
Service. The expenditure of these funds by any grant recipient	115847
shall be in accordance with Senior Corps policies and procedures,	115848
as stated in the Domestic Volunteer Service Act of 1973, as	115849
amended. Neither the Department nor any area agencies on aging	115850
that are involved in the distribution of these funds to	115851
lower-tiered grant recipients may use any portion of these funds	115852
to cover administrative costs.	115853

SENIOR COMMUNITY OUTREACH AND EDUCATION

115854

The foregoing appropriation item 490606, Senior Community	115855
Outreach and Education, may be used to provide training to workers	115856
in the field of aging pursuant to division (G) of section 173.02	115857
of the Revised Code.	115858

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	115859
AND FEDERAL AGING GRANTS	115860

At the request of the Director of Aging, the Director of	115861
Budget and Management may transfer appropriation between	115862
appropriation items 490612, Federal Independence Services, and	115863
490618, Federal Aging Grants. The amounts transferred shall not	115864
exceed 30 per cent of the appropriation from which the transfer is	115865
made. Any transfers shall be reported by the Department of Aging	115866
to the Controlling Board at the next scheduled meeting of the	115867
board.	115868

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

115869

The foregoing appropriation item 490609, Regional Long-Term	115870
Care Ombudsman Program, shall be used to pay the costs of	115871
operating the regional long-term care ombudsman programs	115872
designated by the State Long-Term Care Ombudsman.	115873

TRANSFER OF RESIDENT PROTECTION FUNDS

115874

In each fiscal year, the Director of Budget and Management	115875
may transfer up to $1,250,000 cash from the Resident Protection	115876
Fund (Fund 4E30), which is used by the Department of Medicaid, to	115877
the Ombudsman Support Fund (Fund 5BA0), which is used by the	115878
Department of Aging.	115879

The Director of Aging and the Office of the State Long-Term	115880
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	115881
5BA0) to implement a nursing home quality initiative as specified	115882
in section 173.60 of the Revised Code.	115883

LONG-TERM CARE CONSUMERS GUIDE

115884

The foregoing appropriation item 490613, Long-Term Care	115885
Consumers Guide, shall be used to conduct annual consumer	115886
satisfaction surveys and to pay for other administrative expenses	115887
related to the publication of the Ohio Long-Term Care Consumer	115888
Guide.	115889

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	115890
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	115891

On July 1, 2013, or as soon as possible thereafter, the	115892
Director of Health shall certify to the Director of Budget and	115893
Management the cash balance relating to the Board of Examiners of	115894
Nursing Home Administrators in the General Operations Fund (Fund	115895
4700), used by the Department of Health. Upon receiving this	115896
certification, the Director of Budget and Management may transfer	115897
this cash from the General Operations Fund (Fund 4700) to the	115898
Board of Executives of Long-Term Services and Supports Fund (Fund	115899
5MT0), used by the Department of Aging. If this transfer occurs,	115900
the Director of Budget and Management shall cancel any existing	115901
encumbrances pertaining to the Board of Examiners of Nursing Home	115902
Administrators against appropriation item 440647, Fee Supported	115903
Programs, and re-establish them against appropriation item 490627,	115904
Board of Executives of LTSS. The re-established encumbrance	115905
amounts are hereby appropriated.	115906

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	115907
STRUCTURE	115908

Upon request from the Director of Aging, the Director of	115909
Budget and Management may establish new funds, new appropriation	115910
items, and appropriations in order to support the transition to a	115911
new appropriation item structure in the Department of Aging's	115912
budget. Also, upon request of the Director of Aging, the Director	115913
of Budget and Management may transfer appropriations between GRF	115914
appropriation items, transfer cash between any funds used by the	115915
Department of Aging, abolish existing funds used by the Department	115916
of Aging, and cancel and reestablish encumbrances. Any	115917
establishment of new funds or appropriation items, any transfers	115918
of appropriations or cash, and any increases in appropriation	115919
under this section are subject to Controlling Board approval.	115920

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

115921

As used in this section, "authorizing statute" means a	115922
Revised Code section or provision of a Revised Code section that	115923
is cited in the Ohio Administrative Code as the statute that	115924
authorizes the adoption of a rule.	115925

The Director of Aging is not required to amend any rule for	115926
the sole purpose of updating the citation in the Ohio	115927
Administrative Code to the rule's authorizing statute to reflect	115928
that this act renumbers the authorizing statute or relocates it to	115929
another Revised Code section. Such citations shall be updated as	115930
the Director amends the rules for other purposes.	115931

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

115932

General Revenue Fund	115933

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	115934
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	115935
GRF	700404	Ohio Proud	$	50,000	$	50,000	115936
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	115937
GRF	700407	Food Safety	$	848,792	$	848,792	115938
GRF	700409	Farmland Preservation	$	72,750	$	72,750	115939
GRF	700412	Weights and Measures	$	600,000	$	600,000	115940
GRF	700415	Poultry Inspection	$	392,978	$	392,978	115941
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	115942
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	115943
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	115944
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	115945
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	115946
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	115947
TOTAL GRF General Revenue Fund			$	15,254,231	$	15,054,231	115948

General Services Fund Group	115949

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	115950
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	115951
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	115952

Federal Special Revenue Fund Group	115953

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	115954
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	115955
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	115956
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	115957
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	115958
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	115959
TOTAL FED Federal Special Revenue							115960
Fund Group			$	12,806,000	$	12,806,000	115961

State Special Revenue Fund Group	115962

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	115963
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	115964
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	115965
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	115966
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	115967
4D20	700609	Auction Education	$	35,000	$	35,000	115968
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	115969
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	115970
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	115971
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	115972
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	115973
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	115974
5880	700633	Brand Registration	$	5,000	$	5,000	115975
5B80	700629	Auctioneers	$	340,000	$	340,000	115976
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	115977
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	115978
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	115979
5L80	700604	Livestock Management Program	$	145,000	$	145,000	115980
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	115981
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	115982
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	115983
TOTAL SSR State Special Revenue							115984
Fund Group			$	18,523,313	$	18,518,313	115985

Clean Ohio Conservation Fund Group	115986

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		115987
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		115988

TOTAL ALL BUDGET FUND GROUPS

52,376,557

52,207,617

115989

DANGEROUS AND RESTRICTED WILD ANIMALS

115990

The foregoing GRF appropriation item 700426, Dangerous and	115991
Restricted Animals, shall be used to administer the Dangerous and	115992
Restricted Wild Animal Permitting Program.	115993

COUNTY AGRICULTURAL SOCIETIES

115994

The foregoing appropriation item 700501, County Agricultural	115995
Societies, shall be used to reimburse county and independent	115996
agricultural societies for expenses related to Junior Fair	115997
activities.	115998

CLEAN OHIO AGRICULTURAL EASEMENT

115999

The foregoing appropriation item 700632, Clean Ohio	116000
Agricultural Easement, shall be used by the Department of	116001
Agriculture in administering Ohio Agricultural Easement Fund (Fund	116002
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	116003
5301.70 of the Revised Code.	116004

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

116005

General Services Fund Group	116006

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		116007
TOTAL GSF General Services Fund					$	240,681		$	240,681		116008

State Special Revenue Fund Group	116009

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	116010
5700	898601	Operating Expenses	$	323,980	$	323,980	116011
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	116012
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	116013
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	116014

Section 213.20. ENERGY STRATEGY DEVELOPMENT

116016

The Energy Strategy Development Program shall develop energy	116017
initiatives, projects, and policy that align with the energy	116018
policy for the state. Issues addressed by such initiatives,	116019
projects, and policy shall not be limited to those governed by	116020
Chapter 3706. of the Revised Code. The Ohio Air Quality	116021
Development Authority shall be responsible for the monitoring of	116022
the program.	116023

There is hereby created in the state treasury the Energy	116024
Strategy Development Fund (Fund 5EG0). The fund shall consist of	116025
money credited to it and money obtained for advanced energy	116026
projects from federal or private grants, loans, or other sources.	116027
Money in the fund shall be used to carry out the purposes of the	116028
program. Interest earned on the money in the fund shall be	116029
credited to the General Revenue Fund.	116030

On July 1 of each fiscal year, or as soon as possible	116031
thereafter, the Director of Budget and Management may transfer	116032
cash from the funds specified below, up to the amounts specified	116033
below, to the Energy Strategy Development Fund. Fund 5EG0 may	116034
accept contributions and transfers made to the fund. On July 1,	116035
2015, or as soon as possible thereafter, the Director shall	116036
transfer to the General Revenue Fund all cash credited to Fund	116037
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	116038

Fund	Fund Name	User	FY 2014	FY 2015	116039
1310	State Agency Construction Project Service	Ohio Facilities Construction Commission	$27,405	$27,439	116040
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	116041
1350	Supportive Services	Development Services Agency	$27,405	$27,439	116042
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	116043
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	116044
7002	Highway Operating	Department of Transportation	$39,150	$39,199	116045

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	116046
AUTHORITY TRUST ACCOUNT	116047

Notwithstanding any other provision of law to the contrary,	116048
the Air Quality Development Authority may reimburse the Air	116049
Quality Development Authority trust account established under	116050
section 3706.10 of the Revised Code from all operating funds of	116051
the agency for expenses pertaining to the administration and	116052
shared costs incurred by the Air Quality Development Authority in	116053
the execution of responsibilities as prescribed in Chapter 3706.	116054
of the Revised Code. Reimbursement shall be made by voucher and	116055
completed in accordance with the administrative indirect costs	116056
allocation plan approved by the Office of Budget and Management.	116057

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

116058

General Services Fund Group	116059

4K90	891609	Operating	$	481,379	$	485,954	116060
TOTAL GSF General Services Fund							116061
Group			$	481,379	$	485,954	116062
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	116063

Section 217.10. ART OHIO ARTS COUNCIL

116065

General Revenue Fund	116066

GRF	370321	Operating Expenses	$	1,599,204	$	1,599,204	116067
GRF	370502	State Program Subsidies	$	8,850,000	$	8,850,000	116068
TOTAL GRF General Revenue Fund			$	10,449,204	$	10,449,204	116069

General Services Fund Group	116070

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	116071
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	116072
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	116073

Federal Special Revenue Fund Group	116074

3140	370601	Federal Support	$	1,000,000	$	1,000,000	116075
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	116076
TOTAL ALL BUDGET FUND GROUPS			$	11,943,204	$	11,943,204	116077

FEDERAL SUPPORT

116078

Notwithstanding any provision of law to the contrary, the	116079
foregoing appropriation item 370601, Federal Support, shall be	116080
used by the Ohio Arts Council for subsidies only, and not for its	116081
administrative costs, unless the Council is required to use a	116082
portion of the funds for administrative costs under conditions of	116083
the federal grant.	116084

Section 219.10. ATH ATHLETIC COMMISSION

116085

General Services Fund Group	116086

4K90	175609	Operating Expenses	$	312,000	$	320,000	116087
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	116088
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	116089

Section 221.10. AGO ATTORNEY GENERAL

116091

General Revenue Fund	116092

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	116093
GRF	055405	Law-Related Education	$	100,000	$	100,000	116094
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	116095
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	116096
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	116097
TOTAL GRF General Revenue Fund			$	45,703,589	$	45,703,589	116098

General Services Fund Group	116099

1060	055612	General Reimbursement	$	54,806,192	$	55,820,716	116100
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	116101
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	116102
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	116103
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	116104
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	116105
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	116106
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	116107
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	116108
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	116109
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	116110
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	116111
TOTAL GSF General Services Fund							116112
Group			$	86,700,872	$	87,642,655	116113

Federal Special Revenue Fund Group	116114

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	116115
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	116116
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	116117
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	116118
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	116119
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	116120
TOTAL FED Federal Special Revenue							116121
Fund Group			$	28,212,406	$	28,263,728	116122

State Special Revenue Fund Group	116123

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	116124
4190	055623	Claims Section	$	55,920,716	$	56,937,131	116125
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	116126
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	116127
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	116128
TOTAL SSR State Special Revenue							116129
Fund Group			$	76,867,116	$	77,790,839	116130

Holding Account Redistribution Fund Group	116131

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	116132
R005	055632	Antitrust Settlements	$	1,000	$	1,000	116133
R018	055630	Consumer Frauds	$	750,000	$	750,000	116134
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	116135
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	116136
TOTAL 090 Holding Account							116137
Redistribution Fund Group			$	6,276,025	$	6,276,025	116138

Tobacco Master Settlement Agreement Fund Group	116139

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	116140
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	116141
TOTAL ALL BUDGET FUND GROUPS			$	244,260,008	$	246,176,836	116142

COUNTY SHERIFFS' PAY SUPPLEMENT

116143

The foregoing appropriation item 055411, County Sheriffs' Pay	116144
Supplement, shall be used for the purpose of supplementing the	116145
annual compensation of county sheriffs as required by section	116146
325.06 of the Revised Code.	116147

At the request of the Attorney General, the Director of	116148
Budget and Management may transfer appropriation from	116149
appropriation item 055321, Operating Expenses, to appropriation	116150
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	116151
transferred shall be used to supplement the annual compensation of	116152
county sheriffs as required by section 325.06 of the Revised Code.	116153

COUNTY PROSECUTORS' PAY SUPPLEMENT

116154

The foregoing appropriation item 055415, County Prosecutors'	116155
Pay Supplement, shall be used for the purpose of supplementing the	116156
annual compensation of certain county prosecutors as required by	116157
section 325.111 of the Revised Code.	116158

At the request of the Attorney General, the Director of	116159
Budget and Management may transfer appropriation from	116160
appropriation item 055321, Operating Expenses, to appropriation	116161
item 055415, County Prosecutors' Pay Supplement. Any appropriation	116162
so transferred shall be used to supplement the annual compensation	116163
of county prosecutors as required by section 325.111 of the	116164
Revised Code.	116165

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	116166
REIMBURSEMENT FUND	116167

Notwithstanding any other provision of law to the contrary,	116168
on July 1, 2013, or as soon as possible thereafter, the Director	116169
of Budget and Management shall transfer $80,000 cash from the	116170
General Revenue Fund to the General Reimbursement Fund (Fund	116171
1060).	116172

WORKERS' COMPENSATION SECTION

116173

The Workers' Compensation Fund (Fund 1950) is entitled to	116174
receive payments from the Bureau of Workers' Compensation and the	116175
Ohio Industrial Commission at the beginning of each quarter of	116176
each fiscal year to fund legal services to be provided to the	116177
Bureau of Workers' Compensation and the Ohio Industrial Commission	116178
during the ensuing quarter. The advance payment shall be subject	116179
to adjustment.	116180

In addition, the Bureau of Workers' Compensation shall	116181
transfer payments at the beginning of each quarter for the support	116182
of the Workers' Compensation Fraud Unit.	116183

All amounts shall be mutually agreed upon by the Attorney	116184
General, the Bureau of Workers' Compensation, and the Ohio	116185
Industrial Commission.	116186

ATTORNEY GENERAL PASS-THROUGH FUNDS

116187

The foregoing appropriation item 055638, Attorney General	116188
Pass-Through Funds, shall be used to receive federal grant funds	116189
provided to the Attorney General by other state agencies,	116190
including, but not limited to, the Department of Youth Services	116191
and the Department of Public Safety.	116192

GENERAL HOLDING ACCOUNT

116193

The foregoing appropriation item 055631, General Holding	116194
Account, shall be used to distribute moneys under the terms of	116195
relevant court orders or other settlements received in a variety	116196
of cases involving the Office of the Attorney General. If it is	116197
determined that additional amounts are necessary for this purpose,	116198
the amounts are hereby appropriated.	116199

ANTITRUST SETTLEMENTS

116200

The foregoing appropriation item 055632, Antitrust	116201
Settlements, shall be used to distribute moneys under the terms of	116202
relevant court orders or other out of court settlements in	116203
antitrust cases or antitrust matters involving the Office of the	116204
Attorney General. If it is determined that additional amounts are	116205
necessary for this purpose, the amounts are hereby appropriated.	116206

CONSUMER FRAUDS

116207

The foregoing appropriation item 055630, Consumer Frauds,	116208
shall be used for distribution of moneys from court-ordered	116209
judgments against sellers in actions brought by the Office of	116210
Attorney General under sections 1334.08 and 4549.48 and division	116211
(B) of section 1345.07 of the Revised Code. These moneys shall be	116212
used to provide restitution to consumers victimized by the fraud	116213
that generated the court-ordered judgments. If it is determined	116214
that additional amounts are necessary for this purpose, the	116215
amounts are hereby appropriated.	116216

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

116217

The foregoing appropriation item 055601, Organized Crime	116218
Commission Distributions, shall be used by the Organized Crime	116219
Investigations Commission, as provided by section 177.011 of the	116220
Revised Code, to reimburse political subdivisions for the expenses	116221
the political subdivisions incur when their law enforcement	116222
officers participate in an organized crime task force. If it is	116223
determined that additional amounts are necessary for this purpose,	116224
the amounts are hereby appropriated.	116225

COLLECTION PAYMENT REDISTRIBUTION

116226

The foregoing appropriation item 055650, Collection Payment	116227
Redistribution, shall be used for the purpose of allocating the	116228
revenue where debtors mistakenly paid the client agencies instead	116229
of the Attorney General's Collections Enforcement Section. If it	116230
is determined that additional amounts are necessary for this	116231
purpose, the amounts are hereby appropriated.	116232

Section 223.10. AUD AUDITOR OF STATE

116233

General Revenue Fund	116234

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	116235
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	116236
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	116237

Auditor of State Fund Group	116238

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	116239
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	116240
5840	070603	Training Program	$	181,730	$	181,250	116241
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	116242
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	116243
TOTAL AUD Auditor of State Fund							116244
Group			$	44,196,066	$	44,219,012	116245
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	116246

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

116247

The foregoing appropriation item 070403, Fiscal	116248
Watch/Emergency Technical Assistance, shall be used for expenses	116249
incurred by the Office of the Auditor of State in its role	116250
relating to fiscal watch or fiscal emergency activities under	116251
Chapters 118. and 3316. of the Revised Code. Expenses include, but	116252
are not limited to, the following: duties related to the	116253
determination or termination of fiscal watch or fiscal emergency	116254
of municipal corporations, counties, townships, or school	116255
districts; development of preliminary accounting reports;	116256
performance of annual forecasts; provision of performance audits;	116257
and supervisory, accounting, or auditing services for the	116258
municipal corporations, counties, townships, or school districts.	116259

Section 225.10. BRB BOARD OF BARBER EXAMINERS

116260

General Services Fund Group	116261

4K90	877609	Operating Expenses	$	670,882	$	674,272	116262
TOTAL GSF General Services Fund							116263
Group			$	670,882	$	674,272	116264
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	116265

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

116267

General Revenue Fund	116268

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	116269
GRF	042409	Commission Closures	$	304,000	$	155,000	116270
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	116271
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	116272
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	116273

General Services Fund Group	116274

1050	042603	Financial Management	$	14,060,275	$	14,451,086	116275
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	116276
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	116277

Federal Special Revenue Fund Group	116278

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		116279
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		116280

Agency Fund Group	116281

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	116282
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	116283
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	116284

COMMISSION CLOSURES

116285

The foregoing appropriation item 042409, Commission Closures,	116286
may be used to pay obligations associated with the closure of any	116287
state agency, whether in the executive, legislative, or judicial	116288
branch of government. Notwithstanding any provision of law to the	116289
contrary, this appropriation item may also be used to pay final	116290
payroll expenses occurring after the closure of any state agency,	116291
whether in the executive, legislative, or judicial branch of	116292
government in the event that appropriations or cash in the closing	116293
agency are insufficient to do so.	116294

The Director of Budget and Management may request Controlling	116295
Board approval for funds to be transferred to appropriation item	116296
042409, Commission Closures, from appropriation item 911614, CB	116297
Emergency Purposes, for anticipated expenses associated with	116298
agency closures.	116299

AUDIT COSTS AND DUES

116300

All centralized audit costs associated with either Single	116301
Audit Schedules or financial statements prepared in conformance	116302
with generally accepted accounting principles for the state shall	116303
be paid from the foregoing appropriation item 042603, Financial	116304
Management.	116305

Costs associated with the audit of the Auditor of State and	116306
national association dues shall be paid from the foregoing	116307
appropriation item 042321, Budget Development and Implementation.	116308

SHARED SERVICES CENTER

116309

The foregoing appropriation items 042425, Shared Services	116310
Development, and 042620, Shared Services Operating, shall be used	116311
by the Director of Budget and Management to support a Shared	116312
Services Center within the Office of Budget and Management for the	116313
purpose of consolidating statewide business functions and common	116314
transactional processes.	116315

The Director of Budget and Management shall include the	116316
recovery of costs to operate the Shared Services Center in the	116317
accounting and budgeting services payroll rate and through a	116318
direct charges using intrastate transfer vouchers to agencies for	116319
services rendered. The Director of Budget and Management shall	116320
determine the cost recovery methodology. Such cost recovery	116321
revenues shall be deposited to the credit of Fund 1050.	116322

INTERNAL AUDIT

116323

The Director of Budget and Management shall include the	116324
recovery of costs to operate the Internal Audit Program in the	116325
accounting and budgeting services payroll rate and through a	116326
direct charge using intrastate transfer vouchers to agencies	116327
reviewed by the program. The Director of Budget and Management,	116328
with advice from the Internal Audit Advisory Council, shall	116329
determine the cost recovery methodology. Such cost recovery	116330
revenues shall be deposited to the credit of the Accounting and	116331
Budgeting Fund (Fund 1050).	116332

FORGERY RECOVERY

116333

The foregoing appropriation item 042604, Forgery Recovery,	116334
shall be used to reissue warrants that have been certified as	116335
forgeries by the rightful recipient as determined by the Bureau of	116336
Criminal Identification and Investigation and the Treasurer of	116337
State. Upon receipt of funds to cover the reissuance of the	116338
warrant, the Director of Budget and Management shall reissue a	116339
state warrant of the same amount. Any additional amounts needed to	116340
reissue warrants backed by the receipt of funds are hereby	116341
appropriated.	116342

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

116343

On or before December 31, 2013, the Director of Budget and	116344
Management shall transfer the cash balances of the OAKS Project	116345
Implementation Fund (Fund 5N40) and the Office of Health	116346
Transformation Administration Fund (Fund 5Z80) to the General	116347
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	116348
5Z80 are abolished.	116349

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

116350

General Revenue Fund	116351

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	116352
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	116353
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	116354

General Services Fund Group	116355

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	116356
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	116357
TOTAL GSF General Services							116358
Fund Group			$	635,291	$	635,291	116359

Underground Parking Garage	116360

2080	874601	Underground Parking Garage Operations	$	3,039,740	$	2,981,740	116361
TOTAL UPG Underground Parking							116362
Garage			$	3,039,740	$	2,981,740	116363
TOTAL ALL BUDGET FUND GROUPS			$	7,253,596	$	7,195,596	116364

WAREHOUSE PAYMENTS

116365

Of the foregoing appropriation item 874601, Underground	116366
Parking Garage Operations, $48,000 in each fiscal year shall be	116367
used to meet all payments at the times they are required to be	116368
made during the period from July 1, 2013, through June 30, 2015,	116369
to the Department of Administrative Services for bond service	116370
charges relating to the purchase and improvement of a warehouse	116371
acquired pursuant to section 105.41 of the Revised Code, in which	116372
to store items of the Capitol Collection Trust and, whenever	116373
necessary, equipment or other property of the Board.	116374

UNDERGROUND PARKING GARAGE FUND

116375

Notwithstanding division (G) of section 105.41 of the Revised	116376
Code and any other provision to the contrary, moneys in the	116377
Underground Parking Garage Fund (Fund 2080) may be used for	116378
personnel and operating costs related to the operations of the	116379
Statehouse and the Statehouse Underground Parking Garage.	116380

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	116381
SCHOOLS	116382

General Services Fund Group	116383

4K90	233601	Operating Expenses	$	579,328	$	579,328	116384
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	116385
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	116386

Section 233.10. CAC CASINO CONTROL COMMISSION

116388

State Special Revenue Fund Group	116389

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	116390
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	116391
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	116392

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

116394

General Services Fund Group	116395

4K90	930609	Operating Expenses	$	476,642	$	469,349	116396
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	116397
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	116398

Section 237.10. CHR STATE CHIROPRACTIC BOARD

116400

General Services Fund Group	116401

4K90	878609	Operating Expenses	$	617,829	$	630,775	116402
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	116403
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	116404

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

116406

General Revenue Fund	116407

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		116408
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		116409

General Services Fund Group	116410

2170	876604	Operations Support	$	4,000	$	4,000	116411
TOTAL GSF General Services							116412
Fund Group			$	4,000	$	4,000	116413

Federal Special Revenue Fund Group	116414

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	116415
TOTAL FED Federal Special Revenue							116416
Fund Group			$	2,820,670	$	2,947,983	116417

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

116418

Section 241.10. COM DEPARTMENT OF COMMERCE

116420

General Services Fund Group	116421

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	116422
1630	800637	Information Technology	$	6,011,977	$	6,011,977	116423
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	116424
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	116425
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	116426
TOTAL GSF General Services Fund							116427
Group			$	84,249,523	$	84,249,523	116428

Federal Special Revenue Fund Group	116429

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	116430
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	116431
TOTAL FED Federal Special Revenue							116432
Fund Group			$	2,685,729	$	2,685,729	116433

State Special Revenue Fund Group	116434

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	116435
4H90	800608	Cemeteries	$	266,688	$	266,688	116436
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	116437
5440	800612	Banks	$	6,836,589	$	6,836,589	116438
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	116439
5460	800610	Fire Marshal	$	15,315,738	$	15,324,574	116440
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	116441
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	116442
5480	800611	Real Estate Recovery	$	50,000	$	50,000	116443
5490	800614	Real Estate	$	3,310,412	$	3,310,412	116444
5500	800617	Securities	$	4,238,814	$	4,238,814	116445
5520	800604	Credit Union	$	3,297,888	$	3,297,888	116446
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	116447
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	116448
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	116449
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	116450
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	116451
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	116452
5X60	800623	Video Service	$	337,224	$	337,224	116453
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	116454
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	116455
TOTAL SSR State Special Revenue							116456
Fund Group			$	83,409,588	$	83,546,425	116457

Liquor Control Fund Group	116458

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	209,279	$	198,097	116459
5LN0	800645	Liquor Operating Services	$	5,231,967	$	4,952,417	116460
TOTAL LCF Liquor Control							116461
Fund Group			$	5,441,246	$	5,150,514	116462
TOTAL ALL BUDGET FUND GROUPS			$	175,786,086	$	175,632,191	116463

ADMINISTRATIVE ASSESSMENTS

116464

Notwithstanding any other provision of law to the contrary,	116465
the Division of Administration Fund (Fund 1630) is entitled to	116466
receive assessments from all operating funds of the Department in	116467
accordance with procedures prescribed by the Director of Commerce	116468
and approved by the Director of Budget and Management.	116469

UNCLAIMED FUNDS PAYMENTS

116470

The foregoing appropriation item 800625, Unclaimed	116471
Funds-Claims, shall be used to pay claims under section 169.08 of	116472
the Revised Code. If it is determined that additional amounts are	116473
necessary, the amounts are appropriated.	116474

FIRE DEPARTMENT GRANTS

116475

Of the foregoing appropriation item 800639, Fire Department	116476
Grants, up to $2,198,802 in each fiscal year shall be used to make	116477
annual grants to the following eligible recipients: volunteer fire	116478
departments, fire departments that serve one or more small	116479
municipalities or small townships, joint fire districts comprised	116480
of fire departments that primarily serve small municipalities or	116481
small townships, local units of government responsible for such	116482
fire departments, and local units of government responsible for	116483
the provision of fire protection services for small municipalities	116484
or small townships. For the purposes of these grants, a private	116485
fire company, as that phrase is defined in section 9.60 of the	116486
Revised Code, that is providing fire protection services under a	116487
contract to a political subdivision of the state, is an additional	116488
eligible recipient for a training grant.	116489

Eligible recipients that consist of small municipalities or	116490
small townships that all intend to contract with the same fire	116491
department or private fire company for fire protection services	116492
may jointly apply and be considered for a grant. If a joint	116493
applicant is awarded a grant, the State Fire Marshal shall, if	116494
feasible, proportionately award the grant and any equipment	116495
purchased with grant funds to each of the joint applicants based	116496
upon each applicant's contribution to and demonstrated need for	116497
fire protection services.	116498

If the grant awarded to joint applicants is an equipment	116499
grant and the equipment to be purchased cannot be readily	116500
distributed or possessed by multiple recipients, each of the joint	116501
applicants shall be awarded by the State Fire Marshal an ownership	116502
interest in the equipment so purchased in proportion to each	116503
applicant's contribution to and demonstrated need for fire	116504
protection services. The joint applicants shall then mutually	116505
agree on how the equipment is to be maintained, operated, stored,	116506
or disposed of. If, for any reason, the joint applicants cannot	116507
agree as to how jointly owned equipment is to be maintained,	116508
operated, stored, or disposed of or any of the joint applicants no	116509
longer maintain a contract with the same fire protection service	116510
provider as the other applicants, then the joint applicants shall,	116511
with the assistance of the State Fire Marshal, mutually agree as	116512
to how the jointly owned equipment is to be maintained, operated,	116513
stored, disposed of, or owned. If the joint applicants cannot	116514
agree how the grant equipment is to be maintained, operated,	116515
stored, disposed of, or owned, the State Fire Marshal may, in its	116516
discretion, require all of the equipment acquired by the joint	116517
applicants with grant funds to be returned to the State Fire	116518
Marshal. The State Fire Marshal may then award the returned	116519
equipment to any eligible recipients.	116520

Except as otherwise provided in this section, the grants	116521
shall be used by recipients to purchase firefighting or rescue	116522
equipment or gear or similar items, to provide full or partial	116523
reimbursement for the documented costs of firefighter training,	116524
or, at the discretion of the State Fire Marshal, to cover fire	116525
department costs for providing fire protection services in that	116526
grant recipient's jurisdiction.	116527

Of the foregoing appropriation item 800639, up to $500,000	116528
per fiscal year may be used to pay for the State Fire Marshal's	116529
costs of providing firefighter I certification classes or other	116530
firefighter classes approved by the Department of Public Safety in	116531
accordance with section 4765.55 of the Revised Code at no cost to	116532
selected students attending the Ohio Fire Academy or other class	116533
providers approved by the State Fire Marshal. The State Fire	116534
Marshal may establish the qualifications and selection processes	116535
for students to attend such classes by written policy, and such	116536
students shall be considered eligible recipients of fire	116537
department grants for the purposes of this portion of the grant	116538
program.	116539

Grant awards for firefighting or rescue equipment or gear or	116540
for fire department costs of providing fire protection services	116541
shall be up to $15,000 per fiscal year, or up to $25,000 per	116542
fiscal year if an eligible entity serves a jurisdiction in which	116543
the Governor declared a natural disaster during the preceding or	116544
current fiscal year in which the grant was awarded. In addition to	116545
any grant funds awarded for rescue equipment or gear, or for fire	116546
department costs associated with the provision of fire protection	116547
services, an eligible entity may receive a grant for up to $15,000	116548
per fiscal year for full or partial reimbursement of the	116549
documented costs of firefighter training. For each fiscal year,	116550
the State Fire Marshal shall determine the total amounts to be	116551
allocated for each eligible purpose.	116552

The grant program shall be administered by the State Fire	116553
Marshal in accordance with rules the State Fire Marshal adopts as	116554
part of the state fire code adopted pursuant to section 3737.82 of	116555
the Revised Code that are necessary for the administration and	116556
operation of the grant program. The rules may further define the	116557
entities eligible to receive grants and establish criteria for the	116558
awarding and expenditure of grant funds, including methods the	116559
State Fire Marshal may use to verify the proper use of grant funds	116560
or to obtain reimbursement for or the return of equipment for	116561
improperly used grant funds. Any amounts in appropriation item	116562
800639, Fire Department Grants, in excess of the amount allocated	116563
for these grants may be used for the administration of the grant	116564
program.	116565

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

116566

The Director of Budget and Management, upon the request of	116567
the Director of Commerce, may transfer up to $500,000 in cash from	116568
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	116569
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	116570
the Division of Real Estate Operating Fund (Fund 5490) during the	116571
biennium ending June 30, 2015.	116572

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

116573

General Services Fund Group	116574

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	116575
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	116576
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	116577

Section 245.10. CEB CONTROLLING BOARD

116579

General Revenue Fund	116580

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		116581
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		116582

General Services Fund Group	116583

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	116584
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	116585
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	116586

FEDERAL SHARE

116587

In transferring appropriations to or from appropriation items	116588
that have federal shares identified in this act, the Controlling	116589
Board shall add or subtract corresponding amounts of federal	116590
matching funds at the percentages indicated by the state and	116591
federal division of the appropriations in this act. Such changes	116592
are hereby appropriated.	116593

DISASTER SERVICES

116594

Pursuant to requests submitted by the Department of Public	116595
Safety, the Controlling Board may approve transfers from the	116596
Disaster Services Fund (5E20) to a fund and appropriation item	116597
used by the Department of Public Safety to provide for assistance	116598
to political subdivisions made necessary by natural disasters or	116599
emergencies. These transfers may be requested and approved prior	116600
to the occurrence of any specific natural disasters or emergencies	116601
in order to facilitate the provision of timely assistance. The	116602
Emergency Management Agency of the Department of Public Safety	116603
shall use the funding to fund the State Disaster Relief Program	116604
for disasters that have a written Governor's authorization, and	116605
the State Individual Assistance Program for disasters that have a	116606
written Governor's authorization and is declared by the federal	116607
Small Business Administration. The Ohio Emergency Management	116608
Agency shall publish and make available application packets	116609
outlining procedures for the State Disaster Relief Program and the	116610
State Individual Assistance Program.	116611

Fund 5E20 shall be used by the Controlling Board, pursuant to	116612
requests submitted by state agencies, to transfer cash and	116613
appropriations to any fund and appropriation item for the payment	116614
of state agency disaster relief program expenses for disasters	116615
that have a written Governor's authorization, if the Director of	116616
Budget and Management determines that sufficient funds exist.	116617

BALLOT ADVERTISING COSTS

116618

Pursuant to section 3501.17 of the Revised Code, and upon	116619
requests submitted by the Secretary of State, the Controlling	116620
Board shall approve transfers from the foregoing appropriation	116621
item 911441, Ballot Advertising Costs, to appropriation item	116622
050621, Statewide Ballot Advertising, in order to pay for the cost	116623
of public notices associated with statewide ballot initiatives.	116624

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	116625
ELIGIBILITY	116626

A state agency director shall request that the Controlling	116627
Board increase the amount of the agency's capital appropriations	116628
if the director determines such an increase is necessary for the	116629
agency to receive and use funds under the federal American	116630
Recovery and Reinvestment Act of 2009. The Controlling Board may	116631
increase the capital appropriations pursuant to the request up to	116632
the exact amount necessary under the federal act if the Board	116633
determines it is necessary for the agency to receive and use those	116634
federal funds.	116635

Section 247.10. COS STATE BOARD OF COSMETOLOGY

116636

General Services Fund Group	116637

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	116638
TOTAL GSF General Services Fund							116639
Group			$	3,474,030	$	3,474,030	116640
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	116641

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	116643
AND FAMILY THERAPIST BOARD	116644

General Services Fund Group	116645

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	116646
TOTAL GSF General Services Fund							116647
Group			$	1,265,856	$	1,281,478	116648
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	116649

Section 251.10. CLA COURT OF CLAIMS

116651

General Revenue Fund	116652

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		116653
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		116654

State Special Revenue Fund Group	116655

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	116656
TOTAL SSR State Special Revenue							116657
Fund Group			$	415,556	$	415,953	116658
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	116659

Section 253.10. DEN STATE DENTAL BOARD

116661

General Services Fund Group	116662

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	116663
TOTAL GSF General Services Fund							116664
Group			$	1,566,484	$	1,566,484	116665
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	116666

Section 255.10. BDP BOARD OF DEPOSIT

116668

General Services Fund Group	116669

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	116670
TOTAL GSF General Services Fund							116671
Group			$	1,876,000	$	1,876,000	116672
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	116673

BOARD OF DEPOSIT EXPENSE FUND

116674

Upon receiving certification of expenses from the Treasurer	116675
of State, the Director of Budget and Management shall transfer	116676
cash from the Investment Earnings Redistribution Fund (Fund 6080)	116677
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	116678
shall be used pursuant to section 135.02 of the Revised Code to	116679
pay for any and all necessary expenses of the Board of Deposit or	116680
for banking charges and fees required for the operation of the	116681
State of Ohio Regular Account.	116682

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

116683

General Revenue Fund	116684

GRF	195402	Coal Research Operating	$	261,205	$	261,405	116685
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	116686
GRF	195407	Travel and Tourism	$	1,300,000	$	0	116687
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	116688
GRF	195426	Redevelopment Assistance	$	468,365	$	468,365	116689
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	116690
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	116691
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	116692
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	116693
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	116694
GRF	195537	Ohio Israel Agricultural Initiative	$	150,000	$	150,000	116695
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	116696
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	116697
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	116698
TOTAL GRF General Revenue Fund			$	114,210,145	$	135,276,145	116699

General Services Fund Group	116700

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	116701
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	116702
5KN0	195640	Local Government Innovation	$	20,130,986	$	20,000,000	116703
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	116704
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	116705
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	116706
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	116707
TOTAL GSF General Services Fund							116708
Group			$	50,280,986	$	35,150,000	116709

Federal Special Revenue Fund Group	116710

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	116711
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	116712
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	116713
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	116714
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	116715
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	116716
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	116717
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	116718
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	116719
3350	195610	Energy Programs	$	200,000	$	200,000	116720
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	116721
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	116722
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	116723
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	116724
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	116725
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	116726
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	116727
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	116728
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	116729
TOTAL FED Federal Special Revenue							116730
Fund Group			$	417,389,090	$	375,260,494	116731

State Special Revenue Fund Group	116732

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	116733
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	116734
4F20	195639	State Special Projects	$	102,145	$	102,104	116735
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	116736
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	116737
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	116738
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	116739
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	116740
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	116741
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	116742
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	116743
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	116744
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	116745
5MJ0	195683	TourismOhio Administration	$	7,000,000	$	8,000,000	116746
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	116747
6170	195654	Volume Cap Administration	$	32,562	$	32,562	116748
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	116749
TOTAL SSR State Special Revenue							116750
Fund Group			$	473,628,375	$	463,028,371	116751

Facilities Establishment Fund Group	116752

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	116753
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	116754
7010	195665	Research and Development	$	22,000,000	$	22,000,000	116755
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	116756
TOTAL 037 Facilities							116757
Establishment Fund Group			$	90,000,000	$	90,000,000	116758

Clean Ohio Revitalization Fund	116759

7003	195663		Clean Ohio Program		$	950,000		$	950,000		116760
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		116761

Third Frontier Research & Development Fund Group	116762

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	116763
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	116764
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	116765
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	116766
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	116767

Job Ready Site Development Fund Group	116768

7012	195688		Job Ready Site Development		$	800,000		$	800,000		116769
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		116770

Tobacco Master Settlement Agreement Fund Group	116771

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	116772
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	116773
TOTAL ALL BUDGET FUND GROUPS			$	1,281,155,191	$	1,234,371,035	116774

Section 257.20. COAL RESEARCH OPERATING

116776

The foregoing appropriation item 195402, Coal Research	116777
Operating, shall be used for the operating expenses of the	116778
Community Services Division in support of the Ohio Coal	116779
Development Office.	116780

TRAVEL AND TOURISM

116781

The foregoing appropriation item 195407, Travel and Tourism,	116782
shall be used for marketing the state of Ohio as a tourism	116783
destination and to support administrative expenses and contracts	116784
necessary to market Ohio.	116785

BUSINESS DEVELOPMENT SERVICES

116786

The foregoing appropriation item 195415, Business Development	116787
Services, shall be used for the operating expenses of the Business	116788
Services Division and the regional economic development offices	116789
and for grants for cooperative economic development ventures.	116790

REDEVELOPMENT ASSISTANCE

116791

The foregoing appropriation item 195426, Redevelopment	116792
Assistance, shall be used to fund the costs of administering the	116793
Clean Ohio Revitalization program and other urban revitalization	116794
programs that may be implemented by the Development Services	116795
Agency.	116796

CDBG OPERATING MATCH

116797

The foregoing appropriation item 195497, CDBG Operating	116798
Match, shall be used as matching funds for grants from the United	116799
States Department of Housing and Urban Development pursuant to the	116800
Housing and Community Development Act of 1974 and regulations and	116801
policy guidelines for the programs pursuant thereto.	116802

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

116803

The foregoing appropriation item 195501, Appalachian Local	116804
Development Districts, shall be used to support four local	116805
development districts. Of the foregoing appropriation amount in	116806
each fiscal year, up to $135,000 shall be allocated to the Ohio	116807
Valley Regional Development Commission, up to $135,000 shall be	116808
allocated to the Ohio Mid-Eastern Government Association, up to	116809
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	116810
Regional Development District, and up to $35,000 shall be	116811
allocated to the Eastgate Regional Council of Governments. Local	116812
development districts receiving funding under this section shall	116813
use the funds for the implementation and administration of	116814
programs and duties under section 107.21 of the Revised Code.	116815

TECHNOLOGY PROGRAMS AND GRANTS

116816

Of the foregoing appropriation item 195532, Technology	116817
Programs and Grants, up to $547,341 in each fiscal year shall be	116818
used for operating expenses incurred in administering the Ohio	116819
Third Frontier pursuant to sections 184.10 to 184.20 of the	116820
Revised Code; and up to $13,000,000 in each fiscal year shall be	116821
used for the Thomas Edison Program pursuant to sections 122.28 to	116822
122.38 of the Revised Code, of which not less than $8,700,000	116823
shall be allocated for the Edison Center Network entities defined	116824
in division (C) of section 122.33 of the Revised Code, and not	116825
more than ten per cent shall be used for operating expenses	116826
incurred in administering the program.	116827

BUSINESS ASSISTANCE

116828

The foregoing appropriation item 195533, Business Assistance,	116829
may be used to provide a range of business assistance, including	116830
grants to local organizations to support economic development	116831
activities that promote minority business development, small	116832
business development, entrepreneurship, and exports of Ohio's	116833
goods and services. This appropriation item shall also be used as	116834
matching funds for grants from the United States Small Business	116835
Administration and other federal agencies, pursuant to Public Law	116836
No. 96-302 as amended by Public Law No. 98-395, and regulations	116837
and policy guidelines for the programs pursuant thereto.	116838

APPALACHIA ASSISTANCE

116839

The foregoing appropriation item 195535, Appalachia	116840
Assistance, may be used for the administrative costs of planning	116841
and liaison activities for the Governor's Office of Appalachia, to	116842
provide financial assistance to projects in Ohio's Appalachian	116843
counties, and to pay dues for the Appalachian Regional Commission.	116844
These funds may be used to match federal funds from the	116845
Appalachian Regional Commission.	116846

OHIO ISRAEL AGRICULTURE INITIATIVE

116847

The foregoing appropriation item 195537, Ohio Israel	116848
Agricultural Initiative, shall be used for the Ohio - Israel	116849
Agricultural Initiative.	116850

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

116851

The foregoing appropriation line item 195901, Coal Research	116852
and Development General Obligation Debt Service, shall be used to	116853
pay all debt service and related financing costs during the period	116854
July 1, 2013, through June 30, 2015 for obligations issued under	116855
sections 151.01 and 151.07 of the Revised Code.	116856

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	116857
SERVICE	116858

The foregoing appropriation item 195905, Third Frontier	116859
Research & Development General Obligation Debt Service, shall be	116860
used to pay all debt service and related financing costs during	116861
the period from July 1, 2013, through June 30, 2015, on	116862
obligations issued for research and development purposes under	116863
sections 151.01 and 151.10 of the Revised Code.	116864

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

116865

The foregoing appropriation item 195912, Job Ready Site	116866
Development General Obligation Debt Service, shall be used to pay	116867
all debt service and related financing costs during the period	116868
from July 1, 2013, through June 30, 2015, on obligations issued	116869
for job ready site development purposes under sections 151.01 and	116870
151.11 of the Revised Code.	116871

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

116872

The Director of Development Services may assess offices of	116873
the agency for the cost of central service operations. An	116874
assessment shall contain the characteristics of administrative	116875
ease and uniform application. A division's payments shall be	116876
credited to the Supportive Services Fund (Fund 1350) using an	116877
intrastate transfer voucher.	116878

LOCAL GOVERNMENT INNOVATION FUND

116879

The Director of Budget and Management shall transfer	116880
$4,000,000 in cash in each fiscal year from the General Revenue	116881
Fund to the Local Government Innovation Fund (Fund 5KN0). The	116882
foregoing appropriation item 195640, Local Government Innovation,	116883
shall be used for the purposes of making loans and grants to	116884
political subdivisions under the Local Government Innovation	116885
Program in accordance with sections 189.01 to 189.10 of the	116886
Revised Code. Notwithstanding section 189.04 of the Revised Code,	116887
of the foregoing appropriation item 195640, Local Government	116888
Innovation, up to $4,000,000 in each fiscal year shall be used for	116889
grants under the Local Government Innovation Program established	116890
in section 189.02 of the Revised Code, and up to $175,000 in each	116891
fiscal year shall be used for administrative costs incurred by the	116892
Development Services Agency.	116893

TRAVEL AND TOURISM COOPERATIVE PROJECTS

116894

The foregoing appropriation item 195690, Travel and Tourism	116895
Cooperative Projects, shall consist solely of leveraged private	116896
sector paid advertising dollars received in tourism marketing	116897
assistance and co-op programs. These funds are to be used for the	116898
marketing and promotion of travel and tourism in Ohio.	116899

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

116900

The foregoing appropriation item 195636, Development Services	116901
Reimbursable Expenditures, shall be used for reimbursable costs	116902
incurred by the agency. Revenues to the General Reimbursement Fund	116903
(Fund 6850) shall consist of moneys charged for administrative	116904
costs that are not central service costs.	116905

Section 257.40. HEAP WEATHERIZATION

116906

Not less than fifteen per cent of the federal funds deposited	116907
to the credit of the Home Energy Assistance Block Grant Fund (Fund	116908
3K90) shall be expended from appropriation item 195614, HEAP	116909
Weatherization, to provide home weatherization services in the	116910
state as determined by the Director of Development Services. Any	116911
transfers or increases in appropriation for the foregoing	116912
appropriation items 195614, HEAP Weatherization, or 195611, Home	116913
Energy Assistance Block Grant, shall be subject to approval by the	116914
Controlling Board.	116915

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

116916

The foregoing appropriation item 195649, Business Assistance	116917
Programs, shall be used for administrative expenses associated	116918
with the operation of tax credit programs, loan servicing, the	116919
Ohio Film Office, workforce initiatives, and the Office of	116920
Strategic Business Investments, and for payments to the JobsOhio	116921
corporation established in Chapter 187. of the Revised Code for	116922
services provided for the administration of the 166 Direct Loan	116923
Program, Ohio Enterprise Bond Fund, Research and Development Loan	116924
Program, and Innovation Ohio Loan Program.	116925

STATE SPECIAL PROJECTS

116926

The State Special Projects Fund (Fund 4F20), may be used for	116927
the deposit of private-sector funds from utility companies and for	116928
the deposit of other miscellaneous state funds. State moneys so	116929
deposited may also be used to match federal housing grants for the	116930
homeless.	116931

MINORITY BUSINESS ENTERPRISE LOAN

116932

All repayments from the Minority Development Financing	116933
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	116934
Program shall be deposited in the State Treasury to the credit of	116935
the Minority Business Enterprise Loan Fund (Fund 4W10).	116936

MINORITY BUSINESS BONDING FUND

116937

Notwithstanding Chapters 122., 169., and 175. of the Revised	116938
Code, the Director of Development Services may, upon the	116939
recommendation of the Minority Development Financing Advisory	116940
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	116941
year 2015 biennium of unclaimed funds administered by the Director	116942
of Commerce and allocated to the Minority Business Bonding Program	116943
under section 169.05 of the Revised Code.	116944

If needed for the payment of losses arising from the Minority	116945
Business Bonding Program, the Director of Budget and Management	116946
may, at the request of the Director of Development Services,	116947
request that the Director of Commerce transfer unclaimed funds	116948
that have been reported by holders of unclaimed funds under	116949
section 169.05 of the Revised Code to the Minority Bonding Fund	116950
(Fund 4490). The transfer of unclaimed funds shall only occur	116951
after proceeds of the initial transfer of $2,700,000 by the	116952
Controlling Board to the Minority Business Bonding Program have	116953
been used for that purpose. If expenditures are required for	116954
payment of losses arising from the Minority Business Bonding	116955
Program, such expenditures shall be made from appropriation item	116956
195658, Minority Business Bonding Contingency in the Minority	116957
Business Bonding Fund, and such amounts are hereby appropriated.	116958

INCUMBENT WORKFORCE TRAINING VOUCHERS

116959

(A) The Director of Budget and Management may transfer up to	116960
$30,000,000 cash in each fiscal year from the Economic Development	116961
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	116962
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	116963
Development Services Agency.	116964

(B) Of the foregoing appropriation item 195526, Incumbent	116965
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	116966
shall be used to support the Ohio Incumbent Workforce Training	116967
Voucher Program.	116968

(C) The Ohio Incumbent Workforce Training Voucher Program	116969
shall conform to guidelines for the operation of the program,	116970
including, but not limited to, the following:	116971

(1) A requirement that a training voucher under the program	116972
shall not exceed $6,000 per worker per year;	116973

(2) A provision for an employer of an eligible employee to	116974
apply for a voucher on behalf of the eligible employee;	116975

(3) A provision for an eligible employee to apply directly	116976
for a training voucher with the pre-approval of the employee's	116977
employer; and	116978

(4) A requirement that an employee participating in the	116979
program, or the employee's employer, shall pay for not less than	116980
thirty-three per cent of the training costs under the program.	116981

On July 1, 2014, or as soon as possible thereafter, the	116982
Director of Development Services may request that the Director of	116983
Budget and Management reappropriate any unexpended, unencumbered	116984
balance of the prior fiscal year's appropriation to the foregoing	116985
appropriation item 195526, Incumbent Workforce Training Vouchers,	116986
for fiscal year 2015. The Director of Budget and Management may	116987
request additional information necessary for evaluating the	116988
request, and the Director of Development Services shall provide	116989
the requested information to the Director of Budget and	116990
Management. Based on the information provided by the Director of	116991
Development Services, the Director of Budget and Management shall	116992
determine the amount to be reappropriated, and those amounts are	116993
hereby reappropriated for fiscal year 2015.	116994

DEFENSE DEVELOPMENT ASSISTANCE

116995

The Director of Budget and Management may transfer up to	116996
$5,000,000 in cash in each fiscal year from the Economic	116997
Development Programs Fund (Fund 5JC0) used by the Board of Regents	116998
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	116999
by the Development Services Agency. The transferred funds shall be	117000
used for appropriation item 195622, Defense Development	117001
Assistance, for economic development programs and the creation of	117002
new jobs to leverage and support mission gains at Department of	117003
Defense facilities in Ohio by working with future base realignment	117004
and closure activities and ongoing Department of Defense	117005
efficiency initiatives, assisting efforts to secure Department of	117006
Defense support contracts for Ohio companies, assessing and	117007
supporting regional job training and workforce development needs	117008
generated by the Department of Defense and the Ohio aerospace	117009
industry, and for expanding job training and economic development	117010
programs in human performance related initiatives. A portion of	117011
these funds shall be matched by private industry partners or the	117012
Department of Defense.	117013

On July 1, 2014, or as soon as possible thereafter, the	117014
Director of Development Services may request that the Director of	117015
Budget and Management reappropriate any unexpended, unencumbered	117016
balance of the prior fiscal year's appropriation to the foregoing	117017
appropriation item 195622, Defense Development Assistance, for	117018
fiscal year 2015. The Director of Budget and Management may	117019
request additional information necessary for evaluating the	117020
request, and the Director of Development Services shall provide	117021
the requested information to the Director of Budget and	117022
Management. Based on the information provided by the Director of	117023
Development Services, the Director of Budget and Management shall	117024
determine the amount to be reappropriated, and those amounts are	117025
hereby reappropriated for fiscal year 2015.	117026

ADVANCED ENERGY LOAN PROGRAMS

117027

The foregoing appropriation item 195660, Advanced Energy Loan	117028
Programs, shall be used to provide financial assistance to	117029
customers for eligible advanced energy projects for residential,	117030
commercial, and industrial business, local government, educational	117031
institution, nonprofit, and agriculture customers, and to pay for	117032
the program's administrative costs as provided in sections 4928.61	117033
to 4928.63 of the Revised Code and rules adopted by the Director	117034
of Development Services.	117035

VOLUME CAP ADMINISTRATION

117036

The foregoing appropriation item 195654, Volume Cap	117037
Administration, shall be used for expenses related to the	117038
administration of the Volume Cap Program. Revenues received by the	117039
Volume Cap Administration Fund (Fund 6170) shall consist of	117040
application fees, forfeited deposits, and interest earned from the	117041
custodial account held by the Treasurer of State.	117042

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

117043

The foregoing appropriation item 195628, Capital Access Loan	117044
Program, shall be used for operating, program, and administrative	117045
expenses of the program. Funds of the Capital Access Loan Program	117046
shall be used to assist participating financial institutions in	117047
making program loans to eligible businesses that face barriers in	117048
accessing working capital and obtaining fixed-asset financing.	117049

INNOVATION OHIO LOAN FUND

117050

The foregoing appropriation item 195664, Innovation Ohio,	117051
shall be used to provide for Innovation Ohio purposes, including	117052
loan guarantees and loans under Chapter 166. and particularly	117053
sections 166.12 to 166.16 of the Revised Code.	117054

RESEARCH AND DEVELOPMENT

117055

The foregoing appropriation item 195665, Research and	117056
Development, shall be used to provide for research and development	117057
purposes, including loans, under Chapter 166. and particularly	117058
sections 166.17 to 166.21 of the Revised Code.	117059

FACILITIES ESTABLISHMENT

117060

The foregoing appropriation item 195615, Facilities	117061
Establishment, shall be used for the purposes of the Facilities	117062
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	117063
Code.	117064

Notwithstanding Chapter 166. of the Revised Code, an amount	117065
not to exceed $3,000,000 in cash in each fiscal year may be	117066
transferred from the Facilities Establishment Fund (Fund 7037) to	117067
the Business Assistance Fund (Fund 4510). The transfer is subject	117068
to Controlling Board approval under division (B) of section 166.03	117069
of the Revised Code.	117070

Notwithstanding Chapter 166. of the Revised Code, the	117071
Director of Budget and Management may transfer an amount not to	117072
exceed $1,000,000 in cash in each fiscal year from the Facilities	117073
Establishment Fund (Fund 7037) to the Minority Business Enterprise	117074
Loan Fund (Fund 4W10).	117075

Notwithstanding Chapter 166. of the Revised Code, the	117076
Director of Budget and Management may transfer an amount not to	117077
exceed $2,000,000 in cash in each fiscal year from the Facilities	117078
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	117079
(Fund 5S90).	117080

Section 257.70. CLEAN OHIO OPERATING EXPENSES

117081

The foregoing appropriation item 195663, Clean Ohio Program,	117082
shall be used by the Development Services Agency in administering	117083
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	117084
sections 122.65 to 122.658 of the Revised Code.	117085

Section 257.80. THIRD FRONTIER OPERATING

117086

The foregoing appropriation items 195686, Third Frontier	117087
Operating, and 195620, Third Frontier Operating - Tax, shall be	117088
used for operating expenses incurred by the Development Services	117089
Agency in administering projects pursuant to sections 184.10 to	117090
184.20 of the Revised Code. Operating expenses paid from item	117091
195686 shall be limited to the administration of projects funded	117092
from the Third Frontier Research & Development Fund (Fund 7011)	117093
and operating expenses paid from item 195620 shall be limited to	117094
the administration of projects funded from the Third Frontier	117095
Research & Development Taxable Bond Project Fund (Fund 7014).	117096

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	117097
AND DEVELOPMENT TAXABLE BOND PROJECTS	117098

The foregoing appropriation items 195687, Third Frontier	117099
Research & Development Projects, 195692, Research & Development	117100
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	117101
shall be used by the Development Services Agency to fund selected	117102
projects. Eligible costs are those costs of research and	117103
development projects to which the proceeds of the Third Frontier	117104
Research & Development Fund (Fund 7011) and the Research &	117105
Development Taxable Bond Project Fund (Fund 7014) are to be	117106
applied.	117107

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

117108

The Director of Budget and Management may approve written	117109
requests from the Director of Development Services for the	117110
transfer of appropriations between appropriation items 195687,	117111
Third Frontier Research & Development Projects, and 195692,	117112
Research & Development Taxable Bond Projects, based upon awards	117113
recommended by the Third Frontier Commission. The transfers are	117114
subject to approval by the Controlling Board.	117115

In fiscal year 2015, the Director of Development Services may	117116
request that the Director of Budget and Management reappropriate	117117
any unexpended, unencumbered balances of the prior fiscal year's	117118
appropriation to the foregoing appropriation items 195687, Third	117119
Frontier Research & Development Projects, and 195692, Research &	117120
Development Taxable Bond Projects, for fiscal year 2015. The	117121
Director of Budget and Management may request additional	117122
information necessary for evaluating these requests, and the	117123
Director of Development Services shall provide the requested	117124
information to the Director of Budget and Management. Based on the	117125
information provided by the Director of Development Services, the	117126
Director of Budget and Management shall determine the amounts to	117127
be reappropriated, and those amounts are hereby reappropriated for	117128
fiscal year 2015.	117129

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

117130

The Ohio Public Facilities Commission is hereby authorized to	117131
issue and sell, in accordance with Section 2p of Article VIII,	117132
Ohio Constitution, and particularly sections 151.01 and 151.10 of	117133
the Revised Code, original obligations of the State of Ohio in an	117134
aggregate amount not to exceed $350,000,000 in addition to the	117135
original issuance of obligations authorized by prior acts of the	117136
General Assembly. The authorized obligations shall be issued and	117137
sold from time to time and in amounts necessary to ensure	117138
sufficient moneys to the credit of the Third Frontier Research and	117139
Development Fund (Fund 7011) and the Third Frontier Research and	117140
Development Taxable Bond Fund (Fund 7014) to pay costs of research	117141
and development projects.	117142

Section 257.90. JOB READY SITE PROGRAM

117143

The foregoing appropriation item 195688, Job Ready Site	117144
Development, shall be used for operating expenses incurred by the	117145
Development Services Agency in administering Job Ready Site	117146
Development Fund (Fund 7012) projects pursuant to sections 122.085	117147
to 122.0820 of the Revised Code. Operating expenses include, but	117148
are not limited to, certain qualified expenses of the District	117149
Public Works Integrating Committees, as applicable, engineering	117150
review of submitted applications by the State Architect or a	117151
third-party engineering firm, audit and accountability activities,	117152
and costs associated with formal certifications verifying that	117153
site infrastructure is in place and is functional.	117154

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

117155

On July 1, 2013, or as soon as possible thereafter, the	117156
Director of Budget and Management may transfer up to the cash	117157
balances in the Tax Incentive Program Operating Fund (Fund 4S00)	117158
and the Tax Credit Operating Fund (Fund 4S10) to the Business	117159
Assistance Fund (Fund 4510).	117160

On July 1, 2013, or as soon as possible thereafter, the	117161
Director of Budget and Management may transfer up to the cash	117162
balances in the Family Farm Loan Fund (Fund 5H10) and the First	117163
Frontier Fund (Fund 4H40) to the Facility Establishment Fund (Fund	117164
7037).	117165

On July 1, 2013, or as soon as possible thereafter, the	117166
Director of Budget and Management may transfer up to the cash	117167
balance in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the	117168
New Markets Tax Credit Program Fund (Fund 5JR0).	117169

On July 1, 2013, or as soon as possible thereafter, the	117170
Director of Budget and Management may transfer up to the cash	117171
balances in the Water and Sewer Fund (Fund 4440) and the Water and	117172
Sewer Administrative Fund (Fund 6110) to the General	117173
Reimbursements Fund (Fund 6850).	117174

On July 1, 2013, or as soon as possible thereafter, the	117175
Director of Budget and Management may transfer up to the cash	117176
balance in the Local Government Services Collaboration Grant Fund	117177
(Fund 7088) to the Local Government Innovation Fund (Fund 5KN0).	117178

(B) ABOLISHMENT OF FUNDS

117179

On July 1, 2013, or as soon as possible thereafter, upon	117180
completion of a transfer of the cash balance in a fund as	117181
described in division (A) of this section by the Director of	117182
Budget and Management, notwithstanding the establishment authority	117183
of the fund, the fund is hereby abolished.	117184

On July 1, 2013, or as soon as possible thereafter, the	117185
Director of Budget and Management shall transfer the cash balance	117186
in the Motion Picture Tax Credit Program Operating Fund (Fund	117187
5HJ0) to the Business Assistance Fund (Fund 4510). After	117188
completion of the transfer and on the effective date of its repeal	117189
by this act, Fund 5HJ0 shall be abolished.	117190

On July 1, 2013, or as soon as possible thereafter, the	117191
Director of Budget and Management shall transfer the cash balance	117192
in the Exempt Facility Inspection Fund (Fund 5X10) to the Advanced	117193
Energy Fund (Fund 5M50). After completion of the transfer and on	117194
the effective date of its repeal by this act, Fund 5X10 shall be	117195
abolished.	117196

On July 1, 2013, or as soon as possible thereafter, the	117197
Director of Budget and Management shall transfer the cash balance	117198
in the Rapid Outreach Loan Fund (Fund 7022) to the Facilities	117199
Establishment Fund (Fund 7037). After completion of the transfer	117200
and on the effective date of its repeal by this act, Fund 7022	117201
shall be abolished.	117202

The following funds, which, like Funds 5HJ0, 5X10, and 7022,	117203
were created in the Revised Code, are determined to be dormant and	117204
shall be abolished on the effective date of their repeal by this	117205
act: Diesel Emissions Grant Fund (Fund 3BD0), Shovel Ready Sites	117206
Fund (Fund 5CA0), Energy Projects Fund (Fund 5DU0), Business	117207
Development and Assistance Fund (Fund 5LK0), Clean Ohio	117208
Revitalization Revolving Loan Fund (Fund 7007), and Logistics &	117209
Distribution Infrastructure Taxable Bond Fund (Fund 7048).	117210

117211

On July 1, 2013, or as soon as possible thereafter, the	117212
Director of Budget and Management may determine whether the	117213
following funds are dormant. If the Director of Budget and	117214
Management determines a fund to be dormant, notwithstanding the	117215
establishment authority of the fund, the fund is hereby abolished.	117216
The funds are:	117217

Fund Number	Fund Name	117218
1360	International Trade	117219
3800	Ohio Housing Agency	117220
3BJ0	TANF Heating Assistance	117221
3X30	TANF Housing	117222
4450	OHFA Administration	117223
4480	Ohio Coal Development	117224
4D00	Public & Private Assistance	117225
5CV0	Defense Conversion Assistance	117226
5D10	Port Authority Bond Reserves	117227
5D20	Urban Redevelopment Loan	117228
5F70	Local Government Y2K Loan Program	117229
5X50	Family Homelessness Prevention Pilot	117230
5Y60	Economic Development Contingency	117231
5Z30	Jobs	117232
QA70	Electric Revenue Development	117233

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

117234

General Revenue Fund	117235

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	117236
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	117237
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	117238
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	117239
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	117240
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	117241
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	117242
GRF	322508	Employment First Pilot Program	$	1,000,000	$	1,000,000	117243
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	117244
GRF	653407	Medicaid Services	$	428,056,111	$	433,574,237	117245
TOTAL GRF General Revenue Fund			$	520,186,339	$	525,937,865	117246

General Services Fund Group	117247

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		117248
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		117249

Federal Special Revenue Fund Group	117250

3A50	320613	DD Council	$	3,297,656	$	3,324,187	117251
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	117252
3A40	653604	DC & ICF/MR Program Support	$	8,013,611	$	8,013,611	117253
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	117254
3A40	653653	ICF/MR	$	354,712,840	$	353,895,717	117255
3G60	653639	Medicaid Waiver Services	$	928,623,249	$	1,019,035,423	117256
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	117257
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	117258
TOTAL FED Federal Special Revenue Fund Group			$	1,504,735,120	$	1,593,593,271	117259

State Special Revenue Fund Group	117260

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	117261
2210	322620	Supplement Service Trust	$	150,000	$	150,000	117262
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	117263
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	117264
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	117265
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	117266
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	117267
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	117268
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	117269
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	117270
5GE0	653606	ICF/MR and Waiver Match	$	40,353,139	$	39,106,638	117271
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	117272
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	117273
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	117274
TOTAL ALL BUDGET FUND GROUPS			$	2,522,954,582	$	2,682,428,711	117275

Section 259.20. LEASE-RENTAL PAYMENTS

117277

The foregoing appropriation item 320415, Lease-Rental	117278
Payments, shall be used to meet all payments at the times they are	117279
required to be made during the period from July 1, 2013, through	117280
June 30, 2015, by the Department of Developmental Disabilities	117281
under leases and agreements made under section 154.20 of the	117282
Revised Code. These appropriations are the source of funds pledged	117283
for bond service charges on related obligations issued under	117284
Chapter 154. of the Revised Code.	117285

Section 259.30. SCREENING AND EARLY INTERVENTION

117286

The foregoing appropriation item 322420, Screening and Early	117287
Intervention, shall be used for screening and early intervention	117288
programs for children with autism selected by the Director of	117289
Developmental Disabilities.	117290

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

117291

The foregoing appropriation item 322451, Family Support	117292
Services, may be used as follows in fiscal year 2014 and fiscal	117293
year 2015:	117294

(A) The appropriation item may be used to provide a subsidy	117295
to county boards of developmental disabilities for family support	117296
services provided under section 5126.11 of the Revised Code. The	117297
subsidy shall be paid in quarterly installments and allocated to	117298
county boards according to a formula the Director of Developmental	117299
Disabilities shall develop in consultation with representatives of	117300
county boards. A county board shall use not more than seven per	117301
cent of its subsidy for administrative costs.	117302

(B) The appropriation item may be used to distribute funds to	117303
county boards for the purpose of addressing economic hardships and	117304
to promote efficiency of operations. In consultation with	117305
representatives of county boards, the Director shall determine the	117306
amount of funds to distribute for these purposes and the criteria	117307
for distributing the funds.	117308

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

117309

(A) Except as provided in the section of this act titled	117310
"NONFEDERAL SHARE OF ICF/MR SERVICES," the foregoing appropriation	117311
item 322501, County Boards Subsidies, shall be used for the	117312
following purposes:	117313

(1) To provide a subsidy to county boards of developmental	117314
disabilities in quarterly installments and allocated according to	117315
a formula developed by the Director of Developmental Disabilities	117316
in consultation with representatives of county boards. Except as	117317
provided in section 5126.0511 of the Revised Code or in division	117318
(B) of this section, county boards shall use the subsidy for early	117319
childhood services and adult services provided under section	117320
5126.05 of the Revised Code, service and support administration	117321
provided under section 5126.15 of the Revised Code, or supported	117322
living as defined in section 5126.01 of the Revised Code.	117323

(2) To provide funding, as determined necessary by the	117324
Director, for residential services, including room and board, and	117325
support service programs that enable individuals with	117326
developmental disabilities to live in the community.	117327

(3) To distribute funds to county boards of developmental	117328
disabilities to address economic hardships and promote efficiency	117329
of operations. The Director shall determine, in consultation with	117330
representatives of county boards, the amount of funds to	117331
distribute for these purposes and the criteria for distributing	117332
the funds.	117333

(B) In collaboration with the county's family and children	117334
first council, a county board of developmental disabilities may	117335
transfer portions of funds received under this section, to a	117336
flexible funding pool in accordance with the section of this act	117337
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	117338

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

117339

As used in this section, "home and community-based services"	117340
has the same meaning as in section 5123.01 of the Revised Code.	117341

The Director of Developmental Disabilities shall establish a	117342
methodology to be used in fiscal year 2014 and fiscal year 2015 to	117343
estimate the quarterly amount each county board of developmental	117344
disabilities is to pay of the nonfederal share of home and	117345
community-based services that section 5126.0510 of the Revised	117346
Code requires county boards to pay. Each quarter, the Director	117347
shall submit to a county board written notice of the amount the	117348
county board is to pay for that quarter. The notice shall specify	117349
when the payment is due.	117350

Section 259.70. TAX EQUITY

117351

Notwithstanding section 5126.18 of the Revised Code, the	117352
foregoing appropriation item 322503, Tax Equity, may be used to	117353
distribute funds to county boards of developmental disabilities to	117354
address economic hardships and promote efficiency of operations.	117355
The Director of Developmental Disabilities shall determine, in	117356
consultation with representatives of county boards, the amount of	117357
funds to distribute for these purposes and the criteria for	117358
distributing the funds.	117359

Section 259.80. MEDICAID SERVICES

117360

Except as provided in section 5123.0416 of the Revised Code,	117361
the purposes for which the foregoing appropriation item 653407,	117362
Medicaid Services, shall be used include the following:	117363

(A) Home and community-based services, as defined in section	117364
5123.01 of the Revised Code;	117365

(B) Implementation of the requirements of the agreement	117366
settling the consent decree in Sermak v. Manuel, Case No.	117367
C-2-80-220, United States District Court for the Southern District	117368
of Ohio, Eastern Division;	117369

(C) Implementation of the requirements of the agreement	117370
settling the consent decree in the Martin v. Strickland, Case No.	117371
89-CV-00362, United States District Court for the Southern	117372
District of Ohio, Eastern Division;	117373

(D) ICF/MR services, as defined in section 5124.01 of the	117374
Revised Code;	117375

(E) Other programs as identified by the Director of	117376
Developmental Disabilities.	117377

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

117378

The foregoing appropriation item 322508, Employment First	117379
Pilot Program, shall be used to increase employment opportunities	117380
for individuals with developmental disabilities through the	117381
Employment First Initiative in accordance with section 5123.022 of	117382
the Revised Code.	117383

Of the foregoing appropriation item, 322508, Employment First	117384
Pilot Program, the Director of Developmental Disabilities shall	117385
transfer, in each fiscal year, to the Rehabilitation Services	117386
Commission an amount agreed upon by the Director of Developmental	117387
Disabilities and the Administrator of the Rehabilitation Services	117388
Commission. The transfer shall be made via an intrastate transfer	117389
voucher. The transferred funds shall be used to support the	117390
Employment First Pilot Program. The Rehabilitation Services	117391
Commission shall use the funds transferred as state matching funds	117392
to obtain available federal grant dollars for vocational	117393
rehabilitation services. Any federal match dollars received by the	117394
Rehabilitation Services Commission shall be used for the pilot	117395
program. The Director of Developmental Disabilities and the	117396
Administrator of the Rehabilitation Services Commission shall	117397
enter into an interagency agreement in accordance with section	117398
3304.181 of the Revised Code that will specify the	117399
responsibilities of each agency under the pilot program. Under the	117400
interagency agreement, the Rehabilitation Services Commission	117401
shall retain responsibility for eligibility determination, order	117402
of selection, plan approval, plan amendment, and release of vendor	117403
payments.	117404

The remainder of appropriation item 322508, Employment First	117405
Pilot Program, shall be used to develop a long term, sustainable	117406
system that places individuals with developmental disabilities in	117407
community employment, as defined in section 5126.01 of the Revised	117408
Code.	117409

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

117410

If an employment first task force is established by the	117411
Director of Developmental Disabilities in accordance with section	117412
5123.023 of the Revised Code, the Director of Budget and	117413
Management shall establish an appropriation item from the	117414
Employment First Taskforce Fund for use by the Department of	117415
Developmental Disabilities to support the work of the task force.	117416
In fiscal year 2014 and fiscal year 2015, if an employment first	117417
task force is established, the Director of Developmental	117418
Disabilities shall certify to the Director of Budget and	117419
Management the appropriation amounts necessary for the Department	117420
of Developmental Disabilities to fulfill its obligation to support	117421
the work of the task force. Once the certification required under	117422
this section has been submitted and approved by the Director of	117423
Budget and Management, the appropriations established under this	117424
section are hereby appropriated in the amounts approved by the	117425
Director of Budget and Management.	117426

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

117427

On July 1, 2013, or as soon as possible thereafter, the	117428
Director of Developmental Disabilities shall request the Director	117429
of Budget and Management to transfer the cash balance in the Home	117430
and Community-Based Services Fund (Fund 4K80) to the Operating and	117431
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	117432
4K80 is hereby abolished. The Director of Budget and Management	117433
shall cancel any existing encumbrances against appropriation item	117434
322604, Medicaid Waiver – State Match, and reestablish them	117435
against appropriation item 653606, ICF/MR and Waiver Match. The	117436
reestablished encumbrance amounts are hereby appropriated.	117437

Section 259.120. OPERATING AND SERVICES

117438

Of the foregoing appropriation item 320606, Operating and	117439
Services, $100,000 in each fiscal year shall be provided to the	117440
Ohio Center for Autism and Low Incidence to establish a lifespan	117441
autism hub to support families and professionals.	117442

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

117443

County boards of developmental disabilities shall pay the	117444
nonfederal portion of targeted case management costs to the	117445
Department of Developmental Disabilities.	117446

The Director of Developmental Disabilities and the Medicaid	117447
Director may enter into an interagency agreement under which the	117448
Department of Developmental Disabilities shall transfer cash from	117449
the Targeted Case Management Fund (Fund 5DJ0) to the Health	117450
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	117451
Department of Medicaid in an amount equal to the nonfederal	117452
portion of the cost of targeted case management services paid by	117453
county boards. Under the agreement, the Department of Medicaid	117454
shall pay the total cost of targeted case management claims. The	117455
transfer shall be made using an intrastate transfer voucher.	117456

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

117457

If a county board of developmental disabilities does not	117458
fully pay any amount owed to the Department of Developmental	117459
Disabilities by the due date established by the Department, the	117460
Director of Developmental Disabilities may withhold the amount the	117461
county board did not pay from any amounts due to the county board.	117462
The Director may use any appropriation item or fund used by the	117463
Department to transfer cash to any other fund used by the	117464
Department in an amount equal to the amount owed the Department	117465
that the county board did not pay. Transfers under this section	117466
shall be made using an intrastate transfer voucher.	117467

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

117468

Developmental centers of the Department of Developmental	117469
Disabilities may provide services to persons with mental	117470
retardation or developmental disabilities living in the community	117471
or to providers of services to these persons. The Department may	117472
develop a method for recovery of all costs associated with the	117473
provision of these services.	117474

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	117475
PHARMACY PROGRAMS	117476

The Director of Developmental Disabilities shall quarterly	117477
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	117478
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	117479
by the Department of Medicaid, in an amount equal to the	117480
nonfederal share of Medicaid prescription drug claim costs for all	117481
developmental centers paid by the Department of Medicaid. The	117482
quarterly transfer shall be made using an intrastate transfer	117483
voucher.	117484

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	117485
SERVICES	117486

Any county funds received by the Department of Developmental	117487
Disabilities from county boards of developmental disabilities for	117488
active treatment shall be deposited in the Developmental	117489
Disabilities Operating Fund (Fund 4890).	117490

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

117491

(A) In fiscal year 2014 and fiscal year 2015, the Director of	117492
Developmental Disabilities may authorize the continuation or	117493
implementation of one or more innovative pilot projects that, in	117494
the judgment of the Director, are likely to assist in promoting	117495
the objectives of Chapter 5123. or 5126. of the Revised Code.	117496
Subject to division (B) of this section and notwithstanding any	117497
provision of Chapters 5123. and 5126. of the Revised Code and any	117498
rule adopted under either chapter, a pilot project authorized by	117499
the Director may be continued or implemented in a manner	117500
inconsistent with one or more provisions of either chapter or one	117501
or more rules adopted under either chapter. Before authorizing a	117502
pilot program, the Director shall consult with entities interested	117503
in the issue of developmental disabilities, including the Ohio	117504
Provider Resource Association, Ohio Association of County Boards	117505
of Developmental Disabilities, Ohio Health Care Association/Ohio	117506
Centers for Intellectual Disabilities, and ARC of Ohio.	117507

(B) The Director may not authorize a pilot project to be	117508
implemented in a manner that would cause the state to be out of	117509
compliance with any requirements for a program funded in whole or	117510
in part with federal funds.	117511

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	117512
APPROPRIATION ITEM STRUCTURE	117513

Upon request from the Director of Developmental Disabilities,	117514
the Director of Budget and Management may establish new funds, new	117515
appropriation items, and appropriations in order to support the	117516
transition to a new appropriation item structure in the Department	117517
of Developmental Disabilities' budget. Also, upon request of the	117518
Director of Developmental Disabilities, the Director of Budget and	117519
Management may transfer appropriations between GRF appropriation	117520
items, transfer cash between any funds used by the Department of	117521
Developmental Disabilities, abolish existing funds used by the	117522
Department of Developmental Disabilities, and cancel and	117523
reestablish encumbrances. Any establishment of new funds or	117524
appropriation items, any transfers of appropriations or cash, and	117525
any increases in appropriation under this section are subject to	117526
Controlling Board approval.	117527

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	117528
ICFs/MR	117529

(A) As used in this section:

117530

"Capped per diem rate" means the per Medicaid day payment	117531
rate calculated for an ICF/MR under division (D) of this section.	117532

"Change of operator," "entering operator," "exiting	117533
operator," "ICF/MR," "ICF/MR services," "Medicaid days,"	117534
"provider," and "provider agreement" have the same meanings as in	117535
section 5124.01 of the Revised Code.	117536

"Franchise permit fee" means the fee imposed by sections	117537
5168.60 to 5168.71 of the Revised Code.	117538

"Modified per diem rate" means the per Medicaid day payment	117539
rate calculated for an ICF/MR under division (C) of this section.	117540

"Unmodified per diem rate" means the per Medicaid day payment	117541
rate calculated for an ICF/MR under Chapter 5124. of the Revised	117542
Code.	117543

(B) This section applies to each ICF/MR provider to which	117544
either of the following applies:	117545

(1) The provider has a valid Medicaid provider agreement for	117546
the ICF/MR on June 30, 2013, and a valid Medicaid provider	117547
agreement for the ICF/MR during fiscal year 2014.	117548

(2) The ICF/MR undergoes a change of operator that takes	117549
effect during fiscal year 2014, the exiting operator has a valid	117550
Medicaid provider agreement for the ICF/MR on the day immediately	117551
preceding the effective date of the change of operator, and the	117552
entering operator has a valid Medicaid provider agreement for the	117553
ICF/MR during fiscal year 2014.	117554

(C) An ICF/MR's total modified per diem rate for fiscal year	117555
2014 shall be the ICF/MR's total unmodified per diem rate for that	117556
fiscal year with the following modifications:	117557

(1) In place of the inflation adjustment otherwise made under	117558
section 5124.23 of the Revised Code, the ICF/MR's desk-reviewed,	117559
actual, allowable, per diem other protected costs, excluding the	117560
franchise permit fee, from calendar year 2012 shall be multiplied	117561
by 1.0123.	117562

(2) In place of the maximum cost per case-mix unit	117563
established for the ICF/MR's peer group under division (C) of	117564
section 5124.23 of the Revised Code, the ICF/MR's maximum costs	117565
per case-mix unit shall be the following:	117566

(a) In the case of an ICF/MR with more than eight beds,	117567
$108.21;	117568

(b) In the case of an ICF/MR with eight or fewer beds,	117569
$102.21.	117570

(3) In place of the inflation adjustment otherwise calculated	117571
under division (D) of section 5124.19 of the Revised Code for the	117572
purpose of division (A)(1)(b) of that section, an inflation	117573
adjustment of 1.0123 shall be used.	117574

(4) In place of the maximum rate for indirect care costs	117575
established for the ICF/MR's peer group under division (C) of	117576
section 5124.21 of the Revised Code, the maximum rate for indirect	117577
care costs for the ICF/MR's peer group shall be the following:	117578

(a) In the case of an ICF/MR with more than eight beds,	117579
$68.98;	117580

(b) In the case of an ICF/MR with eight or fewer beds,	117581
$59.60.	117582

(5) In place of the inflation adjustment otherwise calculated	117583
under division (D)(1) of section 5124.21 of the Revised Code for	117584
the purpose of division (B)(1) of that section only, an inflation	117585
adjustment of 1.0123 shall be used.	117586

(6) In place of the efficiency incentive otherwise calculated	117587
under division (B)(2) of section 5124.21 of the Revised Code, the	117588
ICF/MR's efficiency incentive for indirect care costs shall be the	117589
following:	117590

(a) In the case of an ICF/MR with more than eight beds,	117591
$3.69;	117592

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

117593

(7) The ICF/MR's efficiency incentive for capital costs, as	117594
determined under division (E) of section 5124.17 of the Revised	117595
Code, shall be reduced by 50%.	117596

(D) An ICF/MR's total capped per diem rate for fiscal year	117597
2014 shall be the ICF/MR's total unmodified per diem rate for that	117598
fiscal year reduced by the percentage by which the mean total	117599
unmodified per diem rates for all ICFs/MR in this state for fiscal	117600
year 2014, weighted by May 2013 Medicaid days and calculated as of	117601
July 1, 2013, exceeds $282.84.	117602

(E) Except as otherwise provided by this section, an ICF/MR	117603
provider to which this section applies shall be paid, for ICF/MR	117604
services the ICF/MR provides during fiscal year 2014, a total per	117605
diem rate determined as follows:	117606

(1) Add the ICF/MR's total modified per diem rate to the	117607
ICF/MR's total capped per diem rate;	117608

(2) Divide the amount determined under division (E)(1) of	117609
this section by two.	117610

(F) If the mean total per diem rate for all ICFs/MR to which	117611
this section applies, weighted by May 2013 Medicaid days and	117612
determined under division (E) of this section as of July 1, 2013,	117613
is other than $282.84, the Department of Developmental	117614
Disabilities shall adjust, for fiscal year 2014, the total per	117615
diem rate for each ICF/MR to which this section applies by a	117616
percentage that is equal to the percentage by which the mean total	117617
per diem rate is greater or less than $282.84.	117618

(G) If the United States Centers for Medicare and Medicaid	117619
Services requires that the franchise permit fee be reduced or	117620
eliminated, the Department of Developmental Disabilities shall	117621
reduce the amount it pays ICF/MR providers under this section as	117622
necessary to reflect the loss to the state of the revenue and	117623
federal financial participation generated from the franchise	117624
permit fee.	117625

(H) The Department of Developmental Disabilities shall follow	117626
this section in determining the rate to be paid ICF/MR providers	117627
subject to this section notwithstanding anything to the contrary	117628
in Chapter 5124. of the Revised Code.	117629

Of the foregoing appropriation items 653407, Medicaid	117630
Services, 653606, ICF/MR and Waiver Match, and 653653, ICF/MR,	117631
portions shall be used to pay the Medicaid payment rates	117632
determined in accordance with this section for ICF/MR services	117633
provided during fiscal year 2014.	117634

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	117635
ICFs/MR	117636

(A) As used in this section:

117637

"Capped per diem rate" means the per Medicaid day payment	117638
rate calculated for an ICF/MR under division (D) of this section.	117639

"Change of operator," "entering operator," "exiting	117640
operator," "ICF/MR," "ICF/MR services," "Medicaid days,"	117641
"provider," and "provider agreement" have the same meanings as in	117642
section 5124.01 of the Revised Code.	117643

"Franchise permit fee" means the fee imposed by sections	117644
5168.60 to 5168.71 of the Revised Code.	117645

"Modified per diem rate" means the per Medicaid day payment	117646
rate calculated for an ICF/MR under division (C) of this section.	117647

"Unmodified per diem rate" means the per Medicaid day payment	117648
rate calculated for an ICF/MR under Chapter 5124. of the Revised	117649
Code.	117650

(B) This section applies to each ICF/MR provider to which	117651
either of the following applies:	117652

(1) The provider has a valid Medicaid provider agreement for	117653
the ICF/MR on June 30, 2014, and a valid Medicaid provider	117654
agreement for the ICF/MR during fiscal year 2015.	117655

(2) The ICF/MR undergoes a change of operator that takes	117656
effect during fiscal year 2015, the exiting operator has a valid	117657
Medicaid provider agreement for the ICF/MR on the day immediately	117658
preceding the effective date of the change of operator, and the	117659
entering operator has a valid Medicaid provider agreement for the	117660
ICF/MR during fiscal year 2015.	117661

(C) An ICF/MR's total modified per diem rate for fiscal year	117662
2015 shall be the ICF/MR's total unmodified per diem rate for that	117663
fiscal year with the following modifications:	117664

(1) In place of the inflation adjustment otherwise made under	117665
section 5124.23 of the Revised Code, the ICF/MR's desk-reviewed,	117666
actual, allowable, per diem other protected costs, excluding the	117667
franchise permit fee, from calendar year 2013 shall be multiplied	117668
by 1.0123.	117669

(2) In place of the maximum cost per case-mix unit	117670
established for the ICF/MR's peer group under division (C) of	117671
section 5124.19 of the Revised Code, the ICF/MR's maximum costs	117672
per case-mix unit shall be the following:	117673

(a) In the case of an ICF/MR with more than eight beds,	117674
$108.21;	117675

(b) In the case of an ICF/MR with eight or fewer beds,	117676
$102.21.	117677

(3) In place of the inflation adjustment otherwise calculated	117678
under division (D) of section 5124.19 of the Revised Code for the	117679
purpose of division (A)(1)(b) of that section, an inflation	117680
adjustment of 1.0123 shall be used.	117681

(4) In place of the maximum rate for indirect care costs	117682
established for the ICF/MR's peer group under division (C) of	117683
section 5124.21 of the Revised Code, the maximum rate for indirect	117684
care costs for the ICF/MR's peer group shall be the following:	117685

(a) In the case of an ICF/MR with more than eight beds,	117686
$68.98;	117687

(b) In the case of an ICF/MR with eight or fewer beds,	117688
$59.60.	117689

(5) In place of the inflation adjustment otherwise calculated	117690
under divisions (D)(1) and (2) of section 5124.21 of the Revised	117691
Code for the purpose of division (B)(1) of that section only, an	117692
inflation adjustment of 1.0123 shall be used.	117693

(6) In place of the efficiency incentive otherwise calculated	117694
under division (B)(2) of section 5124.21 of the Revised Code, the	117695
ICF/MR's efficiency incentive for indirect care costs shall be the	117696
following:	117697

(a) In the case of an ICF/MR with more than eight beds,	117698
$3.69;	117699

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

117700

(7) The ICF/MR's efficiency incentive for capital costs, as	117701
determined under division (E) of section 5124.17 of the Revised	117702
Code, shall be reduced by 50%.	117703

(D) An ICF/MR's total capped per diem rate for fiscal year	117704
2015 shall be the ICF/MR's total unmodified per diem rate for that	117705
fiscal year reduced by the percentage by which the mean total	117706
unmodified per diem rates for all ICFs/MR in this state for fiscal	117707
year 2015, weighted by May 2014 Medicaid days and calculated as of	117708
July 1, 2014, exceeds $282.77.	117709

(E) Except as otherwise provided by this section, an ICF/MR	117710
provider to which this section applies shall be paid, for ICF/MR	117711
services the ICF/MR provides during fiscal year 2015, a total per	117712
diem rate determined as follows:	117713

(1) Add the ICF/MR's total modified per diem rate to the	117714
ICF/MR's total capped per diem rate;	117715

(2) Divide the amount determined under division (E)(1) of	117716
this section by two.	117717

(F) If the mean total per diem rate for all ICFs/MR to which	117718
this section applies, weighted by May 2014 Medicaid days and	117719
determined under division (E) of this section as of July 1, 2014,	117720
is other than $282.77, the Department of Developmental	117721
Disabilities shall adjust, for fiscal year 2015, the total per	117722
diem rate for each ICF/MR to which this section applies by a	117723
percentage that is equal to the percentage by which the mean total	117724
per diem rate is greater or less than $282.77.	117725

(G) If the United States Centers for Medicare and Medicaid	117726
Services requires that the franchise permit fee be reduced or	117727
eliminated, the Department of Developmental Disabilities shall	117728
reduce the amount it pays ICF/MR providers under this section as	117729
necessary to reflect the loss to the state of the revenue and	117730
federal financial participation generated from the franchise	117731
permit fee.	117732

(H) The Department of Developmental Disabilities shall follow	117733
this section in determining the rate to be paid ICF/MR providers	117734
subject to this section notwithstanding anything to the contrary	117735
in Chapter 5124. of the Revised Code.	117736

Of the foregoing appropriation items 653407, Medicaid	117737
Services, 653606, ICF/MR and Waiver Match, and 653653, ICF/MR,	117738
portions shall be used to pay the Medicaid payment rates	117739
determined in accordance with this section for ICF/MR services	117740
provided during fiscal year 2015.	117741

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	117742
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/MR RESIDENTS	117743

As used in this section, "ICF/MR" and "ICF/MR services" have	117744
the same meanings as in section 5124.01 of the Revised Code.	117745

Each quarter during fiscal year 2015, the Director of	117746
Developmental Disabilities shall certify to the Director of Budget	117747
and Management the amount needed to pay the nonfederal share of	117748
the costs of the Medicaid rate add-on paid to ICFs/MR pursuant to	117749
section 5124.25 of the Revised Code for providing outlier ICF/MR	117750
services to residents who qualify for the services and are	117751
transferred to ICFs/MR from hospitals at which they receive	117752
ventilator services at the time of their transfer to the ICFs/MR.	117753

On receipt of a certification, the Director of Budget and	117754
Management shall transfer appropriations equaling the certified	117755
amount from appropriation item 651525, Medicaid/Health Care	117756
Services, to appropriation item 653407, Medicaid Services, and, in	117757
addition, shall reduce the appropriation in 651525,	117758
Medicaid/Health Care Services, by the corresponding federal share.	117759

If receipts credited to the Developmental Center and	117760
Residential Facility Services and Support Fund (Fund 3A40), used	117761
by the Department of Developmental Disabilities, exceed the	117762
amounts appropriated in appropriation item 653653, ICF/MR, the	117763
Director of Developmental Disabilities may request the Director of	117764
Budget and Management to authorize expenditures from the fund in	117765
excess of the amounts appropriated. Upon approval of the Director	117766
of Budget and Management, the additional amounts are hereby	117767
appropriated.	117768

Section 259.230. ICF/MR MEDICAID RATE WORKGROUP

117769

As used in this section, "ICF/MR," "ICF/MR services," and	117770
"Medicaid-certified capacity" have the same meanings as in section	117771
5124.01 of the Revised Code.	117772

For the purpose of assisting the Department of Developmental	117773
Disabilities during fiscal year 2014 and fiscal year 2015 with an	117774
evaluation of revisions to the formula used to determine Medicaid	117775
payment rates for ICF/MR services, the Department shall retain the	117776
workgroup that was created to assist with the study required by	117777
Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	117778
Assembly. In conducting the evaluation, the Department and	117779
workgroup shall do both of the following:	117780

(A) Focus primarily on the service needs of individuals with	117781
complex challenges that ICFs/MR are able to meet;	117782

(B) Pursue the goal of reducing the Medicaid-certified	117783
capacity of individual ICFs/MR and the total number of ICF/MR beds	117784
in the state for the purpose of increasing the service choices and	117785
community integration of individuals eligible for ICF/MR services.	117786

Section 259.240. NONFEDERAL SHARE OF ICF/MR SERVICES

117787

(A) As used in this section, "ICF/MR," "ICF/MR services," and	117788
"Medicaid-certified capacity" have the same meanings as in section	117789
5124.01 of the Revised Code.	117790

(B) The Director of Developmental Disabilities shall pay the	117791
nonfederal share of a claim for ICF/MR services using funds	117792
specified in division (C) of this section if all of the following	117793
apply:	117794

(1) Medicaid covers the ICF/MR services.

117795

(2) The ICF/MR services are provided to a Medicaid recipient	117796
to whom both of the following apply:	117797

(a) The Medicaid recipient is eligible for the ICF/MR	117798
services;	117799

(b) The Medicaid recipient does not occupy a bed in the	117800
ICF/MR that used to be included in the Medicaid-certified capacity	117801
of another ICF/MR certified by the Director of Health before June	117802
1, 2003.	117803

(3) The ICF/MR services are provided by an ICF/MR whose	117804
Medicaid certification by the Director of Health was initiated or	117805
supported by a county board of developmental disabilities.	117806

(4) The provider of the ICF/MR services has a valid Medicaid	117807
provider agreement for the services for the time that the services	117808
are provided.	117809

(C) When required by division (B) of this section to pay the	117810
nonfederal share of a claim, the Director of Developmental	117811
Disabilities shall use the following funds to pay the claim:	117812

(1) Funds available from appropriation item 322501, County	117813
Boards Subsidies, that the Director allocates to the county board	117814
that initiated or supported the Medicaid certification of the	117815
ICF/MR that provided the ICF/MR services for which the claim is	117816
made;	117817

(2) If the amount of funds used pursuant to division (C)(1)	117818
of this section is insufficient to pay the claim in full, an	117819
amount of funds that are needed to make up the difference and	117820
available from amounts the Director allocates to other county	117821
boards from appropriation item 322501, County Boards Subsidies.	117822

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	117823
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	117824

(A) As used in this section:

117825

"Converted facility" means an ICF/MR, or former ICF/MR, that	117826
converted some or all of its beds to providing home and	117827
community-based services under the IO Waiver pursuant to section	117828
5124.60 of the Revised Code.	117829

"Developmental center" and "ICF/MR" have the same meanings as	117830
in section 5124.01 of the Revised Code.	117831

"H.B. 153 increased Medicaid payment rate" means the total	117832
Medicaid payment rate for each fifteen minutes of routine	117833
homemaker/personal care services that was set by Section 263.20.70	117834
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	117835
Am. Sub. H.B. 487 of the 129th General Assembly.	117836

"IO Waiver" means the Medicaid waiver component, as defined	117837
in section 5166.01 of the Revised Code, known as Individual	117838
Options.	117839

"Public hospital" has the same meaning as in section 5122.01	117840
of the Revised Code.	117841

"Regular Medicaid payment rate" means the total Medicaid	117842
payment rate for each fifteen minutes of routine	117843
homemaker/personal care services that are available under the IO	117844
Waiver and to which this section does not apply.	117845

(B) This section applies to routine homemaker/personal care	117846
services to which both of the following apply:	117847

(1) The services are provided to an IO Waiver enrollee to	117848
whom all of the following apply:	117849

(a) The enrollee began to receive the services from the	117850
provider on or after July 1, 2011.	117851

(b) The enrollee resided in a developmental center, converted	117852
facility, or public hospital immediately before enrolling in the	117853
IO Wavier.	117854

(c) The Director of Developmental Disabilities has determined	117855
that the enrollee's special circumstances (including the	117856
enrollee's diagnosis, service needs, or length of stay at the	117857
developmental center, converted facility, or public hospital)	117858
warrants paying the Medicaid payment rate authorized by this	117859
section.	117860

(2) The provider of the services has a valid Medicaid	117861
provider agreement for the services for the period during which	117862
the enrollee receives the services from the provider.	117863

(C) The total Medicaid payment rate for each fifteen minutes	117864
of routine homemaker/personal care services to which this section	117865
applies and that are provided during the period beginning July 1,	117866
2013, and ending June 30, 2015, shall be the greater of the	117867
following:	117868

(1) The H.B. 153 increased Medicaid payment rate;

117869

(2) The regular Medicaid payment rate in effect at the time	117870
the services are provided.	117871

(D) Of the foregoing appropriation items 653407, Medicaid	117872
Services, and 653639, Medicaid Waiver Services, portions shall be	117873
used to pay the Medicaid payment rates determined in accordance	117874
with this section for certain homemaker/personal care services	117875
under the IO Waiver.	117876

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

117877

As used in this section, "authorizing statute" means a	117878
Revised Code section or provision of a Revised Code section that	117879
is cited in the Ohio Administrative Code as the statute that	117880
authorizes the adoption of a rule.	117881

The Director of Developmental Disabilities is not required to	117882
amend any rule for the sole purpose of updating the citation in	117883
the Ohio Administrative Code to the rule's authorizing statute to	117884
reflect that this act renumbers the authorizing statute or	117885
relocates it to another Revised Code section. Such citations shall	117886
be updated as the Director amends the rules for other purposes.	117887

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

117888

This act repeals section 5111.236 of the Revised Code to	117889
carry out the intent of the Governor as indicated in the veto	117890
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	117891
transmitted to the Clerk of the House of Representatives on July	117892
17, 2009. The actual veto removed the section from the title and	117893
enacting clause of H.B. 1 and an earmark related to the section.	117894
However, the actual veto inadvertently showed only division (C) of	117895
the section, rather than the entire section, as being vetoed.	117896

Section 261.10. OBD OHIO BOARD OF DIETETICS

117897

General Services Fund Group	117898

4K90	860609	Operating Expenses	$	330,592	$	342,592	117899
TOTAL GSF General Services Fund							117900
Group			$	330,592	$	342,592	117901
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	117902

Section 263.10. EDU DEPARTMENT OF EDUCATION

117904

General Revenue Fund	117905

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	117906
GRF	200408	Early Childhood Education	$	23,268,341	$	25,268,341	117907
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	117908
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	117909
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	117910
GRF	200424	Policy Analysis	$	328,558	$	328,558	117911
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	117912
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	117913
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	117914
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	117915
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	117916
GRF	200442	Child Care Licensing	$	827,140	$	827,140	117917
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	117918
GRF	200447	GED Testing	$	879,551	$	879,551	117919
GRF	200448	Educator Preparation	$	850,000	$	850,000	117920
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	117921
GRF	200464	General Technology Operations	$	192,097	$	192,097	117922
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	117923
GRF	200502	Pupil Transportation	$	505,013,527	$	518,513,527	117924
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	117925
GRF	200511	Auxiliary Services	$	130,547,795	$	134,881,982	117926
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,973,586	$	60,931,509	117927
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	117928
GRF	200545	Career-Technical Education Enhancements	$	9,067,999	$	9,067,999	117929
GRF	200550	Foundation Funding	$	5,810,107,929	$	6,003,192,692	117930
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,184,352,000	117931
TOTAL GRF General Revenue Fund			$	7,976,747,634	$	8,248,479,217	117932

General Services Fund Group	117933

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	117934
4520	200638	Fees and Refunds	$	500,000	$	500,000	117935
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	117936
5960	200656	Ohio Career Information System	$	529,761	$	529,761	117937
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	117938
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	117939
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	117940
TOTAL GSF General Services							117941
Fund Group			$	41,764,032	$	47,108,544	117942

Federal Special Revenue Fund Group	117943

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	117944
3670	200607	School Food Services	$	8,200,664	$	8,700,149	117945
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	117946
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	117947
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	117948
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	117949
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	117950
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	117951
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	117952
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	117953
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	117954
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	117955
3EK0	200637	Advanced Placement	$	450,000	$	450,000	117956
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	117957
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	117958
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	117959
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	117960
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	117961
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	117962
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	117963
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	117964
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	117965
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	117966
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	117967
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	117968
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	117969
3T40	200613	Public Charter Schools	$	500,000	$	0	117970
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	117971
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	117972
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	117973
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	117974
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	117975
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	117976
TOTAL FED Federal Special							117977
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	117978

State Special Revenue Fund Group	117979

4540	200610	GED Testing	$	1,050,000	$	250,000	117980
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	117981
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	117982
4V70	200633	Interagency Program Support	$	717,725	$	717,725	117983
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	117984
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	117985
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	117986
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	117987
5U20	200685	National Education Statistics	$	300,000	$	300,000	117988
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	117989
TOTAL SSR State Special Revenue							117990
Fund Group			$	53,996,635	$	54,149,635	117991

Lottery Profits Education Fund Group	117992

7017	200612	Foundation Funding	$	775,000,000	$	850,000,000	117993
7017	200648	Straight A Fund	$	50,000,000	$	100,000,000	117994
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	117995
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	117996
TOTAL LPE Lottery Profits							117997
Education Fund Group			$	841,000,000	$	974,500,000	117998

Revenue Distribution Fund Group	117999

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	118000
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	118001
TOTAL RDF Revenue Distribution							118002
Fund Group			$	510,000,000	$	510,000,000	118003
TOTAL ALL BUDGET FUND GROUPS			$	11,461,553,299	$	11,811,640,851	118004

Section 263.20. OPERATING EXPENSES

118006

A portion of the foregoing appropriation item 200321,	118007
Operating Expenses, shall be used by the Department of Education	118008
to provide matching funds under 20 U.S.C. 2321.	118009

EARLY CHILDHOOD EDUCATION

118010

The Department of Education shall distribute the foregoing	118011
appropriation item 200408, Early Childhood Education, to pay the	118012
costs of early childhood education programs.	118013

(A) As used in this section:

118014

(1) "Provider" means a city, local, exempted village, or	118015
joint vocational school district, or an educational service	118016
center.	118017

(2) In the case of a city, local, or exempted village school	118018
district, "new eligible provider" means a district that did not	118019
receive state funding for Early Childhood Education in the	118020
previous fiscal year or demonstrates a need for early childhood	118021
programs as defined in division (D) of this section.	118022

(3) "Eligible child" means a child who is at least three	118023
years of age as of the district entry date for kindergarten, is	118024
not of the age to be eligible for kindergarten, and whose family	118025
earns not more than two hundred per cent of the federal poverty	118026
guidelines as defined in division (A)(3) of section 5101.46 of the	118027
Revised Code. Children with an Individualized Education Program	118028
and where the Early Childhood Education program is the least	118029
restrictive environment may be enrolled on their third birthday.	118030

(4) "Early learning program standards" means early learning	118031
program standards for school readiness developed by the Department	118032
to assess the operation of early learning programs.	118033

(B) In each fiscal year, up to two per cent of the total	118034
appropriation may be used by the Department for program support	118035
and technical assistance. The Department shall distribute the	118036
remainder of the appropriation in each fiscal year to serve	118037
eligible children.	118038

(C) The Department shall provide an annual report to the	118039
Governor, the Speaker of the House of Representatives, and the	118040
President of the Senate and post the report to the Department's	118041
web site, regarding early childhood education programs operated	118042
under this section and the early learning program standards.	118043

(D) After setting aside the amounts to make payments due from	118044
the previous fiscal year, in fiscal year 2014, the Department	118045
shall distribute funds first to recipients of funds for early	118046
childhood education programs under Section 267.10.10 of Am. Sub.	118047
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	118048
H.B. 487 of the 129th General Assembly, in the previous fiscal	118049
year and the balance to new eligible providers of early childhood	118050
education programs under this section or to existing providers to	118051
serve more eligible children or for purposes of program expansion,	118052
improvement, or special projects to promote quality and	118053
innovation.	118054

After setting aside the amounts to make payments due from the	118055
previous fiscal year, in fiscal year 2015, the Department shall	118056
distribute funds first to providers of early childhood education	118057
programs under this section in the previous fiscal year and the	118058
balance to new eligible providers or to existing providers to	118059
serve more eligible children as outlined under division (E) of	118060
this section or for purposes of program expansion, improvement, or	118061
special projects to promote quality and innovation.	118062

(E) The Department shall distribute any new or remaining	118063
funding to existing providers of early childhood education	118064
programs or any new eligible providers in an effort to invest in	118065
high quality early childhood programs where there is a need as	118066
determined by the Department. The Department shall distribute the	118067
new or remaining funds to existing providers of early childhood	118068
education programs or any new eligible providers to serve	118069
additional eligible children based on community economic	118070
disadvantage, limited access to high quality preschool or	118071
childcare services, and demonstration of high quality preschool	118072
services as determined by the Department using new metrics	118073
developed pursuant to Ohio's Race to the Top—Early Learning	118074
Challenge Grant, awarded to the Department in December 2011.	118075

Awards under divisions (D) and (E) of this section shall be	118076
distributed on a per-pupil basis, and in accordance with division	118077
(I) of this section. The Department may adjust the per-pupil	118078
amount so that the per-pupil amount multiplied by the number of	118079
eligible children enrolled and receiving services on the first day	118080
of December or the business day closest to that date equals the	118081
amount allocated under this section.	118082

(F) Costs for developing and administering an early childhood	118083
education program may not exceed fifteen per cent of the total	118084
approved costs of the program.	118085

All providers shall maintain such fiscal control and	118086
accounting procedures as may be necessary to ensure the	118087
disbursement of, and accounting for, these funds. The control of	118088
funds provided in this program, and title to property obtained,	118089
shall be under the authority of the approved provider for purposes	118090
provided in the program unless, as described in division (K) of	118091
this section, the program waives its right for funding or a	118092
program's funding is eliminated or reduced due to its inability to	118093
meet financial or early learning program standards. The approved	118094
provider shall administer and use such property and funds for the	118095
purposes specified.	118096

(G) The Department may examine a provider's financial and	118097
program records. If the financial practices of the program are not	118098
in accordance with standard accounting principles or do not meet	118099
financial standards outlined under division (F) of this section,	118100
or if the program fails to substantially meet the early learning	118101
program standards, meet a quality rating level in the tiered	118102
quality rating and improvement system developed under section	118103
5104.30 of the Revised Code as prescribed by the Department, or	118104
exhibits below average performance as measured against the	118105
standards, the early childhood education program shall propose and	118106
implement a corrective action plan that has been approved by the	118107
Department. The approved corrective action plan shall be signed by	118108
the chief executive officer and the executive of the official	118109
governing body of the provider. The corrective action plan shall	118110
include a schedule for monitoring by the Department. Such	118111
monitoring may include monthly reports, inspections, a timeline	118112
for correction of deficiencies, and technical assistance to be	118113
provided by the Department or obtained by the early childhood	118114
education program. The Department may withhold funding pending	118115
corrective action. If an early childhood education program fails	118116
to satisfactorily complete a corrective action plan, the	118117
Department may deny expansion funding to the program or withdraw	118118
all or part of the funding to the program and establish a new	118119
eligible provider through a selection process established by the	118120
Department.	118121

(H) Each early childhood education program shall do all of	118122
the following:	118123

(1) Meet teacher qualification requirements prescribed by	118124
section 3301.311 of the Revised Code;	118125

(2) Align curriculum to the early learning content standards	118126
developed by the Department;	118127

(3) Meet any child or program assessment requirements	118128
prescribed by the Department;	118129

(4) Require teachers, except teachers enrolled and working to	118130
obtain a degree pursuant to section 3301.311 of the Revised Code,	118131
to attend a minimum of twenty hours every two years of	118132
professional development as prescribed by the Department;	118133

(5) Document and report child progress as prescribed by the	118134
Department;	118135

(6) Meet and report compliance with the early learning	118136
program standards as prescribed by the Department;	118137

(7) Participate in the tiered quality rating and improvement	118138
system developed under section 5104.30 of the Revised Code.	118139
Effective July 1, 2016, all programs shall be rated through the	118140
system.	118141

(I) Per-pupil funding for programs subject to this section	118142
shall be sufficient to provide eligible children with services for	118143
a standard early childhood schedule which shall be defined in this	118144
section as a minimum of twelve and one-half hours per school week	118145
as defined in section 3313.62 of the Revised Code for the minimum	118146
school year as defined in sections 3313.48, 3313.481, and 3313.482	118147
of the Revised Code. Nothing in this section shall be construed to	118148
prohibit program providers from utilizing other funds to serve	118149
eligible children in programs that exceed the twelve and one-half	118150
hours per week or that exceed the minimum school year. For any	118151
provider for which a standard early childhood education schedule	118152
creates a hardship or for which the provider shows evidence that	118153
the provider is working in collaboration with a preschool special	118154
education program, the provider may submit a waiver to the	118155
Department requesting an alternate schedule. If the Department	118156
approves a waiver for an alternate schedule that provides services	118157
for less time than the standard early childhood education	118158
schedule, the Department may reduce the provider's annual	118159
allocation proportionately. Under no circumstances shall an annual	118160
allocation be increased because of the approval of an alternate	118161
schedule.	118162

(J) Each provider shall develop a sliding fee scale based on	118163
family incomes and shall charge families who earn more than two	118164
hundred per cent of the federal poverty guidelines, as defined in	118165
division (A)(3) of section 5101.46 of the Revised Code, for the	118166
early childhood education program.	118167

The Department shall conduct an annual survey of each	118168
provider to determine whether the provider charges families	118169
tuition or fees, the amount families are charged relative to	118170
family income levels, and the number of families and students	118171
charged tuition and fees for the early childhood program.	118172

(K) If an early childhood education program voluntarily	118173
waives its right for funding, or has its funding eliminated for	118174
not meeting financial standards or the early learning program	118175
standards, the provider shall transfer control of title to	118176
property, equipment, and remaining supplies obtained through the	118177
program to providers designated by the Department and return any	118178
unexpended funds to the Department along with any reports	118179
prescribed by the Department. The funding made available from a	118180
program that waives its right for funding or has its funding	118181
eliminated or reduced may be used by the Department for new grant	118182
awards or expansion grants. The Department may award new grants or	118183
expansion grants to eligible providers who apply. The eligible	118184
providers who apply must do so in accordance with the selection	118185
process established by the Department.	118186

(L) Eligible expenditures for the Early Childhood Education	118187
Program shall be claimed each fiscal year to help meet the state's	118188
TANF maintenance of effort requirement. The Superintendent of	118189
Public Instruction and the Director of Job and Family Services	118190
shall enter into an interagency agreement to carry out the	118191
requirements under this division, which shall include developing	118192
reporting guidelines for these expenditures.	118193

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	118194
SUPPORT	118195

The foregoing appropriation item 200420, Information	118196
Technology Development and Support, shall be used to support the	118197
development and implementation of information technology solutions	118198
designed to improve the performance and services of the Department	118199
of Education. Funds may be used for personnel, maintenance, and	118200
equipment costs related to the development and implementation of	118201
these technical system projects. Implementation of these systems	118202
shall allow the Department to provide greater levels of assistance	118203
to school districts and to provide more timely information to the	118204
public, including school districts, administrators, and	118205
legislators. Funds may also be used to support data-driven	118206
decision-making and differentiated instruction, as well as to	118207
communicate academic content standards and curriculum models to	118208
schools through web-based applications.	118209

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

118210

The foregoing appropriation item 200421, Alternative	118211
Education Programs, shall be used for the renewal of successful	118212
implementation grants and for competitive matching grants to	118213
school districts for alternative educational programs for existing	118214
and new at-risk and delinquent youth. Programs shall be focused on	118215
youth in one or more of the following categories: those who have	118216
been expelled or suspended, those who have dropped out of school	118217
or who are at risk of dropping out of school, those who are	118218
habitually truant or disruptive, or those on probation or on	118219
parole from a Department of Youth Services facility. Grants shall	118220
be awarded only to programs in which the grant will not serve as	118221
the program's primary source of funding. These grants shall be	118222
administered by the Department of Education.	118223

The Department of Education may waive compliance with any	118224
minimum education standard established under section 3301.07 of	118225
the Revised Code for any alternative school that receives a grant	118226
under this section on the grounds that the waiver will enable the	118227
program to more effectively educate students enrolled in the	118228
alternative school.	118229

Of the foregoing appropriation item 200421, Alternative	118230
Education Programs, a portion may be used for program	118231
administration, monitoring, technical assistance, support,	118232
research, and evaluation.	118233

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

118234

Of the foregoing appropriation item 200422, School Management	118235
Assistance, $1,000,000 in each fiscal year shall be used by the	118236
Auditor of State in consultation with the Department of Education	118237
for expenses incurred in the Auditor of State's role relating to	118238
fiscal caution, fiscal watch, and fiscal emergency activities as	118239
defined in Chapter 3316. of the Revised Code, unless an amount	118240
less than $1,000,000 is needed and mutually agreed to by the	118241
Department and the Auditor of State. This set-aside may also be	118242
used by the Auditor of State to conduct performance audits of	118243
other school districts with priority given to districts in fiscal	118244
distress. Districts in fiscal distress shall be determined by the	118245
Auditor of State and shall include districts that the Auditor of	118246
State, in consultation with the Department of Education,	118247
determines are employing fiscal practices or experiencing	118248
budgetary conditions that could produce a state of fiscal watch or	118249
fiscal emergency.	118250

The remainder of appropriation item 200422, School Management	118251
Assistance, shall be used by the Department of Education to	118252
provide fiscal technical assistance and inservice education for	118253
school district management personnel and to administer, monitor,	118254
and implement the fiscal caution, fiscal watch, and fiscal	118255
emergency provisions under Chapter 3316. of the Revised Code.	118256

Section 263.60. POLICY ANALYSIS

118257

The foregoing appropriation item 200424, Policy Analysis,	118258
shall be used by the Department of Education to support a system	118259
of administrative, statistical, and legislative education	118260
information to be used for policy analysis. Staff supported by	118261
this appropriation shall administer the development of reports,	118262
analyses, and briefings to inform education policymakers of	118263
current trends in education practice, efficient and effective use	118264
of resources, and evaluation of programs to improve education	118265
results. The database shall be kept current at all times. These	118266
research efforts shall be used to supply information and analysis	118267
of data to the General Assembly and other state policymakers,	118268
including the Office of Budget and Management, the Governor's	118269
Office of 21st Century Education, and the Legislative Service	118270
Commission.	118271

The Department of Education may use funding from this	118272
appropriation item to purchase or contract for the development of	118273
software systems or contract for policy studies that will assist	118274
in the provision and analysis of policy-related information.	118275
Funding from this appropriation item also may be used to monitor	118276
and enhance quality assurance for research-based policy analysis	118277
and program evaluation to enhance the effective use of education	118278
information to inform education policymakers.	118279

TECH PREP CONSORTIA SUPPORT

118280

The foregoing appropriation item 200425, Tech Prep Consortia	118281
Support, shall be used by the Department of Education to support	118282
state-level activities designed to support, promote, and expand	118283
tech prep programs. Use of these funds shall include, but not be	118284
limited to, administration of grants, program evaluation,	118285
professional development, curriculum development, assessment	118286
development, program promotion, communications, and statewide	118287
coordination of tech prep consortia.	118288

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

118289

The foregoing appropriation item 200426, Ohio Educational	118290
Computer Network, shall be used by the Department of Education to	118291
maintain a system of information technology throughout Ohio and to	118292
provide technical assistance for such a system in support of the	118293
P-16 State Education Technology Plan developed under section	118294
3353.09 of the Revised Code.	118295

Of the foregoing appropriation item 200426, Ohio Educational	118296
Computer Network, up to $10,705,569 in each fiscal year shall be	118297
used by the Department of Education to support connection of all	118298
public school buildings and participating chartered nonpublic	118299
schools to the state's education network, to each other, and to	118300
the Internet. In each fiscal year the Department of Education	118301
shall use these funds to assist information technology centers or	118302
school districts with the operational costs associated with this	118303
connectivity. The Department of Education shall develop a formula	118304
and guidelines for the distribution of these funds to information	118305
technology centers or individual school districts. As used in this	118306
section, "public school building" means a school building of any	118307
city, local, exempted village, or joint vocational school	118308
district, any community school established under Chapter 3314. of	118309
the Revised Code, any college preparatory boarding school	118310
established under Chapter 3328. of the Revised Code, any STEM	118311
school established under Chapter 3326. of the Revised Code, any	118312
educational service center building used for instructional	118313
purposes, the Ohio School for the Deaf and the Ohio School for the	118314
Blind, high schools chartered by the Ohio Department of Youth	118315
Services, or high schools operated by Ohio Department of	118316
Rehabilitation and Corrections' Ohio Central School System.	118317

Of the foregoing appropriation item 200426, Ohio Educational	118318
Computer Network, up to $2,500,000 in each fiscal year shall be	118319
used for the Union Catalog and InfOhio Network and to support the	118320
provision of electronic resources with priority given to resources	118321
that support the teaching of state academic content standards in	118322
all public schools. Consideration shall be given by the Department	118323
of Education to coordinating the allocation of these moneys with	118324
the efforts of Libraries Connect Ohio, whose members include	118325
OhioLINK, the Ohio Public Information Network, and the State	118326
Library of Ohio.	118327

Of the foregoing appropriation item 200426, Ohio Educational	118328
Computer Network, up to $5,220,000 in each fiscal year shall be	118329
used, through a formula and guidelines devised by the Department,	118330
to subsidize the activities of designated information technology	118331
centers, as defined by State Board of Education rules, to provide	118332
school districts and chartered nonpublic schools with	118333
computer-based student and teacher instructional and	118334
administrative information services, including approved	118335
computerized financial accounting, and to ensure the effective	118336
operation of local automated administrative and instructional	118337
systems.	118338

Of the foregoing appropriation item 200426, Ohio Educational	118339
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	118340
used for middle mile connections for the information technology	118341
centers established under section 3301.075 of the Revised Code and	118342
select large urban districts to connect to the state broadband	118343
backbone managed by the Ohio Technology Consortium and for other	118344
connectivity upgrades necessary for K-12 school buildings with	118345
severely restricted broadband connections. The Department of	118346
Education shall develop an expenditure plan aligned with the	118347
capacity and timeline requirements of the achievement assessments	118348
developed by the Partnership for Assessment of Readiness for	118349
College and Careers and other instructional technology/blended	118350
learning initiatives. The State Chief Information Officer and the	118351
Education Technology Division of the Ohio Board of Regents shall	118352
review the plan to ensure it coincides with State of Ohio and	118353
higher education network strategies and shall either approve or	118354
reject the plan. If the plan is rejected, the State Chief	118355
Information Officer and the Education Technology Division of the	118356
Ohio Board of Regents shall identify deficiencies in the plan and	118357
work with the Department to complete an acceptable plan. "Select	118358
large urban districts" are those districts that connect to the	118359
state broadband backbone directly rather than through an	118360
information technology center. At the request of the	118361
Superintendent of Public Instruction, the Director of Budget and	118362
Management may authorize the expenditure in fiscal year 2015 of	118363
any unexpended and unencumbered portion of this set-aside at the	118364
end of fiscal year 2014. The authorized expenditure is hereby	118365
reappropriated to the Department for the same purpose for fiscal	118366
year 2015.	118367

The remainder of appropriation item 200426, Ohio Educational	118368
Computer Network, shall be used to support the work of the	118369
development, maintenance, and operation of a network of uniform	118370
and compatible computer-based information and instructional	118371
systems as well as the teacher student linkage/roster verification	118372
process and the eTranscript/student records exchange initiative.	118373
This technical assistance shall include, but not be restricted to,	118374
development and maintenance of adequate computer software systems	118375
to support network activities. In order to improve the efficiency	118376
of network activities, the Department and information technology	118377
centers may jointly purchase equipment, materials, and services	118378
from funds provided under this appropriation for use by the	118379
network and, when considered practical by the Department, may	118380
utilize the services of appropriate state purchasing agencies.	118381

Section 263.80. ACADEMIC STANDARDS

118382

The foregoing appropriation item 200427, Academic Standards,	118383
shall be used by the Department of Education to develop, revise,	118384
and communicate to school districts academic content standards and	118385
curriculum models and to develop professional development programs	118386
and other tools on the new content standards and model curriculum.	118387

Section 263.90. STUDENT ASSESSMENT

118388

Of the foregoing appropriation item 200437, Student	118389
Assessment, up to $95,000 in each fiscal year may be used to	118390
support the assessments required under section 3301.0715 of the	118391
Revised Code.	118392

The remainder of appropriation item 200437, Student	118393
Assessment, shall be used to develop, field test, print,	118394
distribute, score, report results, and support other associated	118395
costs for the tests required under sections 3301.0710, 3301.0711,	118396
and 3301.0712 of the Revised Code and for similar purposes as	118397
required by section 3301.27 of the Revised Code. The funds may	118398
also be used to update and develop diagnostic assessments required	118399
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	118400
Code.	118401

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	118402
ASSESSMENT	118403

In fiscal year 2014 and fiscal year 2015, if the	118404
Superintendent of Public Instruction determines that additional	118405
funds are needed to fully fund the requirements of sections	118406
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	118407
and this act for assessments of student performance, the	118408
Superintendent of Public Instruction may recommend the	118409
reallocation of unexpended and unencumbered General Revenue Fund	118410
appropriations within the Department of Education to appropriation	118411
item 200437, Student Assessment, to the Director of Budget and	118412
Management. If the Director of Budget and Management determines	118413
that such a reallocation is required, the Director of Budget and	118414
Management may transfer unexpended and unencumbered appropriations	118415
within the Department of Education as necessary to appropriation	118416
item 200437, Student Assessment. If these transferred	118417
appropriations are not sufficient to fully fund the assessment	118418
requirements in fiscal year 2014 or fiscal year 2015, the	118419
Superintendent of Public Instruction may request that the	118420
Controlling Board transfer up to $9,000,000 cash from the Lottery	118421
Profits Education Reserve Fund (Fund 7018) to the General Revenue	118422
Fund. Upon approval of the Controlling Board, the Director of	118423
Budget and Management shall transfer the cash. These transferred	118424
funds are hereby appropriated for the same purpose as	118425
appropriation item 200437, Student Assessment.	118426

Section 263.100. Notwithstanding anything to the contrary in	118427
sections 3301.0710 and 3301.0711 of the Revised Code, in the	118428
2013-2014 school year, the Department of Education shall not	118429
furnish, and school districts and schools shall not administer,	118430
the elementary writing and social studies achievement assessments	118431
prescribed by section 3301.0710 of the Revised Code, unless the	118432
Superintendent of Public Instruction determines the Department has	118433
sufficient funds to pay the costs of furnishing and scoring those	118434
assessments.	118435

Section 263.110. ACCOUNTABILITY/REPORT CARDS

118436

Of the foregoing appropriation item 200439,	118437
Accountability/Report Cards, a portion in each fiscal year may be	118438
used to train district and regional specialists and district	118439
educators in the use of the value-added progress dimension and in	118440
the use of data as it relates to improving student achievement.	118441
This training may include teacher and administrator professional	118442
development in the use of data to improve instruction and student	118443
learning, and teacher and administrator training in understanding	118444
teacher value-added reports and how they can be used as a	118445
component in measuring teacher and administrator effectiveness. A	118446
portion of this funding may be provided to a credible nonprofit	118447
organization with expertise in value-added progress dimensions.	118448

The remainder of appropriation item 200439,	118449
Accountability/Report Cards, shall be used by the Department to	118450
incorporate a statewide value-added progress dimension into	118451
performance ratings for school districts and for the development	118452
of an accountability system that includes the preparation and	118453
distribution of school report cards, funding and expenditure	118454
accountability reports under sections 3302.03 and 3302.031 of the	118455
Revised Code, and the development and maintenance of teacher	118456
value-added reports.	118457

CHILD CARE LICENSING

118458

The foregoing appropriation item 200442, Child Care	118459
Licensing, shall be used by the Department of Education to license	118460
and to inspect preschool and school-age child care programs under	118461
sections 3301.52 to 3301.59 of the Revised Code.	118462

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

118463

The foregoing appropriation item 200446, Education Management	118464
Information System, shall be used by the Department of Education	118465
to improve the Education Management Information System (EMIS).	118466

Of the foregoing appropriation item 200446, Education	118467
Management Information System, up to $729,000 in each fiscal year	118468
shall be distributed to designated information technology centers	118469
for costs relating to processing, storing, and transferring data	118470
for the effective operation of the EMIS. These costs may include,	118471
but are not limited to, personnel, hardware, software development,	118472
communications connectivity, professional development, and support	118473
services, and to provide services to participate in the State	118474
Education Technology Plan developed under section 3353.09 of the	118475
Revised Code.	118476

The remainder of appropriation item 200446, Education	118477
Management Information System, shall be used to develop and	118478
support a common core of data definitions and standards as adopted	118479
by the Education Management Information System Advisory Board,	118480
including the ongoing development and maintenance of the data	118481
dictionary and data warehouse. In addition, such funds shall be	118482
used to support the development and implementation of data	118483
standards; the design, development, and implementation of a new	118484
data exchange system; and responsibilities related to the school	118485
report cards prescribed by section 3302.03 of the Revised Code and	118486
value-added progress dimension calculations.	118487

Any provider of software meeting the standards approved by	118488
the Education Management Information System Advisory Board shall	118489
be designated as an approved vendor and may enter into contracts	118490
with local school districts, community schools, STEMS schools,	118491
information technology centers, or other educational entities for	118492
the purpose of collecting and managing data required under Ohio's	118493
education management information system (EMIS) laws. On an annual	118494
basis, the Department of Education shall convene an advisory group	118495
of school districts, community schools, and other	118496
education-related entities to review the Education Management	118497
Information System data definitions and data format standards. The	118498
advisory group shall recommend changes and enhancements based upon	118499
surveys of its members, education agencies in other states, and	118500
current industry practices, to reflect best practices, align with	118501
federal initiatives, and meet the needs of school districts.	118502

School districts, STEM schools, and community schools not	118503
implementing a common and uniform set of data definitions and data	118504
format standards for Education Management Information System	118505
purposes shall have all EMIS funding withheld until they are in	118506
compliance.	118507

Section 263.130. GED TESTING

118508

The foregoing appropriation item 200447, GED Testing, shall	118509
be used to provide General Educational Development (GED) testing	118510
under rules adopted by the State Board of Education.	118511

Section 263.140. EDUCATOR PREPARATION

118512

Of the foregoing appropriation item 200448, Educator	118513
Preparation, up to $500,000 in each fiscal year may be used by the	118514
Department of Education to monitor and support Ohio's State System	118515
of Support in accordance with the "No Child Left Behind Act of	118516
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	118517
and Secondary Education Act flexibility waivers approved for Ohio	118518
by the United States Department of Education.	118519

Of the foregoing appropriation item 200448, Educator	118520
Preparation, up to $100,000 in each fiscal year may be used by the	118521
Department to support the Educator Standards Board under section	118522
3319.61 of the Revised Code and reforms under sections 3302.042,	118523
3302.06 through 3302.068, 3302.12, 3302.20 through 3302.22, and	118524
3319.58 of the Revised Code.	118525

The remainder of the foregoing appropriation item 200448,	118526
Educator Preparation, in fiscal year 2015 may be used for	118527
implementation of teacher and principal evaluation systems,	118528
including incorporation of student growth as a metric in those	118529
systems, and teacher value-added reports.	118530

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

118531

The foregoing appropriation item 200455, Community Schools	118532
and Choice Programs, may be used by the Department of Education	118533
for additional services and responsibilities under section 3314.11	118534
of the Revised Code and for operation of the school choice	118535
programs.	118536

Of the foregoing appropriation item 200455, Community Schools	118537
and Choice Programs, a portion in each fiscal year may be used by	118538
the Department of Education for developing and conducting training	118539
sessions for community schools and sponsors and prospective	118540
sponsors of community schools as prescribed in division (A)(1) of	118541
section 3314.015 of the Revised Code, and other schools	118542
participating in school choice programs.	118543

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	118544
DEVELOPMENT	118545

The foregoing appropriation item 200465, Technology	118546
Integration and Professional Development, shall be used by the	118547
Department of Education to contract with educational television	118548
stations and education technology centers to provide Ohio public	118549
schools with instructional resources and services, with priority	118550
given to resources and services aligned with state academic	118551
content standards. Such resources and services shall be based upon	118552
the advice and approval of the Department, based on a formula used	118553
by the former eTech Ohio Commission unless and until a substitute	118554
formula is developed in consultation with the Ohio Board of	118555
Regents.	118556

Section 263.170. PUPIL TRANSPORTATION

118557

Of the foregoing appropriation item 200502, Pupil	118558
Transportation, up to $838,930 in each fiscal year may be used by	118559
the Department of Education for training prospective and	118560
experienced school bus drivers in accordance with training	118561
programs prescribed by the Department. Up to $60,469,220 in each	118562
fiscal year may be used by the Department of Education for special	118563
education transportation reimbursements to school districts and	118564
county DD boards for transportation operating costs as provided in	118565
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	118566
to $5,000,000 in fiscal year 2014 may be used by the Department of	118567
Education to reimburse school districts that make payments to	118568
parents in lieu of transportation under section 3327.02 of the	118569
Revised Code and whose transportation is not funded under division	118570
(C) of section 3317.024 of the Revised Code.	118571

Of the foregoing appropriation item 200502, Pupil	118572
Transportation, up to $25,300,000 in fiscal year 2014 and up to	118573
$23,100,000 in fiscal year 2015 shall be used for additional	118574
transportation aid for school districts as provided by division	118575
(G)(2) of section 3317.0212 of the Revised Code, as amended by	118576
this act. The Department shall pay each school district a pro rata	118577
portion of the amounts calculated so that the amount appropriated	118578
is not exceeded.	118579

The remainder of appropriation item 200502, Pupil	118580
Transportation, shall be used to distribute the amounts calculated	118581
for transportation aid under division (G)(1) of section 3317.0212	118582
of the Revised Code, as amended by this act.	118583

Section 263.180. SCHOOL LUNCH MATCH

118584

The foregoing appropriation item 200505, School Lunch Match,	118585
shall be used to provide matching funds to obtain federal funds	118586
for the school lunch program.	118587

Any remaining appropriation after providing matching funds	118588
for the school lunch program may be used to partially reimburse	118589
school buildings within school districts that are required to have	118590
a school breakfast program under section 3313.813 of the Revised	118591
Code, at a rate decided by the Department.	118592

Section 263.190. AUXILIARY SERVICES

118593

The foregoing appropriation item 200511, Auxiliary Services,	118594
shall be used by the Department of Education for the purpose of	118595
implementing section 3317.06 of the Revised Code. Of the	118596
appropriation, up to $1,888,106 in fiscal year 2014 and up to	118597
$1,944,949 in fiscal year 2015 may be used for payment of the	118598
Post-Secondary Enrollment Program for nonpublic students, except	118599
that in fiscal year 2014 the Department may spend above the	118600
set-aside to pay for outstanding obligations for the	118601
Post-Secondary Enrollment Options Program in fiscal year 2013.	118602

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

118603

The foregoing appropriation item 200532, Nonpublic	118604
Administrative Cost Reimbursement, shall be used by the Department	118605
of Education for the purpose of implementing section 3317.063 of	118606
the Revised Code.	118607

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

118608

Of the foregoing appropriation item 200540, Special Education	118609
Enhancements, up to $50,000,000 in each fiscal year shall be used	118610
to fund special education and related services at county boards of	118611
developmental disabilities for eligible students under section	118612
3317.20 of the Revised Code and at institutions for eligible	118613
students under section 3317.201 of the Revised Code. If necessary,	118614
the Department shall proportionately reduce the amount calculated	118615
for each county board of developmental disabilities and	118616
institution so as not to exceed the amount appropriated in each	118617
fiscal year.	118618

Of the foregoing appropriation item 200540, Special Education	118619
Enhancements, up to $1,333,468 in each fiscal year shall be used	118620
for parent mentoring programs.	118621

Of the foregoing appropriation item 200540, Special Education	118622
Enhancements, up to $2,537,824 in each fiscal year may be used for	118623
school psychology interns.	118624

The remainder of appropriation item 200540, Special Education	118625
Enhancements, shall be distributed by the Department of Education	118626
to school districts and institutions, as defined in section	118627
3323.091 of the Revised Code, for preschool special education	118628
funding under section 3317.0213 of the Revised Code. If necessary,	118629
the Department shall proportionately reduce the amount calculated	118630
for each school district and institution so as not to exceed the	118631
amount appropriated in each fiscal year.	118632

The Department may reimburse school districts and	118633
institutions for services provided by instructional assistants,	118634
related services as defined in rule 3301-51-11 of the	118635
Administrative Code, physical therapy services provided by a	118636
licensed physical therapist or physical therapist assistant under	118637
the supervision of a licensed physical therapist as required under	118638
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	118639
Administrative Code and occupational therapy services provided by	118640
a licensed occupational therapist or occupational therapy	118641
assistant under the supervision of a licensed occupational	118642
therapist as required under Chapter 4755. of the Revised Code and	118643
Chapter 4755-7 of the Administrative Code. Nothing in this section	118644
authorizes occupational therapy assistants or physical therapist	118645
assistants to generate or manage their own caseloads.	118646

The Department of Education shall require school districts,	118647
educational service centers, county DD boards, and institutions	118648
serving preschool children with disabilities to adhere to Ohio's	118649
early learning program standards, participate in the tiered	118650
quality rating and improvement system developed under section	118651
5104.30 of the Revised Code, and document child progress using	118652
research-based indicators prescribed by the Department and report	118653
results annually. The reporting dates and method shall be	118654
determined by the Department. Effective July 1, 2018, all programs	118655
shall be rated through the tiered quality rating and improvement	118656
system.	118657

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

118658

Of the foregoing appropriation item 200545, Career-Technical	118659
Education Enhancements, up to $2,563,568 in each fiscal year shall	118660
be used to fund secondary career-technical education at	118661
institutions using a grant-based methodology, notwithstanding	118662
section 3317.05 of the Revised Code.	118663

Of the foregoing appropriation item 200545, Career-Technical	118664
Education Enhancements, up to $2,838,281 in each fiscal year shall	118665
be used by the Department of Education to fund competitive grants	118666
to tech prep consortia that expand the number of students enrolled	118667
in tech prep programs. These grant funds shall be used to directly	118668
support expanded tech prep programs provided to students enrolled	118669
in school districts, including joint vocational school districts,	118670
and affiliated higher education institutions. This support may	118671
include the purchase of equipment.	118672

Of the foregoing appropriation item 200545, Career-Technical	118673
Education Enhancements, up to $3,100,850 in each fiscal year shall	118674
be used by the Department of Education to support existing High	118675
Schools That Work (HSTW) sites, develop and support new sites,	118676
fund technical assistance, and support regional centers and middle	118677
school programs. The purpose of HSTW is to combine challenging	118678
academic courses and modern career-technical studies to raise the	118679
academic achievement of students. HSTW provides intensive	118680
technical assistance, focused staff development, targeted	118681
assessment services, and ongoing communications and networking	118682
opportunities.	118683

Of the foregoing appropriation item 200545, Career-Technical	118684
Education Enhancements, up to $300,000 in each fiscal year shall	118685
be used by the Department of Education to enable students in	118686
agricultural programs to enroll in a fifth quarter of instruction	118687
based on the agricultural education model of delivering work-based	118688
learning through supervised agricultural experience. The	118689
Department of Education shall determine eligibility criteria and	118690
the reporting process for the Agriculture 5th Quarter Project and	118691
shall fund as many programs as possible given the set aside.	118692

Of the foregoing appropriation item, 200545, Career-Technical	118693
Education Enhancements, up to $157,200 in each fiscal year shall	118694
be distributed to the Cleveland Municipal School District and the	118695
Cincinnati City School District to be used for a VoAg Program in	118696
one at-risk nonvocational school in each district. The amount	118697
distributed to each district shall be equal to $78,600 minus the	118698
funding allocated to the district under division (A)(8) of section	118699
3317.022 of the Revised Code for the students participating in the	118700
program.	118701

Of the foregoing appropriation item 200545, Career-Technical	118702
Education Enhancements, $108,100 in each fiscal year shall be used	118703
to prepare students for careers in culinary arts and restaurant	118704
management under the Ohio ProStart school restaurant program.	118705

Section 263.230. FOUNDATION FUNDING

118706

Of the foregoing appropriation item 200550, Foundation	118707
Funding, up to $675,000 in each fiscal year shall be used to	118708
support the work of the College of Education and Human Ecology at	118709
the Ohio State University in reviewing and assessing the alignment	118710
of courses offered through the distance learning clearinghouse	118711
established in sections 3333.81 to 3333.88 of the Revised Code	118712
with the academic content standards adopted under division (A) of	118713
section 3301.079 of the Revised Code.	118714

Of the foregoing appropriation item 200550, Foundation	118715
Funding, up to $40,000,000 in each fiscal year shall be used to	118716
provide additional state aid to school districts, joint vocational	118717
school districts, community schools, and STEM schools for special	118718
education students under division (C)(3) of section 3314.08,	118719
section 3317.0214, division (B) of section 3317.16, and section	118720
3326.34 of the Revised Code, except that the Controlling Board may	118721
increase these amounts if presented with such a request from the	118722
Department of Education at the final meeting of the fiscal year.	118723

Of the foregoing appropriation item 200550, Foundation	118724
Funding, up to $2,000,000 in each fiscal year shall be reserved	118725
for Youth Services tuition payments under section 3317.024 of the	118726
Revised Code.	118727

Of the foregoing appropriation item 200550, Foundation	118728
Funding, up to $3,800,000 in each fiscal year shall be used to	118729
fund gifted education at educational service centers. The	118730
Department shall distribute the funding through the unit-based	118731
funding methodology in place under division (L) of section	118732
3317.024, division (E) of section 3317.05, and divisions (A), (B),	118733
and (C) of section 3317.053 of the Revised Code as they existed	118734
prior to fiscal year 2010.	118735

Of the foregoing appropriation item 200550, Foundation	118736
Funding, up to $43,500,000 in fiscal year 2014 and up to	118737
$40,000,000 in fiscal year 2015 shall be reserved to fund the	118738
state reimbursement of educational service centers under the	118739
section of this act entitled "EDUCATIONAL SERVICE CENTERS	118740
FUNDING"; and up to $3,500,000 in each fiscal year shall be	118741
distributed to educational service centers for School Improvement	118742
Initiatives and, in consultation with the Governor's Director of	118743
21st Century Education, for the provision of technical assistance	118744
as required by the Elementary and Secondary Education Act	118745
Flexibility waivers approved for Ohio by the United States	118746
Department of Education. Educational service centers shall be	118747
required to support districts in the development and	118748
implementation of their continuous improvement plans as required	118749
in section 3302.04 of the Revised Code and to provide technical	118750
assistance and support in accordance with Title I of the "No Child	118751
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	118752
administered pursuant to the Elementary and Secondary Education	118753
Act Flexibility waivers approved for Ohio by the United States	118754
Department of Education.	118755

Of the foregoing appropriation item 200550, Foundation	118756
Funding, up to $20,000,000 in each fiscal year shall be reserved	118757
for payments under sections 3317.026, 3317.027, and 3317.028 of	118758
the Revised Code. If this amount is not sufficient, the Department	118759
of Education shall prorate the payment amounts so that the	118760
aggregate amount allocated in this paragraph is not exceeded.	118761

Of the foregoing appropriation item 200550, Foundation	118762
Funding, up to $2,000,000 in each fiscal year shall be used to pay	118763
career-technical planning districts for the amounts reimbursed to	118764
students, as prescribed in this paragraph. Each career-technical	118765
planning district shall reimburse individuals taking the online	118766
General Educational Development (GED) test for the first time for	118767
application/test fees in excess of $40. Each career-technical	118768
planning district shall designate a site or sites where	118769
individuals may register and take the exam. For each individual	118770
that registers for the exam, the career-technical planning	118771
district shall make available and offer career counseling	118772
services, including information on adult education programs that	118773
are available.	118774

Of the foregoing appropriation item 200550, Foundation	118775
Funding, up to $410,000 in each fiscal year shall be used to pay	118776
career-technical planning districts $500 for each student that	118777
receives a journeyman certification, as recognized by the United	118778
States Department of Labor.	118779

Of the foregoing appropriation item 200550, Foundation	118780
Funding, up to $18,713,327 in each fiscal year shall be used to	118781
support school choice programs.	118782

Of the portion of the funds distributed to the Cleveland	118783
Municipal School District under this section, up to $11,901,887 in	118784
each fiscal year shall be used to operate the school choice	118785
program in the Cleveland Municipal School District under sections	118786
3313.974 to 3313.979 of the Revised Code. Notwithstanding	118787
divisions (B) and (C) of section 3313.978 and division (C) of	118788
section 3313.979 of the Revised Code, up to $1,000,000 in each	118789
fiscal year of this amount shall be used by the Cleveland	118790
Municipal School District to provide tutorial assistance as	118791
provided in division (H) of section 3313.974 of the Revised Code.	118792
The Cleveland Municipal School District shall report the use of	118793
these funds in the district's three-year continuous improvement	118794
plan as described in section 3302.04 of the Revised Code in a	118795
manner approved by the Department of Education.	118796

Of the foregoing appropriation item 200550, Foundation	118797
Funding, up to $2,000,000 in each fiscal year shall be used to pay	118798
college-preparatory boarding schools the per pupil boarding amount	118799
pursuant to section 3328.34 of the Revised Code.	118800

Of the foregoing appropriation item 200550, Foundation	118801
Funding, up to $500,000 in each fiscal year shall be used to	118802
support Jobs for Ohio's Graduates.	118803

Of the foregoing appropriation item 200550, Foundation	118804
Funding, an amount shall be available in each fiscal year to be	118805
paid to joint vocational school districts in accordance with	118806
division (A) of section 3317.16 of the Revised Code and the	118807
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR JOINT	118808
VOCATIONAL SCHOOL DISTRICTS."	118809

The remainder of appropriation item 200550, Foundation	118810
Funding, shall be used to distribute the amounts calculated for	118811
formula aid under section 3317.022 of the Revised Code and the	118812
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	118813
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	118814

Appropriation items 200502, Pupil Transportation, 200540,	118815
Special Education Enhancements, and 200550, Foundation Funding,	118816
other than specific set-asides, are collectively used in each	118817
fiscal year to pay state formula aid obligations for school	118818
districts, community schools, STEM schools, college preparatory	118819
boarding schools, and joint vocational school districts under this	118820
act. The first priority of these appropriation items, with the	118821
exception of specific set-asides, is to fund state formula aid	118822
obligations. It may be necessary to reallocate funds among these	118823
appropriation items or use excess funds from other general revenue	118824
fund appropriation items in the Department of Education's budget	118825
in each fiscal year, in order to meet state formula aid	118826
obligations. If it is determined that it is necessary to transfer	118827
funds among these appropriation items or to transfer funds from	118828
other General Revenue Fund appropriations in the Department of	118829
Education's budget to meet state formula aid obligations, the	118830
Department of Education shall seek approval from the Controlling	118831
Board to transfer funds as needed.	118832

The Superintendent of Public Instruction shall make payments,	118833
transfers, and deductions, as authorized by Title XXXIII of the	118834
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	118835
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	118836
amounts substantially equal to those made in the prior year, or	118837
otherwise, at the discretion of the Superintendent, until at least	118838
the effective date of the amendments and enactments made to Title	118839
XXXIII by this act. If a new school district, community school, or	118840
STEM school opens prior to the effective date of this act, the	118841
Department of Education shall pay to the district or school an	118842
amount of $5,000 per pupil, based upon the estimated number of	118843
students that the district or school is expected to serve. Any	118844
funds paid to districts or schools under this section shall be	118845
credited toward the annual funds calculated for the district or	118846
school after the changes made to Title XXXIII in this act are	118847
effective. Upon the effective date of changes made to Title XXXIII	118848
in this act, funds shall be calculated as an annual amount.	118849

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	118850
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	118851

The Department of Education shall distribute funds within	118852
appropriation item 200550, Foundation Funding, for temporary	118853
transitional aid in each fiscal year to each qualifying city,	118854
local, and exempted village school district.	118855

(A) For fiscal years 2014 and 2015, the Department shall pay	118856
temporary transitional aid to each city, local, or exempted	118857
village school district that experiences any decrease in its state	118858
foundation funding for the current fiscal year from its	118859
transitional aid guarantee base. The amount of the temporary	118860
transitional aid payment shall equal the difference between its	118861
foundation funding for the current fiscal year and its	118862
transitional aid guarantee base. If the computation made under	118863
this division results in a negative number, the district's funding	118864
under this division shall be zero.	118865

(1) As used in this section, foundation funding for each	118866
city, local, and exempted village school district for a given	118867
fiscal year equals the sum of the amount calculated for the	118868
district under section 3317.022 of the Revised Code, as re-enacted	118869
by this act, and the amounts calculated for the district under	118870
divisions (G)(1) and (2) of section 3317.0212 of the Revised Code,	118871
for that fiscal year.	118872

(2) The transitional aid guarantee base for each city, local,	118873
and exempted village school district equals the sum of the amounts	118874
computed for the district for fiscal year 2013, under Sections	118875
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	118876
129th General Assembly.	118877

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	118878
as re-enacted by this act, in fiscal year 2014, no city, local, or	118879
exempted village school district shall be allocated foundation	118880
funding that is greater than 1.06 times the district's	118881
transitional aid guarantee base.	118882

(2) Notwithstanding section 3317.022 of the Revised Code, as	118883
re-enacted by this act, in fiscal year 2015, no city, local, or	118884
exempted village school district shall be allocated foundation	118885
funding that is greater than 1.06 times the amount computed for	118886
foundation funding for the district for fiscal year 2014 plus any	118887
amount calculated for temporary transitional aid for fiscal year	118888
2014 under division (A) of this section and after any reductions	118889
made for fiscal year 2014 under division (B)(1) of this section.	118890

(3) The Department shall reduce a district's payments under	118891
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	118892
of the Revised Code, as re-enacted by this act, proportionately as	118893
necessary in order to comply with this division. If those amounts	118894
are insufficient, the Department shall proportionately reduce a	118895
district's payments under divisions (A)(3), (8), and (9) of	118896
section 3317.022 of the Revised Code, as re-enacted by this act.	118897

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	118898
VOCATIONAL SCHOOL DISTRICTS	118899

The Department of Education shall distribute funds within	118900
appropriation item 200550, Foundation Funding, for temporary	118901
transitional aid in each fiscal year to each qualifying joint	118902
vocational school district.	118903

(A) For fiscal years 2014 and 2015, the Department shall pay	118904
temporary transitional aid to each joint vocational school	118905
district that experiences any decrease in its state core	118906
foundation funding under division (A) of section 3317.16 of the	118907
Revised Code, as re-enacted by this act, for the current fiscal	118908
year from its transitional aid guarantee base. The amount of the	118909
temporary transitional aid payment shall equal the difference	118910
between the district's funding under division (A) of section	118911
3317.16 of the Revised Code for the current fiscal year and its	118912
transitional aid guarantee base. If the computation made under	118913
this division results in a negative number, the district's funding	118914
under this division shall be zero.	118915

The transitional aid guarantee base for each joint vocational	118916
school district equals the amount computed for the district for	118917
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	118918
the 129th General Assembly.	118919

(B)(1) Notwithstanding division (A) of section 3317.16 of the	118920
Revised Code, as re-enacted by this act, in fiscal year 2014, no	118921
joint vocational school district shall be allocated state core	118922
foundation funding, as computed under division (A) of section	118923
3317.16 of the Revised Code, as re-enacted by this act, that is	118924
greater than 1.06 times the district's transitional aid guarantee	118925
base.	118926

(2) Notwithstanding division (A) of section 3317.16 of the	118927
Revised Code, as re-enacted by this act, in fiscal year 2015, no	118928
joint vocational school district shall be allocated state core	118929
foundation funding, under division (A) of section 3317.16 of the	118930
Revised Code, as re-enacted by this act, that is greater than 1.06	118931
times the amount computed for state core foundation funding for	118932
the district for fiscal year 2014 under division (A) of section	118933
3317.16 of the Revised Code, as re-enacted by this act, plus any	118934
amount calculated for temporary transitional aid for fiscal year	118935
2014 under division (A) of this section and after any reductions	118936
made for fiscal year 2014 under division (B)(1) of this section.	118937

(3) The Department shall reduce a district's payments under	118938
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	118939
Code, as re-enacted by this act, proportionately as necessary in	118940
order to comply with this division. If those amounts are	118941
insufficient, the Department shall proportionately reduce a	118942
district's payments under divisions (A)(2), (5), and (6) of	118943
section 3317.16 of the Revised Code, as re-enacted by this act.	118944

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

118945

The Superintendent of Public Instruction shall not request,	118946
and the Controlling Board shall not approve, the transfer of	118947
appropriation from appropriation item 200901, Property Tax	118948
Allocation - Education, to any other appropriation item.	118949

The appropriation item 200901, Property Tax Allocation -	118950
Education, is appropriated to pay for the state's costs incurred	118951
because of the homestead exemption, the property tax rollback, and	118952
payments required under division (C) of section 5705.2110 of the	118953
Revised Code. In cooperation with the Department of Taxation, the	118954
Department of Education shall distribute these funds directly to	118955
the appropriate school districts of the state, notwithstanding	118956
sections 321.24 and 323.156 of the Revised Code, which provide for	118957
payment of the homestead exemption and property tax rollback by	118958
the Tax Commissioner to the appropriate county treasurer and the	118959
subsequent redistribution of these funds to the appropriate local	118960
taxing districts by the county auditor.	118961

Upon receipt of these amounts, each school district shall	118962
distribute the amount among the proper funds as if it had been	118963
paid as real or tangible personal property taxes. Payments for the	118964
costs of administration shall continue to be paid to the county	118965
treasurer and county auditor as provided for in sections 319.54,	118966
321.26, and 323.156 of the Revised Code.	118967

Any sums, in addition to the amount specifically appropriated	118968
in appropriation items 200901, Property Tax Allocation -	118969
Education, for the homestead exemption and the property tax	118970
rollback payments, and payments required under division (C) of	118971
section 5705.2110 of the Revised Code, which are determined to be	118972
necessary for these purposes, are hereby appropriated.	118973

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

118974

The foregoing appropriation item 200681, Teacher	118975
Certification and Licensure, shall be used by the Department of	118976
Education in each year of the biennium to administer and support	118977
teacher certification and licensure activities.	118978

SCHOOL DISTRICT SOLVENCY ASSISTANCE

118979

(A) Of the foregoing appropriation item 200687, School	118980
District Solvency Assistance, $20,000,000 in each fiscal year	118981
shall be allocated to the School District Shared Resource Account	118982
and $5,000,000 in each fiscal year shall be allocated to the	118983
Catastrophic Expenditures Account. These funds shall be used to	118984
provide assistance and grants to school districts to enable them	118985
to remain solvent under section 3316.20 of the Revised Code.	118986
Assistance and grants shall be subject to approval by the	118987
Controlling Board. Except as provided under division (C) of this	118988
section, any required reimbursements from school districts for	118989
solvency assistance shall be made to the appropriate account in	118990
the School District Solvency Assistance Fund (Fund 5H30).	118991

(B) Notwithstanding any provision of law to the contrary,	118992
upon the request of the Superintendent of Public Instruction, the	118993
Director of Budget and Management may make transfers to the School	118994
District Solvency Assistance Fund (Fund 5H30) from any fund used	118995
by the Department of Education or the General Revenue Fund to	118996
maintain sufficient cash balances in Fund 5H30 in fiscal years	118997
2014 and 2015. Any cash transferred is hereby appropriated. The	118998
transferred cash may be used by the Department of Education to	118999
provide assistance and grants to school districts to enable them	119000
to remain solvent and to pay unforeseeable expenses of a temporary	119001
or emergency nature that the school district is unable to pay from	119002
existing resources. The Director of Budget and Management shall	119003
notify the members of the Controlling Board of any such transfers.	119004

(C) If the cash balance of the School District Solvency	119005
Assistance Fund (Fund 5H30) is insufficient to pay solvency	119006
assistance in fiscal years 2014 and 2015, at the request of the	119007
Superintendent of Public Instruction, and with the approval of the	119008
Controlling Board, the Director of Budget and Management may	119009
transfer cash from the Lottery Profits Education Reserve Fund	119010
(Fund 7018) to Fund 5H30 to provide assistance and grants to	119011
school districts to enable them to remain solvent and to pay	119012
unforeseeable expenses of a temporary nature that they are unable	119013
to pay from existing resources under section 3316.20 of the	119014
Revised Code. Such transfers are hereby appropriated to	119015
appropriation item 200670, School District Solvency Assistance –	119016
Lottery. Any required reimbursements from school districts for	119017
solvency assistance granted from appropriation item 200670, School	119018
District Solvency Assistance – Lottery, shall be made to Fund	119019
7018.	119020

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

119021

Upon the request of the Superintendent of Public Instruction,	119022
the Director of Budget and Management may transfer up to $750,000	119023
cash in each fiscal year from the General Revenue Fund to the	119024
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	119025
transferred cash is to be used by the Department of Education to	119026
pay the expenses the Department incurs in administering the	119027
Medicaid School Component of the Medicaid program established	119028
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	119029
of each fiscal year, or as soon as possible thereafter, the	119030
Director of Budget and Management shall transfer cash from Fund	119031
3AF0 back to the General Revenue Fund in an amount equal to the	119032
total amount transferred to Fund 3AF0 in that fiscal year.	119033

The money deposited into Fund 3AF0 under division (B) of	119034
section 5162.64 of the Revised Code is hereby appropriated for	119035
fiscal years 2014 and 2015 and shall be used in accordance with	119036
division (C) of section 5162.64 of the Revised Code.	119037

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

119038

The foregoing appropriation item 200626, Half-Mill	119039
Maintenance Equalization, shall be used to make payments pursuant	119040
to section 3318.18 of the Revised Code.	119041

Section 263.300. GATES FOUNDATION GRANTS

119042

The foregoing appropriation item 200668, Gates Foundation	119043
Grants, shall be used by the Department of Education to provide	119044
professional development to school district principals,	119045
superintendents, and other administrative staff on the use of	119046
education technology.	119047

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

119048

Notwithstanding section 3317.064 of the Revised Code, if the	119049
unexpended, unencumbered cash balance is sufficient, the Treasurer	119050
of State shall transfer $1,500,000 in fiscal year 2014 within	119051
thirty days after the effective date of this section, and	119052
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	119053
Auxiliary Services Personnel Unemployment Compensation Fund to the	119054
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	119055
Department of Education.	119056

Section 263.320. LOTTERY PROFITS EDUCATION FUND

119057

Appropriation item 200612, Foundation Funding (Fund 7017),	119058
shall be used in conjunction with appropriation item 200550,	119059
Foundation Funding (GRF), to provide state foundation payments to	119060
school districts.	119061

The Department of Education, with the approval of the	119062
Director of Budget and Management, shall determine the monthly	119063
distribution schedules of appropriation item 200550, Foundation	119064
Funding (GRF), and appropriation item 200612, Foundation Funding	119065
(Fund 7017). If adjustments to the monthly distribution schedule	119066
are necessary, the Department of Education shall make such	119067
adjustments with the approval of the Director of Budget and	119068
Management.	119069

STRAIGHT A FUND

119070

Of the foregoing appropriation item, 200648, Straight A Fund,	119071
up to $375,000 in each fiscal year shall be used to provide	119072
scholarships to parents of high needs children enrolled in the Get	119073
Ready for Kindergarten pilot program. These scholarships shall be	119074
administered as provided under the section of this act entitled	119075
"GET READY FOR KINDERGARTEN."	119076

Of the foregoing appropriation item 200648, Straight A Fund,	119077
up to $500,000 in fiscal year 2014 and up to $3,000,000 in fiscal	119078
year 2015 shall be used for the New Leaders for Ohio Schools Pilot	119079
Project in accordance with Section 733.40 of this act.	119080

The remainder of appropriation item 200648, Straight A Fund,	119081
shall be used to make competitive grants in accordance with	119082
Section 263.325 of this act.	119083

EDCHOICE EXPANSION

119084

The foregoing appropriation item 200666, EdChoice Expansion,	119085
shall be used as follows:	119086

(A) In fiscal year 2014, notwithstanding section 3310.032 of	119087
the Revised Code, the Department of Education shall administer an	119088
expansion of the Educational Choice Scholarship program as	119089
follows:	119090

(1) A student is an "eligible student" for purposes of the	119091
expansion of the Educational Choice Scholarship Pilot Program	119092
under division (A) of this section if the student's resident	119093
district is not a school district in which the pilot project	119094
scholarship program is operating under sections 3313.974 to	119095
3313.979 of the Revised Code and the student's family income is at	119096
or below two hundred per cent of the federal poverty guidelines,	119097
as defined in section 5101.46 of the Revised Code.	119098

(2) The Department shall pay scholarships to attend chartered	119099
nonpublic schools in accordance with section 3310.08 of the	119100
Revised Code. The number of scholarships awarded under division	119101
(A) of this section shall not exceed the number that can be funded	119102
with appropriations made by the general assembly for this purpose.	119103

(3) Scholarships under division (A) of this section shall be	119104
awarded for the 2013-2014 school year, to eligible students who	119105
are entering kindergarten in that school year for the first time.	119106

(4) If the number of eligible students who apply for a	119107
scholarship exceeds the scholarships available based on the	119108
appropriation for division (A) of this section, the department	119109
shall award scholarships in the following order of priority:	119110

(a) First, to eligible students with family incomes at or	119111
below one hundred per cent of the federal poverty guidelines.	119112

(b) Second, to other eligible students who qualify under	119113
division (A) of this section. If the number of students described	119114
in division (A)(4)(b) of this section exceeds the number of	119115
available scholarships after awards are made under division	119116
(A)(4)(a) of this section, the department shall select students	119117
described in division (A)(4)(b) of this section by lot to receive	119118
any remaining scholarships.	119119

(5) A student who receives a scholarship under division (A)	119120
of this section remains an eligible student and may continue to	119121
receive scholarships under section 3310.032 of the Revised Code in	119122
subsequent school years until the student completes grade twelve,	119123
so long as the student satisfies the conditions specified in	119124
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	119125

Once a scholarship is awarded under this section, the student	119126
shall remain eligible for that scholarship for the current and	119127
subsequent school years, even if the student's family income rises	119128
above the amount specified in division (A) of section 3310.032 of	119129
the Revised Code, provided the student remains enrolled in a	119130
chartered nonpublic school.	119131

(B) In fiscal year 2015, to provide for the scholarships	119132
awarded under the expansion of the educational choice program	119133
established under section 3310.032 of the Revised Code. The number	119134
of scholarships awarded under the expansion of the educational	119135
choice program shall not exceed the number that can be funded with	119136
the appropriations made by the General Assembly for this purpose.	119137

COMMUNITY SCHOOL FACILITIES

119138

The foregoing appropriation item 200684, Community School	119139
Facilities, shall be used to pay each community school established	119140
under Chapter 3314. of the Revised Code that is not an internet-	119141
or computer-based community school an amount equal to $100 for	119142
each full-time equivalent pupil for assistance with the cost	119143
associated with facilities. If the amount appropriated is not	119144
sufficient, the Department of Education shall prorate the amounts	119145
so that the aggregate amount appropriated is not exceeded.	119146

Section 263.323. GET READY FOR KINDERGARTEN

119147

(A) A preschool is an "eligible preschool" for the purposes	119148
of this section if the preschool has a quality rating in the top	119149
two tiers of the tiered rating improvement system developed under	119150
division (C)(3)(d) of section 5104.30 of the Revised Code.	119151

(B) The Department of Education shall provide scholarships to	119152
parents of high needs children to enroll in eligible preschools as	119153
defined in division (A) of this section.	119154

(C) Scholarships under this section shall be awarded to	119155
students who are at least age three but are not of compulsory	119156
school age, as defined in section 3321.01 of the Revised Code, and	119157
who are not currently enrolled in kindergarten. Students who	119158
receive scholarships under this section shall enroll in eligible	119159
preschools between July 1, 2013, and December 31, 2013.	119160

Section 263.325. (A) The Straight A Program is hereby created	119161
for fiscal years 2014 and 2015 to provide grants to city, local,	119162
exempted village, and joint vocational school districts,	119163
educational service centers, community schools established under	119164
Chapter 3314., STEM schools established under Chapter 3326.,	119165
college-preparatory boarding schools established under Chapter	119166
3328. of the Revised Code, individual school buildings, and	119167
education consortia (which may represent a partnership among	119168
school districts, school buildings, community schools, or STEM	119169
schools to partner with institutions of higher education and	119170
private entities) for projects that aim to achieve at least the	119171
following goals:	119172

(1) Increased student achievement and progress;

119173

(2) Improved productivity;

119174

(3) Sustainable cost reduction of operations.

119175

(B)(1) Grants shall be awarded by an eight-member governing	119176
board consisting of the Superintendent of Public Instruction, or	119177
the Superintendent's designee, three members appointed by the	119178
Governor, two members appointed by the Speaker of the House of	119179
Representatives, and two members appointed by the President of the	119180
Senate. The Department of Education shall provide administrative	119181
support to the board. No member shall be compensated for the	119182
member's service on the board.	119183

(2) The board may establish an advisory council consisting of	119184
grant advisors with fiscal expertise and education expertise.	119185
These advisors shall evaluate proposals from grant applicants,	119186
consult with the governing board regarding strategic planning, and	119187
advise the staff administering the program. No advisor shall be	119188
compensated for this service.	119189

(3) The board shall issue an annual report to the Governor,	119190
the Speaker of the House of Representatives, the President of the	119191
Senate, and the chairpersons of the House and Senate committees	119192
that primarily deal with education regarding the types of grants	119193
awarded, the grant recipients, and the effectiveness of the grant	119194
program.	119195

(4) The board shall create a grant application and publish on	119196
the Department's web site the application and timeline for the	119197
submission, review, notification, and awarding of grant proposals.	119198

(5) With the approval of the board, the Department shall	119199
establish a system for evaluating and scoring the grant	119200
applications received under this section. The system shall give	119201
priority to applicants whose goals demonstrate particular attempts	119202
in achieving the following:	119203

(a) Cost reduction in the delivery of services;

119204

(b) Progress in improving literacy in grades kindergarten to	119205
three;	119206

(c) Achievement and progress for each subgroup of students	119207
specified under division (A) of section 3317.40 of the Revised	119208
Code;	119209

(d) Improving the performance measures included in the	119210
Prepared for Success components specified under division (B)(2) of	119211
section 3302.03 of the Revised Code;	119212

(e) Utilizing programs recognized as innovative under the	119213
federal Race to the Top program.	119214

(C) Each grant applicant shall submit a proposal that	119215
includes all of the following:	119216

(1) A description of the project for which the applicant is	119217
seeking a grant, including a description of how the project will	119218
have substantial value and lasting impact;	119219

(2) An explanation of how the project will be	119220
self-sustaining. If the project will result in increased ongoing	119221
spending, the applicant shall show how the spending will be offset	119222
by verifiable, credible, permanent spending reductions.	119223

(3) A description of quantifiable results of the project that	119224
can be benchmarked.	119225

If an education consortia described in division (A) of this	119226
section applies for a grant, the lead applicant shall be the	119227
school district, school building, community school, or STEM school	119228
that is a member of the consortia and shall so indicate on the	119229
grant application.	119230

(D)(1) Within seventy-five days after receiving a grant	119231
application, the board shall issue a decision on the application	119232
of "yes," "no," "hold," or "edit." In making its decision, the	119233
board shall consider whether the project has the capability of	119234
being replicated in other school districts and schools or creates	119235
something that can be used in other districts and schools. A grant	119236
awarded under this section to a school district, educational	119237
service center, community school, STEM school, college-preparatory	119238
boarding school, or individual school building shall not exceed	119239
$500,000. A grant awarded to an education consortia shall not	119240
exceed $1,000,000.	119241

(2) If the board issues a "hold" or "edit" decision for an	119242
application, it shall, upon returning the application to the	119243
applicant, specify the process for reconsideration of the	119244
application. An applicant may work with the grant advisors and	119245
staff to modify or improve a grant application.	119246

(E) Upon deciding to award a grant to an applicant, the board	119247
shall enter into a grant agreement with the applicant that	119248
includes all of the following:	119249

(1) The content of the applicant's proposal as outlined under	119250
division (C) of this section;	119251

(2) The project's deliverables and a timetable for their	119252
completion;	119253

(3) Conditions for receiving grant funding;

119254

(4) Conditions for receiving funding in future years if the	119255
contract is a multi-year contract;	119256

(5) A provision specifying that funding will be returned to	119257
the board if the applicant fails to implement the agreement, as	119258
determined by the Auditor of State.	119259

(6) A provision specifying that the agreement may be amended	119260
by mutual agreement between the board and the applicant.	119261

(F) Each grant awarded under this section shall be subject to	119262
approval by the Controlling Board prior to execution of the grant	119263
agreement.	119264

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

119265

(A) There is hereby created the Lottery Profits Education	119266
Reserve Fund (Fund 7018) in the State Treasury. Investment	119267
earnings of the Lottery Profits Education Reserve Fund shall be	119268
credited to the fund.	119269

(B) Notwithstanding any other provision of law to the	119270
contrary, the Director of Budget and Management may transfer cash	119271
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	119272
in fiscal year 2014 and fiscal year 2015.	119273

(C) On July 15, 2013, or as soon as possible thereafter, the	119274
Director of the Ohio Lottery Commission shall certify to the	119275
Director of Budget and Management the amount by which lottery	119276
profit transfers received by Fund 7017 exceeded $680,500,000 in	119277
fiscal year 2013.	119278

(D) On July 15, 2014, or as soon as possible thereafter, the	119279
Director of the Ohio Lottery Commission shall certify to the	119280
Director of Budget and Management the amount by which lottery	119281
profit transfers received by Fund 7017 exceeded $841,000,000 in	119282
fiscal year 2014.	119283

(E) Notwithstanding any provision of law to the contrary, in	119284
fiscal year 2014 and fiscal year 2015, the Director of Budget and	119285
Management may transfer cash in excess of the amounts necessary to	119286
support appropriations in Fund 7017 from that fund to Fund 7018.	119287

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	119288
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	119289

Notwithstanding any provision of law to the contrary, in	119290
fiscal year 2014 and fiscal year 2015 the Director of Budget and	119291
Management may make temporary transfers between the General	119292
Revenue Fund and the School District Property Tax Replacement –	119293
Business Fund (Fund 7047), used by the Department of Education, to	119294
ensure sufficient balances in Fund 7047 and to replenish the	119295
General Revenue Fund for such transfers.	119296

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	119297
BUSINESS	119298

The foregoing appropriation item 200909, School District	119299
Property Tax Replacement – Business, shall be used by the	119300
Department of Education, in consultation with the Department of	119301
Taxation, to make payments to school districts and joint	119302
vocational school districts under section 5751.21 of the Revised	119303
Code. If it is determined by the Director of Budget and Management	119304
that additional appropriations are necessary for this purpose,	119305
such amounts are hereby appropriated.	119306

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

119307

The foregoing appropriation item 200900, School District	119308
Property Tax Replacement-Utility, shall be used by the Department	119309
of Education, in consultation with the Department of Taxation, to	119310
make payments to school districts and joint vocational school	119311
districts under section 5727.85 of the Revised Code. If it is	119312
determined by the Director of Budget and Management that	119313
additional appropriations are necessary for this purpose, such	119314
amounts are hereby appropriated.	119315

DISTRIBUTION FORMULAS

119316

The Department of Education shall report the following to the	119317
Director of Budget and Management and the Legislative Service	119318
Commission:	119319

(A) Changes in formulas for distributing state	119320
appropriations, including administratively defined formula	119321
factors;	119322

(B) Discretionary changes in formulas for distributing	119323
federal appropriations;	119324

(C) Federally mandated changes in formulas for distributing	119325
federal appropriations.	119326

Any such changes shall be reported two weeks prior to the	119327
effective date of the change.	119328

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

119329

In fiscal year 2014, the Department of Education shall pay	119330
the governing board of each primary educational service center	119331
state funds equal to thirty-seven dollars times its student count,	119332
as calculated under division (G)(2) of section 3313.843 of the	119333
Revised Code.	119334

In fiscal year 2015, the Department of Education shall pay	119335
the governing board of each primary educational service center	119336
state funds equal to thirty-five dollars times its student count,	119337
as calculated under division (G)(2) of section 3313.843 of the	119338
Revised Code.	119339

If the amount earmarked for the state reimbursement of	119340
educational service centers in appropriation item 200550,	119341
Foundation Funding, is not sufficient, the Department of Education	119342
shall prorate the payment amounts so that the appropriation is not	119343
exceeded.	119344

Notwithstanding any provision of law to the contrary, the	119345
Department of Education shall modify the payments under this	119346
section as follows:	119347

(A) If an educational service center ceases operation, the	119348
Department shall redistribute that center's funding, as calculated	119349
under this section, to the remaining centers in proportion to each	119350
center's service center ADM as defined in former section 3317.11	119351
of the Revised Code, as that section existed prior to the date of	119352
its repeal.	119353

(B) If two or more educational service centers merge	119354
operations to create a single service center, the Department shall	119355
distribute the sum of the original service centers' funding, as	119356
calculated under this section, to the new service center.	119357

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	119358
ASSESSMENT OF EDUCATION PROGRESS	119359

The General Assembly intends for the Superintendent of Public	119360
Instruction to provide for school district participation in the	119361
administration of the National Assessment of Education Progress in	119362
accordance with section 3301.27 of the Revised Code. Each school	119363
and school district selected for participation by the	119364
Superintendent of Public Instruction shall participate.	119365

Section 263.380. EARMARK ACCOUNTABILITY

119366

At the request of the Superintendent of Public Instruction,	119367
any entity that receives a budget earmark under the Department of	119368
Education shall submit annually to the chairpersons of the	119369
committees of the House of Representatives and the Senate	119370
primarily concerned with education and to the Department of	119371
Education a report that includes a description of the services	119372
supported by the funds, a description of the results achieved by	119373
those services, an analysis of the effectiveness of the program,	119374
and an opinion as to the program's applicability to other school	119375
districts. For an earmarked entity that received state funds from	119376
an earmark in the prior fiscal year, no funds shall be provided by	119377
the Department of Education to an earmarked entity for a fiscal	119378
year until its report for the prior fiscal year has been	119379
submitted.	119380

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

119381

A community school established under Chapter 3314. of the	119382
Revised Code that was open for operation as a community school as	119383
of May 1, 2005, may operate from or in any home, as defined in	119384
section 3313.64 of the Revised Code, located in the state,	119385
regardless of when the community school's operations from or in a	119386
particular home began.	119387

Section 263.400. USE OF VOLUNTEERS

119388

The Department of Education may utilize the services of	119389
volunteers to accomplish any of the purposes of the Department.	119390
The Superintendent of Public Instruction shall approve for what	119391
purposes volunteers may be used and for these purposes may	119392
recruit, train, and oversee the services of volunteers. The	119393
Superintendent may reimburse volunteers for necessary and	119394
appropriate expenses in accordance with state guidelines and may	119395
designate volunteers as state employees for the purpose of motor	119396
vehicle accident liability insurance under section 9.83 of the	119397
Revised Code, for immunity under section 9.86 of the Revised Code,	119398
and for indemnification from liability incurred in the performance	119399
of their duties under section 9.87 of the Revised Code.	119400

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	119401
REIMBURSEMENTS	119402

(A) Except as expressly required under a court judgment not	119403
subject to further appeals, or a settlement agreement with a	119404
school district executed on or before June 1, 2009, in the case of	119405
a school district for which the formula ADM for fiscal year 2005,	119406
as reported for that fiscal year under division (A) of section	119407
3317.03 of the Revised Code, was reduced based on enrollment	119408
reports for community schools, made under section 3314.08 of the	119409
Revised Code, regarding students entitled to attend school in the	119410
district, which reduction of formula ADM resulted in a reduction	119411
of foundation funding or transitional aid funding for fiscal year	119412
2005, 2006, or 2007, no school district, except a district named	119413
in the court's judgment or the settlement agreement, shall have a	119414
legal claim for reimbursement of the amount of such reduction in	119415
foundation funding or transitional aid funding, and the state	119416
shall not have liability for reimbursement of the amount of such	119417
reduction in foundation funding or transitional aid funding.	119418

(B) As used in this section:

119419

(1) "Community school" means a community school established	119420
under Chapter 3314. of the Revised Code.	119421

(2) "Entitled to attend school" means entitled to attend	119422
school in a school district under section 3313.64 or 3313.65 of	119423
the Revised Code.	119424

(3) "Foundation funding" means payments calculated for the	119425
respective fiscal year under Chapter 3317. of the Revised Code.	119426

(4) "Transitional aid funding" means payments calculated for	119427
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	119428
of the 125th General Assembly, as subsequently amended; Section	119429
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	119430
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	119431
of the 127th General Assembly.	119432

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

119433

(A) If the Auditor of State or a public accountant, pursuant	119434
to section 117.41 of the Revised Code, declares a community school	119435
established under Chapter 3314. of the Revised Code to be	119436
unauditable, the Auditor of State shall provide written	119437
notification of that declaration to the school, the school's	119438
sponsor, and the Department of Education. The Auditor of State	119439
also shall post the notification on the Auditor of State's web	119440
site.	119441

(B) Notwithstanding any provision to the contrary in Chapter	119442
3314. of the Revised Code or any other provision of law, a sponsor	119443
of a community school that is notified by the Auditor of State	119444
under division (A) of this section that a community school it	119445
sponsors is unauditable shall not enter into contracts with any	119446
additional community schools under section 3314.03 of the Revised	119447
Code until the Auditor of State or a public accountant has	119448
completed a financial audit of that school.	119449

(C) Not later than forty-five days after receiving	119450
notification by the Auditor of State under division (A) of this	119451
section that a community school is unauditable, the sponsor of the	119452
school shall provide a written response to the Auditor of State.	119453
The response shall include the following:	119454

(1) An overview of the process the sponsor will use to review	119455
and understand the circumstances that led to the community school	119456
becoming unauditable;	119457

(2) A plan for providing the Auditor of State with the	119458
documentation necessary to complete an audit of the community	119459
school and for ensuring that all financial documents are available	119460
in the future;	119461

(3) The actions the sponsor will take to ensure that the plan	119462
described in division (C)(2) of this section is implemented.	119463

(D) If a community school fails to make reasonable efforts	119464
and continuing progress to bring its accounts, records, files, or	119465
reports into an auditable condition within ninety days after being	119466
declared unauditable, the Auditor of State, in addition to	119467
requesting legal action under sections 117.41 and 117.42 of the	119468
Revised Code, shall notify the Department of the school's failure.	119469
If the Auditor of State or a public accountant subsequently is	119470
able to complete a financial audit of the school, the Auditor of	119471
State shall notify the Department that the audit has been	119472
completed.	119473

(E) Notwithstanding any provision to the contrary in Chapter	119474
3314. of the Revised Code or any other provision of law, upon	119475
notification by the Auditor of State under division (D) of this	119476
section that a community school has failed to make reasonable	119477
efforts and continuing progress to bring its accounts, records,	119478
files, or reports into an auditable condition following a	119479
declaration that the school is unauditable, the Department shall	119480
immediately cease all payments to the school under Chapter 3314.	119481
of the Revised Code and any other provision of law. Upon	119482
subsequent notification from the Auditor of State under that	119483
division that the Auditor of State or a public accountant was able	119484
to complete a financial audit of the community school, the	119485
Department shall release all funds withheld from the school under	119486
this section.	119487

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

119488

In collaboration with the County Family and Children First	119489
Council, a city, local, or exempted village school district,	119490
community school, STEM school, joint vocational school district,	119491
educational service center, or county board of developmental	119492
disabilities that receives allocations from the Department of	119493
Education from appropriation item 200550, Foundation Funding, or	119494
appropriation item 200540, Special Education Enhancements, may	119495
transfer portions of those allocations to a flexible funding pool	119496
authorized by the Section of this act entitled "FAMILY AND	119497
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	119498
maintenance of effort or for federal or state funding matching	119499
requirements shall not be transferred unless the allocation may	119500
still be used to meet such requirements.	119501

Section 263.440. The Department of Education shall conduct a	119502
formative evaluation of the Jon Peterson Special Needs Scholarship	119503
Program established under sections 3310.51 to 3310.64 of the	119504
Revised Code and shall report its findings to the General	119505
Assembly, in accordance with section 101.68 of the Revised Code,	119506
not later than December 31, 2014.	119507

In conducting the evaluation, the Department shall to the	119508
extent possible gather comments from parents who have been awarded	119509
scholarships under the program, school district officials,	119510
representatives of registered private providers, educators, and	119511
representatives of educational organizations for inclusion in the	119512
report required under this section.	119513

Section 263.450. (A) The Ohio Open Enrollment Task Force is	119514
hereby established to review and make recommendations on open	119515
enrollment. The Superintendent of Public Instruction shall consult	119516
with the Governor's Office of 21st Century Education to convene a	119517
taskforce that consists of representatives from school districts	119518
that represent all sectors of Ohio's educational community.	119519

(B) The Superintendent shall designate the chairperson of the	119520
Task Force. All meetings of the Task Force shall be held at the	119521
call of the chairperson.	119522

(C) The Task Force shall review and make recommendations	119523
regarding the process by which students may enroll in other school	119524
districts under open enrollment and the funding mechanisms	119525
associated with open enrollment deductions and credits.	119526

(D) Not later than December 31, 2013, the Task Force shall	119527
issue a report of its findings and recommendations to the	119528
Governor, the President of the Senate, and the Speaker of the	119529
House of Representatives. Upon issuance of the report, the Task	119530
Force shall cease to exist.	119531

Section 263.460. Not later than December 31, 2013, the State	119532
Board of Education shall review and revise the operating standards	119533
adopted in accordance with division (D) of section 3301.07 of the	119534
Revised Code. The operating standards adopted in accordance with	119535
division (D) of section 3301.07 of the Revised Code shall be	119536
limited to the requirements necessary to ensure the health and	119537
safety of students and the requirements necessary to ensure that	119538
the individual learning needs are met for each student, including	119539
students with disabilities, economically disadvantaged students,	119540
limited English proficient students, and students identified as	119541
gifted. As much as possible, the state board shall provide schools	119542
with flexibility in meeting the standards adopted without	119543
sacrificing the quality of education delivered to students.	119544

Section 263.463. (A) In order to implement the transportation	119545
subsidy prescribed by new section 3327.02 of the Revised Code, as	119546
enacted by this act, the Department of Education shall prescribe	119547
procedures and deadlines for parents or students to apply for that	119548
subsidy for the 2014-2015 school year. The application and notice	119549
procedures and deadlines prescribed by the Department shall allow	119550
sufficient time for school district boards of education to take	119551
the exercise of the parent's or student's option to receive the	119552
subsidy, in lieu of transportation, into account when planning	119553
transportation routes and schedules for the 2014-2015 school year.	119554

(B) The State Board of Education shall adopt rules under	119555
Chapter 119. of the Revised Code prescribing procedures necessary	119556
to implement this section and new section 3327.02 of the Revised	119557
Code, as enacted by this act.	119558

Section 263.470. (A) On July 1, 2013, or as soon as possible	119559
thereafter, notwithstanding any provision of law to the contrary,	119560
and if requested by the Department of Education, the Director of	119561
Budget and Management shall make budget changes made necessary by	119562
the transfer of the operations and related management functions of	119563
the eTech Ohio Commission to the Department of Education, if any,	119564
including administrative organization, program transfers, the	119565
creation of new funds, the transfer of state funds, and the	119566
consolidation of funds, as authorized by this section. The	119567
Director of Budget and Management may, if necessary, establish	119568
encumbrances or parts of encumbrances in the fiscal year 2014-2015	119569
biennium in the appropriate fund and appropriation item for the	119570
same purpose and for payment to the same vendor. The established	119571
encumbrances plus any additional amounts determined to be	119572
necessary for the Ohio Department of Education to perform the	119573
operations and related management functions of the eTech Ohio	119574
Commission are hereby appropriated.	119575

(B) Not later than 30 days after the transfer and	119576
consolidation of the operations and related management functions	119577
of the eTech Ohio Commission to the Department of Education, an	119578
authorized officer of the eTech Ohio Commission shall certify to	119579
the Department of Education the unexpended balance and location of	119580
any funds and accounts designated for building and facility	119581
operation and management functions, and the custody of such funds	119582
and accounts shall be transferred to the Department of Education.	119583

(C) Effective July 1, 2013, the Director of Budget and	119584
Management shall cancel any existing encumbrances against	119585
appropriation item 935607, Gates Foundation Grants, and	119586
re-establish them against appropriation item 200668, Gates	119587
Foundation Grants. The re-established encumbrance amounts are	119588
hereby appropriated. Any business commenced but not completed	119589
under appropriation item 935607 by July 1, 2013, shall be	119590
completed under appropriation item 200668 in the same manner and	119591
with the same effect as if it were completed with regard to	119592
appropriation item 935607.	119593

(D) Effective July 1, 2013, the Director of Budget and	119594
Management shall cancel existing encumbrances against	119595
appropriation item 935408, General Operations, and re-establish	119596
them, as determined to be appropriate by the Director of Budget	119597
and Management, against appropriation item 200464, General	119598
Technology Operations. The re-established encumbrance amounts are	119599
hereby appropriated. Any business commenced but not completed	119600
under appropriation item 935408 by July 1, 2013, shall be	119601
completed, as determined to be appropriate by the Director of	119602
Budget and Management, under appropriation item 200464 in the same	119603
manner and with the same effect as if it were completed with	119604
regard to appropriation item 935408.	119605

(E) Effective July 1, 2013, the Director of Budget and	119606
Management shall cancel existing encumbrances against	119607
appropriation item 935411, Technology Integration and Professional	119608
Development, and re-establish them, as determined to be	119609
appropriate by the Director of Budget and Management, against	119610
appropriation item 200465, Technology Integration and Professional	119611
Development. The re-established encumbrance amounts are hereby	119612
appropriated. Any business commenced but not completed under	119613
appropriation item 935411 by July 1, 2013, shall be completed, as	119614
determined to be appropriate by the Director of Budget and	119615
Management, under appropriation item 200465 in the same manner and	119616
with the same effect as if it were completed with regard to	119617
appropriation item 935411.	119618

(F) There is hereby created the Educational Technology	119619
Practice Office as a cross-functional office comprised of	119620
employees of the Ohio Board of Regents and the Department of	119621
Education, including former employees of the eTech Ohio Commission	119622
transferred to the Ohio Board of Regents and the Department of	119623
Education. The Office shall work with educational service centers	119624
and information technology centers to develop digital learning,	119625
blended learning, and professional development materials using	119626
shared infrastructure. The Office shall also evaluate new	119627
educational technology and methodologies of teaching and learning	119628
and work with educators to increase awareness of such new	119629
technology and methodologies shown to be helpful to Ohio students.	119630

(G) TRANSFER OF EMPLOYEES

119631

As of July 1, 2013, all employees of the former eTech Ohio	119632
Commission who transferred to the Department of Education upon the	119633
abolishment of the Commission as prescribed by this section and	119634
who when employed by that Commission or a predecessor agency were	119635
included in a bargaining unit established under Chapter 4117. of	119636
the Revised Code, shall continue to be included in that bargaining	119637
unit, are public employees as defined in section 4117.01 of the	119638
Revised Code, and may collectively bargain with the Department in	119639
accordance with that chapter. Otherwise, any employee hired by the	119640
Department on or after the effective date of this section, either	119641
to fill vacancies or to fill new positions related to the	119642
transferred employees' duties, shall be exempt from Chapter 4117.	119643
of the Revised Code and shall not be public employees as defined	119644
in section 4117.01 of the Revised Code.	119645

Section 263.473. Notwithstanding section 3321.01 of the	119646
Revised Code, no student who has been admitted to and has	119647
successfully completed kindergarten in the 2012-2013 school year	119648
shall be required to repeat kindergarten based solely on the age	119649
of the student.	119650

Section 265.10. ELC OHIO ELECTIONS COMMISSION

119651

General Revenue Fund	119652

GRF	051321		Operating Expenses		$	333,117		$	333,117		119653
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		119654

General Services Fund Group	119655

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	119656
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	119657
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	119658

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	119660
DIRECTORS	119661

General Services Fund Group	119662

4K90	881609	Operating Expenses	$	737,000	$	741,000	119663
TOTAL GSF General Services							119664
Fund Group			$	737,000	$	741,000	119665
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	119666

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

119668

Accrued Leave Liability Fund Group	119669

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	119670
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	119671
TOTAL ALF Accrued Leave Liability							119672
Fund Group			$	100,087,989	$	102,309,274	119673

Agency Fund Group	119674

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	119675
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	119676
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	119677
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	119678
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	119679
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	119680
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	119681
					119682

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

119683

ACCRUED LEAVE LIABILITY FUND

119684

The foregoing appropriation item 995666, Accrued Leave Fund,	119685
shall be used to make payments from the Accrued Leave Liability	119686
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	119687
If it is determined by the Director of Budget and Management that	119688
additional amounts are necessary, the amounts are hereby	119689
appropriated.	119690

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

119691

The foregoing appropriation item 995667, Disability Fund,	119692
shall be used to make payments from the State Employee Disability	119693
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	119694
Revised Code. If it is determined by the Director of Budget and	119695
Management that additional amounts are necessary, the amounts are	119696
hereby appropriated.	119697

PAYROLL DEDUCTION FUND

119698

The foregoing appropriation item 995673, Payroll Deductions,	119699
shall be used to make payments from the Payroll Deduction Fund	119700
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	119701
is determined by the Director of Budget and Management that	119702
additional appropriation amounts are necessary, the amounts are	119703
hereby appropriated.	119704

STATE EMPLOYEE HEALTH BENEFIT FUND

119705

The foregoing appropriation item 995668, State Employee	119706
Health Benefit Fund, shall be used to make payments from the State	119707
Employee Health Benefit Fund (Fund 8080) pursuant to section	119708
124.87 of the Revised Code. If it is determined by the Director of	119709
Budget and Management that additional amounts are necessary, the	119710
amounts are hereby appropriated.	119711

DEPENDENT CARE SPENDING FUND

119712

The foregoing appropriation item 995669, Dependent Care	119713
Spending Account, shall be used to make payments from the	119714
Dependent Care Spending Fund (Fund 8090) to employees eligible for	119715
dependent care expenses pursuant to section 124.822 of the Revised	119716
Code. If it is determined by the Director of Budget and Management	119717
that additional amounts are necessary, the amounts are hereby	119718
appropriated.	119719

LIFE INSURANCE INVESTMENT FUND

119720

The foregoing appropriation item 995670, Life Insurance	119721
Investment Fund, shall be used to make payments from the Life	119722
Insurance Investment Fund (Fund 8100) for the costs and expenses	119723
of the state's life insurance benefit program pursuant to section	119724
125.212 of the Revised Code. If it is determined by the Director	119725
of Budget and Management that additional amounts are necessary,	119726
the amounts are hereby appropriated.	119727

PARENTAL LEAVE BENEFIT FUND

119728

The foregoing appropriation item 995671, Parental Leave	119729
Benefit Fund, shall be used to make payments from the Parental	119730
Leave Benefit Fund (Fund 8110) to employees eligible for parental	119731
leave benefits pursuant to section 124.137 of the Revised Code. If	119732
it is determined by the Director of Budget and Management that	119733
additional amounts are necessary, the amounts are hereby	119734
appropriated.	119735

HEALTH CARE SPENDING ACCOUNT FUND

119736

The foregoing appropriation item 995672, Health Care Spending	119737
Account, shall be used to make payments from the Health Care	119738
Spending Account Fund (Fund 8130) for payments pursuant to state	119739
employees' participation in a flexible spending account for	119740
non-reimbursed health care expenses and section 124.821 of the	119741
Revised Code. If it is determined by the Director of	119742
Administrative Services that additional appropriation amounts are	119743
necessary, the Director of Administrative Services may request	119744
that the Director of Budget and Management increase such amounts.	119745
Such amounts are hereby appropriated.	119746

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

119747

On July 1, 2013, or as soon as possible thereafter, the	119748
Director of Budget and Management shall transfer $735,000 cash	119749
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	119750
Fund (Fund 4270) used by the Department of Administrative	119751
Services, and up to $5,200,000 cash from the Cost Savings Fund	119752
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	119753
support accrued leave payouts to state employees who are	119754
participating in an annual leave conversion or who are separating	119755
from state service.	119756

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

119757

General Revenue Fund	119758

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		119759
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		119760

General Services Fund Group	119761

5720	125603	Training and Publications	$	85,000	$	85,000	119762
TOTAL GSF General Services							119763
Fund Group			$	85,000	$	85,000	119764
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	119765

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

119767

General Services Fund Group	119768

4K90	892609	Operating	$	996,938	$	993,889	119769
TOTAL GSF General Services							119770
Fund Group			$	996,938	$	993,889	119771
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	119772

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

119774

General Revenue Fund	119775

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		119776
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		119777

General Services Fund Group	119778

1990	715602	Laboratory Services	$	252,153	$	326,029	119779
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	119780
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	119781
4D50	715618	Recycled State Materials	$	50,000	$	50,000	119782
TOTAL GSF General Services							119783
Fund Group			$	13,157,833	$	13,233,709	119784

Federal Special Revenue Fund Group	119785

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	119786
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	119787
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	119788
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	119789
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	119790
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	119791
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	119792
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	119793
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	119794
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	119795
3V70	715606	Agencywide Grants	$	600,000	$	600,000	119796
TOTAL FED Federal Special Revenue							119797
Fund Group			$	46,531,800	$	46,016,675	119798

State Special Revenue Fund Group	119799

4J00	715638	Underground Injection Control	$	389,126	$	402,697	119800
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	119801
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	119802
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	119803
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	119804
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	119805
4P50	715654	Cozart Landfill	$	100,000	$	100,000	119806
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	119807
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	119808
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	119809
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	119810
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	119811
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	119812
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	119813
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	119814
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	119815
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	119816
5420	715671	Risk Management Reporting	$	208,936	$	214,826	119817
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	119818
5BC0	715617	Clean Ohio	$	611,455	$	611,455	119819
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	119820
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	119821
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	119822
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	119823
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	119824
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	119825
5BC0	715678	Corrective Actions	$	705,423	$	705,423	119826
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	119827
5BC0	715692	Administration	$	10,582,627	$	10,582,627	119828
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	119829
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	119830
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	119831
5H40	715664	Groundwater Support	$	128,212	$	223,212	119832
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	119833
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	119834
6600	715629	Infectious Waste Management	$	88,764	$	88,764	119835
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	119836
6780	715635	Air Toxic Release	$	133,636	$	133,636	119837
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	119838
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	119839
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	119840
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	119841
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	119842

Clean Ohio Conservation Fund Group	119843

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	119844
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	119845
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	119846

AREAWIDE PLANNING AGENCIES

119847

The Director of Environmental Protection Agency may award	119848
grants from appropriation item 715687, Areawide Planning Agencies,	119849
to areawide planning agencies engaged in areawide water quality	119850
management and planning activities in accordance with Section 208	119851
of the "Federal Clean Water Act," 33 U.S.C. 1288.	119852

CASH TRANSFERS

119853

On July 1, 2013, or as soon as possible thereafter, the	119854
Director of Budget and Management may transfer up to $11,400,000	119855
cash from the Hazardous Waste Management Fund (Fund 5030) to the	119856
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	119857
corrective action programs that were transferred to the Division	119858
of Environmental Response and Revitalization.	119859

On July 1, 2013, or as soon as possible thereafter, the	119860
Director of Environmental Protection shall certify to the Director	119861
of Budget and Management the cash balance in the Dredge and Fill	119862
Fund (Fund 5N20). The Director of Budget and Management shall	119863
transfer the certified amount from Fund 5N20 to the Surface Water	119864
Protection Fund (Fund 4K40). Any existing encumbrances against	119865
appropriation item 715613, Dredge and Fill, shall be canceled and	119866
reestablished against appropriation item 715650, Surface Water	119867
Protection. The reestablished encumbrance amounts are hereby	119868
appropriated and Fund 5N20 is abolished.	119869

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

119870

General Revenue Fund	119871

GRF	172321	Operating Expenses	$	545,530	$	545,530	119872
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	119873
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	119874

Section 279.10. ETH OHIO ETHICS COMMISSION

119876

General Revenue Fund	119877

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		119878
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		119879

General Services Fund Group	119880

4M60	146601	Operating Expenses	$	636,388	$	641,000	119881
TOTAL GSF General Services							119882
Fund Group			$	636,388	$	641,000	119883
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	119884

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

119886

General Revenue Fund	119887

GRF	723403		Junior Fair Subsidy		$	250,000		$	250,000		119888
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		119889

State Special Revenue Fund Group	119890

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	119891
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	119892
TOTAL SSR State Special Revenue							119893
Fund Group			$	13,129,000	$	13,129,000	119894
TOTAL ALL BUDGET FUND GROUPS			$	13,379,000	$	13,379,000	119895

STATE FAIR RESERVE

119896

The General Manager of the Expositions Commission, in	119897
consultation with the Director of Budget and Management, may	119898
submit a request to the Controlling Board to use available amounts	119899
in the State Fair Reserve Fund (Fund 6400) if revenues for the	119900
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	119901
unexpectedly low.	119902

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

119903

General Revenue Fund	119904

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	119905
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	119906
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	119907
TOTAL GRF General Revenue Fund			$	387,408,251	$	409,464,951	119908

General Services Fund Group	119909

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		119910
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		119911

State Special Revenue Fund Group	119912

4T80	230603	Community Project Administration	$	200,000	$	200,000	119913
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	119914
TOTAL SSR State Special Revenue							119915
Fund Group			$	8,750,000	$	8,750,000	119916
TOTAL ALL BUDGET FUND GROUPS			$	405,621,593	$	427,678,293	119917

Section 282.20. LEASE RENTAL PAYMENTS

119919

The foregoing appropriation item 230401, Lease Rental	119920
Payments - Cultural Facilities, shall be used to meet all payments	119921
at the times they are required to be made during the period from	119922
July 1, 2013 through June 30, 2015, from the Ohio Facilities	119923
Construction Commission under the primary leases and agreements	119924
for those arts and sports facilities made under Chapters 152. and	119925
154. of the Revised Code. These appropriations are the source of	119926
funds pledged for bond service charges on related obligations	119927
issued under Chapters 152. and 154. of the Revised Code.	119928

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

119929

The foregoing appropriation item 230908, Common Schools	119930
General Obligation Debt Service, shall be used to pay all debt	119931
service and related financing costs at the times they are required	119932
to be made during the period from July 1, 2013, through June 30,	119933
2015, for obligations issued under sections 151.01 and 151.03 of	119934
the Revised Code.	119935

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

119936

The foregoing appropriation item 230603, Community Project	119937
Administration, shall be used by the Ohio Facilities Construction	119938
Commission in administering Cultural and Sports Facilities	119939
Building Fund (Fund 7030) projects pursuant to section 123.201 of	119940
the Revised Code.	119941

Section 282.40. OPERATING EXPENSES

119942

The foregoing appropriation item 230644, Operating Expenses,	119943
shall be used by the Ohio School Facilities Commission to carry	119944
out its responsibilities under this section and Chapter 3318. of	119945
the Revised Code.	119946

In both fiscal years 2014 and 2015, the Executive Director of	119947
the Ohio School Facilities Commission shall certify on a quarterly	119948
basis to the Director of Budget and Management the amount of cash	119949
from interest earnings to be transferred from the School Building	119950
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	119951
7021), and the Educational Facilities Trust Fund (Fund N087) to	119952
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	119953
transferred from the School Building Assistance Fund (Fund 7032)	119954
may not exceed investment earnings credited to the fund, less any	119955
amount required to be paid for federal arbitrage rebate purposes.	119956

If the Executive Director of the Ohio Facilities Construction	119957
Commission determines that transferring cash from interest	119958
earnings is insufficient to support operations and carry out its	119959
responsibilities under this section and Chapter 3318. of the	119960
Revised Code, the Commission may, with the approval of the	119961
Controlling Board, transfer cash not generated from interest from	119962
the Public School Building Fund (Fund 7021) and the Educational	119963
Trust Fund (Fund N087) to the Ohio School Facilities Commission	119964
Fund (Fund 5E30).	119965

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

119966

At the request of the Executive Director of the Ohio School	119967
Facilities Commission, the Director of Budget and Management may	119968
cancel encumbrances for school district projects from a previous	119969
biennium if the district has not raised its local share of project	119970
costs within thirteen months of receiving Controlling Board	119971
approval under section 3318.05 or 3318.41 of the Revised Code. The	119972
Executive Director of the Ohio School Facilities Commission shall	119973
certify the amounts of the canceled encumbrances to the Director	119974
of Budget and Management on a quarterly basis. The amounts of the	119975
canceled encumbrances are hereby appropriated.	119976

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	119977
APPROPRIATIONS	119978

The Executive Director of the Facilities Construction	119979
Commission shall certify to the Director of Budget and Management	119980
the amount of cash receipts and related investment income,	119981
irrevocable letters of credit from a bank, or certification of the	119982
availability of funds that have been received from a county or a	119983
municipal corporation for deposit into the Capital Donations Fund	119984
(Fund 5A10) and that are related to an anticipated project. These	119985
amounts are hereby appropriated to appropriation item C37146,	119986
Capital Donations. Prior to certifying these amounts to the	119987
Director, the Executive Director shall make a written agreement	119988
with the participating entity on the necessary cash flows required	119989
for the anticipated construction or equipment acquisition project.	119990

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	119991
MAINTENANCE LEVY	119992

The Ohio School Facilities Commission shall amend the project	119993
agreement between the Commission and a school district that is	119994
participating in the Accelerated Urban School Building Assistance	119995
Program on the effective date of this section, if the Commission	119996
determines that it is necessary to do so in order to comply with	119997
division (B)(3)(c) of section 3318.38 of the Revised Code.	119998

Section 282.70. Notwithstanding any other provision of law to	119999
the contrary, the Ohio School Facilities Commission may determine	120000
the amount of funding available for disbursement in a given fiscal	120001
year for any project approved under sections 3318.01 to 3318.20 of	120002
the Revised Code in order to keep aggregate state capital spending	120003
within approved limits and may take actions including, but not	120004
limited to, determining the schedule for design or bidding of	120005
approved projects, to ensure appropriate and supportable cash	120006
flow.	120007

Section 282.80. Notwithstanding division (B) of section	120008
3318.40 of the Revised Code, the Ohio School Facilities Commission	120009
may provide assistance to at least one joint vocational school	120010
district each fiscal year for the acquisition of classroom	120011
facilities in accordance with sections 3318.40 to 3318.45 of the	120012
Revised Code.	120013

Section 282.90. The Ohio Cultural Facilities Commission is	120014
abolished. Except as otherwise provided in this section, all	120015
obligations of the Ohio Cultural Facilities Commission under	120016
agreements to which the Ohio Cultural Facilities Commission is a	120017
party, and all records and assets of the Ohio Cultural Facilities	120018
Commission, including, without limitation, equipment, inventory,	120019
contract rights, accounts, and general intangibles, are	120020
transferred to the Ohio Facilities Construction Commission.	120021

The Ohio Facilities Construction Commission shall designate	120022
the positions, if any, to be transferred to the Ohio Facilities	120023
Construction Commission, along with any equipment assigned to	120024
those positions. Any employee transferred to the Ohio Facilities	120025
Construction Commission retains the employee's respective	120026
classification, but the Ohio Facilities Construction Commission	120027
may reassign and reclassify the employee's position and	120028
compensation as the Ohio Facilities Construction Commission	120029
determines to be in the best interest of office administration.	120030

The Ohio Facilities Construction Commission shall complete	120031
any activities related to the design, planning, construction, and	120032
related management functions commenced but not completed by the	120033
Ohio Cultural Facilities Commission in the same manner and with	120034
the same effect as if the Ohio Cultural Facilities Commission had	120035
completed them. The consolidation of the commissions shall not	120036
cause the loss or impairment of any validation, cure, right,	120037
privilege, remedy, obligation, or liability, which the Ohio	120038
Facilities Construction Commission shall administer.	120039

All rules, orders, and determinations related to the design,	120040
planning, and construction and related management functions of the	120041
Ohio Cultural Facilities Commission continue in effect as rules,	120042
orders, and determinations of the Ohio Facilities Construction	120043
Commission until the Ohio Facilities Construction Commission	120044
modifies or rescinds them. The Director of the Legislative Service	120045
Commission shall renumber the rules of the Ohio Cultural	120046
Facilities Commission related to that commission's design,	120047
planning, and construction and related management functions to	120048
reflect their transfer to the Ohio Facilities Construction	120049
Commission.	120050

The transfer of functions from the Ohio Cultural Facilities	120051
Commission to the Ohio Facilities Construction Commission does not	120052
affect any pending judicial or administrative action or proceeding	120053
to which the Ohio Cultural Facilities Commission is a party and	120054
that is related to that commission's design, planning,	120055
construction, capital funding, or related management functions.	120056
Any such action or proceeding shall be prosecuted or defended in	120057
the name of the Ohio Facilities Construction Commission. On	120058
application to the court or agency, the Ohio Facilities	120059
Construction Commission shall be substituted for the Ohio Cultural	120060
Facilities Commission as a party to the action or proceeding.	120061

Effective July 1, 2013, the Director of Budget and Management	120062
shall cancel any existing encumbrances against appropriation item	120063
371603, Project Administration, and re-establish them against	120064
appropriation item 230603, Community Project Administration. The	120065
re-established encumbrance amounts are hereby appropriated. Any	120066
business commenced but not completed under appropriation item	120067
371603 by July 1, 2013, shall be completed under appropriation	120068
item 230603 in the same manner and with the same effect as if it	120069
were completed with regard to appropriation item 371603.	120070

Funds collected as part of a management contract for the	120071
Riffe Theatres, which previously were deposited in the Ohio	120072
Cultural Facilities Commission Administration Fund (Fund 4T80),	120073
shall be credited to the Theater Equipment Maintenance Fund (Fund	120074
5MV0), which is hereby created in the State Treasury. The Director	120075
of Budget and Management shall transfer from the Ohio Cultural	120076
Facilities Commission Administration Fund to the Theater Equipment	120077
Maintenance Fund any remaining cash balances from funds collected	120078
as part of a management contract for the Riffe Theatres. In order	120079
to facilitate this transfer, the Executive Director of the Ohio	120080
Facilities Construction Commission, by July 1, 2013, or as soon as	120081
possible thereafter, shall certify to the Director of Budget and	120082
Management an estimate of the amount to be transferred. The	120083
Department of Administrative Services shall use appropriation item	120084
100662, Theatre Equipment Maintenance, to spend cash in the	120085
Theatre Equipment Maintenance Fund (Fund 5MV0).	120086

The Ohio Facilities Construction Commission may enter into an	120087
interagency agreement with the Department of Administrative	120088
Services for the Department to perform any of the functions	120089
transferred to the Ohio Facilities Construction Commission under	120090
this section.	120091

Any reference to the Ohio Cultural Facilities Commission in	120092
any statute, rule, contract, grant, or other document is deemed to	120093
refer to the Ohio Facilities Construction Commission.	120094

The Ohio Facilities Construction Commission, the Ohio Public	120095
Facilities Commission, and the issuing authority of any	120096
obligations issued for the financing of capital facilities for	120097
Ohio cultural facilities and Ohio sports facilities may execute	120098
instruments, documents, and agreements and may take necessary or	120099
appropriate actions to effect the orderly transfer of those	120100
obligations from the Ohio Cultural Facilities Commission to the	120101
Ohio Facilities Construction Commission.	120102

This section takes effect July 1, 2013.

120103

Section 283.10. GOV OFFICE OF THE GOVERNOR

120104

General Revenue Fund	120105

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		120106
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		120107

General Services Fund Group	120108

5AK0	040607		Government Relations		$	365,149		$	365,149		120109
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		120110

TOTAL ALL BUDGET FUND GROUPS

3,216,701

120111

GOVERNMENT RELATIONS

120112

A portion of the foregoing appropriation item 040607,	120113
Government Relations, may be used to support Ohio's membership in	120114
national or regional associations.	120115

The Office of the Governor may charge any state agency of the	120116
executive branch using an intrastate transfer voucher such amounts	120117
necessary to defray the costs incurred for the conduct of	120118
governmental relations associated with issues that can be	120119
attributed to the agency. Amounts collected shall be deposited in	120120
the Government Relations Fund (Fund 5AK0).	120121

Section 285.10. DOH DEPARTMENT OF HEALTH

120122

General Revenue Fund	120123

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	120124
GRF	440413	Local Health Departments	$	823,061	$	823,061	120125
GRF	440416	Mothers and Children Safety Net Services	$	4,228,015	$	4,228,015	120126
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	120127
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	120128
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	120129
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	120130
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	120131
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	120132
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	120133
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	120134
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	120135
GRF	440467	Access to Dental Care	$	540,484	$	540,484	120136
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	120137
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	120138
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	120139
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	120140
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	120141
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	120142
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	120143
TOTAL GRF General Revenue Fund			$	85,720,926	$	85,720,926	120144

State Highway Safety Fund Group	120145

4T40	440603	Child Highway Safety	$	233,894	$	233,894	120146
TOTAL HSF State Highway Safety							120147
Fund Group			$	233,894	$	233,894	120148

General Services Fund Group	120149

1420	440646	Agency Health Services	$	820,998	$	820,998	120150
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	120151
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	120152
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	120153
6980	440634	Nurse Aide Training	$	99,265	$	99,265	120154
TOTAL GSF General Services							120155
Fund Group			$	37,635,854	$	38,072,732	120156

Federal Special Revenue Fund Group	120157

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	120158
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	120159
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	120160
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	120161
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	120162
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	120163
TOTAL FED Federal Special Revenue							120164
Fund Group			$	455,010,657	$	457,383,142	120165

State Special Revenue Fund Group	120166

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	120167
4710	440619	Certificate of Need	$	878,433	$	878,433	120168
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	120169
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	120170
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	120171
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	120172
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	120173
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	120174
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	120175
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	120176
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	120177
5CN0	440645	Choose Life	$	75,000	$	75,000	120178
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	120179
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	120180
5G40	440639	Adoption Services	$	20,000	$	20,000	120181
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	120182
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	120183
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	120184
TOTAL SSR State Special Revenue							120185
Fund Group			$	68,601,542	$	68,946,022	120186

Holding Account Redistribution Fund Group	120187

R014	440631	Vital Statistics	$	44,986	$	44,986	120188
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	120189
TOTAL 090 Holding Account							120190
Redistribution Fund Group			$	64,986	$	64,986	120191

Tobacco Master Settlement Agreement Fund Group	120192

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	120193
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	120194
TOTAL ALL BUDGET FUND GROUPS			$	648,717,859	$	651,871,702	120195

Section 285.20. HIV/AIDS PREVENTION/TREATMENT

120197

The foregoing appropriation item 440444, AIDS Prevention and	120198
Treatment, shall be used to assist persons with HIV/AIDS in	120199
acquiring HIV-related medications and to administer educational	120200
prevention initiatives.	120201

PUBLIC HEALTH LABORATORY

120202

A portion of the foregoing appropriation item 440451, Public	120203
Health Laboratory, shall be used for coordination and management	120204
of prevention program operations and the purchase of drugs for	120205
sexually transmitted diseases.	120206

HELP ME GROW

120207

The foregoing appropriation item 440459, Help Me Grow, shall	120208
be used by the Department of Health to implement the Help Me Grow	120209
Program. Funds shall be distributed to counties through	120210
agreements, contracts, grants, or subsidies in accordance with	120211
section 3701.61 of the Revised Code. Appropriation item 440459,	120212
Help Me Grow, may be used in conjunction with other early	120213
childhood funds and services to promote the optimal development of	120214
young children and family-centered programs and services that	120215
acknowledge and support the social, emotional, cognitive,	120216
intellectual, and physical development of children and the vital	120217
role of families in ensuring the well-being and success of	120218
children. The Department of Health shall enter into interagency	120219
agreements with the Department of Education, Department of	120220
Developmental Disabilities, Department of Job and Family Services,	120221
and Department of Mental Health and Addiction Services to ensure	120222
that all early childhood programs and initiatives are coordinated	120223
and school linked.	120224

The foregoing appropriation item 440459, Help Me Grow, may	120225
also be used for the Developmental Autism and Screening Program.	120226

INFANT VITALITY

120227

The foregoing appropriation item 440474, Infant Vitality,	120228
shall be used to fund the following projects, which are hereby	120229
created:	120230

(A) The Infant Safe Sleep Campaign to educate parents and	120231
caregivers with a uniform message regarding safe sleep	120232
environments;	120233

(B) The Progesterone Prematurity Prevention Project to enable	120234
prenatal care providers to identify, screen, treat, and track	120235
outcomes for women eligible for progesterone supplementation; and	120236

(C) The Prenatal Smoking Cessation Project to enable prenatal	120237
care providers who work with women of reproductive age, including	120238
pregnant women, to have the tools, training, and technical	120239
assistance needed to treat smokers effectively.	120240

TARGETED HEALTH CARE SERVICES OVER 21

120241

The foregoing appropriation item 440507, Targeted Health Care	120242
Services Over 21, shall be used to administer the Cystic Fibrosis	120243
Program and to implement the Hemophilia Insurance Premium Payment	120244
Program.	120245

The foregoing appropriation item 440507, Targeted Health Care	120246
Services Over 21, shall also be used to provide essential	120247
medications and to pay the copayments for drugs approved by the	120248
Department of Health and covered by Medicare Part D that are	120249
dispensed to Bureau for Children with Medical Handicaps (BCMH)	120250
participants for the Cystic Fibrosis Program.	120251

The Department shall expend all of these funds.

120252

GENETICS SERVICES

120253

The foregoing appropriation item 440608, Genetics Services	120254
(Fund 4D60), shall be used by the Department of Health to	120255
administer programs authorized by sections 3701.501 and 3701.502	120256
of the Revised Code. None of these funds shall be used to counsel	120257
or refer for abortion, except in the case of a medical emergency.	120258

MEDICALLY HANDICAPPED CHILDREN AUDIT

120259

The Medically Handicapped Children Audit Fund (Fund 4770)	120260
shall receive revenue from audits of hospitals and recoveries from	120261
third-party payers. Moneys may be expended for payment of audit	120262
settlements and for costs directly related to obtaining recoveries	120263
from third-party payers and for encouraging Medically Handicapped	120264
Children's Program recipients to apply for third-party benefits.	120265
Moneys also may be expended for payments for diagnostic and	120266
treatment services on behalf of medically handicapped children, as	120267
defined in division (A) of section 3701.022 of the Revised Code,	120268
and Ohio residents who are twenty-one or more years of age and who	120269
are suffering from cystic fibrosis or hemophilia. Moneys may also	120270
be expended for administrative expenses incurred in operating the	120271
Medically Handicapped Children's Program.	120272

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

120273

The foregoing appropriation item 440607, Medically	120274
Handicapped Children - County Assessments (Fund 6660), shall be	120275
used to make payments under division (E) of section 3701.023 of	120276
the Revised Code.	120277

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	120278
THE TOBACCO USE PREVENTION FUND	120279

On July 1, 2013, or as soon as possible thereafter, the	120280
Director of Budget and Management shall transfer $2,439,230 cash	120281
from the Public Health Priorities Trust Fund (Fund L087) to the	120282
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	120283
needs of the Department of Health's tobacco enforcement and	120284
cessation efforts.	120285

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	120286
STRUCTURE	120287

Upon request from the Director of Health, the Director of	120288
Budget and Management may establish new funds, new appropriation	120289
items, and appropriations in order to support the transition to a	120290
new appropriation item structure in the Department of Health's	120291
budget. Also, upon request of the Director of Health, the Director	120292
of Budget and Management may transfer appropriations between GRF	120293
appropriation items, transfer cash between any funds used by the	120294
Department of Health, abolish existing funds used by the	120295
Department of Health, and cancel and reestablish encumbrances. Any	120296
establishment of new funds or appropriation items, any transfers	120297
of appropriations or cash, and any increases in appropriation	120298
under this section are subject to Controlling Board approval.	120299

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

120300

Agency Fund Group	120301

4610	372601	Operating Expenses	$	12,500	$	12,500	120302
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	120303
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	120304

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

120306

General Revenue Fund	120307

GRF	148100	Personal Services	$	279,998	$	279,998	120308
GRF	148402	Community Programs	$	44,924	$	44,924	120309
TOTAL GRF General Revenue Fund			$	324,922	$	324,922	120310

General Services Fund Group	120311

6010	148602	Special Initiatives	$	24,558	$	24,558	120312
TOTAL GSF General Services							120313
Fund Group			$	24,558	$	24,558	120314
TOTAL ALL BUDGET FUND GROUPS			$	349,480	$	349,480	120315

Section 291.10. OHS OHIO HISTORICAL SOCIETY

120317

General Revenue Fund	120318

GRF	360501	Education and Collections	$	3,618,997	$	3,618,997	120319
GRF	360502	Site and Museum Operations	$	4,426,288	$	4,926,288	120320
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	120321
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	120322
GRF	360506	Hayes Presidential Center	$	309,147	$	309,147	120323
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	120324
TOTAL GRF General Revenue Fund			$	9,149,625	$	9,649,625	120325

Agency Fund Group	120326

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	120327
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	120328
TOTAL ALL BUDGET FUND GROUPS			$	9,399,625	$	9,899,625	120329

SUBSIDY APPROPRIATION

120330

Upon approval by the Director of Budget and Management, the	120331
foregoing appropriation items shall be released to the Ohio	120332
Historical Society in quarterly amounts that in total do not	120333
exceed the annual appropriations. The funds and fiscal records of	120334
the society for fiscal year 2014 and fiscal year 2015 shall be	120335
examined by independent certified public accountants approved by	120336
the Auditor of State, and a copy of the audited financial	120337
statements shall be filed with the Office of Budget and	120338
Management. The society shall prepare and submit to the Office of	120339
Budget and Management the following:	120340

(A) An estimated operating budget for each fiscal year of the	120341
biennium. The operating budget shall be submitted at or near the	120342
beginning of each calendar year.	120343

(B) Financial reports, indicating actual receipts and	120344
expenditures for the fiscal year to date. These reports shall be	120345
filed at least semiannually during the fiscal biennium.	120346

The foregoing appropriations shall be considered to be the	120347
contractual consideration provided by the state to support the	120348
state's offer to contract with the Ohio Historical Society under	120349
section 149.30 of the Revised Code.	120350

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

120351

General Revenue Fund	120352

GRF	025321		Operating Expenses		$	21,031,091		$	21,031,091		120353
TOTAL GRF General Revenue Fund					$	21,031,091		$	21,031,091		120354

General Services Fund Group	120355

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	120356
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	120357
TOTAL GSF General Services							120358
Fund Group			$	1,471,513	$	1,471,513	120359
TOTAL ALL BUDGET FUND GROUPS			$	22,502,604	$	22,502,604	120360

OPERATING EXPENSES

120361

On July 1, 2013, or as soon as possible thereafter, the Chief	120362
Administrative Officer of the House of Representatives may certify	120363
to the Director of Budget and Management the amount of the	120364
unexpended, unencumbered balance of the foregoing appropriation	120365
item 025321, Operating Expenses, at the end of fiscal year 2013 to	120366
be reappropriated to fiscal year 2014. The amount certified is	120367
hereby reappropriated to the same appropriation item for fiscal	120368
year 2014.	120369

On July 1, 2014, or as soon as possible thereafter, the Chief	120370
Administrative Officer of the House of Representatives may certify	120371
to the Director of Budget and Management the amount of the	120372
unexpended, unencumbered balance of the foregoing appropriation	120373
item 025321, Operating Expenses, at the end of fiscal year 2014 to	120374
be reappropriated to fiscal year 2015. The amount certified is	120375
hereby reappropriated to the same appropriation item for fiscal	120376
year 2015.	120377

HOUSE REIMBURSEMENT

120378

If it is determined by the Chief Administrative Officer of	120379
the House of Representatives that additional appropriations are	120380
necessary for the foregoing appropriation item 025601, House	120381
Reimbursement, the amounts are hereby appropriated.	120382

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

120383

State Special Revenue Fund Group	120384

5AZ0	997601	Housing Finance Agency Personal Services	$	12,156,982	$	12,156,982	120385
TOTAL SSR State Special Revenue Fund Group			$	12,156,982	$	12,156,982	120386
TOTAL ALL BUDGET FUND GROUPS			$	12,156,982	$	12,156,982	120387

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

120389

General Revenue Fund	120390

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	120391
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	120392
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	120393

General Services Fund Group	120394

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	120395
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	120396
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	120397
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	120398
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	120399

Section 299.10. INS DEPARTMENT OF INSURANCE

120401

Federal Special Revenue Fund Group	120402

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	120403
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	120404
TOTAL FED Federal Special							120405
Revenue Fund Group			$	3,270,725	$	3,270,725	120406

State Special Revenue Fund Group	120407

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	120408
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	120409
5550	820605	Examination	$	8,184,065	$	8,184,065	120410
TOTAL SSR State Special Revenue							120411
Fund Group			$	35,934,498	$	33,274,432	120412
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	120413

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

120414

The Director of Budget and Management, at the request of the	120415
Superintendent of Insurance, may transfer funds from the	120416
Department of Insurance Operating Fund (Fund 5540), established by	120417
section 3901.021 of the Revised Code, to the Superintendent's	120418
Examination Fund (Fund 5550), established by section 3901.071 of	120419
the Revised Code, only for expenses incurred in examining domestic	120420
fraternal benefit societies as required by section 3921.28 of the	120421
Revised Code.	120422

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

120423

Not later than the thirty-first day of July each fiscal year,	120424
the Director of Budget and Management shall transfer $5,000,000	120425
from the Department of Insurance Operating Fund (Fund 5540) to the	120426
General Revenue Fund.	120427

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

120428

General Revenue Fund	120429

GRF	600321	Program Support	$	31,320,964	$	31,109,751	120430
GRF	600410	TANF State/Maintenance of Effort	$	151,386,934	$	151,386,934	120431
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	120432
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	120433
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	120434
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	120435
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	120436
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	120437
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	120438
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	120439
GRF	600523	Family and Children Services	$	54,105,323	$	54,105,323	120440
GRF	600528	Adoption Services					120441
		State	$	28,623,389	$	28,623,389	120442
		Federal	$	38,202,557	$	38,202,557	120443
		Adoption Services Total	$	66,825,946	$	66,825,946	120444
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	120445
GRF	600534	Adult Protective Services	$	366,003	$	366,003	120446
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	120447
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	120448
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	120449
GRF	655522	Medicaid Program Support - Local	$	31,067,970	$	31,067,970	120450
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	120451
TOTAL GRF General Revenue Fund							120452
		State	$	716,096,118	$	716,096,118	120453
		Federal	$	38,202,557	$	38,202,557	120454
		GRF Total	$	754,298,675	$	754,298,675	120455

General Services Fund Group	120456

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	120457
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	120458
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	120459
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	120460
6130	600645	Training Activities	$	100,000	$	92,989	120461
TOTAL GSF General Services							120462
Fund Group			$	116,780,339	$	116,773,328	120463

Federal Special Revenue Fund Group	120464

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	120465
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	120466
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	120467
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	120468
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	120469
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	120470
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	120471
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	120472
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	120473
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	120474
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	120475
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	120476
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	120477
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	120478
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	120479
3S50	600622	Child Support Projects	$	534,050	$	534,050	120480
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	120481
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	120482
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	120483
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	120484
TOTAL FED Federal Special Revenue							120485
Fund Group			$	2,526,972,581	$	2,490,592,049	120486

State Special Revenue Fund Group	120487

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	120488
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	120489
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	120490
4F10	600609	Family and Children Activities	$	683,549	$	683,549	120491
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	120492
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	120493
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	120494
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	120495
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	120496
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	120497
TOTAL SSR State Special Revenue							120498
Fund Group			$	25,063,397	$	25,063,397	120499

Agency Fund Group	120500

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	120501
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	120502
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	120503
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	120504

Holding Account Redistribution Fund Group	120505

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	120506
R013	600644	Forgery Collections	$	10,000	$	10,000	120507
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	120508
TOTAL ALL BUDGET FUND GROUPS			$	3,569,574,992	$	3,533,187,449	120509

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	120511
FUND	120512

Within thirty days of the effective date of this act, or as	120513
soon as possible thereafter, the Director of Budget and Management	120514
shall transfer the cash balance in the County Technologies Fund	120515
(Fund 5N10) to the State and County Shared Services Fund (Fund	120516
5HL0).	120517

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	120518
FUND GROUPS	120519

The Agency Fund Group and Holding Account Redistribution Fund	120520
Group shall be used to hold revenues until the appropriate fund is	120521
determined or until the revenues are directed to the appropriate	120522
governmental agency other than the Department of Job and Family	120523
Services. If receipts credited to the Support Intercept – Federal	120524
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	120525
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	120526
Settlements Fund (Fund R012), or the Forgery Collections Fund	120527
(Fund R013) exceed the amounts appropriated from the fund, the	120528
Director of Job and Family Services may request the Director of	120529
Budget and Management to authorize expenditures from the fund in	120530
excess of the amounts appropriated. Upon the approval of the	120531
Director of Budget and Management, the additional amounts are	120532
hereby appropriated.	120533

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

120534

The foregoing appropriation item 600521, Family Assistance -	120535
Local, may be provided to county departments of job and family	120536
services to administer food assistance and disability assistance	120537
programs.	120538

The foregoing appropriation item 655522, Medicaid Program	120539
Support - Local, may be provided to county departments of job and	120540
family services to administer the Medicaid program and the State	120541
Children's Health Insurance program.	120542

At the request of the Director of Job and Family Services,	120543
the Director of Budget and Management may transfer appropriations	120544
between appropriation item 600521, Family Assistance - Local, and	120545
appropriation item 655522, Medicaid Program Support - Local, in	120546
order to ensure county administrative funds are expended from the	120547
proper appropriation item.	120548

Section 301.50. FOOD STAMPS TRANSFER

120549

On July 1, 2013, or as soon as possible thereafter, the	120550
Director of Budget and Management may transfer up to $1,000,000	120551
cash from the Supplemental Nutrition Assistance Program Fund (Fund	120552
3840), to the Food Assistance Fund (Fund 5ES0).	120553

Section 301.60. NAME OF FOOD STAMP PROGRAM

120554

The Director of Job and Family Services is not required to	120555
amend rules regarding the Food Stamp Program to change the name of	120556
the program to the Supplemental Nutrition Assistance Program. The	120557
Director may refer to the program as the Food Stamp Program or the	120558
Food Assistance Program in rules and documents of the Department	120559
of Job and Family Services.	120560

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

120561

The foregoing appropriation item 600540, Food Banks, shall be	120562
used to provide funds to the Ohio Association of Food Banks to	120563
purchase and distribute food products.	120564

Notwithstanding section 5101.46 of the Revised Code and any	120565
other provision in this bill, in addition to funds designated for	120566
the Ohio Association of Food Banks in this section, in fiscal year	120567
2014 and fiscal year 2015, the Director of Job and Family Services	120568
shall provide assistance from eligible funds to the Ohio	120569
Association of Food Banks in an amount up to or equal to the	120570
assistance provided in state fiscal year 2013 from all funds used	120571
by the Department, except the General Revenue Fund.	120572

Eligible nonfederal expenditures made by member food banks of	120573
the Association shall be counted by the Department of Job and	120574
Family Services toward the TANF maintenance of effort requirements	120575
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	120576
shall enter into an agreement with the Ohio Association of Food	120577
Banks, in accordance with sections 5101.80 and 5101.801 of the	120578
Revised Code, to carry out the requirements under this section.	120579

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

120580

The foregoing appropriation item 600658, Public Assistance	120581
Activities, shall be used by the Department of Job and Family	120582
Services to meet the TANF maintenance of effort requirements of 42	120583
U.S.C. 609(a)(7). When the state is assured that it will meet the	120584
maintenance of effort requirement, the Department of Job and	120585
Family Services may use funds from appropriation item 600658,	120586
Public Assistance Activities, to support public assistance	120587
activities.	120588

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	120589
COMMUNITY INITIATIVES	120590

Of the foregoing appropriation item 600689, TANF Block Grant,	120591
up to $6,540,000 in each fiscal year shall be used, in accordance	120592
with sections 5101.80 and 5101.801 of the Revised Code, to provide	120593
support to programs or organizations that provide services that	120594
align with the mission and goals of the Governor's Office of	120595
Faith-Based and Community Initiatives, as outlined in section	120596
107.12 of the Revised Code, and that further at least one of the	120597
four purposes of the TANF program, as specified in 42 U.S.C. 601.	120598

Section 301.100. INDEPENDENT LIVING INITIATIVE

120599

Of the foregoing appropriation item 600689, TANF Block Grant,	120600
up to $2,000,000 in each fiscal year shall be used, in accordance	120601
with sections 5101.80 and 5101.801 of the Revised Code, to support	120602
the Independent Living Initiative, including life skills training	120603
and work supports for older children in foster care and those who	120604
have recently aged out of foster care.	120605

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

120606

Of the foregoing appropriation item 600689, TANF Block Grant,	120607
$1,750,000 in each fiscal year shall be used to support the	120608
activities of the Kinship Permanency Incentive Program established	120609
in section 5101.802 of the Revised Code.	120610

Section 301.120. OHIO COMMISSION ON FATHERHOOD

120611

Of the foregoing appropriation item 600689, TANF Block Grant,	120612
$1,000,000 in each fiscal year shall be provided to the Ohio	120613
Commission on Fatherhood.	120614

Section 301.130. DIFFERENTIAL RESPONSE

120615

In accordance with an independent evaluation of the Ohio	120616
Alternative Response Pilot Program that recommended statewide	120617
implementation, the Department of Job and Family Services shall	120618
plan the statewide expansion of the Ohio Alternative Response	120619
Pilot Program on a county by county basis, through a schedule	120620
determined by the Department. The program shall be known as the	120621
"differential response" approach as defined in section 2151.011 of	120622
the Revised Code. Notwithstanding provisions of Chapter 2151. of	120623
the Revised Code that refer to "differential response,"	120624
"traditional response," and "alternative response," those	120625
provisions shall become effective on the scheduled date of	120626
expansion of the differential response approach to that county.	120627
Prior to statewide implementation, the Department may adopt rules	120628
in accordance with Chapter 119. of the Revised Code as necessary	120629
to carry out the purposes of this section.	120630

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

120631

In collaboration with the county family and children first	120632
council, a county department of job and family services or public	120633
children services agency that receives an allocation from the	120634
Department of Job and Family Services from the foregoing	120635
appropriation item 600523, Children and Families Services, or	120636
600533, Child, Family, and Adult Community & Protective Services,	120637
may transfer a portion of either or both allocations to a flexible	120638
funding pool as authorized by the section of this act titled	120639
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	120640

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	120641
PROTECTIVE SERVICES	120642

(A) The foregoing appropriation item 600533, Child, Family,	120643
and Adult Community & Protective Services, shall be distributed to	120644
each county department of job and family services using the	120645
formula the Department of Job and Family Services uses when	120646
distributing Title XX funds to county departments of job and	120647
family services under section 5101.46 of the Revised Code. County	120648
departments shall use the funds distributed to them under this	120649
section as follows, in accordance with the written plan of	120650
cooperation entered into under section 307.983 of the Revised	120651
Code:	120652

(1) To assist individuals achieve or maintain	120653
self-sufficiency, including by reducing or preventing dependency	120654
among individuals with family income not exceeding two hundred per	120655
cent of the federal poverty guidelines;	120656

(2) Subject to division (B) of this section, to respond to	120657
reports of abuse, neglect, or exploitation of children and adults,	120658
including through the differential response approach program	120659
developed under Section 309.50.10 of this act;	120660

(3) To provide outreach and referral services regarding home	120661
and community-based services to individuals at risk of placement	120662
in a group home or institution, regardless of the individuals'	120663
family income and without need for a written application;	120664

(4) To provide outreach, referral, application assistance,	120665
and other services to assist individuals receive assistance,	120666
benefits, or services under Medicaid; Title IV-A programs, as	120667
defined in section 5101.80 of the Revised Code; the Supplemental	120668
Nutrition Assistance Program; and other public assistance	120669
programs.	120670

(B) Protective services may be provided to a child or adult	120671
as part of a response, under division (A)(2) of this section, to a	120672
report of abuse, neglect, or exploitation without regard to a	120673
child or adult's family income and without need for a written	120674
application. The protective services may be provided if the case	120675
record documents circumstances of actual or potential abuse,	120676
neglect, or exploitation.	120677

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

120678

The foregoing appropriation item 600609, Children and Family	120679
Services Activities, shall be used to expend miscellaneous	120680
foundation funds and grants to support children and family	120681
services activities.	120682

Section 301.170. ADOPTION ASSISTANCE LOAN

120683

Of the foregoing appropriation item 600634, Adoption	120684
Assistance Loan, the Department of Job and Family Services may use	120685
up to ten per cent for administration of adoption assistance loans	120686
pursuant to section 3107.018 of the Revised Code.	120687

Section 301.173. VICTIMS OF HUMAN TRAFFICKING

120688

The foregoing appropriation item 600660, Victims of Human	120689
Trafficking, shall be used to provide treatment, care,	120690
rehabilitation, education, housing, and assistance for victims of	120691
trafficking in persons as specified in section 5101.87 of the	120692
Revised Code. If receipts credited to the Victims of Human	120693
Trafficking Fund (Fund 5NG0) exceed the amounts appropriated to	120694
the fund, the Director of Job and Family Services may request the	120695
Director of Budget and Management to authorize expenditures from	120696
the fund in excess of the amounts appropriated. Upon the approval	120697
of the Director of Budget and Management, the additional amounts	120698
are hereby appropriated.	120699

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

120700

All unexpended funds remaining at the end of fiscal year 2013	120701
that were appropriated and made available to the state under	120702
section 903(d) of the Social Security Act, as amended, in the	120703
foregoing appropriation item 600678, Federal Unemployment Programs	120704
(Fund 3V40), are hereby appropriated to the Department of Job and	120705
Family Services. Upon the request of the Director of Job and	120706
Family Services, the Director of Budget and Management may	120707
increase the appropriation for fiscal year 2014 by the amount	120708
remaining unspent from the fiscal year 2013 appropriation and may	120709
increase the appropriation for fiscal year 2015 by the amount	120710
remaining unspent from the fiscal year 2014 appropriation. The	120711
appropriation shall be used under the direction of the Department	120712
of Job and Family Services to pay for administrative activities	120713
for the Unemployment Insurance Program, employment services, and	120714
other allowable expenditures under section 903(d) of the Social	120715
Security Act, as amended.	120716

The amounts obligated pursuant to this section shall not	120717
exceed at any time the amount by which the aggregate of the	120718
amounts transferred to the account of the state under section	120719
903(d) of the Social Security Act, as amended, exceeds the	120720
aggregate of the amounts obligated for administration and paid out	120721
for benefits and required by law to be charged against the amounts	120722
transferred to the account of the state.	120723

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

120724

The foregoing appropriation item 600695, Unemployment	120725
Compensation Interest, shall be used for payment of interest costs	120726
paid to the United States Secretary of the Treasury for the	120727
repayment of accrued interest related to federal unemployment	120728
account borrowing.	120729

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

120730

General Revenue Fund	120731

GRF	029321	Operating Expenses	$	455,858	$	456,376	120732
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	120733
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	120734

OPERATING GUIDANCE

120735

The Chief Administrative Officer of the House of	120736
Representatives and the Clerk of the Senate shall determine, by	120737
mutual agreement, which of them shall act as fiscal agent for the	120738
Joint Committee on Agency Rule Review. Members of the Committee	120739
shall be paid in accordance with section 101.35 of the Revised	120740
Code.	120741

OPERATING EXPENSES

120742

On July 1, 2013, or as soon as possible thereafter, the	120743
Executive Director of the Joint Committee on Agency Rule Review	120744
may certify to the Director of Budget and Management the amount of	120745
the unexpended, unencumbered balance of the foregoing	120746
appropriation item 029321, Operating Expenses, at the end of	120747
fiscal year 2013 to be reappropriated to fiscal year 2014. The	120748
amount certified is hereby reappropriated to the same	120749
appropriation item for fiscal year 2014.	120750

On July 1, 2014, or as soon as possible thereafter, the	120751
Executive Director of the Joint Committee on Agency Rule Review	120752
may certify to the Director of Budget and Management the amount of	120753
the unexpended, unencumbered balance of the foregoing	120754
appropriation item 029321, Operating Expenses, at the end of	120755
fiscal year 2014 to be reappropriated to fiscal year 2015. The	120756
amount certified is hereby reappropriated to the same	120757
appropriation item for fiscal year 2015.	120758

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

120759

General Revenue Fund	120760

GRF	018321		Operating Expenses		$	824,900		$	847,200		120761
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		120762

General Services Fund Group	120763

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	120764
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	120765
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	120766

STATE COUNCIL OF UNIFORM STATE LAWS

120767

Notwithstanding section 105.26 of the Revised Code, of the	120768
foregoing appropriation item 018321, Operating Expenses, up to	120769
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	120770
shall be used to pay the expenses of the State Council of Uniform	120771
State Laws, including membership dues to the National Conference	120772
of Commissioners on Uniform State Laws.	120773

OHIO JURY INSTRUCTIONS FUND

120774

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	120775
grants, royalties, dues, conference fees, bequests, devises, and	120776
other gifts received for the purpose of supporting costs incurred	120777
by the Judicial Conference of Ohio in its activities as a part of	120778
the judicial system of the state as determined by the Judicial	120779
Conference Executive Committee. Fund 4030 shall be used by the	120780
Judicial Conference of Ohio to pay expenses incurred in its	120781
activities as a part of the judicial system of the state as	120782
determined by the Judicial Conference Executive Committee. All	120783
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	120784
2014 and in excess of $385,000 in fiscal year 2015 are hereby	120785
appropriated for the purposes authorized.	120786

No money in Fund 4030 shall be transferred to any other fund	120787
by the Director of Budget and Management or the Controlling Board.	120788

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

120789

General Revenue Fund	120790

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	138,016,534	$	140,232,737	120791
GRF	005406	Law-Related Education	$	236,172	$	236,172	120792
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	120793
TOTAL GRF General Revenue Fund			$	141,602,706	$	143,818,909	120794

General Services Fund Group	120795

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		120796
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		120797

Federal Special Revenue Fund Group	120798

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		120799
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		120800

State Special Revenue Fund Group	120801

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	120802
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	120803
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	120804
5T80	005609	Grants and Awards	$	25,000	$	25,000	120805
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	120806
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	120807
TOTAL ALL BUDGET FUND GROUPS			$	148,452,850	$	150,694,818	120808

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

120809

Of the foregoing appropriation item 005321, Operating	120810
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	120811
year may be used to support the functions of the State Criminal	120812
Sentencing Council.	120813

LAW-RELATED EDUCATION

120814

The foregoing appropriation item 005406, Law-Related	120815
Education, shall be distributed directly to the Ohio Center for	120816
Law-Related Education for the purposes of providing continuing	120817
citizenship education activities to primary and secondary	120818
students, expanding delinquency prevention programs, increasing	120819
activities for at-risk youth, and accessing additional public and	120820
private money for new programs.	120821

OHIO COURTS TECHNOLOGY INITIATIVE

120822

The foregoing appropriation item 005409, Ohio Courts	120823
Technology Initiative, shall be used to fund an initiative by the	120824
Supreme Court to facilitate the exchange of information and	120825
warehousing of data by and between Ohio courts and other justice	120826
system partners through the creation of an Ohio Courts Network,	120827
the delivery of technology services to courts throughout the	120828
state, including the provision of hardware, software, and the	120829
development and implementation of educational and training	120830
programs for judges and court personnel, and operation of the	120831
Commission on Technology and the Courts by the Supreme Court for	120832
the promulgation of statewide rules, policies, and uniform	120833
standards, and to aid in the orderly adoption and comprehensive	120834
use of technology in Ohio courts.	120835

CONTINUING JUDICIAL EDUCATION

120836

The Continuing Judicial Education Fund (Fund 6720) shall	120837
consist of fees paid by judges and court personnel for attending	120838
continuing education courses and other gifts and grants received	120839
for the purpose of continuing judicial education. The foregoing	120840
appropriation item 005601, Continuing Judicial Education, shall be	120841
used to pay expenses for continuing education courses for judges	120842
and court personnel. If it is determined by the Administrative	120843
Director of the Supreme Court that additional appropriations are	120844
necessary, the amounts are hereby appropriated.	120845

No money in Fund 6720 shall be transferred to any other fund	120846
by the Director of Budget and Management or the Controlling Board.	120847
Interest earned on money in Fund 6720 shall be credited to the	120848
fund.	120849

FEDERAL GRANTS

120850

The Federal Grants Fund (Fund 3J00) shall consist of grants	120851
and other moneys awarded to the Supreme Court (The Judiciary) by	120852
the United States Government or other entities that receive the	120853
moneys directly from the United States Government and distribute	120854
those moneys to the Supreme Court (The Judiciary). The foregoing	120855
appropriation item 005603, Federal Grants, shall be used in a	120856
manner consistent with the purpose of the grant or award. If it is	120857
determined by the Administrative Director of the Supreme Court	120858
that additional appropriations are necessary, the amounts are	120859
hereby appropriated.	120860

No money in Fund 3J00 shall be transferred to any other fund	120861
by the Director of Budget and Management or the Controlling Board.	120862
However, interest earned on money in Fund 3J00 shall be credited	120863
or transferred to the General Revenue Fund.	120864

ATTORNEY SERVICES

120865

The Attorney Services Fund (Fund 4C80), formerly known as the	120866
Attorney Registration Fund, shall consist of money received by the	120867
Supreme Court (The Judiciary) pursuant to the Rules for the	120868
Government of the Bar of Ohio. In addition to funding other	120869
activities considered appropriate by the Supreme Court, the	120870
foregoing appropriation item 005605, Attorney Services, may be	120871
used to compensate employees and to fund appropriate activities of	120872
the following offices established by the Supreme Court: the Office	120873
of Disciplinary Counsel, the Board of Commissioners on Grievances	120874
and Discipline, the Clients' Security Fund, and the Attorney	120875
Services Division. If it is determined by the Administrative	120876
Director of the Supreme Court that additional appropriations are	120877
necessary, the amounts are hereby appropriated.	120878

No money in Fund 4C80 shall be transferred to any other fund	120879
by the Director of Budget and Management or the Controlling Board.	120880
Interest earned on money in Fund 4C80 shall be credited to the	120881
fund.	120882

COURT INTERPRETER CERTIFICATION

120883

The Court Interpreter Certification Fund (Fund 5HT0) shall	120884
consist of money received by the Supreme Court (The Judiciary)	120885
pursuant to Rules 80 through 87 of the Rules of Superintendence	120886
for the Courts of Ohio. The foregoing appropriation item 005617,	120887
Court Interpreter Certification, shall be used to provide	120888
training, to provide the written examination, and to pay language	120889
experts to rate, or grade, the oral examinations of those applying	120890
to become certified court interpreters. If it is determined by the	120891
Administrative Director that additional appropriations are	120892
necessary, the amounts are hereby appropriated.	120893

No money in Fund 5HT0 shall be transferred to any other fund	120894
by the Director of Budget and Management or the Controlling Board.	120895
Interest earned on money in Fund 5HT0 shall be credited to the	120896
fund.	120897

COUNTY LAW LIBRARY RESOURCES BOARD

120898

The Statewide Consortium of County Law Library Resources	120899
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	120900
to section 307.515 of the Revised Code into a county's law library	120901
resources fund and forwarded by that county's treasurer for	120902
deposit in the state treasury pursuant to division (E)(1) of	120903
section 3375.481 of the Revised Code. The foregoing appropriation	120904
item 005620, County Law Library Resources Board, shall be used for	120905
the operation of the Statewide Consortium of County Law Library	120906
Resources Boards. If it is determined by the Administrative	120907
Director of the Supreme Court that additional appropriations are	120908
necessary, the amounts are hereby appropriated.	120909

No money in Fund 5JY0 shall be transferred to any other fund	120910
by the Director of Budget and Management or the Controlling Board.	120911
Interest earned on money in Fund 5JY0 shall be credited to the	120912
fund.	120913

GRANTS AND AWARDS

120914

The Grants and Awards Fund (Fund 5T80) shall consist of	120915
grants and other money awarded to the Supreme Court (The	120916
Judiciary) by the State Justice Institute, the Division of	120917
Criminal Justice Services, or other entities. The foregoing	120918
appropriation item 005609, Grants and Awards, shall be used in a	120919
manner consistent with the purpose of the grant or award. If it is	120920
determined by the Administrative Director of the Supreme Court	120921
that additional appropriations are necessary, the amounts are	120922
hereby appropriated.	120923

No money in Fund 5T80 shall be transferred to any other fund	120924
by the Director of Budget and Management or the Controlling Board.	120925
However, interest earned on money in Fund 5T80 shall be credited	120926
or transferred to the General Revenue Fund.	120927

SUPREME COURT ADMISSIONS

120928

The foregoing appropriation item 005606, Supreme Court	120929
Admissions, shall be used to compensate Supreme Court employees	120930
who are primarily responsible for administering the attorney	120931
admissions program under the Rules for the Government of the Bar	120932
of Ohio, and to fund any other activities considered appropriate	120933
by the court. Moneys shall be deposited into the Supreme Court	120934
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	120935
Government of the Bar of Ohio. If it is determined by the	120936
Administrative Director of the Supreme Court that additional	120937
appropriations are necessary, the amounts are hereby appropriated.	120938

No money in Fund 6A80 shall be transferred to any other fund	120939
by the Director of Budget and Management or the Controlling Board.	120940
Interest earned on money in Fund 6A80 shall be credited to the	120941
fund.	120942

Section 309.10. LEC LAKE ERIE COMMISSION

120943

Federal Special Revenue Fund Group	120944

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		120945
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		120946

State Special Revenue Fund Group	120947

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	120948
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	120949
TOTAL SSR State Special Revenue							120950
Fund Group			$	498,942	$	539,637	120951
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	120952

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

120953

On July 1 of each fiscal year, or as soon as possible	120954
thereafter, the Director of Budget and Management may transfer	120955
cash from the funds specified below, up to the amounts specified	120956
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	120957
accept contributions and transfers made to the fund.	120958

Fund	Fund Name	User	FY 2014	FY 2015	120959
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	120960
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	120961
4700	General Operations	Department of Health	$23,500	$53,500	120962
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	120963

On July 1, 2013, or as soon as possible thereafter, the	120964
Director of Budget and Management may transfer $23,500 cash from a	120965
fund used by the Development Services Agency, as specified by the	120966
Director of Development Services, to Fund 5D80.	120967

On July 1, 2014, or as soon as possible thereafter, the	120968
Director of Budget and Management may transfer $53,500 cash from a	120969
fund used by the Development Services Agency, as specified by the	120970
Director of Development Services, to Fund 5D80.	120971

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

120972

General Revenue Fund	120973

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		120974
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		120975

General Services Fund Group	120976

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	120977
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	120978
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	120979

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

120980

General Revenue Fund	120981

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	120982
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	120983
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	120984
GRF	035407	Legislative Task Force on Redistricting	$	320,000	$	400,000	120985
GRF	035409	National Associations	$	460,560	$	460,560	120986
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	120987
GRF	035411	Ohio Constitutional Modernization Commission	$	750,000	$	750,000	120988
TOTAL GRF General Revenue Fund			$	21,970,530	$	22,050,530	120989

General Services Fund Group	120990

4100	035601	Sale of Publications	$	10,000	$	10,000	120991
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	120992
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	120993
TOTAL GSF General Services							120994
Fund Group			$	240,000	$	240,000	120995
TOTAL ALL BUDGET FUND GROUPS			$	22,210,530	$	22,290,530	120996

OPERATING EXPENSES

120997

On July 1, 2013, or as soon as possible thereafter, the	120998
Director of the Legislative Service Commission may certify to the	120999
Director of Budget and Management the amount of the unexpended,	121000
unencumbered balance of the foregoing appropriation item 035321,	121001
Operating Expenses, at the end of fiscal year 2013 to be	121002
reappropriated to fiscal year 2014. The amount certified is hereby	121003
reappropriated to the same appropriation item for fiscal year	121004
2014.	121005

On July 1, 2014, or as soon as possible thereafter, the	121006
Director of the Legislative Service Commission may certify to the	121007
Director of Budget and Management the amount of the unexpended,	121008
unencumbered balance of the foregoing appropriation item 035321,	121009
Operating Expenses, at the end of fiscal year 2014 to be	121010
reappropriated to fiscal year 2015. The amount certified is hereby	121011
reappropriated to the same appropriation item for fiscal year	121012
2015.	121013

LEGISLATIVE TASK FORCE ON REDISTRICTING

121014

An amount equal to the unexpended, unencumbered portion of	121015
the foregoing appropriation item 035407, Legislative Task Force on	121016
Redistricting, at the end of fiscal year 2013 is hereby	121017
reappropriated to the Legislative Service Commission for the same	121018
purpose for fiscal year 2014.	121019

An amount equal to the unexpended, unencumbered portion of	121020
the foregoing appropriation item 035407, Legislative Task Force on	121021
Redistricting, at the end of fiscal year 2014 is hereby	121022
reappropriated to the Legislative Service Commission for the same	121023
purpose for fiscal year 2015.	121024

LEGISLATIVE INFORMATION SYSTEMS

121025

On July 1, 2013, or as soon as possible thereafter, the	121026
Director of the Legislative Service Commission may certify to the	121027
Director of Budget and Management the amount of the unexpended,	121028
unencumbered balance of the foregoing appropriation item 035410,	121029
Legislative Information Systems, at the end of fiscal year 2013 to	121030
be reappropriated to fiscal year 2014. The amount certified is	121031
hereby reappropriated to the same appropriation item for fiscal	121032
year 2014.	121033

On July 1, 2014, or as soon as possible thereafter, the	121034
Director of the Legislative Service Commission may certify to the	121035
Director of Budget and Management the amount of the unexpended,	121036
unencumbered balance of the foregoing appropriation item 035410,	121037
Legislative Information Systems, at the end of fiscal year 2014 to	121038
be reappropriated to fiscal year 2015. The amount certified is	121039
hereby reappropriated to the same appropriation item for fiscal	121040
year 2015.	121041

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

121042

The foregoing appropriation item 035411, Ohio Constitutional	121043
Modernization Commission, shall be used to support the operation	121044
and expenses of the Ohio Constitutional Modernization Commission	121045
under sections 103.61 to 103.67 of the Revised Code.	121046

An amount equal to the unexpended, unencumbered portion of	121047
the foregoing appropriation item 035411, Ohio Constitutional	121048
Modernization Commission, at the end of fiscal year 2013 is hereby	121049
reappropriated to the Legislative Service Commission for the same	121050
purpose for fiscal year 2014.	121051

An amount equal to the unexpended, unencumbered portion of	121052
the foregoing appropriation item 035411, Ohio Constitutional	121053
Modernization Commission, at the end of fiscal year 2014 is hereby	121054
reappropriated to the Legislative Service Commission for the same	121055
purpose for fiscal year 2015.	121056

Section 315.10. LIB STATE LIBRARY BOARD

121057

General Revenue Fund	121058

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	121059
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	121060
GRF	350502	Regional Library Systems	$	582,469	$	582,469	121061
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	121062

General Services Fund Group	121063

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	121064
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	121065
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	121066
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	121067
TOTAL GSF General Services							121068
Fund Group			$	10,209,412	$	10,498,350	121069

Federal Special Revenue Fund Group	121070

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	121071
TOTAL FED Federal Special Revenue							121072
Fund Group			$	5,303,693	$	5,120,439	121073
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	121074

OHIOANA RENTAL PAYMENTS

121075

The foregoing appropriation item 350401, Ohioana Rental	121076
Payments, shall be used to pay the rental expenses of the Martha	121077
Kinney Cooper Ohioana Library Association under section 3375.61 of	121078
the Revised Code.	121079

REGIONAL LIBRARY SYSTEMS

121080

The foregoing appropriation item 350502, Regional Library	121081
Systems, shall be used to support regional library systems	121082
eligible for funding under sections 3375.83 and 3375.90 of the	121083
Revised Code.	121084

OHIO PUBLIC LIBRARY INFORMATION NETWORK

121085

(A) The foregoing appropriation item 350604, Ohio Public	121086
Library Information Network, shall be used for an information	121087
telecommunications network linking public libraries in the state	121088
and such others as may participate in the Ohio Public Library	121089
Information Network (OPLIN).	121090

The Ohio Public Library Information Network Board of Trustees	121091
created under section 3375.65 of the Revised Code may make	121092
decisions regarding use of the foregoing appropriation item	121093
350604, Ohio Public Library Information Network.	121094

(B) The OPLIN Board shall research and assist or advise local	121095
libraries with regard to emerging technologies and methods that	121096
may be effective means to control access to obscene and illegal	121097
materials. The OPLIN Director shall provide written reports upon	121098
request within ten days to the Governor, the Speaker and Minority	121099
Leader of the House of Representatives, and the President and	121100
Minority Leader of the Senate on any steps being taken by OPLIN	121101
and public libraries in the state to limit and control such	121102
improper usage as well as information on technological, legal, and	121103
law enforcement trends nationally and internationally affecting	121104
this area of public access and service.	121105

(C) The Ohio Public Library Information Network, INFOhio, and	121106
OhioLINK shall, to the extent feasible, coordinate and cooperate	121107
in their purchase or other acquisition of the use of electronic	121108
databases for their respective users and shall contribute funds in	121109
an equitable manner to such effort.	121110

LIBRARY FOR THE BLIND

121111

The foregoing appropriation item 350605, Library for the	121112
Blind, shall be used for the statewide Talking Book Program to	121113
assist the blind and disabled.	121114

TRANSFER TO OPLIN TECHNOLOGY FUND

121115

Notwithstanding sections 5747.03 and 5747.47 of the Revised	121116
Code and any other provision of law to the contrary, in accordance	121117
with a schedule established by the Director of Budget and	121118
Management, the Director of Budget and Management shall transfer	121119
$5,689,788 cash in each fiscal year from the Public Library Fund	121120
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	121121

TRANSFER TO LIBRARY FOR THE BLIND FUND

121122

Notwithstanding sections 5747.03 and 5747.47 of the Revised	121123
Code and any other provision of law to the contrary, in accordance	121124
with a schedule established by the Director of Budget and	121125
Management, the Director of Budget and Management shall transfer	121126
$1,274,194 cash in each fiscal year from the Public Library Fund	121127
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	121128

Section 317.10. LCO LIQUOR CONTROL COMMISSION

121129

State Special Revenue Fund Group	121130

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	121131
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	121132
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	121133

Section 319.10. LOT STATE LOTTERY COMMISSION

121135

State Lottery Fund Group	121136

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	121137
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	121138
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	121139
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	121140
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	121141
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	121142
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	121143
TOTAL SLF State Lottery Fund							121144
Group			$	335,475,593	$	333,578,528	121145
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	121146

OPERATING EXPENSES

121147

Notwithstanding sections 127.14 and 131.35 of the Revised	121148
Code, the Controlling Board may, at the request of the State	121149
Lottery Commission, authorize expenditures from the State Lottery	121150
Fund in excess of the amounts appropriated, up to a maximum of 10	121151
per cent of anticipated total revenue accruing from the sale of	121152
lottery products. Upon the approval of the Controlling Board, the	121153
additional amounts are hereby appropriated.	121154

DIRECT PRIZE PAYMENTS

121155

Any amounts, in addition to the amounts appropriated in	121156
appropriation item 950601, Direct Prize Payments, that the	121157
Director of the State Lottery Commission determines to be	121158
necessary to fund prizes are hereby appropriated.	121159

ANNUITY PRIZES

121160

Upon request of the State Lottery Commission, the Director of	121161
Budget and Management may transfer cash from the State Lottery	121162
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	121163
an amount sufficient to fund deferred prizes. The Treasurer of	121164
State, from time to time, shall credit the Deferred Prizes Trust	121165
Fund (Fund 8710) the pro rata share of interest earned by the	121166
Treasurer of State on invested balances.	121167

Any amounts, in addition to the amounts appropriated in	121168
appropriation item 950602, Annuity Prizes, that the Director of	121169
the State Lottery Commission determines to be necessary to fund	121170
deferred prizes and interest earnings are hereby appropriated.	121171

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

121172

Estimated transfers from the State Lottery Fund (Fund 7044)	121173
to the Lottery Profits Education Fund (Fund 7017) are to be	121174
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	121175
2015. The Director of Budget and Management shall transfer such	121176
amounts contingent upon the availability of resources. Transfers	121177
from the State Lottery Fund to the Lottery Profits Education Fund	121178
shall represent the estimated net income from operations for the	121179
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	121180
the Director of Budget and Management to the Lottery Profits	121181
Education Fund shall be administered as the statutes direct.	121182

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

121183

General Services Fund Group	121184

4K90	996609	Operating Expenses	$	459,134	$	459,134	121185
TOTAL GSF General Services							121186
Fund Group			$	459,134	$	459,134	121187

State Special Revenue Fund Group	121188

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	121189
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	121190
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	121191

Section 323.10. MCD DEPARTMENT OF MEDICAID

121193

General Revenue Fund	121194

GRF	651425	Medicaid Program Support - State	$	149,932,299	$	156,514,636	121195
GRF	651525	Medicaid/Health Care Services					121196
		State	$	4,735,471,377	$	4,979,088,535	121197
		Federal	$	8,979,532,639	$	9,293,422,318	121198
		Medicaid/Health Care Services Total	$	13,715,004,016	$	14,272,510,853	121199
GRF	651526	Medicare Part D	$	308,749,142	$	324,920,518	121200
TOTAL GRF General Revenue Fund							121201
		State	$	5,194,152,818	$	5,460,523,689	121202
		Federal	$	8,979,532,639	$	9,293,422,318	121203
		GRF Total	$	14,173,685,457	$	14,753,946,007	121204

General Services Fund Group	121205

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	121206
5FX0	561638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	121207
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	121208

Federal Special Revenue Fund Group	121209

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	121210
3F00	651623	Medicaid Services - Federal	$	2,977,109,943	$	3,214,589,109	121211
3F00	651624	Medicaid Program Support - Federal	$	409,446,401	$	409,773,399	121212
3FA0	651680	Health Care Grants - Federal	$	20,000,000	$	20,000,000	121213
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	121214
TOTAL FED Federal Special Revenue Fund Group			$	5,242,512,780	$	5,662,855,462	121215

State Special Revenue Fund Group	121216

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	121217
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	121218
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	121219
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	121220
5R20	651608	Medicaid Services - Long Term Care	$	402,000,000	$	402,000,000	121221
5U30	651654	Medicaid Program Support	$	36,205,843	$	35,403,126	121222
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	121223
TOTAL SSR State Special Revenue Fund Group			$	1,203,440,710	$	1,201,387,028	121224

Holding Account Redistribution Fund Group	121225

R055	651644	Refunds and Reconciliations	$	1,000,0000	$	1,000,000	121226
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	121227
TOTAL ALL BUDGET FUND GROUPS			$	21,089,538,947	$	22,139,888,497	121228

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

121230

(A) As used in this section, "medical assistance program"	121231
means all of the following:	121232

(1) The Medicaid program established by Title XIX of the	121233
"Social Security Act," 42 U.S.C. 1396 et seq.	121234

(2) The Children's Health Insurance Program authorized by	121235
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	121236

(3) The Refugee Medical Assistance program authorized by the	121237
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	121238
1522(e).	121239

(B) On July 1, 2013, all of the following apply:

121240

(1) The Department of Medicaid is created.

121241

(2) The Department of Medicaid is to be administered by the	121242
Medicaid Director who is to be appointed by the Governor with the	121243
advice and consent of the Senate.	121244

(3) The Medicaid Director is to hold the Director's office	121245
during the term of the appointing Governor and is subject to	121246
removal at the pleasure of the Governor.	121247

(4) The Medicaid Director is the executive head of the	121248
Department of Medicaid and all duties conferred on the Department	121249
by law or order of the Director are under the Director's control	121250
and shall be performed in accordance with rules the Director	121251
adopts.	121252

(5) The Medicaid Director may appoint such employees as are	121253
necessary for the efficient operation of the Department of	121254
Medicaid and may prescribe the title and duties of the employees.	121255

(6) The Office of Medical Assistance shall cease to exist.

121256

(7) Each reference to the Department or Director of Public	121257
Welfare, Department or Director of Human Services, Department or	121258
Director of Job and Family Services, Office of Medical Assistance,	121259
or Medical Assistance Director in any statute, rule, contract,	121260
grant, or other document is deemed to refer to the Department of	121261
Medicaid or Medicaid Director, as the case may be, to the extent	121262
the reference is about a duty or authority of the Department of	121263
Medicaid or Medicaid Director regarding a medical assistance	121264
program.	121265

(8) Employees of the Office of Medical Assistance are hereby	121266
transferred to the Department of Medicaid. The vehicles and	121267
equipment assigned to the Office's employees are transferred to	121268
the Department.	121269

(9) The assets, liabilities, other equipment not provided	121270
for, and records, irrespective of form or medium, of the Office of	121271
Medical Assistance are transferred to the Department of Medicaid.	121272
The Department is the successor to, assumes the obligations of,	121273
and otherwise constitutes the continuation of, the Office.	121274

(10) Business commenced but not completed on July 1, 2013, by	121275
the Medical Assistance Director, the Office of Medical Assistance,	121276
Director of Job and Family Services, or Department of Job and	121277
Family Services regarding a medical assistance program shall be	121278
completed by the Medicaid Director or Department of Medicaid in	121279
the same manner, and with the same effect, as if completed by the	121280
Medical Assistance Director, Office of Medical Assistance,	121281
Director of Job and Family Services, or Department of Job and	121282
Family Services. No validation, cure, right, privilege, remedy,	121283
obligation, or liability is lost or impaired by reason of the	121284
transfer required by this section but shall be administered by the	121285
Medicaid Director or Department of Medicaid.	121286

(11) For the purpose of the "Social Security Act," section	121287
1902(a)(5), 42 U.S.C. 1396a(a)(5), the Department of Medicaid	121288
shall act as the single state agency to supervise the	121289
administration of the Medicaid program. As the single state	121290
agency, the Department shall comply with 42 C.F.R. 431.10(e) and	121291
all other federal requirements applicable to the single state	121292
agency.	121293

(D) The rules, orders, and determinations pertaining to the	121294
Office of Medical Assistance and Department of Job and Family	121295
Services regarding medical assistance programs continue in effect	121296
as rules, orders, and determinations of the Department of Medicaid	121297
until modified or rescinded by the Department of Medicaid.	121298

(E) No judicial or administrative action or proceeding	121299
pending on July 1, 2013, is affected by the transfer of functions	121300
from the Medical Assistance Director, Office of Medical	121301
Assistance, Director of Job and Family Services, or Department of	121302
Job and Family Services to the Medicaid Director or Department of	121303
Medicaid and shall be prosecuted or defended in the name of the	121304
Medicaid Director or Department of Medicaid. On application to the	121305
court or other tribunal, the Medicaid Director or Department of	121306
Medicaid shall be substituted as a party in such actions and	121307
proceedings.	121308

(F) When the Department of Medicaid created in section 121.02	121309
of the Revised Code comes into effect, it is a continuation of the	121310
Department of Medicaid created in this section.	121311

(G) A portion of the foregoing appropriation items 651425,	121312
Medicaid Program Support – State, 651525, Medicaid/Health Care	121313
Services, 651526, Medicare Part D, 651639, Medicaid Services –	121314
Recoveries, 651638, Medicaid Services - Payment Withholding,	121315
651603, Medicaid Health Information Technology, 651623, Medicaid	121316
Services – Federal, 651624, Medicaid Program Support – Federal,	121317
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	121318
Pass-Through, 651605, Resident Protection Fund, 651631, Money	121319
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	121320
651682, Health Care Grants – State, 651608, Medicaid Services –	121321
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	121322
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	121323
Managed Care Performance Payments, may be used to pay for Medicaid	121324
services and costs associated with the administration of the	121325
Medicaid program.	121326

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

121327

On July 1, 2013, or as soon as possible thereafter, the	121328
Medicaid Director shall certify to the Director of Budget and	121329
Management all medical assistance-related encumbrances held by the	121330
Department of Job and Family Services, and specify which of those	121331
encumbrances are requested to be transferred to the Department of	121332
Medicaid. The Director of Budget and Management may cancel any	121333
existing encumbrances, as certified by the Medicaid Director, and	121334
reestablish them in the Department of Medicaid. The reestablished	121335
encumbrance amounts are hereby appropriated. Any business	121336
commenced, but not completed, with regard to the encumbrances	121337
certified shall be completed by the Department of Medicaid in the	121338
same manner and with the same effect as if it were completed by	121339
the Department of Job and Family Services.	121340

On July 1, 2013, or as soon as possible thereafter, the	121341
Medicaid Director shall certify to the Director of Budget and	121342
Management all medical assistance-related receivables held by the	121343
Department of Job and Family Services, and specify which of those	121344
receivables are requested to be transferred to the Department of	121345
Medicaid. The Director of Budget and Management may cancel any	121346
existing receivables as certified by the Medicaid Director and	121347
reestablish them in the Department of Medicaid.	121348

A portion of the foregoing appropriation items 651425,	121349
Medicaid Program Support – State, 651525, Medicaid/Health Care	121350
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	121351
Services-Payment Withholding, 651624, Medicaid Program Support –	121352
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	121353
Interagency Pass-Through, 651605, Resident Protection Fund,	121354
651631, Money Follows the Person, 651656, Medicaid Services –	121355
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	121356
Medicaid Services – Long Term Care, 651654, Medicaid Program	121357
Support, and 651649, Medicaid Services – HCAP, may be used to pay	121358
for medical assistance services and costs associated with the	121359
administration of the Medicaid program.	121360

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

121361

(A) As used in this section, "medical assistance program" has	121362
the same meaning as in the section of this act titled "CREATION OF	121363
THE DEPARTMENT OF MEDICAID."	121364

(B) During the period beginning July 1, 2013, and ending June	121365
30, 2015, all of the following apply:	121366

(1) The Medicaid Director has the authority to establish,	121367
change, and abolish positions for the Department of Medicaid, and	121368
to assign, reassign, classify, reclassify, transfer, reduce,	121369
promote, or demote all employees of the Department of Medicaid who	121370
are not subject to Chapter 4117. of the Revised Code.	121371

(2) As part of the transfer of medical assistance programs to	121372
the Department of Medicaid, the Director of Job and Family	121373
Services has the authority to establish, change, and abolish	121374
positions for the Department of Job and Family Services, and to	121375
assign, reassign, classify, reclassify, transfer, reduce, promote,	121376
or demote all employees of the Department of Job and Family	121377
Services who are not subject to Chapter 4117. of the Revised Code.	121378

(C) The authority granted under division (B) of this section	121379
includes assigning or reassigning an exempt employee, as defined	121380
in section 124.152 of the Revised Code, to a bargaining unit	121381
classification if the Medicaid Director or Director of Job and	121382
Family Services determines that the bargaining unit classification	121383
is the proper classification for that employee. The actions of the	121384
Medicaid Director or Director of Job and Family Services shall be	121385
consistent with the requirements of 5 C.F.R. 900.603 for those	121386
employees subject to such requirements. If an employee in the E-1	121387
pay range is to be assigned, reassigned, classified, reclassified,	121388
transferred, reduced, or demoted to a position in a lower	121389
classification during the period specified in this section, the	121390
Medicaid Director or Director of Job and Family Services, or in	121391
the case of a transfer outside the Department of Medicaid or	121392
Department of Job and Family Services, the Director of	121393
Administrative Services, shall assign the employee to the	121394
appropriate classification and place the employee in Step X. The	121395
employee shall not receive any increase in compensation until the	121396
maximum rate of pay for that classification exceeds the employee's	121397
compensation.	121398

(D) Actions taken by the Medicaid Director, Director of Job	121399
and Family Services, and Director of Administrative Services	121400
pursuant to this section are not subject to appeal to the State	121401
Personnel Board of Review.	121402

(E) A portion of the foregoing appropriation items 651425,	121403
Medicaid Program Support – State, 651603, Medicaid Health	121404
Information Technology, 651624, Medicaid Program Support –	121405
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	121406
Interagency Pass-Through, 651605, Resident Protection Fund,	121407
651631, Money Follows the Person, 651682, Health Care Grants –	121408
State, and 651654, Medicaid Program Support, may be used to pay	121409
for costs associated with the administration of the Medicaid	121410
program, including the assignment, reassignment, classification,	121411
reclassification, transfer, reduction, promotion, or demotion of	121412
employees authorized by this section.	121413

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

121414

As used in this section, "medical assistance program" has the	121415
same meaning as in the section of this act titled "CREATION OF THE	121416
DEPARTMENT OF MEDICAID."	121417

The Medicaid Director and Director of Job and Family Services	121418
may jointly or separately enter into one or more contracts with	121419
public or private entities for staff training and development to	121420
facilitate the transfer of the staff and duties regarding medical	121421
assistance programs to the Department of Medicaid. Division (B) of	121422
section 127.16 of the Revised Code does not apply to contracts	121423
entered into under this section.	121424

A portion of the foregoing appropriation items 651425,	121425
Medicaid Program Support – State, 651624, Medicaid Program Support	121426
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	121427
Protection Fund, 651631, Money Follows the Person, and 651654,	121428
Medicaid Program Support, may be used to pay for costs associated	121429
with the administration of the Medicaid program, including staff	121430
training authorized under this section.	121431

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	121432
A COLLECTIVE BARGAINING SUBJECT	121433

As used in this section, "medical assistance program" has the	121434
same meaning as in the section of this act titled "CREATION OF THE	121435
DEPARTMENT OF MEDICAID."	121436

Notwithstanding sections 4117.08 and 4117.10 of the Revised	121437
Code, this act's creation of the Department of Medicaid and	121438
reassignment of the functions and duties of the Office of Medical	121439
Assistance regarding medical assistance programs are not	121440
appropriate subjects for collective bargaining under Chapter 4117.	121441
of the Revised Code.	121442

A portion of the foregoing appropriation items 651425,	121443
Medicaid Program Support – State, 651624, Medicaid Program Support	121444
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	121445
Interagency Pass-Through, 651605, Resident Protection Fund,	121446
651631, Money Follows the Person, 651682, Health Care Grants –	121447
State, and 651654, Medicaid Program Support, may be used to pay	121448
for costs associated with the administration of the Medicaid	121449
program, including the reassignment of functions and duties	121450
related to the transition of the Office of Medical Assistance into	121451
the Department of Medicaid.	121452

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

121453

(A) As used in this section:

121454

(1) "Grant agreement" has the same meaning as in section	121455
5101.21 of the Revised Code.	121456

(2) "Medical assistance program" has the same meaning as in	121457
the section of this act titled "CREATION OF THE DEPARTMENT OF	121458
MEDICAID."	121459

(B) The Director of Job and Family Services and boards of	121460
county commissioners may enter into negotiations to amend an	121461
existing grant agreement or to enter into a new grant agreement	121462
regarding the transfer of medical assistance programs to the	121463
Department of Medicaid. Any such amended or new grant agreement	121464
shall be drafted in the name of the Department of Job and Family	121465
Services. The amended or new grant agreement may be executed	121466
before July 1, 2013, if the amendment or agreement does not become	121467
effective sooner than that date.	121468

(C) A portion of the foregoing appropriation items 651525,	121469
Health Care/Medicaid Services, 651603, Medicaid Health Information	121470
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	121471
Program Support – Federal, 651680, Health Care Grants – Federal,	121472
and 651682, Health Care Grants - State, may be used to pay for	121473
Medicaid services and costs associated with the administration of	121474
the Medicaid program.	121475

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

121476

On and after October 1, 2013, if necessary to ensure the	121477
integrity of the numbering of the Administrative Code, the	121478
Director of the Legislative Service Commission shall renumber the	121479
rules of the Office of Medical Assistance within the Department of	121480
Job and Family Services to reflect its transfer to the Department	121481
of Medicaid.	121482

Section 323.20. MEDICAID/HEALTH CARE SERVICES

121483

The foregoing appropriation item 651525, Medicaid/Health Care	121484
Services, shall not be limited by section 131.33 of the Revised	121485
Code.	121486

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	121487
AVOIDABLE ADMISSIONS	121488

(A) The Department of Medicaid may implement, for fiscal year	121489
2014 and fiscal year 2015, a quality incentive program to do both	121490
of the following:	121491

(1) Reduce the number of times that the following persons are	121492
admitted to hospitals and nursing facilities or utilize emergency	121493
department services when the admissions or utilizations are	121494
avoidable:	121495

(a) Medicaid recipients enrolled in a home and	121496
community-based services Medicaid waiver component administered by	121497
the Office;	121498

(b) Medicaid recipients receiving nursing services available	121499
under the home health services benefit pursuant to 42 C.F.R.	121500
440.70(b)(1);	121501

(c) Medicaid recipients receiving home health aide services	121502
available under the home health services benefit pursuant to 42	121503
C.F.R. 440.70(b)(2);	121504

(d) Medicaid recipients receiving private duty nursing	121505
services as defined in 42 C.F.R. 440.80.	121506

(2) Reduce the number of times that Medicaid recipients	121507
receiving nursing facility services are admitted to hospitals or	121508
utilize emergency department services when the admissions or	121509
utilizations are avoidable.	121510

(B) If the quality incentive program is implemented, the	121511
Department shall include in the program methods by which the	121512
Department will determine the program's actual savings to the	121513
Medicaid program and shall distribute not more than fifty per cent	121514
of the savings to participating Medicaid providers.	121515

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	121516
PROGRAM	121517

(A) As used in this section, "children's hospital" means a	121518
hospital, as defined in section 3727.01 of the Revised Code, that	121519
is located in this state, primarily serves patients eighteen years	121520
of age and younger, is subject to the Medicaid prospective payment	121521
system for hospitals established in rules adopted under section	121522
5164.02 of the Revised Code, and is excluded from Medicare	121523
prospective payments in accordance with 42 C.F.R. 412.23(d).	121524

(B) The Medicaid Director may implement, during fiscal year	121525
2014 and fiscal year 2015, a children's hospitals quality outcomes	121526
program that encourages children's hospitals to develop the	121527
following:	121528

(1) Infrastructures that are needed to care for patients in	121529
the least restrictive setting and promote the care of patients and	121530
their families;	121531

(2) Programs designed to improve birth outcomes and	121532
measurably reduce neonatal intensive care admissions;	121533

(3) Patient-centered methods to measurably reduce utilization	121534
of emergency department services for primary care needs and	121535
nonemergency health conditions;	121536

(4) Other quality-focused reforms the Director identifies.

121537

(C) Up to $6,000,000 state share plus the corresponding	121538
federal share in each fiscal year shall be used to support	121539
payments made to children's hospitals for developing programs that	121540
achieve the outcomes specified under division (B) of this section	121541
and any other measures the Medicaid Director deems appropriate.	121542

Section 323.50. UNIFIED LONG TERM CARE

121543

The foregoing appropriation item 651425, Medicaid Program	121544
Support - State, may be used to provide the preadmission screening	121545
and resident review (PASRR), which includes screening,	121546
assessments, and determinations made under sections 5119.061	121547
(renumbered section 5119.40 of the Revised Code in this act),	121548
5123.021, and 5165.04 of the Revised Code.	121549

The foregoing appropriation item 651425, Medicaid Program	121550
Support - State, may be used to assess and provide long-term care	121551
consultations under section 173.42 of the Revised Code to clients	121552
regardless of Medicaid eligibility.	121553

The foregoing appropriation item 651525, Medicaid/Health Care	121554
Services, may be used to provide nonwaiver funded PASSPORT and	121555
assisted living services to persons who the state department has	121556
determined to be eligible to participate in the nonwaiver funded	121557
PASSPORT and assisted living programs, who applied for but have	121558
not yet been determined to be financially eligible to participate	121559
in the Medicaid waiver component of the PASSPORT Home Care Program	121560
or the Assisted Living Program by a county department of job and	121561
family services, and to persons who are not eligible for Medicaid	121562
but were enrolled in the PASSPORT Program prior to July 1, 1990.	121563

The foregoing appropriation item 651425, Medicaid Program	121564
Support - State, shall be used to provide the required state match	121565
for federal Medicaid funds supporting the Medicaid waiver-funded	121566
PASSPORT Home Care Program, the Choices Program, the Assisted	121567
Living Program, and the PACE Program.	121568

The foregoing appropriation item 651525, Medicaid/Health Care	121569
Services, shall be used to provide the federal matching share of	121570
program costs determined by the Office of Medical Assistance to be	121571
eligible for Medicaid reimbursement for the Medicaid waiver-funded	121572
PASSPORT Home Care Program, the Choices Program, the Assisted	121573
Living Program, and the PACE Program.	121574

Section 323.53. PASSPORT ADMINISTRATIVE AGENCY SITE	121575
OPERATIONS	121576

For fiscal year 2014 and fiscal year 2015, spending for	121577
PASSPORT administrative agencies' site operating functions	121578
relating to screening, assessments, general administrative, and	121579
provider relations for the Medicaid waiver-funded PASSPORT Home	121580
Care Program, Choices Program, Assisted Living Program, and PACE	121581
Program shall be at one hundred five per cent of the level	121582
provided in fiscal year 2013.	121583

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

121584

At the beginning of each quarter, or as soon as possible	121585
thereafter, the Medicaid Director shall certify to the Director of	121586
Budget and Management the amount withheld in accordance with	121587
section 5167.30 of the Revised Code for purposes of the Managed	121588
Care Performance Payment Program. Upon receiving certification,	121589
the Director of Budget and Management shall transfer cash in the	121590
amount certified from the General Revenue Fund to the Managed Care	121591
Performance Payment Fund. Appropriation item 651525,	121592
Medicaid/Health Care Services, is hereby reduced by the amount of	121593
the transfer. Upon request of the Medicaid Director and approval	121594
of the Director of Budget and Management, appropriation up to the	121595
cash balance in the Managed Care Performance Payment Fund is	121596
hereby appropriated.	121597

In addition to any other purpose authorized by law, the	121598
Department of Medicaid may use money in the Managed Care	121599
Performance Payment Fund for the following purposes for fiscal	121600
year 2014 and fiscal year 2015:	121601

(A) To meet obligations specified in provider agreements with	121602
Medicaid managed care organizations;	121603

(B) To pay for Medicaid services provided by a Medicaid	121604
managed care organization;	121605

(C) To reimburse a Medicaid managed care organization that	121606
has paid a fine for failure to meet performance standards or other	121607
requirements specified in provider agreements or rules adopted	121608
under section 5167.02 of the Revised Code if the organization	121609
comes into compliance with the standards or requirements.	121610

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

121611

(A) As used in this section, "individual with disabilities"	121612
means any individual receiving services through the program for	121613
medically handicapped children established under section 3701.023	121614
of the Revised Code who has one or more of the following	121615
conditions:	121616

(1) Cystic fibrosis;

121617

(2) Hemophilia;

121618

(3) Cancer.

121619

(B) Notwithstanding section 5167.03 of the Revised Code, the	121620
Department of Medicaid shall not include in the care management	121621
system established under that section any individual with	121622
disabilities who was not receiving services through the care	121623
management system immediately before June 30, 2011, until the	121624
first day of the thirteenth month that occurs after the date that	121625
the Office first designates any individual who receives Medicaid	121626
on the basis of being aged, blind, or disabled who is under	121627
twenty-one years of age as an individual who is permitted or	121628
required to participate in the care management system.	121629

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	121630
HEALTH SERVICES	121631

(A) As used in this section, "community mental health	121632
services" means mental health services included in the state	121633
Medicaid plan pursuant to section 5164.15 of the Revised Code.	121634

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	121635
recipient who is under twenty-one years of age automatically	121636
satisfies all requirements for any prior authorization process for	121637
community mental health services provided under a component of the	121638
Medicaid program administered by the Department of Mental Health	121639
and Addiction Services pursuant to an interagency agreement	121640
authorized by section 5162.35 of the Revised Code if any of the	121641
following apply to the recipient:	121642

(1) The recipient is in the temporary custody or permanent	121643
custody of a public children services agency or private child	121644
placing agency or is in a planned permanent living arrangement.	121645

(2) The recipient has been placed in protective supervision	121646
by a juvenile court.	121647

(3) The recipient has been committed to the Department of	121648
Youth Services.	121649

(4) The recipient is an alleged or adjudicated delinquent or	121650
unruly child receiving services under the Felony Delinquent Care	121651
and Custody Program operated under section 5139.43 of the Revised	121652
Code.	121653

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	121654
LONG-TERM SERVICES AND SUPPORTS	121655

(A) The Joint Legislative Committee for Unified Long-Term	121656
Services and Supports created under section 309.30.73 of Am. Sub.	121657
H.B. 153 of the 129th General Assembly, as subsequently amended,	121658
shall continue to exist during fiscal year 2014 and fiscal year	121659
2015. The Committee shall consist of the following members:	121660

(1) Two members of the House of Representatives from the	121661
majority party, appointed by the Speaker of the House of	121662
Representatives;	121663

(2) One member of the House of Representatives from the	121664
minority party, appointed by the Speaker of the House of	121665
Representatives;	121666

(3) Two members of the Senate from the majority party,	121667
appointed by the President of the Senate;	121668

(4) One member of the Senate from the minority party,	121669
appointed by the President of the Senate.	121670

(B) The Speaker of the House of Representatives shall	121671
designate one of the members of the Committee appointed under	121672
division (A)(1) of this section to serve as co-chairperson of the	121673
Committee. The President of the Senate shall designate one of the	121674
members of the Committee appointed under division (A)(3) of this	121675
section to serve as the other co-chairperson of the Committee. The	121676
Committee shall meet at the call of the co-chairpersons. The	121677
co-chairpersons may request assistance for the Committee from the	121678
Legislative Service Commission.	121679

121680

(1) The implementation of the dual eligible integrated care	121681
demonstration project authorized by section 5164.91 of the Revised	121682
Code;	121683

(2) The implementation of a unified long-term services and	121684
support Medicaid waiver component under section 5166.14 of the	121685
Revised Code;	121686

(3) Providing consumers choices regarding a continuum of	121687
services that meet their health-care needs, promote autonomy and	121688
independence, and improve quality of life;	121689

(4) Ensuring that long-term care services and supports are	121690
delivered in a cost-effective and quality manner;	121691

(5) Subjecting county homes, county nursing homes, and	121692
district homes operated pursuant to Chapter 5155. of the Revised	121693
Code to the franchise permit fee under sections 5168.40 to 5168.56	121694
of the Revised Code;	121695

(6) Other issues of interest to the committee.

121696

(D) The co-chairpersons of the Committee shall provide for	121697
the Medicaid Director to testify before the Committee at least	121698
quarterly regarding the issues that the Committee examines.	121699

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	121700
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	121701
HOSPITAL INCENTIVE PAYMENT PROGRAM	121702

(A) As used in this section:

121703

(1) "Hospital" has the same meaning as in section 5168.20 of	121704
the Revised Code.	121705

(2) "Hospital Assessment Fund" means the fund created under	121706
section 5168.25 of the Revised Code.	121707

(3) "Medicaid managed care organization" has the same meaning	121708
as in section 5167.01 of the Revised Code.	121709

(B) The Department of Medicaid shall do both of the	121710
following:	121711

(1) Continue the Hospital Inpatient and Outpatient	121712
Supplemental Upper Payment Limit Program that was established	121713
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	121714
General Assembly, with any modifications necessary to implement	121715
the program as described under division (D) of this section;	121716

(2) Continue the Medicaid Managed Care Hospital Incentive	121717
Payment Program, as described under division (E) of this section.	121718

(C) The Department shall use amounts deposited into the	121719
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	121720
for the following purposes in each fiscal year:	121721

(1) To pay for costs associated with both of the following:

121722

(a) The Hospital Inpatient and Outpatient Supplemental Upper	121723
Payment Limit Program;	121724

(b) The Medicaid Managed Care Hospital Incentive Payment	121725
Program.	121726

(2) To reduce spending in appropriation item 651525,	121727
Medicaid/Health Care Services.	121728

(D)(1) Under the Hospital Inpatient and Outpatient	121729
Supplemental Upper Payment Limit Program, subject to division	121730
(D)(2) of this section, supplemental Medicaid payments shall be	121731
made to hospitals for Medicaid-covered inpatient and outpatient	121732
services. The Department shall make the payments through amounts	121733
available for the Program pursuant to division (C) of this section	121734
and any federal financial participation available for the Program.	121735

(2) The Department shall take all actions necessary to cease	121736
implementation of the Program if the United States Secretary	121737
determines that the assessment imposed under section 5168.21 of	121738
the Revised Code is an impermissible healthcare-related tax under	121739
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	121740

(E)(1) The purpose of the Medicaid Managed Care Hospital	121741
Incentive Payment Program is to increase access to hospital	121742
services for Medicaid recipients who are enrolled in Medicaid	121743
managed care organizations.	121744

Under the Program, subject to division (E)(2) of this	121745
section, funds shall be provided to Medicaid managed care	121746
organizations, which shall use the funds to increase payments to	121747
hospitals for providing services to Medicaid recipients who are	121748
enrolled in the organizations. The Department shall provide the	121749
funds through amounts available for the Program pursuant to	121750
division (C) of this section and any federal financial	121751
participation available for the Program.	121752

(2)(a) The Department shall not provide funds to Medicaid	121753
managed care organizations under the Program unless an actuary	121754
selected by the Department certifies that the Program would not	121755
violate the actuarial soundness of the capitation rates paid to	121756
Medicaid managed care organizations.	121757

(b) The Department shall not implement the Program in a	121758
manner that causes a hospital to receive less money from the	121759
Hospital Assessment Fund than the hospital would have received if	121760
the Program were not implemented.	121761

(c) The Department shall not implement the Program in a	121762
manner that causes a Medicaid managed care organization to receive	121763
a lower capitation payment rate solely because funds are made	121764
available to the organization under the Program.	121765

(d) The Department shall take all necessary actions to cease	121766
implementation of the Program if the United States Secretary	121767
determines that the assessment imposed under section 5168.21 of	121768
the Revised Code is an impermissible health care-related tax under	121769
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	121770

(F) The Director of Budget and Management may authorize	121771
additional expenditures from appropriation item 651623, Medicaid	121772
Services - Federal, appropriation item 651525, Medicaid/Health	121773
Care Services, and appropriation item 651656, Medicaid Services -	121774
Hospital/UPL, in order to implement the programs authorized by	121775
this section. Any amounts authorized are hereby appropriated.	121776

(G) The Medicaid Director shall adopt rules as necessary to	121777
implement this section. The rules shall provide for the applicable	121778
assessment percentage that is used for the purpose of section	121779
5168.21 of the Revised Code to be an amount that raises, from the	121780
assessments imposed on hospitals under that section, an amount the	121781
Director determines is appropriate to fund the purposes specified	121782
in division (C) of this section.	121783

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	121784
OF MEDICAID WAIVER PROGRAMS	121785

(A) As used in this section, "MCD or ODA Medicaid waiver	121786
component" means the following:	121787

(1) The Medicaid waiver component of the PASSPORT program	121788
created under section 173.52 of the Revised Code;	121789

(2) The Choices program created under section 173.53 of the	121790
Revised Code;	121791

(3) The Medicaid waiver component of the Assisted Living	121792
program created under section 173.54 of the Revised Code.	121793

(4) The Ohio Home Care Waiver program as defined in section	121794
5166.01 of the Revised Code;	121795

(5) The Ohio Transitions II Aging Carve-Out program as	121796
defined in section 5166.01 of the Revised Code;	121797

(B) If an MCD or ODA Medicaid waiver component is terminated	121798
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	121799
Revised Code, all of the following apply:	121800

(1) All applicable statutes, and all applicable rules,	121801
standards, guidelines, or orders issued by the Medicaid Director	121802
or Department of Medicaid or Director or Department of Aging	121803
before the component is terminated, shall remain in full force and	121804
effect on and after that date, but solely for purposes of	121805
concluding the component's operations, including fulfilling the	121806
Departments' legal obligations for claims arising from the	121807
component relating to eligibility determinations, covered medical	121808
assistance provided to eligible persons, and recovering erroneous	121809
overpayments.	121810

(2) Notwithstanding the termination of the component, the	121811
right of subrogation for the cost of medical assistance given	121812
under section 5160.37 of the Revised Code to the Department of	121813
Medicaid and an assignment of the right to medical assistance	121814
given under section 5160.38 of the Revised Code to the Department	121815
continue to apply with respect to the component and remain in	121816
force to the full extent provided under those sections.	121817

(3) The Department of Medicaid and Department of Aging may	121818
use appropriated funds to satisfy any claims or contingent claims	121819
for medical assistance provided under the component before the	121820
component's termination.	121821

(4) Neither the Department of Medicaid nor the Department of	121822
Aging has liability under the component to reimburse any provider	121823
or other person for claims for medical assistance rendered under	121824
the component after it is terminated.	121825

(C) The Medicaid Director and Director of Aging may adopt	121826
rules in accordance with Chapter 119. of the Revised Code to	121827
implement this section.	121828

Section 323.120. EXPANSION OF PACE PROGRAM

121829

(A) As used in this section, "PACE Program" means the Program	121830
of All-Inclusive Care for the Elderly.	121831

(B) To effectively administer and manage growth within the	121832
PACE Program, the Director of Aging, in consultation with the	121833
Medicaid Director, may expand the PACE Program to regions of the	121834
state that are not being served by the PACE Program if all of the	121835
following apply:	121836

(1) Funding is available for the expansion.

121837

(2) The Director of Aging and Medicaid Director mutually	121838
determine that the PACE Program is a cost-effective alternative to	121839
nursing home care.	121840

(3) The United States Centers for Medicare and Medicaid	121841
Services agrees to share with the state any savings to the	121842
Medicare program resulting from an expansion of the PACE Program.	121843

(C) If the PACE Program is expanded, the Director of Aging	121844
may not decrease the number of individuals in Cuyahoga and	121845
Hamilton counties and parts of Butler, Clermont, and Warren	121846
counties who are participants in the PACE Program below the number	121847
of individuals in those counties and parts of counties who were	121848
participants in the PACE Program on July 1, 2011.	121849

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

121850

The Medicaid dispensing fee for each noncompounded drug	121851
covered by the Medicaid program shall be $1.80 for the period	121852
beginning July 1, 2013, and ending on the effective date of a rule	121853
changing the amount of the fee that the Medicaid Director adopts	121854
under section 5164.02 of the Revised Code.	121855

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	121856
REIMBURSEMENT FUND	121857

The federal payments made to the state under subsection (e)	121858
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	121859
No. 109-171, as amended, shall be deposited into the Money Follows	121860
the Person Enhanced Reimbursement Fund. The Department of Medicaid	121861
shall continue to use money deposited into the fund for system	121862
reform activities related to the Money Follows the Person	121863
demonstration project.	121864

Section 323.150. MEDICARE PART D

121865

The foregoing appropriation item 651526, Medicare Part D, may	121866
be used by the Department of Medicaid for the implementation and	121867
operation of the Medicare Part D requirements contained in the	121868
"Medicare Prescription Drug, Improvement, and Modernization Act of	121869
2003," Pub. L. No. 108-173, as amended. Upon the request of the	121870
Department of Medicaid, the Director of Budget and Management may	121871
transfer the state share of appropriations between appropriation	121872
item 651525, Medicaid/Health Care Services, or appropriation item	121873
651526, Medicare Part D. If the state share of appropriation item	121874
651525, Medicaid/Health Care Services, is adjusted, the Director	121875
of Budget and Management shall adjust the federal share	121876
accordingly. The Department of Medicaid shall provide notification	121877
to the Controlling Board of any transfers at the next scheduled	121878
Controlling Board meeting.	121879

Section 323.160. REBALANCING LONG-TERM CARE

121880

(A) As used in this section:

121881

"Balancing Incentive Payments Program" means the program	121882
established under section 10202 of the Patient Protection and	121883
Affordable Care Act.	121884

"Long-term services and supports" has the same meaning as in	121885
section 10202(f)(1) of the Patient Protection and Affordable Care	121886
Act.	121887

"Non-institutionally-based long-term services and supports"	121888
has the same meaning as in section 10202(f)(1)(B) of the Patient	121889
Protection and Affordable Care Act.	121890

"Patient Protection and Affordable Care Act" means Public Law	121891
111-148.	121892

(B) The Departments of Aging, Developmental Disabilities, and	121893
Medicaid shall continue efforts to achieve a sustainable and	121894
balanced delivery system for long-term services and supports. In	121895
so doing, the Departments shall strive to realize the following	121896
goals by June 30, 2015:	121897

(1) Having at least fifty per cent of Medicaid recipients who	121898
are sixty years of age or older and need long-term services and	121899
supports utilize non-institutionally-based long-term services and	121900
supports;	121901

(2) Having at least sixty per cent of Medicaid recipients who	121902
are less than sixty years of age and have cognitive or physical	121903
disabilities for which long-term services and supports are needed	121904
utilize non-institutionally-based long-term services and supports.	121905

(C) If the Department of Medicaid determines that	121906
participating in the Balancing Incentive Payments Program will	121907
assist in achieving the goals specified in division (B) of this	121908
section, the Department may apply to the United States Secretary	121909
of Health and Human Services to participate in the program.	121910

Section 323.170. OHIO ACCESS SUCCESS PROJECT

121911

Of the foregoing appropriation item, 651525, Medicaid/Health	121912
Care Services, up to $450,000 in each fiscal year may be used to	121913
provide one-time transitional benefits under the Ohio Access	121914
Success Project that the Medicaid Director may establish under	121915
section 5166.35 of the Revised Code.	121916

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

121917

(A) At least quarterly, the Medicaid Director shall certify	121918
to the Director of Budget and Management the amount of offsets	121919
withheld under section 5168.52 of the Revised Code from payments	121920
made from the General Revenue Fund.	121921

(B) The Director of Budget and Management may transfer cash	121922
from the General Revenue Fund to the Nursing Home Franchise Permit	121923
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	121924
Revised Code.	121925

(C) Amounts transferred pursuant to this section are hereby	121926
appropriated.	121927

Section 323.190. HOSPITAL CARE ASSURANCE MATCH

121928

The foregoing appropriation item 651623, Medicaid Services -	121929
Federal, shall be used by the Department of Medicaid for	121930
distributing funds to hospitals under section 5168.09 of the	121931
Revised Code.	121932

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

121933

Of the amount received by the Department of Medicaid during	121934
fiscal year 2014 and fiscal year 2015 from the first installment	121935
of assessments paid under section 5168.06 of the Revised Code and	121936
intergovernmental transfers made under section 5168.07 of the	121937
Revised Code, the Medicaid Director shall deposit $350,000 in each	121938
fiscal year into the state treasury to the credit of the Health	121939
Care Services Administration Fund (Fund 5U30).	121940

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	121941
SERVICES ADMINISTRATION FUND	121942

(A) As used in this section:

121943

"Hospital offset" means an offset from a hospital's Medicaid	121944
payment authorized by section 5168.991 of the Revised Code.	121945

"Vendor offset" means a reduction of a Medicaid payment to a	121946
Medicaid provider to correct a previous, incorrect Medicaid	121947
payment.	121948

(B) During fiscal year 2014 and fiscal year 2015, at	121949
intervals selected by the Medicaid Director, the Director shall	121950
certify to the Director of Budget and Management the amount of	121951
hospital offsets and vendor offsets for the period covered by the	121952
certification and the particular funds that would have been used	121953
to make Medicaid payments to providers if not for the offsets.	121954
Each certification shall specify the amount that would have been	121955
taken from each of the funds if not for the hospital offsets and	121956
vendor offsets.	121957

(C) On receipt of a certification under division (B) of this	121958
section, the Director of Budget and Management shall transfer cash	121959
from the funds identified in the certification to the Health Care	121960
Services Administration Fund (Fund 5U30). The amount transferred	121961
from a fund shall equal the amount that would have been taken from	121962
the fund if not for the hospital offsets and vendor offsets as	121963
specified in the certification. The transferred cash is hereby	121964
appropriated.	121965

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

121966

The Medicaid Director may request the Director of Budget and	121967
Management to increase appropriation item 651655, Medicaid	121968
Interagency Pass-Through. Upon the approval of the Director of	121969
Budget and Management, the additional amounts are hereby	121970
appropriated.	121971

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	121972
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	121973

(A) As used in this section:

121974

"Dual eligible individual" has the same meaning as in the	121975
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	121976
1396n(h)(2)(B).	121977

"Medicare Part B" means the Supplementary Medical Insurance	121978
Program for the Aged and Disabled component of the Medicare	121979
program established by Part B of Title XVIII of the "Social	121980
Security Act," 42 U.S.C. 1395j et seq.	121981

"Noninstitutional services" means any services other than	121982
hospital services, nursing facility services, and intermediate	121983
care facilities for the mentally retarded.	121984

(B) Notwithstanding any conflicting state statute, a Medicaid	121985
payment for noninstitutional services, excluding physician	121986
services and including freestanding dialysis center services,	121987
provided during the period beginning January 1, 2014, and ending	121988
July 1, 2015, to a Medicaid recipient who is a dual eligible	121989
individual enrolled for benefits under Medicare Part B shall equal	121990
the lesser of the following:	121991

(1) The sum of the Medicare Part B deductible, coinsurance,	121992
and copayment for the services that are applicable to the	121993
individual;	121994

(2) The greater of the following:

121995

(a) The maximum allowable Medicaid payment for the services	121996
when the services are provided to other Medicaid recipients, less	121997
the total Medicaid payment (if any) most recently paid on the	121998
Medicaid recipient's behalf for such services;	121999

(b) Zero.

122000

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	122001
AND PRIVATE DUTY NURSING	122002

(A) As used in this section, "responsible adult" means the	122003
spouse of a Medicaid recipient or, in the case of a Medicaid	122004
recipient who is a minor, the minor's parent, foster caregiver,	122005
stepparent, guardian, legal custodian, or any other person who	122006
stands in loco parentis for the minor.	122007

(B) Except as provided in division (C) of this section, for	122008
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	122009
be made for any of the following services that are provided to a	122010
Medicaid recipient by an individual who is a responsible adult for	122011
that recipient:	122012

(1) Nursing services available under the home health services	122013
benefit pursuant to 42 C.F.R. 440.70(b)(1);	122014

(2) Home health aide services available under the home health	122015
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	122016

(3) Private duty nursing services, as defined in 42 C.F.R.	122017
440.80.	122018

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	122019
Director shall establish the conditions under which Medicaid	122020
payments may be made for any of the services described in division	122021
(B) of this section that are provided to a Medicaid recipient by	122022
an individual who is a responsible adult for that recipient.	122023

(D) The Director shall adopt rules in accordance with Chapter	122024
119. of the Revised Code necessary to implement this section. The	122025
Director shall consult provider representatives, consumer	122026
representatives, and other stakeholders in developing the rules,	122027
which may include the following:	122028

(1) Qualification and training requirements necessary for	122029
responsible adults to receive Medicaid payments under division (C)	122030
of this section;	122031

(2) Oversight requirements necessary for responsible adults	122032
to receive Medicaid payments under division (C) of this section;	122033

(3) Procedures designed to protect against fraud, waste, and	122034
abuse that may occur as a result of payments made under division	122035
(C) of this section;	122036

(4) Any other procedures, standards, or requirements the	122037
Director considers appropriate.	122038

Section 323.236. PURCHASING STRATEGIES FOR WHEELCHAIRS

122039

For fiscal years 2014 and 2015, the Medicaid Director shall	122040
implement strategies for purchasing wheelchairs for Medicaid	122041
recipients residing in nursing facilities. In implementing the	122042
purchasing strategies, the Director shall seek to achieve a more	122043
efficient allocation of resources and price and quality	122044
competition among wheelchair providers. The Director shall	122045
consider one or more of the following when determining the	122046
purchasing strategies to implement:	122047

(A) Establishing selective contracting or competitive	122048
bidding;	122049

(B) Establishing a manufacturer's rebate program;

122050

(C) Another purchasing strategy that saves the Medicaid	122051
program an amount equivalent to the savings that would be realized	122052
from the purchasing strategies specified in division (A) or (B),	122053
or both, of this section.	122054

Section 323.240. RESCISSION OF RULE REGARDING RATES FOR	122055
PHYSICIAN GROUPS ACTING AS OUTPATIENT HOSPITAL CLINICS	122056

The Medicaid Director shall rescind rule 5101:3-1-60.1 of the	122057
Administrative Code. The rescission shall not take effect before	122058
January 1, 2014.	122059

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	122060
SERVICES	122061

(A) The Medicaid Director shall reduce the Medicaid payment	122062
rate for radiological services to which both of the following	122063
apply:	122064

(1) They are provided in a physician's office or an	122065
independent diagnostic testing facility;	122066

(2) They are provided more than once by the same provider for	122067
the same Medicaid recipient during the same session.	122068

(B) The Director shall adopt rules under section 5164.02 of	122069
the Revised Code to implement the rate reduction required by this	122070
section. The rules shall not take effect before January 1, 2014.	122071

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	122072
SERVICES DEPENDING ON LOCATION OF SERVICE	122073

(A) The Medicaid Director shall do both of the following:

122074

(1) Identify physician services for which Medicaid payment	122075
rates should vary depending on where the services are provided;	122076

(2) Adopt rules under section 5164.02 of the Revised Code to	122077
establish the varying Medicaid payment rates.	122078

(B) The rules required by division (A)(2) of this section	122079
shall not take effect before January 1, 2014.	122080

Section 323.263. PAYMENT RATES FOR PASSPORT SERVICES

122081

The Medicaid payment rates for services provided under the	122082
PASSPORT program, other than adult day-care services, during the	122083
period beginning July 1, 2013, and ending June 30, 2015, shall be	122084
not less than ninety-eight and five-tenths per cent of the	122085
Medicaid payment rates for the services in effect on June 30,	122086
2011. The Medicaid payment rates for adult day-care services	122087
provided under the PASSPORT program during the period beginning	122088
July 1, 2013, and ending June 30, 2015, shall be twenty per cent	122089
higher than the amount of the Medicaid payment rates for the	122090
services in effect on June 30, 2013.	122091

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	122092
MEDICARE PAYMENT METHODOLOGIES	122093

(A) The Medicaid Director shall do both of the following:

122094

(1) Identify Medicaid services for which the Medicaid payment	122095
methodologies should be aligned, to the extent the Director	122096
considers appropriate, with Medicare payment methodologies for the	122097
services;	122098

(2) Adopt rules under section 5164.02 of the Revised Code to	122099
so align the payment methodologies for the services.	122100

(B) The rules required by division (A)(2) of this section	122101
shall not take effect before January 1, 2014.	122102

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	122103
FACILITY SERVICES	122104

As used in this section, "Medicaid waiver component" has the	122105
same meaning as in section 5166.01 of the Revised Code.	122106

The Medicaid Director may establish, as a Medicaid waiver	122107
component, an alternative purchasing model for nursing facility	122108
services provided, during the period beginning July 1, 2013, and	122109
ending July 1, 2015, to Medicaid recipients with specialized	122110
health care needs, including recipients dependent on ventilators,	122111
recipients who have severe traumatic brain injury, and recipients	122112
who would be admitted to long-term acute care hospitals or	122113
rehabilitation hospitals if they did not receive nursing facility	122114
services. If established, the alternative purchasing model shall	122115
do all of the following:	122116

(A) Recognize a connection between enhanced Medicaid payment	122117
rates and improved health outcomes capable of being measured;	122118

(B) Include criteria for identifying Medicaid recipients with	122119
specialized health care needs;	122120

(C) Include procedures for ensuring that Medicaid recipients	122121
identified pursuant to division (B) of this section receive	122122
nursing facility services under the alternative purchasing model.	122123

The total per Medicaid day payment rate for nursing facility	122124
services provided under the alternative purchasing model may	122125
differ from the rate that would otherwise be paid pursuant to	122126
Chapter 5165. of the Revised Code.	122127

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	122128
EFFICIENCY AND INDIVIDUAL CARE	122129

(A) The Department of Medicaid may review the following	122130
services covered by the Medicaid program to identify opportunities	122131
to improve the efficiency of, and individual care provided by,	122132
long-term care services and supports:	122133

(1) Nursing services available under the home health services	122134
benefit pursuant to 42 C.F.R. 440.70(b)(1);	122135

(2) Home health aide services available under the home health	122136
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	122137

(3) Private duty nursing services as defined in 42 C.F.R.	122138
440.80.	122139

(B) The Department, in its review authorized by division (A)	122140
of this section, may consider establishing the following:	122141

(1) New methods for authorizing and coordinating long-term	122142
care services and supports, including such services and supports	122143
covered by the Medicaid state plan, using case managers or care	122144
coordinators;	122145

(2) Competency and training requirements for the case	122146
managers or care coordinators;	122147

(3) Other mechanisms for improving efficiency and individual	122148
care in the delivery of long-term care services and supports.	122149

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	122150
CARE	122151

(A) As used in this section:

122152

(1) "Dual eligible individual" has the same meaning as in	122153
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	122154
42 U.S.C. 1396n(h)(2)(B).	122155

(2) "Dual eligible integrated care demonstration project"	122156
means the demonstration project authorized by section 5164.91 of	122157
the Revised Code.	122158

(3) "Medicaid managed care organization" has the same meaning	122159
as in section 5167.01 of the Revised Code.	122160

(4) "Participant" means an individual participating in the	122161
dual eligible integrated care demonstration project.	122162

(B) For fiscal year 2014 and fiscal year 2015, the Department	122163
of Medicaid shall provide performance payments as provided under	122164
this section to Medicaid managed care organizations providing care	122165
under the Dual Eligible Integrated Care Demonstration Project.	122166

(C) If the Department implements the Dual Eligible Integrated	122167
Care Demonstration Project, and if participants receive care	122168
through Medicaid managed care organizations under the project, the	122169
Department shall, in consultation with the United States Centers	122170
for Medicare and Medicaid Services, do both of the following:	122171

(1) Develop quality measures designed specifically to	122172
determine the effectiveness of the health care and other services	122173
provided to participants by Medicaid managed care organizations;	122174

(2) Determine an amount to be withheld from the Medicaid	122175
premium payments paid to Medicaid managed care organizations for	122176
participants.	122177

(D)(1) For the purposes of division (C)(2) of this section,	122178
the Department shall establish an amount that is to be withheld	122179
each time a premium payment is made to a Medicaid managed care	122180
organization for a participant. The amount shall be established as	122181
a percentage of each premium payment. The percentage shall be the	122182
same for all Medicaid managed care organizations providing care to	122183
participants.	122184

(2) Each Medicaid managed care organization shall agree to	122185
the withholding as a condition of receiving or maintaining its	122186
Medicaid provider agreement with the Department.	122187

(3) When the amount is established and each time the amount	122188
is modified thereafter, the Department shall certify the amount to	122189
the Director of Budget and Management and begin withholding the	122190
amount from each premium the Department pays to a Medicaid managed	122191
care organization for a participant.	122192

(E) The Director of Budget and Management shall transfer the	122193
amounts certified in accordance with division (D) of this section	122194
into the Managed Care Performance Payment Fund created under	122195
section 5162.60 of the Revised Code. The amounts transferred may	122196
be used to make performance payments to Medicaid managed care	122197
organizations providing care to participants in accordance with	122198
rules that may be adopted by the Medicaid Director under Chapter	122199
119. of the Revised Code.	122200

(F) A Medicaid managed care organization subject to this	122201
section is not subject to section 5167.30 of the Revised Code for	122202
premium payments attributed to participants during fiscal year	122203
2014 and fiscal year 2015.	122204

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	122205
PAYMENT PROGRAM	122206

At the beginning of each quarter, or as soon as possible	122207
thereafter, the Medicaid Director may certify to the Director of	122208
Budget and Management the amount withheld in accordance with the	122209
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	122210
MANAGED CARE." On receipt of certification, the Director of Budget	122211
and Management shall transfer cash in the amount certified from	122212
the General Revenue Fund to the Managed Care Performance Payment	122213
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	122214
Appropriation item 651525, Medicaid/Health Care Services, is	122215
hereby reduced by the amount of the transfer.	122216

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

122217

(A) As used in this section:

122218

"Medicaid waiver component" has the same meaning as in	122219
section 5166.01 of the Revised Code.	122220

"Patient liability" means the amount that 42 C.F.R. 435.735	122221
requires be reduced from a Medicaid payment for home and	122222
community-based services available under a Medicaid waiver	122223
component.	122224

(B) The Medicaid Director may contract with a person or	122225
government entity to collect patient liabilities for fiscal year	122226
2014 and fiscal year 2015. The Director may adopt rules under	122227
section 5166.02 of the Revised Code as necessary to implement this	122228
section.	122229

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

122230

(A) As used in this section:

122231

"Federal poverty line" means the official poverty line	122232
defined by the United States Office of Management and Budget based	122233
on the most recent data available from the United States Bureau of	122234
the Census and revised by the United States Secretary of Health	122235
and Human Services pursuant to the "Omnibus Budget Reconciliation	122236
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	122237

"State plan home and community-based services" means home and	122238
community-based services that may be included in the Medicaid	122239
state plan pursuant to the "Social Security Act," section 1915(i),	122240
42 U.S.C. 1396n(i).	122241

(B) During fiscal year 2014 and fiscal year 2015, the	122242
Medicaid program may cover state plan home and community-based	122243
services for Medicaid recipients of any age who have behavioral	122244
health issues and countable incomes not exceeding one hundred	122245
fifty per cent of the federal poverty line. A Medicaid recipient	122246
is not required to undergo a level of care determination to be	122247
eligible for the state plan home and community-based services.	122248

The Medicaid Director may adopt rules under section 5164.02	122249
of the Revised Code as necessary to implement this section.	122250

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	122251
INDIVIDUALS UNDER AGE 21	122252

(A) As used in this section:

122253

"Inpatient psychiatric hospital services for individuals	122254
under age 21" has the same meaning as in the "Social Security	122255
Act," section 1905(h), 42 U.S.C. 1396d(h).	122256

"Psychiatric residential treatment facility" has the same	122257
meaning as in 42 C.F.R. 483.352.	122258

(B) During fiscal year 2014 and fiscal year 2015, the	122259
Medicaid program may cover inpatient psychiatric hospital services	122260
for individuals under age 21 that are provided by psychiatric	122261
residential treatment facilities to Medicaid recipients to whom	122262
both of the following apply:	122263

(1) They are in the custody of the Department of Youth	122264
Services.	122265

(2) They have been identified as meeting a clinical criterion	122266
of serious emotional disturbance specified pursuant to division	122267
(C) of this section.	122268

(C) The Department of Youth Services, in collaboration with	122269
the Department of Medicaid and Department of Mental Health and	122270
Addiction Services, shall specify the clinical criterion of	122271
serious emotional disturbance to be used for the purpose of	122272
division (B)(2) of this section.	122273

Section 323.350. MCD COLLABORATION WITH DVS

122274

The Department of Medicaid may collaborate with the	122275
Department of Veterans Services to determine ways to improve the	122276
coordination of the services that the Departments make available	122277
to veterans in a manner that enhances veterans' receipt of the	122278
services. The Departments may implement, during fiscal year 2014	122279
and fiscal year 2015, initiatives that they determine during the	122280
collaboration will maximize the efficiency of the services and	122281
ensure that veterans' needs are met.	122282

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

122283

(A) The Medicaid Director may develop and implement, during	122284
fiscal year 2014 and fiscal year 2015, initiatives designed to	122285
improve birth outcomes for Medicaid recipients, including	122286
improvements designed to do the following:	122287

(1) Reduce the number of preterm births;

122288

(2) Reduce Medicaid costs;

122289

(3) Improve the quality of Medicaid services.

122290

(B) In developing the initiatives, the Director may consult	122291
with experts in practice improvement, Medicaid managed care	122292
organizations, hospitals, and other types of Medicaid providers.	122293
The Director, Medicaid managed care organizations, and other types	122294
of Medicaid providers involved in the initiatives shall make	122295
information about the initiatives available on their web sites.	122296

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	122297
FUND	122298

On July 1, 2013, or as soon as possible thereafter, the	122299
Director of Budget and Management shall transfer the cash balance	122300
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	122301
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	122302
completion of the transfer, Fund 5P50 is abolished. The Director	122303
shall cancel any existing encumbrances against appropriation item	122304
600692, Health Care/Medicaid Support – Drug Rebates, and	122305
reestablish them against appropriation item 651639, Medicaid	122306
Services - Recoveries. The re-established encumbrance amounts are	122307
hereby appropriated.	122308

All money that would have been deposited into the	122309
Prescription Drug Rebates Fund shall be deposited into the Health	122310
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	122311
and fiscal year 2015.	122312

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	122313
FUND	122314

On July 1, 2013, or as soon as possible thereafter, the	122315
Medicaid Director shall certify to the Director of Budget and	122316
Management, the cash balance related to managed care obligations	122317
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	122318
Budget and Management shall transfer the amount certified from	122319
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	122320
5KW0). The Director shall cancel any existing encumbrances related	122321
to managed care obligations against appropriation item 600625,	122322
Healthcare Compliance, and re-establish them against appropriation	122323
item 651612, Managed Care Performance Payment. The re-established	122324
encumbrance amounts are hereby appropriated.	122325

After the cash relating to managed care obligations has been	122326
transferred, the Director of Budget and Management shall transfer	122327
the remaining cash balance in the Healthcare Compliance Fund (Fund	122328
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	122329
Upon completion of the transfer, Fund 4Z10 is abolished. The	122330
Director shall cancel any remaining encumbrances against	122331
appropriation item 600625, Healthcare Compliance, and re-establish	122332
them against appropriation item 651654, Medicaid Program Support.	122333
The re-established encumbrance amounts are hereby appropriated.	122334

All money that would have been deposited into the Health Care	122335
Compliance Fund pursuant to division (B)(2) of former section	122336
5111.946 of the Revised Code shall be deposited into the Health	122337
Care Services Administration Fund during fiscal year 2014 and	122338
fiscal year 2015.	122339

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	122340
OVERSIGHT FUND	122341

On July 1, 2013, or as soon as possible thereafter, the	122342
Director of Budget and Management shall transfer the cash balance	122343
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	122344
Health Care Services Administration Fund (Fund 5U30). Upon	122345
completion of the transfer, Fund 5S30 is abolished. The Director	122346
shall cancel any existing encumbrances against appropriation item	122347
600629, Healthcare Program and DDD Support, and re-establish them	122348
against appropriation item 651654, Medicaid Program Support. The	122349
re-established encumbrance amounts are hereby appropriated.	122350

Section 323.400. REFUNDS AND RECONCILIATION FUND

122351

The Refunds and Reconciliation Fund (Fund R055) shall be used	122352
to hold refund and reconciliation revenues until the appropriate	122353
fund is determined or until the revenues are directed to the	122354
appropriate governmental agency other than the Department of	122355
Medicaid. Any Medicaid refunds or reconciliations received or held	122356
by the Department of Job and Family Services shall be transferred	122357
or credited to this fund. If receipts credited to the Refunds and	122358
Reconciliation Fund exceed the amounts appropriated from the fund,	122359
the Medicaid Director may request the Director of Budget and	122360
Management to authorize expenditures from the fund in excess of	122361
the amounts appropriated. Upon approval of the Director of Budget	122362
and Management, the additional amounts are hereby appropriated.	122363

Section 323.460. NO LOSS OF MEDICAID ELIGIBILITY BEFORE	122364
JANUARY 1, 2014	122365

Notwithstanding the amendments by this act to sections	122366
5101.18, 5111.01 (as renumbered as section 5162.03), and 5111.011	122367
(as renumbered as section 5163.02) and the repeal by this act of	122368
sections 5111.014, 5111.015, 5111.0110, 5111.0111, 5111.0113,	122369
5111.0115, 5111.0120, 5111.0121, 5111.0122, 5111.0123, 5111.0124,	122370
5111.0125, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704,	122371
5111.705, 5111.706, 5111.707, 5111.708, 5111.709, and 5111.7011 of	122372
the Revised Code, no individual eligible for Medicaid pursuant to	122373
those sections shall lose Medicaid eligibility before January 1,	122374
2014, because of the amendments to, or repeal of, those sections.	122375
This section does not preclude an individual from losing Medicaid	122376
eligibility before January 1, 2014, if the individual would cease	122377
to be Medicaid eligible before that date for reasons unrelated to	122378
the amendments to, or repeal of, those sections. Unrelated reasons	122379
include acquiring income or assets exceeding eligibility limits	122380
and failure to comply with eligibility requirements.	122381

Section 323.470. ALTERATIONS TO AND ELIMINATION OF OPTIONAL	122382
MEDICAID ELIGIBILITY GROUPS	122383

The Medicaid Director may initiate, before January 1, 2014,	122384
the rule-making process to alter the eligibility requirements for,	122385
or to eliminate, one or more Medicaid optional eligibility groups	122386
or subgroups pursuant to section 5163.06 of the Revised Code.	122387
However, none of the rules may go into effect before that date.	122388

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

122389

As used in this section, "authorizing statute" means a	122390
Revised Code section or provision of a Revised Code section that	122391
is cited in the Ohio Administrative Code as the statute that	122392
authorizes the adoption of a rule.	122393

The Medicaid Director is not required to amend any rule for	122394
the sole purpose of updating the citation in the Ohio	122395
Administrative Code to the rule's authorizing statute to reflect	122396
that this act renumbers the authorizing statute or relocates it to	122397
another Revised Code section. Such citations shall be updated as	122398
the Director amends the rules for other purposes.	122399

Section 325.10. MED STATE MEDICAL BOARD

122400

General Services Fund Group	122401

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	122402
TOTAL GSF General Services							122403
Fund Group			$	9,172,062	$	9,172,062	122404
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	122405

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	122407
SERVICES	122408

General Revenue Fund	122409

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	122410
GRF	333402	Resident Trainees	$	450,000	$	450,000	122411
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	122412
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	122413
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	122414
GRF	334506	Court Costs	$	784,210	$	784,210	122415
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	122416
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	122417
GRF	335421	Continuum of Care Services	$	76,399,100	$	76,399,100	122418
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	122419
GRF	335504	Community Innovations	$	1,500,000	$	1,500,000	122420
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	122421
GRF	335507	Community Behavioral Health	$	50,000,000	$	50,000,000	122422
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	122423
TOTAL GRF General Revenue Fund			$	365,711,367	$	365,944,767	122424

General Services Fund Group	122425

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	122426
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	122427
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	122428
1500	334620	Special Education	$	150,000	$	150,000	122429
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	122430
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	122431
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	122432
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	122433

Federal Special Revenue Fund Group	122434

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	122435
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	122436
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	122437
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	122438
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	122439
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	122440
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	122441
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	122442
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	122443
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	122444
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	122445
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	122446
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	122447
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	122448
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	122449
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	122450
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	122451
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	122452
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	122453
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	122454
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	122455
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	122456

State Special Revenue Fund Group	122457

2320	333621	Family and Children First Administration	$	400,000	$	400,000	122458
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	122459
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	122460
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	122461
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	122462
6890	333640	Education and Conferences	$	150,000	$	150,000	122463
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	122464
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	122465
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	122466
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	122467
6320	335616	Community Capital Replacement	$	350,000	$	350,000	122468
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	122469
TOTAL ALL BUDGET FUND GROUPS			$	694,936,996	$	687,186,360	122470

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	122472
DEPARTMENTS	122473

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	122474
Revised Code, and any other provision of law to the contrary, on	122475
July 1, 2013, there is hereby created the Department of Mental	122476
Health and Addiction Services, which shall be administered by the	122477
Director of Mental Health and Addiction Services. The Director of	122478
Mental Health and Addiction Services shall be appointed by the	122479
Governor, with the advice and consent of the Senate, and shall	122480
hold office during the term of the appointing Governor, and is	122481
subject to removal at the pleasure of the Governor. The Director	122482
of Mental Health and Addiction Services is the executive head of	122483
the Department of Mental Health and Addiction Services. The	122484
Department of Alcohol and Drug Addiction Services and the	122485
Department of Mental Health shall be consolidated into the single	122486
Department of Mental Health and Addiction Services. All of the	122487
authority, functions, and assets and liabilities of the Department	122488
of Mental Health and the Department of Alcohol and Drug Addiction	122489
Services are transferred to the Department of Mental Health and	122490
Addiction Services. The Department of Mental Health and Addiction	122491
Services is thereupon and thereafter successor to, assumes the	122492
obligations of, and otherwise constitutes the continuation of the	122493
Department of Alcohol and Drug Addiction Services and the	122494
Department of Mental Health. The Director of Mental Health and	122495
Addiction Services assumes all of the duties, authorities, and	122496
responsibilities of the Director of Alcohol and Drug Addiction	122497
Services and the Director of Mental Health. Any action, license,	122498
or certification that was undertaken or issued by the Director of	122499
Alcohol and Drug Addiction Services or the Director of Mental	122500
Health that is current and valid on the effective date of the	122501
consolidation is deemed to be an action, license, or certification	122502
undertaken or issued by the Department of Mental Health and	122503
Addiction Services under the statute creating that Department.	122504

Any business commenced but not completed by July 1, 2013, by	122505
the Department of Mental Health or the Department of Alcohol and	122506
Drug Addiction Services shall be completed by the Department of	122507
Mental Health and Addiction Services. The business shall be	122508
completed in the same manner, and with the same effect, as if	122509
completed by the Department of Mental Health or by the Department	122510
of Alcohol and Drug Addiction Services prior to July 1, 2013.	122511

No validation, cure, right, privilege, remedy, obligation, or	122512
liability is lost or impaired by reason of this act's transfer of	122513
responsibility from the Department of Mental Health and the	122514
Department of Alcohol and Drug Addiction Services to the	122515
Department of Mental Health and Addiction Services. Each such	122516
validation, cure, right, remedy, obligation, or liability shall be	122517
administered by the Department of Mental Health and Addiction	122518
Services pursuant to the statute creating that department.	122519

All rules, orders, and determinations made or undertaken	122520
pursuant to the authority and responsibilities of the Department	122521
of Mental Health and the Department of Alcohol and Drug Addiction	122522
Services prior to July 1, 2013, shall continue in effect as rules,	122523
orders, and determinations of the Department of Mental Health and	122524
Addiction Services until modified or rescinded by the Department	122525
of Mental Health and Addiction Services. If necessary to ensure	122526
the integrity of the numbering system of the Administrative Code,	122527
the Director of the Legislative Service Commission shall renumber	122528
the rules to reflect the transfer of authority and responsibility	122529
to the Department of Mental Health and Addiction Services.	122530

Any action or proceeding that is related to the functions or	122531
duties of the Department of Mental Health or the Department of	122532
Alcohol and Drug Addiction Services pending on July 1, 2013, is	122533
not affected by the transfer of responsibility to the Department	122534
of Mental Health and Addiction Services and shall be prosecuted or	122535
defended in the name of the Department of Mental Health and	122536
Addiction Services. In all such actions and proceedings, the	122537
Department of Mental Health and Addiction Services, on application	122538
to the court, shall be substituted as a party.	122539

It is the intention of the Department of Mental Health and	122540
Addiction Services that community subsidies allocated or	122541
distributed by the department will be used to fund mental health	122542
and addiction services in largely the same proportion that such	122543
services were funded when allocated or distributed as separate	122544
funding streams through the separate Department of Mental Health	122545
or Department of Alcohol and Drug Addiction Services.	122546

All employees of the Department of Mental Health and the	122547
Department of Alcohol and Drug Addiction Services shall be	122548
employees of the Department of Mental Health and Addiction	122549
Services and shall serve in the positions previously held within	122550
their respective agencies unless the Department of Mental Health	122551
and Addiction Services determines otherwise. The merger of	122552
Department of Mental Health and Department of Alcohol and Drug	122553
Addiction Services shall not be deemed a transfer of employees	122554
pursuant to division (D)(3)(b) of section 124.11 of the Revised	122555
Code. Any unclassified employee of the Department of Mental Health	122556
and Addiction Services who held a right to resume a position	122557
within the classified service of his or her previous respective	122558
agency of the Department of Mental Health or the Department of	122559
Alcohol and Drug Addiction Services shall retain such a right	122560
subject to section 5119.18 of the Revised Code as may be amended.	122561

On July 1, 2013, or as soon as possible thereafter,	122562
notwithstanding any provision of law to the contrary, and if	122563
requested by the Department of Mental Health and Addiction	122564
Services, the Director of Budget and Management shall make budget	122565
changes made necessary by the consolidation, if any, including	122566
administrative organization, program transfers, the creation of	122567
new funds, the transfer of state funds, and the consolidation of	122568
funds, as authorized by this section. The Director of Budget and	122569
Management may make any transfer of cash balances between funds.	122570

On July 1, 2013, or as soon as possible thereafter, the	122571
Director of Mental Health and Addiction Services shall certify to	122572
the Director of Budget and Management all encumbrances held by the	122573
Department of Mental Health and the Department of Alcohol and Drug	122574
Addiction Services, and specify which of those encumbrances are	122575
requested to be transferred to the Department of Mental Health and	122576
Addiction Services. The Director of Budget and Management may	122577
cancel any existing encumbrances as certified by the Director of	122578
Mental Health and Addiction Services and re-establish them in the	122579
new agency. The re-established encumbrance amounts are hereby	122580
appropriated. Any business commenced but not completed with regard	122581
to the encumbrances certified shall be completed by the Department	122582
of Mental Health and Addiction Services in the same manner and	122583
with the same effect as if it were completed by the Department of	122584
Mental Health or the Department of Alcohol and Drug Addiction	122585
Services.	122586

Not later than 30 days after the transfer and consolidation	122587
of the operations and related management functions of the	122588
Department of Mental Health and the Department of Alcohol and Drug	122589
Addiction Services to the Department of Mental Health and	122590
Addiction Services, an authorized officer of the former Department	122591
of Mental Health and the former Department of Alcohol and Drug	122592
Addiction Services shall certify to the Director of Mental Health	122593
and Addiction Services the unexpended balance and location of any	122594
funds and accounts designated for building and facility operation	122595
and management functions, and the custody of such funds and	122596
accounts shall be transferred to the Department of Mental Health	122597
and Addiction Services.	122598

Effective July 1, 2013, the Director of Budget and Management	122599
shall cancel any existing encumbrances against appropriation item	122600
038616, Problem Gambling Services, and re-establish them against	122601
appropriation items 333641, Problem Gambling Services -	122602
Administration, and 335641, Problem Gambling Services. The	122603
re-established encumbrance amounts are hereby appropriated. Any	122604
business commenced but not completed under appropriation item	122605
038616 by July 1, 2013, shall be completed under appropriation	122606
items 333641 and 335641 in the same manner and with the same	122607
effect as if it were completed with regard to appropriation item	122608
038616.	122609

Effective July 1, 2013, the Director of Budget and Management	122610
shall cancel any existing encumbrances against appropriation item	122611
038614, Substance Abuse Block Grant, and re-establish them against	122612
appropriation items 333618, Substance Abuse Block Grant -	122613
Administration, and 335618, Substance Abuse Block Grant. The	122614
re-established encumbrance amounts are hereby appropriated. Any	122615
business commenced but not completed under appropriation item	122616
038614 by July 1, 2013, shall be completed under appropriation	122617
items 333618 and 335618 in the same manner and with the same	122618
effect as if it were completed with regard to appropriation item	122619
038614.	122620

Effective July 1, 2013, the Director of Budget and Management	122621
shall cancel any existing encumbrances against appropriation item	122622
038609, Demonstration Grants, and re-establish them against	122623
appropriation items 333606, Demonstration Grants - Administration,	122624
and 335606, Demonstration Grants. The re-established encumbrance	122625
amounts are hereby appropriated. Any business commenced but not	122626
completed under appropriation item 038609 by July 1, 2013, shall	122627
be completed under appropriation items 333606 and 335606 in the	122628
same manner and with the same effect as if it were completed with	122629
regard to appropriation item 038609.	122630

Effective July 1, 2013, the Director of Budget and Management	122631
shall cancel any existing encumbrances against appropriation item	122632
038621, Statewide Treatment and Prevention, and re-establish them	122633
against appropriation items 333623, Statewide Treatment and	122634
Prevention - Administration, and 335623, Statewide Treatment and	122635
Prevention. The re-established encumbrance amounts are hereby	122636
appropriated. Any business commenced but not completed under	122637
appropriation item 038621 by July 1, 2013, shall be completed	122638
under appropriation items 333623 and 335623 in the same manner and	122639
with the same effect as if it were completed with regard to	122640
appropriation item 038621.	122641

Effective July 1, 2013, the Director of Budget and Management	122642
shall cancel any existing encumbrances against appropriation item	122643
038629, Problem Gambling and Casino Addictions, and re-establish	122644
them against appropriation items 333629, Problem Gambling and	122645
Casino Addictions - Administration, and 335629, Problem Gambling	122646
and Casino Addictions. The re-established encumbrance amounts are	122647
hereby appropriated. Any business commenced but not completed	122648
under appropriation item 038629 by July 1, 2013, shall be	122649
completed under appropriation items 333629 and 335629 in the same	122650
manner and with the same effect as if it were completed with	122651
regard to appropriation item 038629.	122652

Effective July 1, 2013, the Director of Budget and Management	122653
shall cancel any existing encumbrances against appropriation item	122654
038611, Administrative Reimbursement, and re-establish them	122655
against appropriation item 333639, Administrative Reimbursement.	122656
The re-established encumbrance amounts are hereby appropriated.	122657
Any business commenced but not completed under appropriation item	122658
038611 by July 1, 2013, shall be completed under appropriation	122659
item 333639 in the same manner and with the same effect as if it	122660
were completed with regard to appropriation item 038611.	122661

Effective July 1, 2013, the Director of Budget and Management	122662
shall cancel any existing encumbrances against appropriation item	122663
335635, Community Medicaid Expansion, and re-establish them	122664
against appropriation item 652635, Community Medicaid Legacy	122665
Costs. The re-established encumbrance amounts are hereby	122666
appropriated. Any business commenced but not completed under	122667
appropriation item 335635 by July 1, 2013, shall be completed	122668
under appropriation item 652635 in the same manner and with the	122669
same effect as if it were completed with regard to appropriation	122670
item 335635.	122671

Effective July 1, 2013, the Director of Budget and Management	122672
shall cancel any existing encumbrances against appropriation item	122673
333635, Community Medicaid Expansion, and re-establish them	122674
against appropriation item 652636, Community Medicaid Legacy	122675
Support. The re-established encumbrance amounts are hereby	122676
appropriated. Any business commenced but not completed under	122677
appropriation item 333635 by July 1, 2013, shall be completed	122678
under appropriation item 652636 in the same manner and with the	122679
same effect as if it were completed with regard to appropriation	122680
item 333635.	122681

Effective July 1, 2013, the Director of Budget and Management	122682
shall cancel any existing encumbrances against appropriation item	122683
038610, Medicaid, and re-establish them against appropriation item	122684
652609, Medicaid Legacy Costs Support. The re-established	122685
encumbrance amounts are hereby appropriated. Any business	122686
commenced but not completed under appropriation item 038610 by	122687
July 1, 2013, shall be completed under appropriation item 652609	122688
in the same manner and with the same effect as if it were	122689
completed with regard to appropriation item 038610.	122690

Effective July 1, 2013, the Director of Budget and Management	122691
shall cancel any existing encumbrances against appropriation item	122692
038604, Education and Conferences, and re-establish them against	122693
appropriation item 333640, Education and Conferences. The	122694
re-established encumbrance amounts are hereby appropriated. Any	122695
business commenced but not completed under appropriation item	122696
038604 by July 1, 2013, shall be completed under appropriation	122697
item 333640 in the same manner and with the same effect as if it	122698
were completed with regard to appropriation item 038604.	122699

Effective July 1, 2013, the Director of Budget and Management	122700
shall cancel any existing encumbrances against appropriation item	122701
038401, Treatment Services, and re-establish them against	122702
appropriation items 335421, Continuum of Care Services, 335422,	122703
Criminal Justice Services, and 335406, Prevention and Wellness.	122704
The re-established encumbrance amounts are hereby appropriated.	122705
Any business commenced but not completed under appropriation item	122706
038401 by July 1, 2013, shall be completed under appropriation	122707
items 335421, 335422, and 335406 in the same manner and with the	122708
same effect as if it were completed with regard to appropriation	122709
item 038401.	122710

Effective July 1, 2013, the Director of Budget and Management	122711
shall cancel any existing encumbrances against appropriation item	122712
335419, Community Medication Subsidy, and re-establish them	122713
against appropriation item 335421, Continuum of Care Services. The	122714
re-established encumbrance amounts are hereby appropriated. Any	122715
business commenced but not completed under appropriation item	122716
335419 by July 1, 2013, shall be completed under appropriation	122717
item 335421 in the same manner and with the same effect as if it	122718
were completed with regard to appropriation item 335419.	122719

Effective July 1, 2013, the Director of Budget and Management	122720
shall cancel any existing encumbrances against appropriation item	122721
335505, Local Mental Health Systems of Care, and re-establish them	122722
against appropriation item 335421, Continuum of Care Services. The	122723
re-established encumbrance amounts are hereby appropriated. Any	122724
business commenced but not completed under appropriation item	122725
335505 by July 1, 2013, shall be completed under appropriation	122726
item 335421 in the same manner and with the same effect as if it	122727
were completed with regard to appropriation item 335505.	122728

Effective July 1, 2013, the Director of Budget and Management	122729
shall cancel any existing encumbrances against appropriation item	122730
332401, Forensic Services, and re-establish them against	122731
appropriation item 335422, Criminal Justice Services. The	122732
re-established encumbrance amounts are hereby appropriated. Any	122733
business commenced but not completed under appropriation item	122734
332401 by July 1, 2013, shall be completed under appropriation	122735
item 335422 in the same manner and with the same effect as if it	122736
were completed with regard to appropriation item 332401.	122737

Effective July 1, 2013, the Director of Budget and Management	122738
shall cancel any existing encumbrances against appropriation item	122739
333403, Pre-Admission Screening Expenses, and re-establish them	122740
against appropriation item 652507, Medicaid Support. The	122741
re-established encumbrance amounts are hereby appropriated. Any	122742
business commenced but not completed under appropriation item	122743
333403 by July 1, 2013, shall be completed under appropriation	122744
item 652507 in the same manner and with the same effect as if it	122745
were completed with regard to appropriation item 333403.	122746

Effective July 1, 2013, the Director of Budget and Management	122747
shall cancel any existing encumbrances against appropriation item	122748
038900, Indigent Drivers Alcohol Treatment, and re-establish them	122749
against appropriation item 335900, Indigent Drivers Alcohol	122750
Treatment. The re-established encumbrance amounts are hereby	122751
appropriated. Any business commenced but not completed under	122752
appropriation item 038900 by July 1, 2013, shall be completed	122753
under appropriation item 335900 in the same manner and with the	122754
same effect as if it were completed with regard to appropriation	122755
item 038900.	122756

Effective July 1, 2013, the Director of Budget and Management	122757
shall cancel any existing encumbrances against appropriation item	122758
038404, Prevention Services, and re-establish them against	122759
appropriation item 335406, Prevention and Wellness. The	122760
re-established encumbrance amounts are hereby appropriated. Any	122761
business commenced but not completed under appropriation item	122762
038404 by July 1, 2013, shall be completed under appropriation	122763
item 335406 in the same manner and with the same effect as if it	122764
were completed with regard to appropriation item 038404.	122765

Section 327.20.10. Effective July 1, 2013, the Director of	122766
Mental Health and Addiction Services, with respect to all mental	122767
health and addiction facilities and services established and	122768
operated or provided under Chapter 340. of the Revised Code shall	122769
do all of the following:	122770

(A) To the extent the Director determines necessary, and	122771
after consultation with the boards of alcohol, drug addiction, and	122772
mental health services, develop and operate, or contract for the	122773
operation of, a community behavioral health information system or	122774
systems, and shall specify the information that must be provided	122775
by boards of alcohol, drug addiction, and mental health services	122776
for inclusion in the system or systems, which may include	122777
information on services provided in whole or in part under	122778
contract with a board, financial information regarding	122779
expenditures of federal, state, or local funds by boards, and	122780
information about persons served under contract with a board.	122781

(B)(1) Receive and review each board's community mental	122782
health and addiction services plan, budget, and statement of	122783
services to be made available, and approve or disapprove the plan,	122784
budget, and statement of services in whole or in part.	122785

(2) The Department may withhold all or part of the funds	122786
allocated to a board if it disapproves all or part of a plan,	122787
budget, or statement of service.	122788

(3) Prior to a final decision to disapprove a plan, budget,	122789
or statement of services, or to withhold funds from a board, a	122790
representative of the Director shall meet with the board to	122791
discuss the reasons for the action and any corrective action that	122792
should be taken to make the plan, budget, or statement of services	122793
acceptable, and give the board a reasonable time in which to	122794
revise the plan, budget, or statement of services.	122795

(C) Establish procedures for the review of plans, budgets,	122796
and statements of services, and a timetable for submission and	122797
review. Boards of alcohol, drug addiction, and mental health	122798
services shall submit to the Department of Mental Health and	122799
Addiction Services the information, plans, budgets, and statements	122800
of services described above in accordance with the guidance or	122801
directives of the Department or Director. After notifying and	122802
consulting with relevant constituents, the Department of Mental	122803
Health and Addiction Services shall establish a methodology for	122804
allocating to boards of alcohol, drug addiction, and mental health	122805
services the funds appropriated by the General Assembly to the	122806
Department for the purpose of local mental health and addiction	122807
services continuums of care. Subject to existing provisions of law	122808
that permit the Director to withhold funds from boards of alcohol,	122809
drug addiction, and mental health services for failure to comply	122810
with applicable sections of law, or for discriminating in making	122811
services available, and subject to a board's submission and	122812
approval of the required plan, budget, and statement of services	122813
described above, the Department shall allocate the funds to the	122814
boards in a manner consistent with the methodology and state and	122815
federal laws, rules, and regulations.	122816

Portions of appropriation items 333609, Central Office	122817
Operating, 333606, Demonstration Grants - Administration, 333612,	122818
Social Services Block Grant - Administration, 333613, Federal	122819
Grants - Administration, 333614, Mental Health Block Grant -	122820
Administration, 333618, Substance Abuse Block Grant -	122821
Administration, 333623, Statewide Treatment and Prevention -	122822
Administration, 333629, Problem Gambling and Casino Addictions -	122823
Administration, 333608, Federal Miscellaneous - Administration,	122824
333641, Problem Gambling Services - Administration, 335406,	122825
Prevention and Wellness, 335421, Continuum of Care Services,	122826
335422, Criminal Justice Services, 335604, Community Mental Health	122827
Projects, 335606, Demonstration Grants, 335612, Social Services	122828
Block Grant, 335613, Federal Grant - Community Mental Health	122829
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	122830
Health Care, 335618, Substance Abuse Block Grant, 335623,	122831
Statewide Treatment and Prevention, 335629, Problem Gambling and	122832
Casino Addictions, 335638, Race to the Top - Early Learning	122833
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	122834
may be used to pay for the Department and board functions	122835
enumerated above.	122836

Section 327.20.20. (A) Effective July 1, 2013, all records	122837
and reports, other than court journal entries or court docket	122838
entries, identifying a person and pertaining to the person's	122839
mental health condition, assessment, provision of care or	122840
treatment, or payment for assessment, care, or treatment that are	122841
maintained in connection with any services certified by the	122842
Department of Mental Health and Addiction Services, or any	122843
hospitals or facilities licensed or operated by the Department,	122844
shall be kept confidential and shall not be disclosed by any	122845
person, with the following exceptions:	122846

(1) If the person identified, or the person's legal guardian,	122847
if any, or if the person is a minor, the person's parent or legal	122848
guardian, consents.	122849

(2) When disclosure is provided for in Chapters 340., 5119.,	122850
or 5122., or in Title 47 of the Revised Code.	122851

(3) Hospitals, boards of alcohol, drug addiction, and mental	122852
health services, licensed facilities, and community mental health	122853
services providers may release necessary information to insurers	122854
and other third-party payers, including government entities	122855
responsible for processing and authorizing payment, to obtain	122856
payment for goods and services furnished to the person.	122857

(4) Pursuant to a court order signed by a judge;

122858

(5) A person shall be granted access to the person's own	122859
psychiatric and medical records unless access specifically is	122860
restricted in a person's treatment plan for clear treatment	122861
reasons.	122862

(6) The Department of Mental Health and Addiction Services	122863
may exchange psychiatric records and other pertinent information	122864
with community mental health services providers and boards of	122865
alcohol, drug addiction, and mental health services relating to	122866
the person's care or services. Records and information that may be	122867
exchanged pursuant to this division shall be limited to medication	122868
history, physical health status and history, financial status,	122869
summary of course of treatment, summary of treatment needs, and a	122870
discharge summary, if any.	122871

(7) The Department of Mental Health and Addiction Services,	122872
hospitals, and community providers operated by the Department,	122873
hospitals licensed by the Department under section 5119.20	122874
(5119.33) of the Revised Code and community mental health services	122875
providers may exchange psychiatric records and other pertinent	122876
information with payers and other providers of treatment and	122877
health services if the purpose of the exchange is to facilitate	122878
continuity of care for the person or for the emergency treatment	122879
of the person.	122880

(8) The Department of Mental Health and Addiction Services	122881
and community mental health services providers may exchange	122882
psychiatric records and other pertinent information with boards of	122883
alcohol, drug addiction, and mental health services for purposes	122884
of any board function set forth in Chapter 340. of the Revised	122885
Code. Boards of alcohol, drug addiction, and mental health	122886
services shall not access or use any personal information from the	122887
Department or providers except as required or permitted by this	122888
section, or Chapters 340. and 5122. of the Revised Code for	122889
purposes related to payment, care coordination, health care	122890
operations, program and service evaluation, reporting activities,	122891
research, system administration, oversight, or other authorized	122892
purposes.	122893

(9) A person's family member who is involved in the	122894
provision, planning, and monitoring of services to the person may	122895
receive medication information, a summary of the person's	122896
diagnosis and prognosis, and a list of the services and personnel	122897
available to assist the person and the person's family, if the	122898
person's treatment provider determines that the disclosure would	122899
be in the best interests of the person. No such disclosure shall	122900
be made unless the person is notified first and receives the	122901
information and does not object to the disclosure.	122902

(10) Community mental health services providers may exchange	122903
psychiatric records and certain other information with the board	122904
of alcohol, drug addiction, and mental health services and other	122905
providers in order to provide services to a person involuntarily	122906
committed to a board. Release of records under this division shall	122907
be limited to medication history, physical health status and	122908
history, financial status, summary of course of treatment, summary	122909
of treatment needs, and discharge summary, if any.	122910

(11) Information may be disclosed to the executor or the	122911
administrator of an estate of a deceased person when the	122912
information is necessary to administer the estate.	122913

(12) Information may be disclosed to staff members of the	122914
appropriate board or to staff members designated by the Director	122915
of Mental Health and Addiction Services for the purpose of	122916
evaluating the quality, effectiveness, and efficiency of services	122917
and determining if the services meet minimum standards.	122918
Information obtained during such evaluations shall not be retained	122919
with the name of any person.	122920

(13) Records pertaining to the person's diagnosis, course of	122921
treatment, treatment needs, and prognosis shall be disclosed and	122922
released to the appropriate prosecuting attorney if the person was	122923
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	122924
or 2945.402 of the Revised Code, or to the attorney designated by	122925
the board for proceedings pursuant to involuntary commitment under	122926
Chapter 5122. of the Revised Code.	122927

(14) The Department of Mental Health and Addiction Services	122928
may exchange psychiatric hospitalization records, other mental	122929
health treatment records, and other pertinent information with the	122930
Department of Rehabilitation and Correction and with the	122931
Department of Youth Services to ensure continuity of care for	122932
inmates and offenders who are receiving mental health services in	122933
an institution of the Department of Rehabilitation and Correction	122934
or the Department of Youth Services and may exchange psychiatric	122935
hospitalization records, other mental health treatment records,	122936
and other pertinent information with boards of alcohol, drug	122937
addiction, and mental health services and community mental health	122938
services providers to ensure continuity of care for inmates or	122939
offenders who are receiving mental health services in an	122940
institution and are scheduled for release within six months. The	122941
release of records under this division is limited to records	122942
regarding an inmate's or offender's medication history, physical	122943
health status and history, summary of course of treatment, summary	122944
of treatment needs, and a discharge summary, if any.	122945

(15) A community mental health services provider that ceases	122946
to operate may transfer to either a community mental health	122947
services provider that assumes its caseload or to the board of	122948
alcohol, drug addiction, and mental health services of the service	122949
district in which the person resided at the time services were	122950
most recently provided any treatment records that have not been	122951
transferred elsewhere at the person's request.	122952

(B) Before records are disclosed pursuant to divisions	122953
(A)(3), (6), or (10) of this section, the custodian of the records	122954
shall attempt to obtain the consent of the person in question for	122955
the disclosure.	122956

(C) No person shall reveal the content of a medical record of	122957
a person except as authorized by the law.	122958

(D) Portions of appropriation items 333321, Central	122959
Administration, 333416, Research Program Evaluation, 333605,	122960
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	122961
Administration, 333608, Federal Miscellaneous - Administration,	122962
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	122963
333612, Social Services Block Grant - Administration, 333613,	122964
Federal Grants - Administration, 333614, Mental Health Block Grant	122965
- Administration, 333618, Substance Abuse Block Grant -	122966
Administration, 333621, Family and Children First Administration,	122967
333623, Statewide Treatment and Prevention - Administration,	122968
333629, Problem Gambling and Casino Addictions - Administration,	122969
333632, Mental Health Operating - Refunds, 333608, Federal	122970
Miscellaneous - Administration, 333640, Education and Conferences,	122971
333641, Problem Gambling Services - Administration, 333639,	122972
Administrative Reimbursement, 334605, Medicaid/Medicare -	122973
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	122974
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	122975
334620, Special Education, 334632, Mental Health Operating -	122976
Hospitals, 335405, Family and Children First, 335406, Prevention	122977
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	122978
Justice Services, 335604, Community Mental Health Projects,	122979
335506, Residential State Supplement, 335608, Federal	122980
Miscellaneous, 335606, Demonstration Grants, 335612, Social	122981
Services Block Grant, 335613, Federal Grant - Community Mental	122982
Health Subsidy, 335614, Mental Health Block Grant, 335615,	122983
Behavioral Health Care, 335618, Substance Abuse Block Grant,	122984
335623, Statewide Treatment and Prevention, 335629, Problem	122985
Gambling and Casino Addictions, 335638, Race to the Top - Early	122986
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	122987
Treatment, 336601, Office of Support Services, 652609, Medicaid	122988
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	122989
652636, Community Medicaid Legacy Support, may be used to pay for	122990
the Department and community mental health system functions that	122991
operate under the confidentiality provisions enumerated above.	122992

Section 327.20.30. Effective July 1, 2013, the Director of	122993
Mental Health and Addiction Services may adopt rules pursuant to	122994
Chapter 119. of the Revised Code governing licensure and operation	122995
of residential facilities, that include procedures for conducting	122996
criminal records checks for operators, employees, and volunteers	122997
who have direct access to facility residents.	122998

Portions of appropriation items 334506, Court Costs, 335406,	122999
Prevention and Wellness, 335421, Continuum of Care Services,	123000
335614, Mental Health Block Grant, 335506, Residential State	123001
Supplement, 335615, Behavioral Health Care, 335618, Substance	123002
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	123003
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	123004
these regulated activities.	123005

Section 327.20.40. Effective July 1, 2013, to the extent	123006
funds are available and on application of boards of alcohol, drug	123007
addiction, and mental health services, the Director of Mental	123008
Health and Addiction Services may approve state reimbursement of,	123009
or state grants for, community construction programs, including	123010
residential housing for severely mentally disabled persons and	123011
persons with substance use disorders. The Director may also	123012
approve an application for reimbursement or a grant for such	123013
programs submitted by other governmental entities or by private,	123014
nonprofit organizations after the board of alcohol, drug	123015
addiction, and mental health services has reviewed and approved	123016
the application and the application is consistent with the plan,	123017
budget, and statement of services submitted to and approved by the	123018
Department. The Director shall adopt rules in accordance with	123019
Chapter 119. of the Revised Code that specify procedures for	123020
applying for state reimbursement and for state grants for	123021
community construction programs, including residential housing for	123022
severely mentally disabled persons and persons with substance use	123023
disorders.	123024

Portions of appropriation item 335616, Community Capital	123025
Replacement, may be used to pay for the Department functions	123026
enumerated above.	123027

Section 327.20.50. Effective July 1, 2013, the Department of	123028
Mental Health and Addiction Services shall collect information	123029
about services delivered and persons served as required for	123030
reporting and evaluation relating to state and federal funds	123031
expended for such purposes. No alcohol, drug addiction, or mental	123032
health program, agency, or services provider shall fail to supply	123033
statistics or other information within its knowledge and with	123034
respect to its programs or services upon the request of the	123035
department.	123036

Portions of appropriation items 333321, Central	123037
Administration, 333609 Central Office Operating, 333606,	123038
Demonstration Grants - Administration, 333612, Social Services	123039
Block Grant - Administration, 333613, Federal Grants -	123040
Administration, 333614, Mental Health Block Grant -	123041
Administration, 333618, Substance Abuse Block Grant -	123042
Administration, 333623, Statewide Treatment and Prevention -	123043
Administration, 333629, Problem Gambling and Casino Addictions -	123044
Administration, 333608, Federal Miscellaneous - Administration,	123045
333641, Problem Gambling Services - Administration, 335406,	123046
Prevention and Wellness, 335421, Continuum of Care Services,	123047
335422, Criminal Justice Services, 335604, Community Mental Health	123048
Projects, 335606, Demonstration Grants, 335612, Social Services	123049
Block Grant, 335613, Federal Grant - Community Mental Health	123050
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	123051
Health Care, 335618, Substance Abuse Block Grant, 335623,	123052
Statewide Treatment and Prevention, 335629, Problem Gambling and	123053
Casino Addictions, 335638, Race to the Top - Early Learning	123054
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	123055
652609, Medicaid Legacy Costs Support, and 652636, Community	123056
Medicaid Legacy Support, may be used to pay for the Department	123057
information collection and reporting functions enumerated above.	123058

Section 327.20.60. The Department of Mental Health and	123059
Addiction Services shall administer specified Medicaid services as	123060
delegated by the State's single agency responsible for the	123061
Medicaid program. Effective July 1, 2013, the Department shall use	123062
appropriation item 652507, Medicaid Support, to fund the	123063
Medicaid-related services and supports performed by the	123064
Department.	123065

Section 327.30. RESIDENT TRAINEES

123066

The foregoing appropriation item 333402, Resident Trainees,	123067
shall be used to fund training agreements entered into by the	123068
Director of Mental Health and Addiction Services for the	123069
development of curricula and the provision of training programs to	123070
support public mental health services.	123071

Section 327.40. LEASE-RENTAL PAYMENTS

123072

The foregoing appropriation item 333415, Lease-Rental	123073
Payments, shall be used to meet all payments at the times they are	123074
required to be made during the period from July 1, 2013, through	123075
June 30, 2015, by the Department of Mental Health and Addiction	123076
Services under leases and agreements made under section 154.20 of	123077
the Revised Code. These appropriations are the source of funds	123078
pledged for bond service charges on obligations issued pursuant to	123079
Chapter 154. of the Revised Code.	123080

Section 327.50. HOSPITAL SERVICES

123081

The foregoing appropriation item 334412, Hospital Services,	123082
shall be used for the operation of the State Regional Psychiatric	123083
Hospitals, including, but not limited to, all aspects involving	123084
civil and forensic commitment, treatment, and discharge as	123085
determined by the Director of Mental Health and Addiction	123086
Services. A portion of this appropriation may be used by the	123087
Department of Mental Health and Addiction Services to create,	123088
purchase, or contract for the custody, supervision, control, and	123089
treatment of persons committed to the Department of Mental Health	123090
and Addiction Services in other clinically appropriate	123091
environments, consistent with public safety.	123092

Section 327.60. CONTINUUM OF CARE SERVICES

123093

The foregoing appropriation item 335421, Continuum of Care	123094
Services, shall be used as follows:	123095

(A) A portion of this appropriation may be allocated to	123096
community alcohol, drug addiction, and mental health services	123097
boards in accordance with a distribution methodology determined by	123098
the Director of Mental Health and Addiction Services:	123099

(1) For the boards to purchase mental health and addiction	123100
services permitted under Chapter 340. of the Revised Code;	123101

(2) To provide subsidized support for psychotropic medication	123102
needs of indigent citizens in the community to reduce unnecessary	123103
hospitalization due to lack of medication; and	123104

(3) To provide subsidized support for medication assisted	123105
treatment costs.	123106

(B) A portion of this appropriation may be distributed to	123107
community alcohol, drug addiction, and mental health services	123108
boards, community addiction and/or mental health services	123109
providers, courts, or other governmental entities to provide	123110
specific grants in support of mental health and addiction services	123111
initiatives.	123112

Section 327.70. CRIMINAL JUSTICE SERVICES

123113

The foregoing appropriation item 335422, Criminal Justice	123114
Services, shall be used to provide forensic psychiatric	123115
evaluations to courts of common pleas and to conduct evaluations	123116
of patients of forensic status in facilities operated or	123117
designated by the Department of Mental Health and Addiction	123118
Services prior to conditional release to the community. A portion	123119
of this appropriation may be allocated through community alcohol,	123120
drug addiction, and mental health services boards to community	123121
addiction and/or mental health services providers in accordance	123122
with a distribution methodology as determined by the Director of	123123
Mental Health and Addiction Services.	123124

Appropriation item 335422, Criminal Justice Services, may	123125
also be used to:	123126

(A) Provide forensic monitoring and tracking of individuals	123127
on conditional release;	123128

(B) Provide forensic training;

123129

(C) Support projects that assist courts and law enforcement	123130
to identify and develop appropriate alternative services to	123131
incarceration for nonviolent mentally ill offenders;	123132

(D) Provide specialized re-entry services to offenders	123133
leaving prisons and jails;	123134

(E) Provide specific grants in support of addiction services	123135
alternatives to incarceration;	123136

(F) Support specialty dockets; and

123137

(G) Support therapeutic communities.

123138

Section 327.80. COMMUNITY INNOVATIONS

123139

The foregoing appropriation item 335504, Community	123140
Innovations, may be used by the Department of Mental Health and	123141
Addiction Services to make targeted investments in programs,	123142
projects, or systems operated by or under the authority of other	123143
state agencies, governmental entities, or private not-for-profit	123144
agencies that impact, or are impacted by, the operations and	123145
functions of the Department, with the goal of achieving a net	123146
reduction in expenditure of state general revenue funds and/or	123147
improved outcomes for Ohio citizens without a net increase in	123148
state general revenue fund spending.	123149

The Director shall identify and evaluate programs, projects,	123150
or systems proposed or operated, in whole or in part, outside of	123151
the authority of the Department, where targeted investment of	123152
these funds in the program, project, or system is expected to	123153
decrease demand for the Department or other resources funded with	123154
state general revenue funds, and/or to measurably improve outcomes	123155
for Ohio citizens with mental illness or with alcohol, drug, or	123156
gambling addictions. The Director shall have discretion to	123157
transfer money from the appropriation item to other state	123158
agencies, governmental entities, or private not-for-profit	123159
agencies in amounts, and subject to conditions, that the Director	123160
determines most likely to achieve state savings and/or improved	123161
outcomes. Distribution of moneys from this appropriation item	123162
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	123163
the Revised Code.	123164

The Department shall enter into an agreement with each	123165
recipient of community innovation funds, identifying: allowable	123166
expenditure of the funds; other commitment of funds or other	123167
resources to the program, project, or system; expected state	123168
savings and/or improved outcomes and proposed mechanisms for	123169
measurement of such savings or outcomes; and required reporting	123170
regarding expenditure of funds and savings or outcomes achieved.	123171

The foregoing appropriation item 335504, Community	123172
Innovations, may also be used by the Department to make payments	123173
to the Rehabilitation Services Commission for vocational	123174
rehabilitation services to individuals receiving mental health or	123175
addiction services paid for with public dollars.	123176

Section 327.83. COMMUNITY BEHAVIORAL HEALTH

123177

Of the foregoing appropriation item 335507, Community	123178
Behavioral Health, $30,000,000 in each fiscal year shall be	123179
allocated to community alcohol, drug addiction, and mental health	123180
services boards to provide mental health services. The Department	123181
of Mental Health and Addiction Services shall allocate these funds	123182
to the boards using the same methodology used to allocate other	123183
mental health services subsidies.	123184

Of the foregoing appropriation item 335507, Community	123185
Behavioral Health, $20,000,000 in each fiscal year shall be	123186
allocated to community alcohol, drug addiction, and mental health	123187
services boards to be used for addiction services including	123188
medication, treatment programs, and counseling. The Department	123189
shall allocate these funds to the boards using the same	123190
methodology used to allocate other addiction services subsidies.	123191

Section 327.90. COMMUNITY OPERATING/PLANNING

123192

Appropriation item 335609, Community Operating/Planning, may	123193
be used by the Department of Mental Health and Addiction Services	123194
to make payments to the Rehabilitation Services Commission for	123195
vocational rehabilitation services to individuals receiving mental	123196
health or addiction services paid for with public dollars.	123197

In addition, appropriation item 335609, Community	123198
Operating/Planning, may be used by the Department to make	123199
incentive payments to operators of residential facilities that are	123200
licensed by the Department of Mental Health and Addiction Services	123201
and provide accommodations and personal care services for one or	123202
two unrelated adults or accommodations, supervision, and personal	123203
care services for three to sixteen unrelated adults. The incentive	123204
payments shall be granted based upon operators demonstrating	123205
linkage between their facilities' residents and community	123206
resources, based on the residents' needs including, but not	123207
limited to, aged, mental health, and physical health issues. The	123208
financial incentive shall be used to support community living for	123209
individuals with a disability or who are aged, and to assist with	123210
costs arising from facility operations.	123211

Appropriation item 335609, Community Operating/Planning, may	123212
also be used by the Department to support non-Medicaid program	123213
costs for individuals moving into community settings.	123214

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

123215

(A) As used in this section:

123216

(1) "Residential facility" means a facility licensed by the	123217
Department of Mental Health and Addiction Services under section	123218
5119.34 of the Revised Code.	123219

(2) "Residential care facility" means a facility licensed by	123220
the Director of Health under Chapter 3721. of the Revised Code or	123221
by a political subdivision certified under section 3721.09 of the	123222
Revised Code.	123223

(B) The foregoing appropriation item 335506, Residential	123224
State Supplement, may be used by the Department of Mental Health	123225
and Addiction Services to provide training for residential	123226
facilities providing accommodations, supervision, and personal	123227
care services to three to sixteen unrelated adults with mental	123228
illness, to transfer cash to the Nursing Home Franchise Permit Fee	123229
Fund (Fund 5R20) used by the Department of Job and Family	123230
Services, and to make benefit payments to residential state	123231
supplement recipients.	123232

(C) Under the Residential State Supplement Program, the	123233
amount used to determine whether a resident is eligible for	123234
payment, and for determining the amount per month the eligible	123235
resident will receive, shall be as follows:	123236

(1) $927 for a residential care facility;

123237

(2) $927 for a residential facility that provides	123238
accommodations, supervision, and personal care services for six to	123239
sixteen unrelated adults as described in section 5119.34 of the	123240
Revised Code;	123241

(3) $824 for a residential facility that provides	123242
accommodations, supervision, and personal care services for one or	123243
two unrelated adults as described in division (A)(9)(b)(ii) of	123244
section 5119.34 of the Revised Code;	123245

(4) $824 for a residential facility providing accommodations,	123246
supervision, and personal care services to three to five unrelated	123247
adults, as described in section 5119.34 of the Revised Code;	123248

(5) $824 for a residential facility that provides	123249
accommodations, supervision, and personal care services for one or	123250
two unrelated persons with mental illness or persons with severe	123251
mental disabilities who are referred by or are receiving mental	123252
health services from a community mental health services provider	123253
or a hospital, as described in division (A)(9)(b)(i) of section	123254
5119.34 of the Revised Code;	123255

(6) $618 for community mental health housing services, as	123256
described in division (D)(1)(c) of section 5119.41 of the Revised	123257
Code.	123258

The Department of Mental Health and Addiction Services shall	123259
reflect these amounts in any applicable rules the Department	123260
adopts under section 5119.41 of the Revised Code.	123261

(D) The Department of Mental Health and Addiction Services	123262
shall, with the input of stakeholders and impacted state agencies,	123263
conduct a review of the state and federal rules and statutes	123264
governing the Residential State Supplement Program and report on	123265
potential improvements to be made in governing the program not	123266
later than January 1, 2014.	123267

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	123268
POOL	123269

A county family and children first council may establish and	123270
operate a flexible funding pool in order to assure access to	123271
needed services by families, children, and older adults in need of	123272
protective services. The operation of the flexible funding pools	123273
shall be subject to the following restrictions:	123274

(A) The county council shall establish and operate the	123275
flexible funding pool in accordance with formal guidance issued by	123276
the Family and Children First Cabinet Council;	123277

(B) The county council shall produce an annual report on its	123278
use of the pooled funds. The annual report shall conform to a	123279
format prescribed in the formal guidance issued by the Family and	123280
Children First Cabinet Council;	123281

(C) Unless otherwise restricted, funds transferred to the	123282
flexible funding pool may include state general revenues allocated	123283
to local entities to support the provision of services to families	123284
and children;	123285

(D) The amounts transferred to the flexible funding pool	123286
shall be limited to amounts that can be redirected without	123287
impairing the achievement of the objectives for which the initial	123288
allocation is designated; and	123289

(E) Each amount transferred to the flexible funding pool from	123290
a specific allocation shall be approved for transfer by the	123291
director of the local agency that was the original recipient of	123292
the allocation.	123293

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

123294

General Revenue Fund	123295

GRF	149321	Operating Expenses	$	581,490	$	591,615	123296
GRF	149501	Minority Health Grants	$	889,100	$	878,975	123297
GRF	149502	Lupus Program	$	110,047	$	110,047	123298
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	123299

Federal Special Revenue Fund Group	123300

3J90	149602	Federal Grants	$	140,000	$	140,000	123301
TOTAL FED Federal Special Revenue							123302
Fund Group			$	140,000	$	140,000	123303

State Special Revenue Fund Group	123304

4C20	149601	Minority Health Conference	$	25,000	$	25,000	123305
TOTAL SSR State Special Revenue							123306
Fund Group			$	25,000	$	25,000	123307
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	123308

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

123310

General Services Fund Group	123311

4K90	865601	Operating Expenses	$	487,592	$	484,292	123312
TOTAL GSF General Services							123313
Fund Group			$	487,592	$	484,292	123314
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	123315

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

123317

General Revenue Fund	123318

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	123319
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	123320
GRF	725456	Canal Lands	$	135,000	$	135,000	123321
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	123322
GRF	725505	Healthy Lake Erie Fund	$	350,000	$	200,000	123323
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	123324
GRF	725508	Oil and Gas Program	$	7,200,000	$	7,350,000	123325
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	123326
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	123327
GRF	728321	Division of Geological Survey	$	800,000	$	800,000	123328
GRF	729321	Office of Information Technology	$	177,405	$	177,405	123329
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	123330
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	123331
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	123332
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	123333
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	123334
TOTAL GRF General Revenue Fund			$	105,180,489	$	108,618,536	123335

General Services Fund Group	123336

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	123337
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	123338
2040	725687	Information Services	$	5,179,097	$	5,288,168	123339
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	123340
2070	725690	Real Estate Services	$	50,000	$	50,000	123341
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	123342
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	123343
4300	725671	Canal Lands	$	883,879	$	883,879	123344
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	123345
4X80	725662	Water Resources Council	$	138,005	$	138,005	123346
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	123347
5160	725620	Water Management	$	2,559,292	$	2,559,292	123348
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	123349
6970	725670	Submerged Lands	$	852,982	$	869,145	123350
TOTAL GSF General Services							123351
Fund Group			$	25,457,857	$	25,451,293	123352

Federal Special Revenue Fund Group	123353

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	123354
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	123355
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	123356
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	123357
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	123358
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	123359
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	123360
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	123361
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	123362
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	123363
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	123364
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	123365
TOTAL FED Federal Special Revenue							123366
Fund Group			$	28,386,819	$	28,048,201	123367

State Special Revenue Fund Group	123368

4J20	725628	Injection Well Review	$	128,466	$	128,466	123369
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	123370
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	123371
5090	725602	State Forest	$	6,873,330	$	6,880,158	123372
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	123373
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	123374
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	123375
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	123376
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	123377
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	123378
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	123379
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	123380
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	123381
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	123382
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	123383
5B30	725674	Mining Regulation	$	28,135	$	28,135	123384
5BV0	725683	Soil and Water Districts	$	8,250,000	$	8,250,000	123385
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	123386
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	123387
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	123388
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	123389
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	123390
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	123391
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	123392
5MW0	725604	Natural Resources Special Purposes	$	6,000,000	$	6,000,000	123393
6150	725661	Dam Safety	$	943,517	$	943,517	123394
TOTAL SSR State Special Revenue							123395
Fund Group			$	75,965,753	$	77,089,464	123396

Clean Ohio Conservation Fund Group	123397

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		123398
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		123399

Wildlife Fund Group	123400

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	123401
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	123402
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	123403
8160	725649	Wetlands Habitat	$	966,885	$	966,885	123404
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	123405
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	123406
8190	725685	Ohio River Management	$	203,584	$	203,584	123407
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	123408
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	123409

Waterways Safety Fund Group	123410

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	123411
7086	725418	Buoy Placement	$	52,182	$	52,182	123412
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	123413
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	123414
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	123415
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	123416
TOTAL WSF Waterways Safety Fund							123417
Group			$	26,276,019	$	26,106,019	123418

Accrued Leave Liability Fund Group	123419

4M80	725675	FOP Contract	$	20,219	$	20,219	123420
TOTAL ALF Accrued Leave							123421
Liability Fund Group			$	20,219	$	20,219	123422

Holding Account Redistribution Fund Group	123423

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	123424
R043	725624	Forestry	$	2,100,000	$	2,100,000	123425
TOTAL 090 Holding Account							123426
Redistribution Fund Group			$	2,596,263	$	2,596,263	123427
TOTAL ALL BUDGET FUND GROUPS			$	329,641,676	$	334,297,664	123428

Section 333.20. CENTRAL SUPPORT INDIRECT

123430

With the exception of the Division of Wildlife, whose direct	123431
and indirect central support charges shall be paid out of the	123432
General Revenue Fund from the foregoing appropriation item 725401,	123433
Wildlife-GRF Central Support, the Department of Natural Resources,	123434
with approval of the Director of Budget and Management, shall	123435
utilize a methodology for determining each division's payments	123436
into the Central Support Indirect Fund (Fund 1570). The	123437
methodology used shall contain the characteristics of	123438
administrative ease and uniform application in compliance with	123439
federal grant requirements. It may include direct cost charges for	123440
specific services provided. Payments to Fund 1570 shall be made	123441
using an intrastate transfer voucher.	123442

Section 333.30. LEASE RENTAL PAYMENTS

123443

The foregoing appropriation item 725413, Lease Rental	123444
Payments, shall be used to meet all payments at the times they are	123445
required to be made during the period from July 1, 2013, through	123446
June 30, 2015, by the Department of Natural Resources pursuant to	123447
leases and agreements made under section 154.22 of the Revised	123448
Code. These appropriations are the source of funds pledged for	123449
bond service charges on related obligations issued under Chapter	123450
154. of the Revised Code.	123451

CANAL LANDS

123452

The foregoing appropriation item 725456, Canal Lands, shall	123453
be used to provide operating expenses for the State Canal Lands	123454
Program.	123455

HEALTHY LAKE ERIE FUND

123456

Of the foregoing appropriation item 725505, Healthy Lake Erie	123457
Fund, up to $350,000 in fiscal year 2014 and up to $200,000 in	123458
fiscal year 2015 shall be used by the Director of Natural	123459
Resources, in consultation with the Director of Agriculture and	123460
the Director of Environmental Protection, to implement	123461
nonstatutory recommendations of the Agriculture Nutrients and	123462
Water Quality Working Group. The Director shall give priority to	123463
recommendations that encourage farmers to adopt agricultural	123464
production guidelines commonly known as 4R nutrient stewardship	123465
practices. Funds may also be used for enhanced soil testing in the	123466
Western Lake Erie Basin, monitoring the quality of Lake Erie and	123467
its tributaries, and conducting research and establishing pilot	123468
projects that have the goal of reducing algae blooms in Lake Erie.	123469

COAL AND MINE SAFETY PROGRAM

123470

The foregoing appropriation item 725507, Coal and Mine Safety	123471
Program, shall be used for the administration of the Mine Safety	123472
Program and the Coal Regulation Program.	123473

OIL AND GAS PROGRAM

123474

The foregoing appropriation item 725508, Oil and Gas Program,	123475
shall be used for the Oil and Gas Program.	123476

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

123477

The foregoing appropriation item 725903, Natural Resources	123478
General Obligation Debt Service, shall be used to pay all debt	123479
service and related financing costs during the period July 1,	123480
2013, through June 30, 2015, on obligations issued under sections	123481
151.01 and 151.05 of the Revised Code.	123482

Section 333.40. WELL LOG FILING FEES

123483

The Chief of the Division of Soil and Water Resources shall	123484
deposit fees forwarded to the Division pursuant to section 1521.05	123485
of the Revised Code into the Departmental Services – Intrastate	123486
Fund (Fund 1550) for the purposes described in that section.	123487

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

123488

The foregoing appropriation item 725696, Human Resources	123489
Direct Service, shall be used to cover the cost of support,	123490
coordination, and oversight of the Department of Natural	123491
Resources' human resources functions. The Human Resources	123492
Chargeback Fund (Fund 2050) shall consist of cash transferred to	123493
it via intrastate transfer voucher from other funds as determined	123494
by the Director of Natural Resources and the Director of Budget	123495
and Management.	123496

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

123497

The foregoing appropriation item 725665, Law Enforcement	123498
Administration, shall be used to cover the cost of support,	123499
coordination, and oversight of the Department of Natural	123500
Resources' law enforcement functions. The Law Enforcement	123501
Administration Fund (Fund 2230) shall consist of cash transferred	123502
to it via intrastate transfer voucher from other funds as	123503
determined by the Director of Natural Resources and the Director	123504
of Budget and Management.	123505

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	123506
EXPO CENTER	123507

The foregoing appropriation item 725664, Fountain Square	123508
Facilities Management, shall be used for payment of repairs,	123509
renovation, utilities, property management, and building	123510
maintenance expenses for the Fountain Square complex and the	123511
Department of Natural Resources grounds at the Ohio Expo Center.	123512
Cash transferred by intrastate transfer vouchers from various	123513
department funds and rental income received by the Department of	123514
Natural Resources shall be deposited into the Fountain Square	123515
Facilities Management Fund (Fund 6350).	123516

Section 333.80. SOIL AND WATER DISTRICTS

123517

In addition to state payments to soil and water conservation	123518
districts authorized by section 1515.10 of the Revised Code, the	123519
Department of Natural Resources may use appropriation item 725683,	123520
Soil and Water Districts, to pay any soil and water conservation	123521
district an annual amount not to exceed $40,000, upon receipt of a	123522
request and justification from the district and approval by the	123523
Ohio Soil and Water Conservation Commission. The county auditor	123524
shall credit the payments to the special fund established under	123525
section 1515.10 of the Revised Code for the local soil and water	123526
conservation district. Moneys received by each district shall be	123527
expended for the purposes of the district.	123528

OIL AND GAS WELL PLUGGING

123529

The foregoing appropriation item 725677, Oil and Gas Well	123530
Plugging, shall be used exclusively for the purposes of plugging	123531
wells and to properly restore the land surface of idle and orphan	123532
oil and gas wells pursuant to section 1509.071 of the Revised	123533
Code. No funds from the appropriation item shall be used for	123534
salaries, maintenance, equipment, or other administrative	123535
purposes, except for those costs directly attributed to the	123536
plugging of an idle or orphan well. This appropriation item shall	123537
not be used to transfer cash to any other fund or appropriation	123538
item.	123539

Section 333.90. CLEAN OHIO OPERATING EXPENSES

123540

The foregoing appropriation item 725405, Clean Ohio	123541
Operating, shall be used by the Department of Natural Resources in	123542
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	123543
to section 1519.05 of the Revised Code.	123544

Section 333.100. WATERCRAFT MARINE PATROL

123545

Of the foregoing appropriation item 739401, Division of	123546
Watercraft, up to $200,000 in each fiscal year shall be expended	123547
for the purchase of equipment for marine patrols qualifying for	123548
funding from the Department of Natural Resources pursuant to	123549
section 1547.67 of the Revised Code. Proposals for equipment shall	123550
accompany the submission of documentation for receipt of a marine	123551
patrol subsidy pursuant to section 1547.67 of the Revised Code and	123552
shall be loaned to eligible marine patrols pursuant to a	123553
cooperative agreement between the Department of Natural Resources	123554
and the eligible marine patrol.	123555

Section 333.110. PARKS CAPITAL EXPENSES FUND

123556

The Director of Natural Resources shall submit to the	123557
Director of Budget and Management the estimated design,	123558
engineering, and planning costs of capital-related work to be done	123559
by Department of Natural Resources staff for parks projects within	123560
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	123561
Director of Budget and Management approves the estimated costs,	123562
the Director may release appropriations from appropriation item	123563
C725E6, Project Planning, Fund 7035, for those purposes. Upon	123564
release of the appropriations, the Department of Natural Resources	123565
shall pay for these expenses from the Parks Capital Expenses Fund	123566
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	123567
Fund 7035 using an intrastate transfer voucher.	123568

NATUREWORKS CAPITAL EXPENSES FUND

123569

The Department of Natural Resources shall periodically	123570
prepare and submit to the Director of Budget and Management the	123571
estimated design, planning, and engineering costs of	123572
capital-related work to be done by Department of Natural Resources	123573
staff for each capital improvement project within the Ohio Parks	123574
and Natural Resources Fund (Fund 7031). If the Director of Budget	123575
and Management approves the estimated costs, the Director may	123576
release appropriations from appropriation item C725E5, Project	123577
Planning, in Fund 7031, for those purposes. Upon release of the	123578
appropriations, the Department of Natural Resources shall pay for	123579
these expenses from the Capital Expenses Fund (Fund 4S90).	123580
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	123581
using an intrastate transfer voucher.	123582

Section 333.120. ELIMINATION OF DORMANT FUNDS

123583

The following funds are hereby abolished and the fund names	123584
and fund numbers shall be stricken from the list of funds falling	123585
within the jurisdiction of the Department of Natural Resources:	123586

Fund Number	Fund Name	123587
1580	Reprint and Replacement - Intrastate	123588
1610	Parks and Recreation Depreciation Reserve	123589
1620	Civilian Conservation Corps Earned Revenues	123590
2060	General Services	123591
5080	Natural Resources Publications and Promotions	123592
5190	Burr Oak Water Plant	123593
5250	Reclamation Forfeiture	123594
5300	Surface Mining Reclamation	123595
8800	Cooperative Boat Harbor Project	123596
4B80	Forestry Development	123597
5F90	Flood Reimbursement	123598
81A0	Wildlife Education	123599
R029	Reclamation Fee	123600
R030	Surface Mining Reclamation Fee	123601
R040	Wildlife Refunds	123602
3280	Federal Special Revenue	123603
3P00	Natural Areas and Preserves - Federal	123604
5K10	Urban Forestry Grant	123605
5150	Conservancy District Organization	123606
6300	Wild Animal	123607
3CH0	Mined Land Set Aside	123608

TRANSFER OF ELIMINATED DORMANT FUNDS

123609

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	123610
abolished. Any balance remaining in the fund as of July 1, 2013,	123611
shall be transferred into the Waterways Safety Fund (Fund 7086)	123612
and appropriated to appropriation item 739401, Division of	123613
Watercraft.	123614

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	123615
the Division of Natural Areas and Preserves Law Enforcement Fund	123616
(Fund 5EK0) are hereby abolished. Any balance remaining in these	123617
funds as of July 1, 2013, shall be transferred into the Park Law	123618
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	123619
item 725613, Park Law Enforcement.	123620

Section 335.10. NUR STATE BOARD OF NURSING

123621

General Services Fund Group	123622

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	123623
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	123624
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	123625
TOTAL GSF General Services							123626
Fund Group			$	8,557,249	$	8,649,484	123627
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	123628

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	123630
AND ATHLETIC TRAINERS BOARD	123631

General Services Fund Group	123632

4K90	890609	Operating Expenses	$	866,169	$	925,897	123633
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	123634
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	123635

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

123637

General Revenue Fund	123638

GRF	355501	Library Subsidy	$	135,000	$	140,000	123639
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	123640
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	123641

Section 340.10. RSC REHABILITATION SERVICES COMMISSION

123643

General Revenue Fund	123644

GRF	415402	Independent Living Council	$	252,000	$	252,000	123645
GRF	415406	Assistive Technology	$	26,618	$	26,618	123646
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	123647
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	123648
GRF	415508	Services for the Deaf	$	28,000	$	28,000	123649
GRF	415510	Telephone and Radio Reading Services	$	245,000	$	245,000	123650
TOTAL GRF General Revenue Fund			$	15,956,070	$	15,956,070	123651

General Services Fund Group	123652

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	123653
TOTAL GSF General Services							123654
Fund Group			$	962,538	$	965,481	123655

Federal Special Revenue Fund Group	123656

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	123657
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	123658
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	123659
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	123660
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	123661
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	123662
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	123663
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	123664
TOTAL FED Federal Special							123665
Revenue Fund Group			$	207,833,606	$	205,179,120	123666

State Special Revenue Fund Group	123667

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	123668
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	123669
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	123670
TOTAL SSR State Special							123671
Revenue Fund Group			$	26,871,919	$	27,096,926	123672
TOTAL ALL BUDGET FUND GROUPS			$	251,624,133	$	249,197,597	123673

INDEPENDENT LIVING COUNCIL

123674

The foregoing appropriation item 415402, Independent Living	123675
Council, shall be used to fund the operations of the State	123676
Independent Living Council and to support state independent living	123677
centers and independent living services under Title VII of the	123678
Independent Living Services and Centers for Independent Living of	123679
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	123680
U.S.C. 796d.	123681

Of the foregoing appropriation item 415402, Independent	123682
Living Council, $67,662 in each fiscal year shall be used as state	123683
matching funds for vocational rehabilitation innovation and	123684
expansion activities.	123685

ASSISTIVE TECHNOLOGY

123686

The total amount of the foregoing appropriation item 415406,	123687
Assistive Technology, shall be provided to Assistive Technology of	123688
Ohio to provide grants and assistive technology services for	123689
people with disabilities in the State of Ohio.	123690

OFFICE FOR PEOPLE WITH BRAIN INJURY

123691

The foregoing appropriation item 415431, Office for People	123692
with Brain Injury, shall be used to plan and coordinate	123693
head-injury-related services provided by state agencies and other	123694
government or private entities, to assess the needs for such	123695
services, and to set priorities in this area.	123696

Of the foregoing appropriation item 415431, Office for People	123697
with Brain Injury, $44,067 in each fiscal year shall be used as	123698
state matching funds to provide vocational rehabilitation services	123699
to eligible consumers.	123700

VOCATIONAL REHABILITATION SERVICES

123701

The foregoing appropriation item 415506, Services for People	123702
with Disabilities, shall be used as state matching funds to	123703
provide vocational rehabilitation services to eligible consumers.	123704

SERVICES FOR THE DEAF

123705

The foregoing appropriation item 415508, Services for the	123706
Deaf, shall be used to provide grants to community centers for the	123707
deaf.	123708

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

123709

The foregoing appropriation item 415617, Independent	123710
Living/Vocational Rehabilitation Programs, shall be used to	123711
support vocational rehabilitation programs.	123712

SOCIAL SECURITY REIMBURSEMENT FUNDS

123713

Reimbursement funds received from the Social Security	123714
Administration, United States Department of Health and Human	123715
Services, for the costs of providing services and training to	123716
return disability recipients to gainful employment shall be	123717
expended from the Social Security Reimbursement Fund (Fund 3L10),	123718
to the extent funds are available, as follows:	123719

(A) Appropriation item 415601, Social Security Personal Care	123720
Assistance, to provide personal care services in accordance with	123721
section 3304.41 of the Revised Code;	123722

(B) Appropriation item 415605, Social Security Community	123723
Centers for the Deaf, to provide grants to community centers for	123724
the deaf in Ohio for services to individuals with hearing	123725
impairments; and	123726

(C) Appropriation item 415608, Social Security Special	123727
Programs/Assistance, to provide vocational rehabilitation services	123728
to individuals with severe disabilities who are Social Security	123729
beneficiaries, to enable them to achieve competitive employment.	123730
This appropriation item shall also be used to pay a portion of	123731
indirect costs of the Personal Care Assistance Program and the	123732
Independent Living Programs as mandated by federal OMB Circular	123733
A-87.	123734

PROGRAM MANAGEMENT EXPENSES

123735

The foregoing appropriation item 415606, Program Management	123736
Expenses, shall be used to support the administrative functions of	123737
the commission related to the provision of vocational	123738
rehabilitation, disability determination services, and ancillary	123739
programs.	123740

ETECH OHIO COMMISSION APPROPRIATION LINE ITEM TRANSFER

123741

Effective July 1, 2013, the Director of Budget and Management	123742
shall cancel any existing encumbrances against appropriation item	123743
935410, Content Development, Acquisition, and Distribution, and	123744
re-establish them, as determined to be appropriate by the Director	123745
of Budget and Management, against appropriation item 415510,	123746
Telephone and Radio Reading Services. The re-established	123747
encumbrance amounts are hereby appropriated. Any business	123748
commenced but not completed under appropriation item 935410,	123749
Content Development, Acquisition, and Distribution, by July 1,	123750
2013, shall be completed, as determined to be appropriate by the	123751
Director of Budget and Management, under appropriation item	123752
415510, Telephone and Radio Reading Services, in the same manner	123753
and with the same effect as if it were completed with regard to	123754
appropriation item 935410, Content Development, Acquisition, and	123755
Distribution.	123756

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

123757

General Services Fund Group	123758

4K90	894609	Operating Expenses	$	366,000	$	365,000	123759
TOTAL GSF General Services							123760
Fund Group			$	366,000	$	365,000	123761
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	123762

Section 343.10. OPT STATE BOARD OF OPTOMETRY

123764

General Services Fund Group	123765

4K90	885609	Operating Expenses	$	347,278	$	347,278	123766
TOTAL GSF General Services							123767
Fund Group			$	347,278	$	347,278	123768
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	123769

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	123771
AND PEDORTHICS	123772

General Services Fund Group	123773

4K90	973609	Operating Expenses	$	135,677	$	140,846	123774
TOTAL GSF General Services							123775
Fund Group			$	135,677	$	140,846	123776
TOTAL ALL BUDGET FUND GROUPS			$	135,677	$	140,846	123777

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	123778
RELEASE COMPENSATION BOARD	123779

State Special Revenue Fund Group	123780

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	123781
TOTAL SSR State Special Revenue							123782
Fund Group			$	1,233,249	$	1,252,202	123783
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	123784

Section 349.10. PRX STATE BOARD OF PHARMACY

123786

General Services Fund Group	123787

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	123788
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	123789
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	123790

Federal Special Revenue Fund Group	123791

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	123792
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	123793
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	123794
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	123795
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	123796
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	123797

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

123799

General Services Fund Group	123800

4K90	882609	Operating Expenses	$	548,000	$	571,000	123801
TOTAL GSF General Services							123802
Fund Group			$	548,000	$	571,000	123803
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	123804

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

123806

General Revenue Fund	123807

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	123808
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	123809
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	123810
GRF	019405	Training Account	$	50,000	$	50,000	123811
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	123812
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	123813

General Services Fund Group	123814

4070	019604	County Representation	$	351,149	$	354,248	123815
4080	019605	Client Payments	$	725,144	$	722,931	123816
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	123817
TOTAL GSF General Services							123818
Fund Group			$	1,608,429	$	1,605,655	123819

Federal Special Revenue Fund Group	123820

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	123821
3S80	019608	Federal Representation	$	204,706	$	202,942	123822
TOTAL FED Federal Special Revenue							123823
Fund Group			$	308,656	$	306,892	123824

State Special Revenue Fund Group	123825

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	123826
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	123827
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	123828
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	123829
5DY0	019619	Indigent Defense Support Fund - State Office	$	5,186,329	$	5,612,719	123830
TOTAL SSR State Special Revenue							123831
Fund Group			$	68,464,005	$	69,794,850	123832
TOTAL ALL BUDGET FUND GROUPS			$	84,812,056	$	86,273,882	123833

INDIGENT DEFENSE OFFICE

123834

The foregoing appropriation items 019404, Trumbull County -	123835
State Share, and 019610, Trumbull County - County Share, shall be	123836
used to support an indigent defense office for Trumbull County.	123837

MULTI-COUNTY OFFICE

123838

The foregoing appropriation items 019403, Multi-County: State	123839
Share, and 019601, Multi-County: County Share, shall be used to	123840
support the Office of the Ohio Public Defender's Multi-County	123841
Branch Office Program.	123842

TRAINING ACCOUNT

123843

The foregoing appropriation item 019405, Training Account,	123844
shall be used by the Ohio Public Defender to provide legal	123845
training programs at no cost for private appointed counsel who	123846
represent at least one indigent defendant at no cost and for state	123847
and county public defenders and attorneys who contract with the	123848
Ohio Public Defender to provide indigent defense services.	123849

FEDERAL REPRESENTATION

123850

The foregoing appropriation item 019608, Federal	123851
Representation, shall be used to receive reimbursements from the	123852
federal courts when the Ohio Public Defender provides	123853
representation in federal court cases and to support	123854
representation in such cases.	123855

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

123856

General Revenue Fund	123857

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	123858
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	123859
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	123860

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

123862

General Services Fund Group	123863

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	123864
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	123865
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	123866
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	123867
TOTAL GSF General Services							123868
Fund Group			$	53,739,708	$	35,704,708	123869

Federal Special Revenue Fund Group	123870

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	123871
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	123872
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	123873
3ED0	870631	State Regulators Assistance	$	115,912	$	0	123874
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	123875
TOTAL FED Federal Special Revenue							123876
Fund Group			$	8,357,532	$	8,049,619	123877

State Special Revenue Fund Group	123878

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	123879
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	123880
5610	870606	Power Siting Board	$	581,618	$	581,618	123881
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	123882
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	123883
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	123884
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	123885
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	123886
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	123887
TOTAL SSR State Special Revenue							123888
Fund Group			$	9,549,062	$	9,500,201	123889
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	123890

Section 359.10. PWC PUBLIC WORKS COMMISSION

123892

General Revenue Fund	123893

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	123894
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	123895
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	123896

Clean Ohio Conservation Fund Group	123897

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		123898
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		123899

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

123900

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

123901

The foregoing appropriation item 150904, Conservation General	123902
Obligation Debt Service, shall be used to pay all debt service and	123903
related financing costs during the period from July 1, 2013,	123904
through June 30, 2015, at the times they are required to be made	123905
for obligations issued under sections 151.01 and 151.09 of the	123906
Revised Code.	123907

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

123908

The foregoing appropriation item 150907, State Capital	123909
Improvements General Obligation Debt Service, shall be used to pay	123910
all debt service and related financing costs during the period	123911
from July 1, 2013, through June 30, 2015, at the times they are	123912
required to be made for obligations issued under sections 151.01	123913
and 151.08 of the Revised Code.	123914

CLEAN OHIO OPERATING EXPENSES

123915

The foregoing appropriation item 150403, Clean Ohio Operating	123916
Expenses, shall be used by the Ohio Public Works Commission in	123917
administering Clean Ohio Conservation Fund (Fund 7056) projects	123918
pursuant to sections 164.20 to 164.27 of the Revised Code.	123919

Section 361.10. RAC STATE RACING COMMISSION

123920

State Special Revenue Fund Group	123921

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	123922
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	123923
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	123924
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	123925
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	123926
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	123927
TOTAL SSR State Special Revenue							123928
Fund Group			$	28,329,086	$	28,329,086	123929

Holding Account Redistribution Fund Group	123930

R021	875605	Bond Reimbursements	$	100,000	$	100,000	123931
TOTAL 090 Holding Account Redistribution							123932
Fund Group			$	100,000	$	100,000	123933
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	123934

Section 363.10. BOR BOARD OF REGENTS

123936

General Revenue Fund	123937

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	123938
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	123939
GRF	235402	Sea Grants	$	285,000	$	285,000	123940
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	123941
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	123942
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	123943
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	123944
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	123945
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	123946
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	123947
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	123948
GRF	235443	Adult Basic and Literacy Education - State	$	7,427,416	$	7,427,416	123949
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	123950
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	123951
GRF	235478	Statehouse News Bureau	$	215,561	$	215,561	123952
GRF	235479	Ohio Government Telecommunications Services	$	1,002,089	$	1,002,089	123953
GRF	235480	General Technology Operations	$	1,254,193	$	1,254,193	123954
GRF	235481	Technology Operations	$	2,091,823	$	2,091,823	123955
GRF	235482	Content Development, Acquisition, and Distribution	$	2,362,094	$	2,362,094	123956
GRF	235483	Technology Integration and Professional Development	$	2,378,598	$	2,378,598	123957
GRF	235484	Information Technology	$	577,006	$	577,006	123958
GRF	235501	State Share of Instruction	$	1,784,225,497	$	1,818,225,497	123959
GRF	235502	Student Support Services	$	632,974	$	632,974	123960
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	123961
GRF	235505	State Share of Instruction Bridge Funding	$	8,095,005	$	0	123962
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	123963
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	123964
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	123965
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	123966
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	123967
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	123968
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	123969
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	123970
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	123971
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	123972
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	123973
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,126,100	123974
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	123975
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	123976
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	123977
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	123978
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	123979
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	123980
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	123981
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	123982
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	123983
GRF	235558	Long-term Care Research	$	195,300	$	195,300	123984
GRF	235563	Ohio College Opportunity Grant	$	89,126,474	$	89,126,474	123985
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	123986
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	123987
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	123988
TOTAL GRF General Revenue Fund			$	2,334,498,528	$	2,379,546,268	123989

General Services Fund Group	123990

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	123991
4560	235603	Sales and Services	$	199,250	$	199,250	123992
4F30	235679	Affiliate Services	$	50,000	$	50,000	123993
4T20	235680	Government Television/Telecommunications Operating	$	25,000	$	25,000	123994
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	123995
TOTAL GSF General Services							123996
Fund Group			$	9,177,845	$	3,177,845	123997

Federal Special Revenue Fund Group	123998

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	123999
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	124000
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	124001
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	124002
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	124003
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	124004
TOTAL FED Federal Special Revenue							124005
Fund Group			$	21,535,671	$	21,535,671	124006

State Special Revenue Fund Group	124007

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	124008
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	124009
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	124010
5FK0	235676	Media Services	$	491,373	$	491,373	124011
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	124012
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	124013
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	124014
6820	235606	Nursing Loan Program	$	891,320	$	891,320	124015
TOTAL SSR State Special Revenue							124016
Fund Group			$	12,932,676	$	12,982,537	124017

Third Frontier Research & Development Fund Group	124018

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	124019
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	124020
TOTAL ALL BUDGET FUND GROUPS			$	2,386,144,720	$	2,431,242,321	124021

Section 363.20. LEASE RENTAL PAYMENTS

124023

The foregoing appropriation item 235401, Lease Rental	124024
Payments, shall be used to meet all payments at the times they are	124025
required to be made during the period from July 1, 2013, through	124026
June 30, 2015, by the Chancellor of the Board of Regents under	124027
leases and agreements made under section 154.21 of the Revised	124028
Code. These appropriations are the source of funds pledged for	124029
bond service charges on related obligations issued under Chapter	124030
154. of the Revised Code.	124031

Section 363.23. SEA GRANTS

124032

The foregoing appropriation item 235402, Sea Grants, shall be	124033
used to match federal dollars and leverage additional support by	124034
The Ohio State University's Sea Grant program, including Stone	124035
Laboratory, for research, education, and outreach to enhance the	124036
economic value, public utilization, and responsible management of	124037
Lake Erie and Ohio's coastal resources.	124038

Section 363.30. ARTICULATION AND TRANSFER

124039

The foregoing appropriation item 235406, Articulation and	124040
Transfer, shall be used by the Chancellor of the Board of Regents	124041
to maintain and expand the work of the Articulation and Transfer	124042
Council to develop a system of transfer policies to ensure that	124043
students at state institutions of higher education can transfer	124044
and have coursework apply to their majors and degrees at any other	124045
state institution of higher education without unnecessary	124046
duplication or institutional barriers under sections 3333.16,	124047
3333.161, and 3333.162 of the Revised Code.	124048

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

124049

The foregoing appropriation item 235408, Midwest Higher	124050
Education Compact, shall be distributed by the Chancellor of the	124051
Board of Regents under section 3333.40 of the Revised Code.	124052

Section 363.50. HEI INFORMATION SYSTEM

124053

The foregoing appropriation item 235409, HEI Information	124054
System, shall be used by the Chancellor of the Board of Regents to	124055
support the development and implementation of information	124056
technology solutions designed to improve the performance and	124057
services of the Chancellor of the Board of Regents and the	124058
University System of Ohio. Information technology solutions may be	124059
provided by the Ohio Academic Research Network (OARnet).	124060

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

124061

The foregoing appropriation item 235414, State Grants and	124062
Scholarship Administration, shall be used by the Chancellor of the	124063
Board of Regents to administer the following student financial aid	124064
programs: Ohio College Opportunity Grant, Ohio War Orphans'	124065
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	124066
Officers College Memorial Fund, and any other student financial	124067
aid programs created by the General Assembly. The appropriation	124068
item also shall be used to support all state financial aid audits	124069
and student financial aid programs created by Congress, and to	124070
provide fiscal services for the Ohio National Guard Scholarship	124071
Program.	124072

Section 363.70. ESTUDENT SERVICES

124073

The foregoing appropriation item 235417, eStudent Services,	124074
shall be used by the Chancellor of the Board of Regents to support	124075
the continued implementation of eStudent Services, a consortium	124076
organized under division (T) of section 3333.04 of the Revised	124077
Code to expand access to dual enrollment opportunities for high	124078
school students, as well as adult and higher education	124079
opportunities through technology. The funds shall be used by	124080
eStudent Services to develop and promote learning and assessment	124081
through the use of technology, to test and provide advice on	124082
emerging learning-directed technologies, to support the distance	124083
learning clearinghouse and platform created under section 3333.82	124084
of the Revised Code, and to facilitate cost-effectiveness through	124085
shared educational technology investments.	124086

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

124087

The foregoing appropriation item 235428, Appalachian New	124088
Economy Partnership, shall be distributed to Ohio University to	124089
continue a multi-campus and multi-agency coordinated effort to	124090
link Appalachia to the new economy. Ohio University shall use	124091
these funds to provide leadership in the development and	124092
implementation of initiatives in the areas of entrepreneurship,	124093
management, education, and technology.	124094

Section 363.90. ECONOMIC GROWTH CHALLENGE

124095

The foregoing appropriation item 235433, Economic Growth	124096
Challenge, shall be used for administrative expenses of the	124097
Research Incentive Program and other economic advancement	124098
initiatives undertaken by the Chancellor of the Board of Regents.	124099

The Chancellor of the Board of Regents shall use any	124100
appropriation transfer to the foregoing appropriation item 235433,	124101
Economic Growth Challenge, to enhance the basic research and	124102
commercialization capabilities of public colleges and universities	124103
and accredited Ohio institutions of higher education holding	124104
certificates of authorization issued under section 1713.02 of the	124105
Revised Code, in order to strengthen academic research and	124106
commercialization for pursuing Ohio's economic development goals.	124107

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

124108

The foregoing appropriation item 235438, Choose Ohio First	124109
Scholarship, shall be used to operate the program prescribed in	124110
sections 3333.60 to 3333.70 of the Revised Code.	124111

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

124112

The foregoing appropriation item 235443, Adult Basic and	124113
Literacy Education - State, shall be used to support the adult	124114
basic and literacy education instructional grant program and state	124115
leadership program. The supported programs shall satisfy the state	124116
match and maintenance of effort requirements for the	124117
state-administered grant program.	124118

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	124119
EDUCATION	124120

The foregoing appropriation item 235444, Post-Secondary Adult	124121
Career-Technical Education, shall be used by the Chancellor of the	124122
Board of Regents, in consultation with the Superintendent of	124123
Public Instruction and the Governor's Office of Workforce	124124
Transformation, to support post-secondary adult career-technical	124125
education. The Chancellor of the Board of Regents, the	124126
Superintendent of Public Instruction, and the Governor's Office of	124127
Workforce Transformation, or their designees, shall hold a series	124128
of consultations with the Ohio Technical Centers during fiscal	124129
year 2014 to develop an appropriate funding formula to distribute	124130
these funds based on student outcomes, beginning in fiscal year	124131
2015.	124132

The Chancellor of the Board of Regents shall establish a	124133
One-Year Option credit articulation system in which graduates of	124134
Ohio Technical Centers receive college technical credit. The	124135
system shall ensure that Ohio Technical Center students that	124136
complete a 900-hour program of study and obtain an	124137
industry-recognized credential shall receive 30 college technical	124138
credit hours, and students that complete a program of study	124139
between 600 and 899 hours and obtain an industry-recognized	124140
credential shall receive a proportional number of college	124141
technical credit hours.	124142

Section 363.130. AREA HEALTH EDUCATION CENTERS

124143

The foregoing appropriation item 235474, Area Health	124144
Education Centers Program Support, shall be used by the Chancellor	124145
of the Board of Regents to support the medical school regional	124146
area health education centers' educational programs for the	124147
continued support of medical and other health professions	124148
education and for support of the Area Health Education Center	124149
Program.	124150

Section 363.140. STATEHOUSE NEWS BUREAU

124151

The foregoing appropriation item 235478, Statehouse News	124152
Bureau, shall be used solely to support the operations of the Ohio	124153
Statehouse News Bureau.	124154

Section 363.150. OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

124155

The foregoing appropriation item 235479, Ohio Government	124156
Telecommunications Services, shall be used solely to support the	124157
operations of Ohio Government Telecommunications Services which	124158
include providing multimedia support to the state government and	124159
its affiliated organizations and broadcasting the activities of	124160
the legislative, judicial, and executive branches of state	124161
government, among its other functions.	124162

Section 363.160. TECHNOLOGY OPERATIONS

124163

Of the foregoing appropriation item 235481, Technology	124164
Operations, up to $1,000,000 in each fiscal year shall be used to	124165
provide grants on a competitive basis to public and chartered	124166
nonpublic schools for their participation in the electronic	124167
textbook pilot project. These grants shall be administered as	124168
provided under the section of this act entitled ELECTRONIC	124169
TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as possible	124170
thereafter, the Chancellor of the Board of Regents may certify to	124171
the Director of Budget and Management the amount of the	124172
unexpended, unencumbered balance of this set aside at the end of	124173
fiscal year 2014 to be appropriated to fiscal year 2015. The	124174
amount certified is hereby reappropriated for the same purpose for	124175
fiscal year 2015.	124176

The remainder of the foregoing appropriation item 235481,	124177
Technology Operations, shall be used by the Chancellor of the	124178
Board of Regents to pay Ohio's network infrastructure expenses,	124179
which includes the television and radio transmission	124180
infrastructure and infrastructure that shall link all public K-12	124181
classrooms to each other and to the Internet, and provide access	124182
to voice, video, other communication services, and data	124183
educational resources for students and teachers. The foregoing	124184
appropriation item 235481, Technology Operations, may also be used	124185
to cover student costs for taking advanced placement courses and	124186
courses that the Chancellor of the Board of Regents has determined	124187
to be eligible for postsecondary credit through the Ohio Learns	124188
Gateway. To the extent that funds remain available for this	124189
purpose, students who are enrolled in public and chartered	124190
nonpublic schools, and students who are instructed at home	124191
pursuant to section 3321.04 of the Revised Code, who are taking	124192
advanced placement or postsecondary courses through the Ohio	124193
Learns Gateway shall be eligible to receive a fee waiver to cover	124194
the cost of participating in one course. The fee waivers shall be	124195
distributed until the funds appropriated to support the waivers	124196
have been exhausted.	124197

Section 363.170. CONTENT DEVELOPMENT, ACQUISITION, AND	124198
DISTRIBUTION	124199

The foregoing appropriation item 235482, Content Development,	124200
Acquisition, and Distribution, shall be used for the development,	124201
acquisition, and distribution of information resources by public	124202
media and radio reading services and for educational use in the	124203
classroom and online.	124204

Of the foregoing appropriation item 235482, Content	124205
Development, Acquisition, and Distribution, up to $596,193 in each	124206
fiscal year shall be allocated equally among the Ohio educational	124207
television stations and used with the advice and approval of the	124208
Chancellor of the Board of Regents. Funds shall be used for the	124209
production of interactive instructional programming series with	124210
priority given to resources aligned with state academic content	124211
standards in consultation with the Ohio Department of Education.	124212
The programming shall be targeted to the needs of the poorest two	124213
hundred school districts as determined by the district's adjusted	124214
valuation per pupil as defined in former section 3317.0213 of the	124215
Revised Code as that section existed prior to June 30, 2005.	124216

Of the foregoing appropriation item 235482, Content	124217
Development, Acquisition, and Distribution, up to $1,584,965 in	124218
each fiscal year shall be distributed by the Chancellor of the	124219
Board of Regents to Ohio's qualified public educational television	124220
stations and educational radio stations to support their	124221
operations. The funds shall be distributed pursuant to an	124222
allocation formula used by the Ohio Educational Telecommunications	124223
Network Commission unless a substitute formula is developed by the	124224
Chancellor of the Board of Regents in consultation with Ohio's	124225
qualified public educational television stations and educational	124226
radio stations.	124227

Of the foregoing appropriation item 235482, Content	124228
Development, Acquisition, and Distribution, up to $180,936 in each	124229
fiscal year shall be distributed by the Chancellor of the Board of	124230
Regents to Ohio's qualified radio reading services to support	124231
their operations. The funds shall be distributed pursuant to an	124232
allocation formula used by the Ohio Educational Telecommunications	124233
Network Commission unless a substitute formula is developed by the	124234
Chancellor of the Board of Regents in consultation with Ohio's	124235
qualified radio reading services.	124236

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	124237
DEVELOPMENT	124238

Of the foregoing appropriation item 235483, Technology	124239
Integration and Professional Development, up to $2,000,000 in each	124240
fiscal year shall be used to provide grants on a competitive basis	124241
to public and chartered nonpublic schools for their participation	124242
in the electronic textbook pilot project. These grants shall be	124243
administered as provided under the section of this act entitled	124244
ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as	124245
possible thereafter, the Chancellor of the Board of Regents may	124246
certify to the Director of Budget and Management the amount of the	124247
unexpended, unencumbered balance of this set aside at the end of	124248
fiscal year 2014 to be appropriated to fiscal year 2015. The	124249
amount certified is hereby reappropriated for the same purpose for	124250
fiscal year 2015.	124251

The remainder of the foregoing appropriation item 235483,	124252
Technology Integration and Professional Development, shall be used	124253
by the Ohio Department of Education and the Chancellor of the	124254
Board of Regents for the provision of staff development, hardware,	124255
software, telecommunications services, and information resources	124256
to support educational uses of technology in the classroom and at	124257
a distance and for professional development for teachers,	124258
administrators, and technology staff on the use of educational	124259
technology in qualifying public schools, including the State	124260
School for the Blind, the School for the Deaf, and the Department	124261
of Youth Services.	124262

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

124263

The Chancellor of the Board of Regents shall establish	124264
procedures to allocate the foregoing appropriation item 235501,	124265
State Share of Instruction, based on the formulas detailed in this	124266
section that utilize the enrollment, course completion, degree	124267
attainment, and student achievement factors reported annually by	124268
each state institution of higher education participating in the	124269
Higher Education Information (HEI) system.	124270

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

124271

(1) As soon as possible during each fiscal year of the	124272
biennium ending June 30, 2015, in accordance with instructions of	124273
the Board of Regents, each state institution of higher education	124274
shall report its actual data, consistent with the definitions in	124275
the Higher Education Information (HEI) system's enrollment files,	124276
to the Chancellor of the Board of Regents.	124277

(2) In defining the number of full-time equivalent students	124278
for state subsidy instructional cost purposes, the Chancellor of	124279
the Board of Regents shall exclude all undergraduate students who	124280
are not residents of Ohio, except those charged in-state fees in	124281
accordance with reciprocity agreements made under section 3333.17	124282
of the Revised Code or employer contracts entered into under	124283
section 3333.32 of the Revised Code.	124284

(3) In calculating the core subsidy entitlements for	124285
university branch and main campuses, the Chancellor of the Board	124286
of Regents shall use the following count of FTE students:	124287

(a) The subsidy eligible enrollments by model shall equal	124288
only those FTE students who successfully complete the course as	124289
defined and reported through the Higher Education Information	124290
(HEI) system course enrollment file;	124291

(b) For those undergraduate FTE students with successful	124292
course completions, identified in division (A)(3)(a) of this	124293
section, that had an expected family contribution less than 2190	124294
or were determined to have been in need of remedial education	124295
shall be defined as at-risk students and shall have their eligible	124296
completions weighted by the following:	124297

(i) Campus-specific course completion indexes, where the	124298
indexes are calculated based upon the number of at-risk students	124299
enrolled during the 2010-2012 academic years; and	124300

(ii) A statewide average at-risk course completion weight	124301
determined for each subsidy model. The statewide average at-risk	124302
course completion weight shall be determined by calculating the	124303
difference between the percentage of traditional students who	124304
complete a course and the percentage of at-risk students who	124305
complete the same course.	124306

(4) In calculating the core subsidy entitlements for Medical	124307
II models only, students repeating terms may be no more than five	124308
per cent of current year enrollment.	124309

(5) In calculating the core subsidy entitlements for students	124310
enrolled in state-supported law schools, subsidy eligible FTE	124311
completions shall be limited to students identified as residents	124312
of Ohio.	124313

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

124314

For purposes of calculating state share of instruction	124315
allocations, the total instructional costs per full-time	124316
equivalent student shall be:	124317

Model	Fiscal Year 2014	Fiscal Year 2015	124318
ARTS AND HUMANITIES 1	$7,803	$7,940	124319
ARTS AND HUMANITIES 2	$10,828	$11,018	124320
ARTS AND HUMANITIES 3	$13,988	$14,234	124321
ARTS AND HUMANITIES 4	$20,242	$20,598	124322
ARTS AND HUMANITIES 5	$33,969	$34,567	124323
ARTS AND HUMANITIES 6	$38,280	$38,954	124324
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	124325
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	124326
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	124327
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	124328
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	124329
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	124330
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	124331
MEDICAL 1	$53,424	$54,365	124332
MEDICAL 2	$45,873	$46,681	124333
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	124334
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	124335
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	124336
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	124337
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	124338
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	124339
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	124340
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	124341
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	124342

Doctoral I and Doctoral II models shall be allocated in	124343
accordance with division (D)(3) of this section.	124344

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	124345
AND GRADUATE WEIGHTS	124346

For the purpose of implementing the recommendations of the	124347
2006 State Share of Instruction Consultation and the Higher	124348
Education Funding Study Council that priority be given to	124349
maintaining state support for science, technology, engineering,	124350
mathematics, medicine, and graduate programs, the costs in	124351
division (B) of this section shall be weighted by the amounts	124352
provided below:	124353

Model	Fiscal Year 2014	Fiscal Year 2015	124354
ARTS AND HUMANITIES 1	1.0000	1.0000	124355
ARTS AND HUMANITIES 2	1.0000	1.0000	124356
ARTS AND HUMANITIES 3	1.0000	1.0000	124357
ARTS AND HUMANITIES 4	1.0000	1.0000	124358
ARTS AND HUMANITIES 5	1.0425	1.0425	124359
ARTS AND HUMANITIES 6	1.0425	1.0425	124360
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	124361
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	124362
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	124363
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	124364
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	124365
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	124366
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	124367
MEDICAL 1	1.6456	1.6456	124368
MEDICAL 2	1.7462	1.7462	124369
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	124370
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	124371
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	124372
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	124373
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	124374
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	124375
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	124376
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	124377
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	124378

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	124379
ENTITLEMENTS AND ADJUSTMENTS	124380

(1) Of the foregoing appropriation item 235501, State Share	124381
of Instruction, 25 per cent of the fiscal year 2014 appropriation	124382
for state-supported community colleges, state community colleges,	124383
and technical colleges shall be allocated to colleges in	124384
proportion to their share of college student success factors as	124385
adopted by the Chancellor of the Board of Regents in formal	124386
communication to the Controlling Board on August 30, 2010.	124387

(2) Of the foregoing appropriation item 235501, State Share	124388
of Instruction, 25 per cent of the fiscal year 2014 appropriation	124389
for state-supported community colleges, state community colleges,	124390
and technical colleges shall be reserved for course completion	124391
FTEs as aggregated by the subsidy models defined in division (B)	124392
of this section.	124393

The course completion funding shall be allocated to colleges	124394
in proportion to each campuses' share of the total sector's course	124395
completions, weighted by the instructional cost of the subsidy	124396
models.	124397

To calculate the subsidy entitlements for course completions	124398
at community colleges, state community colleges, and technical	124399
colleges, the Chancellor of the Board of Regents shall use the	124400
following calculations:	124401

(a) In calculating each campus's count of FTE course	124402
completions, the Chancellor of the Board of Regents shall use the	124403
three-year average course completions for the three-year period	124404
ending in the prior year.	124405

(b) The model costs as used in the calculation shall be	124406
augmented by the model weights for science, technology,	124407
engineering, mathematics, and medicine models as established in	124408
division (C) of this section.	124409

(3) Of the foregoing appropriation item 235501, State Share	124410
of Instruction, up to 11.78 per cent of the appropriation for	124411
universities, as established in division (A)(2) of the section of	124412
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	124413
2014 and 2015," in each fiscal year shall be reserved for support	124414
of doctoral programs to implement the funding recommendations made	124415
by representatives of the universities. The amount so reserved	124416
shall be referred to as the doctoral set-aside.	124417

The doctoral set-aside shall be allocated to universities as	124418
follows:	124419

(a) 50 per cent of the doctoral set-aside in fiscal year 2014	124420
and 40 per cent of the doctoral set-aside in fiscal year 2015	124421
shall be allocated to universities in proportion to their share of	124422
the statewide total of each state institution's three-year average	124423
Doctoral I equivalent FTEs as calculated on an institutional basis	124424
using historical FTEs for the period fiscal year 1994 through	124425
fiscal year 1998 with annualized FTEs for fiscal years 1994	124426
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	124427
reflect the effects of doctoral review and subsequent changes in	124428
Doctoral I equivalent enrollments. For the purposes of this	124429
calculation, Doctoral I equivalent FTEs shall equal the sum of	124430
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	124431

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	124432
and 30 per cent of the doctoral set-aside in fiscal year 2015	124433
shall be allocated to universities in proportion to each campus's	124434
share of the total statewide doctoral degrees, weighted by the	124435
cost of the doctoral discipline. In calculating each campus's	124436
doctoral degrees the Chancellor of the Board of Regents shall use	124437
the three-year average doctoral degrees awarded for the three-year	124438
period ending in the prior year.	124439

(c) 12.5 per cent of the doctoral set-aside in fiscal year	124440
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	124441
shall be allocated to universities in proportion to their share of	124442
research grant activity, using a data collection method that is	124443
reviewed and approved by the presidents of Ohio's doctoral degree	124444
granting universities. In the event that the data collection	124445
method is not available, funding for this component shall be	124446
allocated to universities in proportion to their share of research	124447
grant activity published by the National Science Foundation. Grant	124448
awards from the Department of Health and Human Services shall be	124449
weighted at 50 per cent.	124450

(d) 12.5 per cent of the doctoral set-aside in fiscal year	124451
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	124452
shall be allocated to universities based on other quality measures	124453
that contribute to the advancement of quality doctoral programs.	124454
These other quality measures shall be identified by the Chancellor	124455
in consultation with universities. If for any reason metrics for	124456
distributing the quality component of the doctoral set-aside are	124457
not identified prior to the fiscal year allocation process, this	124458
portion of the doctoral set-aside funds shall be allocated to	124459
universities based on division (D)(3)(a) of this section.	124460

(4) Of the foregoing appropriation item 235501, State Share	124461
of Instruction, 6.41 per cent of the appropriation for	124462
universities, as established in division (A)(2) of the section of	124463
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	124464
2014 AND 2015," in each fiscal year shall be reserved for support	124465
of Medical II FTEs. The amount so reserved shall be referred to as	124466
the medical II set-aside.	124467

The medical II set-aside shall be allocated to universities	124468
in proportion to their share of the statewide total of each state	124469
institution's three-year average Medical II FTEs as calculated in	124470
division (A) of this section, weighted by model cost.	124471

(5) Of the foregoing appropriation item 235501, State Share	124472
of Instruction, 1.48 per cent of the appropriation for	124473
universities, as established in division (A)(2) of the section of	124474
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	124475
2014 AND 2015," in each fiscal year shall be reserved for support	124476
of Medical I FTEs. The amount so reserved shall be referred to as	124477
the medical I set-aside.	124478

The medical I set-aside shall be allocated to universities in	124479
proportion to their share of the statewide total of each state	124480
institution's three-year average Medical I FTEs as calculated in	124481
division (A) of this section.	124482

(6) Of the foregoing appropriation item 235501, State Share	124483
of Instruction, 50 per cent of the appropriation in each fiscal	124484
year for universities, net any earmarked funding for university	124485
regional campuses as detailed in division (B)(1) of the section of	124486
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	124487
2014 AND 2015," shall be reserved for support of associate,	124488
baccalaureate, master's, and professional level degree attainment.	124489

The degree attainment funding shall be allocated to	124490
universities in proportion to each campus's share of the total	124491
statewide degrees granted, weighted by the cost of the degree	124492
programs. The degree cost calculations shall include the model	124493
cost weights for the science, technology, engineering,	124494
mathematics, and medicine models as established in division (C) of	124495
this section.	124496

In calculating the subsidy entitlements for degree attainment	124497
at university main and regional campuses, the Chancellor of the	124498
Board of Regents shall use the following count of degrees and	124499
degree costs:	124500

(a) The subsidy eligible undergraduate degrees shall be	124501
defined as follows:	124502

(i) The subsidy eligible degrees conferred to students	124503
identified as residents of the state of Ohio in any term of their	124504
studies, as reported through the Higher Education Information	124505
(HEI) system student enrollment file, shall be weighted by a	124506
factor of 1.	124507

(ii) The subsidy eligible degrees conferred to students	124508
identified as out-of-state residents during all terms of their	124509
studies, as reported through the Higher Education Information	124510
(HEI) system student enrollment file, which remain in the state of	124511
Ohio at least one year after graduation shall be weighted by a	124512
factor of 50 per cent. For fiscal year 2014, subsidy eligible	124513
degrees conferred to all out-of-state students shall be weighted	124514
by a factor of 25 per cent.	124515

(b) In fiscal year 2014, for those associate degrees awarded	124516
by a state-supported university, the subsidy eligible degrees	124517
granted are defined as only those earned by students attending a	124518
university that received funding under GRF appropriation item	124519
235418, Access Challenge, in fiscal year 2009. In fiscal year	124520
2015, subsidy eligible associate degrees are defined as those	124521
earned by students attending any state-supported university main	124522
or regional campus.	124523

(c) In calculating each campus's count of degrees, the	124524
Chancellor of the Board of Regents shall use the three-year	124525
average associate, baccalaureate, master's, and professional	124526
degrees awarded for the three-year period ending in the prior	124527
year. In fiscal year 2014, university regional campuses are not	124528
eligible for degree completion funding. In fiscal year 2015, all	124529
university campuses are eligible for degree completion funding.	124530

(d) Eligible associate degrees defined in division (D)(6)(b)	124531
of this section and all bachelor's degrees earned by a student	124532
that either had an expected family contribution less than 2190,	124533
was determined to have been in need of remedial education, is	124534
Native American, African American, or Hispanic, or is at least age	124535
26 at the time of graduation, shall be defined as degrees earned	124536
by an at-risk student and shall be weighted by the following:	124537

(i) A campus-specific at-risk index, where the index is	124538
calculated based on the proportion of at-risk students enrolled	124539
during a four-year cohort beginning in fiscal year 2001, 2002,	124540
2003, or 2004; and	124541

(ii) A statewide average at-risk degree completion weight	124542
determined by calculating the difference between the percentage of	124543
non-at-risk students who earned a degree and the percentage of	124544
at-risk students who earned a degree in eight years or less.	124545

(7) State share of instruction base formula earnings shall be	124546
determined as follows:	124547

(a) The instructional costs shall be determined by	124548
multiplying the amounts listed above in divisions (B) and (C) of	124549
this section by the average subsidy-eligible FTEs for the	124550
three-year period ending in the prior year for all models except	124551
Doctoral I and Doctoral II.	124552

(b) The Chancellor of the Board of Regents shall compute a	124553
uniform state share of instructional costs for each sector.	124554

(i) For the state-supported community colleges, state	124555
community colleges, and technical colleges, in fiscal year 2014	124556
the Chancellor of the Board of Regents shall compute the uniform	124557
state share of instructional costs for enrollment by dividing the	124558
sector level appropriation total as determined by the Chancellor	124559
in division (A)(1) of the section of this act entitled "STATE	124560
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	124561
pursuant to divisions (B) and (C) of that section, less the	124562
student college success allocation as described in division (D)(1)	124563
of this section and less the course completion allocation as	124564
detailed in division (D)(2) of this section, by the sum of all	124565
eligible campuses' instructional costs as calculated in division	124566
(D)(7)(b) of this section.	124567

(ii) For the state-supported university regional campuses, in	124568
fiscal year 2014 the Chancellor of the Board of Regents shall	124569
compute the uniform state share of instructional costs by dividing	124570
the sector level appropriation, as determined by the Chancellor in	124571
division (A)(2) of the section of this act entitled "STATE SHARE	124572
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	124573
pursuant to division (B) of that section by the sum of all	124574
campuses' instructional costs as calculated in division (D)(7)(b)	124575
of this section.	124576

(iii) For the state-supported university main campuses, in	124577
fiscal year 2014 the Chancellor of the Board of Regents shall	124578
compute the uniform state share of instructional costs by dividing	124579
the sector level appropriation, as determined by the Chancellor in	124580
division (A)(3) of the section of this act entitled "STATE SHARE	124581
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	124582
pursuant to division (B) of that section, less the degree	124583
attainment funding as calculated in divisions (D)(3) to (6) of	124584
this section, less the doctoral set-aside, less the medical I	124585
set-aside, and less the medical II set-aside, by the sum of all	124586
campuses' instructional costs as calculated in division (D)(7)(b)	124587
of this section.	124588

(iv) For the state university regional and main campuses, in	124589
fiscal year 2015 the Chancellor of the Board of Regents shall	124590
compute the uniform state share of instructional costs by dividing	124591
the university appropriation, as determined by the Chancellor in	124592
division (A)(3) of the section of this act entitled "STATE SHARE	124593
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	124594
pursuant to division (B) of that section, less the degree	124595
attainment funding as calculated in divisions (D)(3) to (6) of	124596
this section, less the doctoral set-aside, less the medical I	124597
set-aside, and less the medical II set-aside, by the sum of all	124598
campuses' instructional costs as calculated in division (D)(7)(b)	124599
of this section.	124600

(c) The formula entitlement shall be determined by	124601
multiplying the uniform state share of instructional costs	124602
calculated in division (D)(7)(c) of this section by the	124603
instructional cost determined in division (D)(7)(b) of this	124604
section.	124605

(8) In addition to the student success allocation, doctoral	124606
set-aside, medical I set-aside, medical II set-aside, and the	124607
degree attainment allocation determined in divisions (D)(1) to (6)	124608
of this section and the formula entitlement determined in division	124609
(D)(7) of this section, an allocation based on facility-based	124610
plant operations and maintenance (POM) subsidy shall be made. For	124611
each eligible university main campus, the amount of the POM	124612
allocation in each fiscal year shall be distributed based on what	124613
each campus received in the fiscal year 2009 POM allocation.	124614

Any POM allocations required by this division shall be funded	124615
by proportionately reducing formula entitlement earnings,	124616
including the POM allocations, for all campuses in that sector.	124617

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	124618
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	124619

In addition to and after the adjustments noted above, in	124620
fiscal year 2014, no community college, state community college,	124621
or technical college shall receive a state share of instruction	124622
allocation that is less than 97 per cent of the prior year's state	124623
share of instruction earnings. Funds shall be made available to	124624
support this allocation by proportionately reducing formula	124625
entitlement earnings from those campuses, within the community,	124626
state community, and technical college sector, that are not	124627
receiving stability funding.	124628

(10) CAPITAL COMPONENT DEDUCTION

124629

After all other adjustments have been made, state share of	124630
instruction earnings shall be reduced for each campus by the	124631
amount, if any, by which debt service charged in Am. H.B. 748 of	124632
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	124633
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	124634
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	124635
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	124636
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	124637
562 of the 127th General Assembly for that campus exceeds that	124638
campus's capital component earnings. The sum of the amounts	124639
deducted shall be transferred to appropriation item 235552,	124640
Capital Component, in each fiscal year.	124641

(E) EXCEPTIONAL CIRCUMSTANCES

124642

Adjustments may be made to the state share of instruction	124643
payments and other subsidies distributed by the Chancellor of the	124644
Board of Regents to state colleges and universities for	124645
exceptional circumstances. No adjustments for exceptional	124646
circumstances may be made without the recommendation of the	124647
Chancellor and the approval of the Controlling Board.	124648

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	124649
INSTRUCTION	124650

The standard provisions of the state share of instruction	124651
calculation as described in the preceding sections of temporary	124652
law shall apply to any reductions made to appropriation item	124653
235501, State Share of Instruction, before the Chancellor of the	124654
Board of Regents has formally approved the final allocation of the	124655
state share of instruction funds for any fiscal year.	124656

Any reductions made to appropriation item 235501, State Share	124657
of Instruction, after the Chancellor of the Board of Regents has	124658
formally approved the final allocation of the state share of	124659
instruction funds for any fiscal year, shall be uniformly applied	124660
to each campus in proportion to its share of the final allocation.	124661

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

124662

The state share of instruction payments to the institutions	124663
shall be in substantially equal monthly amounts during the fiscal	124664
year, unless otherwise determined by the Director of Budget and	124665
Management pursuant to section 126.09 of the Revised Code.	124666
Payments during the first six months of the fiscal year shall be	124667
based upon the state share of instruction appropriation estimates	124668
made for the various institutions of higher education according to	124669
the Chancellor of the Board of Regents enrollment, completion, and	124670
performance estimates. Payments during the last six months of the	124671
fiscal year shall be distributed after approval of the Controlling	124672
Board upon the request of the Chancellor.	124673

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	124674
STATE SHARE OF INSTRUCTION FORMULAS	124675

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	124676
COLLEGES	124677

Community college presidents, or their designees, in	124678
consultation with the Chancellor of the Board of Regents, shall	124679
study the most appropriate formula weights for students who come	124680
from "at-risk" populations and recommend how they may be used to	124681
determine allocations of appropriations to community colleges from	124682
appropriation item 235501, State Share of Instruction, in fiscal	124683
year 2015. The study shall identify the socio-economic,	124684
demographic, academic, personal, and other factors that identify a	124685
student as being "at-risk" of academic failure, and recommend how	124686
these factors may be used to determine allocations of the State	124687
Share of Instruction for community colleges in fiscal year 2015.	124688
The study shall be completed by December 31, 2013. Notwithstanding	124689
any provision of law to the contrary, community college	124690
presidents, or their designees, in consultation with the	124691
Chancellor of the Board of Regents, shall use the results of the	124692
study to recommend changes in the determination of the	124693
distribution of the community college allocations beginning in	124694
fiscal year 2015 and shall report any such formula change	124695
recommendations to the Governor, the General Assembly, and the	124696
Office of Budget and Management not later than February 15, 2014.	124697

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	124698
MEASURES FOR COMMUNITY COLLEGES	124699

Community college presidents, or their designees, in	124700
consultation with the Chancellor of the Board of Regents, shall	124701
study the most appropriate formula weights for the "success	124702
points" and completion performance measures used in the allocation	124703
of appropriations to community colleges from appropriation item	124704
235501, State Share of Instruction, in fiscal year 2015. The study	124705
shall research the most appropriate success points and completion	124706
measures that occur during the academic career of community	124707
college students and recommend revisions to the current State	124708
Share of Instruction model to fund achievement of the success	124709
points beginning in fiscal year 2015. In addition, community	124710
college presidents, or their designees, in consultation with the	124711
Chancellor of the Board of Regents, shall determine how the	124712
community college's fiscal year 2015 share of State Share of	124713
Instruction funding shall be distributed among its success points,	124714
completion measures and course completion funding, or other	124715
performance and access measures. The study shall be completed by	124716
December 31, 2013. Notwithstanding any provision of law to the	124717
contrary, community college presidents, or their designees, in	124718
consultation with the Chancellor of the Board of Regents, shall	124719
use the results of the study to recommend changes in the	124720
determination of the distribution of the community college	124721
allocations beginning in fiscal year 2015 and shall report any	124722
such formula change recommendations to the Governor, the General	124723
Assembly, and the Office of Budget and Management not later than	124724
February 15, 2014.	124725

(3) STUDY ON THE USE OF STUDENT LEVEL "AT-RISK" WEIGHTS AND	124726
PROPORTIONAL DEGREE COUNTS FOR THE UNIVERSITIES DEGREE COMPLETION	124727
COMPONENT	124728

University presidents, or their designees, in consultation	124729
with the Chancellor of the Board of Regents, shall study the most	124730
appropriate formula weights for students who come from "at-risk"	124731
populations and recommend how they may be used to determine	124732
allocations of appropriations to universities from appropriation	124733
item 235501, State Share of Instruction, in fiscal year 2015. In	124734
addition to studying the "at-risk" student weights, university	124735
presidents, or their designees, in consultation with the	124736
Chancellor of the Board of Regents, shall recommend a methodology	124737
for merging the current main campus and regional campus funding	124738
formulas and distributing degree subsidies in cases where a	124739
student attended more than one institution of higher education.	124740
The study shall be completed by December 31, 2013. Notwithstanding	124741
any provision of law to the contrary, university presidents, or	124742
their designees, in consultation with the Chancellor of the Board	124743
of Regents, shall use the results of the study to recommend	124744
changes in the determination of the distribution of the university	124745
allocations beginning in fiscal year 2015 and shall report any	124746
such formula change recommendations to the Governor, the General	124747
Assembly and the Office of Budget and Management not later than	124748
February 15, 2014.	124749

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	124750
2014 AND 2015	124751

(A) The foregoing appropriation item 235501, State Share of	124752
Instruction, shall be distributed according to the section of this	124753
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	124754

(1) Of the foregoing appropriation item 235501, State Share	124755
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	124756
in fiscal year 2015 shall be distributed to state-supported	124757
community colleges, state community colleges, and technical	124758
colleges.	124759

(2) Of the foregoing appropriation item 235501, State Share	124760
of Instruction, $1,372,968,020 in fiscal year 2014 and	124761
$1,399,124,069 in fiscal year 2015 shall be distributed to	124762
state-supported university main and regional campuses.	124763

(B) Of the amounts earmarked in division (A)(2) of this	124764
section:	124765

(1) $116,181,104 in fiscal year 2014 shall be distributed to	124766
state university regional campuses.	124767

(2) $3,923,764 in each fiscal year shall be distributed to	124768
university main campuses based on each campus's share of the	124769
appropriation item 235418, Access Challenge, in fiscal year 2009.	124770

(C) The POM adjustment in division (D)(7) of the section of	124771
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	124772
Access Challenge earmark in division (B) of this section shall	124773
expire on June 30, 2015.	124774

(D) The state share of instruction payments to the	124775
institutions shall be in substantially equal monthly amounts	124776
during the fiscal year, unless otherwise determined by the	124777
Director of Budget and Management pursuant to section 126.09 of	124778
the Revised Code. Payments during the last six months of the	124779
fiscal year shall be distributed after approval of the Controlling	124780
Board upon the request of the Chancellor of the Board of Regents.	124781

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	124782
UNIVERSITIES	124783

Notwithstanding any provision of law to the contrary, in	124784
consultation with the Chancellor of the Board of Regents, a	124785
state-supported university may request to transfer its fiscal year	124786
2014 state share of instruction subsidy allocations of the	124787
foregoing appropriation item 235501, State Share of Instruction,	124788
between a university main campus and any university branch campus	124789
for which the university main campus is affiliated to best	124790
accomplish institutional goals and objectives. At the request of	124791
the Chancellor of the Board of Regents, the Director of Budget and	124792
Management may transfer the requested amounts of state share of	124793
instruction appropriation allocations between affiliated	124794
university branch campuses and university main campuses.	124795

Section 363.213. STATE SHARE OF INSTRUCTION BRIDGE FUNDING

124796

The foregoing appropriation item 235505, State Share of	124797
Instruction Bridge Funding, shall be used by the Chancellor to	124798
supplement each campus receiving a State Share of Instruction	124799
allocation in fiscal year 2014 that is lower than that campus's	124800
State Share of Instruction allocation in fiscal year 2013.	124801

(A) For fiscal year 2014, the Chancellor shall pay temporary	124802
allocations from the foregoing appropriation item 235505, State	124803
Share of Instruction Bridge Funding, to any campus that	124804
experiences any decrease in its State Share of Instruction	124805
funding.	124806

(1) The amount of the temporary allocation payments for all	124807
state institution campuses except Central State University and	124808
Shawnee State University shall be equal to the difference between	124809
the campus's State Share of Instruction funding allocation for	124810
fiscal year 2013, as determined under the formula detailed in	124811
sections 371.20.50 and 371.20.60 of Am. Sub. H.B. 153 of the 129th	124812
General Assembly, and the campus's State Share of Instruction	124813
funding allocation for fiscal year 2014, as determined under the	124814
formula detailed in sections 363.190 and 363.200 of this act. If	124815
the computation made under this division results in a negative	124816
number, the campus's payment under this division shall be zero.	124817

(2) The amount of the temporary allocation payments for	124818
Central State University shall be equal to the difference between	124819
(a) Central State University's State Share of Instruction funding	124820
allocation for fiscal year 2013, as determined under the State	124821
Share of Instruction formula detailed in sections 371.20.50 and	124822
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	124823
combined with the fiscal year 2013 appropriation for appropriation	124824
item 235514, Central State Supplement, in section 371.10 of Am.	124825
Sub. H.B. 153 of the 129th General Assembly, and (b) Central State	124826
University's State Share of Instruction funding allocation for	124827
fiscal year 2014, as determined under the formula detailed in	124828
sections 363.190 and 363.200 of this act, combined with the fiscal	124829
year 2014 appropriation for the foregoing appropriation item	124830
235514, Central State Supplement. If the computation made under	124831
this division results in a negative number, Central State	124832
University's payment under this division shall be zero.	124833

(3) The amount of the temporary allocation payments for	124834
Shawnee State University shall be equal to the difference between	124835
(a) Shawnee State University's State Share of Instruction funding	124836
allocation for fiscal year 2013, as determined under the State	124837
Share of Instruction formula detailed in sections 371.20.50 and	124838
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	124839
combined with the fiscal year 2013 appropriation for appropriation	124840
item 235520, Shawnee State Supplement, in section 371.10 of Am.	124841
Sub. H.B. 153 of the 129th General Assembly, and (b) Shawnee State	124842
University's State Share of Instruction funding allocation for	124843
fiscal year 2014, as determined under the formula detailed in	124844
sections 363.190 and 363.200 of this act, combined with the fiscal	124845
year 2014 appropriation for the foregoing appropriation item	124846
235514, Shawnee State Supplement. If the computation made under	124847
this division results in a negative number, Shawnee State	124848
University's payment under this division shall be zero.	124849

(B) In each fiscal year, the Chancellor shall not distribute	124850
an amount greater than what is appropriated under the foregoing	124851
appropriation item 235505, State Share of Instruction Bridge	124852
Funding. If the Chancellor determines that the amounts	124853
appropriated for support of the State Share of Instruction Bridge	124854
Funding program are inadequate to provide full temporary	124855
allocation payments to all eligible campuses, the Chancellor shall	124856
proportionally reduce payment amounts.	124857

Section 363.220. RESTRICTION ON FEE INCREASES

124858

The boards of trustees of state institutions of higher	124859
education shall restrain increases in in-state undergraduate	124860
instructional and general fees. Each state university and the	124861
Northeast Ohio Medical University shall not increase its in-state	124862
undergraduate instructional and general fees by more than 2.0 per	124863
cent or $188, whichever is higher, over what the institution	124864
charged for the preceding academic year.	124865

Each university regional campus shall not increase its	124866
in-state undergraduate instructional and general fees by more than	124867
2.0 per cent or $114, whichever is higher, over what the	124868
institution charged for the preceding academic year.	124869

Each community college, state community college, and	124870
technical college shall not increase its in-state undergraduate	124871
instructional and general fees by more than $100 over what the	124872
institution charged for the preceding academic year.	124873

These limitations shall not apply to increases required to	124874
comply with institutional covenants related to their obligations	124875
or to meet unfunded legal mandates or legally binding obligations	124876
incurred or commitments made prior to the effective date of this	124877
section with respect to which the institution had identified such	124878
fee increases as the source of funds. Any increase required by	124879
such covenants and any such mandates, obligations, or commitments	124880
shall be reported by the Chancellor of the Board of Regents to the	124881
Controlling Board. These limitations may also be modified by the	124882
Chancellor of the Board of Regents, with the approval of the	124883
Controlling Board, to respond to exceptional circumstances as	124884
identified by the Chancellor of the Board of Regents.	124885

These limitations shall not apply to institutions	124886
participating in an undergraduate tuition guarantee program	124887
pursuant to section 3345.48 of the Revised Code.	124888

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

124889

(A) Funds appropriated for instructional subsidies at	124890
colleges and universities may be used to provide such branch or	124891
other off-campus undergraduate courses of study and such master's	124892
degree courses of study as may be approved by the Chancellor of	124893
the Board of Regents.	124894

(B) In providing instructional and other services to	124895
students, boards of trustees of state institutions of higher	124896
education shall supplement state subsidies with income from	124897
charges to students. Except as otherwise provided in this act,	124898
each board shall establish the fees to be charged to all students,	124899
including an instructional fee for educational and associated	124900
operational support of the institution and a general fee for	124901
noninstructional services, including locally financed student	124902
services facilities used for the benefit of enrolled students. The	124903
instructional fee and the general fee shall encompass all charges	124904
for services assessed uniformly to all enrolled students. Each	124905
board may also establish special purpose fees, service charges,	124906
and fines as required; such special purpose fees and service	124907
charges shall be for services or benefits furnished individual	124908
students or specific categories of students and shall not be	124909
applied uniformly to all enrolled students. A tuition surcharge	124910
shall be paid by all students who are not residents of Ohio.	124911

The board of trustees of a state institution of higher	124912
education shall not authorize a waiver or nonpayment of	124913
instructional fees or general fees for any particular student or	124914
any class of students other than waivers specifically authorized	124915
by law or approved by the Chancellor. This prohibition is not	124916
intended to limit the authority of boards of trustees to provide	124917
for payments to students for services rendered the institution,	124918
nor to prohibit the budgeting of income for staff benefits or for	124919
student assistance in the form of payment of such instructional	124920
and general fees.	124921

Each state institution of higher education in its statement	124922
of charges to students shall separately identify the instructional	124923
fee, the general fee, the tuition charge, and the tuition	124924
surcharge. Fee charges to students for instruction shall not be	124925
considered to be a price of service but shall be considered to be	124926
an integral part of the state government financing program in	124927
support of higher educational opportunity for students.	124928

(C) The boards of trustees of state institutions of higher	124929
education shall ensure that faculty members devote a proper and	124930
judicious part of their work week to the actual instruction of	124931
students. Total class credit hours of production per academic term	124932
per full-time faculty member is expected to meet the standards set	124933
forth in the budget data submitted by the Chancellor of the Board	124934
of Regents.	124935

(D) The authority of government vested by law in the boards	124936
of trustees of state institutions of higher education shall in	124937
fact be exercised by those boards. Boards of trustees may consult	124938
extensively with appropriate student and faculty groups.	124939
Administrative decisions about the utilization of available	124940
resources, about organizational structure, about disciplinary	124941
procedure, about the operation and staffing of all auxiliary	124942
facilities, and about administrative personnel shall be the	124943
exclusive prerogative of boards of trustees. Any delegation of	124944
authority by a board of trustees in other areas of responsibility	124945
shall be accompanied by appropriate standards of guidance	124946
concerning expected objectives in the exercise of such delegated	124947
authority and shall be accompanied by periodic review of the	124948
exercise of this delegated authority to the end that the public	124949
interest, in contrast to any institutional or special interest,	124950
shall be served.	124951

Section 363.240. STUDENT SUPPORT SERVICES

124952

The foregoing appropriation item 235502, Student Support	124953
Services, shall be distributed by the Chancellor of the Board of	124954
Regents to Ohio's state colleges and universities that incur	124955
disproportionate costs in the provision of support services to	124956
disabled students.	124957

Section 363.250. WAR ORPHANS SCHOLARSHIPS

124958

The foregoing appropriation item 235504, War Orphans	124959
Scholarships, shall be used to reimburse state institutions of	124960
higher education for waivers of instructional fees and general	124961
fees provided by them, to provide grants to institutions that have	124962
received a certificate of authorization from the Chancellor of the	124963
Board of Regents under Chapter 1713. of the Revised Code, in	124964
accordance with the provisions of section 5910.04 of the Revised	124965
Code, and to fund additional scholarship benefits provided by	124966
section 5910.032 of the Revised Code.	124967

Section 363.260. OHIOLINK

124968

The foregoing appropriation item 235507, OhioLINK, shall be	124969
used by the Chancellor of the Board of Regents to support	124970
OhioLINK, a consortium organized under division (T) of section	124971
3333.04 of the Revised Code to serve as the state's electronic	124972
library information and retrieval system, which provides access	124973
statewide to an extensive set of electronic databases and	124974
resources, the library holdings of Ohio's public and participating	124975
private nonprofit colleges and universities, and the State Library	124976
of Ohio.	124977

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

124978

The foregoing appropriation item 235508, Air Force Institute	124979
of Technology, shall be used to: (A) strengthen the research and	124980
educational linkages between the Wright Patterson Air Force Base	124981
and institutions of higher education in Ohio; and (B) support the	124982
Dayton Area Graduate Studies Institute, an engineering graduate	124983
consortium of Wright State University, the University of Dayton,	124984
and the Air Force Institute of Technology, with the participation	124985
of the University of Cincinnati and The Ohio State University.	124986

Section 363.280. OHIO SUPERCOMPUTER CENTER

124987

The foregoing appropriation item 235510, Ohio Supercomputer	124988
Center, shall be used by the Chancellor of the Board of Regents to	124989
support the operation of the Ohio Supercomputer Center, a	124990
consortium organized under division (T) of section 3333.04 of the	124991
Revised Code, located at The Ohio State University. The Ohio	124992
Supercomputer Center is a statewide resource available to Ohio	124993
research universities both public and private. It is also intended	124994
that the center be made accessible to private industry as	124995
appropriate.	124996

Funds shall be used, in part, to support the Ohio	124997
Supercomputer Center's Computational Science Initiative, which	124998
includes its industrial outreach program, Blue Collar Computing,	124999
and its School of Computational Science. These collaborations	125000
between the Ohio Supercomputer Center and Ohio's colleges and	125001
universities shall be aimed at making Ohio a leader in using	125002
computer modeling to promote economic development.	125003

Section 363.290. COOPERATIVE EXTENSION SERVICE

125004

The foregoing appropriation item 235511, Cooperative	125005
Extension Service, shall be disbursed through the Chancellor of	125006
the Board of Regents to The Ohio State University in monthly	125007
payments, unless otherwise determined by the Director of Budget	125008
and Management under section 126.09 of the Revised Code.	125009

Of the foregoing appropriation item 235511, Cooperative	125010
Extension Service, up to $30,000 in fiscal year 2014 shall be used	125011
to develop an in-school agriculturally based curriculum for	125012
inclusion within the regular classroom curriculum of an elementary	125013
school in the Cleveland Municipal School District and the	125014
Cincinnati City School District.	125015

Of the foregoing appropriation item 235511, Cooperative	125016
Extension Service, up to $73,450 in each fiscal year shall be used	125017
to support a City of Cleveland Program Manager tasked with	125018
preparing regular classroom teachers in one elementary school to	125019
recruit and train volunteers for an after-school 4-H Club.	125020

Of the foregoing appropriation item 235511, Cooperative	125021
Extension Service, $73,450 in each fiscal year shall be used to	125022
support a City of Cincinnati Program Manager tasked with preparing	125023
regular classroom teachers in one elementary school to recruit and	125024
train volunteers for an after-school 4-H Club.	125025

Section 363.300. CENTRAL STATE SUPPLEMENT

125026

The foregoing appropriation item 235514, Central State	125027
Supplement, shall be disbursed by the Chancellor of the Board of	125028
Regents to Central State University in accordance with the plan	125029
developed by the Chancellor and submitted to the Governor and the	125030
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	125031
General Assembly. Funds shall be used in a manner consistent with	125032
the goals of increasing enrollment, improving course completion,	125033
and increasing the number of degrees conferred.	125034

The Chancellor shall monitor the implementation of the plan	125035
and the use of funds. Central State University shall provide any	125036
information requested by the Chancellor related to the	125037
implementation of the plan. If the Chancellor determines that	125038
Central State University's use of supplemental funds is not in	125039
accordance with the plan or if the plan is not having the desired	125040
effect, the Chancellor may notify Central State University that	125041
the plan is suspended. Upon receiving such notice, Central State	125042
University shall avoid all unnecessary expenditures under the	125043
plan. The Chancellor shall notify the Controlling Board of the	125044
suspension of the plan and within sixty days prepare a new plan	125045
for the use of any remaining funds.	125046

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	125047
MEDICINE	125048

The foregoing appropriation item 235515, Case Western Reserve	125049
University School of Medicine, shall be disbursed to Case Western	125050
Reserve University through the Chancellor of the Board of Regents	125051
in accordance with agreements entered into under section 3333.10	125052
of the Revised Code, provided that the state support per full-time	125053
medical student shall not exceed that provided to full-time	125054
medical students at state universities.	125055

Section 363.320. FAMILY PRACTICE

125056

The Chancellor of the Ohio Board of Regents shall develop	125057
plans consistent with existing criteria and guidelines as may be	125058
required for the distribution of appropriation item 235519, Family	125059
Practice.	125060

Section 363.330. SHAWNEE STATE SUPPLEMENT

125061

The foregoing appropriation item 235520, Shawnee State	125062
Supplement, shall be disbursed by the Chancellor of the Board of	125063
Regents to Shawnee State University in accordance with the plan	125064
developed by the Chancellor and submitted to the Governor and the	125065
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	125066
General Assembly. Funds shall be used in a manner consistent with	125067
the goals of improving course completion, increasing the number of	125068
degrees conferred, and furthering the university's mission of	125069
service to the Appalachian region.	125070

The Chancellor shall monitor the implementation of the plan	125071
and the use of funds. Shawnee State University shall provide any	125072
information requested by the Chancellor related to the	125073
implementation of the plan. If the Chancellor determines that	125074
Shawnee State University's use of supplemental funds is not in	125075
accordance with the plan or if the plan is not having the desired	125076
effect, the Chancellor may notify Shawnee State University that	125077
the plan is suspended. Upon receiving such notice, Shawnee State	125078
University shall avoid all unnecessary expenditures under the	125079
plan. The Chancellor shall notify the Controlling Board of the	125080
suspension of the plan and within sixty days prepare a new plan	125081
for the use of any remaining funds.	125082

Section 363.340. POLICE AND FIRE PROTECTION

125083

The foregoing appropriation item 235524, Police and Fire	125084
Protection, shall be used for police and fire services in the	125085
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	125086
Portsmouth, Xenia Township (Greene County), Rootstown Township,	125087
and the City of Nelsonville that may be used to assist these local	125088
governments in providing police and fire protection for the	125089
central campus of the state-affiliated university located therein.	125090

Section 363.350. GERIATRIC MEDICINE

125091

The Chancellor of the Board of Regents shall develop plans	125092
consistent with existing criteria and guidelines as may be	125093
required for the distribution of appropriation item 235525,	125094
Geriatric Medicine.	125095

Section 363.360. PRIMARY CARE RESIDENCIES

125096

The Chancellor of the Board of Regents shall develop plans	125097
consistent with existing criteria and guidelines as may be	125098
required for the distribution of appropriation item 235526,	125099
Primary Care Residencies.	125100

The foregoing appropriation item 235526, Primary Care	125101
Residencies, shall be distributed in each fiscal year of the	125102
biennium, based on whether or not the institution has submitted	125103
and gained approval for a plan. If the institution does not have	125104
an approved plan, it shall receive five per cent less funding per	125105
student than it would have received from its annual allocation.	125106
The remaining funding shall be distributed among those	125107
institutions that meet or exceed their targets.	125108

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	125109
CENTER	125110

The foregoing appropriation item 235535, Ohio Agricultural	125111
Research and Development Center, shall be disbursed through the	125112
Chancellor of the Board of Regents to The Ohio State University in	125113
monthly payments, unless otherwise determined by the Director of	125114
Budget and Management under section 126.09 of the Revised Code.	125115
The Ohio Agricultural Research and Development Center shall not be	125116
required to remit payment to The Ohio State University during the	125117
biennium ending June 30, 2015, for cost reallocation assessments.	125118
The cost reallocation assessments include, but are not limited to,	125119
any assessment on state appropriations to the Center.	125120

The Ohio Agricultural Research and Development Center, an	125121
entity of the College of Food, Agricultural, and Environmental	125122
Sciences of The Ohio State University, shall further its mission	125123
of enhancing Ohio's economic development and job creation by	125124
continuing to internally allocate on a competitive basis	125125
appropriated funding of programs based on demonstrated	125126
performance. Academic units, faculty, and faculty-driven programs	125127
shall be evaluated and rewarded consistent with agreed-upon	125128
performance expectations as called for in the College's	125129
Expectations and Criteria for Performance Assessment.	125130

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

125131

The foregoing appropriation items 235536, The Ohio State	125132
University Clinical Teaching; 235537, University of Cincinnati	125133
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	125134
235539, Wright State University Clinical Teaching; 235540, Ohio	125135
University Clinical Teaching; and 235541, Northeast Ohio Medical	125136
University Clinical Teaching, shall be distributed through the	125137
Chancellor of the Board of Regents.	125138

Section 363.390. CAPITAL COMPONENT

125139

The foregoing appropriation item 235552, Capital Component,	125140
shall be used by the Chancellor of the Board of Regents to provide	125141
funding for prior commitments made pursuant to the state's former	125142
capital funding policy for state colleges and universities that	125143
was originally established in Am. H.B. 748 of the 121st General	125144
Assembly. Appropriations from this item shall be distributed to	125145
all campuses for which the estimated campus debt service	125146
attributable to qualifying capital projects was less than the	125147
campus's formula-determined capital component allocation. Campus	125148
allocations shall be determined by subtracting the estimated	125149
campus debt service attributable to qualifying capital projects	125150
from the campus's formula-determined capital component allocation.	125151
Moneys distributed from this appropriation item shall be	125152
restricted to capital-related purposes.	125153

Any campus for which the estimated campus debt service	125154
attributable to qualifying capital projects is greater than the	125155
campus's formula-determined capital component allocation shall	125156
have the difference subtracted from its State Share of Instruction	125157
allocation in each fiscal year. Appropriation equal to the sum of	125158
all such amounts except that of the Ohio Agricultural Research and	125159
Development Center shall be transferred from appropriation item	125160
235501, State Share of Instruction, to appropriation item 235552,	125161
Capital Component. Appropriation equal to any estimated Ohio	125162
Agricultural Research and Development Center debt service	125163
attributable to qualifying capital projects that is greater than	125164
the Center's formula-determined capital component allocation shall	125165
be transferred from appropriation item 235535, Ohio Agricultural	125166
Research and Development Center, to appropriation item 235552,	125167
Capital Component.	125168

Section 363.400. LIBRARY DEPOSITORIES

125169

The foregoing appropriation item, 235555, Library	125170
Depositories, shall be distributed to the state's five regional	125171
depository libraries for the cost-effective storage of and access	125172
to lesser-used materials in university library collections. The	125173
depositories shall be administrated by the Chancellor of the Board	125174
of Regents, or by OhioLINK at the discretion of the Chancellor.	125175

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

125176

The foregoing appropriation item 235556, Ohio Academic	125177
Resources Network, shall be used by the Chancellor of the Board of	125178
Regents to support the operations of the Ohio Academic Resources	125179
Network, a consortium organized under division (T) of section	125180
3333.04 of the Revised Code, which shall include support for	125181
Ohio's colleges and universities in maintaining and enhancing	125182
network connections, using new network technologies to improve	125183
research, education, and economic development programs, and	125184
sharing information technology services. To the extent network	125185
capacity is available, OARnet shall support allocating bandwidth	125186
to eligible programs directly supporting Ohio's economic	125187
development.	125188

Section 363.420. LONG-TERM CARE RESEARCH

125189

The foregoing appropriation item 235558, Long-term Care	125190
Research, shall be disbursed to Miami University for long-term	125191
care research.	125192

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

125193

(A) Except as provided in division (C) of this section:

125194

Of the foregoing appropriation item 235563, Ohio College	125195
Opportunity Grant, $41,000,000 in each fiscal year shall be used	125196
by the Chancellor of the Board of Regents to award need-based	125197
financial aid to students enrolled in eligible four-year public	125198
institutions of higher education, excluding early college high	125199
school and post-secondary enrollment option participants.	125200

Of the foregoing appropriation item 235563, Ohio College	125201
Opportunity Grant, $41,000,000 in each fiscal year shall be used	125202
by the Chancellor of the Board of Regents to award need-based	125203
financial aid to students enrolled in eligible private nonprofit	125204
institutions of higher education, excluding early college high	125205
school and post-secondary enrollment option participants.	125206

The remainder of the foregoing appropriation item 235563,	125207
Ohio College Opportunity Grant, shall be used by the Chancellor of	125208
the Board of Regents to award needs-based financial aid to	125209
students enrolled in eligible private for-profit career colleges	125210
and schools.	125211

(B)(1) As used in this section:

125212

(a) "Eligible institution" means any institution described in	125213
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	125214
Code.	125215

(b) The three "sectors" of institutions of higher education	125216
consist of the following:	125217

(i) State colleges and universities, community colleges,	125218
state community colleges, university branches, and technical	125219
colleges;	125220

(ii) Eligible private nonprofit institutions of higher	125221
education;	125222

(iii) Eligible private for-profit career colleges and	125223
schools.	125224

(2) If the Chancellor determines that the amounts	125225
appropriated for support of the Ohio College Opportunity Grant	125226
program are inadequate to provide grants to all eligible students	125227
as calculated under division (D) of section 3333.122 of the	125228
Revised Code, the Chancellor may create a distribution formula for	125229
fiscal year 2014 and fiscal year 2015 based on the formula used in	125230
fiscal year 2013, or may follow methods established in division	125231
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	125232
Chancellor shall notify the Controlling Board of the distribution	125233
method. Any formula calculated under this division shall be	125234
complete and established to coincide with the start of the	125235
2013-2014 academic year.	125236

(C) Prior to determining the amount of funds available to	125237
award under this section and section 3333.122 of the Revised Code,	125238
the Chancellor shall use the foregoing appropriation item 235563,	125239
Ohio College Opportunity Grant, to pay for renewals or partial	125240
renewals of scholarships students receive under the Ohio Academic	125241
Scholarship Program under sections 3333.21 and 3333.22 of the	125242
Revised Code. In paying for scholarships under this division, the	125243
Chancellor shall deduct funds from the allocations made under	125244
division (A) of this section. Deductions shall be proportionate to	125245
the amounts allocated to each sector from the total amounts	125246
appropriated for each sector under the foregoing appropriation	125247
item 235563, Ohio College Opportunity Grant.	125248

In each fiscal year, the Chancellor shall not distribute or	125249
obligate or commit to be distributed an amount greater than what	125250
is appropriated under the foregoing appropriation item 235563,	125251
Ohio College Opportunity Grant.	125252

(D) The Chancellor shall establish, and post on the Ohio	125253
Board of Regents' web site, award tables based on any formulas	125254
created under division (B) of this section. The Chancellor shall	125255
notify students and institutions of any reductions in awards under	125256
this section.	125257

On or before August 31, 2013, the Chancellor of the Board of	125258
Regents shall submit award tables to the Controlling Board for the	125259
2013-2014 academic year and allocations of Ohio College	125260
Opportunity Grant awards not already specified in section 3333.122	125261
of the Revised Code.	125262

(E) Notwithstanding section 3333.122 of the Revised Code, no	125263
student shall be eligible to receive an Ohio College Opportunity	125264
Grant for more than ten semesters, fifteen quarters, or the	125265
equivalent of five academic years, less the number of semesters or	125266
quarters in which the student received an Ohio Instructional	125267
Grant.	125268

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

125269

The foregoing appropriation item 235572, The Ohio State	125270
University Clinic Support, shall be distributed through the	125271
Chancellor of the Board of Regents to The Ohio State University	125272
for support of dental and veterinary medicine clinics.	125273

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

125274

The Chancellor of the Board of Regents shall disburse funds	125275
from appropriation item 235599, National Guard Scholarship	125276
Program. During each fiscal year, the Chancellor of the Board of	125277
Regents, within ten days of cancellation, may certify to the	125278
Director of Budget and Management the amount of canceled	125279
prior-year encumbrances in appropriation item 235599, National	125280
Guard Scholarship Program. Upon receipt of the certification, the	125281
Director of Budget and Management may transfer cash in an amount	125282
up to the amount certified from the General Revenue Fund to the	125283
National Guard Scholarship Reserve Fund (Fund 5BM0). The	125284
Chancellor of the Board of Regents shall seek Controlling Board	125285
approval to authorize additional expenditures for appropriation	125286
item 235623, National Guard Scholarship Reserve Fund. Upon	125287
approval of the Controlling Board, the additional amounts are	125288
hereby appropriated. The Chancellor of the Board of Regents shall	125289
disburse funds from appropriation item 235623, National Guard	125290
Scholarship Reserve Fund.	125291

Section 363.460. PLEDGE OF FEES

125292

Any new pledge of fees, or new agreement for adjustment of	125293
fees, made in the biennium ending June 30, 2015, to secure bonds	125294
or notes of a state institution of higher education for a project	125295
for which bonds or notes were not outstanding on the effective	125296
date of this section shall be effective only after approval by the	125297
Chancellor of the Board of Regents, unless approved in a previous	125298
biennium.	125299

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	125300
SERVICE	125301

The foregoing appropriation item 235909, Higher Education	125302
General Obligation Debt Service, shall be used to pay all debt	125303
service and related financing costs at the times they are required	125304
to be made during the period from July 1, 2013, through June 30,	125305
2015, for obligations issued under sections 151.01 and 151.04 of	125306
the Revised Code.	125307

Section 363.480. SALES AND SERVICES

125308

The Chancellor of the Board of Regents is authorized to	125309
charge and accept payment for the provision of goods and services.	125310
Such charges shall be reasonably related to the cost of producing	125311
the goods and services. Except as otherwise provided by law, no	125312
charges may be levied for goods or services that are produced as	125313
part of the routine responsibilities or duties of the Chancellor.	125314
All revenues received by the Chancellor of the Board of Regents	125315
shall be deposited into Fund 4560, and may be used by the	125316
Chancellor of the Board of Regents to pay for the costs of	125317
producing the goods and services.	125318

Section 363.483. CO-OP INTERNSHIP PROGRAM

125319

Of the foregoing appropriation item 235649, Co-op Internship	125320
Program, $75,000 in each fiscal year shall be used by the	125321
Chancellor of the Board of Regents to support the operations of	125322
Ohio University's Voinovich School.	125323

Of the foregoing appropriation item 235649, Co-op Internship	125324
Program, $75,000 in each fiscal year, shall be used by the	125325
Chancellor of the Board of Regents to support the operations of	125326
The Ohio State University's John Glenn School of Public Affairs.	125327

Of the foregoing appropriation item 235649, Co-op Internship	125328
Program, $75,000 in each fiscal year shall be used to support the	125329
Bliss Institute of Applied Politics at the University of Akron.	125330

Of the foregoing appropriation item 235649, Co-op Internship	125331
Program, $75,000 in each fiscal year shall be used to support the	125332
Center for Public Management and Regional Affairs at Miami	125333
University.	125334

Of the foregoing appropriation item 235649, Co-op Internship	125335
Program, $75,000 in each fiscal year shall be used to support the	125336
Washington Center Internship Program.	125337

Of the foregoing appropriation item 235649, Co-op Internship	125338
Program, $75,000 in each fiscal year shall be used to support the	125339
Ohio Center for the Advancement of Women in Public Service at the	125340
Maxine Goodman Levin College of Urban Affairs at Cleveland State	125341
University.	125342

Of the foregoing appropriation item 235649, Co-op Internship	125343
Program, $75,000 in each fiscal year shall be used to support the	125344
University of Cincinnati Internship Program.	125345

Of the foregoing appropriation item 235649, Co-op Internship	125346
Program, $75,000 in each fiscal year shall be used by the	125347
Chancellor of the Board of Regents to support the operations of	125348
the Center for Regional Development at Bowling Green State	125349
University.	125350

Of the foregoing appropriation item 235649, Co-op Internship	125351
Program, $75,000 in each fiscal year shall be used by the	125352
Chancellor of the Board of Regents to support the operations of	125353
the Institute for Defense Studies at Wright State University.	125354

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	125355
ADMINISTRATION	125356

The foregoing appropriation item 235602, Higher Educational	125357
Facility Commission Administration, shall be used by the	125358
Chancellor of the Board of Regents for operating expenses related	125359
to the Chancellor of the Board of Regents' support of the	125360
activities of the Ohio Higher Educational Facility Commission.	125361
Upon the request of the Chancellor, the Director of Budget and	125362
Management may transfer up to $29,100 cash in each fiscal year	125363
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	125364
Administration Fund (Fund 4E80).	125365

Section 363.500. NURSING LOAN PROGRAM

125366

The foregoing appropriation item 235606, Nursing Loan	125367
Program, shall be used to administer the nurse education	125368
assistance program. Up to $50,000 in each fiscal year may be used	125369
for operating expenses associated with the program. Any additional	125370
funds needed for the administration of the program are subject to	125371
Controlling Board approval.	125372

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

125373

Of the foregoing appropriation item 235674, Telecommunity and	125374
Distance Learning, up to $25,000 in each fiscal year shall be	125375
distributed by the Chancellor of the Board of Regents on a grant	125376
basis to eligible school districts to establish "distance	125377
learning" through interactive video technologies in the school	125378
district. Per agreements with eight Ohio local telephone	125379
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	125380
Telephone Company, Cincinnati Bell Telephone Company, Orwell	125381
Telephone Company, Sprint North Central Telephone, VERIZON, and	125382
Western Reserve Telephone Company, school districts are eligible	125383
for funds if they are within one of the listed telephone company	125384
service areas. Funds to administer the program shall be expended	125385
by the Chancellor of the Board of Regents up to the amount	125386
specified in the agreements with the listed telephone companies.	125387

Within thirty days after the effective date of this section,	125388
the Director of Budget and Management shall transfer to Fund 4X10	125389
in the State Special Revenue Fund Group any investment earnings	125390
from moneys paid by any telephone company as part of any	125391
settlement agreement between the listed companies and the Public	125392
Utilities Commission in fiscal years 1996 and beyond.	125393

Of the foregoing appropriation item 235674, Telecommunity and	125394
Distance Learning, up to $24,150 in each fiscal year shall be	125395
distributed by the Chancellor of the Board of Regents on a grant	125396
basis to eligible school districts to establish "distance	125397
learning" in the school district. Per an agreement with Ameritech,	125398
school districts are eligible for funds if they are within an	125399
Ameritech service area. Funds to administer the program shall be	125400
expended by the Chancellor of the Board of Regents up to the	125401
amount specified in the agreement with Ameritech.	125402

Within thirty days after the effective date of this section,	125403
the Director of Budget and Management shall transfer to Fund 4X10	125404
in the State Special Revenue Fund Group any investment earnings	125405
from moneys paid by any telephone company as part of a settlement	125406
agreement between the company and the Public Utilities Commission	125407
in fiscal year 1995.	125408

Section 363.520. VETERANS PREFERENCES

125409

The Chancellor of the Board of Regents shall work with the	125410
Department of Veterans Services to develop specific veterans	125411
preference guidelines for higher education institutions. These	125412
guidelines shall ensure that the institutions' hiring practices	125413
are in accordance with the intent of Ohio's veterans preference	125414
laws.	125415

Section 363.530. STATE NEED-BASED FINANCIAL AID	125416
RECONCILIATION	125417

By the first day of August in each fiscal year, or as soon as	125418
possible thereafter, the Chancellor of the Board of Regents shall	125419
certify to the Director of Budget and Management the amount	125420
necessary to pay any outstanding prior year obligations to higher	125421
education institutions for the state's need-based financial aid	125422
programs. The amounts certified are hereby appropriated to	125423
appropriation item 235618, State Need-based Financial Aid	125424
Reconciliation, from revenues received in the State Need-based	125425
Financial Aid Reconciliation Fund (Fund 5Y50).	125426

Section 363.540. (A) As used in this section:

125427

(1) "Board of trustees" includes the managing authority of a	125428
university branch district.	125429

(2) "State institution of higher education" has the same	125430
meaning as in section 3345.011 of the Revised Code.	125431

(B) The board of trustees of any state institution of higher	125432
education, notwithstanding any rule of the institution to the	125433
contrary, may adopt a policy providing for mandatory furloughs of	125434
employees, including faculty, to achieve spending reductions	125435
necessitated by institutional budget deficits.	125436

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

125437

The Chancellor of the Board of Regents shall establish an	125438
efficiency advisory committee for the purpose of generating	125439
optimal efficiency plans for campuses, identifying shared services	125440
opportunities, and sharing best practices. The efficiency advisory	125441
committee shall also attempt to reduce the cost of textbooks and	125442
other education resource materials. The committee shall meet at	125443
the call of the Chancellor or the Chancellor's designee, but at	125444
least quarterly. Each state institution of higher education shall	125445
designate an employee to serve as its efficiency officer	125446
responsible for the evaluation and improvement of operational	125447
efficiencies on campus. Each efficiency officer shall serve on the	125448
efficiency advisory committee.	125449

By December 31 of each year, the Efficiency Advisory	125450
Committee shall provide a report to the Office of Budget and	125451
Management, the Governor, and the General Assembly compiling the	125452
operational efficiency plans for all institutions of higher	125453
education and benchmarking efficiency gains realized over the	125454
preceding year and progress in implementing the prior year's	125455
efficiency plan. The report shall also be made available to the	125456
public on the Ohio Board of Regents web site.	125457

Section 363.570. (A) FUND ABOLITION

125458

On July 1, 2013, or as soon as possible thereafter, the	125459
Director of Budget and Management shall transfer the cash balance	125460
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	125461
Distance Learning Fund (Fund 4X10). Upon completion of the	125462
transfer, the eTech Ohio Telecommunity Education Fund (Fund	125463
4W90)is hereby abolished.	125464

(B) ETECH OHIO COMMISSION ABOLISHMENT AND APPROPRIATION LINE	125465
ITEM TRANSFER	125466

Effective July 1, 2013, the Director of Budget and Management	125467
shall cancel any existing encumbrances against appropriation item	125468
935401, Statehouse News Bureau, and re-establish them against	125469
appropriation item 235478, Statehouse News Bureau. The	125470
re-established encumbrance amounts are hereby appropriated. Any	125471
business commenced but not completed under appropriation item	125472
935401, Statehouse News Bureau, by July 1, 2013, shall be	125473
completed under appropriation item 235478, Statehouse News Bureau,	125474
in the same manner and with the same effect as if it were	125475
completed with regard to appropriation item 935401, Statehouse	125476
News Bureau.	125477

Effective July 1, 2013, the Director of Budget and Management	125478
shall cancel any existing encumbrances against appropriation item	125479
935402, Ohio Government Telecommunications Services, and	125480
re-establish them against appropriation item 235479, Ohio	125481
Government Telecommunications Services. The re-established	125482
encumbrance amounts are hereby appropriated. Any business	125483
commenced but not completed under appropriation item 935402, Ohio	125484
Government Telecommunications Services, by July 1, 2013, shall be	125485
completed under appropriation item 235479, Ohio Government	125486
Telecommunications Services, in the same manner and with the same	125487
effect as if it were completed with regard to appropriation item	125488
935402, Ohio Government Telecommunications Services.	125489

Effective July 1, 2013, the Director of Budget and Management	125490
shall cancel any existing encumbrances against appropriation item	125491
935408, General Operations, and re-establish them, as determined	125492
to be appropriate by the Director of Budget and Management,	125493
against appropriation item 235480, General Technology Operations.	125494
The re-established encumbrance amounts are hereby appropriated.	125495
Any business commenced but not completed under appropriation item	125496
935408, General Operations, by July 1, 2013, shall be completed,	125497
as determined to be appropriate by the Director of Budget and	125498
Management, under appropriation item 235480, General Technology	125499
Operations, in the same manner and with the same effect as if it	125500
were completed with regard to appropriation item 935408, General	125501
Operations.	125502

Effective July 1, 2013, the Director of Budget and Management	125503
shall cancel any existing encumbrances against appropriation item	125504
935409, Technology Operations, and re-establish them against	125505
appropriation item 235481, Technology Operations. The	125506
re-established encumbrance amounts are hereby appropriated. Any	125507
business commenced but not completed under appropriation item	125508
935409, Technology Operations, by July 1, 2013, shall be completed	125509
under appropriation item 235481, Technology Operations, in the	125510
same manner and with the same effect as if it were completed with	125511
regard to appropriation item 935409, Technology Operations.	125512

Effective July 1, 2013, the Director of Budget and Management	125513
shall cancel any existing encumbrances against appropriation item	125514
935410, Content Development, Acquisition, and Distribution, and	125515
re-establish them, as determined to be appropriate by the Director	125516
of Budget and Management, against appropriation item 235482,	125517
Content Development, Acquisition, and Distribution. The	125518
re-established encumbrance amounts are hereby appropriated. Any	125519
business commenced but not completed under appropriation item	125520
935410, Content Development, Acquisition, and Distribution, by	125521
July 1, 2013, shall be completed, as determined to be appropriate	125522
by the Director of Budget and Management, under appropriation item	125523
235482, Content Development, Acquisition, and Distribution, in the	125524
same manner and with the same effect as if it were completed with	125525
regard to appropriation item 935410, Content Development,	125526
Acquisition, and Distribution.	125527

Effective July 1, 2013, the Director of Budget and Management	125528
shall cancel any existing encumbrances against appropriation item	125529
935411, Technology Integration and Professional Development, and	125530
re-establish them, as determined to be appropriate by the Director	125531
of Budget and Management, against appropriation item 235483,	125532
Technology Integration and Professional Development. The	125533
re-established encumbrance amounts are hereby appropriated. Any	125534
business commenced but not completed under appropriation item	125535
935411, Technology Integration and Professional Development, by	125536
July 1, 2013, shall be completed, as determined to be appropriate	125537
by the Director of Budget and Management, under appropriation item	125538
235483, Technology Integration and Professional Development, in	125539
the same manner and with the same effect as if it were completed	125540
with regard to appropriation item 935411, Technology Integration	125541
and Professional Development.	125542

Effective July 1, 2013, the Director of Budget and Management	125543
shall cancel any existing encumbrances against appropriation item	125544
935412, Information Technology, and re-establish them against	125545
appropriation item 235484, Information Technology. The	125546
re-established encumbrance amounts are hereby appropriated. Any	125547
business commenced but not completed under appropriation item	125548
935412, Information Technology, by July 1, 2013, shall be	125549
completed under appropriation item 235484, Information Technology,	125550
in the same manner and with the same effect as if it were	125551
completed with regard to appropriation item 935412, Information	125552
Technology.	125553

Effective July 1, 2013, the Director of Budget and Management	125554
shall cancel any existing encumbrances against appropriation item	125555
935603, Affiliate Services, and re-establish them against	125556
appropriation item 235679, Affiliate Services. The re-established	125557
encumbrance amounts are hereby appropriated. Any business	125558
commenced but not completed under appropriation item 935603,	125559
Affiliate Services, by July 1, 2013, shall be completed under	125560
appropriation item 235679, Affiliate Services, in the same manner	125561
and with the same effect as if it were completed with regard to	125562
appropriation item 935603, Affiliate Services.	125563

Effective July 1, 2013, the Director of Budget and Management	125564
shall cancel any existing encumbrances against appropriation item	125565
935605, Government Television/Telecommunications Operating, and	125566
re-establish them against appropriation item 235680, Government	125567
Television/Telecommunications Operating. The re-established	125568
encumbrance amounts are hereby appropriated. Any business	125569
commenced but not completed under appropriation item 935605,	125570
Government Television/Telecommunications Operating, by July 1,	125571
2013, shall be completed under appropriation item 235680,	125572
Government Television/Telecommunications Operating, in the same	125573
manner and with the same effect as if it were completed with	125574
regard to appropriation item 935605, Government	125575
Television/Telecommunications Operating.	125576

Effective July 1, 2013, the Director of Budget and Management	125577
shall cancel any existing encumbrances against appropriation item	125578
935608, Media Services, and re-establish them against	125579
appropriation item 235676, Media Services. The re-established	125580
encumbrance amounts are hereby appropriated. Any business	125581
commenced but not completed under appropriation item 935608, Media	125582
Services, by July 1, 2013, shall be completed under appropriation	125583
item 235676, Media Services, in the same manner and with the same	125584
effect as if it were completed with regard to appropriation item	125585
935608, Media Services.	125586

Effective July 1, 2013, the Director of Budget and Management	125587
shall cancel any existing encumbrances against appropriation item	125588
935640, Conference/Special Purposes, and re-establish them against	125589
appropriation item 235675, Conference/Special Purposes. The	125590
re-established encumbrance amounts are hereby appropriated. Any	125591
business commenced but not completed under appropriation item	125592
935640, Conference/Special Purposes, by July 1, 2013, shall be	125593
completed under appropriation item 235675, Conference/Special	125594
Purposes, in the same manner and with the same effect as if it	125595
were completed with regard to appropriation item 935640,	125596
Conference/Special Purposes.	125597

Effective July 1, 2013, the Director of Budget and Management	125598
shall cancel any existing encumbrances against appropriation item	125599
935630, Telecommunity, and cancel any existing encumbrances	125600
against appropriation item 935634, Distance Learning, and	125601
re-establish them against appropriation item 235674, Telecommunity	125602
and Distance Learning. The re-established encumbrance amounts are	125603
hereby appropriated. Any business commenced but not completed	125604
under appropriation items 935630, Telecommunity, and 935634,	125605
Distance Learning, by July 1, 2013, shall be completed under	125606
appropriation item 235674, Telecommunity and Distance Learning, in	125607
the same manner and with the same effect as if it were completed	125608
with regard to appropriation items 935630, Telecommunity, and	125609
935634, Distance Learning.	125610

On July 1, 2013, or as soon as possible thereafter, the	125611
Director of Budget and Management shall cancel any existing	125612
capital appropriations and capital encumbrances of the former	125613
eTech Ohio Commission in the Higher Education Improvement Fund	125614
(Fund 7034), and re-establish them with the Chancellor of the	125615
Board of Regents in the Higher Education Improvement Fund (Fund	125616
7034). The re-established amounts are hereby appropriated.	125617

Effective July 1, 2013, notwithstanding any provision of the	125618
law to the contrary, the Director of Budget and Management may	125619
make budget changes made necessary by the transfer of the former	125620
eTech Ohio Commission to the Chancellor of the Board of Regents,	125621
if any, including administrative organization, program transfers,	125622
the creation of new funds, the transfer of state funds, the	125623
consolidation of funds, and the transfer of capital	125624
appropriations, as authorized by this section. The Director of	125625
Budget and Management may, if necessary, establish prior year	125626
encumbrances or parts of prior year encumbrances of the former	125627
eTech Ohio Commission with the Chancellor of the Board of Regents	125628
in the appropriate fund and appropriation item for the same	125629
purpose and for payment to the same vendor in fiscal year 2014 or	125630
fiscal year 2015. The established encumbrances plus any additional	125631
amounts determined to be necessary for the Chancellor of the Board	125632
of Regents to perform the operations and related management	125633
functions of the former eTech Ohio Commission are hereby	125634
appropriated.	125635

125636

There is hereby created the Ohio Broadcasting and Public	125637
Radio Advisory Board within the office of the Chancellor of the	125638
Board of Regents. All centralized broadcasting services, public	125639
television services, and public radio services currently provided	125640
by the eTech Ohio Commission North Star facility are hereby	125641
transferred to the Chancellor of the Board of Regents. The	125642
Chancellor of the Board of Regents shall select an Ohio	125643
Broadcasting and Public Radio Advisory Board comprised of four	125644
members who will advise the Chancellor on the direction and	125645
expenditure of funds. The Chancellor shall also appoint an	125646
Executive Director of the Ohio Broadcasting and Public Radio	125647
Advisory Board, who shall oversee the daily operations and staff	125648
of the North Star facility.	125649

(D) CONFERENCE OPERATION OFFICE

125650

Beginning in fiscal year 2014, the annual eTech Ohio	125651
Conference will be overseen by a Conference Operation Office	125652
comprised of employees of the Chancellor of the Board of Regents	125653
and Department of Education, including former employees of the	125654
eTech Ohio Commission transferred to the Chancellor of the Board	125655
of Regents and the Department of Education. The Office shall be	125656
responsible for conferences that focus on professional development	125657
in the education field, educational technology, distance learning,	125658
and other education topics pertinent to the State of Ohio.	125659

(E) ETECH ABOLISHMENT

125660

On and after July 1, 2013, the eTech Ohio Commission is	125661
hereby abolished and its duties, personnel, assets, and	125662
liabilities are transferred as provided in divisions (F) and (G)	125663
of this section.	125664

(F) TRANSFER OF RESPONSIBILITIES

125665

(1) On July 1, 2013, responsibility for administration of the	125666
state's educational telecommunications activities under sections	125667
3333.89, 3333.91, and 3333.92 and new section 3333.90 of the	125668
Revised Code and teacher professional development for implementing	125669
educational technology under section 3319.235 of the Revised Code	125670
are transferred from the former eTech Ohio Commission to the	125671
Chancellor of the Ohio Board of Regents. The Chancellor is	125672
thereupon and thereafter successor to, assumes the obligations of,	125673
and otherwise constitutes the continuation of the eTech Ohio	125674
Commission relating to the functions, assets, records, and	125675
obligations of the state regarding those matters.	125676

All other functions of the former eTech Ohio Commission are	125677
discontinued.	125678

(2) Any business commenced but not completed by the former	125679
eTech Ohio Commission shall be completed by the Chancellor in the	125680
same manner, and with the same effect, as if completed by the	125681
eTech Ohio Commission. No validation, cure, right, privilege,	125682
remedy, obligation, or liability is lost or impaired by reason of	125683
the transfer, and shall be recognized, administered, performed, or	125684
enforced by the Chancellor.	125685

(3) All of the rules of the former eTech Ohio Commission	125686
continue in effect as rules of the Chancellor, until amended or	125687
rescinded by the Chancellor.	125688

(4) No judicial or administrative action or proceeding in	125689
which the former eTech Ohio Commission is a party, that is pending	125690
on the effective date of this section, is affected by the	125691
transfer. Such action or proceeding shall be prosecuted or	125692
defended in the name of the Chancellor. On application to the	125693
court or other tribunal, the Chancellor of the Ohio Board of	125694
Regents shall be substituted for the eTech Ohio Commission as a	125695
party to such action or proceeding.	125696

(5) Subject to the lay-off provisions of sections 124.321 to	125697
124.328, section 3301.41, and division (C) of new section 3333.90	125698
of the Revised Code, all employees of the former eTech Ohio	125699
Commission continue with the Chancellor or with the Department of	125700
Education and retain their positions and all benefits accruing	125701
thereto. The Chancellor, the Superintendent of Public Instruction,	125702
and the Director of the Office of Budget and Management shall	125703
jointly determine which employees continue with the Chancellor and	125704
which continue with the Department.	125705

(6) All books, records, documents, files, transcripts,	125706
equipment, furniture, supplies, and other materials assigned to or	125707
in the possession of the former eTech Ohio Commission shall be	125708
transferred to the Chancellor.	125709

(G) TRANSFER OF CAPITAL DUTIES

125710

As of July 1, 2013, the Chancellor of the Board of Regents	125711
shall succeed to and have and perform all fiduciary duties and	125712
responsibilities previously held by the Director of eTech Ohio for	125713
all outstanding capital appropriations designated for use by eTech	125714
Ohio.	125715

(H) EDUCATIONAL TELECOMMUNICATIONS RESPONSIBILITIES

125716

(1) Beginning July 1, 2013, the Chancellor of the Ohio Board	125717
of Regents shall do all of the following regarding the management	125718
and oversight of the state's educational telecommunications	125719
activities:	125720

(a) Own or operate transmission facilities and	125721
interconnection facilities, or contract for transmission	125722
facilities and interconnection facilities, for an educational	125723
television, radio, or radio reading service network;	125724

(b) Establish standards for interconnection facilities used	125725
by the Chancellor in the transmission of educational television,	125726
radio, or radio reading service programming;	125727

(c) Enter into agreements with noncommercial educational	125728
television or radio broadcasting stations or radio reading	125729
services for the operation of the interconnection;	125730

(d) Enter into agreements with noncommercial educational	125731
television or radio broadcasting stations or radio reading	125732
services for the production and use of educational television,	125733
radio, or radio reading service programs to be transmitted by the	125734
educational telecommunications network;	125735

(e) Act as consultant with educational television and	125736
educational radio stations and radio reading services toward	125737
coordination within the state of the distribution of federal funds	125738
that may become available for equipment for educational	125739
broadcasting or radio reading services;	125740

(f) Make payments to noncommercial Ohio educational	125741
television or radio broadcasting stations or radio reading	125742
services to sustain the operation of such stations or services;	125743

(g) Execute contracts and other agreements necessary and	125744
desirable to carry out the purposes of this section.	125745

(2) Sections 9.331 to 9.335 and Chapters 123., 124., 125.,	125746
and 153. of the Revised Code do not apply to contracts, programs,	125747
projects, or activities of the Chancellor carried out under	125748
division (H)(1) of this section.	125749

(3) All employees of the former eTech Ohio Commission who	125750
transferred to the office of the Chancellor, as a result of the	125751
transfer to the Chancellor of the state's educational	125752
telecommunications activities by this section, and who when	125753
employed by that Commission or a predecessor agency were included	125754
in a bargaining unit established under Chapter 4117. of the	125755
Revised Code, shall continue to be included in that bargaining	125756
unit, are public employees as defined in section 4117.01 of the	125757
Revised Code, and may collectively bargain with the Chancellor in	125758
accordance with that chapter. Otherwise, any employee hired by the	125759
Chancellor on or after the effective date of this section, either	125760
to fill vacancies or to fill new positions related to the	125761
Chancellor's duties under this section, shall be exempt from	125762
Chapter 4117. of the Revised Code and shall not be public	125763
employees as defined in section 4117.01 of the Revised Code.	125764

Section 363.580. ELECTRONIC TEXTBOOK PILOT PROJECT

125765

(A) The Electronic Textbook Pilot Project is hereby	125766
established to provide grants on a competitive basis to public and	125767
chartered nonpublic schools to purchase electronic textbooks	125768
through the learning clearinghouse established in section 3333.81	125769
to 3333.88. The Electronic Textbook Pilot Project shall be	125770
administered by the Chancellor of the Board of Regents.	125771

(B) The Chancellor shall have the authority to set the grant	125772
criteria and to select grant recipients. In awarding grants under	125773
this section, the Chancellor shall establish the criteria for	125774
determining which applicants will be considered a priority for	125775
receiving grant funds.	125776

(C) Not later than January 31, 2014, the Chancellor shall	125777
issue a request for proposals from eligible schools.	125778

(D) Not later than May 31, 2014, the Chancellor shall award	125779
grants for use during the 2014-2015 school year.	125780

(E) The Chancellor and Superintendent of Public Instruction	125781
jointly shall notify schools of and promote participation in the	125782
pilot project.	125783

(F) Not later than December 31, 2015, the Chancellor shall	125784
submit to the Governor and the General Assembly, in accordance	125785
with section 101.68 of the Revised Code, a formative evaluation of	125786
the implementation and results of the pilot project and	125787
legislative recommendations for any changes in the pilot project.	125788

(G) The number of grants awarded under this section shall not	125789
exceed the number that can be funded with appropriations made by	125790
the General Assembly for this purpose.	125791

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	125792
CORRECTION	125793

General Revenue Fund	125794

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	125795
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	125796
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	125797
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	125798
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	125799
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	125800
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	125801
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	125802
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	125803
GRF	505321	Institution Medical Services	$	243,289,774	$	254,139,452	125804
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	125805
TOTAL GRF General Revenue Fund			$	1,496,839,928	$	1,497,794,707	125806

General Services Fund Group	125807

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	125808
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	125809
4830	501605	Property Receipts	$	582,086	$	582,086	125810
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	125811
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	125812
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	125813
4S50	501608	Education Services	$	4,114,782	$	4,114,782	125814
5710	501606	Training Academy Receipts	$	125,000	$	125,000	125815
5930	501618	Laboratory Services	$	3,750,000	$	0	125816
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	125817
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	125818
5L60	501611	Information Technology Services	$	250,000	$	250,000	125819
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	125820

Federal Special Revenue Fund Group	125821

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	125822
TOTAL FED Federal Special Revenue							125823
Fund Group			$	7,132,943	$	7,132,943	125824

TOTAL ALL BUDGET FUND GROUPS

1,581,403,588

1,577,868,556

125825

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	125826
SENTENCING REFORMS	125827

For the purposes of implementing criminal sentencing reforms,	125828
and notwithstanding any other provision of law to the contrary,	125829
the Director of Budget and Management, at the request of the	125830
Director of Rehabilitation and Correction, may transfer up to	125831
$14,000,000 in appropriations, in each of fiscal years 2014 and	125832
2015, from appropriation item 501321, Institutional Operations, to	125833
any combination of appropriation items 501405, Halfway House;	125834
501407, Community Residential Programs; 501408, Community	125835
Misdemeanor Programs; and 501501, Community Residential Programs -	125836
CBCF.	125837

LEASE RENTAL PAYMENTS

125838

The foregoing appropriation item 501406, Lease Rental	125839
Payments, shall be used to meet all payments at the times they are	125840
required to be made during the period from July 1, 2013, through	125841
June 30, 2015, by the Department of Rehabilitation and Correction	125842
under the primary leases and agreements for those buildings made	125843
under Chapters 152. and 154. of the Revised Code. These	125844
appropriations are the source of funds pledged for bond service	125845
charges on related obligations issued under Chapters 152. and 154.	125846
of the Revised Code.	125847

OSU MEDICAL CHARGES

125848

Notwithstanding section 341.192 of the Revised Code, at the	125849
request of the Department of Rehabilitation and Correction, The	125850
Ohio State University Medical Center, including the Arthur G.	125851
James Cancer Hospital and Richard J. Solove Research Institute and	125852
the Richard M. Ross Heart Hospital, shall provide necessary care	125853
to persons who are confined in state adult correctional	125854
facilities. The provision of necessary care shall be billed to the	125855
Department at a rate not to exceed the authorized reimbursement	125856
rate for the same service established by the Department of	125857
Medicaid under the Medicaid Program.	125858

CORRECTIVE CASH TRANSFER

125859

At the request of the Director of Rehabilitation and	125860
Correction, the Director of Budget and Management may transfer an	125861
amount not to exceed $2,391 in cash that was mistakenly deposited	125862
in the Federal Grants Fund (Fund 3230) to the General Revenue	125863
Fund.	125864

Section 369.10. RCB RESPIRATORY CARE BOARD

125865

General Services Fund Group	125866

4K90	872609	Operating Expenses	$	547,576	$	542,246	125867
TOTAL GSF General Services							125868
Fund Group			$	547,576	$	542,246	125869
TOTAL ALL BUDGET FUND GROUPS			$	547,576	$	542,246	125870

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

125872

Special State Revenue Fund Group	125873

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		125874
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		125875

Volunteer Firefighters' Dependents Fund	125876

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	125877
TOTAL 085 Volunteer Firefighters'							125878
Dependents Fund			$	300,000	$	300,000	125879

Agency Fund Group	125880

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	125881
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	125882
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	125883
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	125884
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	125885
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	125886
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	125887
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	125888
TOTAL AGY Agency Fund Group			$	2,751,928,301	$	2,863,731,326	125889

Holding Account Redistribution	125890

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	125891
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	125892
Revenue Distribution Fund Group							125893
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	125894
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	125895
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	125896
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	125897
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	125898
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	125899
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	125900
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	125901
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	125902
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	125903
7082	110982	Horse Racing Tax	$	100,000	$	100,000	125904
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	125905
TOTAL RDF Revenue Distribution							125906
Fund Group			$	1,873,899,000	$	1,857,799,000	125907
TOTAL ALL BUDGET FUND GROUPS			$	4,824,132,626	$	4,930,808,268	125908

ADDITIONAL APPROPRIATIONS

125909

Appropriation items in this section shall be used for the	125910
purpose of administering and distributing the designated revenue	125911
distribution funds according to the Revised Code. If it is	125912
determined that additional appropriations are necessary for this	125913
purpose, such amounts are hereby appropriated.	125914

GENERAL REVENUE FUND TRANSFERS

125915

Notwithstanding any provision of law to the contrary, in	125916
fiscal year 2014 and fiscal year 2015, the Director of Budget and	125917
Management may transfer from the General Revenue Fund to the Local	125918
Government Tangible Property Tax Replacement Fund (Fund 7081) in	125919
the Revenue Distribution Fund Group, those amounts necessary to	125920
reimburse local taxing units under section 5751.22 of the Revised	125921
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	125922
of Budget and Management may make temporary transfers from the	125923
General Revenue Fund to ensure sufficient balances in the Local	125924
Government Tangible Property Tax Replacement Fund (Fund 7081) and	125925
to replenish the General Revenue Fund for such transfers.	125926

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

125927

General Services Fund Group	125928

4K90	893609	Operating Expenses	$	137,850	$	129,850	125929
TOTAL GSF General Services							125930
Fund Group			$	137,850	$	129,850	125931
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	125932

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

125934

General Revenue Fund	125935

GRF	226321		Operations		$	7,278,579		$	7,278,579		125936
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		125937

General Services Fund Group	125938

4H80	226602	Education Reform Grants	$	27,000	$	27,000	125939
TOTAL GSF General Services							125940
Fund Group			$	27,000	$	27,000	125941

Federal Special Revenue Fund Group	125942

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	125943
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	125944
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	125945
TOTAL FED Federal Special							125946
Revenue Fund Group			$	3,227,104	$	3,227,104	125947

State Special Revenue Fund Group	125948

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	125949
TOTAL SSR State Special Revenue							125950
Fund Group			$	461,521	$	461,521	125951
TOTAL ALL BUDGET FUND GROUPS			$	10,994,204	$	10,994,204	125952

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

125954

General Revenue Fund	125955

GRF	221321		Operations		$	8,727,657		$	8,727,657		125956
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		125957

General Services Fund Group	125958

4M10	221602	Education Reform Grants	$	35,000	$	35,000	125959
TOTAL GSF General Services							125960
Fund Group			$	35,000	$	35,000	125961

Federal Special Revenue Fund Group	125962

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	125963
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	125964
TOTAL FED Federal Special							125965
Revenue Fund Group			$	2,188,245	$	2,188,245	125966

State Special Revenue Fund Group	125967

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	125968
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	125969
TOTAL SSR State Special Revenue							125970
Fund Group			$	130,000	$	130,000	125971
TOTAL ALL BUDGET FUND GROUPS			$	11,080,902	$	11,080,902	125972

Section 381.10. SOS SECRETARY OF STATE

125974

General Revenue Fund	125975

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	125976
GRF	050407	Pollworkers Training	$	234,196	$	234,196	125977
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	125978

General Services Fund Group	125979

4120	050609	Notary Commission	$	475,000	$	475,000	125980
4130	050601	Information Systems	$	49,000	$	49,000	125981
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	125982
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	125983
TOTAL General Services Fund Group			$	611,200	$	611,200	125984

Federal Special Revenue Fund Group	125985

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	125986
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	125987
TOTAL FED Federal Special Revenue							125988
Fund Group			$	2,010,000	$	2,010,000	125989

State Special Revenue Fund Group	125990

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	125991
TOTAL SSR State Special Revenue							125992
Fund Group			$	14,385,400	$	14,385,400	125993

Holding Account Redistribution Fund Group	125994

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	125995
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	125996
TOTAL 090 Holding Account							125997
Redistribution Fund Group			$	115,000	$	115,000	125998
TOTAL ALL BUDGET FUND GROUPS			$	19,499,826	$	19,499,826	125999

POLLWORKER TRAINING

126000

The foregoing appropriation item 050407, Pollworkers	126001
Training, shall be used to reimburse county boards of elections	126002
for pollworker training pursuant to section 3501.27 of the Revised	126003
Code. At the end of fiscal year 2014, an amount equal to the	126004
unexpended, unencumbered portion of appropriation item 050407,	126005
Pollworkers Training, is hereby reappropriated in fiscal year 2015	126006
for the same purpose.	126007

BOARD OF VOTING MACHINE EXAMINERS

126008

The foregoing appropriation item 050610, Board of Voting	126009
Machine Examiners, shall be used to pay for the services and	126010
expenses of the members of the Board of Voting Machine Examiners,	126011
and for other expenses that are authorized to be paid from the	126012
Board of Voting Machine Examiners Fund, which is created in	126013
section 3506.05 of the Revised Code. Moneys not used shall be	126014
returned to the person or entity submitting equipment for	126015
examination. If it is determined that additional appropriations	126016
are necessary, such amounts are hereby appropriated.	126017

HAVA FUNDS

126018

An amount equal to the unexpended, unencumbered portion of	126019
appropriation item 050614, Election Reform/Health and Human	126020
Services, at the end of fiscal year 2014 is reappropriated for the	126021
same purpose in fiscal year 2015.	126022

An amount equal to the unexpended, unencumbered portion of	126023
appropriation item 050616, Help America Vote Act (HAVA), at the	126024
end of fiscal year 2014 is reappropriated for the same purpose in	126025
fiscal year 2015.	126026

The Director of Budget and Management shall credit the	126027
ongoing interest earnings from the Election Reform/Health and	126028
Human Services Fund (Fund 3AH0) and the Help America Vote Act	126029
(HAVA) (Fund 3AS0) to the respective funds and distribute these	126030
earnings in accordance with the terms of the grant under which the	126031
money is received.	126032

MISCELLANEOUS FEDERAL GRANTS

126033

On July 1, 2013, or as soon as possible thereafter, the	126034
Director of Budget and Management shall transfer from the General	126035
Revenue Fund (GRF) all investment earnings and amounts equal to	126036
the interest earnings that were attributable to the Miscellaneous	126037
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	126038
2013. The Director of Budget and Management shall credit the	126039
ongoing interest earnings from Fund 3FM0 to that fund and	126040
distribute these earnings in accordance with the terms of the	126041
grant under which the money was received.	126042

HOLDING ACCOUNT REDISTRIBUTION GROUP

126043

The foregoing appropriation items 050605, Uniform Commercial	126044
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	126045
be used to hold revenues until they are directed to the	126046
appropriate accounts or until they are refunded. If it is	126047
determined that additional appropriations are necessary, such	126048
amounts are hereby appropriated.	126049

Section 383.10. SEN THE OHIO SENATE

126050

General Revenue Fund	126051

GRF	020321		Operating Expenses		$	11,947,822		$	11,947,822		126052
TOTAL GRF General Revenue Fund					$	11,947,822		$	11,947,822		126053

General Services Fund Group	126054

1020	020602	Senate Reimbursement	$	852,001	$	852,001	126055
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	126056
TOTAL GSF General Services							126057
Fund Group			$	886,498	$	886,498	126058
TOTAL ALL BUDGET FUND GROUPS			$	12,834,320	$	12,834,320	126059

OPERATING EXPENSES

126060

On July 1, 2013, or as soon as possible thereafter, the Clerk	126061
of the Senate may certify to the Director of Budget and Management	126062
the amount of the unexpended, unencumbered balance of the	126063
foregoing appropriation item 020321, Operating Expenses, at the	126064
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	126065
The amount certified is hereby reappropriated to the same	126066
appropriation item for fiscal year 2014.	126067

On July 1, 2014, or as soon as possible thereafter, the Clerk	126068
of the Senate may certify to the Director of Budget and Management	126069
the amount of the unexpended, unencumbered balance of the	126070
foregoing appropriation item 020321, Operating Expenses, at the	126071
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	126072
The amount certified is hereby reappropriated to the same	126073
appropriation item for fiscal year 2015.	126074

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

126075

General Revenue Fund	126076

GRF	866321		CSV Operations		$	286,661		$	294,072		126077
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		126078

General Services Fund	126079

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		126080
TOTAL GSF General Services Fund					$	30,000		$	30,000		126081

Federal Special Revenue Fund Group	126082

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	126083
TOTAL FED Federal Special Revenue							126084
Fund Group			$	7,447,000	$	7,447,000	126085
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	126086

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

126088

Debt Service Fund Group	126089

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	126090
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	126091
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	126092
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	126093
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	126094
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	126095
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	126096
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	126097
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	126098
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	126099
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	126100
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	126101

ADDITIONAL APPROPRIATIONS

126102

Appropriation items in this section are for the purpose of	126103
paying debt service and financing costs on bonds or notes of the	126104
state issued under the Ohio Constitution and acts of the General	126105
Assembly. If it is determined that additional amounts are	126106
necessary for this purpose, such amounts are hereby appropriated.	126107

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	126108
DEVELOPMENT FOUNDATION	126109

Tobacco Master Settlement Agreement Fund Group	126110

5M90	945601	Operating Expenses	$	426,800	$	426,800	126111
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	426,800	$	426,800	126112
TOTAL ALL BUDGET FUND GROUPS			$	426,800	$	426,800	126113

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	126115
AUDIOLOGY	126116

General Services Fund Group	126117

4K90	886609	Operating Expenses	$	472,260	$	508,660	126118
TOTAL GSF General Services							126119
Fund Group			$	472,260	$	508,660	126120
TOTAL ALL BUDGET FUND GROUPS			$	427,260	$	508,660	126121

Section 393.10. BTA BOARD OF TAX APPEALS

126123

General Revenue Fund	126124

GRF	116321	Operating Expenses	$	1,700,000	$	1,700,000	126125
TOTAL GRF General Revenue Fund			$	1,700,000	$	1,700,000	126126
TOTAL ALL BUDGET FUND GROUPS			$	1,700,000	$	1,700,000	126127

Section 395.10. TAX DEPARTMENT OF TAXATION

126129

General Revenue Fund	126130

GRF	110321	Operating Expenses	$	71,068,330	$	67,968,332	126131
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	126132
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	693,305,600	126133
TOTAL GRF General Revenue Fund			$	737,886,530	$	761,452,132	126134

General Services Fund Group	126135

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	126136
4330	110602	Tape File Account	$	175,000	$	175,000	126137
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	126138
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	126139
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	126140
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	126141
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	126142
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	126143
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	126144
TOTAL GSF General Services							126145
Fund Group			$	33,492,810	$	33,492,810	126146

State Special Revenue Fund Group	126147

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	126148
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	126149
4370	110606	Income Tax Contribution	$	38,800	$	38,800	126150
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	126151
4C60	110616	International Registration Plan	$	682,415	$	682,415	126152
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	126153
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	126154
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	126155
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	126156
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	126157
TOTAL SSR State Special Revenue							126158
Fund Group			$	36,287,450	$	36,987,450	126159

Agency Fund Group	126160

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	126161
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	126162
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	126163

Holding Account Redistribution Fund Group	126164

R010	110611	Tax Distributions	$	50,000	$	50,000	126165
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	126166
TOTAL 090 Holding Account							126167
Redistribution Fund Group			$	100,000	$	100,000	126168
TOTAL ALL BUDGET FUND GROUPS			$	2,375,566,790	$	2,399,832,392	126169

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

126170

The foregoing appropriation item 110901, Property Tax	126171
Allocation - Taxation, is hereby appropriated to pay for the	126172
state's costs incurred due to the Homestead Exemption, the	126173
Manufactured Home Property Tax Rollback, and the Property Tax	126174
Rollback. The Tax Commissioner shall distribute these funds	126175
directly to the appropriate local taxing districts, except for	126176
school districts, notwithstanding the provisions in sections	126177
321.24 and 323.156 of the Revised Code, which provide for payment	126178
of the Homestead Exemption, the Manufactured Home Property Tax	126179
Rollback, and Property Tax Rollback by the Tax Commissioner to the	126180
appropriate county treasurer and the subsequent redistribution of	126181
these funds to the appropriate local taxing districts by the	126182
county auditor.	126183

Upon receipt of these amounts, each local taxing district	126184
shall distribute the amount among the proper funds as if it had	126185
been paid as real property taxes. Payments for the costs of	126186
administration shall continue to be paid to the county treasurer	126187
and county auditor as provided for in sections 319.54, 321.26, and	126188
323.156 of the Revised Code.	126189

Any sums, in addition to the amounts specifically	126190
appropriated in appropriation item 110901, Property Tax Allocation	126191
- Taxation, for the Homestead Exemption, the Manufactured Home	126192
Property Tax Rollback, and the Property Tax Rollback payments,	126193
which are determined to be necessary for these purposes, are	126194
hereby appropriated.	126195

MUNICIPAL INCOME TAX

126196

The foregoing appropriation item 110995, Municipal Income	126197
Tax, shall be used to make payments to municipal corporations	126198
under section 5745.05 of the Revised Code. If it is determined	126199
that additional appropriations are necessary to make such	126200
payments, such amounts are hereby appropriated.	126201

TAX REFUNDS

126202

The foregoing appropriation item 110635, Tax Refunds, shall	126203
be used to pay refunds under section 5703.052 of the Revised Code.	126204
If it is determined that additional appropriations are necessary	126205
for this purpose, such amounts are hereby appropriated.	126206

INTERNATIONAL REGISTRATION PLAN AUDIT

126207

The foregoing appropriation item 110616, International	126208
Registration Plan, shall be used under section 5703.12 of the	126209
Revised Code for audits of persons with vehicles registered under	126210
the International Registration Plan.	126211

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

126212

Of the foregoing appropriation item 110607, Local Tax	126213
Administration, the Tax Commissioner may disburse funds, if	126214
available, for the purposes of paying travel expenses incurred by	126215
members of Ohio's delegation to the Streamlined Sales Tax Project,	126216
as appointed under section 5740.02 of the Revised Code. Any travel	126217
expense reimbursement paid for by the Department of Taxation shall	126218
be done in accordance with applicable state laws and guidelines.	126219

TOBACCO SETTLEMENT ENFORCEMENT

126220

The foregoing appropriation item 110404, Tobacco Settlement	126221
Enforcement, shall be used by the Tax Commissioner to pay costs	126222
incurred in the enforcement of divisions (F) and (G) of section	126223
5743.03 of the Revised Code.	126224

STARS DEVELOPMENT AND IMPLEMENTATION FUND

126225

The foregoing appropriation item 110638, STARS Development	126226
and Implementation Fund, shall be used to pay costs incurred in	126227
the development and implementation of the department's State Tax	126228
Accounting and Revenue System. The Director of Budget and	126229
Management, under a plan submitted by the Tax Commissioner, or as	126230
otherwise determined by the Director of Budget and Management,	126231
shall set a schedule to transfer cash from the Tax Reform System	126232
Implementation Fund, Local Tax Administration Fund, School	126233
District Income Tax Fund, Discovery Project Fund, and the Motor	126234
Fuel Tax Administration Fund to the credit of the STARS	126235
Development and Implementation Fund (Fund 5MN0). The transfers of	126236
cash shall not exceed $8,000,000 in the biennium.	126237

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

126238

General Revenue Fund	126239

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	126240
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	126241
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	126242
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	126243
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	126244

Section 399.10. TOS TREASURER OF STATE

126246

General Revenue Fund	126247

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	126248
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	126249
GRF	090402	Continuing Education	$	377,702	$	377,702	126250
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	126251
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	126252
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	126253
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	126254
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	126255

General Services Fund Group	126256

4E90	090603	Securities Lending Income	$	3,765,000	$	3,765,000	126257
5770	090605	Investment Pool Reimbursement	$	850,000	$	850,000	126258
5C50	090602	County Treasurer Education	$	170,057	$	170,057	126259
6050	090609	Treasurer of State Administrative Fund	$	835,000	$	835,000	126260
TOTAL GSF General Services							126261
Fund Group			$	5,620,057	$	5,620,057	126262

Agency Fund Group	126263

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	126264
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	126265
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	126266

Section 399.20. OFFICE OF THE SINKING FUND

126268

The foregoing appropriation item 090401, Office of the	126269
Sinking Fund, shall be used for costs incurred by or on behalf of	126270
the Commissioners of the Sinking Fund and the Ohio Public	126271
Facilities Commission with respect to State of Ohio general	126272
obligation bonds or notes, and the Treasurer of State with respect	126273
to State of Ohio general obligation and special obligation bonds	126274
or notes, including, but not limited to, printing, advertising,	126275
delivery, rating fees and the procurement of ratings, professional	126276
publications, membership in professional organizations, and other	126277
services referred to in division (D) of section 151.01 of the	126278
Revised Code. The General Revenue Fund shall be reimbursed for	126279
such costs relating to the issuance and administration of Highway	126280
Capital Improvement bonds or notes authorized under Ohio	126281
Constitution, Article VIII, Section 2m and Chapter 151. of the	126282
Revised Code. That reimbursement shall be made from appropriation	126283
item 155902, Highway Capital Improvement Bond Retirement Fund, by	126284
intrastate transfer voucher pursuant to a certification by the	126285
Office of the Sinking Fund of the actual amounts used. The amounts	126286
necessary to make such a reimbursement are hereby appropriated	126287
from the Highway Capital Improvement Bond Retirement Fund created	126288
in section 151.06 of the Revised Code.	126289

POLICE AND FIRE DEATH BENEFIT FUND

126290

The foregoing appropriation item 090575, Police and Fire	126291
Death Benefits, shall be disbursed quarterly by the Treasurer of	126292
State at the beginning of each quarter of each fiscal year to the	126293
Board of Trustees of the Ohio Police and Fire Pension Fund. The	126294
Treasurer of State shall certify such amounts quarterly to the	126295
Director of Budget and Management. By the twentieth day of June of	126296
each fiscal year, the Board of Trustees of the Ohio Police and	126297
Fire Pension Fund shall certify to the Treasurer of State the	126298
amount disbursed in the current fiscal year to make the payments	126299
required by section 742.63 of the Revised Code and shall return to	126300
the Treasurer of State moneys received from this appropriation	126301
item but not disbursed.	126302

TAX REFUNDS

126303

The foregoing appropriation item 090635, Tax Refunds, shall	126304
be used to pay refunds under section 5703.052 of the Revised Code.	126305
If the Director of Budget and Management determines that	126306
additional amounts are necessary for this purpose, such amounts	126307
are hereby appropriated.	126308

Section 401.10. VTO VETERANS' ORGANIZATIONS

126309

General Revenue Fund	126310

VAP AMERICAN EX-PRISONERS OF WAR	126311

GRF

743501

State Support

28,910

126312

VAN ARMY AND NAVY UNION, USA, INC.	126313

GRF

746501

State Support

63,539

126314

VKW KOREAN WAR VETERANS	126315

GRF

747501

State Support

57,118

126316

VJW JEWISH WAR VETERANS	126317

GRF

748501

State Support

34,321

126318

VCW CATHOLIC WAR VETERANS	126319

GRF

749501

State Support

66,978

126320

VPH MILITARY ORDER OF THE PURPLE HEART	126321

GRF

750501

State Support

65,116

126322

VVV VIETNAM VETERANS OF AMERICA	126323

GRF

751501

State Support

214,776

126324

VAL AMERICAN LEGION OF OHIO	126325

GRF

752501

State Support

349,189

126326

VII AMVETS	126327

GRF

753501

State Support

332,547

126328

VAV DISABLED AMERICAN VETERANS	126329

GRF

754501

State Support

249,836

126330

VMC MARINE CORPS LEAGUE	126331

GRF

756501

State Support

133,947

126332

V37 37TH DIVISION VETERANS' ASSOCIATION	126333

GRF

757501

State Support

6,868

126334

VFW VETERANS OF FOREIGN WARS	126335

GRF

758501

State Support

284,841

126336

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		126337
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		126338

RELEASE OF FUNDS

126339

The Director of Budget and Management may release the	126340
foregoing appropriation items 743501, 746501, 747501, 748501,	126341
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	126342
and 758501, State Support.	126343

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

126344

General Revenue Fund	126345

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	126346
GRF	900402	Hall of Fame	$	107,075	$	107,075	126347
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	126348
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	126349
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	126350

General Services Fund Group	126351

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		126352
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		126353

Federal Special Revenue Fund Group	126354

3680	900614	Veterans Training	$	684,017	$	697,682	126355
3740	900606	Troops to Teachers	$	111,822	$	111,879	126356
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	126357
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	126358
TOTAL FED Federal Special Revenue							126359
Fund Group			$	27,933,629	$	28,693,984	126360

State Special Revenue Fund Group	126361

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	126362
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	126363
TOTAL SSR State Special Revenue							126364
Fund Group			$	11,018,315	$	11,296,794	126365

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	126366

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	126367
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	126368
TOTAL 041 Persian Gulf,							126369
Afghanistan, and Iraq							126370
Compensation Fund Group			$	15,238,703	$	10,029,709	126371
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	126372

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	126373
OBLIGATION DEBT SERVICE	126374

The foregoing appropriation item 900901, Persian Gulf,	126375
Afghanistan and Iraq Compensation Debt Service, shall be used to	126376
pay all debt service and related financing costs during the period	126377
from July 1, 2013, through June 30, 2015, on obligations issued	126378
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	126379
purposes under sections 151.01 and 151.12 of the Revised Code.	126380

Section 405.10. DVM STATE VETERINARY MEDICAL BOARD

126381

General Services Fund Group	126382

4K90	888609	Operating Expenses	$	337,432	$	331,695	126383
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	126384
TOTAL GSF General Services							126385
Fund Group			$	367,432	$	361,695	126386
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	126387

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

126389

General Revenue Fund	126390

GRF	470401	RECLAIM Ohio	$	166,862,228	$	166,862,228	126391
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	126392
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	126393
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	126394
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	126395
TOTAL GRF General Revenue Fund			$	231,548,263	$	233,323,163	126396

General Services Fund Group	126397

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	126398
4790	470609	Employee Food Service	$	125,000	$	125,000	126399
4A20	470602	Child Support	$	250,000	$	250,000	126400
4G60	470605	General Operational Funds	$	115,000	$	115,000	126401
5BN0	470629	E-Rate Program	$	525,000	$	525,000	126402
TOTAL GSF General Services							126403
Fund Group			$	4,965,000	$	4,615,000	126404

Federal Special Revenue Fund Group	126405

3210	470601	Education	$	1,480,740	$	1,203,272	126406
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	126407
3210	470606	Nutrition	$	1,033,947	$	1,033,947	126408
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	126409
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	126410
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	126411
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	126412
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	126413
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	126414
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	126415
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	126416
TOTAL FED Federal Special Revenue							126417
Fund Group			$	11,605,207	$	8,272,767	126418

State Special Revenue Fund Group	126419

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	126420
TOTAL SSR State Special Revenue							126421
Fund Group			$	1,795,000	$	1,795,000	126422
TOTAL ALL BUDGET FUND GROUPS			$	249,913,470	$	248,005,930	126423

COMMUNITY PROGRAMS

126424

For purposes of improving community programs, and	126425
notwithstanding any provision of law to the contrary, of the	126426
foregoing appropriation item 470401, RECLAIM Ohio, the Department	126427
of Youth Services shall use $8,813,811 in each fiscal year to	126428
expand Targeted RECLAIM, the Behavioral Health Juvenile Justice	126429
Initiative, and other evidence-based community programs.	126430

For purposes of implementing juvenile sentencing reforms, and	126431
notwithstanding any provision of law to the contrary, the	126432
Department of Youth Services may use up to forty-five per cent of	126433
the unexpended, unencumbered balance of the portion of	126434
appropriation item 470401, RECLAIM Ohio, that is allocated to	126435
juvenile correctional facilities in each fiscal year to expand	126436
Targeted RECLAIM, the Behavioral Health Juvenile Justice	126437
Initiative, and other evidence-based community programs.	126438

LEASE RENTAL PAYMENTS

126439

The foregoing appropriation item 470412, Lease Rental	126440
Payments, shall be used to meet all payments at the times they are	126441
required to be made for the period from July 1, 2013, through June	126442
30, 2015, by the Department of Youth Services under the leases and	126443
agreements for facilities made under Chapters 152. and 154. of the	126444
Revised Code. This appropriation is the source of funds pledged	126445
for bond service charges on related obligations issued under	126446
Chapters 152. and 154. of the Revised Code.	126447

EDUCATION REIMBURSEMENT

126448

The foregoing appropriation item 470613, Education	126449
Reimbursement, shall be used to fund the operating expenses of	126450
providing educational services to youth supervised by the	126451
Department of Youth Services. Operating expenses include, but are	126452
not limited to, teachers' salaries, maintenance costs, and	126453
educational equipment. This appropriation item may be used for	126454
capital expenses related to the education program.	126455

EMPLOYEE FOOD SERVICE AND EQUIPMENT

126456

Notwithstanding section 125.14 of the Revised Code, the	126457
foregoing appropriation item 470609, Employee Food Service, may be	126458
used to purchase any food operational items with funds received	126459
into the fund from reimbursements for state surplus property.	126460

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

126461

In collaboration with the county family and children first	126462
council, the juvenile court of that county that receives	126463
allocations from one or both of the foregoing appropriation items	126464
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	126465
portions of those allocations to a flexible funding pool as	126466
authorized by the section of Am. Sub. H.B. 153 of the 129th	126467
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	126468
FUNDING POOL."	126469

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	126470
EVALUATION	126471

The Office of Health Transformation shall convene a team	126472
comprised of the Department of Youth Services, the Department of	126473
Medicaid, the Department of Job and Family Services, the	126474
Department of Health, and the Department of Mental Health and	126475
Addiction Services. The team shall evaluate the feasibility of	126476
implementing a trauma screening tool for high-risk youth and	126477
create a report with the following information: (A) the	126478
recommended trauma screening tool to be used to evaluate high-risk	126479
youth; (B) training in the administration of the recommended tool;	126480
(C) screening protocols; (D) the persons to whom the recommended	126481
tool should apply; and (E) the implications for treatment. The	126482
report shall be completed by December 1, 2013, and shall be	126483
distributed to the Governor. The Department of Youth Services may	126484
receive funds for piloting the recommended tool in detention	126485
centers.	126486

Section 501.20. All items set forth in this section are	126487
hereby appropriated for the biennium ending on June 30, 2015, out	126488
of any moneys in the state treasury to the credit of the	126489
Administrative Building Fund (Fund 7026) that are not otherwise	126490
appropriated.	126491

Appropriations

TOS TREASURER OF STATE	126492

C09001	Treasury Management System	$	10,000,000	126493
TOTAL Treasurer of State		$	10,000,000	126494
TOTAL Administrative Building Fund		$	10,000,000	126495

The foregoing appropriation item C09001, Treasury Management	126496
System, shall be used to pay costs incurred in the implementation	126497
of the Treasury Management System pursuant to Chapter 125. of the	126498
Revised Code, including, but not limited to, the application	126499
hardware and software and the installation and implementation	126500
thereof, for the use of the Treasurer of State.	126501

The Treasurer of State may acquire and implement a Treasury	126502
Management System pursuant to Chapter 125. of the Revised Code,	126503
including, but not limited to, the application hardware and	126504
software and the installation and implementation thereof, for the	126505
use of the Treasurer of State. The Treasury Management System is	126506
an integrated treasury technology infrastructure system that will	126507
replace the Treasurer of State's existing separate cash, custody,	126508
investment, and accounting software and administration systems for	126509
the various treasury functions performed by the state. Any	126510
purchase agreement utilized under Chapter 125. of the Revised Code	126511
to finance the Treasury Management System, including any	126512
fractionalized interests therein as defined in division (N) of	126513
section 133.01 of the Revised Code, is limited in amount to not	126514
more than $10,000,000, and shall provide at the point of purchase	126515
that the financed asset becomes the property of the state.	126516

The Treasurer of State is hereby authorized to issue and	126517
sell, in accordance with Section 2i of Article VIII, Ohio	126518
Constitution, and Chapter 154. of the Revised Code, particularly	126519
section 154.22 of the Revised Code, original obligations in an	126520
aggregate principal amount not to exceed $10,000,000, in addition	126521
to the original issuance of obligations heretofore authorized by	126522
prior acts of the General Assembly. These authorized obligations	126523
shall be issued, subject to applicable constitutional and	126524
statutory limitations, to pay costs associated with previously	126525
authorized capital facilities and the capital facilities referred	126526
to in this section of the act.	126527

Section 503.10. PERSONAL SERVICE EXPENSES

126528

Unless otherwise prohibited by law, any appropriation from	126529
which personal service expenses are paid shall bear the employer's	126530
share of public employees' retirement, workers' compensation,	126531
disabled workers' relief, and insurance programs; and the costs of	126532
centralized financial services, centralized payroll processing,	126533
and related reports and services; centralized human resources	126534
services, including affirmative action and equal employment	126535
opportunity programs; the Office of Collective Bargaining; the	126536
Employee Assistance Program; centralized information technology	126537
management services; administering the enterprise resource	126538
planning system; and administering the state employee merit system	126539
as required by section 124.07 of the Revised Code. These costs	126540
shall be determined in conformity with the appropriate sections of	126541
law and paid in accordance with procedures specified by the Office	126542
of Budget and Management. Expenditures from appropriation item	126543
070601, Public Audit Expense - Intra-State, may be exempted from	126544
the requirements of this section.	126545

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	126546
AGAINST THE STATE	126547

Except as otherwise provided in this section, an	126548
appropriation in this act or any other act may be used for the	126549
purpose of satisfying judgments, settlements, or administrative	126550
awards ordered or approved by the Court of Claims or by any other	126551
court of competent jurisdiction in connection with civil actions	126552
against the state. This authorization does not apply to	126553
appropriations to be applied to or used for payment of guarantees	126554
by or on behalf of the state, or for payments under lease	126555
agreements relating to, or debt service on, bonds, notes, or other	126556
obligations of the state. Notwithstanding any other statute to the	126557
contrary, this authorization includes appropriations from funds	126558
into which proceeds of direct obligations of the state are	126559
deposited only to the extent that the judgment, settlement, or	126560
administrative award is for, or represents, capital costs for	126561
which the appropriation may otherwise be used and is consistent	126562
with the purpose for which any related obligations were issued or	126563
entered into. Nothing contained in this section is intended to	126564
subject the state to suit in any forum in which it is not	126565
otherwise subject to suit, and is not intended to waive or	126566
compromise any defense or right available to the state in any suit	126567
against it.	126568

Section 503.30. CAPITAL PROJECT SETTLEMENTS

126569

This section specifies an additional and supplemental	126570
procedure to provide for payments of judgments and settlements if	126571
the Director of Budget and Management determines, pursuant to	126572
division (C)(4) of section 2743.19 of the Revised Code, that	126573
sufficient unencumbered moneys do not exist in the fund to support	126574
a particular appropriation to pay the amount of a final judgment	126575
rendered against the state or a state agency, including the	126576
settlement of a claim approved by a court, in an action upon and	126577
arising out of a contractual obligation for the construction or	126578
improvement of a capital facility if the costs under the contract	126579
were payable in whole or in part from a state capital projects	126580
appropriation. In such a case, the Director may either proceed	126581
pursuant to division (C)(4) of section 2743.19 of the Revised Code	126582
or apply to the Controlling Board to increase an appropriation or	126583
create an appropriation out of any unencumbered moneys in the	126584
state treasury to the credit of the capital projects fund from	126585
which the initial state appropriation was made. The amount of an	126586
increase in appropriation or new appropriation approved by the	126587
Controlling Board is hereby appropriated from the applicable	126588
capital projects fund and made available for the payment of the	126589
judgment or settlement.	126590

If the Director does not make the application authorized by	126591
this section or the Controlling Board disapproves the application,	126592
and the Director does not make application under division (C)(4)	126593
of section 2743.19 of the Revised Code, the Director shall for the	126594
purpose of making that payment make a request to the General	126595
Assembly as provided for in division (C)(5) of that section.	126596

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

126597

In order to provide funds for the reissuance of voided	126598
warrants under section 126.37 of the Revised Code, there is hereby	126599
appropriated, out of moneys in the state treasury from the fund	126600
credited as provided in section 126.37 of the Revised Code, that	126601
amount sufficient to pay such warrants when approved by the Office	126602
of Budget and Management.	126603

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	126604
BALANCES OF OPERATING APPROPRIATIONS	126605

(A) An unexpended balance of an operating appropriation or	126606
reappropriation that a state agency lawfully encumbered prior to	126607
the close of a fiscal year is hereby reappropriated on the first	126608
day of July of the following fiscal year from the fund from which	126609
it was originally appropriated or reappropriated for the following	126610
period and shall remain available only for the purpose of	126611
discharging the encumbrance:	126612

(1) For an encumbrance for personal services, maintenance,	126613
equipment, or items for resale, other than an encumbrance for an	126614
item of special order manufacture not available on term contract	126615
or in the open market or for reclamation of land or oil and gas	126616
wells, for a period of not more than five months from the end of	126617
the fiscal year;	126618

(2) For an encumbrance for an item of special order	126619
manufacture not available on term contract or in the open market,	126620
for a period of not more than five months from the end of the	126621
fiscal year or, with the written approval of the Director of	126622
Budget and Management, for a period of not more than twelve months	126623
from the end of the fiscal year;	126624

(3) For an encumbrance for reclamation of land or oil and gas	126625
wells, for a period ending when the encumbered appropriation is	126626
expended or for a period of two years, whichever is less;	126627

(4) For an encumbrance for any other expense, for such period	126628
as the Director approves, provided such period does not exceed two	126629
years.	126630

(B) Any operating appropriations for which unexpended	126631
balances are reappropriated beyond a five-month period from the	126632
end of the fiscal year by division (A)(2) of this section shall be	126633
reported to the Controlling Board by the Director of Budget and	126634
Management by the thirty-first day of December of each year. The	126635
report on each such item shall include the item, the cost of the	126636
item, and the name of the vendor. The report shall be updated on a	126637
quarterly basis for encumbrances remaining open.	126638

(C) Upon the expiration of the reappropriation period set out	126639
in division (A) of this section, a reappropriation made by this	126640
section lapses, and the Director of Budget and Management shall	126641
cancel the encumbrance of the unexpended reappropriation not later	126642
than the end of the weekend following the expiration of the	126643
reappropriation period.	126644

(D) Notwithstanding division (C) of this section, with the	126645
approval of the Director of Budget and Management, an unexpended	126646
balance of an encumbrance that was reappropriated on the first day	126647
of July by this section for a period specified in division (A)(3)	126648
or (4) of this section and that remains encumbered at the close of	126649
the fiscal biennium is hereby reappropriated on the first day of	126650
July of the following fiscal biennium from the fund from which it	126651
was originally appropriated or reappropriated for the applicable	126652
period specified in division (A)(3) or (4) of this section and	126653
shall remain available only for the purpose of discharging the	126654
encumbrance.	126655

(E) The Director of Budget and Management may correct	126656
accounting errors committed by the staff of the Office of Budget	126657
and Management, such as reestablishing encumbrances or	126658
appropriations cancelled in error, during the cancellation of	126659
operating encumbrances in November and of nonoperating	126660
encumbrances in December.	126661

(F) The Director of Budget and Management may at any time	126662
correct accounting errors committed by the staff of a state agency	126663
or state institution of higher education, as defined in section	126664
3345.011 of the Revised Code, such as reestablishing prior year	126665
nonoperating encumbrances canceled or modified in error. The	126666
reestablished encumbrance amounts are hereby appropriated.	126667

(G) If the Controlling Board approved a purchase, that	126668
approval remains in effect so long as the appropriation used to	126669
make that purchase remains encumbered.	126670

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	126671
RE-ESTABLISHMENT OF ENCUMBRANCES	126672

Any cash transferred by the Director of Budget and Management	126673
under section 126.15 of the Revised Code is hereby appropriated.	126674
Any amounts necessary to re-establish appropriations or	126675
encumbrances under section 126.15 of the Revised Code are hereby	126676
appropriated.	126677

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

126678

There are hereby appropriated out of any moneys in the state	126679
treasury to the credit of the General Revenue Fund, which are not	126680
otherwise appropriated, funds sufficient to make any payment	126681
required by division (B)(2) of section 5747.03 of the Revised	126682
Code.	126683

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	126684
APPROVED BY THE CONTROLLING BOARD	126685

Any money that the Controlling Board approves for expenditure	126686
or any increase in appropriation that the Controlling Board	126687
approves under sections 127.14, 131.35, and 131.39 of the Revised	126688
Code or any other provision of law is hereby appropriated for the	126689
period ending June 30, 2015.	126690

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	126691
RESIDENCE	126692

If the Governor's Residence Fund (Fund 4H20) receives payment	126693
for use of the residence pursuant to section 107.40 of the Revised	126694
Code, the amounts so received are hereby appropriated to	126695
appropriation item 100604, Governor's Residence Gift.	126696

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

126697

Unless the agency and nuclear electric utility mutually agree	126698
to a higher amount by contract, the maximum amounts that may be	126699
assessed against nuclear electric utilities under division (B)(2)	126700
of section 4937.05 of the Revised Code and deposited into the	126701
specified funds are as follows:	126702

Fund	User		FY 2014		FY 2015	126703
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	126704
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	126705
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	126706
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	126707

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	126708
INTEREST EARNED	126709

Notwithstanding any provision of law to the contrary, the	126710
Director of Budget and Management, through June 30, 2015, may	126711
transfer interest earned by any state fund to the General Revenue	126712
Fund. This section does not apply to funds whose source of revenue	126713
is restricted or protected by the Ohio Constitution, federal tax	126714
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	126715
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	126716

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	126717
FROM NON-GRF FUNDS	126718

Notwithstanding any provision of law to the contrary, the	126719
Director of Budget and Management may transfer up to $60,000,000	126720
in each fiscal year in cash from non-General Revenue Funds that	126721
are not constitutionally restricted to the General Revenue Fund in	126722
order to ensure that available General Revenue Fund receipts and	126723
balances are sufficient to support General Revenue Fund	126724
appropriations in each fiscal year.	126725

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	126726
BALANCE	126727

Notwithstanding divisions (B) and (C) of section 131.44 of	126728
the Revised Code, the Director of Budget and Management shall	126729
determine the surplus General Revenue Fund revenue that existed on	126730
June 30, 2013, in excess of the amount required under division	126731
(A)(3) of section 131.44 of the Revised Code, and transfer from	126732
the General Revenue Fund, to the extent of the amount so	126733
determined, the following:	126734

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	126735
of up to $15,000,000;	126736

(B) To the Controlling Board Emergency Purposes Fund (Fund	126737
5KM0), a cash amount of up to $20,000,000;	126738

(C) To the Natural Resources Special Purposes Fund (Fund	126739
5MW0), which is hereby created in the state treasury, a cash	126740
amount of up to $12,000,000;	126741

(D) To the Unemployment Compensation Interest Contingency	126742
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	126743
to the United States Secretary of the Treasury of accrued interest	126744
costs related to federal unemployment account borrowing.	126745

Section 512.40. ACCESS SUCCESS II PROGRAM

126746

To the extent cash is available, the Director of Budget and	126747
Management may transfer cash from the Money Follows the Person	126748
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	126749
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	126750
by the Department of Mental Health and Addiction Services. The	126751
transferred cash is hereby appropriated.	126752

The Department of Mental Health and Addiction Services shall	126753
use the transferred funds to administer the Access Success II	126754
Program to help non-Medicaid patients in any hospital established,	126755
controlled, or supervised by the Department under Chapter 5119. of	126756
the Revised Code to transition from inpatient status to a	126757
community setting.	126758

Section 512.50. Not later than the first day of September	126759
2013, the Director of Mental Health and the Director of Alcohol	126760
and Drug Addiction Services shall certify to the Director of	126761
Budget and Management the amount of all of the unexpended,	126762
unencumbered balances of general revenue fund appropriations made	126763
to the Department of Mental Health and to the Department of	126764
Alcohol and Drug Addiction Services for FY 2012, excluding funds	126765
appropriated for rental payments to the Ohio Public Facilities	126766
Commission. On receipt of the certification, the Director of	126767
Budget and Management shall transfer cash to the Department of	126768
Mental Health and Addiction Services Trust Fund created in section	126769
5119.46 of the Revised Code (renumbered section 5119.60 of the	126770
Revised Code in this act) in an amount up to, but not exceeding,	126771
the total amounts certified by the Director of Mental Health and	126772
the Director of Alcohol and Drug Addiction Services.	126773

Section 512.60. There is hereby created in the state	126774
treasury, the Permissive Tax Supplement Fund (Fund 5NB0). Not	126775
later than November 30, 2013, the Tax Commissioner shall certify	126776
to the Director of Budget and Management, an estimate of the	126777
amounts necessary during fiscal year 2014 to make supplemental	126778
permissive tax distributions to counties and transit authorities	126779
as prescribed in division (B) of section 5739.21 of the Revised	126780
Code. Following this certification, the Director of Budget and	126781
Management shall then transfer the certified amount from the	126782
General Revenue Fund to the Permissive Tax Supplement Fund. In the	126783
event that additional moneys beyond those initially certified are	126784
required for this purpose in fiscal year 2014, the Tax	126785
Commissioner may from time to time update the certification and	126786
the Director of Budget and Management shall transfer those amounts	126787
from the General Revenue Fund.	126788

Not later than July 15, 2014, the Tax Commissioner shall	126789
certify to the Director of Budget and Management, an estimate of	126790
the amounts necessary during fiscal year 2015 to make supplemental	126791
permissive tax distributions to counties and transit authorities	126792
as prescribed in division (B) of section 5739.21 of the Revised	126793
Code. Following this certification, the Director of Budget and	126794
Management shall then transfer the certified amount from the	126795
General Revenue Fund to the Permissive Tax Supplement Fund. In the	126796
event that additional moneys beyond those initially certified are	126797
required for this purpose in fiscal year 2015, the Tax	126798
Commissioner may from time to time update the certification and	126799
the Director of Budget and Management shall transfer those	126800
additional amounts from the General Revenue Fund to the Permissive	126801
Tax Supplement Fund.	126802

Not later than December 15, 2013, and on or before the	126803
fifteenth day of each month through June 15, 2015, the Tax	126804
Commissioner shall certify to the Director of Budget and	126805
Management, the amounts calculated as necessary to make	126806
supplemental permissive tax distributions for that month pursuant	126807
to division (B) of section 5739.21 of the Revised Code. The	126808
Director of Budget and Management shall then transfer the amount	126809
certified from the Permissive Tax Supplement Fund to the	126810
Permissive Tax Distribution Fund (Fund 7063).	126811

If on June 20, 2015, or any date thereafter, any balance	126812
exists in the Permissive Tax Supplement Fund, the Director of	126813
Budget and Management may transfer that amount to the General	126814
Revenue Fund.	126815

Section 512.70. PROHIBITION ON TRANSFERS

126816

Notwithstanding section 131.44 of the Revised Code, cash	126817
shall not be transferred to the Income Tax Reduction Fund prior to	126818
July 1, 2015.	126819

Section 515.40. The Department of Aging shall use	126820
appropriation item 490627, Board of Executives of LTSS, to spend	126821
cash in the Board of Executives of Long-Term Services and Supports	126822
Fund (Fund 5MT0), which is hereby established in the State	126823
Treasury. On the effective date of this section, the Board of	126824
Examiners of Nursing Home Administrators is renamed the Board of	126825
Executives of Long-Term Services and Supports. The Board of	126826
Examiners of Nursing Home Administrators' functions and its assets	126827
and liabilities, are transferred to the Board of Executives of	126828
Long-Term Services and Supports. The Board of Executives of	126829
Long-Term Services and Supports is successor to, assumes the	126830
obligations and authority of, and otherwise continues the Board of	126831
Examiners of Nursing Home Administrators. No right, privilege, or	126832
remedy, and no duty, liability, or obligation, accrued under the	126833
Board of Examiners of Nursing Home Administrators is impaired or	126834
lost by reason of the renaming and shall be recognized,	126835
administered, performed, or enforced by the Board of Executives of	126836
Long-Term Services and Supports.	126837

Business commenced but not completed by the Board of	126838
Examiners of Nursing Home Administrators or by the Secretary of	126839
the Board of Examiners of Nursing Home Administrators shall be	126840
completed by the Board of Executives of Long-Term Services and	126841
Supports or the Secretary of the Board of Executives of Long-Term	126842
Services and Supports in the same manner, and with the same	126843
effect, as if completed by the Board of Examiners of Nursing Home	126844
Administrators or by the Secretary of the Board of Examiners of	126845
Nursing Home Administrators.	126846

All of the Board of Examiners of Nursing Home Administrators'	126847
rules, orders, and determinations continue in effect as rules,	126848
orders, and determinations of the Board of Executives of Long-Term	126849
Services and Supports.	126850

Subject to the layoff provisions of sections 124.321 to	126851
124.328 of the Revised Code, all employees of the Board of	126852
Examiners of Nursing Home Administrators who provide	126853
administrative, technical, or other services to the Board of	126854
Examiners of Nursing Home Administrators on a full-time, permanent	126855
basis shall continue with the Board of Executives of Long-Term	126856
Services and Supports and retain their positions and benefits	126857
accruing thereto, except that those employees in the classified	126858
service shall be reclassified into the unclassified service and	126859
shall serve at the pleasure of the Board.	126860

Notwithstanding section 4751.03 of the Revised Code, as	126861
amended by this act, those board members currently serving as	126862
members of the Board of Examiners of Nursing Home Administrators	126863
on the effective date of this act shall continue to serve as	126864
members of the Board of Executives of Long-Term Services and	126865
Supports for the remainder of their appointment period, at which	126866
time new members shall be appointed in a manner consistent with	126867
section 4751.03 of the Revised Code, as amended by this act.	126868

Within ninety days after the effective date of this act, the	126869
Governor shall appoint to the Board of Executives of Long-Term	126870
Services and Supports those new members who are required to be	126871
appointed under divisions (A)(3) and (6) of section 4751.03 of the	126872
Revised Code, as amended by this act, for terms ending on May 27,	126873
2014. Thereafter, appointment for those members shall be as	126874
provided in section 4751.03 of the Revised Code, as amended by	126875
this act.	126876

Whenever the Board of Examiners of Nursing Home	126877
Administrators is referred to in statute, contract, or other	126878
instrument, the reference is deemed to refer to the Board of	126879
Executives of Long-Term Services and Supports.	126880

No pending action or proceeding being prosecuted or defended	126881
in court or before an agency by the Board of Examiners of Nursing	126882
Home Administrators or the Secretary of the Board of Examiners of	126883
Nursing Home Administrators is affected by the renaming and shall	126884
be prosecuted or defended in the name of the Board of Executives	126885
of Long-Term Services and Supports or the Secretary of the Board	126886
of Executives of Long-Term Services and Supports. Upon application	126887
to the court or agency, the Board of Executives of Long-Term	126888
Services and Supports or the Secretary of the Board of Executives	126889
of Long-Term Services and Supports shall be substituted.	126890

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

126891

Certain appropriations are in this act for the purpose of	126892
paying debt service and financing costs on general obligation	126893
bonds or notes of the state issued pursuant to the Ohio	126894
Constitution and acts of the General Assembly. If it is determined	126895
that additional appropriations are necessary for this purpose,	126896
such amounts are hereby appropriated.	126897

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

126898

Certain appropriations are in this act for the purpose of	126899
making lease rental payments pursuant to leases and agreements	126900
relating to bonds or notes issued by the Treasurer of State, or	126901
previously by the Ohio Public Facilities Commission or the Ohio	126902
Building Authority, pursuant to the Ohio Constitution and acts of	126903
the General Assembly. If it is determined that additional	126904
appropriations are necessary for this purpose, such amounts are	126905
hereby appropriated.	126906

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	126907
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	126908

The Office of Budget and Management shall process payments	126909
from general obligation and lease rental payment appropriation	126910
items during the period from July 1, 2013, through June 30, 2015,	126911
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	126912
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	126913
Chapters 151., 152., and 154. of the Revised Code. Payments shall	126914
be made upon certification by the Treasurer of State of the dates	126915
and the amounts due on those dates.	126916

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

126917

Whenever the Director of Budget and Management determines	126918
that an appropriation made to a state agency from a fund of the	126919
state is insufficient to provide for the recovery of statewide	126920
indirect costs under section 126.12 of the Revised Code, the	126921
amount required for such purpose is hereby appropriated from the	126922
available receipts of such fund.	126923

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	126924
INDIRECT COST ALLOCATION PLAN	126925

The total transfers made from the General Revenue Fund by the	126926
Director of Budget and Management under this section shall not	126927
exceed the amounts transferred into the General Revenue Fund under	126928
section 126.12 of the Revised Code.	126929

The director of an agency may certify to the Director of	126930
Budget and Management the amount of expenses not allowed to be	126931
included in the Statewide Indirect Cost Allocation Plan under	126932
federal regulations, from any fund included in the Statewide	126933
Indirect Cost Allocation Plan, prepared as required by section	126934
126.12 of the Revised Code.	126935

Upon determining that no alternative source of funding is	126936
available to pay for such expenses, the Director of Budget and	126937
Management may transfer cash from the General Revenue Fund into	126938
the fund for which the certification is made, up to the amount of	126939
the certification. The director of the agency receiving such funds	126940
shall include, as part of the next budget submission prepared	126941
under section 126.02 of the Revised Code, a request for funding	126942
for such activities from an alternative source such that further	126943
federal disallowances would not be required.	126944

The director of an agency may certify to the Director of	126945
Budget and Management the amount of expenses paid in error from a	126946
fund included in the Statewide Indirect Cost Allocation Plan. The	126947
Director of Budget and Management may transfer cash from the fund	126948
from which the expenditure should have been made into the fund	126949
from which the expenses were erroneously paid, up to the amount of	126950
the certification.	126951

The director of an agency may certify to the Director of	126952
Budget and Management the amount of expenses or revenues not	126953
allowed to be included in the Statewide Indirect Cost Allocation	126954
Plan under federal regulations, for any fund included in the	126955
Statewide Indirect Cost Allocation Plan, for which the federal	126956
government requires payment. If the Director of Budget and	126957
Management determines that an appropriation made to a state agency	126958
from a fund of the state is insufficient to pay the amount	126959
required by the federal government, the amount required for such	126960
purpose is hereby appropriated from the available receipts of such	126961
fund, up to the amount of the certification.	126962

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

126963

Notwithstanding any provision of law to the contrary, on or	126964
before the first day of September of each fiscal year, the	126965
Director of Budget and Management, in order to reduce the payment	126966
of adjustments to the federal government, as determined by the	126967
plan prepared under division (A) of section 126.12 of the Revised	126968
Code, may designate such funds as the Director considers necessary	126969
to retain their own interest earnings.	126970

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

126971

Pursuant to the plan for compliance with the Federal Cash	126972
Management Improvement Act required by section 131.36 of the	126973
Revised Code, the Director of Budget and Management may cancel and	126974
re-establish all or part of encumbrances in like amounts within	126975
the funds identified by the plan. The amounts necessary to	126976
re-establish all or part of encumbrances are hereby appropriated.	126977

Section 521.60. FISCAL STABILIZATION AND RECOVERY

126978

To ensure the level of accountability and transparency	126979
required by federal law, the Director of Budget and Management may	126980
issue guidelines to any agency applying for federal money made	126981
available to this state for fiscal stabilization and recovery	126982
purposes, and may prescribe the process by which agencies are to	126983
comply with any reporting requirements established by the federal	126984
government.	126985

Section 605.10. That Section 205.10 of Am. Sub. H.B. 51 of	126986
the 130th General Assembly be amended to read as follows:	126987

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

126988

State Highway Safety Fund Group	126989

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	126990
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	126991
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	126992
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	126993
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	126994
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	126995
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	126996
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	126997
8310	761610	Information and Education - Federal	$	300,000	$	300,000	126998
8310	764608	FARS Grant Federal	$	175,000	$	175,000	126999
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	127000
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	127001
8310	765610	EMS - Federal	$	225,000	$	225,000	127002
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	127003
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	127004
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	127005
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	127006
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	127007
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	127008
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	127009
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	127010
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	127011
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	127012
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	127013
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	127014
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	127015
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	127016
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	127017
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	127018
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	127019
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	127020
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	127021
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	127022
TOTAL HSF State Highway Safety Fund Group			$	515,450,460	$	517,434,364	127023

General Services Fund Group	127024

4P60	768601	Justice Program Services	$	900,000	$	875,000	127025
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	127026
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	127027
TOTAL GSF General Services Fund Group			$	6,290,946	$	6,265,946	127028

Federal Special Revenue Fund Group	127029

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	127030
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	127031
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	127032
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	127033
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	127034
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	127035
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	127036
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	127037
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	127038
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	127039
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	127040
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	127041
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	127042
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	127043
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	127044

State Special Revenue Fund Group	127045

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	127046
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	127047
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	127048
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	127049
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	127050
~~5BP0~~ 5NF0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	127051
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	127052
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	127053
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	127054
5FL0	769634	Investigations	$	899,300	$	899,300	127055
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	127056
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	127057
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	127058
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	127059
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	127060
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	127061

Agency Fund Group	127062

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		127063
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		127064

Holding Account Redistribution Fund Group	127065

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	127066
R052	762623	Security Deposits	$	350,000	$	350,000	127067
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	127068
TOTAL ALL BUDGET FUND GROUPS			$	673,558,888	$	675,952,792	127069

MOTOR VEHICLE REGISTRATION

127070

The Registrar of Motor Vehicles may deposit revenues to meet	127071
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	127072
4W40) established in section 4501.25 of the Revised Code, obtained	127073
under sections 4503.02 and 4504.02 of the Revised Code, less all	127074
other available cash. Revenue deposited pursuant to this paragraph	127075
shall support, in part, appropriations for operating expenses and	127076
defray the cost of manufacturing and distributing license plates	127077
and license plate stickers and enforcing the law relative to the	127078
operation and registration of motor vehicles. Notwithstanding	127079
section 4501.03 of the Revised Code, the revenues shall be paid	127080
into Fund 4W40 before any revenues obtained pursuant to sections	127081
4503.02 and 4504.02 of the Revised Code are paid into any other	127082
fund. The deposit of revenues to meet the aforementioned cash	127083
needs shall be in approximately equal amounts on a monthly basis	127084
or as otherwise determined by the Director of Budget and	127085
Management pursuant to a plan submitted by the Registrar of Motor	127086
Vehicles.	127087

OPERATING EXPENSE – BMV

127088

Of the foregoing appropriation item 762321, Operating Expense	127089
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	127090
costs associated with improvements to the program to accept	127091
applications for registration transactions of apportionable	127092
vehicles electronically over the internet.	127093

OPERATING EXPENSE - INFORMATION AND EDUCATION

127094

Of the foregoing appropriation item 761321, Operating Expense	127095
– Information and Education, up to $250,000 in each fiscal year	127096
may be used to fund state employees to staff travel information	127097
centers on the border of the state.	127098

The Department of Public Safety shall conduct a study for	127099
partnering with local travel and tourism centers, as well as a	127100
study for the creation of the Ohio Ambassadors Volunteer Program	127101
at rest stops.	127102

LEASE RENTAL PAYMENTS

127103

The foregoing appropriation item 761401, Lease Rental	127104
Payments, shall be used for payments to the Treasurer of State for	127105
the period July 1, 2013, through June 30, 2015, under the primary	127106
leases and agreements for public safety related buildings. The	127107
appropriations are the source of funds pledged for bond service	127108
charges on obligations pursuant to Chapters 152. and 154. of the	127109
Revised Code.	127110

CASH TRANSFERS BETWEEN FUNDS

127111

Notwithstanding any provision of law to the contrary, the	127112
Director of Budget and Management, upon the written request of the	127113
Director of Public Safety, may transfer cash between the following	127114
six funds: the Trauma and Emergency Medical Services Fund (Fund	127115
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	127116
Fund (Fund 5FL0), the Emergency Management Agency Service and	127117
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	127118
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	127119
4W40).	127120

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	127121
PLATE CONTRIBUTION FUND	127122

On July 1, 2013, or as soon as possible thereafter, the	127123
Director of Budget and Management may transfer the cash balance in	127124
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	127125
Contribution Fund (Fund 5V10). Upon completion of the transfer,	127126
Fund 5JS0 is hereby abolished.	127127

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	127128
STATE HIGHWAY SAFETY FUND	127129

Not later than January 1, 2014, the Director of Budget and	127130
Management may transfer the cash balance in the Hilltop Utility	127131
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	127132
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	127133
abolished. The Director shall cancel any existing encumbrances	127134
against appropriation item 766661, Hilltop Utility Reimbursement,	127135
and reestablish them against appropriation item 761321, Operating	127136
Expense – Information and Education. The reestablished encumbrance	127137
amounts are hereby appropriated.	127138

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	127139
SAFETY FUND	127140

On July 1, 2013, or as soon as possible thereafter, the	127141
Director of Budget and Management shall transfer the cash balance	127142
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	127143
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	127144
Fund 8380 is abolished.	127145

STATE DISASTER RELIEF

127146

The State Disaster Relief Fund (Fund 5330) may accept	127147
transfers of cash and appropriations from Controlling Board	127148
appropriation items for Ohio Emergency Management Agency disaster	127149
response costs and disaster program management costs, and may also	127150
be used for the following purposes:	127151

(A) To accept transfers of cash and appropriations from	127152
Controlling Board appropriation items for Ohio Emergency	127153
Management Agency public assistance and mitigation program match	127154
costs to reimburse eligible local governments and private	127155
nonprofit organizations for costs related to disasters;	127156

(B) To accept and transfer cash to reimburse the costs	127157
associated with Emergency Management Assistance Compact (EMAC)	127158
deployments;	127159

(C) To accept disaster related reimbursement from federal,	127160
state, and local governments. The Director of Budget and	127161
Management may transfer cash from reimbursements received by this	127162
fund to other funds of the state from which transfers were	127163
originally approved by the Controlling Board.	127164

(D) To accept transfers of cash and appropriations from	127165
Controlling Board appropriation items to fund the State Disaster	127166
Relief Program, for disasters that qualify for the program by	127167
written authorization of the Governor, and the State Individual	127168
Assistance Program for disasters that have been declared by the	127169
federal Small Business Administration and that qualify for the	127170
program by written authorization of the Governor. The Ohio	127171
Emergency Management Agency shall publish and make available	127172
application packets outlining procedures for the State Disaster	127173
Relief Program and the State Individual Assistance Program.	127174

JUSTICE ASSISTANCE GRANT FUND

127175

The federal payments made to the state for the Byrne Justice	127176
Assistance Grants Program under Title II of Division A of the	127177
American Recovery and Reinvestment Act of 2009 shall be deposited	127178
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	127179
which is hereby created in the state treasury. All investment	127180
earnings of the fund shall be credited to the fund.	127181

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	127182
AGENCY SERVICE AND REIMBURSEMENT FUND	127183

On July 1 of each fiscal year, or as soon as possible	127184
thereafter, the Director of Budget and Management shall transfer	127185
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	127186
Emergency Management Agency Service and Reimbursement Fund (Fund	127187
4V30) to be distributed to the Ohio Task Force One – Urban Search	127188
and Rescue Unit, other similar urban search and rescue units	127189
around the state, and for the maintenance of the statewide fire	127190
emergency response plan by an entity recognized by the Ohio	127191
Emergency Management Agency.	127192

FAMILY VIOLENCE PREVENTION FUND

127193

Notwithstanding any provision of law to the contrary, in each	127194
of fiscal years 2014 and 2015, the first $750,000 received to the	127195
credit of the Family Violence Prevention Fund (Fund 5BK0) is	127196
appropriated to appropriation item 768689, Family Violence Shelter	127197
Programs, and the next $400,000 received to the credit of Fund	127198
5BK0 in each of those fiscal years is appropriated to	127199
appropriation item 768687, Criminal Justice Services - Operating.	127200
Any moneys received to the credit of Fund 5BK0 in excess of the	127201
aforementioned appropriated amounts in each fiscal year shall,	127202
upon the approval of the Controlling Board, be used to provide	127203
grants to family violence shelters in Ohio.	127204

SARA TITLE III HAZMAT PLANNING

127205

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	127206
entitled to receive grant funds from the Emergency Response	127207
Commission to implement the Emergency Management Agency's	127208
responsibilities under Chapter 3750. of the Revised Code.	127209

COLLECTIVE BARGAINING INCREASES

127210

Notwithstanding division (D) of section 127.14 and division	127211
(B) of section 131.35 of the Revised Code, except for the General	127212
Revenue Fund, the Controlling Board may, upon the request of	127213
either the Director of Budget and Management, or the Department of	127214
Public Safety with the approval of the Director of Budget and	127215
Management, authorize expenditures in excess of appropriations and	127216
transfer appropriations, as necessary, for any fund used by the	127217
Department of Public Safety, to assist in paying the costs of	127218
increases in employee compensation that have occurred pursuant to	127219
collective bargaining agreements under Chapter 4117. of the	127220
Revised Code and, for exempt employees, under section 124.152 of	127221
the Revised Code. Any money approved for expenditure under this	127222
paragraph is hereby appropriated.	127223

CASH BALANCE FUND REVIEW

127224

Not later than the first day of April in each fiscal year of	127225
the biennium, the Director of Budget and Management shall review	127226
the cash balances for each fund, except the State Highway Safety	127227
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	127228
4W40), in the State Highway Safety Fund Group, and shall recommend	127229
to the Controlling Board an amount to be transferred to the credit	127230
of Fund 7036 or Fund 4W40, as appropriate.	127231

AUTO REGISTRATION DISTRIBUTION FUND

127232

Notwithstanding the amendment by this act to section 4501.03	127233
of the Revised Code and the enactment by this act of section	127234
4501.031 of the Revised Code, any license tax assessed under	127235
Chapters 4503. or 4504. of the Revised Code, and derived from	127236
registrations processed on business days prior to July 1, 2013,	127237
shall be deposited to the state treasury to the credit of the Auto	127238
Registration Distribution Fund (Fund 7051) created by section	127239
4501.03 of the Revised Code, even if such deposit does not occur	127240
until on or after July 1, 2013. All license tax assessed on	127241
registrations under Chapters 4503. or 4504. of the Revised Code	127242
prior to July 1, 2013, shall be deposited, and distributed, in	127243
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	127244
4501.043 of the Revised Code as they existed prior to the	127245
amendments to those sections by this act.	127246

Section 605.11. That existing Section 205.10 of Am. Sub. H.B.	127247
51 of the 130th General Assembly is hereby repealed.	127248

Section 610.10. That Sections 201.80 and 509.40 of Sub. H.B.	127249
482 of the 129th General Assembly be amended to read as follows:	127250

Sec. 201.80. All items set forth in this section are hereby	127251
appropriated out of any moneys in the state treasury to the credit	127252
of the School Building Program Assistance Fund (Fund 7032), that	127253
are not otherwise appropriated.	127254

Appropriations

SFC SCHOOL FACILITIES COMMISSION	127255

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	127256
C23020	School Security Grant Program	$	12,000,000	127257
Total School Facilities Commission		$	425,000,000	127258
TOTAL School Building Program Assistance Fund		$	425,000,000	127259

SCHOOL BUILDING PROGRAM ASSISTANCE

127260

The foregoing appropriation item C23002, School Building	127261
Program Assistance, shall be used by the School Facilities	127262
Commission to provide funding to school districts that receive	127263
conditional approval from the Commission pursuant to Chapter 3318.	127264
of the Revised Code.	127265

SCHOOL SECURITY GRANT PROGRAM

127266

The foregoing appropriation item C23020, School Security	127267
Grant Program, shall be used by the School Facilities Commission	127268
to provide funding to all public schools for school security	127269
expenditures including the purchase and installation of one	127270
Multi-Agency Radio Communications System unit per school building	127271
and a security door system, consisting of a security camera, an	127272
intercom, and remote access, at one entrance per school building.	127273
A school may apply to the School Facilities Commission for	127274
reimbursement up to $2,000 for one Multi-Agency Radio	127275
Communications System Unit per school building and up to $5,000	127276
for costs incurred with the purchase of a security door system	127277
installed on or after January 1, 2013.	127278

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	127279
PROJECTS	127280

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	127281
the Revised Code, the Executive Director of ~~Administrative~~	127282
~~Services~~the Ohio Facilities Construction Commission may authorize	127283
the Departments of Mental Health, Developmental Disabilities,	127284
Agriculture, Job and Family Services, Rehabilitation and	127285
Correction, Youth Services, Public Safety, Transportation, ~~and~~	127286
Veterans Services, and the Bureau of Workers' Compensation to	127287
administer any capital facilities projects, the estimated cost of	127288
which, including design fees, construction, equipment, and	127289
contingency amounts, is less than $1,500,000. Requests for	127290
authorization to administer capital facilities projects shall be	127291
made ~~in writing to the Director of Administrative Services~~through	127292
the OAKS-CI application by the applicable state agency ~~within~~	127293
~~sixty days after the effective date of the section of law in which~~	127294
~~the General Assembly initially makes an appropriation for the~~	127295
~~project~~. Upon the release of funds for the projects by the	127296
Controlling Board or the Director of Budget and Management, the	127297
agency may administer the capital project or projects for which	127298
agency administration has been authorized without the supervision,	127299
control, or approval of the Executive Director of ~~Administrative~~	127300
~~Services~~the Ohio Facilities Construction Commission.	127301

A state agency authorized by the Executive Director of	127302
~~Administrative Services~~the Ohio Facilities Construction	127303
Commission to administer capital facilities projects pursuant to	127304
this section shall comply with the applicable procedures and	127305
guidelines established in Chapter 153. of the Revised Code and	127306
shall track all project information in OAKS-CI pursuant to Ohio	127307
Facilities Construction Commission guidelines.	127308

Section 610.11. That existing Sections 201.80 and 509.40 of	127309
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	127310

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	127311
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	127312
General Assembly, be amended to read as follows:	127313

Sec. 4. The following agencies are retained under division	127314
(D) of section 101.83 of the Revised Code and expire on December	127315
31, 2016:	127316

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	127317
Academic Distress Commission	3302.10	127318
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	127319
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	127320
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	127321
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	127322
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	127323
Advisory Committee on Livestock Exhibitions	901.71	127324
Agricultural Commodity Marketing Programs Operating Committees	924.07	127325
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	127326
Alternative Energy Advisory Committee	4928.64(D)	127327
AMBER Alert Advisory Committee	5502.521	127328
Apprenticeship Council	Chapter 4139.	127329
Armory Board of Control	5911.09, 5911.12	127330
Automated Title Processing Board	4505.09(C)(1)	127331
Backflow Advisory Board	3703.21	127332
Banking Commission	1123.01	127333
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	127334
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	127335
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	127336
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	127337
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	127338
Board of Governors of the Medical Liability Underwriting Association	3929.64	127339
Board of Voting Machines Examiners	3506.05	127340
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	127341
Brain Injury Advisory Committee	3304.231	127342
Bureau of Workers' Compensation Board of Directors	4121.12	127343
Capitol Square Review and Advisory Board	105.41	127344
Child Care Advisory Council	5104.08	127345
Child Support Guideline Advisory Council	3119.024	127346
Children's Trust Fund Board	3109.15 - 3109.17	127347
Citizen's Advisory Council	5123.092, 5123.093	127348
Clean Ohio Trail Advisory Board	1519.06	127349
Coastal Resources Advisory Council	1506.12	127350
Commission on African-American Males	4112.12, 4112.13	127351
Commission on Hispanic-Latino Affairs	121.31	127352
Commission on Minority Health	3701.78	127353
Committee on Prescriptive Governance	4723.49 - 4723.492	127354
Commodity Advisory Commission	926.32	127355
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	127356
Continuing Education Committee	109.80(B)	127357
Council on Alcohol and Drug Addiction Services	3793.09	127358
Council on Unreclaimed Strip Mined Lands	1513.29	127359
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	127360
Credential Review Board	3319.65	127361
Credit Union Council	1733.329	127362
Criminal Sentencing Advisory Committee	181.22	127363
Data Collection and Analysis Group	3727.32	127364
Dentist Loan Repayment Advisory Board	3702.92	127365
Department Advisory Council(s)	107.18, 121.13	127366
Development Financing Advisory Council	122.40, 122.41	127367
Early Childhood Advisory Council	3301.90	127368
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	127369
Education Management Information System Advisory Board	3301.0713	127370
Educator Standards Board	3319.60	127371
Electrical Safety Inspector Advisory Committee	3783.08	127372
Emergency Response Commission	3750.02	127373
Engineering Experiment Station Advisory Committee	3335.27	127374
Environmental Education Council	3745.21	127375
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	127376
~~eTech Ohio Commission~~	~~3353.02 - 3353.04~~	127377
Ex-Offender Reentry Coalition	5120.07	127378
Farmland Preservation Advisory Board	901.23	127379
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	127380
Financial Planning and Supervision Commission for a school district	3316.05	127381
Forestry Advisory Council	1503.40	127382
Governance Authority for a State University or College	3345.75	127383
Governor's Council on People with Disabilities	3303.41	127384
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	127385
Governor's Residence Advisory Commission	107.40	127386
Grain Marketing Program Operating Committee	924.20 - 924.30	127387
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	127388
Gubernatorial Transition Committee	107.29, 126.26	127389
Help Me Grow Advisory Council	3701.611	127390
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	127391
Homeland Security Advisory Council	5502.011(E)	127392
Hospital Measures Advisory Council	3727.31	127393
Housing Trust Fund Advisory Committee	174.06	127394
Industrial Commission Nominating Council	4121.04	127395
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	127396
Infant Hearing Screening Subcommittee	3701.507	127397
Infection Control Group	3727.312(D)	127398
Insurance Agent Education Advisory Council	3905.483	127399
Interstate Rail Passenger Advisory Council	4981.35	127400
Joint Select Committee on Volume Cap	133.021	127401
Labor-Management Government Advisory Council	4121.70	127402
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	127403
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	127404
Maternity and Newborn Advisory Council	3711.20, 3711.21	127405
Medically Handicapped Children's Medical Advisory Council	3701.025	127406
Midwest Interstate Passenger Rail Compact Commission	4981.361	127407
Milk Sanitation Board	917.03 - 917.032	127408
Mine Subsidence Insurance Governing Board	3929.51	127409
Minority Development Financing Advisory Board	122.72, 122.73	127410
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	127411
National Museum of Afro-American History and Culture Planning Committee	149.303	127412
New African Immigrants Commission	4112.31, 4112.32	127413
Ohio Accountability Task Force	3302.021(E)	127414
Ohio Advisory Council for the Aging	173.03	127415
Ohio Agriculture License Plate Scholarship Fund Board	901.90	127416
Ohio Arts Council	Chapter 3379.	127417
Ohio Business Gateway Steering Committee	5703.57	127418
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	127419
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	127420
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	127421
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	127422
Ohio Commission on Fatherhood	5101.34	127423
Ohio Community Service Council	121.40 - 121.404	127424
Ohio Council for Interstate Adult Offender Supervision	5149.22	127425
Ohio Cultural Facilities Commission	Chapter 3383.	127426
Ohio Cystic Fibrosis Legislative Task Force	101.38	127427
Ohio Developmental Disabilities Council	5123.35	127428
Ohio Expositions Commission	991.02	127429
Ohio Family and Children First Cabinet Council	121.37	127430
Ohio Geographically Referenced Information Program Council	125.901, 125.902	127431
Ohio Geology Advisory Council	1501.11	127432
Ohio Grape Industries Committee	924.51 - 924.55	127433
Ohio Historic Site Preservation Advisory Board	149.301	127434
Ohio Historical Society Board of Trustees	149.30	127435
Ohio Judicial Conference	105.91 - 105.97	127436
Ohio Lake Erie Commission	1506.21	127437
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	127438
Ohio Medical Quality Foundation	3701.89	127439
Ohio Parks and Recreation Council	1541.40	127440
Ohio Peace Officer Training Commission	109.71, 109.72	127441
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	127442
Ohio Public Defender Commission	120.01 - 120.03	127443
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	127444
Ohio Quarter Horse Development Commission	3769.086	127445
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	127446
Ohio Soil and Water Conservation Commission	1515.02	127447
Ohio Standardbred Development Commission	3769.085	127448
Ohio Subrogation Rights Commission	2323.44	127449
Ohio Thoroughbred Racing Advisory Committee	3769.084	127450
Ohio Transportation Finance Commission	5531.12(B) to (D)	127451
Ohio Tuition Trust Authority	3334.03, 3334.08	127452
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	127453
Ohio Vendors Representative Committee	3304.34, 20 USC 107	127454
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	127455
Ohio Water Advisory Council	1521.031	127456
Ohio Water Resources Council Advisory Group	1521.19	127457
Ohio Water Resources Council	1521.19	127458
Oil and Gas Commission	1509.35	127459
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	127460
Organized Crime Investigations Commission	177.01	127461
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	127462
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	127463
Physician Loan Repayment Advisory Board	3702.81	127464
Power Siting Board	4906.02	127465
Prequalification Review Board	5525.07	127466
Private Water Systems Advisory Council	3701.346	127467
Public Utilities Commission Nominating Council	4901.021	127468
Public Utility Property Tax Study Committee	5727.85(K)	127469
Radiation Advisory Council	3748.20	127470
Reclamation Commission	1513.05	127471
Reclamation Forfeiture Fund Advisory Board	1513.182	127472
Recreation and Resources Commission	1501.04	127473
Recycling and Litter Prevention Advisory Council	1502.04	127474
School and Ministerial Lands Divestiture Committee	501.041	127475
Savings and Loan Associations and Savings Banks Board	1181.16	127476
Second Chance Trust Fund Advisory Committee	2108.35	127477
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	127478
Ski Tramway Board	4169.02	127479
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	127480
Solid Waste Management Advisory Council	3734.51	127481
Special Commission to Consider the Suspension of Local Government Officials	3.16	127482
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	127483
State Agency Coordinating Group	1521.19	127484
State Audit Committee	126.46	127485
State Council of Uniform State Laws	105.21 - 105.27	127486
State Criminal Sentencing Commission	181.22 - 181.26	127487
State Fire Council	3737.81	127488
State Library Board	3375.01	127489
State Victims Assistance Advisory Council	109.91(B) and (C)	127490
Statewide Consortium of County Law Library Resource Boards	3375.481	127491
STEM Committee	3326.02	127492
Student Tuition Recovery Authority	3332.081	127493
Sunset Review Committee	101.84 - 101.87	127494
Tax Credit Authority	122.17(M)	127495
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	127496
Technical Advisory Council on Oil and Gas	1509.38	127497
Transportation Review Advisory Council	5512.07 - 5512.09	127498
Unemployment Compensation Advisory Council	4141.08	127499
Unemployment Compensation Review Commission	4141.06	127500
Veterans Advisory Committee	5902.02(K)	127501
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	127502
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	127503
Water and Sewer Commission	1525.11(C)	127504
Waterways Safety Council	1547.73	127505
Wildlife Council	1531.03 - 1531.05	127506
Workers' Compensation Board of Directors Nominating Committee	4121.123	127507

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	127508
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	127509
129th General Assembly, is hereby repealed.	127510

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	127511
128th General Assembly be amended to read as follows:	127512

Sec. 105.05. Section 121.53 of the Revised Code is hereby	127513
repealed, effective ~~September~~June 30, ~~2013~~2014.	127514

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	127515
2 of the 128th General Assembly is hereby repealed.	127516

Section 630.10. All items set forth in this section are	127517
hereby appropriated out of any moneys in the state treasury to the	127518
credit of the Administrative Building Fund (Fund 7026) that are	127519
not otherwise appropriated for the biennium ending June 30, 2014:	127520

Appropriations

DEV DEVELOPMENT SERVICES AGENCY	127521

C19506	Children's Home				$	100,000		127522
Total Development Services Agency					$	100,000		127523

CHILDREN'S HOME

127524

The foregoing appropriation item C19506, Children's Home,	127525
shall be used for the Children's Home of Cincinnati.	127526

Section 630.11. That Sections 203.90.10 and 203.90.20 of Sub.	127527
S.B. 312 of the 129th General Assembly be amended to read as	127528
follows:	127529

Reappropriations

Sec. 203.90.10. DMH DEPARTMENT OF MENTAL HEALTH

127530

C58000	Hazardous Materials Abatement	$	118,750	127531
C58001	Community Assistance Projects	$	~~332,500~~ 232,500	127532
C58002	Campus Consolidation - Automation	$	95,000	127533
C58004	Demolition	$	142,500	127534
C58005	Life Safety/Critical Plant Renovations	$	23,750	127535
C58006	Patient Care/Environment Improvement	$	285,000	127536
C58007	Infrastructure Renovations	$	475,000	127537
C58008	Emergency Improvements	$	285,000	127538
C58009	Patient Environment Improvement Consolidation	$	1,000	127539
C58010	Campus Consolidation	$	23,750,000	127540
C58020	Mandel Jewish Community Center	$	199,500	127541
Total Department of Mental Health		$	~~25,708,000~~ 25,608,000	127542

COMMUNITY ASSISTANCE PROJECTS

127543

Of the foregoing appropriation item C58001, Community	127544
Assistance Projects, ~~$100,000 shall be used for the Children's~~	127545
~~Home of Cincinnati,~~ $100,000 shall be used for the Shaw JCC, and	127546
$300,000 shall be used for the Berea Children's Home.	127547

The amount reappropriated for the foregoing appropriation	127548
item C58001, Community Assistance Projects, is the unencumbered	127549
unallotted balance, as of June 30, 2012, in appropriation item	127550
C58001, Community Assistance Projects, plus $1,096,159.42. Prior	127551
to the expenditure of this reappropriation, the Director of Mental	127552
Health shall certify to the Director of Budget and Management	127553
canceled encumbrances in the amount of at least $1,096,159.42.	127554

INFRASTRUCTURE RENOVATIONS

127555

The amount reappropriated for the foregoing appropriation	127556
item C58007, Infrastructure Renovations, is the unencumbered and	127557
unallotted balance as of June 30, 2012, in appropriation item	127558
C58007, Infrastructure Renovations, plus $2,995,450.24. Prior to	127559
the expenditure of this reappropriation, the Director of Mental	127560
Health shall certify to the Director of Budget and Management	127561
canceled encumbrances in the amount of at least $2,995,450.24.	127562

Reappropriations

Sec. 203.90.20. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

127563

C59004	Community Assistance Projects	$	13,913,599	127564
C59029	Emergency Generator Replacement	$	460,362	127565
C59034	Statewide Developmental Centers	$	1,407,067	127566
C59050	Emergency Improvements	$	484,984	127567
C59051	Energy Conservation	$	430,500	127568
C59055	Camp McKinley Improvements	$	30,000	127569
C59056	The Hope Learning Center	$	250,000	127570
TOTAL Department of Developmental Disabilities		$	16,976,512	127571
TOTAL Mental Health Facilities Improvement Fund		$	~~42,684,512~~ 42,584,512	127572

COMMUNITY ASSISTANCE PROJECTS

127573

The foregoing appropriation item C59004, Community Assistance	127574
Projects, may be used to provide community assistance funds for	127575
the construction or renovation of facilities for day programs or	127576
residential programs that provide services to persons eligible for	127577
services from the Department of Developmental Disabilities or	127578
county boards of developmental disabilities.	127579

The amount reappropriated for the foregoing appropriation	127580
item C59004, Community Assistance Projects, is the unencumbered,	127581
unallotted balance as of June 30, 2012, in appropriation item	127582
C59004, Community Assistance Projects, plus $8,326,255. Prior to	127583
the expenditure of this reappropriation, the Director of	127584
Developmental Disabilities shall certify to the Director of Budget	127585
and Management canceled encumbrances in the Mental Health	127586
Facilities Improvement Fund (Fund 7033) in the amount of at least	127587
$8,326,255.	127588

STATEWIDE DEVELOPMENTAL CENTERS

127589

The amount reappropriated for the foregoing appropriation	127590
item C59034, Statewide Developmental Centers, is the unencumbered,	127591
unallotted balance as of June 30, 2012, in appropriation item	127592
C59034, Statewide Developmental Centers, plus $167,912. Prior to	127593
the expenditure of this reappropriation, the Director of	127594
Developmental Disabilities shall certify to the Director of Budget	127595
and Management canceled encumbrances in the Mental Health	127596
Facilities Improvement Fund (Fund 7033) in the amount of at least	127597
$167,912.	127598

Section 630.12. That existing Sections 203.90.10 and	127599
203.90.20 of Sub. S.B. 312 of the 129th General Assembly are	127600
hereby repealed.	127601

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

127602

As used in this section, "appointing authority" has the same	127603
meaning as in section 124.01 of the Revised Code, and "exempt	127604
employee" has the same meaning as in section 124.01 of the Revised	127605
Code.	127606

Notwithstanding section 124.181 of the Revised Code, in cases	127607
where no vacancy exists, an appointing authority may, with the	127608
written consent of an exempt employee, assign duties of a higher	127609
classification to that exempt employee for a period of time not to	127610
exceed two years, and that exempt employee shall receive	127611
compensation at a rate commensurate with the duties of the higher	127612
classification.	127613

Section 715.10. Two years after the amendments to section	127614
1501.011 of the Revised Code by this act take effect, the Ohio	127615
Facilities Construction Commission and the Department of Natural	127616
Resources shall review division (C) of that section.	127617

Section 733.10. Notwithstanding section 3317.01 of the	127618
Revised Code, as amended by this act, to determine whether a	127619
school district satisfied the minimum school year in the 2013-2014	127620
school year in order to qualify for state funding under Chapter	127621
3317. of the Revised Code for fiscal year 2015, the Department of	127622
Education shall apply the criteria prescribed in the version of	127623
division (B) of section 3317.01 of the Revised Code in effect	127624
prior to July 1, 2014.	127625

Section 733.20. The General Assembly hereby declares its	127626
intent, in enacting section 3319.031 of the Revised Code, to	127627
supersede any effect of the decision of the Court of Appeals of	127628
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	127629
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	127630
decision conflicts with the principle that boards of education may	127631
appoint a licensed business manager, but also may determine	127632
instead to assign the roles and functions of a business manager to	127633
one or more employees or officers of the board, including the	127634
treasurer, in the board's sole discretion.	127635

Section 733.40. (A) The Superintendent of Public Instruction	127636
shall appoint three incorporators who are knowledgeable about the	127637
administration of public schools and about the operation of	127638
nonprofit corporations in Ohio.	127639

(B) The incorporators shall do whatever is necessary and	127640
proper to set up a nonprofit corporation under Chapter 1702. of	127641
the Revised Code. The articles of incorporation, in addition to	127642
meeting the requirements of section 1702.04 of the Revised Code,	127643
shall set forth the following provisions:	127644

(1) That the nonprofit corporation is to create and implement	127645
a pilot program that provides an alternative path for individuals	127646
to receive training and development in the administration of	127647
primary and secondary education and leadership, that will enable	127648
these individuals to earn a degree in public school	127649
administration, that will enable these individuals to obtain	127650
licenses in public school administration, and that promotes the	127651
placement of these individuals in public schools that have a	127652
poverty percentage greater than fifty per cent.	127653

(2) That the Board of Directors are to establish criteria for	127654
program costs, participant selection, and continued participation,	127655
and metrics to document and measure pilot program activities.	127656

(3) That the name of the nonprofit corporation is "New	127657
Leaders for Ohio Schools."	127658

(4) That the Board of Directors is to consist of the	127659
following eight directors:	127660

(a) The Governor or the Governor's designee;

127661

(b) The Superintendent of Public Instruction, or the	127662
Superintendent's designee;	127663

(c) The Chancellor of the Ohio Board of Regents, or the	127664
Chancellor's designee;	127665

(d) A person to represent major business enterprises in Ohio;

127666

(e) Two individuals appointed by the Speaker of the House of	127667
Representatives, one of whom shall be an active duty or retired	127668
military officer;	127669

(f) Two individuals appointed by the President of the Senate,	127670
one of whom shall be a current or retired teacher or principal.	127671

The Dean of The Ohio State University Fisher College of	127672
Business and the Dean of The Ohio State University College of	127673
Education and Human Ecology are to serve as ex-officio nonvoting	127674
members of the Board.	127675

The person on the Board who represents a major business	127676
enterprise in Ohio is to be appointed by an organization selected	127677
by the Governor. The organization is to be nonpartisan and consist	127678
of chief executive officers of corporations organized in Ohio.	127679

(5) That the Board is to appoint a President of the	127680
corporation.	127681

(6) That the President of the Corporation, subject to the	127682
approval of the Board, is to enter into a contract with The Ohio	127683
State University Fisher College of Business. Under the contract,	127684
the College is to provide oversight to the corporation, is to	127685
serve as fiscal agent for the corporation, and is to provide the	127686
corporation with office space, and with office furniture and	127687
equipment, as is necessary for the corporation successfully to	127688
fulfill its duties.	127689

(7) That the administrative costs of the corporation are not	127690
to exceed fifteen per cent of the annual budget of the	127691
corporation.	127692

(8) That the President is to apply for, and is to receive and	127693
accept, grants, gifts, bequests, and contributions from private	127694
sources.	127695

(9) That the corporation is to submit an annual report to the	127696
General Assembly and Governor beginning December 31, 2013.	127697

(10) That the corporation shall cease operations on the date	127698
that is five years after the effective date of this section and	127699
proceed to wind up its affairs.	127700

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

127701

The Department of Mental Health and Addiction Services, in	127702
consultation with the Department of Medicaid, shall administer the	127703
Recovery Requires a Community Program to identify individuals	127704
residing in nursing facilities who can be successfully moved into	127705
a community setting with the aid of community non-Medicaid	127706
services.	127707

The Director of Mental Health and Addiction Services and the	127708
Medicaid Director shall agree upon an amount representing the	127709
savings realized from decreased nursing facility utilization to be	127710
transferred within the biennium from the Department of Medicaid to	127711
the Department of Mental Health and Addiction Services to support	127712
non-Medicaid program costs for individuals moving into community	127713
settings.	127714

Of the foregoing appropriation item 651525, Medicaid/Health	127715
Care Services, the Medicaid Director shall transfer the amount	127716
agreed upon representing the savings from the General Revenue Fund	127717
to the Sale of Goods and Services Fund (Fund 1490). The transfer	127718
shall be made using an intrastate transfer voucher. The	127719
transferred cash is hereby appropriated to appropriation item	127720
335609, Community Operating/Planning.	127721

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	127722
FUND	127723

Notwithstanding any provision of section 131.51 of the	127724
Revised Code to the contrary, from revenue arising from the	127725
personal income tax levied under Chapter 5747. of the Revised	127726
Code, an amount equal to one hundred per cent of the amount	127727
credited to the Local Government Fund in July 2012 shall be	127728
credited to such fund in July 2013. In July 2013 each county	127729
undivided local government fund shall receive the same amount it	127730
received in July 2012. In July 2013 each municipal corporation	127731
shall receive the same amount it directly received from the Local	127732
Government Fund in July 2012.	127733

Section 757.20. (A) On or before June 15, 2014, the Director	127734
of the Ohio Public Works Commission shall certify to the Director	127735
of Budget and Management the amount of debt service paid from the	127736
General Revenue Fund in fiscal years 2013 and 2014 on bonds issued	127737
to finance or assist in the financing of the cost of local	127738
subdivision public infrastructure capital improvement projects, as	127739
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	127740
Constitution, that are attributable to costs for construction,	127741
reconstruction, maintenance, or repair of public highways and	127742
bridges and other statutory highway purposes. That certification	127743
shall allocate the total amount of debt service paid from the	127744
General Revenue Fund and attributable to those costs in each of	127745
fiscal years 2013 and 2014 according to the applicable section of	127746
the Ohio Constitution under which the bonds were originally	127747
issued.	127748

(B) On or before June 15, 2015, the Director of the Ohio	127749
Public Works Commission shall certify to the Director of Budget	127750
and Management the amount of debt service paid from the General	127751
Revenue Fund in fiscal year 2015 on bonds issued to finance or	127752
assist in the financing of the cost of local subdivision public	127753
infrastructure capital improvement projects, as provided for in	127754
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	127755
are attributable to costs for construction, reconstruction,	127756
maintenance, or repair of public highways and bridges and other	127757
statutory highway purposes. That certification shall allocate the	127758
total amount of debt service paid from the General Revenue Fund	127759
and attributable to those costs in fiscal year 2015 according to	127760
the applicable section of the Ohio Constitution under which the	127761
bonds were originally issued.	127762

(C) On or before June 30 of each fiscal year, the Director of	127763
Budget and Management shall determine an amount up to but not	127764
exceeding the amount certified under division (A) or (B) of this	127765
section and shall reserve that amount from the cash balance in the	127766
Commercial Activity Tax Motor Fuel Receipts Fund for transfer to	127767
the General Revenue Fund at times and in amounts to be determined	127768
by the Director. The Director shall transfer the cash balance in	127769
the Commercial Activity Tax Motor Fuel Receipts Fund in excess of	127770
the amount so reserved to the Highway Operating Fund on or before	127771
June 30 of each fiscal year.	127772

Section 803.10. An investor who is issued a tax credit	127773
certificate under section 122.152 of the Revised Code prior to	127774
that section's repeal by this act may continue to claim that	127775
credit in the manner provided for in that section.	127776

Section 803.20. The member of the Farmland Preservation	127777
Advisory Board appointed under division (A)(4) of section 901.23	127778
of the Revised Code, as that section existed prior to its	127779
amendment by this act, who is serving on the effective date of	127780
this act shall continue to serve until the expiration of the term	127781
for which the member was appointed. At the end of that term, a	127782
member shall be appointed in accordance with division (A)(4) of	127783
that section as amended by this act.	127784

Section 803.30. A member of the technical advisory committee	127785
created in section 1551.35 of the Revised Code, as amended by this	127786
act, who was appointed by the Director of the Ohio Coal	127787
Development Office and who is serving on the committee immediately	127788
prior to the effective date of the amendments to that section	127789
shall continue in office until the expiration of the member's	127790
term. Thereafter, the appointment of a member for that position on	127791
the committee shall be made in accordance with the amendments to	127792
that section by this act.	127793

Section 803.50. The amendments to sections 3313.48, 3313.533,	127794
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	127795
section 3313.481; and the repeal of section 3313.482 of the	127796
Revised Code made by this act do not apply to any collective	127797
bargaining agreement executed under Chapter 4117. of the Revised	127798
Code prior to July 1, 2014. Any collective bargaining agreement or	127799
renewal executed after that date shall comply with the changes	127800
provided for in this act.	127801

Section 803.60. (A) As used in this section:

127802

(1) "State institution of higher education" has the same	127803
meaning as in section 3345.011 of the Revised Code.	127804

(2) "Career-technical planning district" has the same meaning	127805
as in section 3302.033 of the Revised Code.	127806

(B) Nothing in Chapter 3365. of the Revised Code or the	127807
amendment of sections in that chapter by this act shall be	127808
construed to infringe upon or require the alteration of any	127809
existing or future articulation agreement for technical coursework	127810
offered through state-approved career-technical programs of study	127811
or any corresponding payment structure between any state	127812
institution of higher education and a career-technical planning	127813
district.	127814

The Department of Education and the Board of Regents shall	127815
study the implications of applying the changes in Chapter 3365. of	127816
the Revised Code to articulation agreements for technical	127817
coursework offered through state-approved career-technical	127818
programs of study. The Department and the Board also shall make	127819
recommendations on how such career-technical programs of study	127820
might be included under Chapter 3365. of the Revised Code and the	127821
implications of including them. These recommendations shall be	127822
submitted to the Governor's Office of 21st Century Education and	127823
the General Assembly in accordance with section 101.68 of the	127824
Revised Code, not later than July 1, 2014.	127825

Section 803.80. (A) The amendment by this act of section	127826
5747.01 of the Revised Code, amending or enacting divisions	127827
(A)(26) and (GG) or striking existing division (A)(29) of that	127828
section, applies to taxable years ending on or after the effective	127829
date of this section.	127830

(B) The amendment by this act of section 5747.022 and	127831
division (A) of section 5747.025 of the Revised Code applies to	127832
taxable years beginning on or after January 1, 2013.	127833

(C) The amendment by this act of division (C) of section	127834
5747.025, and of sections 5747.02, 5747.08, and 5747.21, and the	127835
repeal of section 5747.211 of the Revised Code apply to taxable	127836
years beginning on or after January 1, 2013.	127837

Section 803.90. (A) The amendment by this act of section	127838
5751.01 of the Revised Code applies to tax periods ending on or	127839
after the effective date of that amendment.	127840

(B) The amendment by this act of section 5751.07 of Revised	127841
Code applies to original returns filed on or after January 1,	127842
2014.	127843

Section 803.120. (A) The amendment or enactment by this act	127844
of section 1509.50, division (C)(12) of section 5703.21, section	127845
5749.02, divisions (F), (H), and (I) of section 5749.06, and	127846
section 5749.17 of the Revised Code applies to the severance of	127847
natural resources occurring in calendar quarters beginning on or	127848
after October 1, 2013.	127849

(B) The amendment or enactment by this act of section	127850
113.061, divisions (A)(5) and (6) of section 5749.02, and	127851
divisions (B), (D), and (G) of section 5749.06 of the Revised Code	127852
applies to the severance of natural resources occurring in	127853
calendar quarters beginning on or after January 1, 2014.	127854

Section 803.150. A proposal approved by a board of county	127855
commissioners under section 317.321 of the Revised Code as it	127856
existed before the date of the amendment of that section by this	127857
act continues in effect for the number of years approved by the	127858
board of county commissioners under that section. The special fund	127859
established at the request of the board under that section ceases	127860
to exist upon the expiration of the proposal.	127861

Section 803.160. (A) References to the Ohio Cooperative	127862
Extension Service, or use of a similar term, in any contracts,	127863
agreements, or other instruments that were entered into or	127864
executed prior to the effective date of this section pursuant to	127865
state statutes are deemed to be references to OSU Extension as	127866
defined in section 1.611 of the Revised Code as enacted by this	127867
act.	127868

(B) References to the Ohio Cooperative Extension Service, or	127869
use of a similar term, in rules adopted prior to the effective	127870
date of this section pursuant to state statutes are deemed to be	127871
references to OSU Extension.	127872

Section 803.170. The amendment by this act of section	127873
5709.17 of the Revised Code applies to tax year 2013 and every tax	127874
year thereafter.	127875

Section 803.180. The amendment or enactment by this act of	127876
sections 5735.01, 5735.012, and 5735.013 applies on the first day	127877
of the first month after the effective date of those sections.	127878

Section 803.190. (A) The amendment or enactment by this act	127879
of division (QQQ) of section 5739.01, section 5739.12, division	127880
(I), except for divisions (I)(2)(g) and (I)(4), and division (Q)	127881
of section 5741.01, and section 5741.12 of the Revised Code	127882
applies to the storage, use, or other consumption of tangible	127883
personal property or services occurring on and after the first	127884
month beginning after the effective date of that division and	127885
section.	127886

(B) The amendment by this act of divisions (I)(2)(g) and	127887
(I)(4) of section 5741.01 and section 5741.17 of the Revised Code	127888
applies to the storage, use, or other consumption of tangible	127889
personal property or services occurring on and after October 1,	127890
2013, regardless of the date a seller and a resident entered into	127891
an agreement described in division (I)(2)(g) of section 5741.01 of	127892
the Revised Code. On that date, as used in divisions (I)(2)(g) and	127893
(I)(4) of section 5741.01 of the Revised Code, "preceding twelve	127894
months" means the twelve months beginning October 1, 2012, and	127895
ending September 30, 2013.	127896

Section 806.10. The items of law contained in this act, and	127897
their applications, are severable. If any item of law contained in	127898
this act, or if any application of any item of law contained in	127899
this act, is held invalid, the invalidity does not affect other	127900
items of law contained in this act and their applications that can	127901
be given effect without the invalid item of law or application.	127902

Section 809.10. An item of law, other than an amending,	127903
enacting, or repealing clause, that composes the whole or part of	127904
an uncodified section contained in this act has no effect after	127905
June 30, 2015, unless its context clearly indicates otherwise.	127906

Section 812.10. Except as otherwise provided in this act, the	127907
amendment, enactment, or repeal by this act of a section is	127908
subject to the referendum under Ohio Constitution, Article II,	127909
Section 1c and therefore takes effect on the ninety-first day	127910
after this act is filed with the Secretary of State or, if a later	127911
effective date is specified below, on that date.	127912

The enactment of section 5162.12 of the Revised Code takes	127913
effect January 1, 2014.	127914

The amendment, enactment, or repeal of sections 3313.48,	127915
3313.533, 3313.62, 3314.09, 3314.092, 3321.05, 3326.11, and	127916
3326.20 of the Revised Code takes effect July 1, 2014.	127917

The repeal and reenactment of sections 3313.481 and 3327.02	127918
of the Revised Code take effect July 1, 2014.	127919

The enactment of section 3327.07 of the Revised Code takes	127920
effect on July 1, 2014.	127921

Sections 323.70, 323.110, 323.120, and 323.480 of this act	127922
take effect at the earliest time permitted by law but not earlier	127923
than September 30, 2013.	127924

Section 812.20. The amendment, enactment, or repeal by this	127925
act of the sections listed below is exempt from the referendum	127926
under Ohio Constitution, Article II, Section 1d and section 1.471	127927
of the Revised Code and therefore takes effect immediately when	127928
this act becomes law or, if a later effective date is specified	127929
below, on that date.	127930

Sections 731.091, 3314.05, 3734.57, 3734.901, 4301.43,	127931
5727.84, 5747.501, and 5753.03 of the Revised Code.	127932

Sections of this act prefixed with section numbers in the	127933
200's, 300's, 400's, and 500's except for sections 323.10.70,	127934
323.70, 323.110, 323.120, 323.480, 363.230, 363.520, 363.540, and	127935
363.550 of this act.	127936

Sections 812.10, 812.20, and 812.30 of this act.

127937

The enactment of section 5168.41 of the Revised Code takes	127938
effect July 1, 2013.	127939

The amendment of sections 120.06 and 5139.04 of the Revised	127940
Code takes effect July 1, 2013.	127941

Section 812.30. The sections that are listed in the	127942
left-hand column of the following table combine amendments by this	127943
act that are and that are not exempt from the referendum under	127944
Ohio Constitution, Article II, sections 1c and 1d and section	127945
1.471 of the Revised Code.	127946

The middle column identifies the amendments to the listed	127947
sections that are subject to the referendum under Ohio	127948
Constitution, Article II, Section 1c and therefore take effect on	127949
the ninety-first day after this act is filed with the Secretary of	127950
State or, if a later effective date is specified, on that date.	127951

The right-hand column identifies the amendments to the listed	127952
sections that are exempt from the referendum under Ohio	127953
Constitution, Article II, Section 1d and section 1.471 of the	127954
Revised Code and therefore take effect immediately when this act	127955
becomes law or, if a later effective date is specified, on that	127956
date.	127957

Section of law	Amendments subject to referendum	Amendments exempt from referendum	127958
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	127959
3721.50 (5168.40)	All amendments except as described in the right-hand column	Amendments to division (F)	127960
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	127961
5751.20	Amendments to division (J)	All amendments except as described in the middle column	127962
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	127963

Section 812.40. The amendments to sections 109.572, 169.02,	127964
3317.01, 5101.573 (5160.40), 5101.58 (5160.37), 5111.07	127965
(5164.752), 5111.071 (5164.753), 5111.083 (5164.757), 5111.17	127966
(5167.10), and 5111.19 (5164.74) of the Revised Code are subject	127967
to the referendum under Ohio Constitution, Article II, Section 1c	127968
and section 1.471 of the Revised Code, and therefore take effect	127969
on the ninety-first day after this act is filed with the Secretary	127970
of State. However:	127971

(A) In section 3317.01 of the Revised Code, the amendments to	127972
division (B) take effect July 1, 2014.	127973

(B) In section 5101.573 (5160.40) of the Revised Code, the	127974
new matter inserted into division (C) takes effect January 1,	127975
2014.	127976

(C) In section 5101.58 (5160.37) of the Revised Code, the	127977
insertion of division (K) takes effect January 1, 2014.	127978

(D)(1) In section 5111.07 (5164.752) of the Revised Code, all	127979
of the amendments take effect July 1, 2014, except for the	127980
following amendments:	127981

(a) The renumbering of the section;

127982

(b) The strike through of "job and family services" and	127983
insertion of "medicaid" in the first sentence as the section	127984
appears on the day immediately preceding the effective date of	127985
this section.	127986

(2) The reference to "director of job and family services" in	127987
the last sentence shall be read as if it reads the "director of	127988
medicaid" while the last sentence remains in effect.	127989

(E) In section 5111.071 (5164.753) of the Revised Code, the	127990
insertion in the last sentence of "and the extent to which each	127991
terminal distributor participates in the medicaid program as a	127992
provider of drugs" takes effect July 1, 2014.	127993

(F) In section 5111.083 (5164.757) of the Revised Code, all	127994
of the amendments take effect January 1, 2014, except for the	127995
following amendments:	127996

(1) The renumbering of the section;

127997

(2) The insertion of "medicaid" before "director" in the	127998
first sentence of division (B);	127999

(3) The strike through of "of job and family services".

128000

(G) In section 5111.17 (5167.10) of the Revised Code, the	128001
amendments to division (B)(2) take effect January 1, 2014.	128002

(H) In section 5111.19 (5164.74) of the Revised Code, the	128003
following amendments take effect January 1, 2014:	128004

(1) The insertion of ", and the allocation of payments for,"	128005
in the first paragraph;	128006

(2) The strike through of the second paragraph and divisions	128007
(A), (B), and (C).	128008

Section 812.60. (A) Except as provided in division (B) of	128009
this section, the amendments of this act to section 5111.251 of	128010
the Revised Code, including the renumbering of the section as	128011
section 5124.17 of the Revised Code, take effect ninety-one days	128012
after the effective date of this section.	128013

(B) The following amendments by this act to section 5111.251	128014
(5124.17) of the Revised Code take effect July 1, 2014:	128015

(1) The amendments that halve the efficiency incentive	128016
payment for intermediate care facilities for the mentally retarded	128017
that have more than eight beds;	128018

(2) The amendments that eliminate the nonextensive	128019
renovations component of the Medicaid payments for the capital	128020
costs of intermediate care facilities for the mentally retarded	128021
that have more than eight beds;	128022

(3) The amendments that eliminate the return on equity	128023
component of the Medicaid payments for the capital costs of all	128024
intermediate care facilities for the mentally retarded.	128025

Section 812.70. All the amendments by this act to section	128026
3327.01 of the Revised Code are subject to the referendum under	128027
Ohio Constitution, Article II, Section 1c. The amendment adding	128028
division (H) to the section takes effect on the ninety-first day	128029
after this act is filed with the Secretary of State, and all the	128030
other amendments to the section take effect on July 1, 2014.	128031

Section 815.10. The General Assembly, applying the principle	128032
stated in division (B) of section 1.52 of the Revised Code that	128033
amendments are to be harmonized if reasonably capable of	128034
simultaneous operation, finds that the following sections,	128035
presented in this act as composites of the sections as amended by	128036
the acts indicated, are the resulting versions of the sections in	128037
effect prior to the effective date of the sections as presented in	128038
this act:	128039

Section 9.90 of the Revised Code as amended by both Am. Sub.	128040
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	128041

Section 109.572 of the Revised Code as amended by both Am.	128042
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128043

Section 122.17 of the Revised Code as amended by Sub. H.B.	128044
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	128045
General Assembly.	128046

Section 122.33 of the Revised Code as amended by both Am.	128047
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	128048

Section 122.85 of the Revised Code as amended by both Am.	128049
Sub. H.B. 508 and Am. Sub. H.B. 510 of the 129th General Assembly.	128050

Section 124.381 of the Revised Code as amended by both Am.	128051
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128052

Section 149.43 of the Revised Code as amended by both Am.	128053
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	128054

Section 329.06 of the Revised Code as amended by both Am.	128055
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128056

Section 955.201 of the Revised Code as amended by both Am.	128057
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	128058

Section 2901.30 of the Revised Code as amended by both Am.	128059
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	128060

Section 2921.13 of the Revised Code as amended by both Am.	128061
Sub. H.B. 495 and Sub. S.B. 343 of the 129th General Assembly.	128062

Section 2923.126 of the Revised Code as amended by both Am.	128063
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	128064
that is scheduled to take effect January 1, 2014.	128065

Section 2929.13 of the Revised Code as amended by Am. Sub.	128066
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th	128067
General Assembly.	128068

Section 3304.231 of the Revised Code as amended by both Am.	128069
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128070

Section 3313.978 of the Revised Code as amended by both Am.	128071
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	128072

Section 3701.78 of the Revised Code as amended by both Am.	128073
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128074

Section 3734.01 of the Revised Code as amended by both Am.	128075
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	128076

Section 3745.11 of the Revised Code as amended by both Am.	128077
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	128078

Section 5104.012 of the Revised Code as amended by both Am.	128079
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	128080
that is scheduled to take effect January 1, 2014.	128081

Section 5104.013 of the Revised Code as amended by both Am.	128082
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	128083
that is scheduled to take effect January 1, 2014.	128084

Section 5111.032 of the Revised Code as amended by both Am.	128085
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128086

Section 5111.033 of the Revised Code as amended by both Am.	128087
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128088

Section 5111.034 of the Revised Code as amended by both Am.	128089
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128090

Section 5111.172 of the Revised Code as amended by both Am.	128091
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	128092

Section 5119.16 of the Revised Code as amended by both Am.	128093
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128094

Section 5701.13 of the Revised Code as amended by both Sub.	128095
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	128096

Section 5731.39 of the Revised Code as amended by both Am.	128097
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	128098

Section 5739.01 of the Revised Code as amended by Am. Sub.	128099
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	128100

Section 5747.01 of the Revised Code as amended by Am. H.B.	128101
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	128102
General Assembly.	128103

Section 5747.98 of the Revised Code as amended by both Am.	128104
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	128105

Section 5749.02 of the Revised Code as amended by both Am.	128106
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	128107

Section 5751.01 of the Revised Code as amended by both Am.	128108
Sub. H.B. 472 and Am. Sub. H.B. 510 of the 129th General Assembly.	128109

Section 5751.20 of the Revised Code as amended by both Am.	128110
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	128111

Section 5753.03 of the Revised Code as amended by both Am.	128112
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	128113

Section 815.20. The amendment of sections 5104.11 and 5120.07	128114
of the Revised Code by this act is not intended to supersede the	128115
earlier repeal, with delayed effective date, of those sections.	128116